I

106TH CONGRESS

1ST SESSION H. R. 1654

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

A BILL

To authorize appropriations for the National Aeronautics

and Space Administration for fiscal years 2000, 2001,

and 2002, and for other purposes.

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

5 ‘‘National Aeronautics and Space Administration Author6 ization 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
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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.

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.

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.

1 SEC. 2. FINDINGS.

2 The Congress makes the following findings:

3 (1) The National Aeronautics and Space Ad4 ministration should continue to pursue actions and

5 reforms directed at reducing institutional costs, in6 cluding management restructuring, facility consoli7 dation, procurement reform, and convergence with

8 defense and commercial sector systems.
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1 (2) The National Aeronautics and Space Ad2 ministration must continue on its current course of

3 returning to its proud history as the Nation’s leader

4 in basic scientific, air, and space research.

5 (3) The overwhelming preponderance of the

6 Federal Government’s requirements for routine, un7 manned space transportation can be met most effec8 tively, efficiently, and economically by a free and

9 competitive market in privately developed and oper10 ated space transportation services.

11 (4) In formulating a national space transpor12 tation service policy, the National Aeronautics and

13 Space Administration should aggressively promote

14 the pursuit by commercial providers of development

15 of advanced space transportation technologies in16 cluding reusable space vehicles, and human space

17 systems.

18 (5) The Federal Government should invest in

19 the types of research and innovative technology in

20 which United States commercial providers do not in21 vest, while avoiding competition with the activities in

22 which United States commercial providers do invest.

23 (6) International cooperation in space explo24 ration and science activities serves the United States

25 national interest—
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1 (A) when it—

2 (i) reduces the cost of undertaking

3 missions the United States Government

4 would pursue unilaterally;

5 (ii) enables the United States to pur6 sue missions that it could not otherwise af7 ford to pursue unilaterally; or

8 (iii) enhances United States capabili9 ties to use and develop space for the ben10 efit of United States citizens; and

11 (B) when it—

12 (i) is undertaken in a manner that is

13 sensitive to the desire of United States

14 commercial providers to develop or explore

15 space commercially;

16 (ii) is consistent with the need for

17 Federal agencies to use space to complete

18 their missions; and

19 (iii) is carried out in a manner con20 sistent with United States export control

21 laws.

22 (7) The National Aeronautics and Space Ad23 ministration and the Department of Defense can co24 operate more effectively in leveraging their mutual

25 capabilities to conduct joint space missions that im-
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1 prove United States space capabilities and reduce

2 the cost of conducting space missions.

3 (8) The Deep Space Network will continue to

4 be a critically important part of the Nation’s sci5 entific and exploration infrastructure in the coming

6 decades, and the National Aeronautics and Space

7 Administration should ensure that the Network is

8 adequately maintained and that upgrades required

9 to support future missions are undertaken in a time10 ly manner.

11 (9) The Hubble Space Telescope has proven to

12 be an important national astronomical research facil13 ity that is revolutionizing our understanding of the

14 universe and should be kept productive, and its ca15 pabilities should be maintained and enhanced as ap16 propriate to serve as a scientific bridge to the next

17 generation of space-based observatories.

18 SEC. 3. DEFINITIONS.

19 For purposes of this Act—

20 (1) the term ‘‘Administrator’’ means the Ad21 ministrator of the National Aeronautics and Space

22 Administration;

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

24 person providing space transportation services or

25 other space-related activities, primary control of
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1 which is held by persons other than Federal, State,

2 local, and foreign governments;

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

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

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

6 1141(a));

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

8 States of the Union, the District of Columbia, the

9 Commonwealth of Puerto Rico, the Virgin Islands,

10 Guam, American Samoa, the Commonwealth of the

11 Northern Mariana Islands, and any other common12 wealth, territory, or possession of the United States;

13 and

14 (5) the term ‘‘United States commercial pro15 vider’’ means a commercial provider, organized

