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active duty for training, the institution shall grant the
member a military leave of absence from their education.
Persons on military leave of absence from their institution
shall be entitled, upon release from military duty, to be
restored to the educational status they had attained prior
to their being ordered to military duty without loss of aca-
demic credits earned, scholarships or grants awarded, or
tuition and other fees paid prior to the commencement of
the military duty. It shall be the duty of the institution
to refund tuition or fees paid or to credit the tuition and
fees to the next semester or term after the termination
of the educational military leave of absence at the option
of the student.
SEC. 128. SCIENCE STUDIES INSTITUTE.
(a) AMENDMENT.—Section 822 of the National De-
fense Authorization Act for Fiscal 1991 (42 U.S.C. 6686)
is amended—
(1) by striking ‘‘Critical Technologies Institute’’
in the section heading and in subsection (a), and in-
serting in lieu thereof ‘‘Science Studies Institute’’;
(2) in subsection (b) by striking ‘‘As deter-
mined by the chairman of the committee referred to
in subsection (c), the’’ and inserting in lieu thereof
‘‘The’’;
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(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c),
(d), (e), and (f), respectively;
(4) in subsection (c), as so redesignated by
paragraph (3) of this subsection—
(A) by inserting ‘‘science and’’ after ‘‘de-
velopments and trends in’’ in paragraph (1);
(B) by striking ‘‘with particular emphasis’’
in paragraph (1) and all that follows through
the end of such paragraph and inserting in lieu
thereof ‘‘and developing and maintaining rel-
evant informational and analytical tools.’’;
(C) by striking ‘‘to determine’’ and all that
follows through ‘‘technology policies’’ in para-
graph (2) and inserting in lieu thereof ‘‘with
particular attention to the scope and content of
the Federal science and technology research
and development portfolio as it affects inter-
agency and national issues’’;
(D) by amending paragraph (3) to read as
follows:
‘‘(3) Initiation of studies and analysis of alter-
natives available for ensuring the long-term strength
of the United States in the development and applica-
tion of science and technology, including appropriate
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roles for the Federal Government, State govern-
ments, private industry, and institutions of higher
education in the development and application of
science and technology.’’;
(E) by inserting ‘‘science and’’ after ‘‘Ex-
ecutive branch on’’ in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read
as follows:
‘‘(B) to the interagency committees and
panels of the Federal Government concerned
with science and technology.’’;
(5) in subsection (d), as so redesignated by
paragraph (3) of this subsection, by striking ‘‘sub-
section (d)’’ and inserting in lieu thereof ‘‘subsection
(c)’’; and
(6) by amending subsection (f), as so redesig-
nated by paragraph (3) of this subsection, to read
as follows:
‘‘(f) SPONSORSHIP.—The Director of the Office of
Science and Technology Policy shall be the sponsor of the
Institute.’’.
(b) CONFORMING USAGE.—All references in Federal
law or regulations to the Critical Technologies Institute
shall be considered to be references to the Science Studies
Institute.
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SEC. 129. EDUCATIONAL IMPACT.
(a) FINDINGS.—The Congress finds that—
(1) Federal research funds made available to
institutions of higher education often create incen-
tives for such institutions to emphasize research over
undergraduate teaching and to narrow the focus of
their graduate programs; and
(2) National Science Foundation funds for Re-
search and Related Activities should be spent in the
manner most likely to improve the quality of under-
graduate and graduate education in institutions of
higher education.
(b) EDUCATIONAL IMPACT.—(1) The impact that a
grant or cooperative agreement by the National Science
Foundation would have on undergraduate and graduate
education at an institution of higher education shall be
a factor in any decision whether to award such grant or
agreement to that institution.
(2) Paragraph (1) shall be effective with respect to
any grant or cooperative agreement awarded after Sep-
tember 30, 1997.
(c) REPORT.—The Director shall provide a plan for
the implementation of subsection (b) of this section, no
later than December 31, 1996, to the Committee on
Science of the House of Representatives and the Commit-
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tee on Commerce, Science, and Transportation and the
Committee on Labor and Human Resources of the Senate.
SEC. 130. DIVISIONS OF THE FOUNDATION.
(a) AMENDMENT.—Section 8 of the National Science
Foundation Act of 1950 (42 U.S.C. 1866) is amended by
inserting ‘‘The Director may appoint, in consultation with
the Board, not more than 6 Assistant Directors to assist
in managing the Divisions.’’ after ‘‘time to time deter-
mine.’’.
(b) REPORT.—By November 15, 1996, the Director
shall transmit to the Congress a report on the reorganiza-
tion of the National Science Foundation required as a re-
sult of the amendment made by subsection (a).
TITLE 
II—NATIONAL 
AERO-
NAUTICS AND SPACE ADMIN-
ISTRATION
Subtitle A—General Provisions
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘National Aeronautics
and Space Administration Authorization Act, Fiscal Year
1997’’.
SEC. 202. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Ad-
ministration should aggressively pursue actions and
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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) While institutional reforms, restructurings,
and downsizing hold the slim promise of reconciling
the disparity between projected needs of the Na-
tional Aeronautics and Space Administration with
funding levels requested by the Administration over
the next 4 years, such reforms provide no guarantee
against cancellation of missions or elimination of
centers in the event reform efforts fail to achieve
cost reduction targets.
