In the Senate of the United States,

November 5, 1999.

Resolved, That the bill from the House of Representatives (H.R. 1654) entitled ‘‘An Act to authorize appropriations for the National Aeronautics and Space Administration

for fiscal years 2000, 2001, and 2002, and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na3 tional Aeronautics and Space Administration Authoriza4 tion Act for Fiscal Years 2000, 2001, and 2002’’.

5 (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.
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Sec. 105. Inspector General.

Sec. 106. Experimental Program to Stimulate Competitive Research.

Subtitle B—Limitations and Special Authority

Sec. 111. Use of funds for construction.

Sec. 112. Availability of appropriated amounts.

Sec. 113. Reprogramming for construction of facilities.

Sec. 114. Consideration by committees.

Sec. 115. Use of funds for scientific consultations or extraordinary expenses.

TITLE II—INTERNATIONAL SPACE STATION

Sec. 201. International Space Station contingency plan.

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

Sec. 203. Liability cross-waivers for International Space Station-related activities.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. National Aeronautics and Space Act of 1958 amendments.

Sec. 302. Use of existing facilities.

Sec. 303. Authority to reduce or suspend contract payments based on substantial

evidence of fraud.

Sec. 304. Notice.

Sec. 305. Sense of Congress on the year 2000 problem.

Sec. 306. Unitary Wind Tunnel Plan Act of 1949 amendments.

Sec. 307. Enhancement of science and mathematics programs.

Sec. 308. Authority to vest title.

Sec. 309. NASA mid-range procurement test program.

Sec. 310. Space advertising.

Sec. 311. Authority to license NASA-developed software.

Sec. 312. Carbon cycle remote sensing technology.

Sec. 313. Indemnification and insurance.

1 SEC. 2. FINDINGS.

2 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, personnel base downsizing, and

8 convergence with other defense and commercial sector

9 systems, while sustaining safety standards for per10 sonnel and hardware.
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1 (2) The National Aeronautics and Space Admin2 istration should sustain its proud history as the lead3 er of the United States in basic aeronautics and space

4 research.

5 (3) The United States is on the verge of creating

6 and using new technologies in microsatellites, infor7 mation processing, and space launches that could

8 radically alter the manner in which the Federal Gov9 ernment approaches its space mission.

10 (4) The Federal Government should invest in the

11 types of research and innovative technology in which

12 United States commercial providers do not invest,

13 while avoiding competition with the activities in

14 which United States commercial providers do invest.

15 (5) International cooperation in space explo16 ration and science activities serves the interest of the

17 United States.

18 (6) In participating in the National Aero19 nautical Test Alliance, the National Aeronautics and

20 Space Administration and the Department of Defense

21 should cooperate more effectively in leveraging the

22 mutual capabilities of these agencies to conduct joint

23 aeronautics and space missions that not only improve

24 United States aeronautics and space capabilities, but

25 also reduce the cost of conducting those missions.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the National Aer5 onautics and Space Administration.

6 (2) COMMERCIAL PROVIDER.—The term ‘‘com7 mercial provider’’ means any person providing space

8 transportation services or other space-related activi9 ties, the primary control of which is held by persons

10 other than a Federal, State, local, or foreign govern11 ment.

12 (3) CRITICAL PATH.—The term ‘‘critical path’’

13 means the sequence of events of a schedule of events

14 under which a delay in any event causes a delay in

15 the overall schedule.

16 (4) GRANT AGREEMENT.—The term ‘‘grant

17 agreement’’ has the meaning given that term in sec18 tion 6302(2) of title 31, United States Code.

19 (5) INSTITUTION OF HIGHER EDUCATION.—The

20 term ‘‘institution of higher education’’ has the mean21 ing given such term in section 1201(a) of the Higher

22 Education Act of 1965 (20 U.S.C. 1141(a)).

23 (6) MAJOR REORGANIZATION.—With respect to

24 the National Aeronautics and Space Administration,

25 the term ‘‘major reorganization’’ means any reorga26 nization of the Administration that involves the reas-
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1 signment of more than 25 percent of the employees of

2 the National Aeronautics and Space Administration.

3 (7) STATE.—The term ‘‘State’’ means each of the

4 several States of the United States, the District of Co5 lumbia, the Commonwealth of Puerto Rico, the Virgin

6 Islands, Guam, American Samoa, the Commonwealth

7 of the Northern Mariana Islands, and any other com8 monwealth, territory, or possession of the United

9 States.

10 TITLE I—AUTHORIZATION OF

11 APPROPRIATIONS

12 Subtitle A—Authorizations

13 SEC. 101. INTERNATIONAL SPACE STATION.

14 There are authorized to be appropriated to the Na15 tional Aeronautics and Space Administration for the Inter16 national Space Station—

17 (1) $2,282,700,000 for fiscal year 2000;

18 (2) $2,328,000,000 for fiscal year 2001; and

19 (3) $2,091,000,000 for fiscal year 2002.

20 SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.

21 There are authorized to be appropriated to National

22 Aeronautics and Space Administration for Launch Vehicle

23 and Payload Operations—

24 (1) for fiscal year 2000—
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1 (A) $2,547,400,000 for space shuttle oper2 ations;

3 (B) $463,800,000 for space shuttle safety

4 and performance upgrades; and

5 (C) $169,100,000 for payload and utiliza6 tion operations.

7 (2) for fiscal year 2001—

8 (A) $2,623,822,000 for space shuttle oper9 ations;

10 (B) $481,964,000 for space shuttle safety

11 and performance upgrades; and

12 (C) $174,173,000 for payload and utiliza13 tion operations.

