Home > 105th Congressional Bills > H.R. 1275 (ih) To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 1998 and 1999, and for other purposes. ...H.R. 1275 (ih) To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 1998 and 1999, and for other purposes. ...
rehabilitation of, or modification of existing facilities at any
location in support of the purposes for which such funds are
authorized.
(b) Limitation.--No funds may be expended pursuant to subsection
(a) for a project, the estimated cost of which to the National
Aeronautics and Space Administration, including collateral equipment,
exceeds $500,000, until 30 days have passed after the Administrator has
notified the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate of
the nature, location, and estimated cost to the National Aeronautics
and Space Administration of such project.
(c) Title to Facilities.--If funds are used pursuant to subsection
(a) for grants to institutions of higher education, or to nonprofit
organizations whose primary purpose is the conduct of scientific
research, for purchase or construction of additional research
facilities, title to such facilities shall be vested in the United
States unless the Administrator determines that the national program of
aeronautical and space activities will best be served by vesting title
in the grantee institution or organization. Each such grant shall be
made under such conditions as the Administrator shall determine to be
required to ensure that the United States will receive therefrom
benefits adequate to justify the making of that grant.
SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appropriations
authorized under subtitle A may remain available without fiscal year
limitation.
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
(a) In General.--Appropriations authorized for construction of
facilities under section 101(3)(A) (i) through (iii), 102 (2)(A)(ii)
and (4)(A)(ii)(I), or 103(3)--
(1) may be varied upward by 10 percent in the discretion of
the Administrator; or
(2) may be varied upward by 25 percent, to meet unusual
cost variations, after the expiration of 15 days following a
report on the circumstances of such action by the Administrator
to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate.
The aggregate amount authorized to be appropriated for construction of
facilities under sections 101(3)(A) (i) through (iii), 102 (2)(A)(ii)
and (4)(A)(ii)(I), and 103(3) shall not be increased as a result of
actions authorized under paragraphs (1) and (2) of this subsection.
(b) Special Rule.--Where the Administrator determines that new
developments in the national program of aeronautical and space
activities have occurred; and that such developments require the use of
additional funds for the purposes of construction, expansion, or
modification of facilities at any location; and that deferral of such
action until the enactment of the next National Aeronautics and Space
Administration authorization Act would be inconsistent with the
interest of the Nation in aeronautical and space activities, the
Administrator may use up to $10,000,000 of the amounts authorized under
sections 101(3)(A) (i) through (iii), 102 (2)(A)(ii) and (4)(A)(ii)(I),
and 103(3) for each fiscal year for such purposes. No such funds may be
obligated until a period of 30 days has passed after the Administrator
has transmitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of the House
of Representatives a written report describing the nature of the
construction, its costs, and the reasons therefor.
SEC. 124. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of law--
(1) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program for which the
President's annual budget request included a request for
funding, but for which the Congress denied or did not provide
funding;
(2) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program in excess of
the amount actually authorized for the particular program under
this title; and
(3) no amount appropriated to the National Aeronautics and
Space Administration may be used for any program which has not
been presented to the Congress in the President's annual budget
request or the supporting and ancillary documents thereto,
unless a period of 30 days has passed after the receipt by the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate of notice given
by the Administrator containing a full and complete statement of the
action proposed to be taken and the facts and circumstances relied upon
in support of such proposed action. The National Aeronautics and Space
Administration shall keep the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate fully and currently informed with respect
to all activities and responsibilities within the jurisdiction of those
committees. Except as otherwise provided by law, any Federal
department, agency, or independent establishment shall furnish any
information requested by either committee relating to any such activity
or responsibility.
SEC. 125. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.
(a) Reports to Congress.--
(1) Requirement.--Not later than--
(A) 30 days after the later of the date of the
enactment of an Act making appropriations to the
National Aeronautics and Space Administration for
fiscal year 1998 and the date of the enactment of this
Act; and
(B) 30 days after the date of the enactment of an
Act making appropriations to the National Aeronautics
and Space Administration for fiscal year 1999,
the Administrator shall submit a report to Congress and to the
Comptroller General.
(2) Contents.--The reports required by paragraph (1) shall
specify--
(A) the portion of such appropriations which are
for programs, projects, or activities not authorized
under subtitle A of this title, or which are in excess
of amounts authorized for the relevant program,
project, or activity under this Act; and
(B) the portion of such appropriations which are
authorized under this Act.
(b) Federal Register Notice.--The Administrator shall, coincident
with the submission of each report required by subsection (a), publish
in the Federal Register a notice of all programs, projects, or
activities for which funds are appropriated but which were not
authorized under this Act, and solicit public comment thereon regarding
the impact of such programs, projects, or activities on the conduct and
effectiveness of the national aeronautics and space program.
(c) Limitation.--Notwithstanding any other provision of law, no
funds may be obligated for any programs, projects, or activities of the
National Aeronautics and Space Administration for fiscal year 1998 or
1999 not authorized under this Act until 30 days have passed after the
close of the public comment period contained in a notice required by
subsection (b).
SEC. 126. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES.
Not more than $30,000 of the funds appropriated under section 102
may be used for scientific consultations or extraordinary expenses,
upon the authority of the Administrator.
SEC. 127. MISSION TO PLANET EARTH LIMITATION.
No funds appropriated pursuant to this Act shall be used for Earth
System Science Pathfinders for a fiscal year unless the Administrator
has certified to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that at least $50,000,000 are available
for that fiscal year for obligations by the Commercial Remote Sensing
Program at Stennis Space Center for commercial data purchases under
section 308(a). No funds appropriated pursuant to section 102(3)
shall--
(1) be transferred to any museum; or
(2) be used for the United States Man and the Biosphere
Program, or related projects.
