Union Calendar No. 48
105TH CONGRESS
1ST SESSION
H. R. 1275
[Report No. 105–65]
A BILL
To authorize appropriations for the National Aero-
nautics and Space Administration for fiscal years
1998 and 1999, and for other purposes.
APRIL 21, 1997
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 48
105TH CONGRESS
1ST SESSION
H. R. 1275
[Report No. 105–65]
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
APRIL 21, 1997
Additional sponsors: Mr. BROWN of California, Mr. CRAMER, Mr. WELDON of
Florida, Mr. TRAFICANT, Mr. FOLEY, Ms. JACKSON-LEE of Texas, Mr.
PICKERING, Mr. CAPPS, Mr. LAMPSON, and Mr. BARTON of Texas
APRIL 21, 1997
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 10, 1997]
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 ‘‘Ci-
vilian 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.
Sec. 108. United States-Mexico Foundation for Science.
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.
Sec. 130. Space Station program responsibilities transfer limitation.
TITLE II—INTERNATIONAL SPACE STATION
Sec. 201. Findings.
Sec. 202. Commercialization of Space Station.
Sec. 203. Space Station accounting reports.
Sec. 204. Report on international hardware agreements.
Sec. 205. International Space Station limitations.
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 science 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 substantial
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. 320. National Oceanographic Partnership Program.
Sec. 321. National Science Foundation Antarctic Program.
Sec. 322. Buy American.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Admin-
istration should aggressively pursue actions and re-
forms directed at reducing institutional costs, includ-
ing management restructuring, facility consolidation,
procurement reform, personnel base downsizing, and
convergence with other defense and commercial sector
systems.
(2) The National Aeronautics and Space Admin-
istration must reverse its current trend toward becom-
ing an operational agency, and return to its proud
history as the Nation’s leader in basic scientific, air,
and space research.
(3) The United States is on the verge of creating
and using new technologies in microsatellites, infor-
mation 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 Fed-
eral Government’s requirements for routine, non-
emergency manned and unmanned space transpor-
tation can be met most effectively, efficiently, and eco-
nomically by a free and competitive market in pri-
vately developed and operated space transportation
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 including
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
United States commercial providers do not invest,
while avoiding competition with the activities in
which United States commercial providers do 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 mis-
sions the United States Government would
pursue unilaterally;
(ii) enables the United States to pursue
missions that it could not otherwise afford
to pursue unilaterally; or
(iii) enhances United States capabili-
ties to use and develop space for the benefit
of United States citizens; and
(B) when it does not—
(i) otherwise harm or interfere with the
ability of United States commercial provid-
ers 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 commercial providers to compete fa-
vorably with foreign entities in the commer-
cial space arena; or
(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 or-
ganized, and, if appropriate, in which it
principally conducts its business, affords re-
ciprocal treatment to companies described
in subparagraph (A) comparable to that af-
forded to such foreign company’s subsidiary
in the United States, as evidenced by—
(I) providing comparable oppor-
tunities for companies described in
subparagraph (A) to participate in
Government sponsored research and de-
velopment similar to that authorized
under this Act;
(II) providing no barriers to com-
panies described in subparagraph (A)
with respect to local investment oppor-
tunities that are not provided to for-
eign companies in the United States;
and
(III) providing adequate and ef-
fective protection for the intellectual
property rights of companies described
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)—
(i) shall only be for Space Station re-
search or for the purposes described in sec-
tion 102(2); and
(ii) shall be administered by the Office
of Life and Microgravity Sciences and Ap-
plications; and
(B) for fiscal year 1999, $2,109,200,000, of
which $496,200,000, notwithstanding section
121(a)—
(i) shall only be for Space Station re-
search or for the purposes described in sec-
tion 102(2); and
(ii) shall be administered by the Office
of Life and Microgravity Sciences and Ap-
plications.
