Union Calendar No. 82

106TH CONGRESS

1ST SESSION H. R. 1654

[Report No. 106–145]

A BILL

To authorize appropriations for the National Aero2000, 2001, and 2002, and for other purposes. nautics and Space Administration for fiscal years

MAY 18, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,
IB

Union Calendar No. 82

106TH CONGRESS

1ST SESSION H. R. 1654

[Report No. 106–145]

To authorize appropriations for the National Aeronautics and Space

Administration for fiscal years 2000, 2001, and 2002, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1999

Mr. ROHRABACHER introduced the following bill; which was referred to the

Committee on Science

MAY 18, 1999

Additional sponsors: Mr. BROWN of California, Mr. WELDON of Florida, Mr.

COOK, Mr. NETHERCUTT, Mr. ETHERIDGE, and Mr. GARY MILLER of

California

Deleted sponsor: Mr. GORDON (added May 13, 1999; deleted May 17, 1999)

MAY 18, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 3, 1999]

A BILL

To authorize appropriations for the National Aeronautics

and Space Administration for fiscal years 2000, 2001,

and 2002, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na5 tional Aeronautics and Space Administration Authoriza6 tion Act of 1999’’.

7 (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. International Space Station.

Sec. 102. Launch Vehicle and Payload Operations.

Sec. 103. Science, Aeronautics, and Technology.

Sec. 104. Mission Support.

Sec. 105. Inspector General.

Sec. 106. Total authorization.

Sec. 107. Aviation systems capacity.

Subtitle B—Limitations and Special Authority

Sec. 121. Use of funds for construction.

Sec. 122. Availability of appropriated amounts.

Sec. 123. Reprogramming for construction of facilities.

Sec. 124. Limitation on obligation of unauthorized appropriations.

Sec. 125. Use of funds for scientific consultations or extraordinary expenses.

Sec. 126. Earth science limitation.

Sec. 127. Competitiveness and international cooperation.

Sec. 128. Trans-hab.

Sec. 129. Consolidated Space Operations Contract.

Sec. 130. Triana funding prohibition.

TITLE II—MISCELLANEOUS PROVISIONS

Sec. 201. Requirement for independent cost analysis.

Sec. 202. National Aeronautics and Space Act of 1958 amendments.

Sec. 203. Commercial space goods and services.

Sec. 204. Cost effectiveness calculations.

Sec. 205. Foreign contract limitation.

Sec. 206. Authority to reduce or suspend contract payments based on substantial

evidence of fraud.

Sec. 207. Space Shuttle upgrade study.

Sec. 208. Aero-space transportation technology integration.

Sec. 209. Definitions of commercial space policy terms.
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Sec. 210. External tank opportunities study.

Sec. 211. Eligibility for awards.

Sec. 212. Notice.

Sec. 213. Unitary Wind Tunnel Plan Act of 1949 amendments.

Sec. 214. Innovative technologies for human space flight.

Sec. 215. Life in the universe.

Sec. 216. Research on International Space Station.

Sec. 217. Remote sensing for agricultural and resource management.

Sec. 218. Integrated safety research plan.

Sec. 219. 100th anniversary of flight educational initiative.

Sec. 220. Internet availability of information.

1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) The National Aeronautics and Space Admin4 istration should continue to pursue actions and re5 forms directed at reducing institutional costs, includ6 ing management restructuring, facility consolidation,

7 procurement reform, and convergence with defense

8 and commercial sector systems.

9 (2) The National Aeronautics and Space Admin10 istration must continue on its current course of re11 turning to its proud history as the Nation’s leader in

12 basic scientific, air, and space research.

13 (3) The overwhelming preponderance of the Fed14 eral Government’s requirements for routine, un15 manned space transportation can be met most effec16 tively, efficiently, and economically by a free and

17 competitive market in privately developed and oper18 ated space transportation services.

19 (4) In formulating a national space transpor20 tation service policy, the National Aeronautics and
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1 Space Administration should aggressively promote the

2 pursuit by commercial providers of development of

3 advanced space transportation technologies including

4 reusable space vehicles, and human space systems.

5 (5) The Federal Government should invest in the

6 types of research and innovative technology in which

7 United States commercial providers do not invest,

8 while avoiding competition with the activities in

9 which United States commercial providers do invest.

10 (6) International cooperation in space explo11 ration and science activities serves the United States

12 national interest—

13 (A) when it—

14 (i) reduces the cost of undertaking mis15 sions the United States Government would

16 pursue unilaterally;

17 (ii) enables the United States to pursue

18 missions that it could not otherwise afford

19 to pursue unilaterally; or

20 (iii) enhances United States capabili21 ties to use and develop space for the benefit

22 of United States citizens; and

23 (B) when it—

24 (i) is undertaken in a manner that is

25 sensitive to the desire of United States com-
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1 mercial providers to develop or explore

2 space commercially;

3 (ii) is consistent with the need for Fed4 eral agencies to use space to complete their

5 missions; and

6 (iii) is carried out in a manner con7 sistent with United States export control

8 laws.

9 (7) The National Aeronautics and Space Admin10 istration and the Department of Defense can cooper11 ate more effectively in leveraging their mutual capa12 bilities to conduct joint space missions that improve

13 United States space capabilities and reduce the cost

14 of conducting space missions.

15 (8) The Deep Space Network will continue to be

16 a critically important part of the Nation’s scientific

17 and exploration infrastructure in the coming decades,

18 and the National Aeronautics and Space Administra19 tion should ensure that the Network is adequately

20 maintained and that upgrades required to support fu21 ture missions are undertaken in a timely manner.

22 (9) The Hubble Space Telescope has proven to be

23 an important national astronomical research facility

24 that is revolutionizing our understanding of the uni25 verse and should be kept productive, and its capabili-
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1 ties should be maintained and enhanced as appro2 priate to serve as a scientific bridge to the next gen3 eration of space-based observatories.

