[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1250 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1250

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 1997

 Mr. Frist (for himself, Mr. Rockefeller, Mr. Burns, and Mr. Stevens) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 ``National 
Aeronautics and Space Administration Authorization Act for 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.
             Subtitle B--Limitations and Special Authority

Sec. 111. Use of funds for construction.
Sec. 112. Availability of appropriated amounts.
Sec. 113. Reprogramming for construction of facilities.
Sec. 114. Consideration by committees.
Sec. 115. Use of funds for scientific consultations or extraordinary 
                            expenses.
Sec. 116. Experimental Program to Stimulate Competitive Research.
                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. Findings.
Sec. 202. Commercialization of Space Station.
Sec. 203. International Space Station limitations.
Sec. 204. National Research Council study.
Sec. 205. Limitation on the International Space Station budget.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. National Aeronautics and Space Act of 1958 amendments.
Sec. 302. Acquisition of space science data.
Sec. 303. Acquisition of Earth science data.
Sec. 304. Shuttle privatization.
Sec. 305. Launch voucher demonstration program amendments.
Sec. 306. Use of existing facilities.
Sec. 307. Authority to reduce or suspend contract payments based on 
                            substantial evidence of fraud.
Sec. 308. Next Generation Internet.
Sec. 309. Notice.
Sec. 310. Sense of Congress on the year 2000 problem.
Sec. 311. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 312. Enhancement of science and mathematics programs.
Sec. 313. Authority to vest title.
Sec. 314. NASA mid-range procurement test program.
Sec. 315. Space advertising.
Sec. 316. Administration of Commercial Space Center program.
Sec. 317. Insurance; indemnification; liability.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The National Aeronautics and Space Administration 
        should continue to 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, while sustaining safety 
        standards for personnel and hardware.
            (2) The National Aeronautics and Space Administration 
        should sustain its proud history as the leader of the United 
        States in basic aeronautics 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 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.
            (5) International cooperation in space exploration and 
        science activities serves the interest of the United States.
            (6) In participating in the National Aeronautical Test 
        Alliance, the National Aeronautics and Space Administration and 
        the Department of Defense should cooperate more effectively in 
        leveraging the mutual capabilities of these agencies to conduct 
        joint aeronautics and space missions that not only improve 
        United States aeronautics and space capabilities, but also 
        reduce the cost of conducting those missions.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (2) Commercial provider.--The term ``commercial provider'' 
        means any person providing space transportation services or 
        other space-related activities, the primary control of which is 
        held by persons other than a Federal, State, local, or foreign 
        government.
            (3) Critical path.--The term ``critical path'' means the 
        sequence of events of a schedule of events under which a delay 
        in any event causes a delay in the overall schedule.
            (4) Grant agreement.--The term ``grant agreement'' has the 
        meaning given that term in section 6302(2) of title 31, United 
        States Code.
            (5) Institution of higher education.--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)).
            (6) Major reorganization.--With respect to the National 
        Aeronautics and Space Administration, the term ``major 
        reorganization'' means any reorganization of the Administration 
        that involves the reassignment of more than 25 percent of the 
        employees of the National Aeronautics and Space Administration.
            (7) State.--The term ``State'' means each of the several 
        States of the United States, 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.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. HUMAN SPACE FLIGHT.

    (a) In General.--There are authorized to be appropriated to the 
National Aeronautics and Space Administration for human space flight--
            (1) for the International Space Station--
                    (A) $2,271,300,000 for fiscal year 1998, of which 
                $245,100,000, notwithstanding section 121(a), shall be 
                used only for Space Station research; and
                    (B) $2,100,000,000 for fiscal year 1999, of which 
                $252,453,000, notwithstanding section 121(a), shall be 
                used only for Space Station research;
            (2) for Russian Program Assurance, $50,000,000 for fiscal 
        year 1998;
            (3) for space shuttle operations--
                    (A) $2,444,400,000 for fiscal year 1998; and
                    (B) $2,569,232,000 for fiscal year 1999;
            (4) for space shuttle safety and performance upgrades--
                    (A) $483,400,000 for fiscal year 1998, including 
                related construction of facilities of which--
                            (i) $2,200,000 shall be used for the repair 
                        of a payload changeout room wall and ceiling, 
                        Pad A, Kennedy Space Center;
                            (ii) $1,800,000 shall be used for the 
                        restoration of the pad surface and slope, Pad 
                        A, Kennedy Space Center; and
                            (iii) $2,800,000 shall be used for the 
                        rehabilitation of a 480V electrical 
                        distribution system, Michoud Assembly Facility; 
                        and
                    (B) $497,902,000 for fiscal year 1999; and
            (5) for payload and utilization operations--
                    (A) $227,400,000 for fiscal year 1998; and
                    (B) $234,222,000 for fiscal year 1999.
    (b) Availability of International Space Station Funding.--Of the 
amounts made available to the National Aeronautics and Space 
Administration under subsection (a)(1)(A)--
            (1) $1,500,000,000 shall be available for the purpose 
        specified in that section before March 31, 1998; and
            (2) $771,300,000 shall be made available after that date if 
        the Administrator has met the applicable requirements under 
        section 205.

SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Science, Aeronautics, and Technology--
            (1) for Space Science--
                    (A) $2,043,800,000 for fiscal year 1998, of which--
                            (i) $45,600,000 shall be used for the 
                        gravity probe B;
                            (ii) $1,200,000 shall be used for the Near 
                        Earth Object Survey; and
                            (iii) $507,400,000 shall be used for 
                        mission operations and data analysis, of which 
                        $150,000,000 shall be used for data analysis; 
                        and
                    (B) $2,105,214,000 for fiscal year 1999;
            (2) for life and microgravity sciences and applications--
                    (A) $214,200,000 for fiscal year 1998; and
                    (B) $220,660,000 for fiscal year 1999;
            (3) for Mission to Planet Earth--
                    (A) $1,417,300,000 for fiscal year 1998; and
                    (B) $1,459,819,000 for fiscal year 1999;
            (4) for aeronautics and space transportation technology--
                    (A) $1,469,500,000 for fiscal year 1998, of which--
                            (i) $920,100,000 shall be used for 
                        aeronautical research and technology, of which 
                        not less than $100,000,000 shall be used for 
                        the Aviation Safety Program;
                            (ii) $396,600,000 shall be used for 
                        advanced space transportation technology, of 
                        which $333,500,000 shall be used only for the 
                        X-33 advanced technology demonstration vehicle 
                        program; and
                            (iii) $152,800,000 shall be used for 
                        commercial technology; and
                    (B) $1,513,585,000 for fiscal year 1999, of which--
                            (i) $947,703,000 shall be used for 
                        aeronautical research and technology, of which 
                        not less than $100,000,000 shall be used for 
                        the Aviation Safety Program;
                            (ii) $408,498,000 shall be used for 
                        advanced space transportation technology, of 
                        which $313,900,000 shall be used only for the 
                        X-33 advanced technology demonstration vehicle 
                        program; and
                            (iii) $157,384,000 shall be used for 
                        commercial technology;
            (5) for mission communication services--
                    (A) $400,800,000 for fiscal year 1998; and
                    (B) $412,824,000 for fiscal year 1999;
            (6) for academic programs--
                    (A) $116,400,000 for fiscal year 1998, of which--
                            (i) $15,300,000 shall be used for the 
                        National Space Grant College and Fellowship 
                        Program; and
                            (ii) $45,900,000 shall be used for minority 
                        university research and education at 
                        institutions such as Hispanic-serving 
                        institutions (as that term is defined in 
                        section 316(b)(1) of the Higher Education Act 
                        of 1965 (20 U.S.C. 1059c(b)(1))) and tribally 
                        controlled community colleges (as that term is 
                        defined in section 2(a)(4) of the Tribally 
                        Controlled Community College Assistance Act of 
                        1978 (25 U.S.C. 1801(a)(4))) including 
                        $30,500,000 for historically black colleges and 
                        universities; and
                    (B) $119,892,000 for fiscal year 1999, of which 
                $47,277,000 shall be used for minority university 
                research and education (at institutions such as 
                Hispanic-serving institutions and tribally controlled 
                community colleges) of which $31,415,000 shall be used 
                for historically black colleges and universities; and
            (7) $5,700,000 for fiscal year 1998 for the construction of 
        facilities, of which--
                    (A) $2,000,000 shall be used for modifications for 
                the installation of the Bio-Plex facility at the 
                Johnson Space Center; and
                    (B) $3,700,000 shall be used for the rehabilitation 
                and modification of the B-2 test stand at the Stennis 
                Space Center.

SEC. 103. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for mission support--
            (1) for safety, reliability, and quality assurance--
                    (A) $37,800,000 for fiscal year 1998; and
                    (B) $38,934,000 for fiscal year 1999;
            (2) for space communication services--
                    (A) $225,700,000 for fiscal year 1998; and
                    (B) $253,071,000 for fiscal year 1999;
            (3)(A) for construction of facilities, including land 
        acquisition, $139,400,000 for fiscal year 1998, of which--
                    (i) $2,700,000 shall be used for the modernization 
                of the process cooling system of the Numerical 
                Aerodynamic Simulation Facility, Ames Research Center;
                    (ii) $2,800,000 shall be used for the 
                rehabilitation and modification of the hangar and shop 
                of the Dryden Flight Research Center;
                    (iii) $2,400,000 shall be used for the restoration 
                of the chilled water distribution system at the Goddard 
                Space Flight Center;
                    (iv) $4,600,000 shall be used for the restoration 
                of the Space/Terrestrial Application Facility at the 
                Goddard Space Flight Center;
                    (v) $4,800,000 shall be used for the construction 
                of emergency services facility at the Jet Propulsion 
                Laboratory;
                    (vi) $5,900,000 shall be used for the upgrade of 
                the Utility Annex Chilled Water Plant, at the Kennedy 
                Space Center;
                    (vii) $9,400,000 shall be used for the 
                rehabilitation of the high-voltage system at the Lewis 
                Research Center;
                    (viii) $7,000,000 shall be used for the 
                modification of the chilled water system at the 
                Marshall Space Flight Center;
                    (ix) $65,700,000 shall be used for the minor 
                revitalization of facilities at various locations, not 
                in excess of $1,500,000 per project;
                    (x) $1,100,000 shall be used for minor construction 
                of new facilities and additions to existing facilities 
                at various locations;
                    (xi) $19,000,000 shall be used for facility 
                planning and design, not otherwise provided for; and
                    (xii) $34,000,000 shall be used for environmental 
                compliance and restoration; and
            (B) $164,182,000 shall be used for construction of 
        facilities, including land acquisition, for fiscal year 1999; 
        and
            (4) for research and program management, including 
        personnel and related costs, travel, and research operations 
        support--
                    (A) $2,040,300,000 for fiscal year 1998; and
                    (B) $2,132,409,000 for fiscal year 1999.