(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, $247,400,000; 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 Gravity
Probe B;
(ii) $5,000,000 shall be for participa-
tion in Clementine 2 (Air Force Program
Element 0603401F ‘‘Advanced Spacecraft
Technology’’);
(iii) $3,400,000 shall be for the Near
Earth Object Survey;
(iv) $529,400,000 shall be for Mission
Operations and Data Analysis, of which
$150,000,000 shall be for 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) $3,400,000 shall be for the Near
Earth Object Survey;
(iii) $561,100,000 shall be for Mission
Operations and Data Analysis, of which
$184,400,000 shall be for 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, $234,200,000, of
which—
(i) $2,000,000 shall be for research and
early detection systems for breast and ovar-
ian 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 commercial
Earth science data purchases under section
308(a);
(ii) $8,000,000 shall be for continuing
operations of the Midcourse Space Experi-
ment spacecraft constructed for the Ballistic
Missile Defense Organization, except that
such funds may not be obligated unless the
Administrator receives independent valida-
tion of the scientific requirements for Mid-
course Space Experiment data; and
(iii) $10,000,000 shall be for the light-
ning mapper, except that such funds may
not be obligated unless the Administrator
receives independent validation of the sci-
entific requirements for lightning mapper
data; and
(B) for fiscal year 1999, $1,446,300,000, of
which—
(i) $50,000,000 shall be for commercial
Earth science data purchases under section
308(a); and
(ii) $10,000,000 shall be for the light-
ning mapper, except that such funds may
not be obligated unless the Administrator
receives independent validation of the sci-
entific requirements for lightning mapper
data.
(4) For Aeronautics and Space Transportation
Technology—
(A) for fiscal year 1998, $1,769,500,000, of
which—
(i) $915,100,000 shall be for Aero-
nautical Research and Technology, of which
not more than $35,700,000 shall be for High
Performance Computing and Communica-
tions;
(ii) $696,600,000 shall be for Advanced
Space Transportation Technology, includ-
ing—
(I) $333,500,000, which shall only
be for the X–33 advanced technology
demonstration vehicle program, includ-
ing $3,700,000 for rehabilitation and
modification of the B2 test stand, Sten-
nis 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 exper-
imental 
single-stage-to-orbit 
dem-
onstration vehicle, which will be a
complementary follow-on to the X–33,
and which uses design concepts dif-
ferent from, and technologies more ad-
vanced than, the design concepts and
technologies used for the X–33 pro-
gram; 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 Representatives
and the Committee on Commerce,
Science, and Transportation of the
Senate a written report including a
plan for the experimental vehicle pro-
gram and the projected costs thereof;
and
(iii) $157,800,000 shall be for Com-
mercial Technology, of which $10,000,000
shall be for business facilitators, selected by
a National Aeronautics and Space Admin-
istration Center with an existing State
partnership for the purpose of developing
business facilitators, from among candidates
who receive at least 40 percent State match-
ing funds and who obtain significant par-
ticipation from local community colleges;
and
(B) for fiscal year 1999, $1,816,400,000, of
which—
(i) $832,400,000 shall be for Aero-
nautical Research and Technology;
(ii) $818,600,000 shall be for Advanced
Space Transportation Technology, includ-
ing—
(I) $313,900,000, which shall only
be for the X–33 advanced technology
demonstration vehicle program;
(II) $425,000,000, which shall
only be for the procurement of an ex-
perimental vehicle described in sub-
paragraph (A)(ii)(II); and
(III) $40,770,000, which shall
only be for the Advanced Space Trans-
portation program; and
(iii) $165,400,000 shall be for Com-
mercial Technology, of which $10,000,000
shall be for business facilitators, selected by
a National Aeronautics and Space Admin-
istration Center with an existing State
partnership for the purpose of developing
business facilitators, from among candidates
who receive at least 40 percent State match-
ing funds and who obtain significant par-
ticipation from local community colleges.
(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, $102,200,000, of
which—
(i) $15,300,000 shall be for the Na-
tional Space Grant College and Fellowship
Program; and
(ii) $46,700,000 shall be for minority
university research and education, includ-
ing $31,300,000 for Historically Black Col-
leges and Universities; and
(B) for fiscal year 1999, $108,000,000, of
which $51,700,000 shall be for minority univer-
sity 
research 
and 
education, 
including
$33,800,000 for Historically Black Colleges and
Universities.
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 Cen-
ter, $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 Fa-
cility, Jet Propulsion Laboratory, $4,800,000.
(vi) Upgrade of Utility Annex Chilled
Water Plant, Kennedy Space Center, $5,900,000.
(vii) Rehabilitation of High-Voltage System,
Lewis Research Center, $9,400,000.
(viii) Modification of Chilled Water System,
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, in-
cluding 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 National
Aeronautics and Space Administration under this Act shall
not exceed—
(1) for fiscal year 1998, $13,881,800,000; and
(2) for fiscal year 1999, $13,925,800,000.
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, $6,000,000; and
(2) for fiscal year 1999, $6,000,000.
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.
SEC. 
108. 
UNITED 
STATES-MEXICO 
FOUNDATION 
FOR
SCIENCE.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for the Unit-
ed States-Mexico Foundation for Science—
(1) $1,000,000 for fiscal year 1998; and
(2) $1,000,000 for fiscal year 1999.