16 under the laws of the United States or of a State,

17 which is—

18 (A) more than 50 percent owned by United

19 States nationals; or

20 (B) a subsidiary of a foreign company and

21 the Secretary of Commerce finds that—

22 (i) such subsidiary has in the past evi23 denced a substantial commitment to the

24 United States market through—
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1 (I) investments in the United

2 States in long-term research, develop3 ment, and manufacturing (including

4 the manufacture of major components

5 and subassemblies); and

6 (II) significant contributions to

7 employment in the United States; and

8 (ii) the country or countries in which

9 such foreign company is incorporated or

10 organized, and, if appropriate, in which it

11 principally conducts its business, affords

12 reciprocal treatment to companies de13 scribed in subparagraph (A) comparable to

14 that afforded to such foreign company’s

15 subsidiary in the United States, as evi16 denced by—

17 (I) providing comparable oppor18 tunities for companies described in

19 subparagraph (A) to participate in

20 Government sponsored research and

21 development similar to that authorized

22 under this Act;

23 (II) providing no barriers to com24 panies described in subparagraph (A)

25 with respect to local investment op-
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1 portunities that are not provided to

2 foreign companies in the United

3 States; and

4 (III) providing adequate and ef5 fective protection for the intellectual

6 property rights of companies de7 scribed in subparagraph (A).

8 TITLE I—AUTHORIZATION OF

9 APPROPRIATIONS

10 Subtitle A—Authorizations

11 SEC. 101. INTERNATIONAL SPACE STATION.

12 There are authorized to be appropriated to the Na13 tional Aeronautics and Space Administration for Inter14 national Space Station—

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

16 which $394,400,000, notwithstanding section

17 121(a)—

18 (A) shall only be for Space Station re19 search or for the purposes described in section

20 103(2); and

21 (B) shall be administered by the Office of

22 Life and Microgravity Sciences and Applica23 tions;
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1 (2) for fiscal year 2001, $2,328,000,000, of

2 which $465,400,000, notwithstanding section

3 121(a)—

4 (A) shall only be for Space Station re5 search or for the purposes described in section

6 103(2); and

7 (B) shall be administered by the Office of

8 Life and Microgravity Sciences and Applica9 tions; and

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

11 which $469,200,000, notwithstanding section

12 121(a)—

13 (A) shall only be for Space Station re14 search or for the purposes described in section

15 103(2); and

16 (B) shall be administered by the Office of

17 Life and Microgravity Sciences and Applica18 tions.

19 SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.

20 There are authorized to be appropriated to the Na21 tional Aeronautics and Space Administration for Launch

22 Vehicle and Payload Operations the following amounts:

23 (1) For Space Shuttle Operations—

24 (A) for fiscal year 2000, $2,547,400,000;
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1 (B) for fiscal year 2001, $2,649,900,000;

2 and

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

4 (2) For Space Shuttle Safety and Performance

5 Upgrades—

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

7 which $18,000,000 shall not be obligated until

8 45 days after the report required by section 207

9 has been submitted to the Congress;

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

11 and

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

13 (3) For Payload and Utilization Operations—

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

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

16 and

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

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

19 There are authorized to be appropriated to the Na20 tional Aeronautics and Space Administration for Science,

21 Aeronautics, and Technology the following amounts:

22 (1) For Space Science—

23 (A) for fiscal year 2000, $2,202,400,000,

24 of which—
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1 (i) $10,500,000 shall be for the Near

2 Earth Object Survey;

3 (ii) $472,000,000 shall be for the Re4 search Program;

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

6 Solar Power technology; and

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

8 Space Telescope (Development);

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

10 of which—

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

12 Earth Object Survey;

13 (ii) $475,800,000 shall be for the Re14 search Program; and

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

16 Solar Power technology; and

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

18 of which—

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

20 Earth Object Survey;

21 (ii) $511,100,000 shall be for the Re22 search Program;

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

24 Solar Power technology; and
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1 (iv) $5,000,000 shall be for space

2 science data buy.

