I
105TH CONGRESS
1ST SESSION
H.R. 1275
To authorize appropriations for the National Aeronautics and Space
Administration for fiscal years 1998 and 1999, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. ROHRABACHER introduced the following bill; which was referred to the
Committee on Science
A BILL
To authorize appropriations for the National Aeronautics
and Space Administration for fiscal years 1998 and
1999, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Civilian Space Authorization Act, Fiscal Years 1998 and
1999’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—AUTHORIZATION OF APPROPRIATIONS
Subtitle A—Authorizations
Sec. 101. Human space flight.
Sec. 102. Science, aeronautics, and technology.
Sec. 103. Mission support.
Sec. 104. Inspector General.
Sec. 105. Total authorization.
Sec. 106. Office of Commercial Space Transportation authorization.
Sec. 107. Office of Space Commerce.
Subtitle B—Restructuring the National Aeronautics and Space Administration
Sec. 111. Findings.
Sec. 112. Restructuring reports.
Subtitle C—Limitations and Special Authority
Sec. 121. Use of funds for construction.
Sec. 122. Availability of appropriated amounts.
Sec. 123. Reprogramming for construction of facilities.
Sec. 124. Consideration by committees.
Sec. 125. Limitation on obligation of unauthorized appropriations.
Sec. 126. Use of funds for scientific consultations or extraordinary expenses.
Sec. 127. Mission to Planet Earth limitation.
Sec. 128. Space operations.
Sec. 129. International Space University Limitation.
TITLE II—INTERNATIONAL SPACE STATION
Sec. 201. Findings.
Sec. 202. Commercialization of Space Station.
Sec. 203. Space Station accounting report.
Sec. 204. Report on international hardware agreements.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. Commercial space launch amendments.
Sec. 302. Requirement for independent cost analysis.
Sec. 303. Office of Space Commerce.
Sec. 304. National Aeronautics and Space Act of 1958 amendments.
Sec. 305. Procurement.
Sec. 306. Acquisition of space science data.
Sec. 307. Commercial space goods and services.
Sec. 308. Acquisition of earth remote sensing data.
Sec. 309. EOSDIS report.
Sec. 310. Shuttle privatization.
Sec. 311. Launch voucher demonstration program amendments.
Sec. 312. Use of abandoned and underutilized buildings, grounds, and facilities.
Sec. 313. Cost effectiveness calculations.
Sec. 314. Foreign contract limitation.
Sec. 315. Authority to reduce or suspend contract payments based on substan-
tial evidence of fraud.
Sec. 316. Next Generation Internet.
Sec. 317. Limitations.
Sec. 318. Notice.
Sec. 319. Sense of Congress on the Year 2000 problem.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Ad-
ministration should aggressively pursue actions and
reforms directed at reducing institutional costs, in-
cluding management restructuring, facility consoli-
dation, 
procurement 
reform, 
personnel 
base
downsizing, and convergence with other defense and
commercial sector systems.
(2) The National Aeronautics and Space Ad-
ministration must reverse its current trend toward
becoming an operational agency, and return to its
proud history as the Nation’s leader in basic sci-
entific air and space research.
(3) The United States is on the verge of creat-
ing and using new technologies in microsatellites, in-
formation processing, and space launches that could
radically alter the manner in which the Federal Gov-
ernment approaches its space mission.
(4) The overwhelming preponderance of the
Federal Government’s requirements for routine, non-
emergency manned and unmanned space transpor-
tation can be met most effectively, efficiently, and
economically by a free and competitive market in
privately developed and operated space transpor-
tation services.
(5) In formulating a national space transpor-
tation service policy, the National Aeronautics and
Space Administration should aggressively promote
the pursuit by commercial providers of development
of advanced space transportation technologies in-
cluding reusable space vehicles, single-stage-to-orbit
vehicles, and human space systems.
(6) The Federal Government should invest in
the types of research and innovative technology in
which the United States private sector does not in-
vest, while avoiding competition with the activities in
which the United States private sector does invest.
(7) International cooperation in space explo-
ration and science activities serves the United States
national interest—
(A) when it—
(i) reduces the cost of undertaking
missions the United States Government
would pursue unilaterally;
(ii) enables the United States to pur-
sue missions that it could not otherwise af-
ford to pursue unilaterally; or
(iii) enhances United States capabili-
ties to use and develop space for the bene-
fit of United States citizens; and
(B) when it does not—
(i) otherwise harm or interfere with
the ability of United States private sector
firms to develop or explore space commer-
cially;
(ii) interfere with the ability of Fed-
eral agencies to use space to complete their
missions;
(iii) undermine the ability of United
States private enterprise to compete favor-
ably with foreign entities in the commercial
space arena; or
(iv) transfer sensitive or commercially
advantageous technologies or knowledge
from the United States to other countries
or foreign entities except as required by
those countries or entities to make their
contribution to a multilateral space project
in partnership with the United States, or
on a quid pro quo basis.