4 SEC. 3. DEFINITIONS.

5 For purposes of this Act—

6 (1) the term ‘‘Administrator’’ means the Admin7 istrator of the National Aeronautics and Space Ad8 ministration;

9 (2) the term ‘‘commercial provider’’ means any

10 person providing space transportation services or

11 other space-related activities, primary control of

12 which is held by persons other than Federal, State,

13 local, and foreign governments;

14 (3) the term ‘‘institution of higher education’’

15 has the meaning given such term in section 1201(a)

16 of the Higher Education Act of 1965 (20 U.S.C.

17 1141(a));

18 (4) the term ‘‘State’’ means each of the several

19 States of the Union, the District of Columbia, the

20 Commonwealth of Puerto Rico, the Virgin Islands,

21 Guam, American Samoa, the Commonwealth of the

22 Northern Mariana Islands, and any other common23 wealth, territory, or possession of the United States;

24 and
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1 (5) the term ‘‘United States commercial pro2 vider’’ means a commercial provider, organized under

3 the laws of the United States or of a State, which is—

4 (A) more than 50 percent owned by United

5 States nationals; or

6 (B) a subsidiary of a foreign company and

7 the Secretary of Commerce finds that—

8 (i) such subsidiary has in the past evi9 denced a substantial commitment to the

10 United States market through—

11 (I) investments in the United

12 States in long-term research, develop13 ment, and manufacturing (including

14 the manufacture of major components

15 and subassemblies); and

16 (II) significant contributions to

17 employment in the United States; and

18 (ii) the country or countries in which

19 such foreign company is incorporated or or20 ganized, and, if appropriate, in which it

21 principally conducts its business, affords re22 ciprocal treatment to companies described

23 in subparagraph (A) comparable to that af24 forded to such foreign company’s subsidiary

25 in the United States, as evidenced by—
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1 (I) providing comparable oppor2 tunities for companies described in

3 subparagraph (A) to participate in

4 Government sponsored research and de5 velopment similar to that authorized

6 under this Act;

7 (II) providing no barriers to com8 panies described in subparagraph (A)

9 with respect to local investment oppor10 tunities that are not provided to for11 eign companies in the United States;

12 and

13 (III) providing adequate and ef14 fective protection for the intellectual

15 property rights of companies described

16 in subparagraph (A).

17 TITLE I—AUTHORIZATION OF

18 APPROPRIATIONS

19 Subtitle A—Authorizations

20 SEC. 101. INTERNATIONAL SPACE STATION.

21 There are authorized to be appropriated to the Na22 tional Aeronautics and Space Administration for Inter23 national Space Station—

24 (1) for fiscal year 2000, $2,482,700,000, of which

25 $394,400,000, notwithstanding section 121(a)—
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1 (A) shall only be for Space Station research

2 or for the purposes described in section 103(2);

3 and

4 (B) shall be administered by the Office of

5 Life and Microgravity Sciences and Applica6 tions;

7 (2) for fiscal year 2001, $2,328,000,000, of which

8 $465,400,000, notwithstanding section 121(a)—

9 (A) shall only be for Space Station research

10 or for the purposes described in section 103(2);

11 and

12 (B) shall be administered by the Office of

13 Life and Microgravity Sciences and Applica14 tions; and

15 (3) for fiscal year 2002, $2,091,000,000, of which

16 $469,200,000, notwithstanding section 121(a)—

17 (A) shall only be for Space Station research

18 or for the purposes described in section 103(2);

19 and

20 (B) shall be administered by the Office of

21 Life and Microgravity Sciences and Applica22 tions.
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1 SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.

2 There are authorized to be appropriated to the Na3 tional Aeronautics and Space Administration for Launch

4 Vehicle and Payload Operations the following amounts:

5 (1) For Space Shuttle Operations—

6 (A) for fiscal year 2000, $2,547,400,000;

7 (B) for fiscal year 2001, $2,649,900,000;

8 and

9 (C) for fiscal year 2002, $2,629,000,000.

10 (2) For Space Shuttle Safety and Performance

11 Upgrades—

12 (A) for fiscal year 2000, $456,800,000, of

13 which $18,000,000 shall not be obligated until 45

14 days after the report required by section 207 has

15 been submitted to the Congress;

16 (B) for fiscal year 2001, $407,200,000; and

17 (C) for fiscal year 2002, $414,000,000.

18 (3) For Payload and Utilization Operations—

19 (A) for fiscal year 2000, $169,100,000;

20 (B) for fiscal year 2001, $182,900,000; and

21 (C) for fiscal year 2002, $184,500,000.

22 SEC. 103. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

23 There are authorized to be appropriated to the Na24 tional Aeronautics and Space Administration for Science,

25 Aeronautics, and Technology the following amounts:

26 (1) For Space Science—
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1 (A) for fiscal year 2000, $2,202,400,000, of

2 which—

3 (i) $10,500,000 shall be for the Near

4 Earth Object Survey;

5 (ii) $472,000,000 shall be for the Re6 search Program;

7 (iii) $12,000,000 shall be for Space

8 Solar Power technology; and

9 (iv) $170,400,000 shall be for Hubble

10 Space Telescope (Development);

11 (B) for fiscal year 2001, $2,315,200,000, of

12 which—

13 (i) $10,500,000 shall be for the Near

14 Earth Object Survey;

15 (ii) $475,800,000 shall be for the Re16 search Program; and

17 (iii) $12,000,000 shall be for Space

18 Solar Power technology; and

19 (C) for fiscal year 2002, $2,411,800,000, of

20 which—

21 (i) $10,500,000 shall be for the Near

22 Earth Object Survey;

23 (ii) $511,100,000 shall be for the Re24 search Program;
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1 (iii) $12,000,000 shall be for Space

2 Solar Power technology; and

3 (iv) $5,000,000 shall be for space

4 science data buy.

