[House Report 106-843]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-843
======================================================================
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2000
_______
September 12, 2000.--Ordered to be printed
_______
Mr. Sensenbrenner, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 1654]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1654), to authorize appropriations for the National Aeronautics
and Space Administration for fiscal years 2000, 2001, and 2002,
and for other purposes, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of
2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Authorizations
Sec. 101. Human space flight.
Sec. 102. Science, aeronautics, and technology.
Sec. 103. Mission support.
Sec. 104. Inspector general.
Sec. 105. Total authorization.
Subtitle B--Limitations and Special Authority
Sec. 121. Use of funds for construction.
Sec. 122. Availability of appropriated amounts.
Sec. 123. Reprogramming for construction of facilities.
Sec. 124. Use of funds for scientific consultations or extraordinary
expenses.
Sec. 125. Earth science limitation.
Sec. 126. Competitiveness and international cooperation.
Sec. 127. Trans-Hab.
Sec. 128. Consolidated space operations contract.
TITLE II--INTERNATIONAL SPACE STATION
Sec. 201. International Space Station contingency plan.
Sec. 202. Cost limitation for the International Space Station.
Sec. 203. Research on International Space Station.
Sec. 204. Space station commercial development demonstration program.
Sec. 205. Space station management.
TITLE III--MISCELLANEOUS
Sec. 301. Requirement for independent cost analysis.
Sec. 302. National Aeronautics and Space Act of 1958 amendments.
Sec. 303. Commercial space goods and services.
Sec. 304. Cost effectiveness calculations.
Sec. 305. Foreign contract limitation.
Sec. 306. Authority to reduce or suspend contract payments based on
substantial evidence of fraud.
Sec. 307. Space shuttle upgrade study.
Sec. 308. Aero-space transportation technology integration.
Sec. 309. Definitions of commercial space policy terms.
Sec. 310. External tank opportunities study.
Sec. 311. Notice.
Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 313. Innovative technologies for human space flight.
Sec. 314. Life in the universe.
Sec. 315. Carbon cycle remote sensing applications research.
Sec. 316. Remote sensing for agricultural and resource management.
Sec. 317. 100th Anniversary of Flight educational initiative.
Sec. 318. Internet availability of information.
Sec. 319. Sense of the Congress; requirement regarding notice.
Sec. 320. Anti-drug message on Internet sites.
Sec. 321. Enhancement of science and mathematics programs.
Sec. 322. Space advertising.
Sec. 323. Aeronautical research.
Sec. 324. Insurance, indemnification and cross-waivers.
Sec. 325. Use of abandoned, underutilized, and excess buildings,
grounds, and facilities.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space
Administration should continue to pursue actions and
reforms directed at reducing institutional costs,
including management restructuring, facility
consolidation, procurement reform, and convergence with
defense and commercial sector systems, while sustaining
safety standards for personnel and hardware.
(2) The United States is on the verge of creating
and using new technologies in microsatellites,
information processing, and space transportationthat
could radically alter the manner in which the Federal Government
approaches its space mission.
(3) The overwhelming preponderance of the Federal
Government's requirements for routine, unmanned space
transportation can be met most effectively,
efficiently, and economically by a free and competitive
market in privately developed and operated space
transportation services.
(4) In formulating a national space transportation
service policy, the National Aeronautics and Space
Administration should aggressively promote the pursuit
by commercial providers of development of advanced
space transportation technologies including reusable
space vehicles and human space systems.
(5) The Federal Government should invest in the
types of research and innovative technology in which
United States commercial providers do not invest, while
avoiding competition with the activities in which
United States commercial providers do invest.
(6) International cooperation in space exploration
and science activities most effectively serves the
United States national interest--
(A) when it--
(i) reduces the cost of undertaking
missions the United States Government
would pursue unilaterally;
(ii) enables the United States to
pursue missions that it could not
otherwise afford to pursue
unilaterally; or
(iii) enhances United States
capabilities to use and develop space
for the benefit of United States
citizens; and
(B) when it--
(i) is undertaken in a manner that
is sensitive to the desire of United
States commercial providers to develop
or explore space commercially;
(ii) is consistent with the need
for Federal agencies to use space to
complete their missions; and
(iii) is carried out in a manner
consistent with United States export
control laws.
(7) The National Aeronautics and Space
Administration and the Department of Defense should
cooperate more effectively in leveraging the mutual
capabilities of these agencies to conduct joint
aeronautics and space missions that not only improve
United States aeronautics and space capabilities, but
also reduce the cost of conducting those missions.
(8) The space shuttle will remain for the
foreseeable future the Nation's only means of safe and
reliable crewed access to space. As a result, the
Congress is committed to funding upgrades designed to
improve the shuttle's safety and reliability. The
National Aeronautics and Space Administration should
continue to provide appropriate levels of funding in
its annual budget requests to meet the schedule for
completing the high-priority upgrades in a timely
manner.
(9) The Deep Space Network will continue to be a
critically important part of the Nation's scientific
and exploration infrastructure in the coming decades,
and the National Aeronautics and Space Administration
should ensure that the Network is adequately maintained
and that upgrades required to support future missions
are undertaken in a timely manner.
(10) The Hubble Space Telescope has proven to be an
important national astronomical research facility that
is revolutionizing our understanding of the universe
and should be kept productive, and its capabilities
should be maintained and enhanced asappropriate to
serve as a scientific bridge to the next generation of space-based
observatories.
(11) The National Aeronautics and Space
Administration is to be commended for its successful
efforts to transfer mobile robotics technologies to the
United States industry through its existing 5-year
commitment to the National Robotics Engineering
Consortium (NREC). One of the attractive features of
this activity has been NREC's ability to attract
private sector matching funds for its government-
sponsored projects. The National Aeronautics and Space
Administration should give strong consideration to a
continuation of its commitment to NREC after the
current agreement expires.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration;
(2) the term ``commercial provider'' means any
person providing space transportation services or other
space-related activities, the primary control of which
is held by persons other than a Federal, State, local,
or foreign government;
(3) the term ``critical path'' means the sequence
of events of a schedule of events under which a delay
in any event causes a delay in the overall schedule;
(4) the term ``grant agreement'' has the meaning
given that term in section 6302(2) of title 31, United
States Code;
(5) the term ``institution of higher education''
has the meaning given such term in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001);
(6) the term ``State'' means each of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other commonwealth, territory,
or possession of the United States; and
(7) the term ``United States commercial provider''
means a commercial provider, organized under the laws
of the United States or of a State, which is--
(A) more than 50 percent owned by United
States nationals; or
(B) a subsidiary of a foreign company and
the Secretary of Commerce finds that--
(i) such subsidiary has in the past
evidenced a substantial commitment to
the United States market through--
(I) investments in the
United States in long-term
research, development, and
manufacturing (including the
manufacture of major components
and subassemblies); and
(II) significant
contributions to employment in
the United States; and
(ii) the country or countries in
which such foreign company is
incorporated or organized, and, if
appropriate, in which it principally
conducts its business, affords
reciprocal treatment to companies
described in subparagraph (A)
comparable to that afforded to such
foreign company's subsidiary in the
United States, as evidenced by--
(I) providing comparable
opportunities for companies
described in subparagraph (A)
to participate in Government
sponsored research and
development similar to that
authorized under this Act;
(II) providing no barriers
to companies described in
subparagraph (A) with respect
to local investment
opportunities that are not
provided to foreign companies
in the United States; and
(III) providing adequate
and effective protection for
the intellectual property
rights of companies described
in subparagraph (A).
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Authorizations
SEC. 101. HUMAN SPACE FLIGHT.
(a) Fiscal Year 2000.--There are authorized to be
appropriated to the National Aeronautics and Space
Administration for Human Space Flight for fiscal year 2000,
$5,487,900,000.
(b) Fiscal Years 2001 and 2002.--There are authorized to be
appropriated to the National Aeronautics and Space
Administration for Human Space Flight for fiscal years 2001 and
2002 the following amounts:
(1) For International Space Station--
(A) for fiscal year 2001, $2,114,500,000 of
which $455,400,000, notwithstanding section
121(a)--
(i) shall only be for Space Station
research or for the purposes described
in section 102(b)(2); and
(ii) shall be administered by the
Office of Life and Microgravity
Sciences and Applications; and
(B) for fiscal year 2002, $1,858,500,000,
of which $451,600,000, notwithstanding section
121(a)--
(i) shall only be for Space Station
research or for the purposes described
in section 102(b)(2); and
(ii) shall be administered by the
Office of Life and Microgravity
Sciences and Applications.
(2) For Space Shuttle--
(A) for fiscal year 2001, $3,165,700,000,
of which $492,900,000 shall be for Safety and
Performance Upgrades; and
(B) for fiscal year 2002, $3,307,800,000.
(3) For Payload and ELV Support--
(A) for fiscal year 2001, $90,200,000; and
(B) for fiscal year 2002, $90,300,000.
(4) For Investments and Support--
(A) for fiscal year 2001, $129,500,000, of
which $20,000,000 shall be for Technology and
Commercialization; and
(B) for fiscal year 2002, $131,000,000, of
which $20,000,000 shall be for Technology and
Commercialization.
SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
(a) Fiscal Year 2000.--There are authorized to be
appropriated to the National Aeronautics and Space
Administration for Science, Aeronautics, and Technology
$5,580,900,000 for fiscal year 2000.
