[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1250 Reported in Senate (RS)]
Calendar No. 387
105th CONGRESS
2d Session
S. 1250
[Report No. 105-195]
_______________________________________________________________________
A BILL
To authorize appropriations for the National Aeronautics and Space
Administration for fiscal years 1998 and 1999, and for other purposes.
_______________________________________________________________________
May 22, 1998
Reported with an amendment and an amendment to the title
Calendar No. 387
105th CONGRESS
2d Session
S. 1250
[Report No. 105-195]
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, 1998
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
May 22, 1998
Reported by Mr. McCain, with an amendment and an amendment to the title
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act for Fiscal Years
1998 and 1999''.</DELETED>
<DELETED> (b) Table of Contents.--</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--AUTHORIZATION OF APPROPRIATIONS
<DELETED>Subtitle A--Authorizations
<DELETED>Sec. 101. Human space flight.
<DELETED>Sec. 102. Science, aeronautics, and technology.
<DELETED>Sec. 103. Mission support.
<DELETED>Sec. 104. Inspector General.
<DELETED>Subtitle B--Limitations and Special Authority
<DELETED>Sec. 111. Use of funds for construction.
<DELETED>Sec. 112. Availability of appropriated amounts.
<DELETED>Sec. 113. Reprogramming for construction of facilities.
<DELETED>Sec. 114. Consideration by committees.
<DELETED>Sec. 115. Use of funds for scientific consultations or
extraordinary expenses.
<DELETED>Sec. 116. Experimental Program to Stimulate Competitive
Research.
<DELETED>TITLE II--INTERNATIONAL SPACE STATION
<DELETED>Sec. 201. Findings.
<DELETED>Sec. 202. Commercialization of Space Station.
<DELETED>Sec. 203. International Space Station limitations.
<DELETED>Sec. 204. National Research Council study.
<DELETED>Sec. 205. Limitation on the International Space Station
budget.
<DELETED>TITLE III--MISCELLANEOUS PROVISIONS
<DELETED>Sec. 301. National Aeronautics and Space Act of 1958
amendments.
<DELETED>Sec. 302. Acquisition of space science data.
<DELETED>Sec. 303. Acquisition of Earth science data.
<DELETED>Sec. 304. Shuttle privatization.
<DELETED>Sec. 305. Launch voucher demonstration program amendments.
<DELETED>Sec. 306. Use of existing facilities.
<DELETED>Sec. 307. Authority to reduce or suspend contract payments
based on substantial evidence of fraud.
<DELETED>Sec. 308. Next Generation Internet.
<DELETED>Sec. 309. Notice.
<DELETED>Sec. 310. Sense of Congress on the year 2000 problem.
<DELETED>Sec. 311. Unitary Wind Tunnel Plan Act of 1949 amendments.
<DELETED>Sec. 312. Enhancement of science and mathematics programs.
<DELETED>Sec. 313. Authority to vest title.
<DELETED>Sec. 314. NASA mid-range procurement test program.
<DELETED>Sec. 315. Space advertising.
<DELETED>Sec. 316. Administration of Commercial Space Center program.
<DELETED>Sec. 317. Insurance; indemnification; liability.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) International cooperation in space exploration
and science activities serves the interest of the United
States.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the National Aeronautics and Space
Administration.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Grant agreement.--The term ``grant agreement''
has the meaning given that term in section 6302(2) of title 31,
United States Code.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE I--AUTHORIZATION OF APPROPRIATIONS</DELETED>
<DELETED>Subtitle A--Authorizations</DELETED>
<DELETED>SEC. 101. HUMAN SPACE FLIGHT.</DELETED>
<DELETED> (a) In General.--There are authorized to be appropriated
to the National Aeronautics and Space Administration for human space
flight--</DELETED>
<DELETED> (1) for the International Space Station--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) for Russian Program Assurance, $50,000,000 for
fiscal year 1998;</DELETED>
<DELETED> (3) for space shuttle operations--</DELETED>
<DELETED> (A) $2,444,400,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $2,569,232,000 for fiscal year
1999;</DELETED>
<DELETED> (4) for space shuttle safety and performance
upgrades--</DELETED>
<DELETED> (A) $483,400,000 for fiscal year 1998,
including related construction of facilities of which--
</DELETED>
<DELETED> (i) $2,200,000 shall be used for
the repair of a payload changeout room wall and
ceiling, Pad A, Kennedy Space Center;</DELETED>
<DELETED> (ii) $1,800,000 shall be used for
the restoration of the pad surface and slope,
Pad A, Kennedy Space Center; and</DELETED>
<DELETED> (iii) $2,800,000 shall be used for
the rehabilitation of a 480V electrical
distribution system, Michoud Assembly Facility;
and</DELETED>
<DELETED> (B) $497,902,000 for fiscal year 1999;
and</DELETED>
<DELETED> (5) for payload and utilization operations--
</DELETED>
<DELETED> (A) $227,400,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $234,222,000 for fiscal year
1999.</DELETED>
<DELETED> (b) Availability of International Space Station Funding.--