5 (2) For Life and Microgravity Sciences and

6 Applications—

7 (A) for fiscal year 2000, $333,600,000, of

8 which $2,000,000 shall be for research and early

9 detection systems for breast and ovarian cancer

10 and other women’s health issues, and $5,000,000

11 shall be for sounding rocket vouchers;

12 (B) for fiscal year 2001, $335,200,000, of

13 which $2,000,000 shall be for research and early

14 detection systems for breast and ovarian cancer

15 and other women’s health issues; and

16 (C) for fiscal year 2002, $344,000,000, of

17 which $2,000,000 shall be for research and early

18 detection systems for breast and ovarian cancer

19 and other women’s health issues.

20 (3) For Earth Science, subject to the limitations

21 set forth in sections 126 and 130—

22 (A) for fiscal year 2000, $1,382,500,000;

23 (B) for fiscal year 2001, $1,413,300,000;

24 and

25 (C) for fiscal year 2002, $1,365,300,000.
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1 (4) For Aero-Space Technology—

2 (A) for fiscal year 2000, $999,300,000, of

3 which—

4 (i) $532,800,000 shall be for Aero5 nautical Research and Technology, with no

6 funds to be used for the Ultra-Efficient En7 gine, and with $412,800,000 to be for the

8 Research and Technology Base;

9 (ii) $334,000,000 shall be for Advanced

10 Space Transportation Technology,

11 including—

12 (I) $61,300,000 for the Future-X

13 Demonstration Program; and

14 (II) $105,600,000 for Advanced

15 Space Transportation Program; and

16 (iii) $132,500,000 shall be for Com17 mercial Technology;

18 (B) for fiscal year 2001, $908,400,000, of

19 which—

20 (i) $524,000,000 shall be for Aero21 nautical Research and Technology, with no

22 funds to be used for the Ultra-Efficient En23 gine, and with $399,800,000 to be for the

24 Research and Technology Base, and with
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1 $54,200,000 to be for Aviation System Ca2 pacity;

3 (ii) $249,400,000 shall be for Advanced

4 Space Transportation Technology,

5 including—

6 (I) $109,000,000 for the Future-X

7 Demonstration Program; and

8 (II) $134,400,000 for Advanced

9 Space Transportation Program; and

10 (iii) $135,000,000 shall be for Com11 mercial Technology; and

12 (C) for fiscal year 2002, $994,800,000, of

13 which—

14 (i) $519,200,000 shall be for Aero15 nautical Research and Technology, with no

16 funds to be used for the Ultra-Efficient En17 gine, and with $381,600,000 to be for the

18 Research and Technology Base, and with

19 $67,600,000 to be for Aviation System Ca20 pacity;

21 (ii) $340,000,000 shall be for Advanced

22 Space Transportation Technology; and

23 (iii) $135,600,000 shall be for Com24 mercial Technology.

25 (5) For Mission Communication Services—
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1 (A) for fiscal year 2000, $406,300,000;

2 (B) for fiscal year 2001, $382,100,000; and

3 (C) for fiscal year 2002, $296,600,000.

4 (6) For Academic Programs—

5 (A) for fiscal year 2000, $128,600,000, of

6 which $11,600,000 shall be for Higher Education

7 within the Teacher/Faculty Preparation and En8 hancement Programs, of which $20,000,000 shall

9 be for the National Space Grant College and Fel10 lowship Program, and of which $62,100,000

11 shall be for minority university research and

12 education, including $33,600,000 for Histori13 cally Black Colleges and Universities;

14 (B) for fiscal year 2001, $128,600,000, of

15 which $62,100,000 shall be for minority univer16 sity research and education, including

17 $33,600,000 for Historically Black Colleges and

18 Universities; and

19 (C) for fiscal year 2002, $130,600,000, of

20 which $62,800,000 shall be for minority univer21 sity research and education, including

22 $34,000,000 for Historically Black Colleges and

23 Universities.

24 (7) For Future Planning (Space Launch)—

25 (A) for fiscal year 2001, $144,000,000; and
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1 (B) for fiscal year 2002, $280,000,000.

2 SEC. 104. MISSION SUPPORT.

3 There are authorized to be appropriated to the Na4 tional Aeronautics and Space Administration for Mission

5 Support the following amounts:

6 (1) For Safety, Reliability, and Quality

7 Assurance—

8 (A) for fiscal year 2000, $43,000,000;

9 (B) for fiscal year 2001, $45,000,000; and

10 (C) for fiscal year 2002, $49,000,000.

11 (2) For Space Communication Services—

12 (A) for fiscal year 2000, $89,700,000;

13 (B) for fiscal year 2001, $109,300,000; and

14 (C) for fiscal year 2002, $174,200,000.

15 (3) For Construction of Facilities, including

16 land acquisition—

17 (A) for fiscal year 2000, $181,000,000,

18 including—

19 (i) Restore Electrical Distribution Sys20 tem (ARC), $2,700,000;

21 (ii) Rehabilitate Main Hangar Build22 ing 4802 (Dryden Flight Research Center

23 (DFRC)), $2,900,000;

24 (iii) Rehabilitate High Voltage System

25 (Glenn Research Center), $7,600,000;
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1 (iv) Repair Site Steam Distribution

2 System (GSFC), $2,900,000;

3 (v) Restore Chilled Water Distribution

4 System (GSFC), $3,900,000;

5 (vi) Rehabilitate Hydrostatic Bearing

6 Runner, 70 meter Antenna, Goldstone

7 (JPL), $1,700,000;

8 (vii) Upgrade 70 meter Antenna Servo

9 Drive, 70 meter Antenna Subnet (JPL),

10 $3,400,000;