(3) 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.
(4) Commercial space activity is in a delicate
state of growth. It has the potential to eclipse Fed-
eral space activity in its economic return to the Na-
tion, if it is not stifled.
(5) The United States is on the verge of creat-
ing and using new technologies in microsatellites, in-
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formation processing, and space launches that could
radically alter the manner in which the Government
approaches its space mission.
(6) 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 launch services.
(7) In formulating a national space transpor-
tation service policy, the National Aeronautics and
Space Administration should aggressively promote
the pursuit by the commercial sector of development
of advanced space transportation technologies in-
cluding reusable space vehicles, single-stage-to-orbit
vehicles, and human space systems.
(8) 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.
(9) International cooperation in space explo-
ration and science activities serves the United States
national interest—
(A) when it—
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(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
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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.
(10) 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.
(11) The Reusable Launch Vehicle program,
and the acquisition by the Federal Government of
the vehicle resulting from that program, are nec-
essary for the protection of essential security inter-
ests for purposes of interpreting the obligations of
the United States under the General Agreement on
Tariffs and Trade.
SEC. 203. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space
Administration;
(2) the term ‘‘cost threat’’ means a potential
change to the program baseline documented as a po-
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tential cost by the Space Station Program Office;
and
(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)).
Subtitle B—Authorization of
Appropriations
CHAPTER 1—AUTHORIZATIONS
SEC. 211. HUMAN SPACE FLIGHT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1997 for Human Space Flight the following amounts:
(1) For the Space Station, $1,840,200,000.
(2) 
For 
Space 
Shuttle 
Operations,
$2,514,900,000.
(3) For Space Shuttle Safety and Performance
Upgrades, $636,000,000, including for Construction
of Facilities relating to such programs—
(A) replacement of LC–39 Pad B Chillers
(KSC), $1,800,000;
(B) restoration of Pad B Fixed Support
Structure Elevator System (KSC), $1,500,000;
(C) rehabilitation of 480V Electrical Dis-
tribution System, Kennedy Space Center, Ex-
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ternal Tank Manufacturing Building (MAF),
$2,500,000; and
(D) restoration of High Pressure Indus-
trial Water Plant, Stennis Space Center,
$2,500,000.
(4) For Payload and Utilization Operations,
$271,800,000.
(5) For Russian Cooperation, $100,000,000.
SEC. 212. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1997 for Science, Aeronautics, and Technology the
following amounts:
(1) For Space Science, $2,107,400,000.
(2) For Life and Microgravity Sciences and Ap-
plications, 
$498,500,000, 
of 
which 
at 
least
$2,000,000 is reserved for research and early detec-
tion systems for breast and ovarian cancer and other
women’s health issues.
(3) 
For 
Mission 
to 
Planet 
Earth,
$1,028,400,000, of which $50,000,000 shall be for
commercial data purchases under section 259(a).
Funds authorized by this paragraph may not be ob-
ligated to duplicate private sector or other Federal
activities or to procure systems to provide data un-
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less the Administrator certifies to Congress that no
private sector entity, or Federal entity other than
the National Aeronautics and Space Administration,
can provide suitable data in a timely manner.
(4) 
For 
Space 
Access 
and 
Technology,
$711,000,000 of which—
(A) $324,700,000 are authorized for Ad-
vanced Space Transportation; and
(B) $10,000,000 shall be for continuing
the Launch Voucher Demonstration Program
authorized under section 504 of the National
Aeronautics and Space Administration Author-
ization Act, Fiscal Year 1993 (15 U.S.C.
5803).
(5) For Aeronautical Research and Technology,
$823,400,000, of which—
(A) $354,400,000 are authorized for Re-
search and Technology Base activities;
(B) $254,300,000 are authorized for High
Speed Research;
(C) $152,800,000 are authorized for Ad-
vanced Subsonic Technology;
(D) $23,300,000 are authorized for High-
Performance Computing and Communications;
and
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(E) $38,600,000 are authorized for Nu-
merical Aerodynamic Simulation.
(6) For Mission Communication Services,
$405,600,000.
(7) For Academic Programs, $92,500,000.
SEC. 213. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for fiscal
year 1997 for Mission Support the following amounts:
(1) For Safety, Reliability, and Quality Assur-
ance, $36,700,000.
(2) 
For 
Space 
Communication 
Services,
$276,250,000.
(3) For Construction of Facilities, including
land acquisition, $105,000,000, including the follow-
ing:
(A) Modernization of Electrical Distribu-
tion 
System, 
Ames 
Research 
Center,
$2,400,000.
(B) Modification of Aircraft Ramp and
Tow Way, Dryden Flight Research Center,
$3,000,000.
(C) Restoration of Hangar Building 4801,
Dryden Flight Research Center, $4,500,000.
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(D) Modernization of Secondary Electrical
Systems, 
Goddard 
Space 
Flight 
Center,
$1,500,000.
(E) Restoration of Chilled Water Distribu-
tion System, Goddard Space Flight Center,
$4,000,000.
