79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–843

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

AUTHORIZATION ACT OF 2000

SEPTEMBER 12, 2000.—Ordered to be printed

Mr. SENSENBRENNER, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 1654]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R.

1654), to authorize appropriations for the National Aeronautics and

Space Administration for fiscal years 2000, 2001, and 2002, and for

other purposes, having met, after full and free conference, have

agreed to recommend and do recommend to their respective Houses

as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the Senate

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National Aeronautics and Space Administration Authorization Act of 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.

Sec. 105. Total authorization.

Subtitle B—Limitations and Special Authority

Sec. 121. Use of funds for construction.

Sec. 122. Availability of appropriated amounts.

2

Sec. 123. Reprogramming for construction of facilities.

Sec. 124. Use of funds for scientific consultations or extraordinary expenses.

Sec. 125. Earth science limitation.

Sec. 126. Competitiveness and international cooperation.

Sec. 127. Trans-Hab.

Sec. 128. Consolidated space operations contract.

TITLE II—INTERNATIONAL SPACE STATION

Sec. 201. International Space Station contingency plan.

Sec. 202. Cost limitation for the International Space Station.

Sec. 203. Research on International Space Station.

Sec. 204. Space station commercial development demonstration program.

Sec. 205. Space station management.

TITLE III—MISCELLANEOUS

Sec. 301. Requirement for independent cost analysis.

Sec. 302. National Aeronautics and Space Act of 1958 amendments.

Sec. 303. Commercial space goods and services.

Sec. 304. Cost effectiveness calculations.

Sec. 305. Foreign contract limitation.

Sec. 306. Authority to reduce or suspend contract payments based on substantial

evidence of fraud.

Sec. 307. Space shuttle upgrade study.

Sec. 308. Aero-space transportation technology integration.

Sec. 309. Definitions of commercial space policy terms.

Sec. 310. External tank opportunities study.

Sec. 311. Notice.

Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments.

Sec. 313. Innovative technologies for human space flight.

Sec. 314. Life in the universe.

Sec. 315. Carbon cycle remote sensing applications research.

Sec. 316. Remote sensing for agricultural and resource management.

Sec. 317. 100th Anniversary of Flight educational initiative.

Sec. 318. Internet availability of information.

Sec. 319. Sense of the Congress; requirement regarding notice.

Sec. 320. Anti-drug message on Internet sites.

Sec. 321. Enhancement of science and mathematics programs.

Sec. 322. Space advertising.

Sec. 323. Aeronautical research.

Sec. 324. Insurance, indemnification and cross-waivers.

Sec. 325. Use of abandoned, underutilized, and excess buildings, grounds, and facilities.

SEC. 2. FINDINGS.

The 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, and convergence

with defense and commercial sector systems, while sustaining

safety standards for personnel and hardware.

(2) The United States is on the verge of creating and using

new technologies in microsatellites, information processing, and

space transportation that could radically alter the manner in

which the Federal Government approaches its space mission.

(3) The overwhelming preponderance of the Federal Government’s requirements for routine, 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.

(4) 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 techVerDate 11-MAY-2000 07:17 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6603 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
3

nologies including reusable space vehicles and human space

systems.

(5) 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.

(6) International cooperation in space exploration and

science activities most effectively 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—

(i) is undertaken in a manner that is sensitive to

the desire of United States commercial providers to develop or explore space commercially;

(ii) is consistent with the need for Federal agencies

to use space to complete their missions; and

(iii) is carried out in a manner consistent with

United States export control laws.

(7) 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.

(8) The space shuttle will remain for the foreseeable future

the Nation’s only means of safe and reliable crewed access to

space. As a result, the Congress is committed to funding upgrades designed to improve the shuttle’s safety and reliability.

The National Aeronautics and Space Administration should

continue to provide appropriate levels of funding in its annual

budget requests to meet the schedule for completing the highpriority upgrades in a timely manner.

(9) The Deep Space Network will continue to be a critically

important part of the Nation’s scientific and exploration infrastructure in the coming decades, and the National Aeronautics

and Space Administration should ensure that the Network is

adequately maintained and that upgrades required to support

future missions are undertaken in a timely manner.

(10) The Hubble Space Telescope has proven to be an important national astronomical research facility that is revolutionizing our understanding of the universe and should be kept

productive, and its capabilities should be maintained and enhanced as appropriate to serve as a scientific bridge to the next

generation of space-based observatories.

(11) The National Aeronautics and Space Administration is

to be commended for its successful efforts to transfer mobile roVerDate 11-MAY-2000 07:17 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6603 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
4

botics technologies to the United States industry through its existing 5-year commitment to the National Robotics Engineering

Consortium (NREC). One of the attractive features of this activity has been NREC’s ability to attract private sector matching

funds for its government-sponsored projects. The National Aeronautics and Space Administration should give strong consideration to a continuation of its commitment to NREC after the

current agreement expires.

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, the primary control of which is held by persons other

than a Federal, State, local, or foreign government;

(3) 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) the term ‘‘grant agreement’’ has the meaning given that

term in section 6302(2) of title 31, United States Code;

(5) the term ‘‘institution of higher education’’ has the meaning given such term in section 101 of the Higher Education Act

of 1965 (20 U.S.C. 1001);

(6) 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; and

(7) 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 Commerce 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 longterm 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 parVerDate 11-MAY-2000 07:17 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6603 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
5

ticipate 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.

(a) FISCAL YEAR 2000.—There are authorized to be appropriated to the National Aeronautics and Space Administration for

Human Space Flight for fiscal year 2000, $5,487,900,000.

(b) FISCAL YEARS 2001 AND 2002.—There are authorized to be

appropriated to the National Aeronautics and Space Administration

for Human Space Flight for fiscal years 2001 and 2002 the following amounts:

(1) For International Space Station—

(A) for fiscal year 2001, $2,114,500,000 of which

$455,400,000, notwithstanding section 121(a)—

(i) shall only be for Space Station research or for

the purposes described in section 102(b)(2); and

(ii) shall be administered by the Office of Life and

Microgravity Sciences and Applications; and

(B) for fiscal year 2002, $1,858,500,000, of which

$451,600,000, notwithstanding section 121(a)—

(i) shall only be for Space Station research or for

the purposes described in section 102(b)(2); and

(ii) shall be administered by the Office of Life and

Microgravity Sciences and Applications.

(2) For Space Shuttle—

(A) for fiscal year 2001, $3,165,700,000, of which

$492,900,000 shall be for Safety and Performance Upgrades; and

(B) for fiscal year 2002, $3,307,800,000.

(3) For Payload and ELV Support—

(A) for fiscal year 2001, $90,200,000; and

(B) for fiscal year 2002, $90,300,000.

(4) For Investments and Support—

(A) for fiscal year 2001, $129,500,000, of which

$20,000,000 shall be for Technology and Commercialization; and

(B) for fiscal year 2002, $131,000,000, of which

$20,000,000 shall be for Technology and Commercialization.

SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

(a) FISCAL YEAR 2000.—There are authorized to be appropriated to the National Aeronautics and Space Administration for

6

Science, Aeronautics, and Technology $5,580,900,000 for fiscal year

2000.

(b) FISCAL YEARS 2001 AND 2002.—There are authorized to be

appropriated to the National Aeronautics and Space Administration

for Science, Aeronautics, and Technology for fiscal years 2001 and

2002 the following amounts:

(1) For Space Science— (A) for fiscal year 2001, $2,417,800,000, of which— (i) $10,500,000 shall be for the Near Earth Object

Survey; (ii) $523,601,000 shall be for the Research Program; and (iii) $12,000,000 shall be for Space Solar Power

technology; and

(B) for fiscal year 2002, $2,630,400,000, of which— (i) $10,500,000 shall be for the Near Earth Object

Survey; (ii) $566,700,000 shall be for the Research Program;(iii) $12,000,000 shall be for Space Solar Power

technology; and (iv) $5,000,000 shall be for Space Science Data

Buy.

(2) For Life and Microgravity Sciences and Applications— (A) for fiscal year 2001, $335,200,000, of which $2,000,000 shall be for research and early detection systems

for breast and ovarian cancer and other women’s health

issues, $5,000,000 shall be for sounding rocket vouchers,

$2,000,000 shall be made available for immediate clinical

trials of islet transplantation in patients with Type I diabetes utilizing immunoisolation technologies derived from

NASA space flights, and $70,000,000 may be used for activities associated with International Space Station research; and

(B) for fiscal year 2002, $344,000,000, of which

$2,000,000 shall be for research and early detection systems

for breast and ovarian cancer and other women’s health

issues, appropriate funding shall be made available for

continuing clinical trials of islet transplantation in patients

with Type I diabetes utilizing immunoisolation technologies

derived from NASA space flights, and $80,800,000 may be

used for activities associated with International Space Station research.