(b) Fiscal Years 2001 and 2002.--There are authorized to be
appropriated to the National Aeronautics and Space
Administration for Science, Aeronautics, and Technology for
fiscal years 2001 and 2002 the following amounts:
(1) For Space Science--
(A) for fiscal year 2001, $2,417,800,000,
of which--
(i) $10,500,000 shall be for the
Near Earth Object Survey;
(ii) $523,601,000 shall be for the
Research Program; and
(iii) $12,000,000 shall be for
Space Solar Power technology; and
(B) for fiscal year 2002, $2,630,400,000,
of which--
(i) $10,500,000 shall be for the
Near Earth Object Survey;
(ii) $566,700,000 shall be for the
Research Program;
(iii) $12,000,000 shall be for
Space Solar Power technology; and
(iv) $5,000,000 shall be for Space
Science Data Buy.
(2) For Life and Microgravity Sciences and
Applications--
(A) for fiscal year 2001, $335,200,000, of
which $2,000,000 shall be for research and
early detection systems for breast and ovarian
cancer and other women's health issues,
$5,000,000 shall be for sounding rocket
vouchers, $2,000,000 shall be made available
for immediate clinical trials of islet
transplantation in patients with Type I
diabetes utilizing immunoisolation technologies
derived from NASA space flights, and
$70,000,000 may be used for activities
associated with International Space Station
research; and
(B) for fiscal year 2002, $344,000,000, of
which $2,000,000 shall be for research and
early detection systems for breast and ovarian
cancer and other women's health issues,
appropriate funding shall be made available for
continuing clinical trials of islet
transplantation in patients with Type I
diabetes utilizing immunoisolation technologies
derived from NASA space flights, and
$80,800,000 may be used for activities
associated with International Space Station
research.
(3) For Earth Science, subject to the limitations
set forth in section 125--
(A) for fiscal year 2001, $1,430,800,000;
and
(B) for fiscal year 2002, $1,357,500,000.
(4) For Aero-Space Technology--
(A) for fiscal year 2001, $1,224,000,000,
of which--
(i) at least $36,000,000 shall be
for Quiet Aircraft Technology;
(ii) at least $70,000,000 shall be
for the Aviation Safety program; and
(iii) $50,000,000 shall be for
ultra-efficient engine technology; and
(iv) $290,000,000 shall be for
Second Generation RLV Program; and
(B) for fiscal year 2002, $1,574,900,000,
of which--
(i) at least $36,000,000 shall be
for Quiet Aircraft Technology;
(ii) at least $70,000,000 shall be
for the Aviation Safety program; and
(iii) $50,000,000 shall be for
ultra-efficient engine technology; and
(iv) $610,000,000 shall be for
Second Generation RLV Program.
(5) For Space Operations--
(A) for fiscal year 2001, $529,400,000; and
(B) for fiscal year 2002, $500,800,000.
(6) For Academic Programs--
(A) for fiscal year 2001, $141,300,000, of
which--
(i) $11,800,000 shall be for the
Teacher/Faculty Preparation and
Enhancement Programs;
(ii) $11,800,000 shall be for the
program known as the Experimental
Program to Stimulate Competitive
Research;
(iii) $54,000,000 shall be for
minority university research and
education (at institutions such as
Hispanic-serving institutions, Alaska
Native serving institutions, Native
Hawaiian serving institutions, and
tribally controlled colleges and
universities), including $35,900,000
for Historically Black Colleges and
Universities; and
(iv) $28,000,000 shall be for space
grant colleges designated under section
208 of the National Space Grant College
and Fellowship Act; and
(B) for fiscal year 2002, $141,300,000, of
which--
(i) $12,500,000 shall be for the
Teacher/Faculty Preparation and
Enhancement Programs;
(ii) $12,500,000 shall be for the
program known as the Experimental
Program to Stimulate Competitive
Research;
(iii) $54,000,000 shall be for
minority university research and
education (at institutions such as
Hispanic-serving institutions, Alaska
Native serving institutions, Native
Hawaiian serving institutions, and
tribally controlled colleges and
universities), including $35,900,000
for Historically Black Colleges and
Universities; and
(iv) $28,000,000 shall be for space
grant colleges designated under section
208 of the National Space Grant College
and Fellowship Act.
SEC. 103. MISSION SUPPORT.
(a) Fiscal Year 2000.--There are authorized to be
appropriated to the National Aeronautics and Space
Administration for Mission Support for fiscal year 2000
$2,512,000,000.
(b) Fiscal Years 2001 and 2002.--There are authorized to be
appropriated to the National Aeronautics and Space
Administration for Mission Support for fiscal years 2001 and
2002 the following amounts:
(1) For Safety, Mission Assurance, Engineering, and
Advanced Concepts--
(A) for fiscal year 2001, $47,500,000; and
(B) for fiscal year 2002, $51,500,000.
(2) For Construction of Facilities, including land
acquisition--
(A) for fiscal year 2001, $245,900,000; and
(B) for fiscal year 2002, $231,000,000.
(3) For Research and Program Management, including
personnel and related costs, travel, and research
operations support--
(A) for fiscal year 2001, $2,290,600,000;
and
(B) for fiscal year 2002, $2,383,700,000.
SEC. 104. INSPECTOR GENERAL.
There are authorized to be appropriated to the National
Aeronautics and Space Administration for Inspector General--
(1) for fiscal year 2000, $20,000,000;
(2) for fiscal year 2001, $22,000,000; and
(3) for fiscal year 2002, $22,700,000.
SEC. 105. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this title, the
total amount authorized to be appropriated to the National
Aeronautics and Space Administration under this Act shall not
exceed--
(1) for fiscal year 2001, $14,184,400,000; and
(2) for fiscal year 2002, $14,625,400,000.
Subtitle B--Limitations and Special Authority
SEC. 121. USE OF FUNDS FOR CONSTRUCTION.
(a) Authorized Uses.--Funds appropriated under sections
101, 102, and 103(b)(1) and funds appropriated for research
operations support under section 103(b)(3) may, at any location
in support of the purposes for which such funds are
appropriated, be used for--
(1) the construction of new facilities; and
(2) additions to, repair of, rehabilitation of, or
modification of existing facilities (in existence on
the date on which such funds are made available by
appropriation).
(b) Limitation.--
(1) In general.--Until the date specified in
paragraph (2), no funds may be expended pursuant to
subsection (a) for a project, with respect to which the
estimated cost to the National Aeronautics and Space
Administration, including collateral equipment, exceeds
$1,000,000.
(2) Date.--The date specified in this paragraph is
the date that is 30 days after the Administrator
notifies the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives of the nature,
location, and estimated cost to the National
Aeronautics and Space Administration of the project
referred to in paragraph (1).
(c) Title to Facilities.--
(1) In general.--If funds are used pursuant to
subsection (a) for grants for the purchase or
construction of additional research facilities to
institutions of higher education, or to nonprofit
organizations whose primary purpose is the conduct of
scientific research, title to these facilities shall be
vested in the United States.
(2) Exception.--If the Administrator determines
that the national program of aeronautical and space
activities will best be served by vesting title to a
facility referred to in paragraph (1) in an institution
or organization referred to in that paragraph, the
title to that facility shall vest in that institution
or organization.
(3) Condition.--Each grant referred to in paragraph
(1) shall be made under such conditions as the
Administrator determines to be necessary to ensure that
the United States will receive benefits from the grant
that are adequate to justify the making of the grant.
SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts,
appropriations authorized under subtitle A may remain available
without fiscal year limitation.
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
(a) In General.--Appropriations authorized for construction
of facilities under section 103(b)(2)--
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(2) may be varied upward by 25 percent, to meet
unusual cost variations, after the expiration of 15
days following a report on the circumstances of such
action by the Administrator to the Committee on Science
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
The aggregate amount authorized to be appropriated for
construction of facilities under section 103(b)(2) shall not be
increased as a result of actions authorized under paragraphs
(1) and (2) of this subsection.
(b) Special Rule.--Where the Administrator determines that
new developments in the national program of aeronautical and
space activities have occurred; and that such developments
require the use of additional funds for the purposes of
construction, expansion, or modificationof facilities at any
location; and that deferral of such action until the enactment of the
next National Aeronautics and Space Administration authorization Act
would be inconsistent with the interest of the Nation in aeronautical
and space activities, the Administrator may use up to $10,000,000 of
the amounts authorized under section 103(b)(2) for each fiscal year for
such purposes. No such funds may be obligated until a period of 30 days
has passed after the Administrator has transmitted to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science of the House of Representatives a written report describing
the nature of the construction, its costs, and the reasons therefor.
SEC. 124. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES.
Not more than $32,500 of the funds appropriated under
section 102 may be used for scientific consultations or
extraordinary expenses, upon the authority of the
Administrator.
SEC. 125. EARTH SCIENCE LIMITATION.
Of the funds authorized to be appropriated for Earth
Science under section 102(b)(3) for each of fiscal years 2001
and 2002, $25,000,000 shall be for the Commercial Remote
Sensing Program for commercial data purchases, unless the
National Aeronautics and Space Administration has integrated
data purchases into the procurement process for Earth science
research by obligating at least 5 percent of the aggregate
amount appropriated for that fiscal year for Earth Observing
System and Earth Probes for the purchase of Earth science data
from the private sector.
SEC. 126. COMPETITIVENESS AND INTERNATIONAL COOPERATION.
(a) Limitation.--(1) As part of the evaluation of the costs
and benefits of entering into an obligation to conduct a space
mission in which a foreign entity will participate as a
supplier of the spacecraft, spacecraft system, or launch
system, the Administrator shall solicit comment on the
potential impact of such participation through notice published
in Commerce Business Daily at least 45 days before entering
into such an obligation.