(F) Modification of Refrigeration Systems,
Various Buildings, Jet Propulsion Laboratory,
$2,800,000.
(G) Rehabilitation of Utility Tunnel Struc-
ture and Systems, Johnson Space Center,
$4,400,000.
(H) Replacement of DX Units with
Central Chilled Water System, Logistics Facil-
ity, Kennedy Space Center, $1,800,000.
(I) Rehabilitation of Central Air Equip-
ment 
Building, 
Lewis 
Research 
Center,
$6,500,000.
(J) Modification of Chilled Water System,
Marshall Space Flight Center, $6,700,000.
(K) Rehabilitation of Condenser Water
System, 202/207 Complex (MAF), $2,100,000.
(L) Rehabilitation of Electrical Distribu-
tion System, White Sands Test Facility,
$2,600,000.
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(M) Minor Revitalization of Facilities at
Various Locations, not in excess of $1,500,000
per project, $19,600,000.
(N) Minor construction of new facilities
and additions to existing facilities at various lo-
cations, not in excess of $1,500,000 per project,
$3,400,000.
(O) Facility planning and design, not oth-
erwise provided for, $6,700,000.
(P) Environmental compliance and restora-
tion, $33,000,000.
(4) For Research and Program Management,
including personnel and related costs, travel, and re-
search operations support, $2,030,800,000, of which
$1,611,000,000 shall be for personnel and related
costs, 
$31,500,000 
shall 
be 
for 
travel, 
and
$388,300,000 shall be for research operations sup-
port.
SEC. 214. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General, $17,000,000 for fiscal year 1997.
SEC. 215. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this subtitle,
the total amount authorized to be appropriated to the Na-
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tional Aeronautics and Space Administration under this
title shall not exceed $13,495,500,000 for fiscal year
1997.
SEC. 216. 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, $5,770,000 for fis-
cal year 1997.
SEC. 217. 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 253 of this Act,
$500,000 for fiscal year 1997.
CHAPTER 2—RESTRUCTURING THE NA-
TIONAL AERONAUTICS AND SPACE AD-
MINISTRATION
SEC. 221. 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-
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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. 222. RESTRUCTURING REPORTS.
(a) IMPLEMENTATION REPORT.—The Administrator
shall transmit to Congress, no later than July 31, 1996,
a report on its restructuring activities by fiscal year con-
taining, at a minimum, a description of all actions taken
or planned to be taken after July 31, 1995, and before
October 1, 2002, including contracts terminated or con-
solidated; reductions in force; relocations of personnel and
facilities; sales, closures, or mothballing of capital assets
or facilities; and net savings to be realized from such ac-
tions by fiscal year.
(b) PROPOSED LEGISLATION.—The President shall
propose to Congress, not later than September 30, 1996,
all enabling legislation required to carry out actions de-
scribed by the Administrator’s report under subsection
(a).
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CHAPTER 3—LIMITATIONS AND SPECIAL
AUTHORITY
SEC. 231. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 211(1) through (5), 212, and 213(1) and (2), and
funds appropriated for research operations support under
section 213(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 authorized.
(b) LIMITATION.—None of the funds pursuant to
subsection (a) may be expended for a project, the esti-
mated cost of which to the National Aeronautics and
Space Administration, including collateral equipment, ex-
ceeds $500,000, until 30 days have passed after the Ad-
ministrator has notified the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate of the
nature, location, and estimated cost to the National Aero-
nautics 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
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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. 232. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under chapter 1 may remain available
without fiscal year limitation.
SEC. 233. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized under
any paragraph of section 211(6) or 213(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to
meet unusual cost variations, after the expiration of
15 days following a report on the circumstances of
such action by the Administrator to the Committee
on Science of the House of Representatives and the
Committee on Commerce, Science, and Transpor-
tation of the Senate.
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The aggregate amount authorized to be appropriated
under sections 211(6) and 213(3) shall not be increased
as a result of actions authorized under paragraphs (1) and
(2) of this subsection.
(b) SPECIAL RULE.—Where the Administrator deter-
mines that new developments in the national program of
aeronautical and space activities have occurred; and that
such developments require the use of additional funds for
the purposes of construction, expansion, or modification
of facilities at any location; and that deferral of such ac-
tion until the enactment of the next National Aeronautics
and Space Administration Authorization Act would be in-
consistent with the interest of the Nation in aeronautical
and space activities, the Administrator may use up to
$10,000,000 of the amounts authorized under section
211(6) or 213(3) for each fiscal year for such purposes.
No such funds may be obligated until a period of 30 days
has passed after the Administrator has transmitted to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science of the House
of Representatives a written report describing the nature
of the construction, its costs, and the reasons therefor.
SEC. 234. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law—
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(1) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program for which the President’s annual
budget request included a request for funding, but
for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program in excess of the amount actually
authorized for the particular program under this
subtitle; and
(3) no amount appropriated to the National
Aeronautics and Space Administration may be used
for any program which has not been presented to
the Congress in the President’s annual budget re-
quest or the supporting and ancillary documents
thereto,
unless a period of 30 days has passed after the receipt
by the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate of notice given by the Ad-
ministrator containing a full and complete statement of
the action proposed to be taken and the facts and cir-
cumstances relied upon in support of such proposed ac-
tion. The National Aeronautics and Space Administration
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shall keep the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate fully and currently in-
formed with respect to all activities and responsibilities
within the jurisdiction of those committees. Except as oth-
erwise provided by law, any Federal department, agency,
or independent establishment shall furnish any informa-
tion requested by either committee relating to any such
activity or responsibility.