Subtitle B—Restructuring the Na-
tional Aeronautics and Space
Administration
SEC. 111. FINDINGS.
The Congress finds that—
(1) the restructuring of the National Aeronautics
and Space Administration is essential to accomplish-
ing the space missions of the United States while si-
multaneously 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 Administration.
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—
(1) describing its restructuring activities by fis-
cal year, including, 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 consolidated; reductions in force; relo-
cations of personnel and facilities; sales, closures, or
mothballing of capital assets or facilities; and net sav-
ings to be realized from such actions by fiscal year;
and
(2) describing the status of the implementation of
recommendations resulting from the Zero Base Re-
view, particularly with respect to the designation of
lead Centers and any increases and decreases in the
roles and responsibilities of all Centers.
(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 re-
quired to carry out actions described by the Administrator’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 fa-
cilities 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.—No funds may be expended pursuant
to subsection (a) for a project, the estimated cost of which
to the National Aeronautics and Space Administration, in-
cluding collateral equipment, exceeds $500,000, until 30
days have passed after the Administrator has notified the
Committee on Science of the House of Representatives 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 pursuant
to subsection (a) for grants to institutions of higher edu-
cation, or to nonprofit organizations whose primary pur-
pose 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 Ad-
ministrator determines that the national program of aero-
nautical 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 Adminis-
trator shall determine to be required to ensure that the
United States will receive therefrom benefits adequate 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 available
without fiscal year limitation.
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized for con-
struction of facilities under section 101(3)(A) (i) through
(iii), 102 (2)(A)(ii) and (4)(A)(ii)(I), or 103(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 Com-
mittee on Commerce, Science, and Transportation of
the Senate.
The aggregate amount authorized to be appropriated for
construction of facilities under sections 101(3)(A) (i)
through (iii), 102 (2)(A)(ii) and (4)(A)(ii)(I), and 103(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 action
until the enactment of the next National Aeronautics and
Space Administration authorization Act would be incon-
sistent 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 sections
101(3)(A) (i) through (iii), 102 (2)(A)(ii) and (4)(A)(ii)(I),
and 103(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 Representa-
tives a written report describing the nature of the construc-
tion, its costs, and the reasons therefor.
SEC. 124. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law—
(1) no amount appropriated to the National Aer-
onautics 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 Aer-
onautics and Space Administration may be used for
any program in excess of the amount actually author-
ized for the particular program under this title; and
(3) no amount appropriated to the National Aer-
onautics and Space Administration may be used for
any program which has not been presented to the
Congress in the President’s annual budget request 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 Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate of notice given by the Administrator
containing a full and complete statement of the action pro-
posed to be taken and the facts and circumstances relied
upon in support of such proposed action. The National Aer-
onautics and Space Administration shall keep the Commit-
tee on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate fully and currently informed with respect to all ac-
tivities and responsibilities within the jurisdiction of those
committees. Except as otherwise provided by law, any Fed-
eral department, agency, or independent establishment shall
furnish any information requested by either committee re-
lating to any such activity or responsibility.
SEC. 125. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—
(1) REQUIREMENT.—Not later than—
(A) 30 days after the later of the date of the
enactment of an Act making appropriations to
the National Aeronautics and Space Administra-
tion for fiscal year 1998 and the date of the en-
actment of this Act; and
(B) 30 days after the date of the enactment
of an Act making appropriations to the National
Aeronautics and Space Administration for fiscal
year 1999,
the Administrator shall submit a report to Congress
and to the Comptroller General.
(2) CONTENTS.—The reports required by para-
graph (1) shall specify—
(A) the portion of such appropriations
which are for programs, projects, or activities
not authorized under subtitle A of this title, or
which are in excess of amounts authorized for the
relevant program, project, or activity under this
Act; and
(B) the portion of such appropriations
which are authorized under this Act.
(b) FEDERAL REGISTER NOTICE.—The Administrator
shall, coincident with the submission of each 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 Act,
and solicit public comment thereon regarding the impact
of such programs, projects, or activities on the conduct and
effectiveness of the national aeronautics 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 1998 or 1999 not authorized
under this Act until 30 days have passed after the close
of the public comment period contained in a notice required
by subsection (b).
SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 102 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
SEC. 127. MISSION TO PLANET EARTH LIMITATION.
No funds appropriated pursuant to this Act shall be
used for Earth System Science Pathfinders for a fiscal year
unless the Administrator has certified to the Committee on
Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
that at least $50,000,000 are available for that fiscal year
for obligations by the Commercial Remote Sensing Program
at Stennis Space Center for commercial data purchases
under section 308(a). No funds appropriated pursuant to
section 102(3) shall—
(1) be transferred to any museum; or
(2) be used for the United States Man and the
Biosphere Program, or related projects.