14 (3) for fiscal year 2002—

15 (A) $2,702,537,000 for space shuttle oper16 ations;

17 (B) $505,523,000 for space shuttle safety/

18 performance upgrades; and

19 (C) $179,398,000 for payload and utiliza20 tion operations.

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

22 There are authorized to be appropriated to the Na23 tional Aeronautics and Space Administration for Science,

24 Aeronautics, and Technology—

25 (1) for fiscal year 2000—
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1 (A) $2,196,600,000 for Space Science;

2 (B) $256,200,000 for life and microgravity

3 sciences and applications, of which $2,000,000

4 shall be for research and early detection system

5 for breast and ovarian cancer and other women’s

6 health issues, and $2,000,000 shall be made

7 available for immediate clinical trials of islet

8 transplantation in patients with Type I diabetes

9 utilizing immunoisolation technologies derived

10 from NASA space flights;

11 (C) $1,459,100,000 for Earth Science;

12 (D) $1,156,500,000 for aeronautics and

13 space transportation technology, of which—

14 (i) $770,000,000 shall be used for aero15 nautical research and technology, of which

16 at least $60,000,000 shall be used for the

17 Aviation Safety Program, and of which

18 $25,000,000 shall be used to augment re19 search and technology relating to reduction

20 in aircraft noise consistent with a noise re21 duction goal of 10dB by 2007, and of which

22 $50,000,000 shall be used for ultra-efficient

23 engine technology;

24 (ii) $254,000,000 shall be used for ad25 vanced space transportation technology, of
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1 which $111,600,000 shall be used only for

2 the X–33 advanced technology demonstra3 tion vehicle program; and

4 (iii) $132,500,000 shall be used for

5 commercial technology, of which some funds

6 may be used for the expansion of the NASA

7 business incubation program which is de8 signed to foster partnerships between edu9 cational institutions and small high-tech10 nology businesses with preference given to

11 those programs associated with community

12 colleges;

13 (E) $406,300,000 for mission communica14 tions services;

15 (F) $130,000,000 for academic programs, of

16 which $46,000,000 shall be used for minority

17 university research and education (at institu18 tions such as Hispanic-serving institutions and

19 tribally-controlled community colleges), of which

20 $28,000,000 shall be used for historically black

21 colleges and universities; and

22 (G) $150,000,000 for future planning (space

23 launch).

24 (2) for fiscal year 2001—

25 (A) $2,262,498,000 for Space Science;
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1 (B) $263,886,000 for life and microgravity

2 sciences and applications, and appropriate fund3 ing shall be made available for continuing clin4 ical trials of islet transplantation in patients

5 with Type I diabetes utilizing immunoisolation

6 technologies derived from NASA space flights;

7 (C) $1,502,873,000 for Earth Science;

8 (D) $1,036,695,000 for aeronautics and

9 space transportation technology, of which

10 $820,000,000 shall be used for aeronautical re11 search and technology, of which—

12 (i) at least $60,000,000 shall be used

13 for the Aviation Safety program;

14 (ii) $25,000,000 shall be used to aug15 ment research and technology relating to re16 duction in aircraft noise consistent with a

17 noise reduction goal of 10dB by 2007;

18 (iii) $75,000,000 shall be used to aug19 ment research and technology for engine

20 and airframe efficiency and emissions re21 duction; and

22 (iv) $50,000,000 shall be used for

23 ultra-efficient engine technology;

24 (E) $418,489,000 for mission communica25 tions services;
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1 (F) $133,900,000 for academic programs;

2 and

3 (G) $150,000,000 for future planning (space

4 launch).

5 (3) for fiscal year 2002—

6 (A) $2,330,373,000 for Space Science;

7 (B) $271,803,000 for life and microgravity

8 sciences and applications, and appropriate fund9 ing shall be made available for continuing clin10 ical trials of islet transplantation in patients

11 with Type I diabetes utilizing immunoisolation

12 technologies derived from NASA space flights;

13 (C) $1,547,959,000 for Earth Science;

14 (D) $1,067,796,000 for aeronautics and

15 space transportation technology, of which

16 $880,000,000 shall be used for aeronautical re17 search and technology, of which—

18 (i) at least $60,000,000 shall be used

19 for the Aviation Safety program;

20 (ii) $25,000,000 shall be used to aug21 ment research and technology relating to re22 duction in aircraft noise consistent with a

23 noise reduction goal of 10dB by 2007;

24 (iii) $75,000,000 shall be used to aug25 ment research and technology for engine
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1 and airframe efficiency and emissions re2 duction; and

3 (iv) $50,000,000 shall be used for

4 ultra-efficient engine technology;

5 (E) $431,044,000 for mission communica6 tions services;

7 (F) $137,917,000 for academic programs;

8 and

9 (G) $280,000,000 for future planning (space

10 launch).

11 SEC. 104. MISSION SUPPORT.

12 There are authorized to be appropriated to the Na13 tional Aeronautics and Space Administration for mission

14 support—

15 (1) for fiscal year 2000—

16 (A) $43,000,000 for safety, mission assur17 ance, engineering, and advanced concepts;

18 (B) $89,700,000 for space communication

19 services;

20 (C) $181,000,000 for construction of facili21 ties, including land acquisition; and

22 (D) $2,181,200,000 for research and pro23 gram management, including personnel and re24 lated costs, travel, and research operations sup25 port.
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1 (2) $2,569,747,000 for fiscal year 2001.

2 (3) $2,646,839,000 for fiscal year 2002.

3 SEC. 105. INSPECTOR GENERAL.

4 There are authorized to be appropriated to the Na5 tional Aeronautics and Space Administration for Inspector

6 General—

7 (1) $20,800,000 for fiscal year 2000;

8 (2) $21,424,000 for fiscal year 2001; and

9 (3) $22,066,720 for fiscal year 2002.