SEC. 235. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—Not later than 30 days
after the later of the date of enactment of an Act making
appropriations to the National Aeronautics and Space Ad-
ministration for fiscal year 1997 and the date of enact-
ment of this Act, the Administrator shall submit a report
to Congress and to the Comptroller General which speci-
fies—
(1) the portion of such appropriations which are
for programs, projects, or activities not authorized
under chapter 1 of this subtitle, or which are in ex-
cess of amounts authorized for the relevant program,
project, or activity under this title; and
(2) the portion of such appropriations which are
authorized under this title.
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(b) FEDERAL REGISTER NOTICE.—The Adminis-
trator shall, coincident with the submission of the report
required by subsection (a), publish in the Federal Register
a notice of all programs, projects, or activities for which
funds are appropriated but which were not authorized
under this title, and solicit public comment thereon re-
garding the impact of such programs, projects, or activi-
ties on the conduct and effectiveness of the national aero-
nautics and space program.
(c) LIMITATION.—Notwithstanding any other provi-
sion of law, no funds may be obligated for any programs,
projects, or activities of the National Aeronautics and
Space Administration for fiscal year 1997 not authorized
under this title until 30 days have passed after the close
of the public comment period contained in the notice re-
quired in subsection (b).
SEC. 236. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 212 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
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Subtitle C—International Space
Station
SEC. 241. FINDINGS.
The Congress finds that—
(1) the development, assembly, and operation of
the International Space Station is in the national in-
terest of the United States;
(2) the National Aeronautics and Space Admin-
istration has restructured and redesigned the Inter-
national Space Station, consolidated contract re-
sponsibility, and achieved program management,
control, and stability;
(3) the significant involvement by private ven-
tures in marketing and using, competitively servic-
ing, and commercially augmenting the operational
capabilities of the International Space Station dur-
ing its assembly and operational phases will lower
costs and increase benefits to the international part-
ners;
(4) further rescoping or redesigns of the Inter-
national Space Station will lead to costly delays, in-
crease costs to its international partners, discourage
commercial involvement, and weaken the inter-
national space partnership necessary for future
space projects;
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(5) total program costs for development, assem-
bly, and initial operations have been identified and
capped to ensure financial discipline and maintain
program schedule milestones;
(6) in order to contain costs, mission planning
and engineering functions of the National Space
Transportation System (Space Shuttle) program
should be coordinated with the Space Station Pro-
gram Office;
(7) the International Space Station represents
an important component of an adequately funded
civil space program which balances human space
flight with science, aeronautics, and technology;
(8) the International Space Station should be
an inspiration to society, particularly our young peo-
ple, and should provide new and expanded opportu-
nities to meet important educational goals; and
(9) when completed, the International Space
Station will be the largest, most capable micro-
gravity research facility ever developed. It will pro-
vide a lasting framework for conducting large-scale
science programs with international partners and it
is the next step in the human exploration of space.
The United States should commit to completing this
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program, thereby reaping the benefits of scientific
research and international cooperation.
SEC. 242. COMMERCIALIZATION OF SPACE STATION.
(a) POLICY.—The Congress declares that a priority
goal of constructing the International Space Station is the
economic development of Earth orbital space. The Con-
gress further declares that the use of free market prin-
ciples in operating, allocating the use of, and adding capa-
bilities to the Space Station, and the resulting fullest pos-
sible engagement of commercial providers and participa-
tion of commercial users, will reduce Space Station oper-
ational costs for all partners and the Federal Govern-
ment’s share of the United States burden to fund oper-
ations.
(b) REPORT.—The Administrator shall deliver to the
Congress, within 60 days after the date of the enactment
of this Act, a market study that examines the role of com-
mercial ventures which could supply, use, service, or aug-
ment the International Space Station, the specific policies
and initiatives the Administrator is advancing to encour-
age these commercial opportunities, the cost savings to be
realized by the international partnership from applying
commercial approaches to cost-shared operations, and the
cost reimbursements to the United States Federal Govern-
ment from commercial users of the Space Station.
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SEC. 243. SENSE OF CONGRESS.
It is the sense of Congress that the ‘‘cost incentive
fee’’ single prime contract negotiated by the National Aer-
onautics and Space Administration for the International
Space Station, and the consolidation of programmatic and
financial accountability into a single Space Station Pro-
gram Office, are two examples of reforms for the reinven-
tion of all National Aeronautics and Space Administration
programs that should be applied as widely and as quickly
as possible throughout the Nation’s civil space program.
SEC. 244. SPACE STATION ACCOUNTING REPORT.
(a) ANNUAL REPORT TO THE CONGRESS.—The Ad-
ministrator shall transmit a report to the Congress each
year containing a complete accounting of all costs of the
space station, including cash and other payments to Rus-
sia.