(8) The National Aeronautics and Space Ad-
ministration and the Department of Defense can co-
operate more effectively in leveraging their mutual
capabilities to conduct joint space missions that im-
prove United States space capabilities and reduce
the cost of conducting space missions.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space
Administration;
(2) the term ‘‘commercial provider’’ means any
person providing space transportation services or
other space-related activities, primary control of
which is held by persons other than Federal, State,
local, and foreign governments;
(3) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C.
1141(a));
(4) the term ‘‘State’’ means each of the several
States of the Union, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other common-
wealth, territory, or possession of the United States;
and
(5) the term ‘‘United States commercial pro-
vider’’ means a commercial provider, organized
under the laws of the United States or of a State,
which is—
(A) more than 50 percent owned by United
States nationals; or
(B) a subsidiary of a foreign company and
the Secretary of Transportation finds that—
(i) such subsidiary has in the past evi-
denced a substantial commitment to the
United States market through—
(I) investments in the United
States in long-term research, develop-
ment, and manufacturing (including
the manufacture of major components
and subassemblies); and
(II) significant contributions to
employment in the United States; and
(ii) the country or countries in which
such foreign company is incorporated or
organized, and, if appropriate, in which it
principally conducts its business, affords
reciprocal treatment to companies de-
scribed in subparagraph (A) comparable to
that afforded to such foreign company’s
subsidiary in the United States, as evi-
denced by—
(I) providing comparable oppor-
tunities for companies described in
subparagraph (A) to participate in
Government sponsored research and
development similar to that authorized
under this Act;
(II) providing no barriers to com-
panies described in subparagraph (A)
with respect to local investment op-
portunities that are not provided to
foreign companies in the United
States; and
(III) providing adequate and ef-
fective protection for the intellectual
property rights of companies de-
scribed in subparagraph (A).
TITLE I—AUTHORIZATION OF
APPROPRIATIONS
Subtitle A—Authorizations
SEC. 101. HUMAN SPACE FLIGHT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Human
Space Flight the following amounts:
(1) For the Space Station—
(A) for fiscal year 1998, $2,121,300,000,
of which $400,500,000, notwithstanding section
121(a), shall only be for Space Station research
or for the purposes described in section 102(2);
and
(B) for fiscal year 1999, $2,109,200,000,
of which $496,200,000, notwithstanding section
121(a), shall only be for Space Station research
or for the purposes described in section 102(2).
(2) For Space Shuttle Operations—
(A) for fiscal year 1998, $2,494,400,000;
and
(B) for fiscal year 1999, $2,625,600,000.
(3) For Space Shuttle Safety and Performance
Upgrades—
(A) for fiscal year 1998, $483,400,000, in-
cluding related Construction of Facilities for—
(i) Repair of Payload Changeout
Room Wall in Ceiling, Pad A, Kennedy
Space Center, $2,200,000;
(ii) Restoration of Pad Surface and
Slope, Kennedy Space Center, $1,800,000;
and
(iii) Rehabilitation of 480V Electrical
Distribution System, Kennedy Space Cen-
ter, $2,800,000; and
(B) for fiscal year 1999, $392,900,000.
(4) For Payload and Utilization Operations—
(A) for fiscal year 1998, $227,400,000;
and
(B) for fiscal year 1999, $178,600,000.
SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Science,
Aeronautics, and Technology the following amounts:
(1) For Space Science—
(A) for fiscal year 1998, $2,079,800,000,
of which—
(i) $47,600,000 shall be for the Grav-
ity Probe B;
(ii) $5,000,000 shall be for participa-
tion in Clementine 2 (Air Force Program
Element 0603401F ‘‘Advanced Spacecraft
Technology’’);
(iii) $3,000,000 shall be for the Near
Earth Orbit Survey;
(iv) $529,400,000 shall be for Mission
Operations and Data Analysis; and
(v) $5,000,000 shall be for the Solar
B program; and
(B) for fiscal year 1999, $2,085,400,000,
of which—
(i) $5,000,000 shall be for participa-
tion in Clementine 2 (Air Force Program
Element 0603401F ‘‘Advanced Spacecraft
Technology’’);
(ii) $3,000,000 shall be for the Near
Earth Orbit Survey;
(iii) $561,100,000 shall be for Mission
Operations and Data Analysis; and
(iv) $15,000,000 shall be for the Solar
B program.