10 SEC. 106. EXPERIMENTAL PROGRAM TO STIMULATE COM11 PETITIVE RESEARCH.

12 Of the amounts authorized to be appropriated for aca13 demic programs under section 103(1)(F), 103(2)(F), and

14 103(3)(F), respectively, the Administrator shall use, for the

15 program known as the Experimental Program to Stimulate

16 Competitive Research—

17 (1) $10,000,000 for fiscal year 2000;

18 (2) $15,000,000 for fiscal year 2001; and

19 (3) $20,000,000 for fiscal year 2002.

20 Subtitle B—Limitations and

21 Special Authority

22 SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

23 (a) AUTHORIZED USES.—Funds made available by

24 appropriations under section 101, paragraphs (1)(A),

25 (1)(B), (2)(A), (2)(B), (3)(A), and (3)(B) of section 102,
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1 section 103, and paragraphs (1)(A), (1)(B), (2)(A), and

2 (2)(B) of section 104 and funds made available by appro3 priations for research operations support pursuant to sec4 tion 104 may, at any location in support of the purposes

5 for which such funds are appropriated, be used for—

6 (1) the construction of new facilities; and

7 (2) additions to, repair of, rehabilitation of, or

8 modification of existing facilities (in existence on the

9 date on which such funds are made available by ap10 propriation).

11 (b) LIMITATION.—

12 (1) IN GENERAL.—Until the date specified in

13 paragraph (2), no funds may be expended pursuant

14 to subsection (a) for a project, with respect to which

15 the estimated cost to the National Aeronautics and

16 Space Administration, including collateral equip17 ment, exceeds $1,000,000.

18 (2) DATE.—The date specified in this paragraph

19 is the date that is 30 days after the Administrator no20 tifies the Committee on Commerce, Science, and

21 Transportation of the Senate and the Committee on

22 Science of the House of Representatives of the nature,

23 location, and estimated cost to the National Aero24 nautics and Space Administration of the project re25 ferred to in paragraph (1).
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1 (c) TITLE TO FACILITIES.—

2 (1) IN GENERAL.—If funds are used pursuant to

3 subsection (a) for grants for the purchase or construc4 tion of additional research facilities to institutions of

5 higher education, or to nonprofit organizations whose

6 primary purpose is the conduct of scientific research,

7 title to these facilities shall be vested in the United

8 States.

9 (2) EXCEPTION.—If the Administrator deter10 mines that the national program of aeronautical and

11 space activities will best be served by vesting title to

12 a facility referred to in paragraph (1) in an institu13 tion or organization referred to in that paragraph,

14 the title to that facility shall vest in that institution

15 or organization.

16 (3) CONDITION.—Each grant referred to in para17 graph (1) shall be made under such conditions as the

18 Administrator determines to be necessary to ensure

19 that the United States will receive benefits from the

20 grant that are adequate to justify the making of the

21 grant.

22 SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

23 To the extent provided in appropriations Acts, appro24 priations authorized under subtitle A may remain available

25 without fiscal year limitation.
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1 SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA2 CILITIES.

3 (a) USE OF CONSTRUCTION FUNDS.—Subject to sub4 section (b), in addition to the amounts authorized for con5 struction of facilities under section 101(4) or section 103(3),

6 the Administrator may, for that purpose, from funds other7 wise available to the Administrator—

8 (1) use an additional amount equal to 10 per9 cent of the amount specified; or

10 (2) to meet unusual cost variations, use an addi11 tional amount equal to 25 percent of that amount,

12 after the termination of a 30-day period beginning on

13 the date on which the Administrator submits a report

14 on the circumstances of such action by the Adminis15 trator to the Committee on Commerce, Science, and

16 Transportation of the Senate and the Committee on

17 Science of the House of Representatives.

18 (b) LIMITATION.—The aggregate amount authorized to

19 be appropriated for construction of facilities under section

20 101(4) and section 103(3) shall not be increased as a result

21 of any action taken by the Administrator under paragraph

22 (1) or (2).

23 SEC. 114. CONSIDERATION BY COMMITTEES.

24 (a) IN GENERAL.—

25 (1) LIMITATION ON USE OF FUNDS.—Except as

26 provided in subsection (b), notwithstanding any other
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1 provision of law, no amount made available by ap2 propriations for the National Aeronautics and Space

3 Administration in excess of the amount authorized for

4 that program under this title may be used for any

5 program with respect to which—

6 (A) the annual budget request submitted by

7 the President under section 1105(a) of title 31,

8 United States Code, included a request for fund9 ing; and

10 (B) for the fiscal year of the request referred

11 to in subparagraph (A), Congress denied or did

12 not provide funding.

13 (2) PROHIBITION.—Notwithstanding any other

14 provision of law, no amount made available by ap15 propriations to the National Aeronautics and Space

16 Administration may be used for any program that is

17 not authorized under this Act, except for projects for

18 construction of facilities.

19 (b) EXCEPTION.—Funds may be used for a program

20 of the National Aeronautics and Space Administration

21 upon the expiration of the 30-day period beginning on the

22 date on which the Administrator provides a notice to the

23 Committee on Commerce, Science, and Transportation of

24 the Senate and the Committee on Science of the House of

25 Representatives that contains—
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1 (1) a full and complete statement of the action

2 proposed to be taken by the Administrator with re3 spect to that program; and

4 (2) the facts and circumstances that the Admin5 istrator relied on to support the proposed action re6 ferred to in paragraph (1).