(2) The Administrator shall certify to the Congress at
least 15 days in advance of any cooperative agreement with the
People's Republic of China, or any company owned by the
People's Republic of China or incorporated under the laws of
the People's Republic of China, involving spacecraft,
spacecraft systems, launch systems, or scientific or technical
information that--
(A) the agreement is not detrimental to the United
States space launch industry; and
(B) the agreement, including any indirect technical
benefit that could be derived from the agreement, will
not improve the missile or space launch capabilities of
the People's Republic of China.
(3) The Inspector General of the National Aeronautics and
Space Administration, in consultation with appropriate
agencies, shall conduct an annual audit of the policies and
procedures of the National Aeronautics and Space Administration
with respect to the export of technologies and the transfer of
scientific and technical information, to assess the extent to
which the National Aeronautics and Space Administration is
carrying out its activities in compliance with Federal export
control laws and with paragraph (2).
(b) National Interests.--Before entering into an obligation
described in subsection (a), the Administrator shall consider
the national interests of the United States described in
section 2(6).
SEC. 127. TRANS-HAB.
(a) Replacement Structure.--No funds authorized by this Act
shall be obligated for the definition, design, procurement, or
development of an inflatable space structure to replace any
International Space Station components scheduled for launch in
the Assembly Sequenceadopted by the National Aeronautics and
Space Administration in June 1999.
(b) Exception.--Notwithstanding subsection (a), nothing in
this Act shall preclude the National Aeronautics and Space
Administration from leasing or otherwise using a commercially
provided inflatable habitation module, if such module would--
(1) cost the same or less, including any necessary
modifications to other hardware or operating expenses,
than the remaining cost of completing and attaching the
baseline habitation module;
(2) impose no delays to the Space Station Assembly
Sequence; and
(3) result in no increased safety risk.
(c) Report.--Notwithstanding subsection (a), the National
Aeronautics and Space Administration shall report to the
Congress by April 1, 2001, on its findings and recommendations
on substituting any inflatable habitation module, or other
inflatable structures, for one of the elements included in the
Space Station Assembly Sequence adopted in June 1999.
SEC. 128. CONSOLIDATED SPACE OPERATIONS CONTRACT.
No funds authorized by this Act shall be used to create a
Government-owned corporation to perform the functions that are
the subject of the Consolidated Space Operations Contract.
TITLE II--INTERNATIONAL SPACE STATION
SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.
(a) Bimonthly Reporting on Russian Status.--Not later than
the first day of the first month beginning more than 60 days
after the date of the enactment of this Act, and not later than
the first day of every second month thereafter until October 1,
2006, the Administrator shall report to Congress whether or not
the Russians have performed work expected of them and necessary
to complete the International Space Station. Each such report
shall also include a statement of the Administrator's judgment
concerning Russia's ability to perform work anticipated and
required to complete the International Space Station before the
next report under this subsection.
(b) Decision on Russian Critical Path Items.--The President
shall notify Congress within 90 days after the date of the
enactment of this Act of the decision on whether or not to
proceed with permanent replacement of the Russian Service
Module, other Russian elements in the critical path of the
International Space Station, or Russian launch services. Such
notification shall include the reasons and justifications for
the decision and the costs associated with the decision. Such
decision shall include a judgment of when all elements
identified in Revision E assembly sequence as of June 1999 will
be in orbit and operational. If the President decides to
proceed with a permanent replacement for the Russian Service
Module or any other Russian element in the critical path or
Russian launch service, the President shall notify Congress of
the reasons and the justification for the decision to proceed
with the permanent replacement, and the costs associated with
the decision.
(c) Assurances.--The United States shall seek assurances
from the Russian Government that it places a higher priority on
fulfilling its commitments to the International Space Station
than it places on extending the life of the Mir Space Station,
including assurances that Russia will not utilize assets
allocated by Russia to the International Space Station for
other purposes, including extending the life of Mir.
(d) Equitable Utilization.--In the event that any
International Partner in the International Space Station
Program willfully violates any of its commitments or agreements
for the provision of agreed-upon Space Station-related hardware
or related goods or services, the Administrator should, in a
manner consistent with relevantinternational agreements, seek a
commensurate reduction in the utilization rights of that Partner until
such time as the violated commitments or agreements have been
fulfilled.
(e) Operation Costs.--The Administrator shall, in a manner
consistent with relevant international agreements, seek to
reduce the National Aeronautics and Space Administration's
share of International Space Station common operating costs,
based upon any additional capabilities provided to the
International Space Station through the National Aeronautics
and Space Administration's Russian Program Assurance
activities.
SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.
(a) Limitation of Costs.--
(1) In general.--Except as provided in subsections
(c) and (d), the total amount obligated by the National
Aeronautics and Space Administration for--
(A) costs of the International Space
Station may not exceed $25,000,000,000; and
(B) space shuttle launch costs in
connection with the assembly of the
International Space Station may not exceed
$17,700,000,000.
(2) Calculation of launch costs.--For purposes of
paragraph (1)(B)--
(A) not more than $380,000,000 in costs for
any single space shuttle launch shall be taken
into account; and
(B) if the space shuttle launch costs taken
into account for any single space shuttle
launch are less than $380,000,000, then the
Administrator shall arrange for a verification,
by the General Accounting Office, of the
accounting used to determine those costs and
shall submit that verification to the Congress
within 60 days after the date on which the next
budget request is transmitted to the Congress.
(b) Costs to Which Limitation Applies.--
(1) Development costs.--The limitation imposed by
subsection (a)(1)(A) does not apply to funding for
operations, research, or crew return activities
subsequent to substantial completion of the
International Space Station.
(2) Launch costs.--The limitation imposed by
subsection (a)(1)(B) does not apply--
(A) to space shuttle launch costs in
connection with operations, research, or crew
return activities subsequent to substantial
completion of the International Space Station;
(B) to space shuttle launch costs in
connection with a launch for a mission on which
at least 75 percent of the shuttle payload by
mass is devoted to research; nor
(C) to any additional costs incurred in
ensuring or enhancing the safety and
reliability of the space shuttle.
(3) Substantial completion.--For purposes of this
subsection, the International Space Station is
considered to be substantially completed when the
development costs comprise 5 percent or less of the
total International Space Station costs for the fiscal
year.
(c) Notice of Changes to Space Station Costs.--The
Administrator shall provide with each annual budget request a
written notice and analysis of any changes under subsection (d)
to the amounts set forth in subsection (a) to the Senate
Committees on Appropriations and on Commerce, Science, and
Transportation and to the House of Representatives Committees
on Appropriations and on Science. In addition, such notice may
be provided at other times, as deemed necessary by the
Administrator. The written notice shall include--
(1) an explanation of the basis for the change,
including the costs associated with the change and the
expected benefit to the program to be derived from the
change;
(2) an analysis of the impact on the assembly
schedule and annual funding estimates of not receiving
the requested increases; and
(3) an explanation of the reasons that such a
change was not anticipated in previous program budgets.
(d) Funding for Contingencies.--
(1) Notice required.--If funding in excess of the
limitation provided for in subsection (a) is required
to address the contingencies described in paragraph
(2), then the Administrator shall provide the written
notice required by subsection (c). In the case of
funding described in paragraph (3)(A), such notice
shall be required prior to obligating any of the
funding. In the case of funding described in paragraph
(3)(B), such notice shall be required within 15 days
after making a decision to implement a change that
increases the space shuttle launch costs in connection
with the assembly of the International Space Station.
(2) Contingencies.--The contingencies referred to
in paragraph (1) are the following:
(A) The lack of performance or the
termination of participation of any of the
International countries party to the
Intergovernmental Agreement.
(B) The loss or failure of a United States-
provided element during launch or on-orbit.
(C) On-orbit assembly problems.
(D) New technologies or training to improve
safety on the International Space Station.
(E) The need to launch a space shuttle to
ensure the safety of the crew or to maintain
the integrity of the station.
(3) Amounts.--The total amount obligated by
National Aeronautics and Space Administration to
address the contingencies described in paragraph (2) is
limited to--
(A) $5,000,000,000 for the International
Space Station; and
(B) $3,540,000,000 for the space shuttle
launch costs in connection with the assembly of
the International Space Station.
(e) Reporting and Review.--
(1) Identification of costs.--
(A) Space shuttle.--As part of the overall
space shuttle program budget request for each
fiscal year, the Administrator shall identify
separately--
(i) the amounts of the requested
funding that are to be used for
completion of the assembly of the
International Space Station; and
(ii) any shuttle research mission
described in subsection (b)(2).
(B) International space station.--As part
of the overall International Space Station
budget request for each fiscal year, the
Administrator shall identify the amount to be
used for development of the International Space
Station.
(2) Accounting for cost limitations.--As part of
the annual budget request to the Congress, the
Administrator shall account for the cost limitations
imposed by subsection (a).
(3) Verification of accounting.--The Administrator
shall arrange for a verification, by the General
Accounting Office, of the accounting submitted to the
Congress within 60 days after the date on which the
budget request is transmitted to the Congress.
(4) Inspector general.--Within 60 days after the
Administrator provides a notice and analysis to the
Congress under subsection (c), the Inspector General of
the National Aeronautics and Space Administration shall
review the notice and analysis and report the results
of the review to the committees to which the notice and
analysis were provided.
SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.