Of the amounts made available to the National Aeronautics and Space
Administration under subsection (a)(1)(A)--</DELETED>
<DELETED> (1) $1,500,000,000 shall be available for the
purpose specified in that section before March 31, 1998;
and</DELETED>
<DELETED> (2) $771,300,000 shall be made available after
that date if the Administrator has met the applicable
requirements under section 205.</DELETED>
<DELETED>SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.</DELETED>
<DELETED> There are authorized to be appropriated to the National
Aeronautics and Space Administration for Science, Aeronautics, and
Technology--</DELETED>
<DELETED> (1) for Space Science--</DELETED>
<DELETED> (A) $2,043,800,000 for fiscal year 1998,
of which--</DELETED>
<DELETED> (i) $45,600,000 shall be used for
the gravity probe B;</DELETED>
<DELETED> (ii) $1,200,000 shall be used for
the Near Earth Object Survey; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) $2,105,214,000 for fiscal year
1999;</DELETED>
<DELETED> (2) for life and microgravity sciences and
applications--</DELETED>
<DELETED> (A) $214,200,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $220,660,000 for fiscal year
1999;</DELETED>
<DELETED> (3) for Mission to Planet Earth--</DELETED>
<DELETED> (A) $1,417,300,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $1,459,819,000 for fiscal year
1999;</DELETED>
<DELETED> (4) for aeronautics and space transportation
technology--</DELETED>
<DELETED> (A) $1,469,500,000 for fiscal year 1998,
of which--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) $152,800,000 shall be used
for commercial technology; and</DELETED>
<DELETED> (B) $1,513,585,000 for fiscal year 1999,
of which--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iii) $157,384,000 shall be used
for commercial technology;</DELETED>
<DELETED> (5) for mission communication services--</DELETED>
<DELETED> (A) $400,800,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $412,824,000 for fiscal year
1999;</DELETED>
<DELETED> (6) for academic programs--</DELETED>
<DELETED> (A) $116,400,000 for fiscal year 1998, of
which--</DELETED>
<DELETED> (i) $15,300,000 shall be used for
the National Space Grant College and Fellowship
Program; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (7) $5,700,000 for fiscal year 1998 for the
construction of facilities, of which--</DELETED>
<DELETED> (A) $2,000,000 shall be used for
modifications for the installation of the Bio-Plex
facility at the Johnson Space Center; and</DELETED>
<DELETED> (B) $3,700,000 shall be used for the
rehabilitation and modification of the B-2 test stand
at the Stennis Space Center.</DELETED>
<DELETED>SEC. 103. MISSION SUPPORT.</DELETED>
<DELETED> There are authorized to be appropriated to the National
Aeronautics and Space Administration for mission support--</DELETED>
<DELETED> (1) for safety, reliability, and quality
assurance--</DELETED>
<DELETED> (A) $37,800,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $38,934,000 for fiscal year
1999;</DELETED>
<DELETED> (2) for space communication services--</DELETED>
<DELETED> (A) $225,700,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $253,071,000 for fiscal year
1999;</DELETED>
<DELETED> (3)(A) for construction of facilities, including
land acquisition, $139,400,000 for fiscal year 1998, of which--
</DELETED>
<DELETED> (i) $2,700,000 shall be used for the
modernization of the process cooling system of the
Numerical Aerodynamic Simulation Facility, Ames
Research Center;</DELETED>
<DELETED> (ii) $2,800,000 shall be used for the
rehabilitation and modification of the hangar and shop
of the Dryden Flight Research Center;</DELETED>
<DELETED> (iii) $2,400,000 shall be used for the
restoration of the chilled water distribution system at
the Goddard Space Flight Center;</DELETED>
<DELETED> (iv) $4,600,000 shall be used for the
restoration of the Space/Terrestrial Application
Facility at the Goddard Space Flight Center;</DELETED>
<DELETED> (v) $4,800,000 shall be used for the
construction of emergency services facility at the Jet
Propulsion Laboratory;</DELETED>
<DELETED> (vi) $5,900,000 shall be used for the
upgrade of the Utility Annex Chilled Water Plant, at
the Kennedy Space Center;</DELETED>
<DELETED> (vii) $9,400,000 shall be used for the
rehabilitation of the high-voltage system at the Lewis
Research Center;</DELETED>
<DELETED> (viii) $7,000,000 shall be used for the
modification of the chilled water system at the
Marshall Space Flight Center;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (x) $1,100,000 shall be used for minor
construction of new facilities and additions to
existing facilities at various locations;</DELETED>
<DELETED> (xi) $19,000,000 shall be used for
facility planning and design, not otherwise provided
for; and</DELETED>
<DELETED> (xii) $34,000,000 shall be used for
environmental compliance and restoration; and</DELETED>
<DELETED> (B) $164,182,000 shall be used for construction of
facilities, including land acquisition, for fiscal year 1999;
and</DELETED>
<DELETED> (4) for research and program management, including