SEC. 128. SPACE OPERATIONS.
No funds appropriated pursuant to this Act shall be
used for Phase Two of the Consolidated Space Operations
Contract until a period of 30 days has passed after the Ad-
ministrator has transmitted to the Committee on Science
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a written
report which—
(1) compares the cost-effectiveness of the single
cost-plus contract approach of the Consolidated Space
Operations Contract and a multiple fixed-price con-
tracts approach;
(2) analyzes the differences in the competition
generated through the bidding process used for the
Consolidated Space Operations Contract as opposed
to multiple fixed-price contracts; and
(3) describes how the Consolidated Space Oper-
ations Contract can be transformed into fixed-price
contracts, and whether the National Aeronautics and
Space Administration intends to make such a transi-
tion.
SEC. 129. INTERNATIONAL SPACE UNIVERSITY LIMITATION.
No funds appropriated pursuant to this Act shall be
used to pay the tuition or living expenses of any National
Aeronautics and Space Administration employee attending
the International Space University.
SEC. 130. SPACE STATION PROGRAM RESPONSIBILITIES
TRANSFER LIMITATION.
No funds appropriated pursuant to this Act shall be
used to transfer any Space Station program responsibilities
in effect at any National Aeronautics and Space Adminis-
tration Center as of October 1, 1996.
TITLE II—INTERNATIONAL
SPACE STATION
SEC. 201. 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 significant involvement by commercial
providers in marketing and using, competitively serv-
icing, and commercially augmenting the operational
capabilities of the International Space Station during
its assembly and operational phases will lower costs
and increase benefits to the international partners;
and
(3) when completed, the International Space
Station will be the largest, most capable microgravity
research facility ever developed. It will provide a last-
ing framework for conducting large-scale science pro-
grams with international partners and it is the next
step in the human exploration of space. The United
States should commit to completing this program,
thereby reaping the benefits of scientific research and
international cooperation.
SEC. 202. 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 Congress
further declares that free and competitive markets create the
most efficient conditions for promoting economic develop-
ment, and should therefore govern the economic development
of Earth orbital space. The Congress further declares that
the use of free market principles in operating, servicing,
allocating the use of, and adding capabilities to the Space
Station, and the resulting fullest possible engagement of
commercial providers and participation of commercial
users, will reduce Space Station operational costs for all
partners and the Federal Government’s share of the United
States burden to fund operations.
(b) REPORTS.—(1) The Administrator shall deliver to
the Committee on Science of the House of Representatives
and the Committee on Commerce, Science, and Transpor-
tation of the Senate, within 90 days after the date of the
enactment of this Act, a study that identifies and exam-
ines—
(A) the opportunities for commercial providers to
play a role in International Space Station activities,
including operation, use, servicing, and augmenta-
tion;
(B) the potential cost savings to be derived from
commercial providers playing a role in each of these
activities;
(C) which of the opportunities described in sub-
paragraph (A) the Administrator plans to make
available to commercial providers in fiscal year 1998
and 1999;
(D) the specific policies and initiatives the Ad-
ministrator is advancing to encourage and facilitate
these commercial opportunities; and
(E) the revenues and cost reimbursements to the
Federal Government from commercial users of the
Space Station.
(2) The Administrator shall deliver to the Committee
on Science of the House of Representatives and the Commit-
tee on Commerce, Science, and Transportation of the Sen-
ate, within 180 days after the date of the enactment of this
Act, an independently-conducted market study that exam-
ines and evaluates potential industry interest in providing
commercial goods and services for the operation, servicing,
and augmentation of the International Space Station, and
in the commercial use of the International Space Station.
This study shall also include updates to the cost savings
and revenue estimates made in the study described in para-
graph (1) based on the external market assessment.
(3) The Administrator shall deliver to the Congress,
no later than the submission of the President’s annual budg-
et request for fiscal year 1999, a report detailing how many
proposals (whether solicited or not) the National Aero-
nautics and Space Administration received during cal-
endar year 1997 regarding commercial operation, servicing,
utilization, or augmentation of the International Space
Station, broken down by each of these four categories, and
specifying how many agreements the National Aeronautics
and Space Administration has entered into in response to
these proposals, also broken down by these four categories.
SEC. 203. SPACE STATION ACCOUNTING REPORTS.