SEC. 128. SPACE OPERATIONS.
No funds appropriated pursuant to this Act shall be used for Phase
Two of the Consolidated Space Operations Contract until a period of 30
days has passed after the Administrator has transmitted to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a written report
which--
(1) compares the cost-effectiveness of the single cost-plus
contract approach of the Consolidated Space Operations Contract
and a multiple fixed-price contracts approach;
(2) analyzes the differences in the competition generated
through the bidding process used for the Consolidated Space
Operations Contract as opposed to multiple fixed-price
contracts; and
(3) describes how the Consolidated Space Operations
Contract can be transformed into fixed-price contracts, and
whether the National Aeronautics and Space Administration
intends to make such a transition.
SEC. 129. INTERNATIONAL SPACE UNIVERSITY.
Funds appropriated pursuant to this Act may be used by the National
Aeronautics and Space Administration to pay the tuition expenses of any
National Aeronautics and Space Administration employee attending
programs of the International Space University held in the United
States. Funds appropriated pursuant to this Act may not be used to pay
tuition costs of the National Aeronautics and Space Administration
employees attending programs of the International Space University
outside of the United States.
TITLE II--INTERNATIONAL SPACE STATION
SEC. 201. FINDINGS.
The Congress finds that--
(1) the development, assembly, and operation of the
International Space Station is in the national interest of the
United States;
(2) the significant involvement by 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 will
lower costs and increase benefits to the international
partners; and
(3) when completed, the International Space Station will be
the largest, most capable microgravity research facility ever
developed. It will provide a lasting framework for conducting
large-scale science programs with international partners and it
is the next step in the human exploration of space. The United
States should commit to completing this program, thereby
reaping the benefits of scientific research and international
cooperation.
SEC. 202. COMMERCIALIZATION OF SPACE STATION.
(a) Policy.--The Congress declares that a priority goal of
constructing the International Space Station is the economic
development of Earth orbital space. The Congress further declares that
free and competitive markets create the most efficient conditions for
promoting economic development, and should therefore govern the
economic development of Earth orbital space. The Congress further
declares that the use of free market principles in operating,
servicing, allocating the use of, and adding capabilities to the Space
Station, and the resulting fullest possible engagement of commercial
providers and participation of commercial users, will reduce Space
Station operational costs for all partners and the Federal Government's
share of the United States burden to fund operations.
(b) Reports.--(1) The Administrator shall deliver to the Committee
on Science of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, within 90 days
after the date of the enactment of this Act, a study that identifies
and examines--
(A) the opportunities for commercial 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 these
activities;
(C) which of the opportunities described in subparagraph
(A) the Administrator plans to make available to commercial
providers in fiscal year 1998 and 1999;
(D) the specific policies and initiatives the Administrator
is advancing to encourage and facilitate these commercial
opportunities; and
(E) the revenues and cost reimbursements to the Federal
Government from commercial users of the Space Station.
(2) The Administrator shall deliver to the Committee on Science of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, within 180 days after the date of the
enactment of this Act, an independently-conducted market study that
examines and evaluates potential industry interest in providing
commercial goods and services for the operation, servicing, and
augmentation of the International Space Station, and in the commercial
use of the International Space Station. This study shall also include
updates to the cost savings and revenue estimates made in the study
described in paragraph (1) based on the external market assessment.
(3) The Administrator shall deliver to the Congress, no later than
the submission of the President's annual budget request for fiscal year
1999, a report detailing how many proposals (whether solicited or not)
the National Aeronautics and Space Administration received during
calendar year 1997 regarding commercial operation, servicing,
utilization, or augmentation of the International Space Station, broken
down by each of these four categories, and specifying how many
agreements the National Aeronautics and Space Administration has
entered into in response to these proposals, also broken down by these
four categories.
SEC. 203. SPACE STATION ACCOUNTING REPORTS.
(a) Initial Report.--Not later than 90 days after the date of the
enactment of this Act, the Administrator shall transmit to the Congress
a report containing a description of all Space Station-related
agreements entered into by the United States with a foreign entity
after September 30, 1993, along with--
(1) a complete accounting of all costs to the United States
incurred during fiscal years 1994 through 1996 pursuant to each
such agreement; and
(2) an estimate of future costs to the United States
pursuant to each such agreement.
(b) Annual Reports.--Not later than 60 days after the end of each
fiscal year beginning with fiscal year 1997, the Administrator shall
transmit to the Congress a report containing a description of all Space
Station-related agreements entered into by the United States with a
foreign entity during the preceding fiscal year, along with--
(1) a complete accounting of all costs to the United States
incurred during that fiscal year pursuant to each such
agreement; and
(2) an estimate of future costs to the United States
pursuant to each such agreement.
SEC. 204. REPORT ON INTERNATIONAL HARDWARE AGREEMENTS.
Not later than 90 days after the date of the enactment of this Act,
the Administrator shall transmit to the Committee on Science of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on--
(1) agreements that have been reached with foreign entities
to transfer to a foreign entity the development and manufacture
of International Space Station hardware baselined to be
provided by the United States; and
(2) the impact of those agreements on United States
operating costs and United States utilization shares of the
International Space Station.
At least 90 days before entering into any additional agreements of the
type described in paragraph (1), the Administrator shall report to the
Committee on Science of the House of Representatives and the Committee
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