11 (viii) Rehabilitate Utility Tunnel

12 Structure and Systems (Johnson Space

13 Center (JSC)), $5,600,000;

14 (ix) Connect KSC to CCAS Wastewater

15 Treatment Plant (KSC), $2,500,000;

16 (x) Repair and Modernize HVAC Sys17 tem, Central Instrument Facility (KSC),

18 $3,000,000;

19 (xi) Replace High Voltage Load Break

20 Switches (KSC), $2,700,000;

21 (xii) Repair and Modernize HVAC and

22 Electrical systems, Building 4201 (Marshall

23 Space Flight Center (MSFC)), $2,300,000;

24 (xiii) Repair Roofs, Vehicle Component

25 Supply buildings (MAF), $2,000,000;
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1 (xiv) Minor Revitalization of Facilities

2 at Various Locations, not in excess of

3 $1,500,000 per project, $65,500,000;

4 (xv) Minor Construction of New Facili5 ties and Additions to Existing Facilities at

6 Various Locations, not in excess of

7 $1,500,000 per project, $5,000,000;

8 (xvi) Facility Planning and Design,

9 $19,200,000;

10 (xvii) Deferred Major Maintenance,

11 $8,000,000;

12 (xviii) Environmental Compliance and

13 Restoration, $40,100,000;

14 (B) for fiscal year 2001, $181,000,000; and

15 (C) for fiscal year 2002, $191,000,000.

16 (4) For Research and Program Management, in17 cluding personnel and related costs, travel, and re18 search operations support—

19 (A) for fiscal year 2000, $2,181,200,000;

20 (B) for fiscal year 2001, $2,195,000,000;

21 and

22 (C) for fiscal year 2002, $2,261,600,000.
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1 SEC. 105. INSPECTOR GENERAL.

2 There are authorized to be appropriated to the Na3 tional Aeronautics and Space Administration for Inspector

4 General—

5 (1) for fiscal year 2000, $22,000,000;

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

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

8 SEC. 106. TOTAL AUTHORIZATION.

9 Notwithstanding any other provision of this title, the

10 total amount authorized to be appropriated to the National

11 Aeronautics and Space Administration under this Act shall

12 not exceed—

13 (1) for fiscal year 2000, $13,625,600,000;

14 (2) for fiscal year 2001, $13,747,100,000; and

15 (3) for fiscal year 2002, $13,839,400,000.

16 SEC. 107. AVIATION SYSTEMS CAPACITY.

17 In addition to amounts otherwise authorized, there are

18 authorized to be appropriated to the Administrator of the

19 Federal Aviation Administration $5,000,000 for fiscal year

20 2001 for aviation systems capacity.

21 Subtitle B—Limitations and

22 Special Authority

23 SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

24 (a) AUTHORIZED USES.—Funds appropriated under

25 sections 101, 102, 103, and 104(1) and (2), and funds ap26 propriated for research operations support under section
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1 104(4), may be used for the construction of new facilities

2 and additions to, repair of, rehabilitation of, or modifica3 tion of existing facilities at any location in support of the

4 purposes for which such funds are authorized.

5 (b) LIMITATION.—No funds may be expended pursuant

6 to subsection (a) for a project, the estimated cost of which

7 to the National Aeronautics and Space Administration, in8 cluding collateral equipment, exceeds $1,000,000, until 30

9 days have passed after the Administrator has notified the

10 Committee on Science of the House of Representatives and

11 the Committee on Commerce, Science, and Transportation

12 of the Senate of the nature, location, and estimated cost to

13 the National Aeronautics and Space Administration of such

14 project.

15 (c) TITLE TO FACILITIES.—If funds are used pursuant

16 to subsection (a) for grants to institutions of higher edu17 cation, or to nonprofit organizations whose primary pur18 pose is the conduct of scientific research, for purchase or

19 construction of additional research facilities, title to such

20 facilities shall be vested in the United States unless the Ad21 ministrator determines that the national program of aero22 nautical and space activities will best be served by vesting

23 title in the grantee institution or organization. Each such

24 grant shall be made under such conditions as the Adminis25 trator shall determine to be required to ensure that the
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1 United States will receive therefrom benefits adequate to

2 justify the making of that grant.

3 SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

4 To the extent provided in appropriations Acts, appro5 priations authorized under subtitle A may remain available

6 without fiscal year limitation.

7 SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA8 CILITIES.

9 (a) IN GENERAL.—Appropriations authorized for con10 struction of facilities under section 104(3)—

11 (1) may be varied upward by 10 percent in the

12 discretion of the Administrator; or

13 (2) may be varied upward by 25 percent, to meet

14 unusual cost variations, after the expiration of 15

15 days following a report on the circumstances of such

16 action by the Administrator to the Committee on

17 Science of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of

19 the Senate.

20 The aggregate amount authorized to be appropriated for

21 construction of facilities under section 104(3) shall not be

22 increased as a result of actions authorized under para23 graphs (1) and (2) of this subsection.

24 (b) SPECIAL RULE.—Where the Administrator deter25 mines that new developments in the national program of
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1 aeronautical and space activities have occurred; and that

2 such developments require the use of additional funds for

3 the purposes of construction, expansion, or modification of

4 facilities at any location; and that deferral of such action

5 until the enactment of the next National Aeronautics and

6 Space Administration authorization Act would be incon7 sistent with the interest of the Nation in aeronautical and

8 space activities, the Administrator may use up to

9 $10,000,000 of the amounts authorized under section 104(3)

10 for each fiscal year for such purposes. No such funds may

11 be obligated until a period of 30 days has passed after the

12 Administrator has transmitted to the Committee on Com13 merce, Science, and Transportation of the Senate and the

14 Committee on Science of the House of Representatives a

15 written report describing the nature of the construction, its

16 costs, and the reasons therefor.