(a) INITIAL REPORT.—Not later than 90 days after the
date of the enactment of this Act, the Administrator shall
transmit to the Congress a report containing a description
of all Space Station-related agreements entered into by the
United States with a foreign entity after September 30,
1993, along with—
(1) a complete accounting of all costs to the
United States incurred during fiscal years 1994
through 1996 pursuant to each such agreement; and
(2) an estimate of future costs to the United
States pursuant to each such agreement.
(b) ANNUAL REPORTS.—Not later than 60 days after
the end of each fiscal year beginning with fiscal year 1997,
the Administrator shall transmit to the Congress a report
containing a description of all Space Station-related agree-
ments entered into by the United States with a foreign en-
tity during the preceding fiscal year, along with—
(1) a complete accounting of all costs to the
United States incurred during that fiscal year pursu-
ant to each such agreement; and
(2) an estimate of future costs to the United
States pursuant to each such agreement.
SEC. 204. REPORT ON INTERNATIONAL HARDWARE AGREE-
MENTS.
Not later than 90 days after the date of the enactment
of this Act, the Administrator shall transmit to the Commit-
tee on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report on—
(1) agreements that have been reached with for-
eign entities to transfer to a foreign entity the devel-
opment and manufacture of International Space Sta-
tion hardware baselined to be provided by the United
States; and
(2) the impact of those agreements on United
States operating costs and United States utilization
shares of the International Space Station.
At least 90 days before entering into any additional agree-
ments of the type described in paragraph (1), the Adminis-
trator shall report to the Committee on Science of the House
of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the nature of the
proposed agreement and the anticipated cost, schedule, com-
mercial, and utilization impacts of the proposed agreement.
SEC. 205. INTERNATIONAL SPACE STATION LIMITATIONS.
(a) TRANSFER OF FUNDS TO RUSSIA.—No funds or
in-kind payments shall be transferred to any entity of the
Russian Government or any Russian contractor to perform
work on the International Space Station which the Russian
Government pledged, at any time, to provide at its expense.
This section shall not apply to the purchase or modification
of the Russian built, United States owned Functional Cargo
Block, known as the ‘‘FGB’’.
(b) CONTINGENCY PLAN FOR RUSSIAN ELEMENTS IN
CRITICAL PATH.—The Administrator shall develop and de-
liver to Congress, within 30 days after the date of the enact-
ment of this Act, a contingency plan for the removal or
replacement of each Russian Government element of the
International Space Station that lies in the Station’s criti-
cal path. Such plan shall include—
(1) decision points for removing or replacing
those elements if the International Space Station is to
be completed by the end of the calendar year 2002;
(2) the cost of implementing each such decision;
and
(3) the cost of removing or replacing a Russian
Government critical path element after its decision
point has passed, if—
(A) the decision at that point was not to re-
move or replace the Russian Government ele-
ment; and
(B) the National Aeronautics and Space
Administration later determines that the Rus-
sian Government will be unable to provide the
critical path element in a manner to allow com-
pletion of the International Space Station by the
end of calendar year 2002.
(c) MONTHLY CERTIFICATION ON RUSSIAN STATUS.—
The Administrator shall certify to the Congress on the first
day of each month whether or not the Russians have per-
formed work expected of them and necessary to complete the
International Space Station by the end of calendar year
2002. Such certification shall also include a statement of
the Administrator’s judgment concerning Russia’s ability
to perform work anticipated and required to complete the
International Space Station by the end of 2002 before the
next certification under this subsection. Each certification
under this subsection shall include a judgment that the first
element launch will or will not take place by October 31,
1998.
(d) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—
The President shall provide to Congress a decision, by Au-
gust 1, 1997, on whether or not to proceed with permanent
replacement of the Service Module, and each other Russian
element in the critical path for completing the International
Space Station by the end of calendar year 2002. The Presi-
dent shall certify to Congress the reasons and justification
for the decision and the costs associated with the decision.
Such decision shall include a judgment that the first ele-
ment launch will or will not take place by October 31, 1998,
and that the stage of assembly complete will or will not
take place by December 31, 2002. If the President decides,
after August 1, 1997, to proceed with a permanent replace-
ment of the Service Module or any other Russian element
in the critical path, the President shall certify to Congress
the reasons and justification for the decision to proceed with
permanent replacement, and the costs associated with that
decision, including the cost difference between making such
decision by August 1, 1997, and any later date at which
it is made. Such certification shall include a description
of the costs of removing or replacing each critical path item,
and the schedule for completing the International Space
Station by the end of calendar year 2002.