personnel and related costs, travel, and research operations
support--</DELETED>
<DELETED> (A) $2,040,300,000 for fiscal year 1998;
and</DELETED>
<DELETED> (B) $2,132,409,000 for fiscal year
1999.</DELETED>
<DELETED>SEC. 104. INSPECTOR GENERAL.</DELETED>
<DELETED> There are authorized to be appropriated to the National
Aeronautics and Space Administration for Inspector General--</DELETED>
<DELETED> (1) $18,300,000 for fiscal year 1998;
and</DELETED>
<DELETED> (2) $18,849,000 for fiscal year 1999.</DELETED>
<DELETED>Subtitle B--Limitations and Special Authority</DELETED>
<DELETED>SEC. 111. USE OF FUNDS FOR CONSTRUCTION.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the construction of new facilities;
and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Limitation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Title to Facilities.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.</DELETED>
<DELETED> To the extent provided in appropriations Acts,
appropriations authorized under subtitle A may remain available without
fiscal year limitation.</DELETED>
<DELETED>SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF
FACILITIES.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) use an additional amount equal to 10 percent
of the amount specified; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 114. CONSIDERATION BY COMMITTEES.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) for the fiscal year of the request
referred to in subparagraph (A), Congress denied or did
not provide funding.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) a full and complete statement of the action
proposed to be taken by the Administrator with respect to that
program; and</DELETED>
<DELETED> (2) the facts and circumstances that the
Administrator relied on to support the proposed action referred
to in paragraph (1).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR
EXTRAORDINARY EXPENSES.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 116. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE II--INTERNATIONAL SPACE STATION</DELETED>
<DELETED>SEC. 201. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the development, assembly, and operation of
the International Space Station is in the national interest of
the United States;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 202. COMMERCIALIZATION OF SPACE STATION.</DELETED>
<DELETED> (a) Policy.--Congress declares that--</DELETED>
<DELETED> (1) the cost-effective construction of the
International Space Station is a priority goal; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Reports.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents of study.--The study conducted under
this subsection shall identify and examine--</DELETED>
<DELETED> (A) the opportunities for commercial
providers to play a role in International Space Station
activities, including operation, use, servicing, and
augmentation;</DELETED>
<DELETED> (B) the potential cost savings to be
derived from commercial providers playing a role in
each of the activities referred to in subparagraph
(A);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (E) the specific policies and initiatives
that the Administrator is advancing to encourage and
facilitate the commercial opportunities referred to in
subparagraph (A); and</DELETED>
<DELETED> (F) the revenues and cost reimbursements
to the Federal Government from commercial users of the
International Space Station.</DELETED>
<DELETED> (3) Independently conducted market study.--The
Administrator shall--</DELETED>
<DELETED> (A) provide for an independently conducted
market study that--</DELETED>
<DELETED> (i) examines and evaluates
potential industry interest in--</DELETED>
<DELETED> (I) providing commercial
goods and services for the operation,
servicing, and augmentation of the
International Space Station;
and</DELETED>
<DELETED> (II) the commercial use of
the International Space Station;
and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 203. INTERNATIONAL SPACE STATION LIMITATIONS.</DELETED>
<DELETED> (a) Transfer of Funds to Russia.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Contingency Plan for Russian Elements in Critical
Path.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents of plan.--The plan submitted under
this subsection shall include--</DELETED>
<DELETED> (A) decision points for replacing the
elements referred to in paragraph (1) if the
International Space Station is to be
completed;</DELETED>
<DELETED> (B) the cost of implementing each decision
referred to in subparagraph (A); and</DELETED>
<DELETED> (C) the cost of replacing such a critical
path element after the applicable decision point has
passed, if--</DELETED>
<DELETED> (i) the decision at that point is
not to replace that element; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D)(i) the source of the funds necessary
to implement the contingency plan; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 204. NATIONAL RESEARCH COUNCIL STUDY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the engineering challenges posed by--