(3) For Earth Science, subject to the limitations set forth in

section 125—

(A) for fiscal year 2001, $1,430,800,000; and

(B) for fiscal year 2002, $1,357,500,000.

(4) For Aero-Space Technology—

(A) for fiscal year 2001, $1,224,000,000, of which—

(i) at least $36,000,000 shall be for Quiet Aircraft

Technology;

(ii) at least $70,000,000 shall be for the Aviation

Safety program; and

(iii) $50,000,000 shall be for ultra-efficient engine

technology; and

7

(iv) $290,000,000 shall be for Second Generation

RLV Program; and

(B) for fiscal year 2002, $1,574,900,000, of which— (i) at least $36,000,000 shall be for Quiet Aircraft

Technology; (ii) at least $70,000,000 shall be for the Aviation

Safety program; and (iii) $50,000,000 shall be for ultra-efficient engine

technology; and (iv) $610,000,000 shall be for Second Generation

RLV Program.

(5) For Space Operations— (A) for fiscal year 2001, $529,400,000; and

(B) for fiscal year 2002, $500,800,000.

(6) For Academic Programs— (A) for fiscal year 2001, $141,300,000, of which— (i) $11,800,000 shall be for the Teacher/Faculty

Preparation and Enhancement Programs; (ii) $11,800,000 shall be for the program known as

the Experimental Program to Stimulate Competitive

Research;

(iii) $54,000,000 shall be for minority university

research and education (at institutions such as Hispanic-serving institutions, Alaska Native serving institutions, Native Hawaiian serving institutions, and

tribally controlled colleges and universities), including

$35,900,000 for Historically Black Colleges and Universities; and

(iv) $28,000,000 shall be for space grant colleges

designated under section 208 of the National Space

Grant College and Fellowship Act; and

(B) for fiscal year 2002, $141,300,000, of which— (i) $12,500,000 shall be for the Teacher/Faculty

Preparation and Enhancement Programs; (ii) $12,500,000 shall be for the program known as

the Experimental Program to Stimulate Competitive

Research;

(iii) $54,000,000 shall be for minority university

research and education (at institutions such as Hispanic-serving institutions, Alaska Native serving institutions, Native Hawaiian serving institutions, and

tribally controlled colleges and universities), including

$35,900,000 for Historically Black Colleges and Universities; and

(iv) $28,000,000 shall be for space grant colleges

designated under section 208 of the National Space

Grant College and Fellowship Act.

SEC. 103. MISSION SUPPORT.

(a) FISCAL YEAR 2000.—There are authorized to be appropriated to the National Aeronautics and Space Administration for

Mission Support for fiscal year 2000 $2,512,000,000.

(b) FISCAL YEARS 2001 AND 2002.—There are authorized to be

appropriated to the National Aeronautics and Space Administration

for Mission Support for fiscal years 2001 and 2002 the following

amounts:

8

(1) For Safety, Mission Assurance, Engineering, and Advanced Concepts— (A) for fiscal year 2001, $47,500,000; and

(B) for fiscal year 2002, $51,500,000.

(2) For Construction of Facilities, including land

acquisition—(A) for fiscal year 2001, $245,900,000; and

(B) for fiscal year 2002, $231,000,000.

(3) For Research and Program Management, including personnel and related costs, travel, and research operations

support—(A) for fiscal year 2001, $2,290,600,000; and

(B) for fiscal year 2002, $2,383,700,000.

SEC. 104. INSPECTOR GENERAL.

There are authorized to be appropriated to the National Aeronautics and Space Administration for Inspector General— (1) for fiscal year 2000, $20,000,000;

(2) for fiscal year 2001, $22,000,000; and

(3) for fiscal year 2002, $22,700,000.

SEC. 105. TOTAL AUTHORIZATION.

Notwithstanding any other provision of this title, the total

amount authorized to be appropriated to the National Aeronautics

and Space Administration under this Act shall not exceed— (1) for fiscal year 2001, $14,184,400,000; and

(2) for fiscal year 2002, $14,625,400,000.

Subtitle B—Limitations and Special Authority

SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

(a) AUTHORIZED USES.—Funds appropriated under sections

101, 102, and 103(b)(1) and funds appropriated for research operations support under section 103(b)(3) 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 nonVerDate 11-MAY-2000 07:17 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6603 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
9

profit 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. 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 103(b)(2)—

(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 section 103(b)(2) 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 section 103(b)(2) 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. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY EXPENSES.

Not more than $32,500 of the funds appropriated under section

102 may be used for scientific consultations or extraordinary expenses, upon the authority of the Administrator.

10

SEC. 125. EARTH SCIENCE LIMITATION.

Of the funds authorized to be appropriated for Earth Science

under section 102(b)(3) for each of fiscal years 2001 and 2002,

$25,000,000 shall be for the Commercial Remote Sensing Program

for commercial data purchases, unless the National Aeronautics

and Space Administration has integrated data purchases into the

procurement process for Earth science research by obligating at

least 5 percent of the aggregate amount appropriated for that fiscal

year for Earth Observing System and Earth Probes for the purchase

of Earth science data from the private sector.

SEC. 126. COMPETITIVENESS AND INTERNATIONAL COOPERATION.

(a) LIMITATION.—(1) As part of the evaluation of the costs and

benefits of entering into an obligation to conduct a space mission in

which a foreign entity will participate as a supplier of the spacecraft, spacecraft system, or launch system, the Administrator shall

solicit comment on the potential impact of such participation

through notice published in Commerce Business Daily at least 45

days before entering into such an obligation.

(2) The Administrator shall certify to the Congress at least 15

days in advance of any cooperative agreement with the People’s Republic of China, or any company owned by the People’s Republic of

China or incorporated under the laws of the People’s Republic of

China, involving spacecraft, spacecraft systems, launch systems, or

scientific or technical information that—

(A) the agreement is not detrimental to the United States

space launch industry; and

(B) the agreement, including any indirect technical benefit

that could be derived from the agreement, will not improve the

missile or space launch capabilities of the People’s Republic of

China.

(3) The Inspector General of the National Aeronautics and

Space Administration, in consultation with appropriate agencies,

shall conduct an annual audit of the policies and procedures of the

National Aeronautics and Space Administration with respect to the

export of technologies and the transfer of scientific and technical information, to assess the extent to which the National Aeronautics

and Space Administration is carrying out its activities in compliance with Federal export control laws and with paragraph (2).

(b) NATIONAL INTERESTS.—Before entering into an obligation

described in subsection (a), the Administrator shall consider the national interests of the United States described in section 2(6).

SEC. 127. TRANS-HAB.

(a) REPLACEMENT STRUCTURE.—No funds authorized by this

Act shall be obligated for the definition, design, procurement, or development of an inflatable space structure to replace any International Space Station components scheduled for launch in the Assembly Sequence adopted by the National Aeronautics and Space

Administration in June 1999.

(b) EXCEPTION.—Notwithstanding subsection (a), nothing in

this Act shall preclude the National Aeronautics and Space Administration from leasing or otherwise using a commercially provided

inflatable habitation module, if such module would—

(1) cost the same or less, including any necessary modifications to other hardware or operating expenses, than the remainVerDate 11-MAY-2000 07:17 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
11

ing cost of completing and attaching the baseline habitation

module;

(2) impose no delays to the Space Station Assembly Sequence; and

(3) result in no increased safety risk.

(c) REPORT.—Notwithstanding subsection (a), the National Aeronautics and Space Administration shall report to the Congress by

April 1, 2001, on its findings and recommendations on substituting

any inflatable habitation module, or other inflatable structures, for

one of the elements included in the Space Station Assembly Sequence adopted in June 1999.

SEC. 128. CONSOLIDATED SPACE OPERATIONS CONTRACT.

No funds authorized by this Act shall be used to create a Government-owned corporation to perform the functions that are the

subject of the Consolidated Space Operations Contract.

TITLE II—INTERNATIONAL SPACE STATION

SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

(a) BIMONTHLY REPORTING ON RUSSIAN STATUS.—Not later

than the first day of the first month beginning more than 60 days

after the date of the enactment of this Act, and not later than the

first day of every second month thereafter until October 1, 2006, the

Administrator shall report to Congress whether or not the Russians

have performed work expected of them and necessary to complete the

International Space Station. Each such report shall also include a

statement of the Administrator’s judgment concerning Russia’s ability to perform work anticipated and required to complete the International Space Station before the next report under this subsection.

