2000
[DOCID: f:h1654enr.txt]
H.R.1654
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To authorize appropriations for the National Aeronautics and Space
Administration for fiscal years 2000, 2001, and 2002, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.--The table of contents for this Act is as
follows:
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 research utilization and commercialization
management.
TITLE III--MISCELLANEOUS
Sec. 301. Requirement for independent cost analysis.
Sec. 302. National Aeronautics and Space Act of 1958 amendments.
Sec. 303. Commercial space goods and services.
Sec. 304. Cost effectiveness calculations.
Sec. 305. Foreign contract limitation.
Sec. 306. Authority to reduce or suspend contract payments based on
substantial evidence of fraud.
Sec. 307. Space shuttle upgrade study.
Sec. 308. Aero-space transportation technology integration.
Sec. 309. Definitions of commercial space policy terms.
Sec. 310. External tank opportunities study.
Sec. 311. Notice.
Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 313. Innovative technologies for human space flight.
Sec. 314. Life in the universe.
Sec. 315. Carbon cycle remote sensing applications research.
Sec. 316. Remote sensing for agricultural and resource management.
Sec. 317. 100th Anniversary of Flight educational initiative.
Sec. 318. Internet availability of information.
Sec. 319. Sense of the Congress; requirement regarding notice.
Sec. 320. Anti-drug message on Internet sites.
Sec. 321. Enhancement of science and mathematics programs.
Sec. 322. Space advertising.
Sec. 323. Aeronautical research.
Sec. 324. Insurance, indemnification and cross-waivers.
Sec. 325. Use of abandoned, underutilized, and excess buildings,
grounds, and
facilities.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Administration should
continue to pursue actions and reforms directed at reducing
institutional costs, including management restructuring, facility
consolidation, procurement reform, and convergence with defense and
commercial sector systems, while sustaining safety standards for
personnel and hardware.
(2) The United States is on the verge of creating and using new
technologies in microsatellites, information processing, and space
transportation that could radically alter the manner in which the
Federal Government approaches its space mission.
(3) The overwhelming preponderance of the Federal Government's
requirements for routine, unmanned space transportation can be met
most effectively, efficiently, and economically by a free and
competitive market in privately developed and operated space
transportation services.
(4) In formulating a national space transportation service
policy, the National Aeronautics and Space Administration should
aggressively promote the pursuit by commercial providers of the
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 as appropriate
to serve as a scientific bridge to the next generation of space-
based observatories.
(11) The National Aeronautics and Space Administration is to be
commended for its successful efforts to transfer mobile robotics
technologies to the United States industry through its existing 5-
year commitment to the National Robotics Engi
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neering 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,
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$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;
(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;
(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 spac
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e
activities have occurred; and that such developments require the use of
additional funds for the purposes of construction, expansion, or
modification of facilities at any location; and that deferral of such
action until the enactment of the next National Aeronautics and Space
Administration authorization Act would be inconsistent with the
interest of the Nation in aeronautical and space activities, the
Administrator may use up to $10,000,000 of the amounts authorized under
section 103(b)(2) for each fiscal year for such purposes. No such funds
may be obligated until a period of 30 days has passed after the
Administrator has transmitted to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science of the
House of Representatives a written report describing the nature of the
construction, its costs, and the reasons therefor.
SEC. 124. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES.
Not more than $32,500 of the funds appropriated under section 102
may be used for scientific consultations or extraordinary expenses,
upon the authority of the Administrator.
SEC. 125. EARTH SCIENCE LIMITATION.
Of the funds authorized to be appropriated for Earth Science under
section 102(b)(3) for each of fiscal years 2001 and 2002, $25,000,000
shall be for the Commercial Remote Sensing Program for commercial data
purchases, unless the National Aeronautics and Space Administration has
integrated data purchases into the procurement process for Earth
science research by obligating at least 5 percent of the aggregate
amount appropriated for that fiscal year for Earth Observing System and
Earth Probes for the purchase of Earth science data from the private
sector.
SEC. 126. COMPETITIVENESS AND INTERNATIONAL COOPERATION.
(a) Limitation.--(1) As part of the evaluation of the costs and
benefits of entering into an obligation to conduct a space mission in
which a foreign entity will participate as a supplier of the
spacecraft, spacecraft system, or launch system, the Administrator
shall solicit comment on the potential impact of such participation
through notice published in Commerce Business Daily at least 45 days
before entering into such an obligation.
(2) The Administrator shall certify to the Congress at least 15
days in advance of any cooperative agreement with the People's Republic
of China, or any company owned by the People's Republic of China or
incorporated under the laws of the People's Republic of China,
involving spacecraft, spacecraft systems, launch systems, or scientific
or technical information that--
(A) the agreement is not detrimental to the United States space
launch industry; and
(B) the agreement, including any indirect technical benefit
that could be derived from the agreement, will not improve the
missile or space launch capabilities of the People's Republic of
China.
(3) The Inspector General of the National Aeronautics and Space
Administration, in consultation with appropriate agencies, shall
conduct an annual audit of the policies and procedures of the National
Aeronautics and Space Administration with respect to the export of
technologies and the transfer of scientific and technical information,
to assess the extent to which the National Aeronautics and Space
Administration is carrying out its activities in compliance with
Federal export control laws and with paragraph (2).
(b) National Interests.--Before entering into an obligation
described in subsection (a), the Administrator shall consider the
national interests of the United States described in section 2(6).
SEC. 127. TRANS-HAB.
(a) Replacement Structure.--No funds authorized by this Act shall
be obligated for the definition, design, procurement, or development of
an inflatable space structure to replace any International Space
Station components scheduled for launch in the Assembly Sequence
adopted by the National Aeronautics and Space Administration in June
1999.
(b) Exception.--Notwithstanding subsection (a), nothing in this Act
shall preclude the National Aeronautics and Space Administration from
leasing or otherwise using a commercially provided inflatable
habitation module, if such module would--
(1) cost the same or less, including any necessary
modifications to other hardware or operating expenses, than the
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 any Russian elements in the critical path of the
International Space Station or any 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 any
Russian element in the critical path or any Russian launch services,
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 relevant
international agreements, seek a commensurate reduction in the
utilization rights of that Partner until such time as the violated
commitments or agreements have been fulfilled.
(e) Operation Costs.--The Administrator shall, in a manner
consistent with relevant international agreements, seek to reduce the
National Aeronautics and Space Administration's share of International
Space Station common operating costs, based u
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pon 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 the 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 potentia
2000
l 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 RESEARCH UTILIZATION AND COMMERCIALIZATION
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 ``and
(f)''.
(b) Reports to 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 ``May''; and
(2) by striking ``calendar'' and inserting ``fiscal''.
SEC. 303. COMMERCIAL SPACE GOODS AND SERVICES.
It is the sense of the 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 ``(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 consiste
2000
nt 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
2000
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 in the 2001-2002 academic year and
thereafter, of age-appropriate educational materials, for use at the
kindergarten, elementary, and secondary levels, on the history of
flight, the contribution of flight to global development in the 20th
century, the practical benefits of aeronautics and space flight to
society, the scientific and mathematical principles used in flight, and
any other related topics the Administrator considers appropriate. The
Administrator shall integrate into the educational materials plans for
the development and flight of the Mars plane.
(b) Report to Congress.--Not later than December 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 the Congress.--
(1) In general.--It is the sense of the 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 the
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 th
1c9e
is 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 one or more agreements that prohibit the use of
outer space for obtrusive space advertising purposes.
(2) It is the sense of the 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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