</DELETED>
<DELETED> (A) extravehicular (commonly referred to
as ``EVA'') requirements; and</DELETED>
<DELETED> (B) space launch requirements of the
United States and other foreign countries;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) the requirement to decommission and
disassemble the Space Station.</DELETED>
<DELETED> (c) Reports.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 205. LIMITATION ON THE INTERNATIONAL SPACE STATION
BUDGET.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) research;</DELETED>
<DELETED> (ii) design;</DELETED>
<DELETED> (iii) construction;</DELETED>
<DELETED> (iv) delivery;</DELETED>
<DELETED> (v) launch;</DELETED>
<DELETED> (vi) operation;</DELETED>
<DELETED> (vii) assembly; and</DELETED>
<DELETED> (viii) disassembly.</DELETED>
<DELETED>TITLE III--MISCELLANEOUS PROVISIONS</DELETED>
<DELETED>SEC. 301. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.</DELETED>
<DELETED> (a) Declaration of Policy and Purpose.--Section 102 of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is
amended--</DELETED>
<DELETED> (1) by striking subsection (f);</DELETED>
<DELETED> (2) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively; and</DELETED>
<DELETED> (3) in subsection (g), as redesignated by
paragraph (1) of this subsection, by striking ``(f), and (g)''
and inserting ``and (f)''.</DELETED>
<DELETED> (b) Reports to Congress.--Section 206(a) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is amended--
</DELETED>
<DELETED> (1) by striking ``January'' and inserting ``May'';
and</DELETED>
<DELETED> (2) by striking ``calendar'' and inserting
``fiscal''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 302. ACQUISITION OF SPACE SCIENCE DATA.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Space Science Data.--For purposes of this section, the
term ``space science data'' includes--</DELETED>
<DELETED> (1) scientific data concerning the elemental and
mineralogical resources of the moon, asteroids, planets and
their moons, and comets;</DELETED>
<DELETED> (2) Earth environmental data obtained through
remote sensing observations; and</DELETED>
<DELETED> (3) solar storm monitoring.</DELETED>
<DELETED> (c) Safety Standards.--Nothing in this section shall be
construed to prohibit the Federal Government from requiring compliance
with applicable safety standards.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 303. ACQUISITION OF EARTH SCIENCE DATA.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Safety Standards.--Nothing in this section shall be
construed to prohibit the Federal Government from requiring compliance
with applicable safety standards.</DELETED>
<DELETED>SEC. 304. SHUTTLE PRIVATIZATION.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) the findings and recommendations of the
Independent Shuttle Management Review Team; and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the Federal Government or the Shuttle
contractor should own the Shuttle orbiters and Shuttle
ground facilities;</DELETED>
<DELETED> (B)(i) commercial payloads should be
allowed to be launched on the Shuttle; and</DELETED>
<DELETED> (ii) any classes of payloads should be
made ineligible for launch consideration;</DELETED>
<DELETED> (C) the public interest requires that
certain Shuttle functions continue to be performed by
the Federal Government; and</DELETED>
<DELETED> (D) privatization of the Shuttle would
produce any significant cost saving, and if so, the
estimated amount of those cost savings.</DELETED>
<DELETED>SEC. 305. LAUNCH VOUCHER DEMONSTRATION PROGRAM
AMENDMENTS.</DELETED>
<DELETED> Section 504 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is
amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``the Office of Commercial
Programs within''; and</DELETED>
<DELETED> (B) by striking ``Such program shall not
be effective after September 30, 1995.'';</DELETED>
<DELETED> (2) by striking subsection (c); and</DELETED>
<DELETED> (3) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.</DELETED>
<DELETED>SEC. 306. USE OF EXISTING FACILITIES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) consider whether there is available to the
Administrator for use for meeting those requirements--
</DELETED>
<DELETED> (A) any military installation that is
closed or being closed;</DELETED>
<DELETED> (B) any facility at an installation
referred to in subparagraph (A); or</DELETED>
<DELETED> (C) any other facility that the
Administrator determines to be--</DELETED>
<DELETED> (i) owned or leased by the United
States for the use of another agency of the
Federal Government; and</DELETED>
<DELETED> (ii) considered by the head of the
agency involved--</DELETED>
<DELETED> (I) to be excess to the
needs of that agency; or</DELETED>
<DELETED> (II) to be underutilized
by that agency; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Administrator considers, pursuant to
subsection (a), to be available to the Administrator for use to
meet those requirements; and</DELETED>
<DELETED> (2) meet the management needs of the National
Aeronautics and Space Administration.</DELETED>
