[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1275 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H.R. 1275

  To authorize appropriations for the National Aeronautics and Space 
 Administration for fiscal years 1998 and 1999, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 1997

 Mr. Rohrabacher introduced the following bill; which was referred to 
                        the Committee on Science

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for the National Aeronautics and Space 
 Administration for fiscal years 1998 and 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Civilian Space 
Authorization Act, Fiscal Years 1998 and 1999''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

Sec. 101. Human space flight.
Sec. 102. Science, aeronautics, and technology.
Sec. 103. Mission support.
Sec. 104. Inspector General.
Sec. 105. Total authorization.
Sec. 106. Office of Commercial Space Transportation authorization.
Sec. 107. Office of Space Commerce.
     Subtitle B--Restructuring the National Aeronautics and Space 
                             Administration

Sec. 111. Findings.
Sec. 112. Restructuring reports.
             Subtitle C--Limitations and Special Authority

Sec. 121. Use of funds for construction.
Sec. 122. Availability of appropriated amounts.
Sec. 123. Reprogramming for construction of facilities.
Sec. 124. Consideration by committees.
Sec. 125. Limitation on obligation of unauthorized appropriations.
Sec. 126. Use of funds for scientific consultations or extraordinary 
                            expenses.
Sec. 127. Mission to Planet Earth limitation.
Sec. 128. Space operations.
Sec. 129. International Space University Limitation.
                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. Findings.
Sec. 202. Commercialization of Space Station.
Sec. 203. Space Station accounting report.
Sec. 204. Report on international hardware agreements.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Commercial space launch amendments.
Sec. 302. Requirement for independent cost analysis.
Sec. 303. Office of Space Commerce.
Sec. 304. National Aeronautics and Space Act of 1958 amendments.
Sec. 305. Procurement.
Sec. 306. Acquisition of space science data.
Sec. 307. Commercial space goods and services.
Sec. 308. Acquisition of earth remote sensing data.
Sec. 309. EOSDIS report.
Sec. 310. Shuttle privatization.
Sec. 311. Launch voucher demonstration program amendments.
Sec. 312. Use of abandoned and underutilized buildings, grounds, and 
                            facilities.
Sec. 313. Cost effectiveness calculations.
Sec. 314. Foreign contract limitation.
Sec. 315. Authority to reduce or suspend contract payments based on 
                            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. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The National Aeronautics and Space Administration 
        should aggressively pursue actions and reforms directed at 
        reducing institutional costs, including management 
        restructuring, facility consolidation, procurement reform, 
        personnel base downsizing, and convergence with other defense 
        and commercial sector systems.
            (2) The National Aeronautics and Space Administration must 
        reverse its current trend toward becoming 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, information processing, 
        and space launches that could radically alter the manner in 
        which the Federal Government approaches its space mission.
            (4) The overwhelming preponderance of the Federal 
        Government's requirements for routine, nonemergency manned and 
        unmanned space transportation can be met most effectively, 
        efficiently, and economically by a free and competitive market 
        in privately developed and operated space transportation 
        services.
            (5) In formulating a national space transportation 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 the United States 
        private sector does not invest, while avoiding competition with 
        the activities in which the United States private sector does 
        invest.
            (7) International cooperation in space exploration and 
        science activities serves the United States national interest--
                    (A) when it--
                            (i) reduces the cost of undertaking 
                        missions the United States Government would 
                        pursue unilaterally;
                            (ii) enables the United States to pursue 
                        missions that it could not otherwise afford to 
                        pursue unilaterally; or
                            (iii) enhances United States capabilities 
                        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 private sector firms 
                        to develop or explore space commercially;
                            (ii) interfere with the ability of Federal 
                        agencies to use space to complete their 
                        missions;
                            (iii) undermine the ability of United 
                        States private enterprise to compete favorably 
                        with foreign entities in the commercial space 
                        arena; or
                            (iv) transfer sensitive or commercially 
                        advantageous technologies or knowledge from the 
                        United States to other countries or foreign 
                        entities except as required by those countries 
                        or entities to make their contribution to a 
                        multilateral space project in partnership with 
                        the United States, or on a quid pro quo basis.
            (8) The National Aeronautics and Space Administration and 
        the Department of Defense can cooperate more effectively in 
        leveraging their mutual capabilities to conduct joint space 
        missions that improve United States space capabilities and 
        reduce the cost of conducting space missions.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration;
            (2) the term ``commercial provider'' means any person 
        providing space transportation services or other space-related 
        activities, primary control of which is held by persons other 
        than Federal, State, local, and foreign governments;
            (3) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a));
            (4) the term ``State'' means each of the several States of 
        the Union, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession of the United States; 
        and
            (5) the term ``United States commercial provider'' 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 
                        evidenced a substantial commitment to the 
                        United States market through--
                                    (I) investments in the United 
                                States in long-term research, 
                                development, and manufacturing 
                                (including the manufacture of major 
                                components and subassemblies); and
                                    (II) significant contributions to 
                                employment in the United States; and
                            (ii) the country or countries in which such 
                        foreign company is incorporated or organized, 
                        and, if appropriate, in which it principally 
                        conducts its business, affords reciprocal 
                        treatment to companies described in 
                        subparagraph (A) comparable to that afforded to 
                        such foreign company's subsidiary in the United 
                        States, as evidenced by--
                                    (I) providing comparable 
                                opportunities for companies described 
                                in subparagraph (A) to participate in 
                                Government sponsored research and 
                                development similar to that authorized 
                                under this Act;
                                    (II) providing no barriers to 
                                companies described in subparagraph (A) 
                                with respect to local investment 
                                opportunities that are not provided to 
                                foreign companies in the United States; 
                                and
                                    (III) providing adequate and 
                                effective 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 National Aeronautics 
and Space Administration for Human Space Flight the following amounts:
            (1) For the Space Station--
                    (A) for fiscal year 1998, $2,121,300,000, of which 
                $400,500,000, notwithstanding section 121(a), shall 
                only be for Space Station research or for the purposes 
                described in section 102(2); and
                    (B) for fiscal year 1999, $2,109,200,000, of which 
                $496,200,000, notwithstanding section 121(a), shall 
                only be for Space Station research or for the purposes 
                described in section 102(2).
            (2) For Space Shuttle Operations--
                    (A) for fiscal year 1998, $2,494,400,000; and
                    (B) for fiscal year 1999, $2,625,600,000.
            (3) For Space Shuttle Safety and Performance Upgrades--
                    (A) for fiscal year 1998, $483,400,000, including 
                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 Center, 
                        $2,800,000; and
                    (B) for fiscal year 1999, $392,900,000.
            (4) For Payload and Utilization Operations--
                    (A) for fiscal year 1998, $227,400,000; and
                    (B) for fiscal year 1999, $178,600,000.

SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    There are authorized to be appropriated to the National 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 participation 
                        in Clementine 2 (Air Force Program Element 
                        0603401F ``Advanced Spacecraft Technology'');
                            (iii) $3,000,000 shall be for the Near 
                        Earth Orbit Survey;
                            (iv) $529,400,000 shall be for Mission 
                        Operations and Data Analysis; and
                            (v) $5,000,000 shall be for the Solar B 
                        program; and
                    (B) for fiscal year 1999, $2,085,400,000, of 
                which--
                            (i) $5,000,000 shall be for participation 
                        in Clementine 2 (Air Force Program Element 
                        0603401F ``Advanced Spacecraft Technology'');
                            (ii) $3,000,000 shall be for the Near Earth 
                        Orbit Survey;
                            (iii) $561,100,000 shall be for Mission 
                        Operations and Data Analysis; and
                            (iv) $15,000,000 shall be for the Solar B 
                        program.
            (2) For Life and Microgravity Sciences and Applications--
                    (A) for fiscal year 1998, $214,200,000, of which--
                            (i) $2,000,000 shall be for research and 
                        early detection systems for breast and ovarian 
                        cancer and other women's health issues; and
                            (ii) $2,000,000, shall be for modifications 
                        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 
                        data purchases under section 308(a); and
                            (ii) $8,000,000 shall be for continuing 
                        operations of the Midcourse Space Experiment 
                        spacecraft constructed by the Applied Physics 
                        Laboratory of Johns Hopkins University,
                (reduced by $200,000,000 to reflect the use of prior 
                year balances); and
                    (B) for fiscal year 1999, $1,446,300,000, of which 
                $50,000,000 shall be for commercial data purchases 
                under section 308(a).
            (4) For Aeronautics and Space Transportation Technology--
                    (A) for fiscal year 1998, $1,769,500,000, of 
                which--
                            (i) $920,100,000 shall be for Aeronautical 
                        Research and Technology, of which not more than 
                        $35,700,000 shall be for High Performance 
                        Computing and Communications;
                            (ii) $696,600,000 shall be for Advanced 
                        Space Transportation, including--
                                    (I) $333,500,000, which shall only 
                                be for the X-33 advanced technology 
                                demonstration vehicle program, 
                                including $3,700,000 for rehabilitation 
                                and modification of the B2 test stand, 
                                Stennis Space Center;
                                    (II) $150,000,000, which shall only 
                                be for a program of focused technology 
                                demonstrations to support the 
                                competitive awarding of a contract to 
                                develop, build, and flight test an 
                                experimental single-stage-to-orbit 
                                demonstration vehicle using design 
                                concepts different from, and 
                                technologies more advanced than, the 
                                design concepts and technologies used 
                                for the X-33 program; and
                                    (III) $150,000,000, which shall 
                                only be for the procurement of an 
                                experimental vehicle described in 
                                subclause (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 program and the 
                                projected costs thereof; and
                            (iii) $152,800,000 shall be for Commercial 
                        Technology; and
                    (B) for fiscal year 1999, $1,816,400,000, of 
                which--
                            (i) $837,400,000 shall be for Aeronautical 
                        Research and Technology;
                            (ii) $818,600,000 shall be for Advanced 
                        Space Transportation, including--
                                    (I) $313,900,000, which shall only 
                                be for the X-33 advanced technology 
                                demonstration vehicle program; and
                                    (II) $450,000,000, which shall only 
                                be for the procurement of an 
                                experimental vehicle described in 
                                subparagraph (A)(ii)(II); and
                            (iii) $160,400,000 shall be for Commercial 
                        Technology.
            (5) For Mission Communication Services--
                    (A) for fiscal year 1998, $400,800,000; and
                    (B) for fiscal year 1999, $436,100,000.
            (6) For Academic Programs--
                    (A) for fiscal year 1998, $96,400,000, of which 
                $15,300,000 shall be for the National Space Grant 
                College and Fellowship Program; and
                    (B) for fiscal year 1999, $102,200,000.