(a) Study.--The Administrator shall enter into a contract
with the National Research Council and the National Academy of
Public Administration to jointly conduct a study of the status
of life and microgravity research as it relates to the
International Space Station. The study shall include--
(1) an assessment of the United States scientific
community's readiness to use the International Space
Station for life and microgravity research;
(2) an assessment of the current and projected
factors limiting the United States scientific
community's ability to maximize the research potential
of the International Space Station, including, but not
limited to, the past and present availability of
resources in the life and microgravity research
accounts within the Office of Human Spaceflight and the
Office of Life and Microgravity Sciences and
Applications and the past, present, and projected
access to space of the scientific community; and
(3) recommendations for improving the United States
scientific community's ability to maximize the research
potential of the International Space Station, including
an assessment of the relative costs and benefits of--
(A) dedicating an annual mission of the
Space Shuttle to life and microgravity research
during assembly of the International Space
Station; and
(B) maintaining the schedule for assembly
in place at the time of the enactment.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Administrator shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the results of the study conducted under
this section.
SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION PROGRAM.
Section 434 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000 is amended by striking ``2004,'' each
place it appears and inserting ``2002,''.
SEC. 205. SPACE STATION MANAGEMENT.
(a) Research Utilization and Commercialization Management
Activities.--The Administrator of the National Aeronautics and
Space Administration shall enter into an agreement with a non-
government organization to conduct research utilization and
commercialization management activities of the International
Space Station subsequent to substantial completion as defined
in section 202(b)(3). The agreement may not take effect less
than 120 days after the implementation plan for the agreement
is submitted to the Congress under subsection (b).
(b) Implementation Plan.--Not later than September 30,
2001, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives an
implementation plan to incorporate the use of a non-government
organization for the International Space Station. The
implementation plan shall include--
(1) a description of the respective roles and
responsibilities of the Administration and the non-
government organization;
(2) a proposed structure for the non-government
organization;
(3) a statement of the resources required;
(4) a schedule for the transition of
responsibilities; and
(5) a statement of the duration of the agreement.
TITLE III--MISCELLANEOUS
SEC. 301. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.
(a) Requirement.--Before any funds may be obligated for
Phase B of a project that is projected to cost more than
$150,000,000 in total project costs, the Chief Financial
Officer for the National Aeronautics and Space Administration
shall conduct an independent life-cycle cost analysis of such
project and shall report the results to Congress. In developing
cost accounting and reporting standards for carrying out this
section, the Chief Financial Officer shall, to the extent
practicable and consistent with other laws, solicit the advice
of expertise outside of the National Aeronautics and Space
Administration.
(b) Definition.--For purposes of this section, the term
``Phase B'' means the latter stages of project formulation,
during which the final definition of a project is carried out
and before project implementation (which includes the Design,
Development, and Operations Phases) begins.
SEC. 302. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 AMENDMENTS.
(a) Declaration of Policy and Purpose.--Section 102 of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is
amended--
(1) by striking subsection (f) and redesignating
subsections (g) and (h) as subsections (f) and (g),
respectively; and
(2) in subsection (g), as so redesignated by
paragraph (1) of this subsection, by striking ``(f),
and (g)'' and inserting in lieu thereof ``and (f)''.
(b) Reports to the Congress.--Section 206(a) of the
National Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a))
is amended--
(1) by striking ``January'' and inserting in lieu
thereof ``May''; and
(2) by striking ``calendar'' and inserting in lieu
thereof ``fiscal''.
SEC. 303. COMMERCIAL SPACE GOODS AND SERVICES.
It is the sense of Congress that the National Aeronautics
and Space Administration shall purchase commercially available
space goods and services to the fullest extent feasible and
shall not conduct activities with commercial applications that
preclude or deter commercial space activities except for
reasons of national security or public safety. A space good or
service shall be deemed commercially available if it is offered
by a commercial provider, or if it could be supplied by a
commercial provider in response to a Government procurement
request. For purposes of this section, a purchase is feasible
if it meets mission requirements in a cost-effective manner.
SEC. 304. COST EFFECTIVENESS CALCULATIONS.
Except as otherwise required by law, in calculating the
cost effectiveness of the cost of the National Aeronautics and
Space Administration engaging in an activity as compared to a
commercial provider, the Administrator shall compare the cost
of the National Aeronautics and Space Administration engaging
in the activity using full cost accounting principles with the
price the commercial provider will charge for such activity.
SEC. 305. FOREIGN CONTRACT LIMITATION.
The National Aeronautics and Space Administration shall not
enter into any agreement or contract with a foreign government
that grants the foreign government the right to recover profit
in the event that the agreement or contract is terminated.
SEC. 306. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS BASED ON
SUBSTANTIAL EVIDENCE OF FRAUD.
Section 2307(i)(8) of title 10, United States Code, is
amended by striking ``and (4)'' and inserting in lieu thereof
``(4), and (6)''.
SEC. 307. SPACE SHUTTLE UPGRADE STUDY.
(a) Study.--The Administrator shall enter into appropriate
arrangements for the conduct of an independent study to
reassess the priority of all Space Shuttle upgrades which are
under consideration by the National Aeronautics and Space
Administration but for which substantial development costs have
not been incurred.
(b) Priorities.--The study described in subsection (a)
shall establish relative priorities of the upgrades within each
of the following categories:
(1) Upgrades that are safety related.
(2) Upgrades that may have functional or
technological applicability to reusable launch
vehicles.
(3) Upgrades that have a payback period within the
next 12 years.
(c) Completion Date.--The results of the study described in
subsection (a) shall be transmitted to the Congress not later
than 180 days after the date of the enactment of this Act.
SEC. 308. AERO-SPACE TRANSPORTATION TECHNOLOGY INTEGRATION.
(a) Integration Plan.--The Administrator shall develop a
plan for the integration of research, development, and
experimental demonstration activities in the aeronautics
transportation technology and space transportation technology
areas where appropriate. The plan shall ensure that integration
is accomplished without losing unique capabilities which
support the National Aeronautics and Space Administration's
defined missions. The plan shall also include appropriate
strategies for using aeronautics centers in integration
efforts.
(b) Reports to Congress.--Not later than 90 days after the
date of the enactment of this Act, the Administrator shall
transmit to the Congress a report containing the plan developed
under subsection (a). The Administrator shall transmit to the
Congress annually thereafter for 5 years a report on progress
in achieving such plan, to be transmitted with the annual
budget request.
SEC. 309. DEFINITIONS OF COMMERCIAL SPACE POLICY TERMS.
It is the sense of the Congress that the Administrator
should ensure, to the extent practicable, that the usage of
terminology in National Aeronautics and Space Administration
policies and programs with respect to space activities is
consistent with the following definitions:
(1) The term ``commercialization'' means actions or
policies which promote or facilitate the private
creation or expansion of commercial markets for
privately developed and privately provided space goods
and services, including privatized space activities.
(2) The term ``commercial purchase'' means a
purchase by the Federal Government of space goods and
services at a market price from a private entity which
has invested private resources to meet commercial
requirements.
(3) The term ``commercial use of Federal assets''
means the use of Federal assets by a private entity to
deliver services to commercial customers, with or
without putting private capital at risk.
(4) The term ``contract consolidation'' means the
combining of two or more Government service contracts
for related space activities into one larger Government
service contract.
(5) The term ``privatization'' means the process of
transferring--
(A) control and ownership of Federal space-
related assets, along with the responsibility
for operating, maintaining, and upgrading those
assets, to the private sector; or
(B) control and responsibility for space-
related functions from the Federal Government
to the private sector.
SEC. 310. EXTERNAL TANK OPPORTUNITIES STUDY.
(a) Applications.--The Administrator shall enter into
appropriate arrangements for an independent study to identify,
and evaluate the potential benefits and costs of, the broadest
possible range of commercial and scientific applications which
are enabled by the launch of Space Shuttle external tanks into
Earth orbit and retention in space, including--
(1) the use of privately owned external tanks as a
venue for commercial advertising on the ground, during
ascent, and in Earth orbit, except that such study
shall not consider advertising that while in orbit is
observable from the ground with the unaided human eye;
(2) the use of external tanks to achieve scientific
or technology demonstration missions in Earth orbit, on
the Moon, or elsewhere in space; and
(3) the use of external tanks as low-cost
infrastructure in Earth orbit or on the Moon, including
as an augmentation to the International Space Station.
A final report on the results of such study shall be delivered
to the Congress not later than 90 days after the date of the
enactment of this Act. Such report shall include
recommendations as to Government and industry-funded
improvements to the external tank which would maximize its
cost-effectiveness for the scientific and commercial
applications identified.
(b) Required Improvements.--The Administrator shall conduct
an internal agency study, based on the conclusions of the study
required by subsection (a), of what--
(1) improvements to the current Space Shuttle
external tank; and
(2) other in-space transportation or infrastructure
capability developments,
would be required for the safe and economical use of the Space
Shuttle external tank for any or all of the applications
identified by the study required by subsection (a), a report on
which shall be delivered to Congress not later than 45 days
after receipt of the final report required by subsection (a).
(c) Changes in Law or Policy.--Upon receipt of the final
report required by subsection (a), the Administrator shall
solicit comment from industry on what, if any, changes in law
or policy would be required to achieve the applications
identified in that final report. Not later than 90 days after
receipt of such final report, the Administrator shall transmit
to the Congress the comments received along with the
recommendations of the Administrator as to changes in law or
policy that may be required for those purposes.
SEC. 311. NOTICE.
