[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1654 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      November 5, 1999.
    Resolved, That the bill from the House of Representatives (H.R. 
1654) entitled ``An Act to authorize appropriations for the National 
Aeronautics and Space Administration for fiscal years 2000, 2001, and 
2002, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Aeronautics and Space Administration Authorization Act for Fiscal Years 
2000, 2001, and 2002''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

Sec. 101. International Space Station.
Sec. 102. Launch Vehicle and Payload Operations.
Sec. 103. Science, aeronautics, and technology.
Sec. 104. Mission support.
Sec. 105. Inspector General.
Sec. 106. Experimental Program to Stimulate Competitive Research.

             Subtitle B--Limitations and Special Authority

Sec. 111. Use of funds for construction.
Sec. 112. Availability of appropriated amounts.
Sec. 113. Reprogramming for construction of facilities.
Sec. 114. Consideration by committees.
Sec. 115. Use of funds for scientific consultations or extraordinary 
                            expenses.

                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station contingency plan.
Sec. 202. Cost limitation for the International Space Station.
Sec. 203. Liability cross-waivers for International Space Station-
                            related activities.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. National Aeronautics and Space Act of 1958 amendments.
Sec. 302. Use of existing facilities.
Sec. 303. Authority to reduce or suspend contract payments based on 
                            substantial evidence of fraud.
Sec. 304. Notice.
Sec. 305. Sense of Congress on the year 2000 problem.
Sec. 306. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 307. Enhancement of science and mathematics programs.
Sec. 308. Authority to vest title.
Sec. 309. NASA mid-range procurement test program.
Sec. 310. Space advertising.
Sec. 311. Authority to license NASA-developed software.
Sec. 312. Carbon cycle remote sensing technology.
Sec. 313. Indemnification and insurance.

SEC. 2. FINDINGS.

    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, 
        personnel base downsizing, and convergence with other defense 
        and commercial sector systems, while sustaining safety 
        standards for personnel and hardware.
            (2) The National Aeronautics and Space Administration 
        should sustain its proud history as the leader of the United 
        States in basic aeronautics and space research.
            (3) The United States is on the verge of creating and using 
        new technologies in microsatellites, information processing, 
        and space launches that could radically alter the manner in 
        which the Federal Government approaches its space mission.
            (4) 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.
            (5) International cooperation in space exploration and 
        science activities serves the interest of the United States.
            (6) In participating in the National Aeronautical Test 
        Alliance, 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.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (2) Commercial provider.--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) Critical path.--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) Grant agreement.--The term ``grant agreement'' has the 
        meaning given that term in section 6302(2) of title 31, United 
        States Code.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 1201(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1141(a)).
            (6) Major reorganization.--With respect to the National 
        Aeronautics and Space Administration, the term ``major 
        reorganization'' means any reorganization of the Administration 
        that involves the reassignment of more than 25 percent of the 
        employees of the National Aeronautics and Space Administration.
            (7) State.--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.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. INTERNATIONAL SPACE STATION.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for the International Space Station--
            (1) $2,282,700,000 for fiscal year 2000;
            (2) $2,328,000,000 for fiscal year 2001; and
            (3) $2,091,000,000 for fiscal year 2002.

SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.

    There are authorized to be appropriated to National Aeronautics and 
Space Administration for Launch Vehicle and Payload Operations--
            (1) for fiscal year 2000--
                    (A) $2,547,400,000 for space shuttle operations;
                    (B) $463,800,000 for space shuttle safety and 
                performance upgrades; and
                    (C) $169,100,000 for payload and utilization 
                operations.
            (2) for fiscal year 2001--
                    (A) $2,623,822,000 for space shuttle operations;
                    (B) $481,964,000 for space shuttle safety and 
                performance upgrades; and
                    (C) $174,173,000 for payload and utilization 
                operations.
            (3) for fiscal year 2002--
                    (A) $2,702,537,000 for space shuttle operations;
                    (B) $505,523,000 for space shuttle safety/
                performance upgrades; and
                    (C) $179,398,000 for payload and utilization 
                operations.