SEC. 104. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General--
            (1) $18,300,000 for fiscal year 1998; and
            (2) $18,849,000 for fiscal year 1999.

             Subtitle B--Limitations and Special Authority

SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds made available by appropriations under 
paragraphs (1) through (4) of section 101, section 102, and paragraphs 
(1) and (2) of section 103 and funds made available by appropriations 
for research operations support pursuant to section 103(4) may, at any 
location in support of the purposes for which such funds are 
appropriated, be used for--
            (1) the construction of new facilities; and
            (2) additions to, repair of, rehabilitation of, or 
        modification of existing facilities (in existence on the date 
        on which such funds are made available by appropriation).
    (b) Limitation.--
            (1) In general.--Until the date specified in paragraph (2), 
        no funds may be expended pursuant to subsection (a) for a 
        project, with respect to which the estimated cost to the 
        National Aeronautics and Space Administration, including 
        collateral equipment, exceeds $1,000,000.
            (2) Date.--The date specified in this paragraph is the date 
        that is 30 days after the Administrator notifies the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Science of the House of Representatives of the 
        nature, location, and estimated cost to the National 
        Aeronautics and Space Administration of the project referred to 
        in paragraph (1).
    (c) Title to Facilities.--
            (1) In general.--If funds are used pursuant to subsection 
        (a) for grants for the purchase or construction of additional 
        research facilities to institutions of higher education, or to 
        nonprofit organizations whose primary purpose is the conduct of 
        scientific research, title to these facilities shall be vested 
        in the United States.
            (2) Exception.--If the Administrator determines that the 
        national program of aeronautical and space activities will best 
        be served by vesting title to a facility referred to in 
        paragraph (1) in an institution or organization referred to in 
        that paragraph, the title to that facility shall vest in that 
        institution or organization.
            (3) Condition.--Each grant referred to in paragraph (1) 
        shall be made under such conditions as the Administrator 
        determines to be necessary to ensure that the United States 
        will receive benefits from the grant that are adequate to 
        justify the making of the grant.

SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (a) Use of Construction Funds.--Subject to subsection (b), in 
addition to the amounts authorized for construction of facilities under 
clauses (i) through (iii) of section 101(3)(A), paragraph (7) of 
section 102, or section 103(3), the Administrator may, for that 
purpose, from funds otherwise available to the Administrator--
            (1) use an additional amount equal to 10 percent of the 
        amount specified; or
            (2) to meet unusual cost variations, use an additional 
        amount equal to 25 percent of that amount, after the 
        termination of a 30-day period beginning on the date on which 
        the Administrator submits a report on the circumstances of such 
        action by the Administrator to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Science of the House of Representatives.
    (b) Limitation.--The aggregate amount authorized to be appropriated 
for construction of facilities under clauses (i) through (iii) of 
section 101(4)(A), paragraph (7) of section 102, and section 103(3) 
shall not be increased as a result of any action taken by the 
Administrator under paragraph (1) or (2).

SEC. 114. CONSIDERATION BY COMMITTEES.

    (a) In General.--
            (1) Limitation on use of funds.--Except as provided in 
        subsection (b), notwithstanding any other provision of law, no 
        amount made available by appropriations for the National 
        Aeronautics and Space Administration in excess of the amount 
        authorized for that program under this title may be used for 
        any program with respect to which--
                    (A) the annual budget request submitted by the 
                President under section 1105(a) of title 31, United 
                States Code, included a request for funding; and
                    (B) for the fiscal year of the request referred to 
                in subparagraph (A), Congress denied or did not provide 
                funding.
            (2) Prohibition.--Notwithstanding any other provision of 
        law, no amount made available by appropriations to the National 
        Aeronautics and Space Administration may be used for any 
        program that is not authorized under this Act, except for 
        projects for construction of facilities.
    (b) Exception.--Funds may be used for a program of the National 
Aeronautics and Space Administration upon the expiration of the 30-day 
period beginning on the date on which the Administrator provides a 
notice to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science of the House of Representatives 
that contains--
            (1) a full and complete statement of the action proposed to 
        be taken by the Administrator with respect to that program; and
            (2) the facts and circumstances that the Administrator 
        relied on to support the proposed action referred to in 
        paragraph (1).
    (c) Information.--The Administrator shall keep the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives fully and currently informed 
with respect to all activities and responsibilities of the National 
Aeronautics and Space Administration within the jurisdiction of those 
committees.

SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

    Not more than $35,000 of the amounts made available by 
appropriations pursuant to section 103 may be used by the Administrator 
for scientific consultations or extraordinary expenses.

SEC. 116. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    Of the amounts authorized to be appropriated for academic programs 
under section 102(a)(6), for each of fiscal years 1998 and 1999, the 
Administrator shall use $10,000,000 for the program known as the 
Experimental Program to Stimulate Competitive Research.

                 TITLE II--INTERNATIONAL SPACE STATION

SEC. 201. FINDINGS.