(a) Notice of Reprogramming.--If any funds authorized by
this Act are subject to a reprogramming action that requires
notice to be provided to the Appropriations Committees of the
House of Representatives and the Senate, notice of such action
shall concurrently be provided to the Committee on Science of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(b) Notice of Reorganization.--The Administrator shall
provide notice to the Committees on Science and Appropriations
of the House of Representatives, and the Committees on
Commerce, Science, and Transportation and Appropriations of the
Senate, not later than 30 days before any major reorganization
of any program, project, or activity of the National
Aeronautics and Space Administration.
SEC. 312. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 is amended--
(1) in section 101 (50 U.S.C. 511) by striking
``transsonic and supersonic'' and inserting
``transsonic, supersonic, and hypersonic''; and
(2) in section 103 (50 U.S.C. 513)--
(A) by striking ``laboratories'' in
subsection (a) and inserting ``laboratories and
centers'';
(B) by striking ``supersonic'' in
subsection (a) and inserting ``transsonic,
supersonic, and hypersonic''; and
(C) by striking ``laboratory'' in
subsection (c) and inserting ``facility''.
SEC. 313. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT.
(a) Establishment of Program.--In order to promote a
``faster, cheaper, better'' approach to the human exploration
and development of space, the Administrator shall establish a
Human Space Flight Innovative Technologies program of ground-
based and space-based research and development in innovative
technologies. The program shall be part of the Technology and
Commercialization program.
(b) Awards.--At least 75 percent of the amount appropriated
for Technology and Commercialization under section 101(b)(4)
for any fiscal year shall be awarded through broadly
distributed announcements of opportunity that solicit proposals
from educational institutions, industry, nonprofit
institutions, National Aeronautics and Space Administration
Centers, the Jet Propulsion Laboratory, other Federal agencies,
and other interested organizations, and that allow partnerships
among any combination of those entities, with evaluation,
prioritization, and recommendations made by external peer
review panels.
(c) Plan.--The Administrator shall provide to the Committee
on Science of the House of Representatives and to the Committee
on Commerce, Science, and Transportation of the Senate, not
later than December 1, 2000, a plan to implement the program
established under subsection (a).
SEC. 314. LIFE IN THE UNIVERSE.
(a) Review.--The Administrator shall enter into appropriate
arrangements with the National Academy of Sciences for the
conduct of a review of--
(1) international efforts to determine the extent
of life in the universe; and
(2) enhancements that can be made to the National
Aeronautics and Space Administration's efforts to
determine the extent of life in the universe.
(b) Elements.--The review required by subsection (a) shall
include--
(1) an assessment of the direction of the National
Aeronautics and Space Administration's astrobiology
initiatives within the Origins program;
(2) an assessment of the direction of other
initiatives carried out by entities other than the
National Aeronautics and Space Administration to
determine the extent of life in the universe, including
other Federal agencies, foreign space agencies, and
private groups such as the Search for Extraterrestrial
Intelligence Institute;
(3) recommendations about scientific and
technological enhancements that could be made to the
National Aeronautics and Space Administration's
astrobiology initiatives to effectively utilize the
initiatives of the scientific and technical
communities; and
(4) recommendations for possible coordination or
integration of National Aeronautics and Space
Administration initiatives with initiatives of other
entities described in paragraph (2).
(c) Report to Congress.--Not later than 20 months after the
date of the enactment of this Act, the Administrator shall
transmit to the Congress a report on the results of the review
carried out under this section.
SEC. 315. CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH.
(a) Carbon Cycle Remote Sensing Applications Research
Program.--
(1) In general.--The Administrator shall develop a
carbon cycle remote sensing applications research
program--
(A) to provide a comprehensive view of
vegetation conditions;
(B) to assess and model agricultural carbon
sequestration; and
(C) to encourage the development of
commercial products, as appropriate.
(2) Use of centers.--The Administrator of the
National Aeronautics and Space Administration shall use
regional earth science application centers to conduct
applications research under this section.
(3) Researched areas.--The areas that shall be the
subjects of research conducted under this section
include--
(A) the mapping of carbon-sequestering land
use and land cover;
(B) the monitoring of changes in land cover
and management;
(C) new approaches for the remote sensing
of soil carbon; and
(D) region-scale carbon sequestration
estimation.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 of
funds authorized by section 102 for fiscal years 2001 through
2002.
SEC. 316. REMOTE SENSING FOR AGRICULTURAL AND RESOURCE MANAGEMENT.
(a) Information Development.--The Administrator shall--
(1) consult with the Secretary of Agriculture to
determine data product types that are of use to farmers
which can be remotely sensed from air or space;
(2) consider useful commercial data products
related to agriculture as identified by the focused
research program between the National Aeronautics and
Space Administration's Stennis Space Center and the
Department of Agriculture; and
(3) examine other data sources, including
commercial sources, LightSAR, RADARSAT I, and RADARSAT
II, which can provide domestic and international
agricultural information relating to crop conditions,
fertilization and irrigation needs, pest infiltration,
soil conditions, projected food, feed, and fiber
production, and other related subjects.
(b) Plan.--After performing the activities described in
subsection (a) the Administrator shall, in consultation with
the Secretary of Agriculture, develop a plan to inform farmers
and other prospective users about the use and availability of
remote sensing products that may assist with agricultural and
forestry applications identified in subsection (a). The
Administrator shall transmit such plan to the Congress not
later than 180 days after the date of the enactment of this
Act.
(c) Implementation.--Not later than 90 days after the plan
has been transmitted under subsection (b), the Administrator
shall implement the plan.
SEC. 317. 100TH ANNIVERSARY OF FLIGHT EDUCATIONAL INITIATIVE.
(a) Educational Initiative.--In recognition of the 100th
anniversary of the first powered flight, the Administrator, in
coordination with the Secretary of Education, shall develop and
provide for the distribution, for use inthe 2001-2002 academic
year and thereafter, of age-appropriate educational materials, for use
at the kindergarten, elementary, and secondary levels, on the history
of flight, the contribution of flight to global development in the 20th
century, the practical benefits of aeronautics and space flight to
society, the scientific and mathematical principles used in flight, and
any other related topics the Administrator considers appropriate. The
Administrator shall integrate into the educational materials plans for
the development and flight of the Mars plane.
(b) Report to Congress.--Not later than October 1, 2000,
the Administrator shall transmit a report to the Congress on
activities undertaken pursuant to this section.
SEC. 318. INTERNET AVAILABILITY OF INFORMATION.
Upon the conclusion of the research under a research grant
or award of $50,000 or more made with funds authorized by this
Act, the Administrator shall make available through the
Internet home page of the National Aeronautics and Space
Administration a brief summary of the results and importance of
such research grant or award. Nothing in this section shall be
construed to require or permit the release of any information
prohibited by law or regulation from being released to the
public.
SEC. 319. SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to
be purchased with financial assistance provided under this Act,
it is the sense of the Congress that entities receiving such
assistance should, in expending the assistance, purchase only
American-made equipment and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Administrator shall
provide to each recipient of the assistance a notice describing
the statement made in subsection (a) by the Congress.
SEC. 320. ANTI-DRUG MESSAGE ON INTERNET SITES.
Not later than 90 days after the date of the enactment of
this Act, the Administrator, in consultation with the Director
of the Office of National Drug Control Policy, shall place
anti-drug messages on Internet sites controlled by the National
Aeronautics and Space Administration.
SEC. 321. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.
(a) Definitions.--In this section:
(1) Educationally useful federal equipment.--The
term ``educationally useful Federal equipment'' means
computers and related peripheral tools and research
equipment that is appropriate for use in schools.
(2) School.--The term ``school'' means a public or
private educational institution that serves any of the
grades of kindergarten through grade 12.
(b) Sense of Congress.--
(1) In general.--It is the sense of Congress that
the Administrator should, to the greatest extent
practicable and in a manner consistent with applicable
Federal law (including Executive Order No. 12999),
donate educationally useful Federal equipment to
schools in order to enhance the science and mathematics
programs of those schools.
(2) Reports.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the
Administrator shall prepare and submit to Congress a
report describing any donations of educationally useful
Federal equipment to schools made during the period
covered by the report.
SEC. 322. SPACE ADVERTISING.
(a) Definition.--Section 70102 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (8) through (16) as
paragraphs (9) through (17), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) `obtrusive space advertising' means
advertising in outer space that is capable of being
recognized by a human being on the surface of the Earth
without the aid of a telescope or other technological
device.''.
(b) Prohibition.--Chapter 701 of title 49, United States
Code, is amended by inserting after section 70109 the following
new section:
``Sec. 70109a. Space advertising
``(a) Licensing.--Notwithstanding the provisions of this
chapter or any other provision of law, the Secretary may not,
for the launch of a payload containing any material to be used
for the purposes of obtrusive space advertising--
``(1) issue or transfer a license under this
chapter; or
``(2) waive the license requirements of this
chapter.
``(b) Launching.--No holder of a license under this chapter
may launch a payload containing any material to be used for
purposes of obtrusive space advertising.
``(c) Commercial Space Advertising.--Nothing in this
section shall apply to nonobtrusive commercial space
advertising, including advertising on--
``(1) commercial space transportation vehicles;
``(2) space infrastructure payloads;
``(3) space launch facilities; and
``(4) launch support facilities.''.
(c) Negotiation With Foreign Launching Nations.--(1) The
President is requested to negotiate with foreign launching
nations for the purpose of reaching 1 or more agreements that
prohibit the use of outer space for obtrusive space advertising
purposes.