17 SEC. 124. LIMITATION ON OBLIGATION OF UNAUTHORIZED

18 APPROPRIATIONS.

19 (a) REPORTS TO CONGRESS.—

20 (1) REQUIREMENT.—Not later than—

21 (A) 30 days after the later of the date of the

22 enactment of an Act making appropriations to

23 the National Aeronautics and Space Administra24 tion for fiscal year 2000 and the date of the en25 actment of this Act; and
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1 (B) 30 days after the date of the enactment

2 of an Act making appropriations to the National

3 Aeronautics and Space Administration for fiscal

4 year 2001 or 2002,

5 the Administrator shall submit a report to Congress

6 and to the Comptroller General.

7 (2) CONTENTS.—The reports required by para8 graph (1) shall specify—

9 (A) the portion of such appropriations

10 which are for programs, projects, or activities

11 not authorized under subtitle A of this title, or

12 which are in excess of amounts authorized for the

13 relevant program, project, or activity under this

14 Act; and

15 (B) the portion of such appropriations

16 which are authorized under this Act.

17 (b) FEDERAL REGISTER NOTICE.—The Administrator

18 shall, coincident with the submission of each report required

19 by subsection (a), publish in the Federal Register a notice

20 of all programs, projects, or activities for which funds are

21 appropriated but which were not authorized under this Act,

22 and solicit public comment thereon regarding the impact

23 of such programs, projects, or activities on the conduct and

24 effectiveness of the national aeronautics and space program.
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1 (c) LIMITATION.—Notwithstanding any other provi2 sion of law, no funds may be obligated for any programs,

3 projects, or activities of the National Aeronautics and Space

4 Administration for fiscal year 2000, 2001, or 2002 not au5 thorized under this Act until 30 days have passed after the

6 close of the public comment period contained in a notice

7 required by subsection (b).

8 SEC. 125. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

9 OR EXTRAORDINARY EXPENSES.

10 Not more than $30,000 of the funds appropriated

11 under section 103 may be used for scientific consultations

12 or extraordinary expenses, upon the authority of the Ad13 ministrator.

14 SEC. 126. EARTH SCIENCE LIMITATION.

15 Of the funds authorized to be appropriated for Earth

16 Science under section 103(3) for each of fiscal years 2001

17 and 2002, $50,000,000 shall be for the Commercial Remote

18 Sensing Program at Stennis Space Center for commercial

19 data purchases, unless the National Aeronautics and Space

20 Administration has integrated data purchases into the pro21 curement process for Earth science research by obligating

22 at least 5 percent of the aggregate amount appropriated for

23 that fiscal year for Earth Observing System and Earth

24 Probes for the purchase of Earth science data from the pri25 vate sector.
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1 SEC. 127. COMPETITIVENESS AND INTERNATIONAL CO2 OPERATION.

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

4 and benefits of entering into an obligation to conduct a

5 space mission in which a foreign entity will participate as

6 a supplier of the spacecraft, spacecraft system, or launch

7 system, the Administrator shall solicit comment on the po8 tential impact of such participation through notice pub9 lished in Commerce Business Daily at least 45 days before

10 entering into such an obligation.

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

12 obligation described in subsection (a), the Administrator

13 shall consider the national interests of the United States

14 described in section 2(6).

15 SEC. 128. TRANS-HAB.

16 (a) REPLACEMENT STRUCTURE.—No funds authorized

17 by this Act shall be obligated for the definition, design, or

18 development of an inflatable space structure to replace any

19 International Space Station components scheduled for

20 launch in the Assembly Sequence released by the National

21 Aeronautics and Space Administration on February 22,

22 1999.

23 (b) GENERAL LIMITATION.—No funds authorized by

24 this Act for fiscal year 2000 shall be obligated for the defini25 tion, design, or development of an inflatable space structure

26 capable of accommodating humans in space.
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1 SEC. 129. CONSOLIDATED SPACE OPERATIONS CONTRACT.

2 No funds authorized by this Act shall be used to create

3 a Government-owned corporation to perform the functions

4 that are the subject of the Consolidated Space Operations

5 Contract.

6 SEC. 130. TRIANA FUNDING PROHIBITION.

7 None of the funds authorized by this Act may be used

8 for the Triana program, except that $2,500,000 of the

9 amount authorized under section 103(3)(A) for fiscal year

10 2000 shall be available for termination costs.

11 TITLE II—MISCELLANEOUS

12 PROVISIONS

13 SEC. 201. REQUIREMENT FOR INDEPENDENT COST ANAL14 YSIS.

15 Before any funds may be obligated for Phase B of a

16 project that is projected to cost more than $100,000,000 in

17 total project costs, the Chief Financial Officer for the Na18 tional Aeronautics and Space Administration shall conduct

19 an independent cost analysis of such project and shall re20 port the results to Congress. In developing cost accounting

21 and reporting standards for carrying out this section, the

22 Chief Financial Officer shall, to the extent practicable and

23 consistent with other laws, solicit the advice of expertise out24 side of the National Aeronautics and Space Administration.
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1 SEC. 202. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

2 AMENDMENTS.

3 (a) DECLARATION OF POLICY AND PURPOSE.—Section

4 102 of the National Aeronautics and Space Act of 1958 (42

5 U.S.C. 2451) is amended—

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

7 subsections (g) and (h) as subsections (f) and (g), re8 spectively; and

9 (2) in subsection (g), as so redesignated by para10 graph (1) of this subsection, by striking ‘‘(f), and (g)’’

11 and inserting in lieu thereof ‘‘and (f)’’.

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

13 the National Aeronautics and Space Act of 1958 (42 U.S.C.

14 2476(a)) is amended—

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

16 thereof ‘‘May’’; and

17 (2) by striking ‘‘calendar’’ and inserting in lieu

18 thereof ‘‘fiscal’’.