<DELETED>SEC. 307. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS
BASED ON SUBSTANTIAL EVIDENCE OF FRAUD.</DELETED>
<DELETED> Section 2307(h)(8) of title 10, United States Code, is
amended by striking ``and (4)'' and inserting ``(4), and
(6)''.</DELETED>
<DELETED>SEC. 308. NEXT GENERATION INTERNET.</DELETED>
<DELETED> 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).</DELETED>
<DELETED>SEC. 309. NOTICE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 310. SENSE OF CONGRESS ON THE YEAR 2000
PROBLEM.</DELETED>
<DELETED> With the year 2000 rapidly approaching, it is the sense of
Congress that the Administrator should--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) develop contingency plans for those systems
that the National Aeronautics and Space Administration is
unable to correct by the year 2000.</DELETED>
<DELETED>SEC. 311. UNITARY WIND TUNNEL PLAN ACT OF 1949
AMENDMENTS.</DELETED>
<DELETED> The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511 et
seq.) is amended--</DELETED>
<DELETED> (1) in section 101 by striking ``transsonic and
supersonic'' and inserting ``transsonic, supersonic, and
hypersonic''; and</DELETED>
<DELETED> (2) in section 103--</DELETED>
<DELETED> (A) in subsection (a)--</DELETED>
<DELETED> (i) by striking ``laboratories''
and inserting ``laboratories and centers'';
and</DELETED>
<DELETED> (ii) by striking ``supersonic''
and inserting ``transsonic, supersonic, and
hypersonic''; and</DELETED>
<DELETED> (B) in subsection (c), by striking
``laboratory'' and inserting ``facility''.</DELETED>
<DELETED>SEC. 312. ENHANCEMENT OF SCIENCE AND MATHEMATICS
PROGRAMS.</DELETED>
<DELETED> (a) Definitions.--In this section--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) School.--The term ``school'' means a public or
private educational institution that serves any of the grades
of kindergarten through grade 12.</DELETED>
<DELETED> (b) Sense of Congress.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 313. AUTHORITY TO VEST TITLE.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``authority to vest title to tangible personal property for
research or technology development</DELETED>
<DELETED> ``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--</DELETED>
<DELETED> ``(1) the primary purpose of the participant is to
conduct scientific research or technology
development;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) the vesting of the title in the participant
is made--</DELETED>
<DELETED> ``(A) on the condition that the United
States Government will not incur any further
obligation; and</DELETED>
<DELETED> ``(B) subject to any other condition that
the Administrator considers to be
appropriate.''.</DELETED>
<DELETED>SEC. 314. NASA MID-RANGE PROCUREMENT TEST PROGRAM.</DELETED>
<DELETED> Section 5062 of the Federal Acquisition Streamlining Act
of 1994 (108 Stat. 3356) is amended--</DELETED>
<DELETED> (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.'';</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> ``(1) of $2,000,000 or less; or</DELETED>
<DELETED> ``(2) if options to purchase are involved, of
$10,000,000 or less.'';</DELETED>
<DELETED> (3) in subsection (c), by striking
``$100,000,000'' and inserting ``$500,000,000''; and</DELETED>
<DELETED> (4) in subsection (f), by striking ``4 years'' and
inserting ``6 years''.</DELETED>
<DELETED>SEC. 315. SPACE ADVERTISING.</DELETED>
<DELETED> (a) Definition.--Section 70102 of title 49, United States
Code, is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (8) through (12)
as paragraphs (9) through (13), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (7) the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Prohibition.--Chapter 701 of title 49, United States
Code, is amended by inserting after section 70109 the following new
section:</DELETED>
<DELETED>``Sec. 70109a. Space advertising</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) issue or transfer a license under this
chapter; or</DELETED>
<DELETED> ``(2) waive the license requirements of this
chapter.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Commercial Space Advertising.--Nothing in this
section shall apply to nonobtrusive commercial space advertising,
including advertising on--</DELETED>
<DELETED> ``(1) commercial space transportation
vehicles;</DELETED>
<DELETED> ``(2) space infrastructure, payloads;</DELETED>
<DELETED> ``(3) space launch facilities; and</DELETED>
<DELETED> ``(4) launch support facilities.''.</DELETED>
<DELETED> (c) Negotiation With Foreign Launching Nations.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) As used in this subsection, the term ``foreign
launching nation'' means a nation--</DELETED>
<DELETED> (A) that launches, or procures the
launching of, a payload into outer space; or</DELETED>
<DELETED> (B) from the territory or facility of
which a payload is launched into outer space.</DELETED>
<DELETED> (d) Clerical Amendment.--The table of sections for chapter
701 is amended by inserting after the item relating to section 70109
the following:</DELETED>
<DELETED> ``70109a. Space advertising.''.