SEC. 103. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Mission Support the following amounts:
            (1) For Safety, Reliability, and Quality Assurance--
                    (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 System, 
                Numerical Aerodynamic Simulation Facility, Ames 
                Research Center, $2,700,000.
                    (ii) Rehabilitation and Modification of Hangar and 
                Shop, Dryden Flight Research Center, $2,800,000.
                    (iii) Restoration of Chilled Water Distribution 
                System, Goddard Space Flight Center, $2,400,000.
                    (iv) Restoration of Space/Terrestrial Application 
                Facility, Goddard Space Flight Center, $4,600,000.
                    (v) Construction of Emergency Services Facility, 
                Jet Propulsion Laboratory, $4,800,000.
                    (vi) Upgrade of Utility Annex Chilled Water Plan, 
                Kennedy Space Center, $5,900,000.
                    (vii) Rehabilitation of High-Voltage 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 locations, 
                $1,100,000.
                    (xi) Facility planning and design, not otherwise 
                provided for, $19,000,000.
                    (xii) Environmental compliance and restoration, 
                $34,000,000.
            (B) For Construction of Facilities, including land 
        acquisition, for fiscal year 1999, $188,900,000.
            (4) For Research and Program Management, including 
        personnel and related costs, travel, and research 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 National 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, combined with the amount of prior year 
balances described in the matter after clause (ii) in section 
102(3)(A), shall not exceed--
            (1) for fiscal year 1998, $13,836,000,000; and
            (2) for fiscal year 1999, $13,920,000,000.

SEC. 106. OFFICE OF COMMERCIAL SPACE TRANSPORTATION AUTHORIZATION.

    There are authorized to be appropriated to the Secretary of 
Transportation for the activities of the Office of Commercial Space 
Transportation--
            (1) for fiscal year 1998, $5,800,000; and
            (2) for fiscal year 1999, $5,800,000.