19 SEC. 203. COMMERCIAL SPACE GOODS AND SERVICES.

20 The National Aeronautics and Space Administration

21 shall purchase commercially available space goods and serv22 ices to the fullest extent feasible, and shall not conduct ac23 tivities that preclude or deter commercial space activities

24 except for reasons of national security or public safety. A

25 space good or service shall be deemed commercially avail26 able if it is offered by a United States commercial provider,
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1 or if it could be supplied by a United States commercial

2 provider in response to a Government procurement request.

3 For purposes of this section, a purchase is feasible if it

4 meets mission requirements in a cost-effective manner.

5 SEC. 204. COST EFFECTIVENESS CALCULATIONS.

6 In calculating the cost effectiveness of the cost of the

7 National Aeronautics and Space Administration engaging

8 in an activity as compared to a commercial provider, the

9 Administrator shall compare the cost of the National Aero10 nautics and Space Administration engaging in the activity

11 using full cost accounting principles with the price the com12 mercial provider will charge for such activity.

13 SEC. 205. FOREIGN CONTRACT LIMITATION.

14 The National Aeronautics and Space Administration

15 shall not enter into any agreement or contract with a for16 eign government that grants the foreign government the

17 right to recover profit in the event that the agreement or

18 contract is terminated.

19 SEC. 206. AUTHORITY TO REDUCE OR SUSPEND CONTRACT

20 PAYMENTS BASED ON SUBSTANTIAL EVI21 DENCE OF FRAUD.

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

23 amended by striking ‘‘and (4)’’ and inserting in lieu thereof

24 ‘‘(4), and (6)’’.
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1 SEC. 207. SPACE SHUTTLE UPGRADE STUDY.

2 (a) STUDY.—The Administrator shall enter into ap3 propriate arrangements for the conduct of an independent

4 study to reassess the priority of all Phase III and Phase

5 IV Space Shuttle upgrades.

6 (b) PRIORITIES.—The study described in subsection

7 (a) shall establish relative priorities of the upgrades within

8 each of the following categories:

9 (1) Upgrades that are safety related.

10 (2) Upgrades that may have functional or tech11 nological applicability to reusable launch vehicles.

12 (3) Upgrades that have a payback period within

13 the next 12 years.

14 (c) COMPLETION DATE.—The results of the study de15 scribed in subsection (a) shall be transmitted to the Con16 gress not later than 180 days after the date of the enactment

17 of this Act.

18 SEC. 208. AERO-SPACE TRANSPORTATION TECHNOLOGY IN19 TEGRATION.

20 (a) INTEGRATION PLAN.—The Administrator shall de21 velop a plan for the integration of research, development,

22 and experimental demonstration activities in the aero23 nautics transportation technology and space transportation

24 technology areas. The plan shall ensure that integration is

25 accomplished without losing unique capabilities which sup26 port the National Aeronautics and Space Administration’s
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1 defined missions. The plan shall also include appropriate

2 strategies for using aeronautics centers in integration ef3 forts.

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

5 after the date of the enactment of this Act, the Adminis6 trator shall transmit to the Congress a report containing

7 the plan developed under subsection (a). The Administrator

8 shall transmit to the Congress annually thereafter for 5

9 years a report on progress in achieving such plan, to be

10 transmitted with the annual budget request.

11 SEC. 209. DEFINITIONS OF COMMERCIAL SPACE POLICY

12 TERMS.

13 The Administrator shall ensure that the usage of termi14 nology in National Aeronautics and Space Administration

15 policies and programs is consistent with the following defi16 nitions:

17 (1) The term ‘‘commercialization’’ means the

18 process of private entities conducting privatized space

19 activities to expand their customer base beyond the

20 Federal Government to address existing or potential

21 commercial markets, investing private resources to

22 meet those commercial market requirements.

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

24 purchase by the Federal Government of space goods

25 and services at a market price from a private entity
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1 which has invested private resources to meet commer2 cial requirements.

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

4 means the use by a service contractor or other private

5 entity of the capability of Federal assets to deliver

6 services to commercial customers, with or without

7 putting private capital at risk.

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

9 combining of two or more Government service con10 tracts for related space activities into one larger Gov11 ernment service contract.

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

13 of transferring—

14 (A) control and ownership of Federal space15 related assets, along with the responsibility for

16 operating, maintaining, and upgrading those as17 sets; or

18 (B) control and responsibility for space-re19 lated functions,

20 from the Federal Government to the private sector.

21 SEC. 210. EXTERNAL TANK OPPORTUNITIES STUDY.

22 (a) APPLICATIONS.—the Administrator shall enter into

23 appropriate arrangements for an independent study to

24 identify, and evaluate the potential benefits and costs of,

25 the broadest possible range of commercial and scientific ap-
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1 plications which are enabled by the launch of Space Shuttle

2 external tanks into Earth orbit and retention in space,

3 including—

4 (1) the use of privately owned external tanks as

5 a venue for commercial advertising on the ground,

6 during ascent, and in Earth orbit, except that such

7 study shall not consider advertising that while in

8 orbit is observable from the ground with the unaided

9 human eye;

10 (2) the use of external tanks to achieve scientific

11 or technology demonstration missions in Earth orbit,

12 on the Moon, or elsewhere in space; and

13 (3) the use of external tanks as low-cost infra14 structure in Earth orbit or on the Moon, including as

15 an augmentation to the International Space Station.

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

17 to the Congress not later than 90 days after the date of en18 actment of this Act. Such report shall include recommenda19 tions as to Government and industry-funded improvements

20 to the external tank which would maximize its cost-effective21 ness for the scientific and commercial applications identi22 fied.