<DELETED>SEC. 316. ADMINISTRATION OF COMMERCIAL SPACE CENTER
PROGRAM.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 317. INSURANCE; INDEMNIFICATION; LIABILITY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Terms and Conditions.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Insurance.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) the United States Government
for damage or loss to Government property
resulting from such an activity.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Cross-Waivers.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Limitations.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) Administration.--The term ``Administration''
means the National Aeronautics and Space
Administration.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Developer.--The term ``developer'' means a
person (other than a natural person) who--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) owns or provides property to be flown
or situated on that vehicle; or</DELETED>
<DELETED> (C) employs a natural person to be flown
on that vehicle.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Relationship to Other Laws.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Termination.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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, 1999, and 2000''.
(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. Cost limitation for the International Space Station.
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) $2,328,300,000 for fiscal year 1998, of which
$221,300,000 shall be used only for Space Station
research;
(B) $2,270,000,000 for fiscal year 1999, of which
$374,200,000 shall be used only for Space Station
research; and
(C) $2,134,000,000 for fiscal year 2000;
(2) for Russian Program Assurance, $50,000,000 for fiscal
year 1998;
(3) for space shuttle operations--
(A) $2,369,400,000 for fiscal year 1998;
(B) $2,487,400,000 for fiscal year 1999; and
(C) $2,562,000,000 for fiscal year 2000;
(4) for space shuttle safety and performance upgrades--
(A) $553,400,000 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;
(B) $571,600,000 for fiscal year 1999, including
related construction of facilities of which--
(i) $2,300,000 shall be used to refurbish
the fixed support structure elevator system,
Pad A, Kennedy Space Center;
(ii) $1,500,000 shall be used to refurbish
flame deflector and trench, Pad A, Kennedy
Space Center;
(iii) $2,000,000 shall be used for the
rehabilitation of a 480V electrical
distribution system, External Tank
Manufacturing Building, Michoud Assembly
Facility; and
(iv) $1,800,000 shall be used to repair
Cleaning Cell E, Vertical Assembly Building,
Michoud Assembly Facility; and
(C) $588,700,000 for fiscal year 2000; and
(5) for payload and utilization operations--
(A) $205,400,000 for fiscal year 1998;
(B) $182,000,000 for fiscal year 1999; and
(C) $187,500,000 for fiscal year 2000.
(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 subsection before March 31, 1998; and
(2) $828,300,000 shall be made available after that date.
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) $2,033,800,000 for fiscal year 1998, of which--
(i) $57,300,000 shall be used for the
gravity probe B;
(ii) $1,200,000 shall be used for the Near
Earth Object Survey; and
(iii) $540,400,000 shall be used for
mission operations and data analysis, of which
$150,000,000 may be used for data analysis;
(B) $2,058,400,000 for fiscal year 1999; and
(C) $2,207,400,000 for fiscal year 2000;
(2) for life and microgravity sciences and applications--
(A) $214,200,000 for fiscal year 1998, of which
$2,000,000 shall be for research and early detection
systems for breast and ovarian cancer and other women's
health issues;
(B) $242,000,000 for fiscal year 1999, of which
$2,000,000 shall be for research and early detection
systems for breast and ovarian cancer and other women's
health issues; and
(C) $257,000,000 for fiscal year 2000;
(3) for Mission to Planet Earth--
(A) $1,417,300,000 for fiscal year 1998;
(B) $1,372,000,000 for fiscal year 1999; and
(C) $1,492,000,000 for fiscal year 2000;
(4) for aeronautics and space transportation technology--
(A) $1,483,900,000 for fiscal year 1998, of which--
(i) $920,100,000 shall be used for
aeronautical research and technology, of which
$100,000,000 shall be used for the Aviation
Safety Program;
(ii) $417,100,000 shall be used for
advanced space transportation technology, of
which $318,300,000 shall be used only for the
X-33 advanced technology demonstration vehicle
program; and
(iii) $146,700,000 shall be used for
commercial technology;
(B) $1,305,000,000 for fiscal year 1999, of which--
(i) $786,000,000 shall be used for
aeronautical research and technology, of which
$100,000,000 shall be used for the Aviation
Safety Program;
(ii) $388,600,000 shall be used for
advanced space transportation technology, of
which $282,800,000 shall be used only for the
X-33 advanced technology demonstration vehicle
program; and
(iii) $130,400,000 shall be used for
commercial technology, of which some funds may
be used for the expansion of the NASA business
incubation program which is designed to foster
partnerships between educational institutions
and small high-technology businesses with
preference given to those programs associated