(b) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—The President shall notify Congress within 90 days after the date of the enactment of this Act of the decision on whether or not to proceed with

permanent replacement of the Russian Service Module, other Russian elements in the critical path of the International Space Station,

or Russian launch services. Such notification shall include the reasons and justifications for the decision and the costs associated with

the decision. Such decision shall include a judgment of when all elements identified in Revision E assembly sequence as of June 1999

will be in orbit and operational. If the President decides to proceed

with a permanent replacement for the Russian Service Module or

any other Russian element in the critical path or Russian launch

service, the President shall notify Congress of the reasons and the

justification for the decision to proceed with the permanent replacement, and the costs associated with the decision.

(c) ASSURANCES.—The United States shall seek assurances from

the Russian Government that it places a higher priority on fulfilling

its commitments to the International Space Station than it places

on extending the life of the Mir Space Station, including assurances

that Russia will not utilize assets allocated by Russia to the International Space Station for other purposes, including extending the

life of Mir.

(d) EQUITABLE UTILIZATION.—In the event that any International Partner in the International Space Station Program willfully violates any of its commitments or agreements for the provision

of agreed-upon Space Station-related hardware or related goods or

12

services, the Administrator should, in a manner consistent with relevant international agreements, seek a commensurate reduction in

the utilization rights of that Partner until such time as the violated

commitments or agreements have been fulfilled.

(e) OPERATION COSTS.—The Administrator shall, in a manner

consistent with relevant international agreements, seek to reduce the

National Aeronautics and Space Administration’s share of International Space Station common operating costs, based upon any additional capabilities provided to the International Space Station

through the National Aeronautics and Space Administration’s Russian Program Assurance activities.

SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.

(a) LIMITATION OF COSTS.—

(1) IN GENERAL.—Except as provided in subsections (c) and

(d), the total amount obligated by the National Aeronautics and

Space Administration for—

(A) costs of the International Space Station may not exceed $25,000,000,000; and

(B) space shuttle launch costs in connection with the

assembly of the International Space Station may not exceed

$17,700,000,000.

(2) CALCULATION OF LAUNCH COSTS.—For purposes of paragraph (1)(B)—

(A) not more than $380,000,000 in costs for any single

space shuttle launch shall be taken into account; and

(B) if the space shuttle launch costs taken into account

for any single space shuttle launch are less than

$380,000,000, then the Administrator shall arrange for a

verification, by the General Accounting Office, of the accounting used to determine those costs and shall submit

that verification to the Congress within 60 days after the

date on which the next budget request is transmitted to the

Congress.

(b) COSTS TO WHICH LIMITATION APPLIES.—

(1) DEVELOPMENT COSTS.—The limitation imposed by subsection (a)(1)(A) does not apply to funding for operations, research, or crew return activities subsequent to substantial completion of the International Space Station.

(2) LAUNCH COSTS.—The limitation imposed by subsection

(a)(1)(B) does not apply—

(A) to space shuttle launch costs in connection with operations, research, or crew return activities subsequent to

substantial completion of the International Space Station;

(B) to space shuttle launch costs in connection with a

launch for a mission on which at least 75 percent of the

shuttle payload by mass is devoted to research; nor

(C) to any additional costs incurred in ensuring or enhancing the safety and reliability of the space shuttle.

(3) SUBSTANTIAL COMPLETION.—For purposes of this subsection, the International Space Station is considered to be substantially completed when the development costs comprise 5

percent or less of the total International Space Station costs for

the fiscal year.

13

(c) NOTICE OF CHANGES TO SPACE STATION COSTS.—The Administrator shall provide with each annual budget request a written

notice and analysis of any changes under subsection (d) 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. In addition, such notice may be provided at other times, as

deemed necessary by the Administrator. The written notice shall

include—

(1) an explanation of the basis for the change, including the

costs associated with the change and the expected benefit to the

program to be derived from the change;

(2) an analysis of the impact on the assembly schedule and

annual funding estimates of not receiving the requested increases; and

(3) an explanation of the reasons that such a change was

not anticipated in previous program budgets.

(d) FUNDING FOR CONTINGENCIES.—

(1) NOTICE REQUIRED.—If funding in excess of the limitation provided for in subsection (a) is required to address the

contingencies described in paragraph (2), then the Administrator shall provide the written notice required by subsection

(c). In the case of funding described in paragraph (3)(A), such

notice shall be required prior to obligating any of the funding.

In the case of funding described in paragraph (3)(B), such notice shall be required within 15 days after making a decision

to implement a change that increases the space shuttle launch

costs in connection with the assembly of the International Space

Station.

(2) CONTINGENCIES.—The contingencies referred to in paragraph (1) are the following:

(A) The lack of performance or the termination of participation of any of the International countries party to the

Intergovernmental Agreement.

(B) The loss or failure of a United States-provided element during launch or on-orbit.

(C) On-orbit assembly problems.

(D) New technologies or training to improve safety on

the International Space Station.

(E) The need to launch a space shuttle to ensure the

safety of the crew or to maintain the integrity of the station.

(3) AMOUNTS.—The total amount obligated by National

Aeronautics and Space Administration to address the contingencies described in paragraph (2) is limited to—

(A) $5,000,000,000 for the International Space Station;

and

(B) $3,540,000,000 for the space shuttle launch costs in

connection with the assembly of the International Space

Station.

(e) REPORTING AND REVIEW.—

(1) IDENTIFICATION OF COSTS.—

(A) SPACE SHUTTLE.—As part of the overall space shuttle program budget request for each fiscal year, the Administrator shall identify separately—

14

(i) the amounts of the requested funding that are

to be used for completion of the assembly of the International Space Station; and

(ii) any shuttle research mission described in subsection (b)(2).

(B) INTERNATIONAL SPACE STATION.—As part of the

overall International Space Station budget request for each

fiscal year, the Administrator shall identify the amount to

be used for development of the International Space Station.

(2) ACCOUNTING FOR COST LIMITATIONS.—As part of the annual budget request to the Congress, the Administrator shall

account for the cost limitations imposed by subsection (a).

(3) VERIFICATION OF ACCOUNTING.—The Administrator

shall arrange for a verification, by the General Accounting Office, of the accounting submitted to the Congress within 60 days

after the date on which the budget request is transmitted to the

Congress.

(4) INSPECTOR GENERAL.—Within 60 days after the Administrator provides a notice and analysis to the Congress under

subsection (c), the Inspector General of the National Aeronautics and Space Administration shall review the notice and

analysis and report the results of the review to the committees

to which the notice and analysis were provided.

SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.

(a) STUDY.—The Administrator shall enter into a contract with

the National Research Council and the National Academy of Public

Administration to jointly conduct a study of the status of life and

microgravity research as it relates to the International Space Station. The study shall include—

(1) an assessment of the United States scientific community’s readiness to use the International Space Station for life

and microgravity research;

(2) an assessment of the current and projected factors limiting the United States scientific community’s ability to maximize the research potential of the International Space Station,

including, but not limited to, the past and present availability

of resources in the life and microgravity research accounts within the Office of Human Spaceflight and the Office of Life and

Microgravity Sciences and Applications and the past, present,

and projected access to space of the scientific community; and

(3) recommendations for improving the United States scientific community’s ability to maximize the research potential of

the International Space Station, including an assessment of the

relative costs and benefits of—

(A) dedicating an annual mission of the Space Shuttle

to life and microgravity research during assembly of the

International Space Station; and

(B) maintaining the schedule for assembly in place at

the time of the enactment.

(b) REPORT.—Not later than 1 year 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

the results of the study conducted under this section.

15

SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION PROGRAM.

Section 434 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000 is amended by striking ‘‘2004,’’ each place it appears

and inserting ‘‘2002,’’.

SEC. 205. SPACE STATION MANAGEMENT.

(a) RESEARCH UTILIZATION AND COMMERCIALIZATION MANAGEMENT ACTIVITIES.—The Administrator of the National Aeronautics

and Space Administration shall enter into an agreement with a

non-government organization to conduct research utilization and

commercialization management activities of the International Space

Station subsequent to substantial completion as defined in section

202(b)(3). The agreement may not take effect less than 120 days

after the implementation plan for the agreement is submitted to the

Congress under subsection (b).

(b) IMPLEMENTATION PLAN.—Not later than September 30,

2001, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives an implementation

plan to incorporate the use of a non-government organization for the

International Space Station. The implementation plan shall

include—

(1) a description of the respective roles and responsibilities

of the Administration and the non-government organization;

(2) a proposed structure for the non-government organization;

(3) a statement of the resources required;

(4) a schedule for the transition of responsibilities; and

(5) a statement of the duration of the agreement.

TITLE III—MISCELLANEOUS

SEC. 301. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

(a) REQUIREMENT.—Before any funds may be obligated for

Phase B of a project that is projected to cost more than

$150,000,000 in total project costs, the Chief Financial Officer for

the National Aeronautics and Space Administration shall conduct

an independent life-cycle cost analysis of such project and shall report the results to Congress. In developing cost accounting and reporting standards for carrying out this section, the Chief Financial

Officer shall, to the extent practicable and consistent with other

laws, solicit the advice of expertise outside of the National Aeronautics and Space Administration.