3 (2) For Life and Microgravity Sciences and

4 Applications—

5 (A) for fiscal year 2000, $301,000,000, of

6 which $2,000,000 shall be for research and

7 early detection systems for breast and ovarian

8 cancer and other women’s health issues, and

9 $5,000,000 shall be for sounding rocket vouch10 ers;

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

12 which $2,000,000 shall be for research and

13 early detection systems for breast and ovarian

14 cancer and other women’s health issues; and

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

16 which $2,000,000 shall be for research and

17 early detection systems for breast and ovarian

18 cancer and other women’s health issues.

19 (3) For Earth Science, subject to the limita20 tions set forth in section 126—

21 (A) for fiscal year 2000, $1,415,100,000;

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

23 and

24 (C) for fiscal year 2002, $1,365,300,000.

25 (4) For Aero-Space Technology—
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1 (A) for fiscal year 2000, $999,300,000, of

2 which—

3 (i) $532,800,000 shall be for Aero4 nautical Research and Technology, with no

5 funds to be used for the Ultra-Efficient

6 Engine, and with $475,800,000 to be for

7 the Research and Technology Base;

8 (ii) $334,000,000 shall be for Ad9 vanced Space Transportation Technology,

10 including—

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

12 Demonstration Program; and

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

14 Space Transportation Program; and

15 (iii) $132,500,000 shall be for Com16 mercial Technology;

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

18 which—

19 (i) $524,000,000 shall be for Aero20 nautical Research and Technology, with no

21 funds to be used for the Ultra-Efficient

22 Engine, and with $484,000,000 to be for

23 the Research and Technology Base, and

24 with $54,200,000 to be for Aviation Sys25 tem Capacity;
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1 (ii) $249,400,000 shall be for Ad2 vanced Space Transportation Technology,

3 including—

4 (I) $109,000,000 for the Future5 X Demonstration Program; and

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

7 Space Transportation Program; and

8 (iii) $135,000,000 shall be for Com9 mercial Technology; and

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

11 which—

12 (i) $519,200,000 shall be for Aero13 nautical Research and Technology, with no

14 funds to be used for the Ultra-Efficient

15 Engine, and with $466,900,000 to be for

16 the Research and Technology Base, and

17 with $67,600,000 to be for Aviation Sys18 tem Capacity;

19 (ii) $340,000,000 shall be for Ad20 vanced Space Transportation Technology;

21 and

22 (iii) $135,600,000 shall be for Com23 mercial Technology.

24 (5) For Mission Communication Services—

25 (A) for fiscal year 2000, $406,300,000;
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1 (B) for fiscal year 2001, $382,100,000;

2 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 Edu7 cation within the Teacher/Faculty Preparation

8 and Enhancement Programs;

9 (B) for fiscal year 2001, $128,600,000;

10 and

11 (C) for fiscal year 2002, $130,600,000.

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

13 (A) for fiscal year 2001, $144,000,000;

14 and

15 (B) for fiscal year 2002, $280,000,000.

16 SEC. 104. MISSION SUPPORT.

17 There are authorized to be appropriated to the Na18 tional Aeronautics and Space Administration for Mission

19 Support the following amounts:

20 (1) For Safety, Reliability, and Quality

21 Assurance—

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

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

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

25 (2) For Space Communication Services—
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1 (A) for fiscal year 2000, $89,700,000;

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

3 and

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

5 (3) For Construction of Facilities, including

6 land acquisition—

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

8 including—

9 (i) Restore Electrical Distribution

10 System (ARC), $2,700,000;

11 (ii) Rehabilitate Main Hangar Build12 ing 4802 (Dryden Flight Research Center

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

14 (iii) Rehabilitate High Voltage System

15 (Glenn Research Center), $7,600,000;

16 (iv) Repair Site Steam Distribution

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

18 (v) Restore Chilled Water Distribution

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

20 (vi) Rehabilitate Hydrostatic Bearing

21 Runner, 70 meter Antenna, Goldstone

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

23 (vii) Upgrade 70 meter Antenna Servo

24 Drive, 70 meter Antenna Subnet (JPL),

25 $3,400,000;
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1 (viii) Rehabilitate Utility Tunnel