with community colleges; and
(C) $ 1,344,000,000 for fiscal year 2000;
(5) for mission communications services--
(A) $400,800,000 for fiscal year 1998;
(B) $380,000,000 for fiscal year 1999; and
(C) $391,400,000 for fiscal year 2000;
(6) for academic programs--
(A) $130,000,000 for fiscal year 1998, of which--
(i) $19,100,000 shall be used for the
National Space Grant College and Fellowship
Program; and
(ii) $51,400,000 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
$30,000,000 for historically black colleges and
universities;
(B) $100,000,000 for fiscal year 1999, of which
$45,900,000 shall be used for minority university
research and education (at institutions such as
Hispanic-serving institutions and tribally-controlled
community colleges) of which $28,000,000 shall be used
for historically black colleges and universities; and
(C) $103,000,000 for fiscal year 2000;
(7) of the funds authorized in this section $5,900,000 for
fiscal year 1998 shall be used for the construction of
facilities, of which--
(A) $2,200,000 of the funds authorized by paragraph
(2)(A) shall be used for modifications for the
installation of the Bio-Plex facility at the Johnson
Space Center; and
(B) $3,700,000 of the funds authorized by paragraph
(4)(A) shall be used for the rehabilitation and
modification of the B-2 test stand at the Stennis Space
Center; and
(8) of the funds authorized by paragraph (1)(B), $5,600,000
for fiscal year 1999 shall be used for modification of
Stratospheric Observatory for Infrared Astronomy (SOFIA) Ground
Support Facility, Moffit Field, Ames Research 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;
(B) $35,600,000 for fiscal year 1999; and
(C) $35,600,000 for fiscal year 2000;
(2) for space communication services--
(A) $209,200,000 for fiscal year 1998;
(B) $177,000,000 for fiscal year 1999; and
(C) $136,000,000 for fiscal year 2000;
(3)(A) for construction of facilities, including land
acquisition, $134,400,000 for fiscal year 1998, of which--
(i) $2,800,000 shall be used for the rehabilitation
and modification of the hangar and shop of the Dryden
Flight Research Center;
(ii) $2,400,000 shall be used for the restoration
of the chilled water distribution system at the Goddard
Space Flight Center;
(iii) $4,800,000 shall be used for the construction
of emergency services facility at the Jet Propulsion
Laboratory;
(iv) $4,000,000 shall be used for the upgrade of
the Utility Annex Chilled Water Plant, at the Kennedy
Space Center;
(v) $9,000,000 shall be used for the rehabilitation
of the high-voltage system at the Lewis Research
Center;
(vi) $7,000,000 shall be used for the modification
of the chilled water system at the Marshall Space
Flight Center;
(vii) $5,000,000 shall be used for facilities
enhancements at the Stennis Space Center;
(viii) $65,300,000 shall be used for the minor
revitalization of facilities at various locations, not
in excess of $1,500,000 per project;
(ix) $1,100,000 shall be used for minor
construction of new facilities and additions to
existing facilities at various locations;
(x) $19,000,000 shall be used for facility planning
and design, not otherwise provided for; and
(xi) $14,000,000 shall be used for environmental
compliance and restoration;
(B) $165,000,000 shall be used for construction of
facilities, including land acquisition, for fiscal year 1999,
of which--
(i) $2,700,000 shall be used for the modernization
of the process cooling system, Numerical Aerodynamic
Simulation Facility, Ames Research Center;
(ii) $2,200,000 shall be used for the restoration
of the electrical distribution system, Ames Research
Center;
(iii) $2,000,000 shall be used for the restoration
of the site steam distribution system, Goddard Space
Flight Center;
(iv) $5,000,000 shall be used for restoration of
the Space/Terrestrial Application Facility, Goddard
Space Flight Center;
(v) $5,000,000 shall be used for construction of
the In-Situ Instruments Laboratory, Jet Propulsion
Laboratory;
(vi) $3,000,000 shall be used for the replacement
of the central plant chilled water equipment. Johnson
Space Center;
(vii) $2,200,000 shall be used for the replacement
of the high voltage load break switches, Kennedy Space
Center;
(viii) $1,900,000 shall be used for the upgrade of
the utility annex chilled water plant, Kennedy Space
Center;
(ix) $3,100,000 shall be used for the
rehabilitation of the Instrument Research Laboratory,
Langley Research Center;
(x) $8,300,000 shall be used for the rehabilitation
of the high voltage system, Lewis Research Center;
(xi) $7,200,000 shall be used for the modification
of the chilled water system, Marshall Space Flight
Center;
(xii) $68,400,000 shall be used for minor
revitalization of facilities at various locations, not
in excess of $1,500,000 per project;
(xiii) $14,000,000 shall be used for facility
planning and design, not otherwise provided for;
(xiv) $40,000,000 shall be used for environmental
compliance and restoration; and
(C) $165,000,000 shall be used for construction of
facilities, including land acquisition, for fiscal year 2000;
and
(4) for research and program management, including
personnel and related costs, travel, and research operations
support--
(A) $2,051,800,000 for fiscal year 1998;
(B) $2,099,000,000 for fiscal year 1999; and
(C) $2,079,000,000 for fiscal year 2000.