(b) DEFINITION.—For purposes of this section, the term ‘‘Phase

B’’ means the latter stages of project formulation, during which the

final definition of a project is carried out and before project implementation (which includes the Design, Development, and Operations

Phases) begins.

SEC. 302. 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—

16

(1) by striking subsection (f) and redesignating subsections

(g) and (h) as subsections (f) and (g), respectively; and

(2) in subsection (g), as so redesignated by paragraph (1)

of this subsection, by striking ‘‘(f), and (g)’’ and inserting in lieu

thereof ‘‘and (f)’’.

(b) REPORTS TO THE CONGRESS.—Section 206(a) of the National

Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is

amended—

(1) by striking ‘‘January’’ and inserting in lieu thereof

‘‘May’’; and

(2) by striking ‘‘calendar’’ and inserting in lieu thereof ‘‘fiscal’’.

SEC. 303. COMMERCIAL SPACE GOODS AND SERVICES.

It is the sense of Congress that the National Aeronautics and

Space Administration shall purchase commercially available space

goods and services to the fullest extent feasible and shall not conduct activities with commercial applications that preclude or deter

commercial space activities except for reasons of national security or

public safety. A space good or service shall be deemed commercially

available if it is offered by a commercial provider, or if it could be

supplied by a commercial provider in response to a Government procurement request. For purposes of this section, a purchase is feasible

if it meets mission requirements in a cost-effective manner.

SEC. 304. COST EFFECTIVENESS CALCULATIONS.

Except as otherwise required by law, in calculating the cost effectiveness of the cost of the National Aeronautics and Space Administration engaging in an activity as compared to a commercial

provider, the Administrator shall compare the cost of the National

Aeronautics and Space Administration engaging in the activity

using full cost accounting principles with the price the commercial

provider will charge for such activity.

SEC. 305. FOREIGN CONTRACT LIMITATION.

The National Aeronautics and Space Administration shall not

enter into any agreement or contract with a foreign government that

grants the foreign government the right to recover profit in the event

that the agreement or contract is terminated.

SEC. 306. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS

BASED ON SUBSTANTIAL EVIDENCE OF FRAUD.

Section 2307(i)(8) of title 10, United States Code, is amended by

striking ‘‘and (4)’’ and inserting in lieu thereof ‘‘(4), and (6)’’.

SEC. 307. SPACE SHUTTLE UPGRADE STUDY.

(a) STUDY.—The Administrator shall enter into appropriate arrangements for the conduct of an independent study to reassess the

priority of all Space Shuttle upgrades which are under consideration by the National Aeronautics and Space Administration but for

which substantial development costs have not been incurred.

(b) PRIORITIES.—The study described in subsection (a) shall establish relative priorities of the upgrades within each of the following categories:

(1) Upgrades that are safety related.

(2) Upgrades that may have functional or technological applicability to reusable launch vehicles.

17

(3) Upgrades that have a payback period within the next 12

years.

(c) COMPLETION DATE.—The results of the study described in

subsection (a) shall be transmitted to the Congress not later than

180 days after the date of the enactment of this Act.

SEC. 308. AERO-SPACE TRANSPORTATION TECHNOLOGY INTEGRATION.

(a) INTEGRATION PLAN.—The Administrator shall develop a

plan for the integration of research, development, and experimental

demonstration activities in the aeronautics transportation technology and space transportation technology areas where appropriate. The plan shall ensure that integration is accomplished without losing unique capabilities which support the National Aeronautics and Space Administration’s defined missions. The plan

shall also include appropriate strategies for using aeronautics centers in integration efforts.

(b) REPORTS TO CONGRESS.—Not later than 90 days after the

date of the enactment of this Act, the Administrator shall transmit

to the Congress a report containing the plan developed under subsection (a). The Administrator shall transmit to the Congress annually thereafter for 5 years a report on progress in achieving such

plan, to be transmitted with the annual budget request.

SEC. 309. DEFINITIONS OF COMMERCIAL SPACE POLICY TERMS.

It is the sense of the Congress that the Administrator should ensure, to the extent practicable, that the usage of terminology in National Aeronautics and Space Administration policies and programs

with respect to space activities is consistent with the following definitions:

(1) The term ‘‘commercialization’’ means actions or policies

which promote or facilitate the private creation or expansion of

commercial markets for privately developed and privately provided space goods and services, including privatized space activities.

(2) The term ‘‘commercial purchase’’ means a purchase by

the Federal Government of space goods and services at a market

price from a private entity which has invested private resources

to meet commercial requirements.

(3) The term ‘‘commercial use of Federal assets’’ means the

use of Federal assets by a private entity to deliver services to

commercial customers, with or without putting private capital

at risk.

(4) The term ‘‘contract consolidation’’ means the combining

of two or more Government service contracts for related space

activities into one larger Government service contract.

(5) The term ‘‘privatization’’ means the process of

transferring—

(A) control and ownership of Federal space-related assets, along with the responsibility for operating, maintaining, and upgrading those assets, to the private sector; or

(B) control and responsibility for space-related functions from the Federal Government to the private sector.

SEC. 310. EXTERNAL TANK OPPORTUNITIES STUDY.

(a) APPLICATIONS.—The Administrator shall enter into appropriate arrangements for an independent study to identify, and

18

evaluate the potential benefits and costs of, the broadest possible

range of commercial and scientific applications which are enabled

by the launch of Space Shuttle external tanks into Earth orbit and

retention in space, including—

(1) the use of privately owned external tanks as a venue for

commercial advertising on the ground, during ascent, and in

Earth orbit, except that such study shall not consider advertising that while in orbit is observable from the ground with the

unaided human eye;

(2) the use of external tanks to achieve scientific or technology demonstration missions in Earth orbit, on the Moon, or

elsewhere in space; and

(3) the use of external tanks as low-cost infrastructure in

Earth orbit or on the Moon, including as an augmentation to

the International Space Station.

A final report on the results of such study shall be delivered to the

Congress not later than 90 days after the date of the enactment of

this Act. Such report shall include recommendations as to Government and industry-funded improvements to the external tank which

would maximize its cost-effectiveness for the scientific and commercial applications identified.

(b) REQUIRED IMPROVEMENTS.—The Administrator shall conduct an internal agency study, based on the conclusions of the study

required by subsection (a), of what—

(1) improvements to the current Space Shuttle external

tank; and

(2) other in-space transportation or infrastructure capability developments,

would be required for the safe and economical use of the Space

Shuttle external tank for any or all of the applications identified by

the study required by subsection (a), a report on which shall be delivered to Congress not later than 45 days after receipt of the final

report required by subsection (a).

(c) CHANGES IN LAW OR POLICY.—Upon receipt of the final report required by subsection (a), the Administrator shall solicit comment from industry on what, if any, changes in law or policy would

be required to achieve the applications identified in that final report. Not later than 90 days after receipt of such final report, the

Administrator shall transmit to the Congress the comments received

along with the recommendations of the Administrator as to changes

in law or policy that may be required for those purposes.

SEC. 311. NOTICE.

(a) NOTICE OF REPROGRAMMING.—If any funds authorized by

this Act are subject to a reprogramming action that requires notice

to be provided to the Appropriations Committees of the House of

Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(b) NOTICE OF REORGANIZATION.—The Administrator shall provide notice to the Committees on Science and Appropriations of the

House of Representatives, and the Committees on Commerce,

Science, and Transportation and Appropriations of the Senate, not

later than 30 days before any major reorganization of any program,

19

project, or activity of the National Aeronautics and Space Administration.

SEC. 312. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.

The Unitary Wind Tunnel Plan Act of 1949 is amended—

(1) in section 101 (50 U.S.C. 511) by striking ‘‘transsonic

and supersonic’’ and inserting ‘‘transsonic, supersonic, and

hypersonic’’; and

(2) in section 103 (50 U.S.C. 513)—

(A) by striking ‘‘laboratories’’ in subsection (a) and inserting ‘‘laboratories and centers’’;

(B) by striking ‘‘supersonic’’ in subsection (a) and inserting ‘‘transsonic, supersonic, and hypersonic’’; and

(C) by striking ‘‘laboratory’’ in subsection (c) and inserting ‘‘facility’’.

SEC. 313. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT.

(a) ESTABLISHMENT OF PROGRAM.—In order to promote a ‘‘faster, cheaper, better’’ approach to the human exploration and development of space, the Administrator shall establish a Human Space

Flight Innovative Technologies program of ground-based and spacebased research and development in innovative technologies. The program shall be part of the Technology and Commercialization program.