SEC. 103. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Science, Aeronautics, and Technology--
            (1) for fiscal year 2000--
                    (A) $2,196,600,000 for Space Science;
                    (B) $256,200,000 for life and microgravity sciences 
                and applications, of which $2,000,000 shall be for 
                research and early detection system for breast and 
                ovarian cancer and other women's health issues, and 
                $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;
                    (C) $1,459,100,000 for Earth Science;
                    (D) $1,156,500,000 for aeronautics and space 
                transportation technology, of which--
                            (i) $770,000,000 shall be used for 
                        aeronautical research and technology, of which 
                        at least $60,000,000 shall be used for the 
                        Aviation Safety Program, and of which 
                        $25,000,000 shall be used to augment research 
                        and technology relating to reduction in 
                        aircraft noise consistent with a noise 
                        reduction goal of 10dB by 2007, and of which 
                        $50,000,000 shall be used for ultra-efficient 
                        engine technology;
                            (ii) $254,000,000 shall be used for 
                        advanced space transportation technology, of 
                        which $111,600,000 shall be used only for the 
                        X-33 advanced technology demonstration vehicle 
                        program; and
                            (iii) $132,500,000 shall be used for 
                        commercial technology, of which some funds may 
                        be used for the expansion of the NASA business 
                        incubation program which is designed to foster 
                        partnerships between educational institutions 
                        and small high-technology businesses with 
                        preference given to those programs associated 
                        with community colleges;
                    (E) $406,300,000 for mission communications 
                services;
                    (F) $130,000,000 for academic programs, of which 
                $46,000,000 shall be used for minority university 
                research and education (at institutions such as 
                Hispanic-serving institutions and tribally-controlled 
                community colleges), of which $28,000,000 shall be used 
                for historically black colleges and universities; and
                    (G) $150,000,000 for future planning (space 
                launch).
            (2) for fiscal year 2001--
                    (A) $2,262,498,000 for Space Science;
                    (B) $263,886,000 for life and microgravity sciences 
                and applications, and 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;
                    (C) $1,502,873,000 for Earth Science;
                    (D) $1,036,695,000 for aeronautics and space 
                transportation technology, of which $820,000,000 shall 
                be used for aeronautical research and technology, of 
                which--
                            (i) at least $60,000,000 shall be used for 
                        the Aviation Safety program;
                            (ii) $25,000,000 shall be used to augment 
                        research and technology relating to reduction 
                        in aircraft noise consistent with a noise 
                        reduction goal of 10dB by 2007;
                            (iii) $75,000,000 shall be used to augment 
                        research and technology for engine and airframe 
                        efficiency and emissions reduction; and
                            (iv) $50,000,000 shall be used for ultra-
                        efficient engine technology;
                    (E) $418,489,000 for mission communications 
                services;
                    (F) $133,900,000 for academic programs; and
                    (G) $150,000,000 for future planning (space 
                launch).
            (3) for fiscal year 2002--
                    (A) $2,330,373,000 for Space Science;
                    (B) $271,803,000 for life and microgravity sciences 
                and applications, and 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;
                    (C) $1,547,959,000 for Earth Science;
                    (D) $1,067,796,000 for aeronautics and space 
                transportation technology, of which $880,000,000 shall 
                be used for aeronautical research and technology, of 
                which--
                            (i) at least $60,000,000 shall be used for 
                        the Aviation Safety program;
                            (ii) $25,000,000 shall be used to augment 
                        research and technology relating to reduction 
                        in aircraft noise consistent with a noise 
                        reduction goal of 10dB by 2007;
                            (iii) $75,000,000 shall be used to augment 
                        research and technology for engine and airframe 
                        efficiency and emissions reduction; and
                            (iv) $50,000,000 shall be used for ultra-
                        efficient engine technology;
                    (E) $431,044,000 for mission communications 
                services;
                    (F) $137,917,000 for academic programs; and
                    (G) $280,000,000 for future planning (space 
                launch).