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;
(2) $20,000,000 for fiscal year 1999; and
(3) $20,000,000 for fiscal year 2000.
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(4)(A), clauses (i) through
(iv) of section 101(4)(B), 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), clauses (i) through (iv) of section 101(4)(B),
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, 1999, and 2000,
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, 1999, and 2000;
(E) the specific policies and initiatives that the
Administrator is advancing to encourage and facilitate
the commercial opportunities referred to in
subparagraph (A);
(F) the revenues and cost reimbursements to the
Federal Government from commercial users of the
International Space Station; and
(G) the specific policies, procedures, and
initiatives the Administrator is advancing to encourage
and facilitate the commercial use of the Space Shuttle
and the Space Station, including the procedures for
handling commercial requests which require the use of
non-government payload specialists.
(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 ``FGB''.
(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.
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. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION
(a) Limitation of Costs.--Except as provided in subsection (b), the
total amount appropriated for--
(1) development of the International Space Station through
completion of assembly may not exceed $21,900,000,000; and
(2) space shuttle launch costs in connection with the
assembly of the International Space Station through completion
of assembly may not exceed $17,700,000,000.
(b) Automatic Increase of Limitation Amount.--The amounts set forth
in subsection (a) shall each be increased to reflect any increase in
costs attributable to--
(1) economic inflation;
(2) compliance with changes in Federal, State, or local
laws enacted; and
(3) the lack of performance or the termination of
participation of any of the International countries
participating in the International Space Station.
(c) Notice of Changes.--The Administrator shall provide written
notice of any changes under subsection (b) to the amounts set forth in
subsection (a) to the Senate Committees on Appropriations and on
Commerce, Science, and Transportation and to the House of
Representatives Committees on Appropriations and on Science. The
written notice shall include--
(1) an explanation of the basis for the change;
(2) an analysis of the impact of not receiving requested
increase; and
(3) a cost estimate certified by the Administrator.
(d) Earmarking.--The Administrator shall identify as part of the
overall Shuttle program budget request for each fiscal year, the amount
of the requested funding that is to be used for assembly of the
International Space Station.
(e) Technologies Increase.--The amounts set forth in subsection (a)
may be increased to allow for new technologies incorporated in the
design of the International Space Station and associated hardware which
would improve safety, reliability, maintainability, and availability
which may include on-orbit assembly sequence problems, or reduce cost
after assembly is completed. The proposed increase shall include a
cost-benefit analysis along with the requirements of subsection (c).
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 savings, 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.
(c) Underutilized Infrastructure.--The United States space launch
industry has identified underutilized infrastructure at the Stennis
Space Center for potential use in launch vehicle development
activities. The proposed use of this infrastructure is compatible with
the Center's propulsion test programs and consistent with other efforts
to optimize taxpayer investments while fostering United States
competitiveness and commercial use of space. The National Aeronautics
and Space Administration is encouraged to pursue an appropriate method
for making the underutilized Stennis Space Center infrastructure
available under suitable terms and conditions, if so requested by
industry, and to notify the United States Senate Committee on Commerce,
Science, and Transportation and the United States House of
Representatives Committee on Science if existing Administration
authority is insufficient for this purpose.
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 Centers.
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.
Amend the title so as to read ``A Bill to authorize
appropriations for the National Aeronautics and Space
Administration for fiscal years 1998, 1999, and 2000, and for
other purposes.''