2 Structure and Systems (Johnson Space

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

4 (ix) Connect KSC to CCAS Waste5 water Treatment Plant (KSC),

6 $2,500,000;

7 (x) Repair and Modernize HVAC Sys8 tem, Central Instrument Facility (KSC),

9 $3,000,000;

10 (xi) Replace High Voltage Load

11 Break Switches (KSC), $2,700,000;

12 (xii) Repair and Modernize HVAC

13 and Electrical systems, Building 4201

14 (Marshall Space Flight Center (MSFC)),

15 $2,300,000;

16 (xiii) Repair Roofs, Vehicle Compo17 nent Supply buildings (MAF), $2,000,000;

18 (xiv) Minor Revitalization of Facilities

19 at Various Locations, not in excess of

20 $1,500,000 per project, $65,500,000;

21 (xv) Minor Construction of New Fa22 cilities and Additions to Existing Facilities

23 at Various Locations, not in excess of

24 $1,500,000 per project, $5,000,000;
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1 (xvi) Facility Planning and Design,

2 $19,200,000;

3 (xvii) Deferred Major Maintenance,

4 $8,000,000;

5 (xviii) Environmental Compliance and

6 Restoration, $40,100,000;

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

8 and

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

10 (4) For Research and Program Management,

11 including personnel and related costs, travel, and re12 search operations support—

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

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

15 and

16 (C) for fiscal year 2002, $2,261,600,000.

17 SEC. 105. INSPECTOR GENERAL.

18 There are authorized to be appropriated to the Na19 tional Aeronautics and Space Administration for Inspector

20 General—

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

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

23 (3) for fiscal year 2002, $22,000,000.
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1 SEC. 106. TOTAL AUTHORIZATION.

2 Notwithstanding any other provision of this title, the

3 total amount authorized to be appropriated to the Na4 tional Aeronautics and Space Administration under this

5 Act shall not exceed—

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

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

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

9 SEC. 107. AVIATION SYSTEMS CAPACITY.

10 In addition to amounts otherwise authorized, there

11 are authorized to be appropriated to the Administrator of

12 the Federal Aviation Administration $5,000,000 for fiscal

13 year 2001 for aviation systems capacity.

14 Subtitle B—Limitations and

15 Special Authority

16 SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

17 (a) AUTHORIZED USES.—Funds appropriated under

18 sections 101, 102, 103, and 104(1) and (2), and funds

19 appropriated for research operations support under sec20 tion 104(4), may be used for the construction of new fa21 cilities and additions to, repair of, rehabilitation of, or

22 modification of existing facilities at any location in support

23 of the purposes for which such funds are authorized.

24 (b) LIMITATION.—No funds may be expended pursu25 ant to subsection (a) for a project, the estimated cost of

26 which to the National Aeronautics and Space Administra-
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1 tion, including collateral equipment, exceeds $1,000,000,

2 until 30 days have passed after the Administrator has no3 tified the Committee on Science of the House of Rep4 resentatives and the Committee on Commerce, Science,

5 and Transportation of the Senate of the nature, location,

6 and estimated cost to the National Aeronautics and Space

7 Administration of such project.

8 (c) TITLE TO FACILITIES.—If funds are used pursu9 ant to subsection (a) for grants to institutions of higher

10 education, or to nonprofit organizations whose primary

11 purpose is the conduct of scientific research, for purchase

12 or construction of additional research facilities, title to

13 such facilities shall be vested in the United States unless

14 the Administrator determines that the national program

15 of aeronautical and space activities will best be served by

16 vesting title in the grantee institution or organization.

17 Each such grant shall be made under such conditions as

18 the Administrator shall determine to be required to ensure

19 that the United States will receive therefrom benefits ade20 quate to justify the making of that grant.

21 SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

22 To the extent provided in appropriations Acts, appro23 priations authorized under subtitle A may remain avail24 able without fiscal year limitation.
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1 SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA2 CILITIES.