(2) It is the sense of Congress that the President should
take such action as is appropriate and feasible to enforce the
terms of any agreement to prohibit the use of outer space for
obtrusive space advertising purposes.
(3) As used in this subsection, the term ``foreign
launching nation'' means a nation--
(A) that launches, or procures the launching of, a
payload into outer space; or
(B) from the territory or facility of which a
payload is launched into outer space.
(d) Clerical Amendment.--The table of sections for chapter
701 is amended by inserting after the item relating to section
70109 the following:
``70109a. Space advertising.''.
SEC. 323. AERONAUTICAL RESEARCH.
(a) Flight Research Study.--
(1) In general.--Within 6 months after the date of
the enactment of this Act, the Administrator shall
provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives the results of
an engineering study of the modifications necessary for
the more effective use of the WB-57 flight research
plan.
(2) Contents of study.--The engineering study
provided by the Administrator under paragraph (1) shall
address at least the following issues:
(A) Replacement of autopilot.
(B) Replacement of landing gear or improved
brake system.
(C) Upgrade of avionics.
(D) Upgrade of engines for higher flight
regimes.
(E) Installation of winglets on aircraft
wings.
(F) Research benefits to be derived from
modifications of plane.
(G) Associated costs of each of the
modifications.
(b) Aircraft Icing Research Plan.--
(1) In general.--Within 90 days after the date of
the enactment of this Act, the Administrator shall
submit a plan to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Science of the House of Representatives for aircraft
icing research to be conducted over the 5-year period
commencing on October 1, 2000.
(2) Contents of the plan.--The aircraft icing
research plan submitted by the Administrator under
paragraph (1) shall include at least the following
items:
(A) Research goals and objectives.
(B) Funding levels for each of the 5 fiscal
years.
(C) Anticipated extent and nature of
involvement in the research program by
agencies, organizations, and companies, both
domestic and foreign, other than the National
Aeronautics and Space Administration.
(D) Anticipated resource requirements and
locations of aircraft icing tunnel research and
flight research for each of the 5 fiscal years.
SEC. 324. INSURANCE, INDEMNIFICATION, AND CROSS-WAIVERS.
(a) Technical Amendment.--Title III of the National
Aeronautics and Space Act of 1958 is amended--
(1) by redesignating sections 309 through 311 as
sections 310 through 312, respectively; and
(2) by inserting ``Sec. 309.'' before ``(a) In
General.--'' in the undesignated section added by
section 435 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000.
(b) Amendments.--Section 309 of the National Aeronautics
and Space Act of 1958 (as so designated by subsection (a)(2) of
this section) is amended--
(1) in subsection (c)(1), by striking
``departments, agencies, and related entities'' and
inserting ``departments, agencies, and
instrumentalities'';
(2) in subsection (c)(2), by adding at the end the
following new subparagraph:
``(D) Willful misconduct.--A reciprocal
waiver under paragraph (1) may not relieve the
United States, the developer, the cooperating
party, or the related entities of the developer
or cooperating party, of liability for damage
or loss resulting from willful misconduct.'';
and
(3) by adding at the end the following new
subsection:
``(f) Termination.--
``(1) In general.--The provisions of this section
shall terminate on December 31, 2002, except that the
Administrator may extend the termination date to a date
not later than September 30, 2005, if the Administrator
determines that such extension is in the interests of
the United States.
``(2) Effect of termination on agreement.--The
termination of this section shall not terminate or
otherwise affect any cross-waiver agreement, insurance
agreement, indemnification agreement, or other
agreement entered into under this section, except as
may be provided in that agreement.''.
SEC. 325. USE OF ABANDONED, UNDERUTILIZED, AND EXCESS BUILDINGS,
GROUNDS, AND FACILITIES.
(a) In General.--In any case in which the Administrator
considers the purchase, lease, or expansion of a facility to
meet requirements of the National Aeronautics and Space
Administration, the Administrator shall consider whether those
requirements could be met by the use of one of the following:
(1) Abandoned or underutilized buildings, grounds,
and facilities in depressed communities that can be
converted to National Aeronautics and Space
Administration usage at a reasonable cost, as
determined by the Administrator.
(2) Any military installation that is closed or
being closed, or any facility at such an installation.
(3) Any other facility or part of a facility that
the Administrator determines to be--
(A) owned or leased by the United States
for the use of another agency of the Federal
Government; and
(B) considered by the head of the agency
involved--
(i) to be excess to the needs of
that agency; or
(ii) to be underutilized by that
agency.
(b) Definition.--For the purposes of this section, the term
``depressed communities'' means rural and urban communities
that are relatively depressed, in terms of age of housing,
extent of poverty, growth of per capita income, extent of
unemployment, job lag, or surplus labor.
And the Senate agree to the same.
F. James Sensenbrenner, Jr.,
Dana Rohrabacher,
Dave Weldon,
Ralph M. Hall,
Bart Gordon,
Managers on the Part of the House.
John McCain,
Ted Stevens,
Bill Frist,
Fritz Hollings,
John Breaux,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1654), to
authorize appropriations for the National Aeronautics and Space
Administration for fiscal years 2000, 2001, and 2002, and for
other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
The House and Senate authorization bills were passed in
1999 and based on the fiscal year (FY) 2000 budget request.
Both bills authorized funding for FY 2000 through FY 2002 based
on the budget runouts provided with the President's FY 2000
request for NASA funding. However, conference discussions were
still underway when the President unveiled his FY 2001 budget
request. The FY 2001 budget request differed significantly from
that projected in FY 2000. The FY 2001 budget contained
significant increases in Space Science and Aerospace Technology
and minor reductions in Human Spaceflight and Earth Science,
reflecting that the International Space Station (ISS) and the
first phase of the EOS program had passed the peak of their
development costs. Consequently, the conferees adjusted the
conference text to reflect the new information contained in the
FY 2001 request.
title i. authorization of appropriations
(Subtitle A)
Human Spaceflight. The President requested $5,499,900,000
for Human Spaceflight in FY 2001. Conferees agreed to
$5,499,900,000 for Human Spaceflight in FY 2001. The conferees
provided funding for International Space Station, the Space
Shuttle, Payload/ELV Support and Investments and Support at the
level of the President's request. Concerned about past
Administration cuts to the International Space Station research
activities, the conferees adopted a House provision setting
aside $455,400,000 of the amount authorized for Space Station
research and assigning the Office of Life and Microgravity
Sciences and Applications responsibility for administering
those funds.
The Senate-passed authorization bill excluded $200
million in funding in the Space Station funding account for the
Propulsion Module due to lack of specific plans. Conferees
continue to be concerned given the recent significant cost
increase of at least $150 million and schedule slippages of 18
months for the module. These cost increases and delays are even
more alarming given the project is still in its early
developmental stages. The conferees are also concerned about
the lack of specific future plans for the Propulsion Module at
this point.
The President requested $5,387,600,000 for Human
Spaceflight in FY 2002. Conferees agreed to authorize
$5,387,600,000 for Human Spaceflight in FY 2002. The conferees
provided funding for International Space Station, the Space
Shuttle, Payload/ELV Support and Investments and Support at the
level of the President's request. Concerned about past
Administration cuts to the International Space Station research
activities, the conferees adopted a House provision setting
aside $451,600,000 of the amount authorized for Space Station
research and assigning the Office of Life and Microgravity
Sciences and Applications responsibility for administering
those funds. The conferees also agreed to authorize $20,000,000
for Technology and Commercialization in FY 2001 and FY 2002.
Science, Aeronautics, and Technology. The President
requested $2,398,800,000 for space science in FY 2001.
Conferees agreed to authorize $2,417,800,000 for Space Science
in FY 2001, $19,000,000 more than the President requested and
$225,015,000 more than the FY 2000 appropriated level. The
President requested $2,606,400,000 for space science in FY
2002. Conferees agreed to authorize $2,630,400,000 in FY 2002,
$24,000,000 more than the Presidential request. Conferees also
agreed to: House language stating that of the total authorized
for Space Science $10,500,000 shall be for the Near Earth
Object Survey in FY 2001 and FY 2002; $523,601,000 shall be for
the Research Program in FY 2001 and $566,700,000 shall be for
the Research Program in FY 2002; $12,000,000 shall be for Space
Solar Power technology in FY 2001 and FY 2002; and $5,000,000
shall be for Space Science Data Buys in FY 2002. Despite the
loss of both Mars 1998 missions, the conferees remain committed
to exploring Mars and support the President's decision to
increase the Mars program's baseline funding by $347,400,000
over the period FY 2001 through FY 2005 in his FY 2001 budget
request. Moreover, the conferees continue to endorse NASA's
faster, better, cheaper concept and believe that a greater
number of small missions will do more to advance certain
scientific goals than large missions launched just once every
decade. Nevertheless, better definition of the concept is
needed for proper and effective implementation.
The President requested $302,400,000 for Life and
Microgravity Science in FY 2001 and $300,300,000 for FY 2002.
The conferees are concerned that past cuts to Life and
Microgravity research are impeding scientific progress and
undermining the future readiness of the scientific community to
fully utilize the ISS. The conferees agreed to authorize
$335,200,000 and $344,000,000 for Life and Microgravity
research in FY 2001 and FY 2002, respectively. Together, these
represent an increase of $76,500,000, nearly 13% over the
President's request for both years. Given NASA's development of
non-invasive diagnostic capabilities in the life sciences,
conferees adopted House language setting aside $2,000,000 of
the amount authorized for FY 2001 and FY 2002 for research and
early detection systems for breast and ovarian cancer.