(b) AWARDS.—At least 75 percent of the amount appropriated

for Technology and Commercialization under section 101(b)(4) for

any fiscal year shall be awarded through broadly distributed announcements of opportunity that solicit proposals from educational

institutions, industry, nonprofit institutions, National Aeronautics

and Space Administration Centers, the Jet Propulsion Laboratory,

other Federal agencies, and other interested organizations, and that

allow partnerships among any combination of those entities, with

evaluation, prioritization, and recommendations made by external

peer review panels.

(c) PLAN.—The Administrator shall provide to the Committee on

Science of the House of Representatives and to the Committee on

Commerce, Science, and Transportation of the Senate, not later

than December 1, 2000, a plan to implement the program established under subsection (a).

SEC. 314. LIFE IN THE UNIVERSE.

(a) REVIEW.—The Administrator shall enter into appropriate

arrangements with the National Academy of Sciences for the conduct of a review of—

(1) international efforts to determine the extent of life in the

universe; and

(2) enhancements that can be made to the National Aeronautics and Space Administration’s efforts to determine the extent of life in the universe.

(b) ELEMENTS.—The review required by subsection (a) shall

include—

(1) an assessment of the direction of the National Aeronautics and Space Administration’s astrobiology initiatives

within the Origins program;

(2) an assessment of the direction of other initiatives carried out by entities other than the National Aeronautics and

Space Administration to determine the extent of life in the uniVerDate 11-MAY-2000 07:17 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
20

verse, including other Federal agencies, foreign space agencies,

and private groups such as the Search for Extraterrestrial Intelligence Institute;

(3) recommendations about scientific and technological enhancements that could be made to the National Aeronautics

and Space Administration’s astrobiology initiatives to effectively

utilize the initiatives of the scientific and technical communities; and

(4) recommendations for possible coordination or integration of National Aeronautics and Space Administration initiatives with initiatives of other entities described in paragraph

(2).

(c) REPORT TO CONGRESS.—Not later than 20 months after the

date of the enactment of this Act, the Administrator shall transmit

to the Congress a report on the results of the review carried out

under this section.

SEC. 315. CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH.

(a) CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH

PROGRAM.—

(1) IN GENERAL.—The Administrator shall develop a carbon

cycle remote sensing applications research program—

(A) to provide a comprehensive view of vegetation conditions;

(B) to assess and model agricultural carbon sequestration; and

(C) to encourage the development of commercial products, as appropriate.

(2) USE OF CENTERS.—The Administrator of the National

Aeronautics and Space Administration shall use regional earth

science application centers to conduct applications research

under this section.

(3) RESEARCHED AREAS.—The areas that shall be the subjects of research conducted under this section include—

(A) the mapping of carbon-sequestering land use and

land cover;

(B) the monitoring of changes in land cover and management;

(C) new approaches for the remote sensing of soil carbon; and

(D) region-scale carbon sequestration estimation.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $5,000,000 of funds authorized by section 102 for fiscal years 2001 through 2002.

SEC. 316. REMOTE SENSING FOR AGRICULTURAL AND RESOURCE MANAGEMENT.

(a) INFORMATION DEVELOPMENT.—The Administrator shall—

(1) consult with the Secretary of Agriculture to determine

data product types that are of use to farmers which can be remotely sensed from air or space;

(2) consider useful commercial data products related to agriculture as identified by the focused research program between

the National Aeronautics and Space Administration’s Stennis

Space Center and the Department of Agriculture; and

21

(3) examine other data sources, including commercial

sources, LightSAR, RADARSAT I, and RADARSAT II, which

can provide domestic and international agricultural information relating to crop conditions, fertilization and irrigation

needs, pest infiltration, soil conditions, projected food, feed, and

fiber production, and other related subjects.

(b) PLAN.—After performing the activities described in subsection (a) the Administrator shall, in consultation with the Secretary of Agriculture, develop a plan to inform farmers and other

prospective users about the use and availability of remote sensing

products that may assist with agricultural and forestry applications

identified in subsection (a). The Administrator shall transmit such

plan to the Congress not later than 180 days after the date of the

enactment of this Act.

(c) IMPLEMENTATION.—Not later than 90 days after the plan

has been transmitted under subsection (b), the Administrator shall

implement the plan.

SEC. 317. 100TH ANNIVERSARY OF FLIGHT EDUCATIONAL INITIATIVE.

(a) EDUCATIONAL INITIATIVE.—In recognition of the 100th anniversary of the first powered flight, the Administrator, in coordination with the Secretary of Education, shall develop and provide for

the distribution, for use in the 2001–2002 academic year and thereafter, of age-appropriate educational materials, for use at the kindergarten, elementary, and secondary levels, on the history of flight,

the contribution of flight to global development in the 20th century,

the practical benefits of aeronautics and space flight to society, the

scientific and mathematical principles used in flight, and any other

related topics the Administrator considers appropriate. The Administrator shall integrate into the educational materials plans for the

development and flight of the Mars plane.

(b) REPORT TO CONGRESS.—Not later than October 1, 2000, the

Administrator shall transmit a report to the Congress on activities

undertaken pursuant to this section.

SEC. 318. INTERNET AVAILABILITY OF INFORMATION.

Upon the conclusion of the research under a research grant or award of $50,000 or more made with funds authorized by this Act,

the Administrator shall make available through the Internet home

page of the National Aeronautics and Space Administration a brief

summary of the results and importance of such research grant or

award. Nothing in this section shall be construed to require or permit the release of any information prohibited by law or regulation

from being released to the public.

SEC. 319. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under

this Act, it is the sense of the Congress that entities receiving such

assistance should, in expending the assistance, purchase only American-made equipment and products.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Administrator shall provide

to each recipient of the assistance a notice describing the statement

made in subsection (a) by the Congress.

22

SEC. 320. ANTI-DRUG MESSAGE ON INTERNET SITES.

Not later than 90 days after the date of the enactment of this

Act, the Administrator, in consultation with the Director of the Office of National Drug Control Policy, shall place anti-drug messages

on Internet sites controlled by the National Aeronautics and Space

Administration.

SEC. 321. 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. 322. SPACE ADVERTISING.

(a) DEFINITION.—Section 70102 of title 49, United States Code,

is amended—

(1) by redesignating paragraphs (8) through (16) as paragraphs (9) through (17), 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:

‘‘§ 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.

‘‘(c) COMMERCIAL SPACE ADVERTISING.—Nothing in this section

shall apply to nonobtrusive commercial space advertising, including

advertising on—

23

‘‘(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. 323. AERONAUTICAL RESEARCH.

(a) FLIGHT RESEARCH STUDY.—

(1) IN GENERAL.—Within 6 months after the date of the enactment of this Act, the Administrator shall provide to the Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Science of the House of Representatives

the results of an engineering study of the modifications necessary for the more effective use of the WB–57 flight research

plan.

(2) CONTENTS OF STUDY.—The engineering study provided

by the Administrator under paragraph (1) shall address at

least the following issues:

(A) Replacement of autopilot.

(B) Replacement of landing gear or improved brake

system.

(C) Upgrade of avionics.

(D) Upgrade of engines for higher flight regimes.

(E) Installation of winglets on aircraft wings.

(F) Research benefits to be derived from modifications

of plane.

(G) Associated costs of each of the modifications.

(b) AIRCRAFT ICING RESEARCH PLAN.—

(1) IN GENERAL.—Within 90 days after the date of the enactment of this Act, the Administrator shall submit a plan to

the Committee on Commerce, Science, and Transportation of

the Senate and the Committee on Science of the House of Representatives for aircraft icing research to be conducted over the

5-year period commencing on October 1, 2000.

(2) CONTENTS OF THE PLAN.—The aircraft icing research

plan submitted by the Administrator under paragraph (1) shall

include at least the following items:

(A) Research goals and objectives.

24

(B) Funding levels for each of the 5 fiscal years.

(C) Anticipated extent and nature of involvement in the

research program by agencies, organizations, and companies, both domestic and foreign, other than the National

Aeronautics and Space Administration.

(D) Anticipated resource requirements and locations of

aircraft icing tunnel research and flight research for each

of the 5 fiscal years.

SEC. 324. INSURANCE, INDEMNIFICATION, AND CROSS-WAIVERS.

(a) TECHNICAL AMENDMENT.—Title III of the National Aeronautics and Space Act of 1958 is amended—

(1) by redesignating sections 309 through 311 as sections

310 through 312, respectively; and

(2) by inserting ‘‘SEC. 309.’’ before ‘‘(a) IN GENERAL.—’’ in

the undesignated section added by section 435 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000.