(e) ASTRONAUTS ON MIR.—The National Aeronautics
and Space Administration shall not place another United
States astronaut on board the Mir Space Station, without
the Space Shuttle attached to Mir, until the Administrator
certifies to Congress that the Mir Space Station meets or
exceeds United States safety standards. Such certification
shall be based on an independent review of the safety of
the Mir Space Station.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) AMENDMENTS.—Chapter 701 of title 49, United
States Code, is amended—
(1) in the table of sections—
(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);
(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);
(C) by redesignating paragraphs (10)
through (12) as paragraphs (14) through (16),
respectively;
(D) by inserting after paragraph (9) the fol-
lowing 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-
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 re-
entries’’;
(B) by inserting ‘‘or reentry site, or to reen-
ter a reentry vehicle,’’ after ‘‘operate a launch
site’’ each place it appears in subsection (a);
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
(iii) by inserting ‘‘or reentering’’ after
‘‘related to launching’’; and
(E) in subsection (c)—
(i) by amending the subsection heading
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 ‘‘ob-
server 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—
(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 ‘‘operation
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 ‘‘en-
sure that a launch’’;
(ii) by inserting ‘‘, reentry site,’’ after
‘‘United States Government launch site’’;
(iii) by inserting ‘‘or reentry date com-
mitment’’ after ‘‘launch date commitment’’;
(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 ‘‘prevent
the launch’’ in subsection (a)(2); and
(B) by inserting ‘‘or reentry site, or reentry
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);
(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 ‘‘carried
out under the’’ in paragraphs (1) and (2) of sub-
section (b);
(E) by inserting ‘‘OR REENTRIES’’ after
‘‘LAUNCHES’’ in the heading for subsection (e);
and
(F) 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 reen-
ter 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 IM-
PORT.—A launch vehicle, reentry vehicle, or payload that
is launched or reentered is not, because of the launch 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, oper-
ation of a launch vehicle or reentry vehicle,
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, procedure,
service, or personnel that may be used in conducting li-
censed 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 accept-
ing or rejecting an application for a license under
this chapter within 60 days after receipt of such ap-
plication.’’; 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 issued
pursuant to section 70105(b)(2)(D) of title 49, United
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
(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 prepa-
ration 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 REEN-
TRIES’’; 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 Secretary shall
submit to the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science, and
Transportation of the Senate a written 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—
(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 pri-
vate 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
‘‘§ 70121. Report to Congress
‘‘The Secretary of Transportation shall submit to Con-
gress an annual report to accompany the President’s budget
request that—
‘‘(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 further
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. 302. 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 Na-
tional Aeronautics and Space Administration shall conduct
an independent cost analysis of such project and shall re-
port the results to Congress. In developing cost accounting
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 expertise out-
side of the National Aeronautics and Space Administration.
SEC. 303. OFFICE OF SPACE COMMERCE.
(a) ESTABLISHMENT.—There is established within the
Department of Commerce an Office of Space Commerce.
(b) FUNCTIONS.—The Office of Space Commerce shall
be the principal unit for the coordination of space-related
issues, programs, and initiatives within the Department of
Commerce. The Office’s primary responsibilities shall in-
clude—
(1) promoting commercial provider investment
in space activities by collecting, analyzing, and dis-
seminating information on space markets, and con-
ducting workshops and seminars to increase aware-
ness of commercial space opportunities;
(2) assisting United States commercial providers
in their efforts to do business with the United States
Government, and acting as an industry advocate
within the executive branch to ensure that the Federal
Government meets its space-related requirement, to
the fullest extent feasible, with commercially available
space goods and services;
(3) ensuring that the United States Government
does not compete with United States commercial pro-
viders in the provision of space hardware and services
otherwise available from United States commercial
providers;
(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 ne-
gotiations with foreign countries to ensure free and
fair trade internationally in the area of space com-
merce; and
(6) seeking the removal of legal, policy, and in-
stitutional impediments to space commerce.
SEC. 304. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Section
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), re-
spectively; and
(2) in subsection (g), as so redesignated by para-
graph (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 may, and 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 unrestricted public
disclosure of technical data in the possession of, or under
the control of, the Administration that has been generated
in the performance of experimental, developmental, or re-
search activities or programs funded jointly by the Admin-
istration and such private sector entity.
‘‘(2) Within 1 year after the date of the enactment of
the Civilian Space Authorization Act, Fiscal Years 1998
and 1999, 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 sub-
section;
‘‘(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 competi-
tiveness 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 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, manu-
facture, or operation of products or processes that may have
significant value in maintaining leadership or competitive-
ness in civil and governmental aeronautical and space ac-
tivities by the United States industrial base.’’.
SEC. 305. PROCUREMENT.