(2) For Life and Microgravity Sciences and Ap-
plications—
(A) for fiscal year 1998, $214,200,000, of
which—
(i) $2,000,000 shall be for research
and early detection systems for breast and
ovarian cancer and other women’s health
issues; and
(ii) $2,000,000, shall be for modifica-
tions for the installation of the Bio-Plex,
Johnson Space Center; and
(B) for fiscal year 1999, $249,800,000, of
which $2,000,000 shall be for research and
early detection systems for breast and ovarian
cancer and other women’s health issues.
(3) For Mission to Planet Earth, subject to the
limitations set forth in section 127—
(A) for fiscal year 1998, $1,417,300,000,
of which—
(i) $50,000,000 shall be for commer-
cial data purchases under section 308(a);
and
(ii) $8,000,000 shall be for continuing
operations of the Midcourse Space Experi-
ment spacecraft constructed by the Applied
Physics Laboratory of Johns Hopkins Uni-
versity,
(reduced by $200,000,000 to reflect the use of
prior year balances); and
(B) for fiscal year 1999, $1,446,300,000,
of which $50,000,000 shall be for commercial
data purchases under section 308(a).
(4) For Aeronautics and Space Transportation
Technology—
(A) for fiscal year 1998, $1,769,500,000,
of which—
(i) $920,100,000 shall be for Aero-
nautical Research and Technology, of
which not more than $35,700,000 shall be
for High Performance Computing and
Communications;
(ii) $696,600,000 shall be for Ad-
vanced Space Transportation, including—
(I) $333,500,000, which shall
only be for the X–33 advanced tech-
nology demonstration vehicle program,
including $3,700,000 for rehabilita-
tion and modification of the B2 test
stand, Stennis Space Center;
(II) $150,000,000, which shall
only be for a program of focused tech-
nology demonstrations to support the
competitive awarding of a contract to
develop, build, and flight test an ex-
perimental single-stage-to-orbit dem-
onstration vehicle using design con-
cepts different from, and technologies
more advanced than, the design con-
cepts and technologies used for the
X–33 program; and
(III) $150,000,000, which shall
only be for the procurement of an ex-
perimental vehicle described in sub-
clause (II), after the expiration of 30
days after the Administrator has
transmitted to the Committee on
Science of the House of Representa-
tives and the Committee on Com-
merce, Science, and Transportation of
the Senate a written report including
a plan for the experimental vehicle
program and the projected costs
thereof; and
(iii) $152,800,000 shall be for Com-
mercial Technology; and
(B) for fiscal year 1999, $1,816,400,000,
of which—
(i) $837,400,000 shall be for Aero-
nautical Research and Technology;
(ii) $818,600,000 shall be for Ad-
vanced Space Transportation, including—
(I) $313,900,000, which shall
only be for the X–33 advanced tech-
nology demonstration vehicle program;
and
(II) $450,000,000, which shall
only be for the procurement of an ex-
perimental vehicle described in sub-
paragraph (A)(ii)(II); and
(iii) $160,400,000 shall be for Com-
mercial Technology.
(5) For Mission Communication Services—
(A) for fiscal year 1998, $400,800,000;
and
(B) for fiscal year 1999, $436,100,000.
(6) For Academic Programs—
(A) for fiscal year 1998, $96,400,000, of
which $15,300,000 shall be for the National
Space Grant College and Fellowship Program;
and
(B) for fiscal year 1999, $102,200,000.
SEC. 103. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Mission
Support the following amounts:
(1) For Safety, Reliability, and Quality Assur-
ance—
(A) for fiscal year 1998, $37,800,000; and
(B) for fiscal year 1999, $43,000,000.
(2) For Space Communication Services—
(A) for fiscal year 1998, $245,700,000;
and
(B) for fiscal year 1999, $204,400,000.
(3)(A) For Construction of Facilities, including
land acquisition, for fiscal year 1998, $159,400,000,
including the following:
(i) Modernization of Process Cooling Sys-
tem, Numerical Aerodynamic Simulation Facil-
ity, Ames Research Center, $2,700,000.
(ii) Rehabilitation and Modification of
Hangar and Shop, Dryden Flight Research
Center, $2,800,000.
(iii) Restoration of Chilled Water Distribu-
tion System, Goddard Space Flight Center,
$2,400,000.
(iv) Restoration of Space/Terrestrial Appli-
cation Facility, Goddard Space Flight Center,
$4,600,000.
(v) Construction of Emergency Services
Facility, 
Jet 
Propulsion 
Laboratory,
$4,800,000.
(vi) Upgrade of Utility Annex Chilled
Water 
Plan, 
Kennedy 
Space 
Center,
$5,900,000.