SEC. 107. OFFICE OF SPACE COMMERCE.

    There are authorized to be appropriated to the Secretary of 
Commerce for the activities of the Office of Space Commerce established 
by section 303 of this Act--
            (1) for fiscal year 1998, $500,000; and
            (2) for fiscal year 1999, $500,000.

     Subtitle B--Restructuring the National Aeronautics and Space 
                             Administration

SEC. 111. FINDINGS.

    The Congress finds that--
            (1) the restructuring of the National Aeronautics and Space 
        Administration is essential to accomplishing 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 mission 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 on its restructuring activities by fiscal year 
containing, 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; relocations 
of personnel and facilities; sales, closures, or mothballing of capital 
assets or facilities; and net savings to be realized from such actions 
by fiscal year.
    (b) Proposed Legislation.--The President shall propose to Congress, 
not later than 180 days after the date of the enactment of this Act, 
all enabling legislation required to carry out actions described by the 
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 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.--No funds may be expended pursuant to subsection 
(a) for a project, the estimated cost of which to the National 
Aeronautics and Space Administration, including 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 education, or to nonprofit 
organizations whose primary purpose is the conduct of scientific 
research, for purchase or construction of additional research 
facilities, title to such facilities shall be vested in the United 
States unless the Administrator determines that the national program of 
aeronautical and space activities will best be served by vesting title 
in the grantee institution or organization. Each such grant shall be 
made under such conditions as the Administrator shall determine to be 
required to ensure that the United States will receive therefrom 
benefits adequate to justify the making of that grant.

SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

    To the extent provided in appropriations Acts, appropriations 
authorized under subtitle A may remain available without fiscal year 
limitation.

SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (a) In General.--Appropriations authorized for construction 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 Committee 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 determines 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 inconsistent 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 Representatives a written report describing the nature of the 
construction, its costs, and the reasons therefor.

SEC. 124. CONSIDERATION BY COMMITTEES.

    Notwithstanding any other provision of law--
            (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 title; 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 
        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 Transportation of the Senate of notice given 
by the Administrator containing a full and complete statement of the 
action proposed to be taken and the facts and circumstances relied upon 
in support of such proposed action. The National Aeronautics and Space 
Administration shall keep the Committee on Science of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate fully and currently informed with respect 
to all activities and responsibilities within the jurisdiction of those 
committees. Except as otherwise provided by law, any Federal 
department, agency, or independent establishment shall furnish any 
information requested by either committee relating 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 Administration for 
                fiscal year 1998 and the date of the enactment 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 paragraph (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 provision 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 Administrator.

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).

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 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 
which--
            (1) compares the cost-effectiveness of the single cost-plus 
        contract approach of the Consolidated Space Operations Contract 
        and a multiple fixed-price contracts 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 Operations 
        Contract can be transformed into fixed-price contracts, and 
        whether the National Aeronautics and Space Administration 
        intends to make such a transition.

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.

                 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 interest of the 
        United States;
            (2) the significant involvement by private ventures in 
        marketing and using, competitively servicing, 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 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 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 development, 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 Transportation of the Senate, within 90 days 
after the date of the enactment of this Act, a study that identifies 
and examines--
            (A) the opportunities for commercial ventures to play a 
        role in International Space Station activities, including 
        operation, use, servicing, and augmentation;
            (B) the potential cost savings to be derived from 
        commercial ventures playing a role in each of these activities;
            (C) which of the opportunities described in subparagraph 
        (A) the Administrator plans to make available to commercial 
        ventures in fiscal year 1998 and 1999;
            (D) the specific policies and initiatives the Administrator 
        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 Committee on Commerce, Science, 
and Transportation of the Senate, within 180 days after the date of the 
enactment of this Act, an independently-conducted market study 
that examines 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 paragraph (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 budget request for fiscal year 
1999, a report detailing how many proposals (whether solicited or not) 
the National Aeronautics and Space Administration received during 
calendar 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 REPORT.

    The Administrator shall transmit a report to the Congress each year 
containing a complete accounting of all costs to the United States of 
the space station, whether made in cash or other payments, including 
barter arrangements with foreign entities.