(a) PROCUREMENT DEMONSTRATION PROGRAM.—
(1) IN GENERAL.—The Administrator shall es-
tablish a program of expedited technology procure-
ment for the purpose of demonstrating how innovative
technology concepts can rapidly be brought to bear
upon space missions of the National Aeronautics and
Space Administration.
(2) PROCEDURES
AND
EVALUATION.—The Ad-
ministrator shall establish procedures for actively
seeking from persons outside the National Aeronautics
and Space Administration innovative technology con-
cepts, relating to the provision of space hardware,
technology, or service to the National Aeronautics and
Space Administration.
(3) SPECIAL AUTHORITY.—In order to carry out
this subsection the Administrator shall recruit and
hire for limited term appointments persons from out-
side the National Aeronautics and Space Administra-
tion with special expertise and experience related to
the innovative technology concepts with respect to
which procurements are made under this subsection.
(4) SUNSET.—This subsection shall cease to be
effective 10 years after the date of its enactment.
(b) TECHNOLOGY PROCUREMENT INITIATIVE.—
(1) IN GENERAL.—The Administrator shall co-
ordinate National Aeronautics and Space Adminis-
tration resources in the areas of procurement, com-
mercial programs, and advanced technology in order
to—
(A) fairly assess and procure commercially
available technology from the marketplace in the
most efficient manner practicable;
(B) achieve a continuous pattern of inte-
grating advanced technology from the commer-
cial sector, and from Federal sources outside the
National Aeronautics and Space Administration,
into the missions and programs of the National
Aeronautics and Space Administration;
(C) incorporate private sector buying and
bidding procedures, including fixed price con-
tracts, into procurements; and
(D) provide incentives for cost-plus contrac-
tors of the National Aeronautics and Space Ad-
ministration to integrate commercially available
technology in subsystem contracts on a fixed-
price basis.
(2) CERTIFICATION.—Upon solicitation of any
procurement for space hardware, technology, or serv-
ices that are not commercially available, the Adminis-
trator shall certify, by publication of a notice and op-
portunity to comment in the Commerce Business
Daily, for each such procurement action, that no
functional equivalent, commercially, available space
hardware, technology, or service exists and that no
commercial method of procurement is available.
SEC. 306. ACQUISITION OF SPACE SCIENCE DATA.
(a) ACQUISITION FROM COMMERCIAL PROVIDERS.—
The Administrator shall, to the maximum extent possible
and while satisfying the scientific requirements of the Na-
tional Aeronautics and Space Administration, acquire,
where cost effective, space science data from a commercial
provider.
(b) TREATMENT OF SPACE SCIENCE DATA AS COM-
MERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions
of space science data by the Administrator shall be carried
out in accordance with applicable acquisition laws and reg-
ulations (including chapters 137 and 140 of title 10, United
States Code), except that space science data shall be consid-
ered to be a commercial item for purposes of such laws and
regulations (including section 2306a of title 10, United
States Code (relating to cost or pricing data), section 2320
of such title (relating to rights in technical data) and sec-
tion 2321 of such title (relating to validation of proprietary
data restrictions)).
(c) DEFINITION.—For purposes of this section, the
term ‘‘space science data’’ includes scientific data concern-
ing the elemental and mineralogical resources of the moon
and the planets, Earth environmental data obtained
through remote sensing observations, and solar storm mon-
itoring.
(d) SAFETY STANDARDS.—Nothing in this section
shall be construed to prohibit the Federal Government from
requiring compliance with applicable safety standards.
(e) LIMITATION.—This section does not authorize the
National Aeronautics and Space Administration to provide
financial assistance for the development of commercial sys-
tems for the collection of space science data.
SEC. 307. COMMERCIAL SPACE GOODS AND SERVICES.
The National Aeronautics and Space Administration
shall purchase commercially available space goods and serv-
ices to the fullest extent feasible, and shall not conduct ac-
tivities that preclude or deter commercial space activities
except for reasons of national security or public safety. A
space good or service shall be deemed commercially avail-
able if it is offered by a United States commercial provider,
or if it could be supplied by a United States commercial
provider in response to a Government procurement request.
For purposes of this section, a purchase is feasible if it
meets mission requirements in a cost-effective manner.
SEC. 308. ACQUISITION OF EARTH SCIENCE DATA.
(a) ACQUISITION.—For purposes of meeting Govern-
ment goals for Mission to Planet Earth, the Administrator
shall, to the maximum extent possible and while satisfying
the scientific requirements of the National Aeronautics and
Space Administration, acquire, where cost-effective, space-
based and airborne Earth remote sensing data, services, dis-
tribution, and applications from a commercial provider.