SEC. 104. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for mission support--
            (1) for fiscal year 2000--
                    (A) $43,000,000 for safety, mission assurance, 
                engineering, and advanced concepts;
                    (B) $89,700,000 for space communication services;
                    (C) $181,000,000 for construction of facilities, 
                including land acquisition; and
                    (D) $2,181,200,000 for research and program 
                management, including personnel and related costs, 
                travel, and research operations support.
            (2) $2,569,747,000 for fiscal year 2001.
            (3) $2,646,839,000 for fiscal year 2002.

SEC. 105. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General--
            (1) $20,800,000 for fiscal year 2000;
            (2) $21,424,000 for fiscal year 2001; and
            (3) $22,066,720 for fiscal year 2002.

SEC. 106. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    Of the amounts authorized to be appropriated for academic programs 
under section 103(1)(F), 103(2)(F), and 103(3)(F), respectively, the 
Administrator shall use, for the program known as the Experimental 
Program to Stimulate Competitive Research--
            (1) $10,000,000 for fiscal year 2000;
            (2) $15,000,000 for fiscal year 2001; and
            (3) $20,000,000 for fiscal year 2002.

             Subtitle B--Limitations and Special Authority

SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds made available by appropriations under 
section 101, paragraphs (1)(A), (1)(B), (2)(A), (2)(B), (3)(A), and 
(3)(B) of section 102, section 103, and paragraphs (1)(A), (1)(B), 
(2)(A), and (2)(B) of section 104 and funds made available by 
appropriations for research operations support pursuant to section 104 
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. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

    To the extent provided in appropriations Acts, appropriations 
authorized under subtitle A may remain available without fiscal year 
limitation.

SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (a) Use of Construction Funds.--Subject to subsection (b), in 
addition to the amounts authorized for construction of facilities under 
section 101(4) or section 103(3), the Administrator may, for that 
purpose, from funds otherwise available to the Administrator--
            (1) use an additional amount equal to 10 percent of the 
        amount specified; or
            (2) to meet unusual cost variations, use an additional 
        amount equal to 25 percent of that amount, after the 
        termination of a 30-day period beginning on the date on which 
        the Administrator submits a report on the circumstances of such 
        action by the Administrator to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Science of the House of Representatives.
    (b) Limitation.--The aggregate amount authorized to be appropriated 
for construction of facilities under section 101(4) and section 103(3) 
shall not be increased as a result of any action taken by the 
Administrator under paragraph (1) or (2).

SEC. 114. CONSIDERATION BY COMMITTEES.

    (a) In General.--
            (1) Limitation on use of funds.--Except as provided in 
        subsection (b), notwithstanding any other provision of law, no 
        amount made available by appropriations for the National 
        Aeronautics and Space Administration in excess of the amount 
        authorized for that program under this title may be used for 
        any program with respect to which--
                    (A) the annual budget request submitted by the 
                President under section 1105(a) of title 31, United 
                States Code, included a request for funding; and
                    (B) for the fiscal year of the request referred to 
                in subparagraph (A), Congress denied or did not provide 
                funding.
            (2) Prohibition.--Notwithstanding any other provision of 
        law, no amount made available by appropriations to the National 
        Aeronautics and Space Administration may be used for any 
        program that is not authorized under this Act, except for 
        projects for construction of facilities.
    (b) Exception.--Funds may be used for a program of the National 
Aeronautics and Space Administration upon the expiration of the 30-day 
period beginning on the date on which the Administrator provides a 
notice to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science of the House of Representatives 
that contains--
            (1) a full and complete statement of the action proposed to 
        be taken by the Administrator with respect to that program; and
            (2) the facts and circumstances that the Administrator 
        relied on to support the proposed action referred to in 
        paragraph (1).
    (c) Information.--The Administrator shall keep the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives fully and currently informed 
with respect to all activities and responsibilities of the National 
Aeronautics and Space Administration within the jurisdiction of those 
committees.

SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

    Not more than $35,000 of the amounts made available by 
appropriations pursuant to section 103 may be used by the Administrator 
for scientific consultations or extraordinary expenses.

                 TITLE II--INTERNATIONAL SPACE STATION

SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

    (a) Transfer of Funds to Russia.--Notwithstanding any other 
provision of this Act, no funds or in-kind payments shall be 
transferred to any entity of the Russian Government or any Russian 
contractor to perform work on the International Space Station which the 
Russian Government pledged, at any time, to provide at its expense. 
This subsection shall not apply to the purchase or modification of--
            (1) the Russian Service Module, United States owned 
        Functional Cargo Block, Russian space launch vehicles and 
        launch services; or
            (2) until the assembly of the United States lab module, 
        command and control capability.
    (b) Contingency Plan for Russian Elements in Critical Path.--The 
Administrator shall develop and deliver to Congress, within 60 days of 
enactment, a contingency plan for the removal or replacement of each 
Russian Government element of the International Space Station that lies 
in the Station's critical path, as well as Russian space launch 
services. Such plan shall include--
            (1) decision points for removing or replacing those 
        elements and launch services, to the maximum extent feasible, 
        necessary for completion of the International Space Station;
            (2) the estimated cost of implementing each such decision; 
        and
            (3) the cost, to the extent determinable, of removing or 
        replacing a Russian Government critical path element or launch 
        service after its decision point has passed, if--
                    (A) the decision at that point was not to remove or 
                replace the Russian Government element or launch 
                service; and
                    (B) the National Aeronautics and Space 
                Administration later determines that the Russian 
                Government will be unable to provide the critical path 
                element or launch service in a manner to allow 
                completion of the International Space Station.
    (c) Bimonthly Reporting on Russian Status.--On or before December 
1, 1999, and until substantial completion (as defined in section 
202(b)(3) of this Act) of the assembly of the International Space 
Station, the Administrator shall report to Congress on the first day of 
every other month whether or not the Russians have performed work 
expected of them and necessary to complete the International Space 
Station. 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.
    (d) Decision on Russian Critical Path Items.--The President shall 
notify Congress within 90 days of 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 the assembly of the International 
Space Station will be completed. 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.

SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION

    (a) Limitation of Costs.--Except as provided in subsection (c), the 
total amount appropriated for--
            (1) costs of the International Space Station through 
        completion of assembly may not exceed $21,900,000,000; and
            (2) space shuttle launch costs in connection with the 
        assembly of the International Space Station through completion 
        of assembly may not exceed $17,700,000,000 (determined at the 
        rate of $380,000,000 per space shuttle flight).
    (b) Costs to Which Limitation Applies.--
            (1) Development costs.--The limitation imposed by 
        subsection (a)(1) does not apply to funding for operations, 
        research, and crew return activities subsequent to substantial 
        completion of the International Space Station.
            (2) Launch costs.--The limitation imposed by subsection 
        (a)(2) does not apply to space shuttle launch costs in 
        connection with operations, research, and crew return 
        activities subsequent to substantial completion of the 
        International Space Station.
            (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) Automatic Increase of Limitation Amount.--The amounts set forth 
in subsection (a) shall each be increased to reflect any increase in 
costs attributable to--
            (1) economic inflation;
            (2) compliance with changes in Federal, State, or local 
        laws enacted after the date of enactment of this Act;
            (3) the lack of performance or the termination of 
        participation of any of the International countries 
        participating in the International Space Station; and
            (4) new technologies to improve safety, reliability, 
        maintainability, availability, or utilization of the 
        International Space Station, or to reduce costs after 
        completion of assembly, including increases in costs for on-
        orbit assembly sequence problems, increased ground testing, 
        verification and integration activities, contingency responses 
        to on-orbit failures, and design improvements to reduce the 
        risk of on-orbit failures.
    (d) Notice of Changes.--The Administrator shall provide with each 
annual budget request a written notice and analysis of any changes 
under subsection (c) 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. 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; and
            (2) an analysis of the impact on the assembly schedule and 
        annual funding estimates of not receiving the requested 
        increases.
    (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 the amounts 
                of the requested funding that are to be used for 
                completion of the assembly of the International Space 
                Station.
                    (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 (d), 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 was provided.