23 (b) REQUIRED IMPROVEMENTS.—The Administrator

24 shall conduct an internal agency study, based on the conclu25 sions of the study required by subsection (a), of what—
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1 (1) improvements to the current Space Shuttle

2 external tank; and

3 (2) other in-space transportation or infrastruc4 ture capability developments,

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

6 Space Shuttle external tank for any or all of the applica7 tions identified by the study required by subsection (a), a

8 report on which shall be delivered to Congress not later than

9 45 days after receipt of the final report required by sub10 section (a).

11 (c) CHANGES IN LAW OR POLICY.—Upon receipt of the

12 final report required by subsection (a), the Administrator

13 shall solicit comment from industry on what, if any,

14 changes in law or policy would be required to achieve the

15 applications identified in that final report. Not later than

16 90 days after receipt of such final report, the Administrator

17 shall transmit to the Congress the comments received along

18 with the recommendations of the Administrator as to

19 changes in law or policy that may be required for those

20 purposes.

21 SEC. 211. ELIGIBILITY FOR AWARDS.

22 (a) IN GENERAL.—The Administrator shall exclude

23 from consideration for grant agreements made by the Na24 tional Aeronautics and Space Administration after fiscal

25 year 1999 any person who received funds, other than those
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1 described in subsection (b), appropriated for a fiscal year

2 after fiscal year 1999, under a grant agreement from any

3 Federal funding source for a project that was not subjected

4 to a competitive, merit-based award process, except as spe5 cifically authorized by this Act. Any exclusion from consid6 eration pursuant to this section shall be effective for a pe7 riod of 5 years after the person receives such Federal funds.

8 (b) EXCEPTION.—Subsection (a) shall not apply to the

9 receipt of Federal funds by a person due to the membership

10 of that person in a class specified by law for which assist11 ance is awarded to members of the class according to a for12 mula provided by law.

13 (c) DEFINITION.—For purposes of this section, the

14 term ‘‘grant agreement’’ means a legal instrument whose

15 principal purpose is to transfer a thing of value to the re16 cipient to carry out a public purpose of support or stimula17 tion authorized by a law of the United States, and does

18 not include the acquisition (by purchase, lease, or barter)

19 of property or services for the direct benefit or use of the

20 United States Government. Such term does not include a

21 cooperative agreement (as such term is used in section 6305

22 of title 31, United States Code) or a cooperative research

23 and development agreement (as such term is defined in sec24 tion 12(d)(1) of the Stevenson-Wydler Technology Innova25 tion Act of 1980 (15 U.S.C. 3710a(d)(1))).
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1 SEC. 212. NOTICE.

2 (a) NOTICE OF REPROGRAMMING.—If any funds au3 thorized by this Act are subject to a reprogramming action

4 that requires notice to be provided to the Appropriations

5 Committees of the House of Representatives and the Senate,

6 notice of such action shall concurrently be provided to the

7 Committee on Science of the House of Representatives and

8 the Committee on Commerce, Science, and Transportation

9 of the Senate.

10 (b) NOTICE OF REORGANIZATION.—The Administrator

11 shall provide notice to the Committees on Science and Ap12 propriations of the House of Representatives, and the Com13 mittees on Commerce, Science, and Transportation and Ap14 propriations of the Senate, not later than 15 days before

15 any major reorganization of any program, project, or activ16 ity of the National Aeronautics and Space Administration.

17 SEC. 213. UNITARY WIND TUNNEL PLAN ACT OF 1949

18 AMENDMENTS.

19 The Unitary Wind Tunnel Plan Act of 1949 is

20 amended—

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

22 ‘‘transsonic and supersonic’’ and inserting in lieu

23 thereof ‘‘transsonic, supersonic, and hypersonic’’; and

24 (2) in section 103 (50 U.S.C. 513)—
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1 (A) by striking ‘‘laboratories’’ in subsection

2 (a) and inserting in lieu thereof ‘‘laboratories

3 and centers’’;

4 (B) by striking ‘‘supersonic’’ in subsection

5 (a) and inserting in lieu thereof ‘‘transsonic, su6 personic, and hypersonic’’; and

7 (C) by striking ‘‘laboratory’’ in subsection

8 (c) and inserting in lieu thereof ‘‘facility’’.

9 SEC. 214. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE

10 FLIGHT.

11 (a) ESTABLISHMENT OF PROGRAM.—In order to pro12 mote a ‘‘faster, cheaper, better’’ approach to the human ex13 ploration and development of space, the Administrator shall

14 establish a Human Space Flight Commercialization/Tech15 nology program of ground-based and space-based research

16 and development in innovative technologies.

17 (b) AWARDS.—At least 75 percent of the amount ap18 propriated for the program established under subsection (a)

19 for any fiscal year shall be awarded through broadly dis20 tributed announcements of opportunity that solicit pro21 posals from educational institutions, industry, nonprofit

22 institutions, National Aeronautics and Space Administra23 tion Centers, the Jet Propulsion Laboratory, other Federal

24 agencies, and other interested organizations, and that allow

25 partnerships among any combination of those entities, with
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1 evaluation, prioritization, and recommendations made by

2 external peer review panels.

3 (c) PLAN.—The Administrator shall include as part

4 of the National Aeronautics and Space Administration’s

5 budget request to the Congress for fiscal year 2001 a plan

6 for the implementation of the program established under

7 subsection (a).

8 SEC. 215. LIFE IN THE UNIVERSE.

9 (a) REVIEW.—The Administrator shall enter into ap10 propriate arrangements with the National Academy of

11 Sciences for the conduct of a review of—

12 (1) international efforts to determine the extent

13 of life in the universe; and

14 (2) enhancements that can be made to the Na15 tional Aeronautics and Space Administration’s efforts

16 to determine the extent of life in the universe.