(b) AMENDMENTS.—Section 309 of the National Aeronautics and

Space Act of 1958 (as so designated by subsection (a)(2) of this section) is amended—

(1) in subsection (c)(1), by striking ‘‘departments, agencies,

and related entities’’ and inserting ‘‘departments, agencies, and

instrumentalities’’;

(2) in subsection (c)(2), by adding at the end the following

new subparagraph:

‘‘(D) WILLFUL MISCONDUCT.—A reciprocal waiver under

paragraph (1) may not relieve the United States, the developer, the cooperating party, or the related entities of the developer or cooperating party, of liability for damage or loss

resulting from willful misconduct.’’; and

(3) by adding at the end the following new subsection:

‘‘(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 extension is in the interests of the United States.

‘‘(2) EFFECT OF TERMINATION ON AGREEMENT.—The termination of this section shall not terminate or otherwise affect any

cross-waiver agreement, insurance agreement, indemnification

agreement, or other agreement entered into under this section,

except as may be provided in that agreement.’’.

SEC. 325. USE OF ABANDONED, UNDERUTILIZED, AND EXCESS BUILDINGS, GROUNDS, AND 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 shall consider whether those requirements could be

met by the use of one of the following:

(1) Abandoned or underutilized buildings, grounds, and facilities in depressed communities that can be converted to National Aeronautics and Space Administration usage at a reasonable cost, as determined by the Administrator.

25

(2) Any military installation that is closed or being closed,

or any facility at such an installation.

(3) Any other facility or part of a facility that the Administrator determines to be—

(A) owned or leased by the United States for the use of

another agency of the Federal Government; and

(B) 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.

(b) DEFINITION.—For the purposes of this section, the term ‘‘depressed communities’’ means rural and urban communities that are

relatively depressed, in terms of age of housing, extent of poverty,

growth of per capita income, extent of unemployment, job lag, or

surplus labor.

And the Senate agree to the same.

F. JAMES SENSENBRENNER, Jr.,

DANA ROHRABACHER, DAVE WELDON, RALPH M. HALL, BART GORDON, Managers on the Part of the House.

JOHN MCCAIN,

TED STEVENS,

BILL FRIST,

FRITZ HOLLINGS,

JOHN BREAUX,

Managers on the Part of the Senate.

(27)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 1654), to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes,

submit the following joint statement to the House and the Senate

in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report:

The Senate amendment struck all of the House bill after the

enacting clause and inserted a substitute text.

The House recedes from its disagreement to the amendment of

the Senate with an amendment that is a substitute for the House

bill and the Senate amendment. The differences between the House

bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming

changes made necessary by agreements reached by the conferees,

and minor drafting and clerical changes.

The House and Senate authorization bills were passed in 1999

and based on the fiscal year (FY) 2000 budget request. Both bills

authorized funding for FY 2000 through FY 2002 based on the

budget runouts provided with the President’s FY 2000 request for

NASA funding. However, conference discussions were still underway when the President unveiled his FY 2001 budget request. The

FY 2001 budget request differed significantly from that projected

in FY 2000. The FY 2001 budget contained significant increases in

Space Science and Aerospace Technology and minor reductions in

Human Spaceflight and Earth Science, reflecting that the International Space Station (ISS) and the first phase of the EOS program had passed the peak of their development costs. Consequently, the conferees adjusted the conference text to reflect the

new information contained in the FY 2001 request.

TITLE I. AUTHORIZATION OF APPROPRIATIONS

(Subtitle A)

Human Spaceflight. The President requested $5,499,900,000

for Human Spaceflight in FY 2001. Conferees agreed to

$5,499,900,000 for Human Spaceflight in FY 2001. The conferees

provided funding for International Space Station, the Space Shuttle, Payload/ELV Support and Investments and Support at the

level of the President’s request. Concerned about past Administration cuts to the International Space Station research activities, the

conferees adopted a House provision setting aside $455,400,000 of

the amount authorized for Space Station research and assigning

28

the Office of Life and Microgravity Sciences and Applications responsibility for administering those funds. The Senate-passed authorization bill excluded $200 million in

funding in the Space Station funding account for the Propulsion

Module due to lack of specific plans. Conferees continue to be concerned given the recent significant cost increase of at least $150

million and schedule slippages of 18 months for the module. These

cost increases and delays are even more alarming given the project

is still in its early developmental stages. The conferees are also

concerned about the lack of specific future plans for the Propulsion

Module at this point. The President requested $5,387,600,000 for Human Spaceflight in FY 2002. Conferees agreed to authorize $5,387,600,000 for

Human Spaceflight in FY 2002. The conferees provided funding for

International Space Station, the Space Shuttle, Payload/ELV Support and Investments and Support at the level of the President’s

request. Concerned about past Administration cuts to the International Space Station research activities, the conferees adopted a

House provision setting aside $451,600,000 of the amount authorized for Space Station research and assigning the Office of Life and

Microgravity Sciences and Applications responsibility for administering those funds. The conferees also agreed to authorize

$20,000,000 for Technology and Commercialization in FY 2001 and

FY 2002.

Science, Aeronautics, and Technology. The President requested $2,398,800,000 for space science in FY 2001. Conferees agreed to

authorize $2,417,800,000 for Space Science in FY 2001, $19,000,000

more than the President requested and $225,015,000 more than

the FY 2000 appropriated level. The President requested

$2,606,400,000 for space science in FY 2002. Conferees agreed to

authorize $2,630,400,000 in FY 2002, $24,000,000 more than the

Presidential request. Conferees also agreed to: House language

stating that of the total authorized for Space Science $10,500,000

shall be for the Near Earth Object Survey in FY 2001 and FY 2002;

$523,601,000 shall be for the Research Program in FY 2001 and

$566,700,000 shall be for the Research Program in FY 2002;

$12,000,000 shall be for Space Solar Power technology in FY 2001

and FY 2002; and $5,000,000 shall be for Space Science Data Buys

in FY 2002. Despite the loss of both Mars 1998 missions, the conferees remain committed to exploring Mars and support the President’s decision to increase the Mars program’s baseline funding by

$347,400,000 over the period FY 2001 through FY 2005 in his FY

2001 budget request. Moreover, the conferees continue to endorse

NASA’s faster, better, cheaper concept and believe that a greater

number of small missions will do more to advance certain scientific

goals than large missions launched just once every decade. Nevertheless, better definition of the concept is needed for proper and effective implementation.

The President requested $302,400,000 for Life and Microgravity Science in FY 2001 and $300,300,000 for FY 2002. The conferees are concerned that past cuts to Life and Microgravity research are impeding scientific progress and undermining the future

readiness of the scientific community to fully utilize the ISS. The

conferees agreed to authorize $335,200,000 and $344,000,000 for

29

Life and Microgravity research in FY 2001 and FY 2002, respectively. Together, these represent an increase of $76,500,000, nearly

13% over the President’s request for both years. Given NASA’s development of non-invasive diagnostic capabilities in the life

sciences, conferees adopted House language setting aside

$2,000,000 of the amount authorized for FY 2001 and FY 2002 for

research and early detection systems for breast and ovarian cancer.

Conferees also adopted Senate language setting aside $2,000,000 of

the amount authorized for FY 2001 and FY 2002 for clinical trials

of islet transplantation technology for Type I diabetes patients developed as a result of past space flight activities. Finally, conferees

adopted House language signaling that $70,000,000 of funds authorized for FY 2001 and $80,800,000 of funds authorized for FY

2002 may be used for research associated with the ISS. These

amounts signify continuing Congressional commitment to restoring

past cuts to the Life and Microgravity research budget and a desire

to improve the role of the Life and Microgravity research community in planning Space Station research activities. For Earth Science, the President requested $1,405,800,000 in FY 2001 and $1,332,500,000 in FY 2002. The House authorized

$1,413,300,000 and the Senate authorized $1,502,873,000 for Earth

Science in FY 2001. The House authorized $1,365,300,000 and the

Senate authorized $1,547,959,000 for Earth Science in FY 2002.

Conferees agreed to authorize $1,430,800,000 and $1,357,500,000

for earth science in FY 2001 and FY 2002 respectively. The Housepassed bill terminated the Triana spacecraft. The Senate did not

eliminate the program; the House receded to the Senate.

In Aerospace Technology, the President requested $1,193,000,000 in FY 2001 and $1,548,900,000 in FY 2002. Conferees agreed to authorize $1,224,000,000 in FY 2001, $31,000,000

more than the President requested, and $1,574,900,000 in FY 2002,

$26,000,000 more than the President requested. In aeronautics, the

conferees are concerned about the continuing decline in funding for

aeronautics research over the last several years and agreed to authorize funding of $36,000,000 in FY 2001 and FY 2002 for NASA’s

Quiet Aircraft Technology programs, $70,000,000 in FY 2001 and

FY 2002 for its Aviation Safety programs, and $50,000,000 in FY

2001 and FY 2002 for its ultra-efficient engine technology program.