SEC. 203. LIABILITY CROSS-WAIVERS FOR INTERNATIONAL SPACE STATION-
              RELATED ACTIVITIES

    (a) In General.--Notwithstanding any other provision of law, the 
Administrator, on behalf of the United States, its departments, 
agencies, and related entities, may reciprocally waive claims with 
cooperating parties, and the related entities of such cooperating 
parties, under which each party to each such waiver agrees to be 
responsible, and agrees to ensure that its own related entities are 
responsible, for damage or loss to its property or to property for 
which it is responsible, or for losses resulting from any injury or 
death sustained by its own employees or agents, as a result of 
activities connected to the International Space Station Program.
    (b) Limitations.--
            (1) Claims.--A reciprocal waiver under subsection (a) may 
        not preclude a claim by any natural person (including, but not 
        limited to, a natural person who is an employee of the United 
        States, the cooperating party, or the cooperating party's 
        subcontractors) or that natural person's estate, survivors, or 
        subrogees for injury or death, except with respect to a 
        subrogee that is a party to the waiver or has otherwise agreed 
        to be bound by the terms of the waiver.
            (2) Liability for negligence.--A reciprocal waiver under 
        subsection (a) may not absolve any party of liability to any 
        natural person (including, but not limited to, a natural person 
        who is an employee of the United States, the cooperating party, 
        or the cooperating party's subcontractors) or such natural 
        person's estate, survivors, or subrogees for negligence, except 
        with respect to a subrogee that is a party to the waiver or has 
        otherwise agreed to be bound by the terms of the waiver.
            (3) Indemnification for damages.--A reciprocal waiver under 
        subsection (a) may not be used as the basis of a claim by the 
        Administration or the cooperating party for indemnification 
        against the other for damages paid to a natural person, or that 
        natural person's estate, survivors, or subrogees, for injury or 
        death sustained by that natural person as a result of 
        activities connected to the International Space Station 
        Program.
    (c) Safety Oversight and Review Required.--In the exercise of the 
authority provided in subsection (a), and consistent with relevant 
agreements with cooperating parties in the International Space Station 
Program, the Administrator shall establish overall safety requirements 
and plans and shall conduct overall integrated system safety reviews 
for International Space Station elements and payloads, and may 
undertake any and all authorized steps (including, but not limited to, 
removal from launch manifest) to ensure, to the maximum extent 
possible, that such elements and payloads pose no safety risks for the 
International Space Station.
    (d) Definitions.--In this section:
            (1) Cooperating party.--The term ``cooperating party'' 
        means any person who enters into an agreement or contract with 
        the Administration for the performance or support of 
        scientific, aeronautical, or space activities in furtherance of 
        the International Space Station Program.
            (2) Related entity.--The term ``related entity'' includes 
        contractors or subcontractors at any tier, suppliers, grantees, 
        and investigators or detailees.
            (3) Common terms.--Any term used in this section that is 
        defined in the National Aeronautics and Space Act of 1958 (42 
        U.S.C. 2451 et seq.) has the same meaning in this section as 
        when it is used in that Act.
    (e) Effect on Previous Waivers.--Subsection (a) applies to any 
waiver of claims entered into by the Administrator without regard to 
whether it was entered into before, on, or after the date of enactment 
of this Act.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. 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);
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively; and
            (3) in subsection (g), as 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''.
    (c) Disclosure of Technical Data.--Section 303 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2454) is amended by adding 
at the end the following new subsection:
    ``(c) The Administrator may delay for a period not to exceed 5 
years after development, the unrestricted public disclosure of 
technical data that would have been a trade secret or commercial or 
financial information that is privileged or confidential under the 
meaning of section 552(b)(4) of title 5, United States Code, if the 
information had been obtained from a non-Federal party, in any case in 
which the technical data is generated in the performance of 
experimental, developmental, or research activities or programs 
conducted by, or funded in whole or in part by, the Administration. The 
technical data referred to in the preceding sentence shall not be 
subject to the disclosure requirements of section 552 of title 5, 
United States Code.''.