7 (c) INFORMATION.—The Administrator shall keep the

8 Committee on Commerce, Science, and Transportation of

9 the Senate and the Committee on Science of the House of

10 Representatives fully and currently informed with respect

11 to all activities and responsibilities of the National Aero12 nautics and Space Administration within the jurisdiction

13 of those committees.

14 SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

15 OR EXTRAORDINARY EXPENSES.

16 Not more than $35,000 of the amounts made available

17 by appropriations pursuant to section 103 may be used by

18 the Administrator for scientific consultations or extraor19 dinary expenses.

20 TITLE II—INTERNATIONAL

21 SPACE STATION

22 SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY

23 PLAN.

24 (a) TRANSFER OF FUNDS TO RUSSIA.—Notwith25 standing any other provision of this Act, no funds or in-
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1 kind payments shall be transferred to any entity of the Rus2 sian Government or any Russian contractor to perform

3 work on the International Space Station which the Russian

4 Government pledged, at any time, to provide at its expense.

5 This subsection shall not apply to the purchase or modifica6 tion of—

7 (1) the Russian Service Module, United States

8 owned Functional Cargo Block, Russian space launch

9 vehicles and launch services; or

10 (2) until the assembly of the United States lab

11 module, command and control capability.

12 (b) CONTINGENCY PLAN FOR RUSSIAN ELEMENTS IN

13 CRITICAL PATH.—The Administrator shall develop and de14 liver to Congress, within 60 days of enactment, a contin15 gency plan for the removal or replacement of each Russian

16 Government element of the International Space Station

17 that lies in the Station’s critical path, as well as Russian

18 space launch services. Such plan shall include—

19 (1) decision points for removing or replacing

20 those elements and launch services, to the maximum

21 extent feasible, necessary for completion of the Inter22 national Space Station;

23 (2) the estimated cost of implementing each such

24 decision; and
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1 (3) the cost, to the extent determinable, of remov2 ing or replacing a Russian Government critical path

3 element or launch service after its decision point has

4 passed, if—

5 (A) the decision at that point was not to re6 move or replace the Russian Government element

7 or launch service; and

8 (B) the National Aeronautics and Space

9 Administration later determines that the Rus10 sian Government will be unable to provide the

11 critical path element or launch service in a man12 ner to allow completion of the International

13 Space Station.

14 (c) BIMONTHLY REPORTING ON RUSSIAN STATUS.—

15 On or before December 1, 1999, and until substantial com16 pletion (as defined in section 202(b)(3) of this Act) of the

17 assembly of the International Space Station, the Adminis18 trator shall report to Congress on the first day of every other

19 month whether or not the Russians have performed work

20 expected of them and necessary to complete the Inter21 national Space Station. Such report shall also include a

22 statement of the Administrator’s judgment concerning Rus23 sia’s ability to perform work anticipated and required to

24 complete the International Space Station before the next re25 port under this subsection.
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1 (d) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—

2 The President shall notify Congress within 90 days of enact3 ment of this Act of the decision on whether or not to proceed

4 with permanent replacement of the Russian Service Module,

5 other Russian elements in the critical path of the Inter6 national Space Station, or Russian launch services. Such

7 notification shall include the reasons and justifications for

8 the decision and the costs associated with the decision. Such

9 decision shall include a judgment of when the assembly of

10 the International Space Station will be completed. If the

11 President decides to proceed with a permanent replacement

12 for the Russian Service Module or any other Russian ele13 ment in the critical path or Russian launch service, the

14 President shall notify Congress of the reasons and the jus15 tification for the decision to proceed with the permanent

16 replacement, and the costs associated with the decision.

17 SEC. 202. COST LIMITATION FOR THE INTERNATIONAL

18 SPACE STATION

19 (a) LIMITATION OF COSTS.—Except as provided in

20 subsection (c), the total amount appropriated for—

21 (1) costs of the International Space Station

22 through completion of assembly may not exceed

23 $21,900,000,000; and

24 (2) space shuttle launch costs in connection with

25 the assembly of the International Space Station
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1 through completion of assembly may not exceed

2 $17,700,000,000 (determined at the rate of

3 $380,000,000 per space shuttle flight).

4 (b) COSTS TO WHICH LIMITATION APPLIES.—

5 (1) DEVELOPMENT COSTS.—The limitation im6 posed by subsection (a)(1) does not apply to funding

7 for operations, research, and crew return activities

8 subsequent to substantial completion of the Inter9 national Space Station.

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

11 subsection (a)(2) does not apply to space shuttle

12 launch costs in connection with operations, research,

13 and crew return activities subsequent to substantial

14 completion of the International Space Station.

15 (3) SUBSTANTIAL COMPLETION.—For purposes of

16 this subsection, the International Space Station is

17 considered to be substantially completed when the de18 velopment costs comprise 5 percent or less of the total

19 International Space Station costs for the fiscal year.

20 (c) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—

21 The amounts set forth in subsection (a) shall each be in22 creased to reflect any increase in costs attributable to—

23 (1) economic inflation;
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1 (2) compliance with changes in Federal, State,

2 or local laws enacted after the date of enactment of

3 this Act;

4 (3) the lack of performance or the termination of

5 participation of any of the International countries

6 participating in the International Space Station; and

7 (4) new technologies to improve safety, reli8 ability, maintainability, availability, or utilization of

9 the International Space Station, or to reduce costs

10 after completion of assembly, including increases in

11 costs for on-orbit assembly sequence problems, in12 creased ground testing, verification and integration

13 activities, contingency responses to on-orbit failures,

14 and design improvements to reduce the risk of on15 orbit failures.