SEC. 204. REPORT ON INTERNATIONAL HARDWARE AGREEMENTS.

    Not later than 90 days after the date of the enactment of this Act, 
the Administrator shall transmit to the Committee on Science of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on--
            (1) agreements that have been reached with foreign entities 
        to transfer to a foreign entity the development and manufacture 
        of International Space Station 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 agreements of the 
type described in paragraph (1), the Administrator 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, commercial, 
and utilization impacts of the proposed agreement.

                  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 section 70104 
                to read as follows:

``70104. Restrictions on launches, operations, and reentries.'';
                    (B) by amending the item relating to section 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 section 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 ``launching'' 
                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 ``commercial 
                launch'' in subsection (b)(3);
                    (M) by striking ``launch'' after ``and transfer 
                commercial'' in subsection (b)(3); and
                    (N) by inserting ``and development of reentry 
                sites,'' after ``launch-site support facilities,'' in 
                subsection (b)(4);
            (3) in section 70102--
                    (A) by striking ``and any payload'' and inserting 
                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 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 paragraph 
                (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:
``Sec. 70104. Restrictions on launches, operations, and reentries'';
                    (B) by inserting ``or reentry site, or to reenter 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
                            (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 inserting 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--
                    (A) by amending the section designation and heading 
                to read as follows:
``Sec. 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 
                        reentry 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:
``Sec. 70109. Preemption of scheduled launches or reentries'';
                    (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 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 reentry'' 
                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 ``commercial 
                launch'' both places it appears in subsection (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 subsection 
                (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 subsection 
                (b);
                    (D) by inserting ``applicable'' after ``carried out 
                under the'' in paragraphs (1) and (2) of subsection 
                (b);
                    (E) by striking ``, Space, and Technology'' in 
                subsection (d)(1);
                    (F) by inserting ``or Reentries'' after 
                ``Launches'' in the heading for subsection (e); and
                    (G) by inserting ``or reentry site or a reentry'' 
                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 reenter a 
                reentry vehicle'' after ``operate a launch site'' in 
                subsection (a);
                    (B) by inserting ``or reentry'' after ``approval 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 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, operation 
                        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 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 subsection 
        (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 accepting 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 issued pursuant to section 
70105(b)(2)(D) of title 49, United States Code, as added by paragraph 
(1)(F) of this subsection.
    (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 
                preparation 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 Secretary shall submit to the Committee on 
Science of the House of Representatives 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 subparagraph 
        (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 following 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, reentry, 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:
``Sec. 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 licenses 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 government 
        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:
``Sec. 70121. Report to Congress
    ``The Secretary of Transportation shall submit to Congress 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 Commercial 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 ANALYSIS.

    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 conduct an independent cost analysis of such 
project and shall report 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 outside 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 include--
            (1) promoting private sector investment in space activities 
        by collecting, analyzing, and disseminating information on 
        space markets, and conducting workshops and seminars to 
        increase awareness 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 the private sector in the 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; and
            (6) seeking the removal of legal, policy, and institutional 
        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), 
        respectively; and
            (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 subsection:
    ``(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 
research activities or programs funded jointly by the Administration 
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 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 competitiveness 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 requirement 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 `technical data' 
means any recorded information, including computer software, that is or 
may be directly applicable to the design, engineering, development, 
production, manufacture, or operation of products or processes that may 
have significant value in maintaining leadership or competitiveness in 
civil and governmental aeronautical and space activities by the United 
States industrial base.''.

SEC. 305. PROCUREMENT.

    (a) Procurement Demonstration Program.--
            (1) In general.--The Administrator shall establish a 
        program of expedited technology procurement 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 Administrator shall 
        establish procedures for actively seeking from persons outside 
        the National Aeronautics and Space Administration innovative 
        technology concepts, 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 outside the National Aeronautics 
        and Space Administration 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 coordinate 
        National Aeronautics and Space Administration resources in the 
        areas of procurement, commercial 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 integrating 
                advanced technology from the commercial 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 contracts, into 
                procurements; and
                    (D) provide incentives for cost-plus contractors of 
                the National Aeronautics and Space Administration 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 services that are not 
        commercially available, the Administrator shall certify, by 
        publication of a notice and opportunity 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 Private Sector.--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 science data from the private 
sector.
    (b) Treatment of Space Science Data as Commercial Item Under 
Acquisition Laws.--Acquisitions of space science data by the 
Administrator shall be carried out in accordance with applicable 
acquisition laws and regulations (including chapters 137 and 140 of 
title 10, United States Code), except that space science data 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), section 2320 of such title 
(relating to rights in technical data) and section 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 concerning the elemental and 
mineralogical resources of the moon and the planets, Earth 
environmental data obtained through remote sensing observations, and 
solar storm monitoring.
    (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 systems 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 services to the fullest extent 
feasible, and shall not conduct activities 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 
available 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 REMOTE SENSING DATA.