SEC. 302. USE OF EXISTING 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, 
taking into account the applicable requirements of Federal law relating 
to the use or disposal of excess or surplus property, including the 
Federal Property and Administrative Services Act of 1949, shall--
            (1) consider whether there is available to the 
        Administrator for use for meeting those requirements--
                    (A) any military installation that is closed or 
                being closed;
                    (B) any facility at an installation referred to in 
                subparagraph (A); or
                    (C) any other facility that the Administrator 
                determines to be--
                            (i) owned or leased by the United States 
                        for the use of another agency of the Federal 
                        Government; and
                            (ii) 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; and
            (2) in the case of an underutilized facility available in 
        part for use to meet those requirements, consider locating an 
        activity of the National Aeronautics and Space Administration 
        for which a facility is required at that underutilized facility 
        in such manner as to share the use of the facility with 1 or 
        more agencies of the Federal Government.
    (b) Addition or Expansion.--To the maximum extent feasible and 
cost-effective (and not inconsistent with the purposes of the Defense 
Base Closure and Realignment Act of 1990 (104 Stat. 1808 et seq.) and 
the amendments made by that Act), the Administrator shall meet the 
requirements of the National Aeronautics and Space Administration for 
additional or expanded facilities by using facilities that--
            (1) the Administrator considers, pursuant to subsection 
        (a), to be available to the Administrator for use to meet those 
        requirements; and
            (2) meet the management needs of the National Aeronautics 
        and Space Administration.
    (c) Underutilized Infrastructure.--The United States space launch 
industry has identified underutilized infrastructure at the Stennis 
Space Center for potential use in launch vehicle development 
activities. The proposed use of this infrastructure is compatible with 
the Center's propulsion test programs and consistent with other efforts 
to optimize taxpayer investments while fostering United States 
competitiveness and commercial use of space. The National Aeronautics 
and Space Administration is encouraged to pursue an appropriate method 
for making the underutilized Stennis Space Center infrastructure 
available under suitable terms and conditions, if so requested by 
industry, and to notify the United States Senate Committee on Commerce, 
Science, and Transportation and the United States House of 
Representatives Committee on Science if existing Administration 
authority is insufficient for this purpose.

SEC. 303. 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. 304. NOTICE.

    (a) Notice of Reprogramming.--If any funds appropriated pursuant to 
the amendments made by this Act are subject to a reprogramming action 
that requires notice to be provided to the Committees on Appropriations 
of the Senate and the House of Representatives, notice of that action 
shall concurrently be provided to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science of the 
House of Representatives.
    (b) Notice of Reorganization.--Not later than 30 days before any 
major reorganization involving the reassignment of more than 25 percent 
of the employees of any program, project, or activity of the National 
Aeronautics and Space Administration, the Administrator shall provide 
notice to the Committees on Commerce, Science, and Transportation and 
Appropriations of the Senate and the Committees on Science and 
Appropriations of the House of Representatives.

SEC. 305. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.

    With the year 2000 rapidly approaching, it is the sense of Congress 
that the Administrator should--
            (1) give high priority to correcting all 2-digit date-
        related problems in the computer systems of the National 
        Aeronautics and Space Administration to ensure that those 
        systems continue to operate effectively in the year 2000 and in 
        subsequent years;
            (2) as soon as practicable after the date of enactment of 
        this Act, assess the extent of the risk to the operations of 
        the National Aeronautics and Space Administration posed by the 
        problems referred to in paragraph (1), and plan and budget for 
        achieving compliance for all of the mission-critical systems of 
        the system by the year 2000; and
            (3) develop contingency plans for those systems that the 
        National Aeronautics and Space Administration is unable to 
        correct by the year 2000.