16 (d) NOTICE OF CHANGES.—The Administrator shall

17 provide with each annual budget request a written notice

18 and analysis of any changes under subsection (c) to the

19 amounts set forth in subsection (a) to the Senate Commit20 tees on Appropriations and on Commerce, Science, and

21 Transportation and to the House of Representatives Com22 mittees on Appropriations and on Science. The written no23 tice shall include—

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

25 including the costs associated with the change and the
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1 expected benefit to the program to be derived from the

2 change; and

3 (2) an analysis of the impact on the assembly

4 schedule and annual funding estimates of not receiv5 ing the requested increases.

6 (e) REPORTING AND REVIEW.—

7 (1) IDENTIFICATION OF COSTS.—

8 (A) SPACE SHUTTLE.—As part of the over9 all space shuttle program budget request for each

10 fiscal year, the Administrator shall identify sep11 arately the amounts of the requested funding that

12 are to be used for completion of the assembly of

13 the International Space Station.

14 (B) INTERNATIONAL SPACE STATION.—As

15 part of the overall International Space Station

16 budget request for each fiscal year, the Adminis17 trator shall identify the amount to be used for

18 development of the International Space Station.

19 (2) ACCOUNTING FOR COST LIMITATIONS.—As

20 part of the annual budget request to the Congress, the

21 Administrator shall account for the cost limitations

22 imposed by subsection (a).

23 (3) VERIFICATION OF ACCOUNTING.—The Admin24 istrator shall arrange for a verification, by the Gen25 eral Accounting Office, of the accounting submitted to
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1 the Congress within 60 days after the date on which

2 the budget request is transmitted to the Congress.

3 (4) INSPECTOR GENERAL.—Within 60 days after

4 the Administrator provides a notice and analysis to

5 the Congress under subsection (d), the Inspector Gen6 eral of the National Aeronautics and Space Adminis7 tration shall review the notice and analysis and re8 port the results of the review to the committees to

9 which the notice and analysis was provided.

10 SEC. 203. LIABILITY CROSS-WAIVERS FOR INTERNATIONAL

11 SPACE STATION-RELATED ACTIVITIES

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, the Administrator, on behalf of the United

14 States, its departments, agencies, and related entities, may

15 reciprocally waive claims with cooperating parties, and the

16 related entities of such cooperating parties, under which

17 each party to each such waiver agrees to be responsible, and

18 agrees to ensure that its own related entities are responsible,

19 for damage or loss to its property or to property for which

20 it is responsible, or for losses resulting from any injury or

21 death sustained by its own employees or agents, as a result

22 of activities connected to the International Space Station

23 Program.

24 (b) LIMITATIONS.—
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1 (1) CLAIMS.—A reciprocal waiver under sub2 section (a) may not preclude a claim by any natural

3 person (including, but not limited to, a natural per4 son who is an employee of the United States, the co5 operating party, or the cooperating party’s sub6 contractors) or that natural person’s estate, survivors,

7 or subrogees for injury or death, except with respect

8 to a subrogee that is a party to the waiver or has oth9 erwise agreed to be bound by the terms of the waiver.

10 (2) LIABILITY FOR NEGLIGENCE.—A reciprocal

11 waiver under subsection (a) may not absolve any

12 party of liability to any natural person (including,

13 but not limited to, a natural person who is an em14 ployee of the United States, the cooperating party, or

15 the cooperating party’s subcontractors) or such nat16 ural person’s estate, survivors, or subrogees for neg17 ligence, except with respect to a subrogee that is a

18 party to the waiver or has otherwise agreed to be

19 bound by the terms of the waiver.

20 (3) INDEMNIFICATION FOR DAMAGES.—A recip21 rocal waiver under subsection (a) may not be used as

22 the basis of a claim by the Administration or the co23 operating party for indemnification against the other

24 for damages paid to a natural person, or that natural

25 person’s estate, survivors, or subrogees, for injury or
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1 death sustained by that natural person as a result of

2 activities connected to the International Space Sta3 tion Program.

4 (c) SAFETY OVERSIGHT AND REVIEW REQUIRED.—In

5 the exercise of the authority provided in subsection (a), and

6 consistent with relevant agreements with cooperating par7 ties in the International Space Station Program, the Ad8 ministrator shall establish overall safety requirements and

9 plans and shall conduct overall integrated system safety re10 views for International Space Station elements and pay11 loads, and may undertake any and all authorized steps (in12 cluding, but not limited to, removal from launch manifest)

13 to ensure, to the maximum extent possible, that such ele14 ments and payloads pose no safety risks for the Inter15 national Space Station.

16 (d) DEFINITIONS.—In this section:

17 (1) COOPERATING PARTY.—The term ‘‘cooper18 ating party’’ means any person who enters into an

19 agreement or contract with the Administration for the

20 performance or support of scientific, aeronautical, or

21 space activities in furtherance of the International

22 Space Station Program.

23 (2) RELATED ENTITY.—The term ‘‘related enti24 ty’’ includes contractors or subcontractors at any tier,

25 suppliers, grantees, and investigators or detailees.
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1 (3) COMMON TERMS.—Any term used in this sec2 tion that is defined in the National Aeronautics and

3 Space Act of 1958 (42 U.S.C. 2451 et seq.) has the

4 same meaning in this section as when it is used in

5 that Act.

6 (e) EFFECT ON PREVIOUS WAIVERS.—Subsection (a)

7 applies to any waiver of claims entered into by the Admin8 istrator without regard to whether it was entered into be9 fore, on, or after the date of enactment of this Act.