(vii) Rehabilitation of High-Voltage Sys-
tem, Lewis Research Center, $9,400,000.
(viii) Modification of Chilled Water Sys-
tem, Marshall Space Flight Center, $7,000,000.
(ix) Minor Revitalization of Facilities at
Various Locations, not in excess of $1,500,000
per project, $65,700,000.
(x) Minor construction of new facilities and
additions to existing facilities at various loca-
tions, $1,100,000.
(xi) Facility planning and design, not oth-
erwise provided for, $19,000,000.
(xii) Environmental compliance and res-
toration, $34,000,000.
(B) For Construction of Facilities, including
land acquisition, for fiscal year 1999, $188,900,000.
(4) For Research and Program Management,
including personnel and related costs, travel, and re-
search operations support—
(A) for fiscal year 1998, $2,070,300,000;
and
(B) for fiscal year 1999, $2,022,600,000.
SEC. 104. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General—
(1) for fiscal year 1998, $18,300,000; and
(2) for fiscal year 1999, $18,600,000.
SEC. 105. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this title, the
total amount authorized to be appropriated to the Na-
tional Aeronautics and Space Administration under this
Act, combined with the amount of prior year balances de-
scribed in the matter after clause (ii) in section 102(3)(A),
shall not exceed—
(1) for fiscal year 1998, $13,836,000,000; and
(2) for fiscal year 1999, $13,920,000,000.
SEC. 106. OFFICE OF COMMERCIAL SPACE TRANSPOR-
TATION AUTHORIZATION.
There are authorized to be appropriated to the Sec-
retary of Transportation for the activities of the Office
of Commercial Space Transportation—
(1) for fiscal year 1998, $5,800,000; and
(2) for fiscal year 1999, $5,800,000.
SEC. 107. OFFICE OF SPACE COMMERCE.
There are authorized to be appropriated to the Sec-
retary of Commerce for the activities of the Office of
Space Commerce established by section 303 of this Act—
(1) for fiscal year 1998, $500,000; and
(2) for fiscal year 1999, $500,000.
Subtitle B—Restructuring the Na-
tional Aeronautics and Space
Administration
SEC. 111. FINDINGS.
The Congress finds that—
(1) the restructuring of the National Aero-
nautics and Space Administration is essential to ac-
complishing the space missions of the United States
while simultaneously balancing the Federal budget;
(2) to restructure the National Aeronautics and
Space Administration rapidly without reducing mis-
sion content and safety requires objective financial
judgment; and
(3) a formal economic review of its missions
and the Federal assets that support them is required
in order to plan and implement needed restructuring
of the National Aeronautics and Space Administra-
tion.
SEC. 112. RESTRUCTURING REPORTS.
(a) IMPLEMENTATION REPORT.—The Administrator
shall transmit to Congress, no later than 90 days after
the date of the enactment of this Act, a report on its re-
structuring activities by fiscal year containing, at a mini-
mum, a description of all actions taken or planned to be
taken after July 31, 1995, and before October 1, 2002,
including contracts terminated or consolidated; reductions
in force; relocations of personnel and facilities; sales, clo-
sures, or mothballing of capital assets or facilities; and
net savings to be realized from such actions by fiscal year.
(b) PROPOSED LEGISLATION.—The President shall
propose to Congress, not later than 180 days after the
date of the enactment of this Act, all enabling legislation
required to carry out actions described by the Administra-
tor’s report under subsection (a).
Subtitle C—Limitations and
Special Authority
SEC. 121. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 101 (1) through (4), 102, and 103 (1) and (2),
and funds appropriated for research operations support
under section 103(4), may be used for the construction
of new facilities and additions to, repair of, rehabilitation
of, or modification of existing facilities at any location in
support of the purposes for which such funds are author-
ized.
(b) LIMITATION.—No funds may be expended pursu-
ant to subsection (a) for a project, the estimated cost of
which to the National Aeronautics and Space Administra-
tion, including collateral equipment, exceeds $500,000,
until 30 days have passed after the Administrator has no-
tified the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate of the nature, location,
and estimated cost to the National Aeronautics and Space
Administration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursu-
ant to subsection (a) for grants to institutions of higher
education, or to nonprofit organizations whose primary
purpose is the conduct of scientific research, for purchase
or construction of additional research facilities, title to
such facilities shall be vested in the United States unless
the Administrator determines that the national program
of aeronautical and space activities will best be served by
vesting title in the grantee institution or organization.
Each such grant shall be made under such conditions as
the Administrator shall determine to be required to ensure
that the United States will receive therefrom benefits ade-
quate to justify the making of that grant.
SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under subtitle A may remain avail-
able without fiscal year limitation.