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H.R. 1275 (ih) To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 1998 and 1999, and for other purposes. ...


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105th CONGRESS

  1st Session

                               H. R. 1275

_______________________________________________________________________

                                 AN ACT

  To authorize appropriations for the National Aeronautics and Space 
 Administration for fiscal years 1998 and 1999, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  1st Session
                                H. R. 1275

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                       Subtitle A--Authorizations

Sec. 101. Human space flight.
Sec. 102. Science, aeronautics, and technology.
Sec. 103. Mission support.
Sec. 104. Inspector General.
Sec. 105. Total authorization.
Sec. 106. Office of Commercial Space Transportation authorization.
Sec. 107. Office of Space Commerce.
Sec. 108. United States-Mexico Foundation for Science.
     Subtitle B--Restructuring the National Aeronautics and Space 
                             Administration

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

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

Sec. 201. Findings.
Sec. 202. Commercialization of Space Station.
Sec. 203. Space Station accounting reports.
Sec. 204. Report on international hardware agreements.
Sec. 205. International Space Station limitations.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Commercial space launch amendments.
Sec. 302. Requirement for independent cost analysis.
Sec. 303. Office of Space Commerce.
Sec. 304. National Aeronautics and Space Act of 1958 amendments.
Sec. 305. Procurement.
Sec. 306. Acquisition of space science data.
Sec. 307. Commercial space goods and services.
Sec. 308. Acquisition of earth science data.
Sec. 309. EOSDIS report.
Sec. 310. Shuttle privatization.
Sec. 311. Launch voucher demonstration program amendments.
Sec. 312. Use of abandoned and underutilized buildings, grounds, and 
                            facilities.
Sec. 313. Cost effectiveness calculations.
Sec. 314. Foreign contract limitation.
Sec. 315. Authority to reduce or suspend contract payments based on 
                            substantial evidence of fraud.
Sec. 316. Next Generation Internet.
Sec. 317. Limitations.
Sec. 318. Notice.
Sec. 319. Sense of Congress on the Year 2000 problem.
Sec. 320. National Oceanographic Partnership Program.
Sec. 321. National Science Foundation Antarctic Program.
Sec. 322. Buy American.
Sec. 323. Unitary Wind Tunnel Plan Act of 1949 amendments.

SEC. 2. FINDINGS.

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

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration;
            (2) the term ``commercial provider'' means any person 
        providing space transportation services or other space-related 
        activities, primary control of which is held by persons other 
        than Federal, State, local, and foreign governments;
            (3) the term ``institution of higher education'' has the 
        meaning given such term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a));
            (4) the term ``State'' means each of the several States of 
        the Union, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession of the United States; 
        and
            (5) the term ``United States commercial provider'' means a 
        commercial provider, organized under the laws of the United 
        States or of a State, which is--
                    (A) more than 50 percent owned by United States 
                nationals; or
                    (B) a subsidiary of a foreign company and the 
                Secretary of Transportation finds that--
                            (i) such subsidiary has in the past 
                        evidenced a substantial commitment to the 
                        United States market through--
                                    (I) investments in the United 
                                States in long-term research, 
                                development, and manufacturing 
                                (including the manufacture of major 
                                components and subassemblies); and
                                    (II) significant contributions to 
                                employment in the United States; and
                            (ii) the country or countries in which such 
                        foreign company is incorporated or organized, 
                        and, if appropriate, in which it principally 
                        conducts its business, affords reciprocal 
                        treatment to companies described in 
                        subparagraph (A) comparable to that afforded to 
                        such foreign company's subsidiary in the United 
                        States, as evidenced by--
                                    (I) providing comparable 
                                opportunities for companies described 
                                in subparagraph (A) to participate in 
                                Government sponsored research and 
                                development similar to that authorized 
                                under this Act;
                                    (II) providing no barriers to 
                                companies described in subparagraph (A) 
                                with respect to local investment 
                                opportunities that are not provided to 
                                foreign companies in the United States; 
                                and
                                    (III) providing adequate and 
                                effective protection for the 
                                intellectual property rights of 
                                companies described in subparagraph 
                                (A).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. HUMAN SPACE FLIGHT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Human Space Flight the following amounts:
            (1) For the Space Station--
                    (A) for fiscal year 1998, $2,121,300,000, of which 
                $400,500,000, notwithstanding section 121(a)--
                            (i) shall only be for Space Station 
                        research or for the purposes described in 
                        section 102(2); and
                            (ii) shall be administered by the Office of 
                        Life and Microgravity Sciences and 
                        Applications; and
                    (B) for fiscal year 1999, $2,109,200,000, of which 
                $496,200,000, notwithstanding section 121(a)--
                            (i) shall only be for Space Station 
                        research or for the purposes described in 
                        section 102(2); and
                            (ii) shall be administered by the Office of 
                        Life and Microgravity Sciences and 
                        Applications.
            (2) For Space Shuttle Operations--
                    (A) for fiscal year 1998, $2,494,400,000; and
                    (B) for fiscal year 1999, $2,625,600,000.
            (3) For Space Shuttle Safety and Performance Upgrades--
                    (A) for fiscal year 1998, $483,400,000, including 
                related Construction of Facilities for--
                            (i) Repair of Payload Changeout Room Wall 
                        in Ceiling, Pad A, Kennedy Space Center, 
                        $2,200,000;
                            (ii) Restoration of Pad Surface and Slope, 
                        Kennedy Space Center, $1,800,000; and
                            (iii) Rehabilitation of 480V Electrical 
                        Distribution System, Kennedy Space Center, 
                        $2,800,000; and

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