10 TITLE III—MISCELLANEOUS

11 PROVISIONS

12 SEC. 301. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

13 AMENDMENTS.

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

15 102 of the National Aeronautics and Space Act of 1958 (42

16 U.S.C. 2451) is amended—

17 (1) by striking subsection (f);

18 (2) by redesignating subsections (g) and (h) as

19 subsections (f) and (g), respectively; and

20 (3) in subsection (g), as redesignated by para21 graph (1) of this subsection, by striking ‘‘(f), and (g)’’

22 and inserting ‘‘and (f)’’.

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

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

25 2476(a)) is amended—
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1 (1) by striking ‘‘January’’ and inserting ‘‘May’’;

2 and

3 (2) by striking ‘‘calendar’’ and inserting ‘‘fis4 cal’’.

5 (c) DISCLOSURE OF TECHNICAL DATA.—Section 303

6 of the National Aeronautics and Space Act of 1958 (42

7 U.S.C. 2454) is amended by adding at the end the following

8 new subsection:

9 ‘‘(c) The Administrator may delay for a period not

10 to exceed 5 years after development, the unrestricted public

11 disclosure of technical data that would have been a trade

12 secret or commercial or financial information that is privi13 leged or confidential under the meaning of section 552(b)(4)

14 of title 5, United States Code, if the information had been

15 obtained from a non-Federal party, in any case in which

16 the technical data is generated in the performance of experi17 mental, developmental, or research activities or programs

18 conducted by, or funded in whole or in part by, the Admin19 istration. The technical data referred to in the preceding

20 sentence shall not be subject to the disclosure requirements

21 of section 552 of title 5, United States Code.’’.

22 SEC. 302. USE OF EXISTING FACILITIES.

23 (a) IN GENERAL.—In any case in which the Adminis24 trator considers the purchase, lease, or expansion of a facil25 ity to meet requirements of the National Aeronautics and
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1 Space Administration, the Administrator, taking into ac2 count the applicable requirements of Federal law relating

3 to the use or disposal of excess or surplus property, includ4 ing the Federal Property and Administrative Services Act

5 of 1949, shall—

6 (1) consider whether there is available to the Ad7 ministrator for use for meeting those requirements—

8 (A) any military installation that is closed

9 or being closed;

10 (B) any facility at an installation referred

11 to in subparagraph (A); or

12 (C) any other facility that the Adminis13 trator determines to be—

14 (i) owned or leased by the United

15 States for the use of another agency of the

16 Federal Government; and

17 (ii) considered by the head of the agen18 cy involved—

19 (I) to be excess to the needs of that

20 agency; or

21 (II) to be underutilized by that

22 agency; and

23 (2) in the case of an underutilized facility avail24 able in part for use to meet those requirements, con25 sider locating an activity of the National Aeronautics
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1 and Space Administration for which a facility is re2 quired at that underutilized facility in such manner

3 as to share the use of the facility with 1 or more

4 agencies of the Federal Government.

5 (b) ADDITION OR EXPANSION.—To the maximum ex6 tent feasible and cost-effective (and not inconsistent with

7 the purposes of the Defense Base Closure and Realignment

8 Act of 1990 (104 Stat. 1808 et seq.) and the amendments

9 made by that Act), the Administrator shall meet the re10 quirements of the National Aeronautics and Space Admin11 istration for additional or expanded facilities by using fa12 cilities that—

13 (1) the Administrator considers, pursuant to

14 subsection (a), to be available to the Administrator

15 for use to meet those requirements; and

16 (2) meet the management needs of the National

17 Aeronautics and Space Administration.

18 (c) UNDERUTILIZED INFRASTRUCTURE.—The United

19 States space launch industry has identified underutilized

20 infrastructure at the Stennis Space Center for potential use

21 in launch vehicle development activities. The proposed use

22 of this infrastructure is compatible with the Center’s pro23 pulsion test programs and consistent with other efforts to

24 optimize taxpayer investments while fostering United

25 States competitiveness and commercial use of space. The
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1 National Aeronautics and Space Administration is encour2 aged to pursue an appropriate method for making the un3 derutilized Stennis Space Center infrastructure available

4 under suitable terms and conditions, if so requested by in5 dustry, and to notify the United States Senate Committee

6 on Commerce, Science, and Transportation and the United

7 States House of Representatives Committee on Science if

8 existing Administration authority is insufficient for this

9 purpose.

10 SEC. 303. AUTHORITY TO REDUCE OR SUSPEND CONTRACT

11 PAYMENTS BASED ON SUBSTANTIAL EVI12 DENCE OF FRAUD.

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

14 amended by striking ‘‘and (4)’’ and inserting ‘‘(4), and

15 (6)’’.

16 SEC. 304. NOTICE.

17 (a) NOTICE OF REPROGRAMMING.—If any funds ap18 propriated pursuant to the amendments made by this Act

19 are subject to a reprogramming action that requires notice

20 to be provided to the Committees on Appropriations of the

21 Senate and the House of Representatives, notice of that ac22 tion shall concurrently be provided to the Committee on

23 Commerce, Science, and Transportation of the Senate and

24 the Committee on Science of the House of Representatives.
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1 (b) NOTICE OF REORGANIZATION.—Not later than 30

2 days before any major reorganization involving the reas3 signment of more than 25 percent of the employees of any

4 program, project, or activity of the National Aeronautics

5 and Space Administration, the Administrator shall provide

6 notice to the Committees on Commerce, Science, and Trans7 portation and Appropriations of the Senate and the Com8 mittees on Science and Appropriations of the House of Rep9 resentatives.