3 (a) IN GENERAL.—Appropriations authorized for

4 construction of facilities under section 104(3)—

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

6 discretion of the Administrator; or

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

8 meet unusual cost variations, after the expiration of

9 15 days following a report on the circumstances of

10 such action by the Administrator to the Committee

11 on Science of the House of Representatives and the

12 Committee on Commerce, Science, and Transpor13 tation of the Senate.

14 The aggregate amount authorized to be appropriated for

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

16 increased as a result of actions authorized under para17 graphs (1) and (2) of this subsection.

18 (b) SPECIAL RULE.—Where the Administrator deter19 mines that new developments in the national program of

20 aeronautical and space activities have occurred; and that

21 such developments require the use of additional funds for

22 the purposes of construction, expansion, or modification

23 of facilities at any location; and that deferral of such ac24 tion until the enactment of the next National Aeronautics

25 and Space Administration authorization Act would be in26 consistent with the interest of the Nation in aeronautical
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1 and space activities, the Administrator may use up to

2 $10,000,000 of the amounts authorized under section

3 104(3) for each fiscal year for such purposes. No such

4 funds may be obligated until a period of 30 days has

5 passed after the Administrator has transmitted to the

6 Committee on Commerce, Science, and Transportation of

7 the Senate and the Committee on Science of the House

8 of Representatives a written report describing the nature

9 of the construction, its costs, and the reasons therefor.

10 SEC. 124. LIMITATION ON OBLIGATION OF UNAUTHORIZED

11 APPROPRIATIONS.

12 (a) REPORTS TO CONGRESS.—

13 (1) REQUIREMENT.—Not later than—

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

15 the enactment of an Act making appropriations

16 to the National Aeronautics and Space Admin17 istration for fiscal year 2000 and the date of

18 the enactment of this Act; and

19 (B) 30 days after the date of the enact20 ment of an Act making appropriations to the

21 National Aeronautics and Space Administration

22 for fiscal year 2001 or 2002,

23 the Administrator shall submit a report to Congress

24 and to the Comptroller General.
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1 (2) CONTENTS.—The reports required by para2 graph (1) shall specify—

3 (A) the portion of such appropriations

4 which are for programs, projects, or activities

5 not authorized under subtitle A of this title, or

6 which are in excess of amounts authorized for

7 the relevant program, project, or activity under

8 this Act; and

9 (B) the portion of such appropriations

10 which are authorized under this Act.

11 (b) FEDERAL REGISTER NOTICE.—The Adminis12 trator shall, coincident with the submission of each report

13 required by subsection (a), publish in the Federal Register

14 a notice of all programs, projects, or activities for which

15 funds are appropriated but which were not authorized

16 under this Act, and solicit public comment thereon regard17 ing the impact of such programs, projects, or activities on

18 the conduct and effectiveness of the national aeronautics

19 and space program.

20 (c) LIMITATION.—Notwithstanding any other provi21 sion of law, no funds may be obligated for any programs,

22 projects, or activities of the National Aeronautics and

23 Space Administration for fiscal year 2000, 2001, or 2002

24 not authorized under this Act until 30 days have passed
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1 after the close of the public comment period contained in

2 a notice required by subsection (b).

3 SEC. 125. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS

4 OR EXTRAORDINARY EXPENSES.

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

6 under section 103 may be used for scientific consultations

7 or extraordinary expenses, upon the authority of the Ad8 ministrator.

9 SEC. 126. EARTH SCIENCE LIMITATION.

10 Of the funds authorized to be appropriated for Earth

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

12 and 2002, $50,000,000 shall be for the Commercial Re13 mote Sensing Program at Stennis Space Center for com14 mercial data purchases, unless the National Aeronautics

15 and Space Administration has integrated data purchases

16 into the procurement process for Earth science research

17 by obligating at least 5 percent of the aggregate amount

18 appropriated for that fiscal year for Earth Observing Sys19 tem and Earth Probes for the purchase of Earth science

20 data from the private sector.