    (a) Acquisition.--For purposes of meeting Government 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, distribution, and applications from the private sector.
    (b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, distribution, 
and applications referred to in subsection (a) shall be carried out in 
accordance with applicable 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), section 2320 of such title (relating to rights 
in technical data) and section 2321 of such title (relating to 
validation of proprietary 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 the private sector, and how the 
National Aeronautics and Space Administration will meet such 
requirements which cannot be met by the private sector.
    (2) The study conducted under this subsection shall--
            (A) make recommendations to promote the availability of 
        information from the National Aeronautics and Space 
        Administration to the private sector to enable the private 
        sector to better meet the baseline scientific requirements of 
        Mission to Planet Earth;
            (B) make recommendations to promote the dissemination to 
        the private sector of information on advanced technology 
        research and development performed by or for the National 
        Aeronautics and Space Administration; and
            (C) identify policy, regulatory, and legislative barriers 
        to the implementation of the recommendations made under this 
        subsection.
    (3) The results of the study conducted under this subsection 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 Sensing 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 Committee on Science of the 
House of Representatives and the Committee 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 operation, or Federal management of 
contracted operation, of space transportation systems to the Federal 
purchase of commercial space transportation services for all 
nonemergency launch requirements, including human, cargo, and mixed 
payloads. In those preparations, the Administrator shall take into 
account the need for short-term economies, as well as the goal of 
restoring the National Aeronautics 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 Shuttle program. Such plan 
shall keep safety and cost effectiveness 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 recommendation of the Independent 
Shuttle Management Review Team that the National Aeronautics and Space 
Administration 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 orbiters and ground 
        facilities;
            (2) whether the Federal Government should indemnify 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 Aeronautics and 
        Space Administration payloads should be allowed to be launched 
        on the Space Shuttle, how missions will be prioritized, and who 
        will decide which mission flies and when;
            (4) whether commercial payloads should be allowed to be 
        launched on the Space Shuttle and whether any classes of 
        payloads should be made ineligible for launch consideration;
            (5) whether National Aeronautics and Space Administration 
        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 generally;
            (6) whether the public interest requires that certain Space 
        Shuttle functions continue to be performed by the Federal 
        Government; and
            (7) how much cost savings, if any, will be generated by 
        privatization of the Space Shuttle.
    (c) Report to Congress.--Within 60 days after the date of the 
enactment of this Act, the National Aeronautics and Space 
Administration shall complete the study required under subsection (b) 
and shall submit a report on the study to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives.

SEC. 311. LAUNCH VOUCHER DEMONSTRATION PROGRAM AMENDMENTS.

    Section 504 of the National Aeronautics and Space Administration 
Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the Office of Commercial Programs 
                within''; and
                    (B) by striking ``Such program shall not be 
                effective after September 30, 1995.'';
            (2) by striking subsection (c); and
            (3) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 312. USE OF ABANDONED AND UNDERUTILIZED BUILDINGS, GROUNDS, AND 
              FACILITIES.

    (a) In General.--In meeting the needs of the National Aeronautics 
and Space Administration for additional facilities, the Administrator, 
whenever feasible, shall select abandoned and underutilized buildings, 
grounds, and facilities in depressed communities that can be converted 
to National Aeronautics and Space Administration facilities at a 
reasonable cost, as determined by the Administrator.
    (b) Definitions.--For purposes of this section, the term 
``depressed communities'' means rural and urban communities that are 
relatively depressed, in terms of age of housing, extent of poverty, 
growth of per capita income, extent of unemployment, job lag, or 
surplus labor.