10 SEC. 305. SENSE OF CONGRESS ON THE YEAR 2000 PROB11 LEM.

12 With the year 2000 rapidly approaching, it is the sense

13 of Congress that the Administrator should—

14 (1) give high priority to correcting all 2-digit

15 date-related problems in the computer systems of the

16 National Aeronautics and Space Administration to

17 ensure that those systems continue to operate effec18 tively in the year 2000 and in subsequent years;

19 (2) as soon as practicable after the date of enact20 ment of this Act, assess the extent of the risk to the

21 operations of the National Aeronautics and Space Ad22 ministration posed by the problems referred to in

23 paragraph (1), and plan and budget for achieving

24 compliance for all of the mission-critical systems of

25 the system by the year 2000; and
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1 (3) develop contingency plans for those systems

2 that the National Aeronautics and Space Administra3 tion is unable to correct by the year 2000.

4 SEC. 306. UNITARY WIND TUNNEL PLAN ACT OF 1949

5 AMENDMENTS.

6 The Unitary Wind Tunnel Plan Act of 1949 (50

7 U.S.C. 511 et seq.) is amended—

8 (1) in section 101 by striking ‘‘transsonic and

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

10 and hypersonic’’; and

11 (2) in section 103—

12 (A) in subsection (a)—

13 (i) by striking ‘‘laboratories’’ and in14 serting ‘‘laboratories and centers’’; and

15 (ii) by striking ‘‘supersonic’’ and in16 serting ‘‘transsonic, supersonic, and

17 hypersonic’’; and

18 (B) in subsection (c), by striking ‘‘labora19 tory’’ and inserting ‘‘facility’’.

20 SEC. 307. ENHANCEMENT OF SCIENCE AND MATHEMATICS

21 PROGRAMS.

22 (a) DEFINITIONS.—In this section:

23 (1) EDUCATIONALLY USEFUL FEDERAL EQUIP24 MENT.—The term ‘‘educationally useful Federal

25 equipment’’ means computers and related peripheral
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1 tools and research equipment that is appropriate for

2 use in schools.

3 (2) SCHOOL.—The term ‘‘school’’ means a public

4 or private educational institution that serves any of

5 the grades of kindergarten through grade 12.

6 (b) SENSE OF CONGRESS.—

7 (1) IN GENERAL.—It is the sense of Congress

8 that the Administrator should, to the greatest extent

9 practicable and in a manner consistent with applica10 ble Federal law (including Executive Order No.

11 12999), donate educationally useful Federal equip12 ment to schools in order to enhance the science and

13 mathematics programs of those schools.

14 (2) REPORTS.—Not later than 1 year after the

15 date of enactment of this Act, and annually there16 after, the Administrator shall prepare and submit to

17 Congress a report describing any donations of educa18 tionally useful Federal equipment to schools made

19 during the period covered by the report.

20 SEC. 308. AUTHORITY TO VEST TITLE.

21 Title III of the National Aeronautics and Space Act

22 of 1958 (72 Stat. 432 et seq.) is amended by adding at the

23 end the following:
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1 ‘‘AUTHORITY TO VEST TITLE TO TANGIBLE PERSONAL

2 PROPERTY FOR RESEARCH OR TECHNOLOGY DEVELOPMENT

3 ‘‘SEC. 313. Notwithstanding any other provision of

4 law, the Administrator may vest title in tangible property

5 (as that term is defined by the Administrator) in any par6 ticipant that enters into a cooperative agreement with the

7 Administrator if—

8 ‘‘(1) the primary purpose of the participant is to

9 conduct scientific research or technology development;

10 ‘‘(2) the property is acquired with amounts pro11 vided under a cooperative agreement between the par12 ticipant and the Administrator to conduct scientific

13 research or technology development;

14 ‘‘(3) the Administrator determines that vesting

15 the title to the property in the participant furthers

16 the objectives of the National Aeronautics and Space

17 Administration; and

18 ‘‘(4) the vesting of the title in the participant is

19 made—

20 ‘‘(A) on the condition that the United States

21 Government will not incur any further obliga22 tion; and

23 ‘‘(B) subject to any other condition that the

24 Administrator considers to be appropriate.’’.
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1 SEC. 309. NASA MID-RANGE PROCUREMENT TEST PROGRAM.

2 Section 5062 of the Federal Acquisition Streamlining

3 Act of 1994 (42 U.S.C. 2473 nt) is amended—

4 (1) in subsection (a), by inserting after the first

5 sentence the following: ‘‘In addition to providing any

6 other notice of any acquisition under the test con7 ducted under this section, the Administrator shall

8 publish a notice of that acquisition in, or make such

9 a notice available through, the automated version of

10 the Commerce Business Daily published by the Sec11 retary of Commerce.’’;

12 (2) in subsection (b), by striking ‘‘an estimated

13 annual total obligation of funds of $500,000 or less’’

14 and inserting ‘‘a basic value (as that term is defined

15 by the Administrator)—

16 ‘‘(1) of $2,000,000 or less; or

17 ‘‘(2) if options to purchase are involved, of

18 $10,000,000 or less.’’;

19 (3) in subsection (c), by striking ‘‘$100,000,000’’

20 and inserting ‘‘$500,000,000’’; and

21 (4) in subsection (f), by striking ‘‘4 years’’ and

22 inserting ‘‘6 years’’.

23 SEC. 310. SPACE ADVERTISING.

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

25 States Code, is amended—
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1 (1) by redesignating paragraphs (8) through (16)

2 as paragraphs (9) through (17), respectively; and

3 (2) by inserting after paragraph (7) the fol4 lowing:

5 ‘‘(8) ‘obtrusive space advertising’ means adver6 tising in outer space that is capable of being recog7 nized by a human being on the surface of the Earth

8 without the aid of a telescope or other technological

9 device.’’.