    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 commercial providers in 
        marketing and using, competitively servicing, and commercially 
        augmenting the operational capabilities of the International 
        Space Station during its assembly and operational phases could 
        potentially 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.--Congress declares that--
            (1) the cost-effective construction of the International 
        Space Station is a priority goal; and
            (2) the use of free market principles in operating, 
        servicing, allocating the use of, and adding capabilities to 
        the International Space Station, and the resulting fullest 
        possible engagement of commercial providers and participation 
        of commercial users, could potentially reduce Space Station 
        operational costs for all partners in the International Space 
        Station.
    (b) Reports.--
            (1) Study on opportunities for commercial providers.--Not 
        later than 90 days after the date of enactment of this Act, the 
        Administrator shall conduct a study and prepare and submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science of the House of 
        Representatives, a report on the findings of that study.
            (2) Contents of study.--The study conducted under this 
        subsection shall identify and examine--
                    (A) the opportunities for commercial providers 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 providers playing a role in each of the 
                activities referred to in subparagraph (A);
                    (C) the activities of the International Space 
                Station with respect to which the Federal Government 
                has a unique role or a role that is more cost-effective 
                than could otherwise be provided by a commercial 
                provider;
                    (D) which of the opportunities described in 
                subparagraph (A) (if any) the Administrator plans to 
                make available to commercial providers in fiscal years 
                1998 and 1999;
                    (E) the specific policies and initiatives that the 
                Administrator is advancing to encourage and facilitate 
                the commercial opportunities referred to in 
                subparagraph (A); and
                    (F) the revenues and cost reimbursements to the 
                Federal Government from commercial users of the 
                International Space Station.
            (3) Independently conducted market study.--The 
        Administrator shall--
                    (A) provide for an independently conducted market 
                study that--
                            (i) examines and evaluates potential 
                        industry interest in--
                                    (I) providing commercial goods and 
                                services for the operation, servicing, 
                                and augmentation of the International 
                                Space Station; and
                                    (II) the commercial use of the 
                                International Space Station; and
                            (ii) includes updates to the cost savings 
                        and revenue estimates made in the study 
                        described in paragraph (1), based on the 
                        external market assessment; and
                    (B) submit a report on the findings of the study to 
                the Committee on Commerce, Science, and Transportation 
                of the Senate and the Committee on Science of the House 
                of Representatives, within 180 days after the date of 
                enactment of this Act.

SEC. 203. INTERNATIONAL SPACE STATION LIMITATIONS.

    (a) Transfer of Funds to Russia.--
            (1) In general.--No funds or in-kind payments shall be 
        transferred to any entity of the Government of Russia or any 
        Russian contractor to perform work on the International Space 
        Station which the Government of Russia pledged, at any time, to 
        provide at the expense of the Government of Russia.
            (2) Applicability.--This section shall not apply to the 
        purchase or modification of the Russian built, United States 
        owned Functional Cargo Block, known as the ``FCB''.
    (b) Contingency Plan for Russian Elements in Critical Path.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator shall develop and 
        submit to Congress a contingency plan for the replacement of 
        each element of the International Space Station for which the 
        Government of Russia is responsible that lies in the critical 
        path of the Space Station, including operations.
            (2) Contents of plan.--The plan submitted under this 
        subsection shall include--
                    (A) decision points for replacing the elements 
                referred to in paragraph (1) if the International Space 
                Station is to be completed;
                    (B) the cost of implementing each decision referred 
                to in subparagraph (A); and
                    (C) the cost of replacing such a critical path 
                element after the applicable decision point has passed, 
                if--
                            (i) the decision at that point is not to 
                        replace that element; and
                            (ii) the Administrator determines after the 
                        decision referred to in clause (i) is made that 
                        the Government of Russia will be unable to 
                        provide the critical path element in a manner 
                        to allow completion of the International Space 
                        Station; and
                    (D)(i) the source of the funds necessary to 
                implement the contingency plan; and
                    (ii) an assessment of the impact of the contingency 
                plan on programs that have been approved by the 
                Administrator before the development of the contingency 
                plan.
    (c) Astronauts on Mir.--Beginning on the date of enactment of this 
Act, the Administrator shall not place a United States astronaut on 
board the Mir Space Station, without the Space Shuttle attached to Mir, 
until the Administrator assures Congress in writing that the Mir Space 
Station is safe for human occupancy, and that assurance shall be based 
on an independent review of the safety of the Mir Space Station.

SEC. 204. NATIONAL RESEARCH COUNCIL STUDY.

    (a) In General.--The Administrator shall use not less than $400,000 
of the amounts appropriated to the National Aeronautics and Space 
Administration pursuant to the authorizations contained in this Act to 
provide for a study under this section.
    (b) Contents of Study.--To carry out this section, the 
Administrator shall enter into a contract or other appropriate 
arrangement with the appropriate official of the National Research 
Council of the National Academy of Sciences to provide for a study that 
evaluates, with respect to any potential effects on the assembly 
schedule, budget, and capabilities of the Space Station--
            (1) the engineering challenges posed by--
                    (A) extravehicular (commonly referred to as 
                ``EVA'') requirements; and
                    (B) space launch requirements of the United States 
                and other foreign countries;
            (2) the potential need to upgrade or replace equipment and 
        components of the Space Station after the assembly of the Space 
        Station is complete; and
            (3) the requirement to decommission and disassemble the 
        Space Station.
    (c) Reports.--
            (1) Interim report.--Not later than June 1, 1998, the 
        Administrator shall submit to Congress an interim report that 
        contains the findings of the National Research Council as of 
        that date with respect to the study conducted under this 
        section.
            (2) Final report.--Not later than September 1, 1998, upon 
        completion of the study under this section, the Administrator 
        shall submit to Congress a final report on the findings of the 
        National Research Council with respect to the study.