(b) QUARTERLY REPORTS FROM RUSSIA.—The Ad-
ministrator shall obtain quarterly reports from the Rus-
sian Space Agency during the term of the contract be-
tween the Russian Space Agency and the National Aero-
nautics and Space Administration which fully account for
the disposition of funds paid or transferred by the Na-
tional Aeronautics and Space Administration to Russia,
including—
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(1) the amount of funds received from the Na-
tional Aeronautics and Space Administration and
the date of their receipt;
(2) the amount of funds converted from United
States currency by the Russian Space Agency, the
currency into which the funds have been converted,
and the dates and exchange rates of each such con-
version;
(3) the amount of non-United States currency,
and of United States currency, disbursed by the
Russian Space Agency to any contractor or sub-
contractor, the identity of such contractor or sub-
contractor, and the date on which the funds were
disbursed; and
(4) the balance of the funds provided by the
National Aeronautics and Space Administration
which have not been disbursed by the Russian Space
Agency as of the date of the report.
Subtitle D—Miscellaneous
Provisions
SEC. 251. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
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(A) by amending the item relating to sec-
tion 70104 to read as follows:
‘‘70104. Restrictions on launches, operations, and reentries.’’;
(B) by amending the item relating to sec-
tion 70108 to read as follows:
‘‘70108. Prohibition, suspension, and end of launches, operation of launch sites
and reentry sites, and reentries.’’;
and
(C) by amending the item relating to sec-
tion 70109 to read as follows:
‘‘70109. Preemption of scheduled launches or reentries.’’;
(2) in section 70101—
(A) by inserting ‘‘microgravity research,’’
after ‘‘information services,’’ in subsection
(a)(3);
(B) by inserting ‘‘, reentry,’’ after ‘‘launch-
ing’’ both places it appears in subsection (a)(4);
(C) by inserting ‘‘, reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (a)(5);
(D) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(6);
(E) by inserting ‘‘, reentries,’’ after
‘‘launches’’ both places it appears in subsection
(a)(7);
(F) by inserting ‘‘, reentry sites,’’ after
‘‘launch sites’’ in subsection (a)(8);
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(G) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(8);
(H) by inserting ‘‘reentry sites,’’ after
‘‘launch sites,’’ in subsection (a)(9);
(I) by inserting ‘‘and reentry site’’ after
‘‘launch site’’ in subsection (a)(9);
(J) by inserting ‘‘reentry vehicles,’’ after
‘‘launch vehicles’’ in subsection (b)(2);
(K) by striking ‘‘launch’’ in subsection
(b)(2)(A);
(L) by inserting ‘‘and reentry’’ after ‘‘com-
mercial launch’’ in subsection (b)(3);
(M) by striking ‘‘launch’’ after ‘‘and trans-
fer commercial’’ in subsection (b)(3); and
(N) by inserting ‘‘and development of re-
entry sites,’’ after ‘‘launch-site support facili-
ties,’’ in subsection (b)(4);
(3) in section 70102—
(A) by striking ‘‘and any payload’’ and in-
serting in lieu thereof ‘‘or reentry vehicle and
any payload from Earth’’ in paragraph (3);
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘means of a launch vehicle’’ in paragraph (8);
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(C) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(D) by inserting after paragraph (9) the
following new paragraphs:
‘‘(10) ‘reenter’ and ‘reentry’ mean to return or
attempt to return, purposefully, a reentry vehicle
and its payload, if any, from Earth orbit or from
outer space to Earth.
‘‘(11) ‘reentry services’ means—
‘‘(A) activities involved in the preparation
of a reentry vehicle and its payload, if any, for
reentry; and
‘‘(B) the conduct of a reentry.
‘‘(12) ‘reentry site’ means the location on Earth
to which a reentry vehicle is intended to return (as
defined in a license the Secretary issues or transfers
under this chapter).
‘‘(13) ‘reentry vehicle’ means a vehicle designed
to return from Earth orbit or outer space to Earth,
or a reusable launch vehicle designed to return from
outer space substantially intact.’’; and
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in para-
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graph (15), as so redesignated by subparagraph
(C) of this paragraph;
(4) in section 70103(b)—
(A) by inserting ‘‘AND REENTRIES’’ after
‘‘LAUNCHES’’ in the subsection heading;
(B) by inserting ‘‘and reentries’’ after
‘‘space launches’’ in paragraph (1); and
(C) by inserting ‘‘and reentry’’ after
‘‘space launch’’ in paragraph (2);
(5) in section 70104—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70104. Restrictions on launches, operations, and
reentries’’;
(B) by inserting ‘‘or reentry site, or to re-
enter a reentry vehicle,’’ after ‘‘operate a
launch site’’ each place it appears in subsection
(a);
(C) by inserting ‘‘or reentry’’ after ‘‘launch
or operation’’ in subsection (a) (3) and (4);
(D) in subsection (b)—
(i) by striking ‘‘launch license’’ and
inserting in lieu thereof ‘‘license’’;
(ii) by inserting ‘‘or reenter’’ after
‘‘may launch’’; and
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(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection head-
ing to read as follows: ‘‘PREVENTING
LAUNCHES AND REENTRIES.—’’;
(ii) by inserting ‘‘or reentry’’ after
‘‘prevent the launch’’; and
(iii) by inserting ‘‘or reentry’’ after
‘‘decides the launch’’;
(6) in section 70105—
(A) by inserting ‘‘or a reentry site, or the
reentry of a reentry vehicle,’’ after ‘‘operation
of a launch site’’ in subsection (b)(1); and
(B) by striking ‘‘or operation’’ and insert-
ing in lieu thereof ‘‘, operation, or reentry’’ in
subsection (b)(2)(A);
(7) in section 70106(a)—
(A) by inserting ‘‘or reentry site’’ after
‘‘observer at a launch site’’;
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘assemble a launch vehicle’’; and
(C) by inserting ‘‘or reentry vehicle’’ after
‘‘with a launch vehicle’’;
(8) in section 70108—
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(A) by amending the section designation
and heading to read as follows:
‘‘§ 70108. 