Conferees also adopted Senate language setting aside $2,000,000
of the amount authorized for FY 2001 and FY 2002 for clinical
trials of islet transplantation technology for Type I diabetes
patients developed as a result of past space flight activities.
Finally, conferees adopted House language signaling that
$70,000,000 of funds authorized for FY 2001 and $80,800,000 of
funds authorized for FY 2002 may be used for research
associated with the ISS. These amounts signify continuing
Congressional commitment to restoring past cuts to the Life and
Microgravity research budget and a desire to improve the role
of the Life and Microgravity research community in planning
Space Station research activities.
For Earth Science, the President requested $1,405,800,000
in FY 2001 and $1,332,500,000 in FY 2002. The House authorized
$1,413,300,000 and the Senate authorized $1,502,873,000 for
Earth Science in FY 2001. The House authorized $1,365,300,000
and the Senate authorized $1,547,959,000 for Earth Science in
FY 2002. Conferees agreed to authorize $1,430,800,000 and
$1,357,500,000 for earth science in FY 2001 and FY 2002
respectively. The House-passed bill terminated the Triana
spacecraft. The Senate did not eliminate the program; the House
receded to the Senate.
In Aerospace Technology, the President requested
$1,193,000,000 in FY 2001 and $1,548,900,000 in FY 2002.
Conferees agreed to authorize $1,224,000,000 in FY 2001,
$31,000,000 more than the President requested, and
$1,574,900,000 in FY 2002, $26,000,000 more than the President
requested. In aeronautics, the conferees are concerned about
the continuing decline in funding for aeronautics research over
the last several years and agreed to authorize funding of
$36,000,000 in FY 2001 and FY 2002 for NASA's Quiet Aircraft
Technology programs, $70,000,000 in FY 2001 and FY 2002 for its
Aviation Safety programs, and $50,000,000 in FY 2001 and FY
2002 for its ultra-efficient engine technology program. The
conferees reaffirm Congress' commitment to a strong NASA
aeronautical R&D program, and believe that it will be necessary
to make appropriate investments in the modernization of NASA'a
aeronautical research facilities to keep pace with the full
range of current and emerging aeronautical R&D challenges.
Conferees provided full funding for the Space Launch
Initiative, singling out the Second Generation RLV Program for
funding. Moreover, the conferees endorse the general approach
and plan to preserve competition among technological concepts
within the SLI as laid out by NASA in briefings and
presentations to the respective authorizing committees. The
investigation of multiple technological concepts could include
examination of such concepts as Two-Stage-to-Orbit, Single-
Stage-to-Orbit, Vertical-Takeoff-Vertical-Landing (for which
potential military applications are envisioned by some
observers), and air-launched systems, among others. The
conferees further note that NASA's plan for ``Alternative
Access'' to the International Space Station is contained within
the Space Launch Initiative budget profile and commend NASA for
seeking means of reducing our dependence on the Space Shuttle
and Russian Soyuz and Progress vehicles for access to ISS. The
conferees believe it will be necessary to make appropriate
investments in the modernization of NASA's rocket engine
testing facilities to keep pace with the development of the
Second Generation RLV program, particularly given NASA's plan
to develop some air-breathing engine technologies.
The President requested $100,000,000 for Academic
Programs in FY 2001 and FY 2002, a $41,300,000 reduction from
the FY 2000 funding appropriated by Congress. The House passed
bill provided $128,600,000 in FY 2001 and $130,600,000 in FY
2002. The Senate bill provided $133,900,000 and $137,917,000 in
FY 2001 and FY 2002 respectively. Conferees recommended
authorizing $141,300,000 for FY 2001 and $141,300,000 for FY
2002. Within those authorizations, $11,800,000 in FY 2001 shall
be for Teacher/Faculty Preparation and Enhancement Programs and
$11,800,000 in FY 2001 shall be for the Experimental Program to
Stimulate Competitive Research. Conferees authorized both
programs at the level of $12,500,000 in FY 2002. The conferees
also agreed that $28,000,000 of the funds authorized shall be
for Space Grant Colleges in both FY 2001 and FY 2002. Finally,
the Conferees agreed that $54,000,000 in both FY 2001 and FY
2002 shall be for minority university research and education,
including $35,900,000 for Historically Black Colleges and
Universities.
Mission Support, NASA Inspector General, & Total
Authorization. In Mission Support, the conferees recommended
funding the President's request of $2,584,000,000 in FY 2001
and $2,666,200,000 in FY 2002. Conferees also agreed
toauthorize $20,000,000 for the NASA Inspector General in FY 2000,
$22,000,000 in FY 2001 and $22,700,000 in FY 2002 as requested by the
President.
The conferees authorized $13,600,800,000 for NASA in FY
2000, reflecting the FY 2000 appropriations and including
$5,487,900,000 for Human Spaceflight, $5,580,900,000 for
Science, Aeronautics and Technology, $2,512,000,000 for Mission
Support, and $20,000,000 for the NASA Inspector General. The
total amount of funding authorized for NASA is $14,184,400,000
in FY 2001, which is $149,100,000 more than the President
requested. The total amount authorized for FY 2002 is
$14,625,400,000, which is $160,000,000 more than the
President's outyear budget projections.
The conferees have been concerned about the need to
ensure that NASA's personnel and facilities will be able to
support a robust and safe space and aeronautics program over
the next decade and beyond. In particular, the conferees note
the high portion of NASA personnel that are at, or near, the
age for retirement eligibility. In addition, the conferees note
the importance of ensuring the continued safety of workers and
property at NASA's facilities. Therefore, the conferees expect
the Administrator to report to Congress by April 1, 2001 on
NASA's plans and anticipated resource requirements for (1)
ensuring that critical technical and managerial skills are
maintained throughout the space agency, including plans for
hiring new personnel as appropriate; and (2) plans for
investing in the maintenance and upgrading of facilities and
equipment to ensure the safety of both workers and property.
Policy provisions (Subtitle B)
The House bill contained Section 125, authorizing
$50,000,000 in FY 2001 and FY 2002 for Earth Science data
purchases. The House sought to create a mechanism by which
scientists could exploit for scientific purposes the hundreds
of millions of dollars in private investment in remote sensing
capabilities. Believing that a market is the most efficient way
of allocating limited resources, the House sought to create
competition among data providers to meet scientist's needs,
thereby creating pressures that would result in falling prices
and increased quality in the long term. Moreover, by directly
authorizing scientists to procure data, the House intended to
place greater decision-making authority directly in the hands
of principal investigators studying the Earth system. The
Senate bill contained no data purchase program, so the
conferees agreed to split the difference by authorizing a $25
million program. In order to fund that activity in a manner
that does not disrupt the ongoing Earth Science programs, the
conferees have augmented the funding for Earth Science by an
equivalent amount in both FY 2001 and FY 2002. The conferees
expect the Administrator to report to the Congress by April 1,
2001 on NASA's long-term plan to promote scientific
applications of U.S. commercial remote sensing capabilities
through the purchase of data, development of applications, and
collaboration with industry, research universities, and other
government agencies.
Section 126 was modified during House consideration of
H.R. 1654. The amendment, patterned after language adopted in
the FY 2000 defense authorization bill, is intended to ensure
that cooperative agreements between NASA and the People's
Republic of China will not benefit, directly or indirectly, the
People's Republic of China in its efforts to develop new space
launch and ballistic missile capabilities. Subparagraph (a)(3)
requires the NASA Inspector General to review NASA's compliance
with existing export control obligations in consultation with
the appropriate agencies of the federal government. For the
purposes of this section, ``appropriate agencies'' refers
generally to the U.S. national security, intelligence, export
control, and counter-intelligence/law enforcement communities,
including the Central Intelligence Agency, the Defense
Intelligence Agency, and the Departments of State, Defense,
Justice, and Commerce. The Senate bill contained no such
provision. After adopting some clarifying language, the Senate
receded to the House position.
Section 127 was contained in the House bill as
introduced. The measure prohibits NASA from obligating funds to
define, design, procure, or develop an inflatable space
structure to replace any baseline ISS module. House conferees
are particularly concerned about the potential for further
perturbations to the baseline ISS design, which are likely to
increase cost, technical risk, and schedule slips. Indeed, NASA
was pursuing Transhab as an inflatable replacement for the
already-built habitation module's pressure vessel at a time
when early cost projections indicated Transhab would cost
several tens of millions more to complete. The Senate bill
contained no such provision. After some discussion, the
conferees agreed to modify the language to enable NASA to lease
a privately defined, designed, and developed Transhab, provided
that such a structure would not expose the U.S. government or
the International Space Station to greater cost or schedule
risks. It should be noted that the leasing option still
precludes NASA from obligating funds for NASA to design, define
(beyond the specification of requirements to be met by the
commercially provided structure), or develop an inflatable
structure to replace any baselined ISS module and that any
lease payments may not total more than the remaining cost of
the habitation module. Conferees gave NASA until April 1, 2001
to assess its options and report its recommendations on
Transhab to the Congress. Such a report should include a cost-
benefit analysis of the fiscal, programmatic, schedule, and
technical risks of three options: (1) sticking with the
baseline ISS design; (2) replacing the baselined habitation
module with a commercially-developed and owned inflatable
structure; or (3) looking to inflatable structures as potential
enhancements to the ISS after assembly complete. The April 1
report should contain NASA's recommendation on whether or not
to pursue a Transhab option.
title ii. international space station
The Senate-passed bill contained a Title regarding the
ISS which included sections for dealing with Russian
contingencies and a total program funding cap. The House
receded to the Senate position. The Senate-passed language was
modified where appropriate and adopted.