SEC. 205. LIMITATION ON THE INTERNATIONAL SPACE STATION BUDGET.

    Taking into account the number of design changes needed in the 
International Space Station and the information that Congress has 
received concerning the rising costs that will be associated with the 
International Space Station, the Administrator, in consultation with 
the Comptroller General of the United States, shall--
            (1) establish an updated total life cycle cost estimate for 
        the International Space Station by not later than 90 days after 
        the date of enactment of this Act; and
            (2) prepare, and submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Science of the House of Representatives a report that 
        contains--
                    (A) the updated total life cycle cost estimate 
                referred to in paragraph (1) and an explanation of how 
                the costs will be shared among international project 
                partners; and
                    (B) recommendations for the maximum aggregate 
                amount necessary to carry out the International Space 
                Station for the remaining fiscal years of the 
                International Space Station program, for inclusion in 
                the budget for the International Space Station, 
                including a breakdown of the maximum amount necessary 
                for--
                            (i) research;
                            (ii) design;
                            (iii) construction;
                            (iv) delivery;
                            (v) launch;
                            (vi) operation;
                            (vii) assembly; and
                            (viii) disassembly.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. 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);
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively; and
            (3) in subsection (g), as redesignated by paragraph (1) of 
        this subsection, by striking ``(f), and (g)'' and inserting 
        ``and (f)''.
    (b) Reports to 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 ``May''; and
            (2) by striking ``calendar'' and inserting ``fiscal''.
    (c) Disclosure of Technical Data.--Section 303 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2454) is amended by adding 
at the end the following new subsection:
    ``(c) The Administrator may delay for a period not to exceed 5 
years after development, the unrestricted public disclosure of 
technical data that would have been a trade secret or commercial or 
financial information that is privileged or confidential under the 
meaning of section 552(b)(4) of title 5, United States Code, if the 
information had been obtained from a non-Federal party, in any case in 
which the technical data is generated in the performance of 
experimental, developmental, or research activities or programs 
conducted by, or funded in whole or in part by, the Administration. The 
technical data referred to in the preceding sentence shall not be 
subject to the disclosure requirements of section 552 of title 5, 
United States Code.''.

SEC. 302. ACQUISITION OF SPACE SCIENCE DATA.

    (a) Acquisition From Commercial Providers.--The Administrator may, 
if practicable and cost-effective, while satisfying the scientific 
requirements of the National Aeronautics and Space Administration, 
acquire space science data from a commercial provider.
    (b) Space Science Data.--For purposes of this section, the term 
``space science data'' includes--
            (1) scientific data concerning the elemental and 
        mineralogical resources of the moon, asteroids, planets and 
        their moons, and comets;
            (2) Earth environmental data obtained through remote 
        sensing observations; and
            (3) solar storm monitoring.
    (c) Safety Standards.--Nothing in this section shall be construed 
to prohibit the Federal Government from requiring compliance with 
applicable safety standards.
    (d) Limitation.--This section does not authorize the Administrator 
to provide financial assistance for the development of commercial 
systems for the collection of space science data.

SEC. 303. ACQUISITION OF EARTH SCIENCE DATA.

    (a) Acquisition.--For purposes of meeting Government goals for 
Mission to Planet Earth, the Administrator may, if practicable and 
cost-effective, while satisfying the scientific requirements of the 
National Aeronautics and Space Administration, procure from a 
commercial provider, if cost-effective, space-based and airborne Earth 
remote sensing data, services, distribution, and applications of an 
aggregate value not to exceed $50,000,000.
    (b) Safety Standards.--Nothing in this section shall be construed 
to prohibit the Federal Government from requiring compliance with 
applicable safety standards.

SEC. 304. SHUTTLE PRIVATIZATION.

    Not later than 90 days after the date of enactment of this Act, the 
Administrator shall prepare, and submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Science 
of the House of Representatives a report containing--
            (1) the findings and recommendations of the Independent 
        Shuttle Management Review Team; and
            (2) findings and recommendations concerning possible 
        options for resolving the major policy and legal issues that 
        are required to be addressed before the Shuttle is privatized, 
        including whether--
                    (A) the Federal Government or the Shuttle 
                contractor should own the Shuttle orbiters and Shuttle 
                ground facilities;
                    (B)(i) commercial payloads should be allowed to be 
                launched on the Shuttle; and
                    (ii) any classes of payloads should be made 
                ineligible for launch consideration;
                    (C) the public interest requires that certain 
                Shuttle functions continue to be performed by the 
                Federal Government; and
                    (D) privatization of the Shuttle would produce any 
                significant cost saving, and if so, the estimated 
                amount of those cost savings.

SEC. 305. 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. 306. USE OF EXISTING FACILITIES.