Prohibition, 
suspension, 
and 
end 
of
launches, operation of launch sites and
reentry sites, and reentries’’;
and
(B) in subsection (a)—
(i) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘oper-
ation of a launch site’’; and
(ii) by inserting ‘‘or reentry’’ after
‘‘launch or operation’’;
(9) in section 70109—
(A) by amending the section designation
and heading to read as follows:
‘‘§ 70109. Preemption of scheduled launches or reen-
tries’’;
(B) in subsection (a)—
(i) by inserting ‘‘or reentry’’ after
‘‘ensure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date
commitment’’ after ‘‘launch date commit-
ment’’;
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(iv) by inserting ‘‘or reentry’’ after
‘‘obtained for a launch’’;
(v) by inserting ‘‘, reentry site,’’ after
‘‘access to a launch site’’;
(vi) by inserting ‘‘, or services related
to a reentry,’’ after ‘‘amount for launch
services’’; and
(vii) by inserting ‘‘or reentry’’ after
‘‘the scheduled launch’’; and
(C) in subsection (c), by inserting ‘‘or re-
entry’’ after ‘‘prompt launching’’;
(10) in section 70110—
(A) by inserting ‘‘or reentry’’ after ‘‘pre-
vent the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or re-
entry of a reentry vehicle,’’ after ‘‘operation of
a launch site’’ in subsection (a)(3)(B);
(11) in section 70111—
(A) by inserting ‘‘or reentry’’ after
‘‘launch’’ in subsection (a)(1)(A);
(B) by inserting ‘‘and reentry services’’
after ‘‘launch services’’ in subsection (a)(1)(B);
(C) by inserting ‘‘or reentry services’’ after
‘‘or launch services’’ in subsection (a)(2);
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(D) by inserting ‘‘or reentry’’ after ‘‘com-
mercial launch’’ both places it appears in sub-
section (b)(1);
(E) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (b)(2)(C);
(F) by striking ‘‘or its payload for launch’’
in subsection (d) and inserting in lieu thereof
‘‘or reentry vehicle, or the payload of either, for
launch or reentry’’; and
(G) by inserting ‘‘, reentry vehicle,’’ after
‘‘manufacturer of the launch vehicle’’ in sub-
section (d);
(12) in section 70112—
(A) by inserting ‘‘or reentry’’ after ‘‘one
launch’’ in subsection (a)(3);
(B) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ in subsection (a)(4);
(C) by inserting ‘‘or reentry services’’ after
‘‘launch services’’ each place it appears in sub-
section (b);
(D) by inserting ‘‘applicable’’ after ‘‘car-
ried out under the’’ in paragraphs (1) and (2)
of subsection (b);
(E) by striking ‘‘, Space, and Technology’’
in subsection (d)(1);
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(F) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(G) by inserting ‘‘or reentry site or a re-
entry’’ after ‘‘launch site’’ in subsection (e);
(13) in section 70113 (a)(1) and (d) (1) and
(2), by inserting ‘‘or reentry’’ after ‘‘one launch’’
each place it appears;
(14) in section 70115(b)(1)(D)(i)—
(A) by inserting ‘‘reentry site,’’ after
‘‘launch site,’’; and
(B) by inserting ‘‘or reentry vehicle’’ after
‘‘launch vehicle’’ both places it appears; and
(15) in section 70117—
(A) by inserting ‘‘or reentry site, or to re-
enter a reentry vehicle’’ after ‘‘operate a launch
site’’ in subsection (a);
(B) by inserting ‘‘or reentry’’ after ‘‘ap-
proval of a space launch’’ in subsection (d);
(C) by amending subsection (f) to read as
follows:
‘‘(f) LAUNCH NOT AN EXPORT; REENTRY NOT AN
IMPORT.—A launch vehicle, reentry vehicle, or payload
that is launched or reentered is not, because of the launch
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or reentry, an export or import, respectively, for purposes
of a law controlling exports or imports.’’; and
(D) in subsection (g)—
(i) by striking ‘‘operation of a launch
vehicle or launch site,’’ in paragraph (1)
and inserting in lieu thereof ‘‘reentry, op-
eration of a launch vehicle or reentry vehi-
cle, or operation of a launch site or reentry
site,’’; and
(ii) by inserting ‘‘reentry,’’ after
‘‘launch,’’ in paragraph (2).