The conferees reaffirm Congress’ commitment to a strong NASA

aeronautical R&D program, and believe that it will be necessary to

make appropriate investments in the modernization of NASA’a

aeronautical research facilities to keep pace with the full range of

current and emerging aeronautical R&D challenges. Conferees provided full funding for the Space Launch Initiative, singling out the

Second Generation RLV Program for funding. Moreover, the conferees endorse the general approach and plan to preserve competition among technological concepts within the SLI as laid out by

NASA in briefings and presentations to the respective authorizing

committees. The investigation of multiple technological concepts

could include examination of such concepts as Two-Stage-to-Orbit,

Single-Stage-to-Orbit, Vertical-Takeoff-Vertical-Landing (for which

potential military applications are envisioned by some observers),

and air-launched systems, among others. The conferees further

note that NASA’s plan for ‘‘Alternative Access’’ to the International

30

Space Station is contained within the Space Launch Initiative

budget profile and commend NASA for seeking means of reducing

our dependence on the Space Shuttle and Russian Soyuz and

Progress vehicles for access to ISS. The conferees believe it will be

necessary to make appropriate investments in the modernization of

NASA’s rocket engine testing facilities to keep pace with the development of the Second Generation RLV program, particularly given

NASA’s plan to develop some air-breathing engine technologies.

The President requested $100,000,000 for Academic Programs

in FY 2001 and FY 2002, a $41,300,000 reduction from the FY

2000 funding appropriated by Congress. The House passed bill provided $128,600,000 in FY 2001 and $130,600,000 in FY 2002. The

Senate bill provided $133,900,000 and $137,917,000 in FY 2001

and FY 2002 respectively. Conferees recommended authorizing

$141,300,000 for FY 2001 and $141,300,000 for FY 2002. Within

those authorizations, $11,800,000 in FY 2001 shall be for Teacher/

Faculty Preparation and Enhancement Programs and $11,800,000

in FY 2001 shall be for the Experimental Program to Stimulate

Competitive Research. Conferees authorized both programs at the

level of $12,500,000 in FY 2002. The conferees also agreed that

$28,000,000 of the funds authorized shall be for Space Grant Colleges in both FY 2001 and FY 2002. Finally, the Conferees agreed

that $54,000,000 in both FY 2001 and FY 2002 shall be for minority university research and education, including $35,900,000 for

Historically Black Colleges and Universities.

Mission Support, NASA Inspector General, & Total Authorization. In Mission Support, the conferees recommended funding the

President’s request of $2,584,000,000 in FY 2001 and

$2,666,200,000 in FY 2002. Conferees also agreed to authorize

$20,000,000 for the NASA Inspector General in FY 2000,

$22,000,000 in FY 2001 and $22,700,000 in FY 2002 as requested

by the President.

The conferees authorized $13,600,800,000 for NASA in FY

2000, reflecting the FY 2000 appropriations and including

$5,487,900,000 for Human Spaceflight, $5,580,900,000 for Science,

Aeronautics and Technology, $2,512,000,000 for Mission Support,

and $20,000,000 for the NASA Inspector General. The total amount

of funding authorized for NASA is $14,184,400,000 in FY 2001,

which is $149,100,000 more than the President requested. The

total amount authorized for FY 2002 is $14,625,400,000, which is

$160,000,000 more than the President’s outyear budget projections.

The conferees have been concerned about the need to ensure

that NASA’s personnel and facilities will be able to support a robust and safe space and aeronautics program over the next decade

and beyond. In particular, the conferees note the high portion of

NASA personnel that are at, or near, the age for retirement eligibility. In addition, the conferees note the importance of ensuring

the continued safety of workers and property at NASA’s facilities.

Therefore, the conferees expect the Administrator to report to Congress by April 1, 2001 on NASA’s plans and anticipated resource

requirements for (1) ensuring that critical technical and managerial skills are maintained throughout the space agency, including

plans for hiring new personnel as appropriate; and (2) plans for inVerDate 11-MAY-2000 08:31 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00030 Fmt 6604 Sfmt 6601 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
31

vesting in the maintenance and upgrading of facilities and equipment to ensure the safety of both workers and property.

Policy provisions (Subtitle B)

The House bill contained Section 125, authorizing $50,000,000

in FY 2001 and FY 2002 for Earth Science data purchases. The

House sought to create a mechanism by which scientists could exploit for scientific purposes the hundreds of millions of dollars in

private investment in remote sensing capabilities. Believing that a

market is the most efficient way of allocating limited resources, the

House sought to create competition among data providers to meet

scientist’s needs, thereby creating pressures that would result in

falling prices and increased quality in the long term. Moreover, by

directly authorizing scientists to procure data, the House intended

to place greater decision-making authority directly in the hands of

principal investigators studying the Earth system. The Senate bill

contained no data purchase program, so the conferees agreed to

split the difference by authorizing a $25 million program. In order

to fund that activity in a manner that does not disrupt the ongoing

Earth Science programs, the conferees have augmented the funding

for Earth Science by an equivalent amount in both FY 2001 and

FY 2002. The conferees expect the Administrator to report to the

Congress by April 1, 2001 on NASA’s long-term plan to promote

scientific applications of U.S. commercial remote sensing capabilities through the purchase of data, development of applications, and

collaboration with industry, research universities, and other government agencies.

Section 126 was modified during House consideration of H.R.

1654. The amendment, patterned after language adopted in the FY

2000 defense authorization bill, is intended to ensure that cooperative agreements between NASA and the People’s Republic of China

will not benefit, directly or indirectly, the People’s Republic of

China in its efforts to develop new space launch and ballistic missile capabilities. Subparagraph (a)(3) requires the NASA Inspector

General to review NASA’s compliance with existing export control

obligations in consultation with the appropriate agencies of the federal government. For the purposes of this section, ‘‘appropriate

agencies’’ refers generally to the U.S. national security, intelligence, export control, and counter-intelligence/law enforcement

communities, including the Central Intelligence Agency, the Defense Intelligence Agency, and the Departments of State, Defense,

Justice, and Commerce. The Senate bill contained no such provision. After adopting some clarifying language, the Senate receded

to the House position.

Section 127 was contained in the House bill as introduced. The

measure prohibits NASA from obligating funds to define, design,

procure, or develop an inflatable space structure to replace any

baseline ISS module. House conferees are particularly concerned

about the potential for further perturbations to the baseline ISS design, which are likely to increase cost, technical risk, and schedule

slips. Indeed, NASA was pursuing Transhab as an inflatable replacement for the already-built habitation module’s pressure vessel

at a time when early cost projections indicated Transhab would

cost several tens of millions more to complete. The Senate bill conVerDate 11-MAY-2000 08:31 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00031 Fmt 6604 Sfmt 6601 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
32

tained no such provision. After some discussion, the conferees

agreed to modify the language to enable NASA to lease a privately

defined, designed, and developed Transhab, provided that such a

structure would not expose the U.S. government or the International Space Station to greater cost or schedule risks. It should

be noted that the leasing option still precludes NASA from obligating funds for NASA to design, define (beyond the specification

of requirements to be met by the commercially provided structure),

or develop an inflatable structure to replace any baselined ISS

module and that any lease payments may not total more than the

remaining cost of the habitation module. Conferees gave NASA

until April 1, 2001 to assess its options and report its recommendations on Transhab to the Congress. Such a report should include

a cost-benefit analysis of the fiscal, programmatic, schedule, and

technical risks of three options: (1) sticking with the baseline ISS

design; (2) replacing the baselined habitation module with a commercially-developed and owned inflatable structure; or (3) looking

to inflatable structures as potential enhancements to the ISS after

assembly complete. The April 1 report should contain NASA’s recommendation on whether or not to pursue a Transhab option.

TITLE II. INTERNATIONAL SPACE STATION

The Senate-passed bill contained a Title regarding the ISS

which included sections for dealing with Russian contingencies and

a total program funding cap. The House receded to the Senate position. The Senate-passed language was modified where appropriate

and adopted.

Section 201. International Space Station contingency plan

Section 201 seeks to address concerns over the International

Space Station created by Russia’s difficulties in meeting its commitments to the International Space Station (ISS) partnership. The

section requires a bimonthly status report on Russia’s progress in

meeting its obligations and a notification requirement in the event

of a decision to replace any Russian elements in the critical path

of the International Space Station or Russian launch services.

Conferees also adopted language directing the United States

government to seek assurances from the Russian government that

the latter places a higher priority on ISS than on its aging Mir

space station and that ISS-dedicated resources will not be used to

extend further Mir’s orbital life. The conferees are especially concerned that earlier this year Russia diverted a Soyuz vehicle and

two Progress vehicles that were originally intended to support ISS

to instead service the Mir. Although the conferees applaud the successful launching of the Russian Service Module and note Russia’s

assurances that the diverted vehicles will be replaced, they want

to stress the importance that Congress attaches to the need for

Russia to fulfill all of its remaining commitments to the ISS.