    (a) In General.--In any case in which the Administrator considers 
the purchase, lease, or expansion of a facility to meet requirements of 
the National Aeronautics and Space Administration, the Administrator, 
taking into account the applicable requirements of Federal law relating 
to the use or disposal of excess or surplus property, including the 
Federal Property and Administrative Services Act of 1949, shall--
            (1) consider whether there is available to the 
        Administrator for use for meeting those requirements--
                    (A) any military installation that is closed or 
                being closed;
                    (B) any facility at an installation referred to in 
                subparagraph (A); or
                    (C) any other facility that the Administrator 
                determines to be--
                            (i) owned or leased by the United States 
                        for the use of another agency of the Federal 
                        Government; and
                            (ii) considered by the head of the agency 
                        involved--
                                    (I) to be excess to the needs of 
                                that agency; or
                                    (II) to be underutilized by that 
                                agency; and
            (2) in the case of an underutilized facility available in 
        part for use to meet those requirements, consider locating an 
        activity of the National Aeronautics and Space Administration 
        for which a facility is required at that underutilized facility 
        in such manner as to share the use of the facility with 1 or 
        more agencies of the Federal Government.
    (b) Addition or Expansion.--To the maximum extent feasible and 
cost-effective (and not inconsistent with the purposes of the Defense 
Base Closure and Realignment Act of 1990 (104 Stat. 1808 et seq.) and 
the amendments made by that Act), the Administrator shall meet the 
requirements of the National Aeronautics and Space Administration for 
additional or expanded facilities by using facilities that--
            (1) the Administrator considers, pursuant to subsection 
        (a), to be available to the Administrator for use to meet those 
        requirements; and
            (2) meet the management needs of the National Aeronautics 
        and Space Administration.

SEC. 307. 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 ``(4), and (6)''.

SEC. 308. NEXT GENERATION INTERNET.

    The National Aeronautics and Space Administration may participate 
in the Next Generation Internet (as that term is used in Executive 
Order No. 13035) interagency initiative, which is a multiagency 
initiative related to the National High-Performance Computing and 
Communications Program established by section 102 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511).

SEC. 309. NOTICE.

    (a) Notice of Reprogramming.--If any funds appropriated pursuant to 
the amendments made by this Act are subject to a reprogramming action 
that requires notice to be provided to the Committees on Appropriations 
of the Senate and the House of Representatives, notice of that action 
shall concurrently be provided to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science of the 
House of Representatives.
    (b) Notice of Reorganization.--Not later than 30 days before any 
major reorganization involving the reassignment of more than 25 percent 
of the employees of any program, project, or activity of the National 
Aeronautics and Space Administration, the Administrator shall provide 
notice to the Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate and the Committees on Science and 
Appropriations of the House of Representatives.

SEC. 310. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 rapidly approaching, it is the sense of Congress 
that the Administrator should--
            (1) give high priority to correcting all 2-digit date-
        related problems in the computer systems of the National 
        Aeronautics and Space Administration to ensure that those 
        systems continue to operate effectively in the year 2000 and in 
        subsequent years;
            (2) as soon as practicable after the date of enactment of 
        this Act, assess 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 compliance for all of the mission-critical systems of 
        the system by the year 2000; and
            (3) develop contingency plans for those systems that the 
        National Aeronautics and Space Administration is unable to 
        correct by the year 2000.

SEC. 311. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.

    The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511 et seq.) is 
amended--
            (1) in section 101 by striking ``transsonic and 
        supersonic'' and inserting ``transsonic, supersonic, and 
        hypersonic''; and
            (2) in section 103--
                    (A) in subsection (a)--
                            (i) by striking ``laboratories'' and 
                        inserting ``laboratories and centers''; and
                            (ii) by striking ``supersonic'' and 
                        inserting ``transsonic, supersonic, and 
                        hypersonic''; and
                    (B) in subsection (c), by striking ``laboratory'' 
                and inserting ``facility''.

SEC. 312. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

    (a) Definitions.--In this section--
            (1) Educationally useful federal equipment.--The term 
        ``educationally useful Federal equipment'' means computers and 
        related peripheral tools and research equipment that is 
        appropriate for use in schools.
            (2) School.--The term ``school'' means a public or private 
        educational institution that serves any of the grades of 
        kindergarten through grade 12.
    (b) Sense of Congress.--
            (1) In general.--It is the sense of Congress that the 
        Administrator should, to the greatest extent practicable and in 
        a manner consistent with applicable Federal law (including 
        Executive Order No. 12999), donate educationally useful Federal 
        equipment to schools in order to enhance the science and 
        mathematics programs of those schools.
            (2) Reports.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter, the 
        Administrator shall prepare and submit to Congress a report 
        describing any donations of educationally useful Federal 
        equipment to schools made during the period covered by the 
        report.

SEC. 313. AUTHORITY TO VEST TITLE.

    Title III of the National Aeronautics and Space Act of 1958 (72 
Stat. 432 et seq.) is amended by adding at the end the following:

``authority to vest title to tangible personal property for research or 
                         technology development

    ``Sec. 313. Notwithstanding any other provision of law, the 
Administrator may vest title in tangible property (as that term is 
defined by the Administrator) in any participant that enters into a 
cooperative agreement with the Administrator if--
            ``(1) the primary purpose of the participant is to conduct 
        scientific research or technology development;
            ``(2) the property is acquired with amounts provided under 
        a cooperative agreement between the participant and the 
        Administrator to conduct scientific research or technology 
        development;
            ``(3) the Administrator determines that vesting the title 
        to the property in the participant furthers the objectives of 
        the National Aeronautics and Space Administration; and
            ``(4) the vesting of the title in the participant is made--
                    ``(A) on the condition that the United States 
                Government will not incur any further obligation; and
                    ``(B) subject to any other condition that the 
                Administrator considers to be appropriate.''.