(b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUI-
SITION LAWS.—Acquisitions by the Administrator of the
data, services, distribution, and applications referred to in
subsection (a) shall be carried out in accordance with appli-
cable acquisition laws and regulations (including chapters
137 and 140 of title 10, United States Code), except that
such data, services, distribution, and applications shall be
considered to be a commercial item for purposes of such
laws and regulations (including section 2306a of title 10,
United States Code (relating to cost or pricing data), sec-
tion 2320 of such title (relating to rights in technical data)
and section 2321 of such title (relating to validation of pro-
prietary data restrictions)).
(c) STUDY.—(1) The Administrator shall conduct a
study to determine the extent to which the baseline scientific
requirements of Mission to Planet Earth can be met by com-
mercial providers, and how the National Aeronautics and
Space Administration will meet such requirements which
cannot be met by commercial providers.
(2) The study conducted under this subsection shall—
(A) make recommendations to promote the avail-
ability of information from the National Aeronautics
and Space Administration to commercial providers to
enable commercial providers to better meet the base-
line scientific requirements of Mission to Planet
Earth;
(B) make recommendations to promote the dis-
semination to commercial providers of information on
advanced technology research and development per-
formed by or for the National Aeronautics and Space
Administration; and
(C) identify policy, regulatory, and legislative
barriers to the implementation of the recommenda-
tions made under this subsection.
(3) The results of the study conducted under this sub-
section shall be transmitted to the Congress within 6 months
after the date of the enactment of this Act.
(d) SAFETY STANDARDS.—Nothing in this section
shall be construed to prohibit the Federal Government from
requiring compliance with applicable safety standards.
(e) ADMINISTRATION AND EXECUTION.—This section
shall be carried out as part of the Commercial Remote Sens-
ing Program at the Stennis Space Center.
SEC. 309. EOSDIS REPORT.
Not later than 90 days after the date of the enactment
of this Act, the Administrator shall transmit to the Commit-
tee on Science of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report which contains—
(1) an analysis of the scientific capabilities,
costs, and schedule of the Earth Observing System
Data and Information System (EOSDIS);
(2) an identification and analysis of the threats
to the success of the EOSDIS Core System; and
(3) a plan and cost estimates for resolving the
threats identified under paragraph (2) to the
EOSDIS Core System before the launch of the Earth
Observing System satellite known as PM–1.
SEC. 310. SHUTTLE PRIVATIZATION.
(a) POLICY AND PREPARATION.—The Administrator
shall prepare for an orderly transition from the Federal op-
eration, or Federal management of contracted operation, of
space transportation systems to the Federal purchase of
commercial space transportation services for all non-
emergency launch requirements, including human, cargo,
and mixed payloads. In those preparations, the Adminis-
trator shall take into account the need for short-term econo-
mies, as well as the goal of restoring the National Aero-
nautics and Space Administration’s research focus and its
mandate to promote the fullest possible commercial use of
space. As part of those preparations, the Administrator
shall plan for the potential privatization of the Space Shut-
tle program. Such plan shall keep safety and cost effective-
ness as high priorities. Nothing in this section shall prohibit
the National Aeronautics and Space Administration from
studying, designing, developing, or funding upgrades or
modifications essential to the safe and economical operation
of the Space Shuttle fleet.
(b) FEASIBILITY STUDY.—The Administrator shall
conduct a study of the feasibility of implementing the rec-
ommendation of the Independent Shuttle Management Re-
view Team that the National Aeronautics and Space Ad-
ministration transition toward the privatization of the
Space Shuttle. The study shall identify, discuss, and, where
possible, present options for resolving, the major policy and
legal issues that must be addressed before the Space Shuttle
is privatized, including—
(1) whether the Federal Government or the Space
Shuttle contractor should own the Space Shuttle or-
biters and ground facilities;
(2) whether the Federal Government should in-
demnify the contractor for any third party liability
arising from Space Shuttle operations, and, if so,
under what terms and conditions;
(3) whether payloads other than National Aero-
nautics and Space Administration payloads should be
allowed to be launched on the Space Shuttle, how mis-
sions will be prioritized, and who will decide which
mission flies and when;
(4) whether commercial payloads should be al-
lowed to be launched on the Space Shuttle and wheth-
er any classes of payloads should be made ineligible
for launch consideration;
(5) whether National Aeronautics and Space Ad-
ministration and other Federal Government payloads
should have priority over non-Federal payloads in the
Space Shuttle launch assignments, and what policies
should be developed to prioritize among payloads gen-
erally;