The Intergovernmental Agreement (IGA), voluntarily signed by

each participating country, delineates the roles and responsibilities

of all ISS partners. The conferees maintain that in the event that

any International Partner willfully violates any of its commitments

or agreements for the provision of agreed-upon Space Station hardware or related goods or services, the NASA Administrator should,

33

in a manner consistent with relevant international agreements,

seek a commensurate reduction in the utilization rights of that

partner until such time as the violated commitments or agreements

have been fulfilled. It is important to the conferees that the IGA

remain equitable.

Finally, the conferees adopted language directing the Administrator to seek, in a manner consistent with relevant international

agreements, to reduce NASA’s share of ISS common operating costs

as a result of any additional capabilities added to the ISS through

NASA’s Russian Program Assurance activities.

Section 202. Cost limitations for the International Space Station

Conferees have adopted language that would place a cost limitation on the International Space Station. The limitation would establish a limit of $25 billion for the development of ISS and $17.7

billion for the use of the Space Shuttle for the assembly of the Station until the point of substantial completion. Substantial completion has been defined as the point when development costs comprise 5 percent or less of the total ISS costs for the fiscal year. Conferees feel that at this point in the program, the majority of the activities are truly beyond the developmental phase of the project.

The charge against the limitation of using the Shuttle shall not exceed $380 million per launch. If the actual costs are less,

verification and reporting requirements have been established. The

Administrator of NASA is required to provide written notice and

analysis of any changes to the limitations set forth on the Station

and the Shuttle program.

Furthermore, an additional 20 percent ($5 billion for ISS and

$3.54 billion for the Shuttle program) has been authorized to address contingencies identified within the cost limitation. Within the

contingencies, the conferees have given NASA additional flexibility

to address, through additional shuttle launches, urgent threats to

crew safety or the integrity of the ISS. It is expected that these

contingencies would provide NASA the necessary resources to address any urgent situation on the Station. The conferees want to

emphasize the importance they attach to the safety of the Space

Shuttle and ISS programs. Annual reporting and review requirements have also been identified and are to be included as part of

the budget request for each fiscal year.

Section 203. Research on International Space Station

The conferees note with growing concern that the gaps between space-based life and microgravity research opportunities are

growing. Consequently, the scientific disciplines associated with

this research risk stagnating, creating the possibility that the scientific community will not be prepared to fully exploit the scientific

potential of the space station. To address these concerns, Congress

has, for several years, provided funding for a dedicated research

flight aboard the Space Shuttle. As adopted in the House, H.R.

1654 contained language calling for a joint study by the National

Research Council and the National Academy of Public Administration to review the readiness of the U.S. scientific community to use

the space station, identify obstacles, and make recommendations to

34

ensure that the U.S. scientific community is able to fully exploit

the space station.

Section 205. Space station research utilization and commercialization management

The conferees further note that as the International Space Station approaches full assembly, NASA must begin to focus on establishing an organizational infrastructure capable of ensuring that

the International Space Station is fully and effectively utilized for

scientific and engineering research. The conferees commend NASA

for initiating a review of management structures by the National

Research Council’s Space Studies Board and Aeronautics and Space

Engineering Board. The National Research Council recommended

that ‘‘a consortium led by a research institution or group of institutions, governed by an independent board of directors, managed by

a strong scientific director, and guided by an advisory process that

is broadly representative of the research community’’ be charged

with managing scientific activities aboard ISS. The conferees further note that NASA has had success with utilizing non-government organizations for the operation of major scientific research

programs, such as the Hubble Space Telescope. Conferees are also

concerned about commercialization opportunities aboard the Space

Station. The non-government organization should ensure that equitable opportunities exist for industry to participate in activities.

NASA should work with the Department of Commerce’s Office of

Space Commercialization to ensure that the selected non-government organization has adequate expertise in this area. The conferees therefore direct NASA to enter into an agreement with a

non-government organization that will manage the research utilization and commercialization aspects of the International Space Station. The non-government organization should be selected competitively.

TITLE III. MISCELLANEOUS

The House-passed bill contained language that conferees

adopted as Section 304, Cost Effectiveness Calculations. The provision is intended to improve the information available to policymakers by directing NASA to compare the price a private company

would charge to provide a good or service with the total cost (using

full-cost accounting principles) to NASA of performing the same

function when performing cost-effectiveness calculations. The measure will help discourage the current practice of disguising a program’s true cost to the American taxpayer by discounting the overhead and personnel costs associated with the program or mission

and enable NASA to make rational decisions about out-sourcing

certain activities. The conferees note that cost-effectiveness is not

the only appropriate measure or factor to be considered when deciding whether to out-source certain activities. NASA’s need to

maintain a skilled workforce and its experience with certain kinds

of technologies often will make it better-suited to perform a program or mission than a lower-cost contractor. In addition, the need

to meet mission requirements and to avoid the assumption of unacceptable program risk also need to be weighed as part of the decision to out-source or not. Section 304 merely directs NASA to perVerDate 11-MAY-2000 08:31 Sep 13, 2000 Jkt 079006 PO 00000 Frm 00034 Fmt 6604 Sfmt 6601 E:\HR\OC\HR843.XXX pfrm04 PsN: HR843
35

form cost-effectiveness calculations in a certain way; it does not

mandate that any decision be made based on that calculation.

Section 308 directs the Administrator to develop a plan for the

integration of NASA’s aeronautics and space transportation research and development activities. NASA has already administratively moved the two activities under one roof in reorganizing Code

R. The conferees remain concerned that NASA’s aeronautics activities have suffered from a lack of strategic direction and adequate

funding in recent years. They note, however, that NASA’s traditional aeronautics research activities have much to offer its space

transportation activities and vice versa. NASA’s Hyper-X vehicle,

for example, has the potential to develop considerable information

on high-speed flight through the atmosphere, while NASA’s advanced cockpit development activities will have applications in the

development of crewed space launch vehicles. It is hoped that the

technology integration plan will lead NASA to determine the best

means of fully exploiting the Space Launch Initiative funding

wedge against those areas of research and development that will

benefit both aeronautics and space transportation. Certainly, bringing the skills and knowledge resident in NASA’s centers focused on

aeronautics (Glenn Research Center, Langley Research Center, and

the Dryden Flight Research Center) to bear on space transportation problems will benefit the Space Launch Initiative. As important, NASA will be better positioned to bring the lessons learned

from the SLI investment into its aeronautics research programs.

The conferees expect an integration plan to lay the groundwork for

strengthening aeronautics research in the United States over the

coming decade.

The Senate bill contained a section prohibiting obtrusive space

advertising. The House bill contained no such provision and the

House recedes to the Senate. In adopting this measure, which is

section 322 in the conference report, the conferees are seeking to

preserve a view of the sky that humanity has enjoyed since the beginning of human existence. Moreover, this section will help prevent new sources of interference with astronomy. The conferees

note that obtrusive space advertising is defined as ‘‘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,’’ i.e., that which is recognizable to the human

eye. The provision does not apply to commercial space advertising

practices that are common today, such as the placement of logos on

commercial space launch vehicles and payloads, since these symbols are not visible to a terrestrial human eye without the aid of

a camera or some other viewing mechanism once the vehicles or facilities are in orbit.

The Senate-passed bill included two provisions related to indemnification, insurance, and cross-waivers of liability. Senate Section 203 provided for cross-waivers of liability for U.S. ISS contractors, and Senate Section 313 expanded the experimental aerospace

vehicle indemnification regime to include vehicles under development on or before July 31, 1999. Subsequent to Senate passage of

H.R. 1654, the Congress combined these regimes under Section 431

of Public Law 106–74, which establishes broad authority for NASA

to enter into cross-waivers of liability as part of a cooperative

36

agreement and to indemnify the developers of experimental aerospace vehicles for catastrophic losses. This regime is similar to the

liability regime established for operational commercial launch vehicles under Title 49. However, the authority for operational vehicles

periodically expires. The conferees agreed to a provision (Section

324) which sunsets NASA’s broad authority on December 31, 2002.

The Administration is permitted to extend the termination date to

September 30, 2005 if the Administrator determines that such an

extension is in the national interest.

F. JAMES SENSENBRENNER, Jr.,

DANA ROHRABACHER,

DAVE WELDON,

RALPH M. HALL,

BART GORDON,

Managers on the Part of the House.

JOHN MCCAIN, TED STEVENS, BILL FRIST, FRITZ HOLLINGS, JOHN BREAUX, Managers on the Part of the Senate.

Æ