(b) ADDITIONAL AMENDMENTS.—(1) Section 70105
of title 49, United States Code, is amended—
(A) by inserting ‘‘(1)’’ before ‘‘A person may
apply’’ in subsection (a);
(B) by striking ‘‘receiving an application’’ both
places it appears in subsection (a) and inserting in
lieu thereof ‘‘accepting an application in accordance
with criteria established pursuant to subsection
(b)(2)(D)’’;
(C) by adding at the end of subsection (a) the
following new paragraph:
‘‘(2) In carrying out paragraph (1), the Secretary
may establish procedures for certification of the safety of
a launch vehicle, reentry vehicle, or safety system, proce-
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dure, service, or personnel that may be used in conducting
licensed commercial space launch or reentry activities.’’;
(D) by striking ‘‘and’’ at the end of subsection
(b)(2)(B);
(E) by striking the period at the end of sub-
section (b)(2)(C) and inserting in lieu thereof
‘‘; and’’;
(F) by adding at the end of subsection (b)(2)
the following new subparagraph:
‘‘(D) regulations establishing criteria for ac-
cepting or rejecting an application for a license
under this chapter within 60 days after receipt of
such application.’’; and
(G) by inserting ‘‘, or the requirement to obtain
a license,’’ after ‘‘waive a requirement’’ in subsection
(b)(3).
(2) The amendment made by paragraph (1)(B) shall
take effect upon the effective date of final regulations is-
sued pursuant to section 70105(b)(2)(D) of title 49, Unit-
ed States Code, as added by paragraph (1)(F) of this sub-
section.
(3) Section 70102(5) of title 49, United States Code,
is amended—
(A) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively; and
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(B) by inserting before subparagraph (B), as so
redesignated by subparagraph (A) of this paragraph,
the following new subparagraph:
‘‘(A) activities directly related to the prep-
aration of a launch site or payload facility for
one or more launches;’’.
(4) Section 70103(b) of title 49, United States Code,
is amended—
(A) in the subsection heading, as amended by
subsection (a)(4)(A) of this section, by inserting
‘‘AND STATE SPONSORED SPACEPORTS’’ after ‘‘AND
REENTRIES’’; and
(B) in paragraph (1), by inserting ‘‘and State
sponsored spaceports’’ after ‘‘private sector’’.
(5) Section 70105(a)(1) of title 49, United States
Code, as amended by subsection (b)(1) of this section, is
amended by inserting at the end the following: ‘‘The Sec-
retary shall submit to the Committee on Science of the
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a writ-
ten notice not later than 7 days after any occurrence when
a license is not issued within the deadline established by
this subsection.’’.
(6) Section 70111 of title 49, United States Code,
is amended—
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(A) in subsection (a)(1), by inserting after sub-
paragraph (B) the following:
‘‘The Secretary shall establish criteria and procedures for
determining the priority of competing requests from the
private sector and State governments for property and
services under this section.’’;
(B) by striking ‘‘actual costs’’ in subsection
(b)(1) and inserting in lieu thereof ‘‘additive costs
only’’; and
(C) by inserting after subsection (b)(2) the fol-
lowing new paragraph:
‘‘(3) The Secretary shall ensure the establishment of
uniform guidelines for, and consistent implementation of,
this section by all Federal agencies.’’.
(7) Section 70112 of title 49, United States Code,
is amended—
(A) in subsection (a)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1) When a’’;
(B) in subsection (b)(1), by inserting ‘‘launch,
reentry, or site operator’’ after ‘‘(1)A’’; and
(C) in subsection (f), by inserting ‘‘launch, re-
entry, or site operator’’ after ‘‘carried out under a’’.
(c) REGULATIONS.—(1) Chapter 701 of title 49,
United States Code, is amended by adding at the end the
following new section:
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‘‘§ 70120. Regulations
‘‘The Secretary of Transportation, within 6 months
after the date of the enactment of this section, shall issue
regulations to carry out this chapter that include—
‘‘(1) guidelines for industry to obtain sufficient
insurance coverage for potential damages to third
parties;
‘‘(2) procedures for requesting and obtaining li-
censes to operate a commercial launch vehicle and
reentry vehicle;
‘‘(3) procedures for requesting and obtaining
operator licenses for launch and reentry; and
‘‘(4) procedures for the application of govern-
ment indemnification.’’.
(2) The table of sections for such chapter 701 is
amended by adding after the item relating to section
70119 the following new item:
‘‘70120. Regulations.’’.
(d) REPORT TO CONGRESS.—(1) Chapter 701 of title
49, United States Code, is further amended by adding at
the end the following new section:
‘‘§ 70121. Report to Congress
‘‘The Secretary of Transportation shall submit to
Congress an annual report to accompany the President’s
budget request that—
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‘‘(1) describes all activities undertaken under
this chapter, including a description of the process
for the application for and approval of licenses under
this chapter and recommendations for legislation
that may further commercial launches and reentries;
and
‘‘(2) reviews the performance of the regulatory
activities and the effectiveness of the Office of Com-
mercial Space Transportation.’’.