SEC. 313. COST EFFECTIVENESS CALCULATIONS.

    In calculating the cost effectiveness of the cost of the National 
Aeronautics and Space Administration engaging in an activity as 
compared to the private sector, the comparison shall be made based only 
on the price the private sector provider will charge for such activity.

SEC. 314. FOREIGN CONTRACT LIMITATION.

    The National Aeronautics and Space Administration shall not enter 
into any agreement or contract with a foreign government that grants 
the foreign government the right to recover profit in the event that 
the agreement or contract is terminated.

SEC. 315. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS BASED ON 
              SUBSTANTIAL EVIDENCE OF FRAUD.

    Section 2307(h)(8) of title 10, United States Code, is amended by 
striking ``and (4)'' and inserting in lieu thereof ``(4), and (6)''.

SEC. 316. NEXT GENERATION INTERNET.

    None of the funds authorized by this Act, or any other Act enacted 
before the date of the enactment of this Act, may be used for the Next 
Generation Internet.

SEC. 317. LIMITATIONS.

    (a) Prohibition of Lobbying Activities.--None of the funds 
authorized by this Act and the amendments made by this Act shall be 
available for any activity whose purpose is to influence legislation 
pending before the Congress, except that this subsection shall not 
prevent officers or employees of the United States or of its 
departments or agencies from communicating to Members of Congress on 
the request of any Member or to Congress, through the proper channels, 
requests for legislation or appropriations which they deem necessary 
for the efficient conduct of the public business.
    (b) Limitation on Appropriations.--Notwithstanding any other 
provision of law, no sums are authorized to be appropriated for fiscal 
years 1998 and 1999 for the activities for which sums are authorized by 
this Act and the amendments made by this Act, unless such sums are 
specifically authorized to be appropriated by this Act or the 
amendments made by this Act.
    (c) Eligibility for Awards.--
            (1) In general.--The Administrator shall exclude from 
        consideration for grant agreements made by the National 
        Aeronautics and Space Administration after fiscal year 1997 any 
        person who received funds, other than those described in 
        paragraph (2), appropriated for a fiscal year after fiscal year 
        1997, under a grant agreement from any Federal funding source 
        for a project that was not subjected to a competitive, merit-
        based award process. Any exclusion from consideration pursuant 
        to this subsection shall be effective for a period of 5 years 
        after the person receives such Federal funds.
            (2) Exception.--Paragraph (1) shall not apply to the 
        receipt of Federal funds by a person due to the membership of 
        that person in a class specified by law for which assistance is 
        awarded to members of the class according to a formula provided 
        by law.
            (3) Definition.--For purposes of this subsection, the term 
        ``grant agreement'' means a legal instrument whose principal 
        purpose is to transfer a thing of value to the recipient to 
        carry out a public purpose of support or stimulation authorized 
        by a law of the United States, and does not include the 
        acquisition (by purchase, lease, or barter) of property or 
        services for the direct benefit or use of the United States 
        Government.

SEC. 318. NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized by this Act 
or the amendments made by this Act are subject to a reprogramming 
action that requires notice to be provided to the Appropriations 
Committees of the House of Representatives and the Senate, notice of 
such action shall concurrently be provided to the Committee on Science 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
    (b) Notice of Reorganization.--The Administrator shall provide 
notice to the Committees on Science and Appropriations of the House of 
Representatives, and the Committees on Commerce, Science, and 
Transportation and Appropriations of the Senate, not later than 15 days 
before any major reorganization of any program, project, or activity of 
the National Aeronautics and Space Administration.

SEC. 319. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 fast approaching, it is the sense of Congress 
that the National Aeronautics and Space Administration should--
            (1) give high priority to correcting all 2-digit date-
        related problems in its computer systems to ensure that those 
        systems continue to operate effectively in the year 2000 and 
        beyond;
            (2) assess immediately the extent of the risk to the 
        operations of the National Aeronautics and Space Administration 
        posed by the problems referred to in paragraph (1), and plan 
        and budget for achieving Year 2000 compliance for all of its 
        mission-critical systems; and
            (3) develop contingency plans for those systems that the 
        National Aeronautics and Space Administration is unable to 
        correct in time.
                                 <all>