SEC. 314. NASA MID-RANGE PROCUREMENT TEST PROGRAM.

    Section 5062 of the Federal Acquisition Streamlining Act of 1994 
(108 Stat. 3356) is amended--
            (1) in subsection (a), by inserting after the first 
        sentence the following: ``In addition to providing any other 
        notice of any acquisition under the test conducted under this 
        section, the Administrator shall publish a notice of that 
        acquisition in, or make such a notice available through, the 
        automated version of the Commerce Business Daily published by 
        the Secretary of Commerce.'';
            (2) in subsection (b), by striking ``an estimated annual 
        total obligation of funds of $500,000 or less'' and inserting 
        ``a basic value (as that term is defined by the 
        Administrator)--
            ``(1) of $2,000,000 or less; or
            ``(2) if options to purchase are involved, of $10,000,000 
        or less.'';
            (3) in subsection (c), by striking ``$100,000,000'' and 
        inserting ``$500,000,000''; and
            (4) in subsection (f), by striking ``4 years'' and 
        inserting ``6 years''.

SEC. 315. SPACE ADVERTISING.

    (a) Definition.--Section 70102 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (8) through (12) as 
        paragraphs (9) through (13), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) `obtrusive space advertising' means advertising in 
        outer space that is capable of being recognized by a human 
        being on the surface of the Earth without the aid of a 
        telescope or other technological device.''.
    (b) Prohibition.--Chapter 701 of title 49, United States Code, is 
amended by inserting after section 70109 the following new section:
``Sec.  70109a. Space advertising
    ``(a) Licensing.--Notwithstanding the provisions of this chapter or 
any other provision of law, the Secretary may not, for the launch of a 
payload containing any material to be used for the purposes of 
obtrusive space advertising--
            ``(1) issue or transfer a license under this chapter; or
            ``(2) waive the license requirements of this chapter.
    ``(b) Launching.--No holder of a license under this chapter may 
launch a payload containing any material to be used for purposes of 
obtrusive space advertising on or after the date of enactment of the 
National Aeronautics and Space Administration Authorization Act for 
Fiscal Years 1998 and 1999.
    ``(c) Commercial Space Advertising.--Nothing in this section shall 
apply to nonobtrusive commercial space advertising, including 
advertising on--
            ``(1) commercial space transportation vehicles;
            ``(2) space infrastructure, payloads;
            ``(3) space launch facilities; and
            ``(4) launch support facilities.''.
    (c) Negotiation With Foreign Launching Nations.--
            (1) The President is requested to negotiate with foreign 
        launching nations for the purpose of reaching 1 or more 
        agreements that prohibit the use of outer space for obtrusive 
        space advertising purposes.
            (2) It is the sense of Congress that the President should 
        take such action as is appropriate and feasible to enforce the 
        terms of any agreement to prohibit the use of outer space for 
        obtrusive space advertising purposes.
            (3) As used in this subsection, the term ``foreign 
        launching nation'' means a nation--
                    (A) that launches, or procures the launching of, a 
                payload into outer space; or
                    (B) from the territory or facility of which a 
                payload is launched into outer space.
    (d) Clerical Amendment.--The table of sections for chapter 701 is 
amended by inserting after the item relating to section 70109 the 
following:

    ``70109a. Space advertising.''.

SEC. 316. ADMINISTRATION OF COMMERCIAL SPACE CENTER PROGRAM.

    The Administrator shall, in a coordinated manner, administer, at 
the headquarters of the National Aeronautics and Space Administration 
in Washington, D.C., the Commercial Space Center.

SEC. 317. INSURANCE; INDEMNIFICATION; LIABILITY.