(2) The table of sections for such chapter 701 is fur-
ther amended by adding after the item relating to section
70120, as added by subsection (c)(2) of this section, the
following new item:
‘‘70121. Report to Congress.’’.
SEC. 252. REQUIREMENT FOR INDEPENDENT COST ANALY-
SIS.
Before any funds may be obligated for Phase C of
a project that is projected to cost more than $75,000,000
in total project costs, the Chief Financial Officer for the
National Aeronautics and Space Administration shall con-
duct an independent cost analysis of such project and shall
report the results to Congress. In developing cost account-
ing and reporting standards for carrying out this section,
the Chief Financial Officer shall, to the extent practicable
and consistent with other laws, solicit the advice of exper-
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tise outside of the National Aeronautics and Space Admin-
istration.
SEC. 253. OFFICE OF SPACE COMMERCE.
(a) ESTABLISHMENT.—There is established within
the Department of Commerce an Office of Space Com-
merce.
(b) FUNCTIONS.—The Office of Space Commerce
shall be the principal unit for the coordination of space-
related issues, programs, and initiatives within the De-
partment of Commerce. The Office’s primary responsibil-
ities shall include—
(1) promoting private sector investment in
space activities by collecting, analyzing, and dissemi-
nating information on space markets, and conduct-
ing workshops and seminars to increase awareness
of commercial space opportunities;
(2) assisting United States commercial provid-
ers in their efforts to do business with the United
States Government, and acting as an industry advo-
cate within the executive branch to ensure that the
Federal Government meets its space-related require-
ment, to the fullest extent feasible, with commer-
cially available space goods and services;
(3) ensuring that the United States Govern-
ment does not compete with the private sector in the
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provision of space hardware and services otherwise
available from the private sector;
(4) promoting the export of space-related goods
and services;
(5) representing the Department of Commerce
in the development of United States policies and in
negotiations with foreign countries to ensure free
and fair trade internationally in the area of space
commerce;
(6) seeking the removal of legal, policy, and in-
stitutional impediments to space commerce; and
(7) licensing private sector parties to operate
private remote sensing space systems and supporting
the private sector’s role in the commercial develop-
ment of Landsat remote sensing data distribution.
SEC. 254. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Sec-
tion 102 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2451) is amended—
(1) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively; and
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(2) in subsection (g), as so redesignated by
paragraph (1) of this subsection, by striking ‘‘(f),
and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.
(b) REPORTS TO THE CONGRESS.—Section 206(a) of
the National Aeronautics and Space Act of 1958 (42
U.S.C. 2476(a)) is amended—
(1) by striking ‘‘January’’ and inserting in lieu
thereof ‘‘May’’; and
(2) by striking ‘‘calendar’’ and inserting in lieu
thereof ‘‘fiscal’’.
(c) DISCLOSURE OF TECHNICAL DATA.—Section 303
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended—
(1) in subsection (a)(C), by inserting ‘‘or (c)’’
after ‘‘subsection (b)’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c)(1) The Administrator, at his discretion or at the
request of a private sector entity, shall delay for a period
of at least one day, but not to exceed 5 years, the unre-
stricted public disclosure of technical data in the posses-
sion of, or under the control of, the Administration that
has been generated in the performance of experimental,
developmental, or research activities or programs funded
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jointly by the Administration and such private sector en-
tity.
‘‘(2) Within 1 year after the date of the enactment
of the National Aeronautics and Space Administration Au-
thorization Act, Fiscal Year 1997, the Administrator shall
issue regulations to carry out this subsection. Paragraph
(1) shall not take effect until such regulations are issued.
‘‘(3) Regulations issued pursuant to paragraph (2)
shall include—
‘‘(A) guidelines for a determination of whether
data is technical data within the meaning of this
subsection;
‘‘(B) provisions to ensure that technical data is
available for dissemination within the United States
to United States persons and entities in furtherance
of the objective of maintaining leadership or com-
petitiveness in civil and governmental aeronautical
and space activities by the United States industrial
base; and
‘‘(C) a specification of the period or periods for
which the delay in unrestricted public disclosure of
technical data is to apply to various categories of
such data, and the restrictions on disclosure of such
data during such period or periods, including a re-
quirement that the maximum 5-year protection
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under this subsection shall not be provided unless at
least 50 percent of the funding for the activities or
programs is provided by the private sector.
‘‘(4) The Administrator shall annually report to the
Congress all determinations made under paragraph (1).
‘‘(5) For purposes of this subsection, the term ‘tech-
nical data’ means any recorded information, including
computer software, that is or may be directly applicable
to the design, engineering, development, production, man-
ufacture, or operation of products or processes that may
have significant value in maintaining leadership or com-
petitiveness in civil and governmental aeronautical and
space activities by the United States industrial base.’’.
SEC. 255. PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish within the Office of Space Access and Tech-
nology a program of expedited technology procure-
ment for the purpose of demonstrating how innova-
tive technology concepts can rapidly be brought to
bear upon space missions of the National Aero-
nautics and Space Administration.
(2) PROCEDURES AND EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from persons outside the National Aero-