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

18 shall include—

19 (1) an assessment of the direction of the National

20 Aeronautics and Space Administration’s astrobiology

21 initiatives within the Origins program;

22 (2) an assessment of the direction of other initia23 tives carried out by entities other than the National

24 Aeronautics and Space Administration to determine

25 the extent of life in the universe, including other Fed-
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1 eral agencies, foreign space agencies, and private

2 groups such as the Search for Extraterrestrial Intel3 ligence Institute;

4 (3) recommendations about scientific and techno5 logical enhancements that could be made to the Na6 tional Aeronautics and Space Administration’s

7 astrobiology initiatives to effectively utilize the initia8 tives of the scientific and technical communities; and

9 (4) recommendations for possible coordination or

10 integration of National Aeronautics and Space Ad11 ministration initiatives with initiatives of other enti12 ties described in paragraph (2).

13 (c) REPORT TO CONGRESS.—Not later than 18 months

14 after the date of the enactment of this Act, the Adminis15 trator shall transmit to the Congress a report on the results

16 of the review carried out under this section.

17 SEC. 216. RESEARCH ON INTERNATIONAL SPACE STATION.

18 (a) STUDY.—The Administrator shall enter into a con19 tract with the National Research Council and the National

20 Academy of Public Administration to jointly conduct a

21 study of the status of life and microgravity research as it

22 relates to the International Space Station. The study shall

23 include—
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1 (1) an assessment of the United States scientific

2 community’s readiness to use the International Space

3 Station for life and microgravity research;

4 (2) an assessment of the current and projected

5 factors limiting the United States scientific commu6 nity’s ability to maximize the research potential of

7 the International Space Station, including, but not

8 limited to, the past and present availability of re9 sources in the life and microgravity research accounts

10 within the Office of Human Spaceflight and the Of11 fice of Life and Microgravity Sciences and Applica12 tions, and the past, present, and projected access to

13 space of the scientific community; and

14 (3) recommendations for improving the United

15 States scientific community’s ability to maximize the

16 research potential of the International Space Station,

17 including an assessment of the relative costs and bene18 fits of—

19 (A) dedicating an annual mission of the

20 Space Shuttle to life and microgravity research

21 during assembly of the International Space Sta22 tion; and

23 (B) maintaining the schedule for assembly

24 in place at the time of enactment.
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1 (b) REPORT.—Not later than 1 year after the date of

2 the enactment of this Act, the Administrator shall transmit

3 to the Committee on Science of the House of Representatives

4 and the Committee on Commerce, Science, and Transpor5 tation of the Senate a report on the results of the study

6 conducted under this section.

7 SEC. 217. REMOTE SENSING FOR AGRICULTURAL AND RE8 SOURCE MANAGEMENT.

9 The Administrator shall—

10 (1) consult with the Secretary of Agriculture to

11 determine data product types that are of use to farm12 ers which can be remotely sensed from air or space;

13 (2) consider useful commercial data products re14 lated to agriculture as identified by the focused re15 search program between the National Aeronautics and

16 Space Administration’s Stennis Space Center and the

17 Department of Agriculture; and

18 (3) examine other data sources, including com19 mercial sources, LightSAR, RADARSAT I, and

20 RADARSAT II, which can provide domestic and

21 international agricultural information relating to

22 crop conditions, fertilization and irrigation needs,

23 pest infiltration, soil conditions, projected food, feed,

24 and fiber production, and other related subjects.
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1 SEC. 218. INTEGRATED SAFETY RESEARCH PLAN.

2 (a) REQUIREMENT.—Not later than March 1, 2000, the

3 Administrator and the Administrator of the Federal Avia4 tion Administration shall jointly prepare and transmit to

5 the Congress an integrated civil aviation safety research

6 and development plan.

7 (b) CONTENTS.—The plan required by subsection (a)

8 shall include—

9 (1) an identification of the respective research

10 and development requirements, roles, and responsibil11 ities of the National Aeronautics and Space Adminis12 tration and the Federal Aviation Administration;

13 (2) formal mechanisms for the timely sharing of

14 information between the National Aeronautics and

15 Space Administration and the Federal Aviation Ad16 ministration, including a requirement that the FAA17 NASA Coordinating Committee established in 1980

18 meet at least twice a year; and

19 (3) procedures for increased communication and

20 coordination between the Federal Aviation Adminis21 tration research advisory committee established under

22 section 44508 of title 49, United States Code, and the

23 NASA Aeronautics and Space Transportation Tech24 nology Advisory Committee, including a proposal for

25 greater cross-membership between those 2 advisory

26 committees.
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1 SEC. 219. 100TH ANNIVERSARY OF FLIGHT EDUCATIONAL

2 INITIATIVE.

3 (a) EDUCATION CURRICULUM.—In recognition of the

4 100th anniversary of the first powered flight, the Adminis5 trator, in coordination with the Secretary of Education,

6 shall develop and provide for the distribution, for use in

7 the 2000–2001 academic year and thereafter, of an age-ap8 propriate educational curriculum, for use at the kinder9 garten, elementary, and secondary levels, on the history of

10 flight, the contribution of flight to global development in

11 the 20th century, the practical benefits of aeronautics and

12 space flight to society, the scientific and mathematical prin13 ciples used in flight, and any other topics the Administrator

14 considers appropriate. The Administrator shall integrate

15 into the educational curriculum plans for the development

16 and flight of the Mars plane.

17 (b) REPORT TO CONGRESS.—Not later than May 1,

18 2000, the Administrator shall transmit a report to the Com19 mittee on Science of the House of Representatives and the

20 Committee on Commerce, Science, and Transportation of

21 the Senate on activities undertaken pursuant to this section.

22 SEC. 220. INTERNET AVAILABILITY OF INFORMATION.

23 The Administrator shall make available through the

24 Internet home page of the National Aeronautics and Space

25 Administration the abstracts relating to all research grants

26 and awards made with funds authorized by this Act. Noth-
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1 ing in this section shall be construed to require or permit

2 the release of any information prohibited by law or regula3 tion from being released to the public.