21 SEC. 127. COMPETITIVENESS AND INTERNATIONAL CO22 OPERATION.

23 (a) LIMITATION.—As part of the evaluation of the

24 costs and benefits of entering into an obligation to conduct

25 a space mission in which a foreign entity will participate
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1 as a supplier of the spacecraft, spacecraft system, or

2 launch system, the Administrator shall solicit comment on

3 the potential impact of such participation through notice

4 published in Commerce Business Daily at least 45 days

5 before entering into such an obligation.

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

7 obligation described in subsection (a), the Administrator

8 shall consider the national interests of the United States

9 described in section 2(6).

10 SEC. 128. TRANS-HAB.

11 (a) REPLACEMENT STRUCTURE.—No funds author12 ized by this Act shall be obligated for the definition, de13 sign, or development of an inflatable space structure to

14 replace any International Space Station components

15 scheduled for launch in the Assembly Sequence released

16 by the National Aeronautics and Space Administration on

17 February 22, 1999.

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

19 this Act for fiscal year 2000 shall be obligated for the defi20 nition, design, or development of an inflatable space struc21 ture capable of accommodating humans in space.

22 SEC. 129. CONSOLIDATED SPACE OPERATIONS CONTRACT.

23 No funds authorized by this Act shall be used to cre24 ate a Government-owned corporation to perform the func-
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1 tions that are the subject of the Consolidated Space Oper2 ations Contract.

3 TITLE II—MISCELLANEOUS

4 PROVISIONS

5 SEC. 201. REQUIREMENT FOR INDEPENDENT COST ANAL6 YSIS.

7 Before any funds may be obligated for Phase B of

8 a project that is projected to cost more than $100,000,000

9 in total project costs, the Chief Financial Officer for the

10 National Aeronautics and Space Administration shall con11 duct an independent cost analysis of such project and shall

12 report the results to Congress. In developing cost account13 ing and reporting standards for carrying out this section,

14 the Chief Financial Officer shall, to the extent practicable

15 and consistent with other laws, solicit the advice of exper16 tise outside of the National Aeronautics and Space Admin17 istration.

18 SEC. 202. NATIONAL AERONAUTICS AND SPACE ACT OF 1958

19 AMENDMENTS.

20 (a) DECLARATION OF POLICY AND PURPOSE.—Sec21 tion 102 of the National Aeronautics and Space Act of

22 1958 (42 U.S.C. 2451) is amended—

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

24 subsections (g) and (h) as subsections (f) and (g),

25 respectively; and
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1 (2) in subsection (g), as so redesignated by

2 paragraph (1) of this subsection, by striking ‘‘(f),

3 and (g)’’ and inserting in lieu thereof ‘‘and (f)’’.

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

5 the National Aeronautics and Space Act of 1958 (42

6 U.S.C. 2476(a)) is amended—

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

8 thereof ‘‘May’’; and

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

10 thereof ‘‘fiscal’’.

11 SEC. 203. COMMERCIAL SPACE GOODS AND SERVICES.

12 The National Aeronautics and Space Administration

13 shall purchase commercially available space goods and

14 services to the fullest extent feasible, and shall not conduct

15 activities that preclude or deter commercial space activi16 ties except for reasons of national security or public safety.

17 A space good or service shall be deemed commercially

18 available if it is offered by a United States commercial

19 provider, or if it could be supplied by a United States com20 mercial provider in response to a Government procurement

21 request. For purposes of this section, a purchase is fea22 sible if it meets mission requirements in a cost-effective

23 manner.
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1 SEC. 204. COST EFFECTIVENESS CALCULATIONS.

2 In calculating the cost effectiveness of the cost of the

3 National Aeronautics and Space Administration engaging

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

5 Administrator shall compare the cost of the National Aer6 onautics and Space Administration engaging in the activ7 ity using full cost accounting principles with the price the

8 commercial provider will charge for such activity.

9 SEC. 205. FOREIGN CONTRACT LIMITATION.

10 The National Aeronautics and Space Administration

11 shall not enter into any agreement or contract with a for12 eign government that grants the foreign government the

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

14 contract is terminated.