    (a) In General.--The Administrator may provide liability insurance 
for, or indemnification to, the developer of an experimental aerospace 
vehicle developed or used in execution of an agreement between the 
Administration and the developer.
    (b) Terms and Conditions.--
            (1) In general.--Except as otherwise provided in this 
        section, the insurance and indemnification provided by the 
        Administration under subsection (a) to a developer shall be 
        provided on the same terms and conditions as insurance and 
        indemnification is provided by the Administration under section 
        308 of the National Aeronautics and Space Act of 1958 (42 
        U.S.C. 2458b) to the user of a space vehicle.
            (2) Insurance.--
                    (A) In general.--A developer shall obtain liability 
                insurance or demonstrate financial responsibility in 
                amounts to compensate for the maximum probable loss 
                from claims by--
                            (i) a third party for death, bodily injury, 
                        or property damage, or loss resulting from an 
                        activity carried out in connection with the 
                        development or use of an experimental aerospace 
                        vehicle; and
                            (ii) the United States Government for 
                        damage or loss to Government property resulting 
                        from such an activity.
                    (B) Maximum required.--The Administrator shall 
                determine the amount of insurance required, but, except 
                as provided in subparagraph (C), that amount shall not 
                be greater than the amount required under section 
                70112(a)(3) of title 49, United States Code, for a 
launch. The Administrator shall publish notice of the Administrator's 
determination and the applicable amount or amounts in the Federal 
Register within 10 days after making the determination.
                    (C) Increase in dollar amounts.--The Administrator 
                may increase the dollar amounts set forth in section 
                70112(a)(3)(A) of title 49, United States Code, for the 
                purpose of applying it under this section to a 
                developer after consultation with the Comptroller 
                General and such experts and consultants as may be 
                appropriate, and after publishing notice of the 
                increase in the Federal Register not less than 180 days 
                before the increase goes into effect. The Administrator 
                shall make available for public inspection, not later 
                than the date of publication of such notice, a complete 
                record of any correspondence received by the 
                Administration, and a transcript of any meetings in 
                which the Administration participated, regarding the 
                proposed increase.
                    (D) Safety review required before administrator 
                provides insurance.--The Administrator may not provide 
                liability insurance or indemnification under subsection 
                (a) unless the developer establishes to the 
                satisfaction of the Administrator that appropriate 
                safety procedures and practices are being followed in 
                the development of the experimental aerospace vehicle.
            (3) No indemnification without cross-waiver.--
        Notwithstanding subsection (a), the Administrator may not 
        indemnify a developer of an experimental aerospace vehicle 
        under this section unless there is an agreement between the 
        Administration and the developer described in subsection (c) of 
        this section.
            (4) Application of certain procedures.--If the 
        Administrator requests additional appropriations to make 
        payments under this section, like the payments that may be made 
        under section 308(b), then the request for those appropriations 
        shall be made in accordance with the procedures established by 
        subsections (d) and (e) of section 70113 of title 49, United 
        States Code.
    (c) Cross-Waivers.--
            (1) Administrator authorized to waive.--The Administrator, 
        on behalf of the United States, and its departments, agencies, 
        and instrumentalities, may reciprocally waive claims with a 
        developer and with the related entities of that developer under 
        which each party to the waiver agrees to be responsible, and 
        agrees to ensure that its own related entities are responsible, 
        for damage or loss to its property for which it is responsible, 
        or for losses resulting from any injury or death sustained by 
        its own employees or agents, as a result of activities 
        connected to the agreement or use of the experimental aerospace 
        vehicle.
            (2) Limitations.--
                    (A) Claims.--A reciprocal waiver under paragraph 
                (1) may not preclude a claim by any natural person 
                (including, but not limited to, a natural person who is 
                an employee of the United States, the developer, or the 
                developer's subcontractors) or that natural person's 
                estate, survivors, or subrogees for injury or death, 
                except with respect to a subrogee that is a party to 
                the waiver or has otherwise agreed to be bound by the 
                terms of the waiver.
                    (B) Liability for negligence.--A reciprocal waiver 
                under paragraph (1) may not absolve any party of 
                liability to any natural person (including, but not 
                limited to, a natural person who is an employee of the 
United States, the developer, or the developer's subcontractors) or 
such a natural person's estate, survivors, or subrogees for negligence, 
except with respect to a subrogee that is a party to the waiver or has 
otherwise agreed to be bound by the terms of the waiver.
                    (C) Indemnification for damages.--A reciprocal 
                waiver under paragraph (1) may not be used as the basis 
                of a claim by the Administration or the developer for 
                indemnification against the other for damages paid to a 
                natural person, or that natural person's estate, 
                survivors, or subrogees, for injury or death sustained 
                by that natural person as a result of activities 
                connected to the agreement or use of the experimental 
                aerospace vehicle.
    (d) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        National Aeronautics and Space Administration.
            (2) Experimental aerospace vehicle.--The term 
        ``experimental aerospace vehicle'' means an object intended to 
        be flown in, or launched into, suborbital flight for the 
        purpose of demonstrating technologies necessary for a reusable 
        launch vehicle, developed under an agreement between the 
        Administration and a developer that was in effect before the 
        date of enactment of this Act.
            (3) Developer.--The term ``developer'' means a person 
        (other than a natural person) who--
                    (A) is a party to an agreement that was in effect 
                before the date of enactment of this Act with the 
                Administration for the purpose of developing new 
                technology for an experimental aerospace vehicle;
                    (B) owns or provides property to be flown or 
                situated on that vehicle; or
                    (C) employs a natural person to be flown on that 
                vehicle.
            (4) Common terms.--Any term used in this section that is 
        defined in the National Aeronautics and Space Act of 1958 (42 
        U.S.C. 2451 et seq.) has the same meaning in this section as 
        when it is used in that Act.
    (e) Relationship to Other Laws.--
            (1) Section 308 of national aeronautics and space act of 
        1958.--This section does not apply to any object, transaction, 
        or operation to which section 308 of the National Aeronautics 
        and Space Act of 1958 (42 U.S.C. 2458b) applies.
            (2) Chapter 701 of title 49, united states code.--The 
        Administrator may not provide indemnification to a developer 
        under this section for launches subject to license under 
        section 70117(g)(1) of title 49, United States Code.
    (f) Termination.--
            (1) In general.--The provisions of this section shall 
        terminate on December 31, 2002, except that the Administrator 
        may extend the termination date to a date not later than 
        September 30, 2005, if the Administrator determines that such 
        an extension is necessary to cover the operation of an 
        experimental aerospace vehicle.
            (2) Effect of termination on agreements.--The termination 
        of this section does not terminate or otherwise affect a cross-
        waiver agreement, insurance agreement, indemnification 
        agreement, or any other agreement entered into under this 
        section except as may be provided in that agreement.
                                 <all>