Section 201. International Space Station contingency plan
Section 201 seeks to address concerns over the
International Space Station created by Russia's difficulties in
meeting its commitments to the International Space Station
(ISS) partnership. The section requires a bimonthly status
report on Russia's progress in meeting its obligations and a
notification requirement in the event of a decision to
replaceany Russian elements in the critical path of the International
Space Station or Russian launch services.
Conferees also adopted language directing the United
States government to seek assurances from the Russian
government that the latter places a higher priority on ISS than
on its aging Mir space station and that ISS-dedicated resources
will not be used to extend further Mir's orbital life. The
conferees are especially concerned that earlier this year
Russia diverted a Soyuz vehicle and two Progress vehicles that
were originally intended to support ISS to instead service the
Mir. Although the conferees applaud the successful launching of
the Russian Service Module and note Russia's assurances that
the diverted vehicles will be replaced, they want to stress the
importance that Congress attaches to the need for Russia to
fulfill all of its remaining commitments to the ISS.
The Intergovernmental Agreement (IGA), voluntarily signed
by each participating country, delineates the roles and
responsibilities of all ISS partners. The conferees maintain
that in the event that any International Partner willfully
violates any of its commitments or agreements for the provision
of agreed-upon Space Station hardware or related goods or
services, the NASA Administrator should, in a manner consistent
with relevant international agreements, seek a commensurate
reduction in the utilization rights of that partner until such
time as the violated commitments or agreements have been
fulfilled. It is important to the conferees that the IGA remain
equitable.
Finally, the conferees adopted language directing the
Administrator to seek, in a manner consistent with relevant
international agreements, to reduce NASA's share of ISS common
operating costs as a result of any additional capabilities
added to the ISS through NASA's Russian Program Assurance
activities.
Section 202. Cost limitations for the International Space Station
Conferees have adopted language that would place a cost
limitation on the International Space Station. The limitation
would establish a limit of $25 billion for the development of
ISS and $17.7 billion for the use of the Space Shuttle for the
assembly of the Station until the point of substantial
completion. Substantial completion has been defined as the
point when development costs comprise 5 percent or less of the
total ISS costs for the fiscal year. Conferees feel that at
this point in the program, the majority of the activities are
truly beyond the developmental phase of the project. The charge
against the limitation of using the Shuttle shall not exceed
$380 million per launch. If the actual costs are less,
verification and reporting requirements have been established.
The Administrator of NASA is required to provide written notice
and analysis of any changes to the limitations set forth on the
Station and the Shuttle program.
Furthermore, an additional 20 percent ($5 billion for ISS
and $3.54 billion for the Shuttle program) has been authorized
to address contingencies identified within the cost limitation.
Within the contingencies, the conferees have given NASA
additional flexibility to address, through additional shuttle
launches, urgent threats to crew safety or the integrity of the
ISS. It is expected that these contingencies would provide NASA
the necessary resources to address any urgent situation on the
Station. The conferees want to emphasize the importance they
attach to the safety of the Space Shuttle and ISS programs.
Annual reporting and review requirements have also been
identified and are to be included as part of the budget request
for each fiscal year.
Section 203. Research on International Space Station
The conferees note with growing concern that the gaps
between space-based life and microgravity research
opportunities are growing. Consequently, the scientific
disciplines associated with this research risk stagnating,
creating the possibility that the scientific community will not
be prepared to fully exploit the scientific potential of the
space station. To address these concerns, Congress has, for
several years, provided funding for a dedicated research flight
aboard the Space Shuttle. As adopted in the House, H.R. 1654
contained language calling for a joint study by the National
Research Council and the National Academy of Public
Administration to review the readiness of the U.S. scientific
community to use the space station, identify obstacles, and
make recommendations to ensure that the U.S. scientific
community is able to fully exploit the space station.
Section 205. Space station research utilization and commercialization
management
The conferees further note that as the International
Space Station approaches full assembly, NASA must begin to
focus on establishing an organizational infrastructure capable
of ensuring that the International Space Station is fully and
effectively utilized for scientific and engineering research.
The conferees commend NASA for initiating a review of
management structures by the National Research Council's Space
Studies Board and Aeronautics and Space Engineering Board. The
National Research Council recommended that ``a consortium led
by a research institution or group of institutions, governed by
an independent board of directors, managed by a strong
scientific director, and guided by an advisory process that is
broadly representative of the research community'' be charged
with managing scientific activities aboard ISS. The conferees
further note that NASA has had success with utilizing non-
government organizations for the operation of major scientific
research programs, such as the Hubble Space Telescope.
Conferees are also concerned about commercialization
opportunities aboard the Space Station. The non-government
organization should ensure that equitable opportunities exist
for industry to participate in activities. NASA should work
with the Department of Commerce's Office of Space
Commercialization to ensure that the selected non-government
organization has adequate expertise in this area. The conferees
therefore direct NASA to enter into an agreement with a non-
government organization that will manage the research
utilization and commercialization aspects of the International
Space Station. The non-government organization should be
selected competitively.
Title III. Miscellaneous
The House-passed bill contained language that conferees
adopted as Section 304, Cost Effectiveness Calculations. The
provision is intended to improve the informationavailable to
policymakers by directing NASA to compare the price a private company
would charge to provide a good or service with the total cost (using
full-cost accounting principles) to NASA of performing the same
function when performing cost-effectiveness calculations. The measure
will help discourage the current practice of disguising a program's
true cost to the American taxpayer by discounting the overhead and
personnel costs associated with the program or mission and enable NASA
to make rational decisions about out-sourcing certain activities. The
conferees note that cost-effectiveness is not the only appropriate
measure or factor to be considered when deciding whether to out-source
certain activities. NASA's need to maintain a skilled workforce and its
experience with certain kinds of technologies often will make it
better-suited to perform a program or mission than a lower-cost
contractor. In addition, the need to meet mission requirements and to
avoid the assumption of unacceptable program risk also need to be
weighed as part of the decision to out-source or not. Section 304
merely directs NASA to perform cost-effectiveness calculations in a
certain way; it does not mandate that any decision be made based on
that calculation.
Section 308 directs the Administrator to develop a plan
for the integration of NASA's aeronautics and space
transportation research and development activities. NASA has
already administratively moved the two activities under one
roof in reorganizing Code R. The conferees remain concerned
that NASA's aeronautics activities have suffered from a lack of
strategic direction and adequate funding in recent years. They
note, however, that NASA's traditional aeronautics research
activities have much to offer its space transportation
activities and vice versa. NASA's Hyper-X vehicle, for example,
has the potential to develop considerable information on high-
speed flight through the atmosphere, while NASA's advanced
cockpit development activities will have applications in the
development of crewed space launch vehicles. It is hoped that
the technology integration plan will lead NASA to determine the
best means of fully exploiting the Space Launch Initiative
funding wedge against those areas of research and development
that will benefit both aeronautics and space transportation.
Certainly, bringing the skills and knowledge resident in NASA's
centers focused on aeronautics (Glenn Research Center, Langley
Research Center, and the Dryden Flight Research Center) to bear
on space transportation problems will benefit the Space Launch
Initiative. As important, NASA will be better positioned to
bring the lessons learned from the SLI investment into its
aeronautics research programs. The conferees expect an
integration plan to lay the groundwork for strengthening
aeronautics research in the United States over the coming
decade.
The Senate bill contained a section prohibiting obtrusive
space advertising. The House bill contained no such provision
and the House recedes to the Senate. In adopting this measure,
which is section 322 in the conference report, the conferees
are seeking to preserve a view of the sky that humanity has
enjoyed since the beginning of human existence. Moreover, this
section will help prevent new sources of interference with
astronomy. The conferees note that obtrusive space advertising
is defined as ``advertising in outer space that is capable of
being recognized by a human being on the surface of the Earth
without the aid of a telescope or other technological device,''
i.e., that which is recognizable to the human eye. The
provision does not apply to commercial space advertising
practices that are common today, such as the placement of logos
on commercial space launch vehicles and payloads, since these
symbols are not visible to a terrestrial human eye without the
aid of a camera or some other viewing mechanism once the
vehicles or facilities are in orbit.
The Senate-passed bill included two provisions related to
indemnification, insurance, and cross-waivers of liability.
Senate Section 203 provided for cross-waivers of liability for
U.S. ISS contractors, and Senate Section 313 expanded the
experimental aerospace vehicle indemnification regime to
include vehicles under development on or before July 31, 1999.
Subsequent to Senate passage of H.R. 1654, the Congress
combined these regimes under Section 431 of Public Law 106-74,
which establishes broad authority for NASA to enter into cross-
waivers of liability as part of a cooperative agreement and to
indemnify the developers of experimental aerospace vehicles for
catastrophic losses. This regime is similar to the liability
regime established for operational commercial launch vehicles
under Title 49. However, the authority for operational vehicles
periodically expires. The conferees agreed to a provision
(Section 324) which sunsets NASA's broad authority on December
31, 2002. The Administration is permitted to extend the
termination date to September 30, 2005 if the Administrator
determines that such an extension is in the national interest.
F. James Sensenbrenner, Jr.,
Dana Rohrabacher,
Dave Weldon,
Ralph M. Hall,
Bart Gordon,
Managers on the Part of the House.
John McCain,
Ted Stevens,
Bill Frist,
Fritz Hollings,
John Breaux,
Managers on the Part of the Senate.