15 SEC. 206. AUTHORITY TO REDUCE OR SUSPEND CONTRACT

16 PAYMENTS BASED ON SUBSTANTIAL EVI17 DENCE OF FRAUD.

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

19 is amended by striking ‘‘and (4)’’ and inserting in lieu

20 thereof ‘‘(4), and (6)’’.

21 SEC. 207. SPACE SHUTTLE UPGRADE STUDY.

22 (a) STUDY.—The Administrator shall enter into ap23 propriate arrangements for the conduct of an independent

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

25 IV Space Shuttle upgrades.
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1 (b) PRIORITIES.—The study described in subsection

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

3 each of the following categories:

4 (1) Upgrades that are safety related.

5 (2) Upgrades that may have functional or tech6 nological applicability to reusable launch vehicles.

7 (3) Upgrades that have a payback period within

8 the next 12 years.

9 (c) COMPLETION DATE.—The results of the study de10 scribed in subsection (a) shall be transmitted to the Con11 gress not later than 180 days after the date of the enact12 ment of this Act.

13 SEC. 208. AERO-SPACE TRANSPORTATION TECHNOLOGY IN14 TEGRATION.

15 (a) INTEGRATION PLAN.—The Administrator shall

16 develop a plan for the integration of research, develop17 ment, and experimental demonstration activities in the

18 aeronautics transportation technology and space transpor19 tation technology areas. The plan shall ensure that inte20 gration is accomplished without losing unique capabilities

21 which support the National Aeronautics and Space Ad22 ministration’s defined missions. The plan shall also in23 clude appropriate strategies for using aeronautics centers

24 in integration efforts.
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1 (b) REPORTS TO CONGRESS.—Not later than 90 days

2 after the date of the enactment of this Act, the Adminis3 trator shall transmit to the Congress a report containing

4 the plan developed under subsection (a). The Adminis5 trator shall transmit to the Congress annually thereafter

6 for 5 years a report on progress in achieving such plan,

7 to be transmitted with the annual budget request.

8 SEC. 209. DEFINITIONS OF COMMERCIAL SPACE POLICY

9 TERMS.

10 The Administrator shall ensure that the usage of ter11 minology in National Aeronautics and Space Administra12 tion policies and programs is consistent with the following

13 definitions:

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

15 process of private entities conducting privatized

16 space activities to expand their customer base be17 yond the Federal Government to address existing or

18 potential commercial markets, investing private re19 sources to meet those commercial market require20 ments.

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

22 purchase by the Federal Government of space goods

23 and services at a market price from a private entity

24 which has invested private resources to meet com25 mercial requirements.
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1 (3) The term ‘‘commercial use of Federal as2 sets’’ means the use by a service contractor or other

3 private entity of the capability of Federal assets to

4 deliver services to commercial customers, with or

5 without putting private capital at risk.

6 (4) The term ‘‘contract consolidation’’ means

7 the combining of two or more Government service

8 contracts for related space activities into one larger

9 Government service contract.

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

11 of transferring—

12 (A) control and ownership of Federal

13 space-related assets, along with the responsi14 bility for operating, maintaining, and upgrading

15 those assets; or

16 (B) control and responsibility for space-re17 lated functions,

18 from the Federal Government to the private sector.

19 SEC. 210. EXTERNAL TANK OPPORTUNITIES STUDY.

20 (a) APPLICATIONS.—the Administrator shall enter

21 into appropriate arrangements for an independent study

22 to identify, and evaluate the potential benefits and costs

23 of, the broadest possible range of commercial and sci24 entific applications which are enabled by the launch of
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1 Space Shuttle external tanks into Earth orbit and reten2 tion in space, including—

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

4 a venue for commercial advertising on the ground,

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

6 study shall not consider advertising that while in

7 orbit is observable from the ground with the unaided

8 human eye;

9 (2) the use of external tanks to achieve sci10 entific or technology demonstration missions in

11 Earth orbit, on the Moon, or elsewhere in space; and

12 (3) the use of external tanks as low-cost infra13 structure in Earth orbit or on the Moon, including

14 as an augmentation to the International Space Sta15 tion.