10 (b) PROHIBITION.—Chapter 701 of title 49, United

11 States Code, is amended by inserting after section 70109

12 the following new section:

13 ‘‘§ 70109a. Space advertising

14 ‘‘(a) LICENSING.—Notwithstanding the provisions of

15 this chapter or any other provision of law, the Secretary

16 may not, for the launch of a payload containing any mate17 rial to be used for the purposes of obtrusive space

18 advertising—

19 ‘‘(1) issue or transfer a license under this chap20 ter; or

21 ‘‘(2) waive the license requirements of this chap22 ter.

23 ‘‘(b) LAUNCHING.—No holder of a license under this

24 chapter may launch a payload containing any material to

25 be used for purposes of obtrusive space advertising on or
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1 after the date of enactment of the National Aeronautics and

2 Space Administration Authorization Act for Fiscal Year

3 2000.

4 ‘‘(c) COMMERCIAL SPACE ADVERTISING.—Nothing in

5 this section shall apply to nonobtrusive commercial space

6 advertising, including advertising on—

7 ‘‘(1) commercial space transportation vehicles;

8 ‘‘(2) space infrastructure payloads;

9 ‘‘(3) space launch facilities; and

10 ‘‘(4) launch support facilities.’’.

11 (c) NEGOTIATION WITH FOREIGN LAUNCHING NA12 TIONS.—

13 (1) The President is requested to negotiate with

14 foreign launching nations for the purpose of reaching

15 1 or more agreements that prohibit the use of outer

16 space for obtrusive space advertising purposes.

17 (2) It is the sense of Congress that the President

18 should take such action as is appropriate and feasible

19 to enforce the terms of any agreement to prohibit the

20 use of outer space for obtrusive space advertising pur21 poses.

22 (3) As used in this subsection, the term ‘‘foreign

23 launching nation’’ means a nation—

24 (A) that launches, or procures the launching

25 of, a payload into outer space; or
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1 (B) from the territory or facility of which

2 a payload is launched into outer space.

3 (d) CLERICAL AMENDMENT.—The table of sections for

4 chapter 701 is amended by inserting after the item relating

5 to section 70109 the following:

‘‘70109a. Space advertising.’’.

6 SEC. 311. AUTHORITY TO LICENSE NASA-DEVELOPED SOFT7 WARE.

8 Section 305 of the National Aeronautics and Space Act

9 of 1958 (42 U.S.C. 2457) is amended by adding at the end

10 thereof the following:

11 ‘‘(m) AUTHORITY TO LICENSE NASA-DEVELOPED

12 SOFTWARE.—Notwithstanding section 105 of title 17,

13 United States Code, the Administrator may assert copy14 right in computer software authored by a United States

15 Government employee when such software is created while

16 participating with a non-Federal party under an agree17 ment entered into under section 203(c)(5) and (c)(6) of this

18 Act. The Administrator may grant, to the non-Federal par19 ticipating party, for royalties or other consideration, li20 censes or assignments on computer software copyrighted

21 pursuant to this subsection and may retain and share such

22 royalties or other consideration consistent with section 14

23 of the Stevenson-Wydler Technology innovation Act of 1980

24 (15 U.S.C. 3710c).’’.
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1 SEC. 312. CARBON CYCLE REMOTE SENSING TECHNOLOGY.

2 (a) CARBON CYCLE REMOTE SENSING TECHNOLOGY

3 PROGRAM.—

4 (1) IN GENERAL.—The Administrator of the Na5 tional Aeronautics and Space Administration shall

6 develop a carbon cycle remote sensing technology

7 program—

8 (A) to provide, on a near-continual basis, a

9 real-time and comprehensive view of vegetation

10 conditions; and

11 (B) to assess and model agricultural carbon

12 sequestration.

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

14 National Aeronautics and Space Administration shall

15 use regional earth science application centers to con16 duct research under this section.

17 (3) RESEARCHED AREAS.—The areas that shall

18 be the subjects of research conducted under this section

19 include—

20 (A) the mapping of carbon-sequestering

21 land use and land cover;

22 (B) the monitoring of changes in land cover

23 and management;

24 (C) new systems for the remote sensing of

25 soil carbon; and
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1 (D) regional-scale carbon sequestration esti2 mation.

3 (b) REGIONAL EARTH SCIENCE APPLICATION CEN4 TER.—

5 (1) IN GENERAL.—The Administrator of the Na6 tional Aeronautics and Space Administration, may,

7 at the sole discretion of the Administrator based on

8 maximizing the use of public funds, carry out this

9 section through the Regional Earth Science Applica10 tion Center located at the University of Kansas (re11 ferred to in this section as the ‘‘Center’’), if the Center

12 enters into a partnership with a land-grant college or

13 university.

14 (2) DUTIES OF CENTER.—The Center shall serve

15 as a research facility and clearinghouse for satellite

16 data, software, research, and related information with

17 respect to remote sensing research conducted under

18 this section.

19 (3) USE OF CENTER.—The Administrator of the

20 National Aeronautics and Space Administration may

21 use the Center for carrying out remote sensing re22 search relating to agricultural best practices.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section

25 $5,000,000 for fiscal years 2000 through 2002.
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1 SEC. 313. INDEMNIFICATION AND INSURANCE.

2 Section 431(d)(5) of the Departments of Veterans Af3 fairs and Housing and Urban Development, and Inde4 pendent Agencies Appropriations Act, 1999 (42 U.S.C.

5 2458b nt) is amended by striking ‘‘before the date of enact6 ment of this Act.’’ and inserting ‘‘before July 31, 1999.’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 1654

AMENDMENT
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