16 A final report on the results of such study shall be deliv17 ered to the Congress not later than 90 days after the date

18 of enactment of this Act. Such report shall include rec19 ommendations as to Government and industry-funded im20 provements to the external tank which would maximize its

21 cost-effectiveness for the scientific and commercial appli22 cations identified.

23 (b) REQUIRED IMPROVEMENTS.—The Administrator

24 shall conduct an internal agency study, based on the con25 clusions 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),

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

9 than 45 days after receipt of the final report required by

10 subsection (a).

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

12 the final report required by subsection (a), the Adminis13 trator 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 Adminis17 trator shall transmit to the Congress the comments re18 ceived along with the recommendations of the Adminis19 trator as to changes in law or policy that may be required

20 for those 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 sub4 jected to a competitive, merit-based award process, except

5 as specifically authorized by this Act. Any exclusion from

6 consideration pursuant to this section shall be effective for

7 a period of 5 years after the person receives such Federal

8 funds.

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

10 the receipt of Federal funds by a person due to the mem11 bership of that person in a class specified by law for which

12 assistance is awarded to members of the class according

13 to a formula provided by law.

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

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

16 principal purpose is to transfer a thing of value to the

17 recipient to carry out a public purpose of support or stim18 ulation authorized by a law of the United States, and does

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

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

21 United States Government. Such term does not include

22 a cooperative agreement (as such term is used in section

23 6305 of title 31, United States Code) or a cooperative re24 search and development agreement (as such term is de-
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1 fined in section 12(d)(1) of the Stevenson-Wydler Tech2 nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

3 SEC. 212. NOTICE.

4 (a) NOTICE OF REPROGRAMMING.—If any funds au5 thorized by this Act are subject to a reprogramming action

6 that requires notice to be provided to the Appropriations

7 Committees of the House of Representatives and the Sen8 ate, notice of such action shall concurrently be provided

9 to the Committee on Science of the House of Representa10 tives and the Committee on Commerce, Science, and

11 Transportation of the Senate.

12 (b) NOTICE OF REORGANIZATION.—The Adminis13 trator shall provide notice to the Committees on Science

14 and Appropriations of the House of Representatives, and

15 the Committees on Commerce, Science, and Transpor16 tation and Appropriations of the Senate, not later than

17 15 days before any major reorganization of any program,

18 project, or activity of the National Aeronautics and Space

19 Administration.

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

21 AMENDMENTS.

22 The Unitary Wind Tunnel Plan Act of 1949 is

23 amended—

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

25 ‘‘transsonic and supersonic’’ and inserting in lieu
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1 thereof ‘‘transsonic, supersonic, and hypersonic’’;

2 and

3 (2) in section 103 (50 U.S.C. 513)—

4 (A) by striking ‘‘laboratories’’ in sub5 section (a) and inserting in lieu thereof ‘‘labora6 tories and centers’’;

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

8 (a) and inserting in lieu thereof ‘‘transsonic, su9 personic, and hypersonic’’; and

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

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

12 SEC. 214. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE

13 FLIGHT.

14 (a) ESTABLISHMENT OF PROGRAM.—In order to pro15 mote a ‘‘faster, cheaper, better’’ approach to the human

16 exploration and development of space, the Administrator

17 shall establish a Human Space Flight Commercialization/

18 Technology program of ground-based and space-based re19 search and development in innovative technologies.

20 (b) AWARDS.—At least 75 percent of the amount ap21 propriated for the program established under subsection

22 (a) for any fiscal year shall be awarded through broadly

23 distributed announcements of opportunity that solicit pro24 posals from educational institutions, industry, nonprofit

25 institutions, National Aeronautics and Space Administra-
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1 tion Centers, the Jet Propulsion Laboratory, other Fed2 eral agencies, and other interested organizations, and that

3 allow partnerships among any combination of those enti4 ties, with evaluation, prioritization, and recommendations

5 made by external peer review panels.

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

7 of the National Aeronautics and Space Administration’s

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

9 for the implementation of the program established under

10 subsection (a).

Æ