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

    The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511 et seq.) is 
amended--
            (1) in section 101 by striking ``transsonic and 
        supersonic'' and inserting ``transsonic, supersonic, and 
        hypersonic''; and
            (2) in section 103--
                    (A) in subsection (a)--
                            (i) by striking ``laboratories'' and 
                        inserting ``laboratories and centers''; and
                            (ii) by striking ``supersonic'' and 
                        inserting ``transsonic, supersonic, and 
                        hypersonic''; and
                    (B) in subsection (c), by striking ``laboratory'' 
                and inserting ``facility''.

SEC. 307. 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. 308. AUTHORITY TO VEST TITLE.

    Title III of the National Aeronautics and Space Act of 1958 (72 
Stat. 432 et seq.) is amended by adding at the end the following:

``authority to vest title to tangible personal property for research or 
                         technology development

    ``Sec. 313. Notwithstanding any other provision of law, the 
Administrator may vest title in tangible property (as that term is 
defined by the Administrator) in any participant that enters into a 
cooperative agreement with the Administrator if--
            ``(1) the primary purpose of the participant is to conduct 
        scientific research or technology development;
            ``(2) the property is acquired with amounts provided under 
        a cooperative agreement between the participant and the 
        Administrator to conduct scientific research or technology 
        development;
            ``(3) the Administrator determines that vesting the title 
        to the property in the participant furthers the objectives of 
        the National Aeronautics and Space Administration; and
            ``(4) the vesting of the title in the participant is made--
                    ``(A) on the condition that the United States 
                Government will not incur any further obligation; and
                    ``(B) subject to any other condition that the 
                Administrator considers to be appropriate.''.

SEC. 309. NASA MID-RANGE PROCUREMENT TEST PROGRAM.

    Section 5062 of the Federal Acquisition Streamlining Act of 1994 
(42 U.S.C. 2473 nt) is amended--
            (1) in subsection (a), by inserting after the first 
        sentence the following: ``In addition to providing any other 
        notice of any acquisition under the test conducted under this 
        section, the Administrator shall publish a notice of that 
        acquisition in, or make such a notice available through, the 
        automated version of the Commerce Business Daily published by 
        the Secretary of Commerce.'';
            (2) in subsection (b), by striking ``an estimated annual 
        total obligation of funds of $500,000 or less'' and inserting 
        ``a basic value (as that term is defined by the 
        Administrator)--
            ``(1) of $2,000,000 or less; or
            ``(2) if options to purchase are involved, of $10,000,000 
        or less.'';
            (3) in subsection (c), by striking ``$100,000,000'' and 
        inserting ``$500,000,000''; and
            (4) in subsection (f), by striking ``4 years'' and 
        inserting ``6 years''.

SEC. 310. 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 on or after the date of enactment of the 
National Aeronautics and Space Administration Authorization Act for 
Fiscal Year 2000.
    ``(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. 311. AUTHORITY TO LICENSE NASA-DEVELOPED SOFTWARE.

    Section 305 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2457) is amended by adding at the end thereof the following:
    ``(m) Authority to License NASA-Developed Software.--
Notwithstanding section 105 of title 17, United States Code, the 
Administrator may assert copyright in computer software authored by a 
United States Government employee when such software is created while 
participating with a non-Federal party under an agreement entered into 
under section 203(c)(5) and (c)(6) of this Act. The Administrator may 
grant, to the non-Federal participating party, for royalties or other 
consideration, licenses or assignments on computer software copyrighted 
pursuant to this subsection and may retain and share such royalties or 
other consideration consistent with section 14 of the Stevenson-Wydler 
Technology innovation Act of 1980 (15 U.S.C. 3710c).''.

SEC. 312. CARBON CYCLE REMOTE SENSING TECHNOLOGY.

    (a) Carbon Cycle Remote Sensing Technology Program.--
            (1) In general.--The Administrator of the National 
        Aeronautics and Space Administration shall develop a carbon 
        cycle remote sensing technology program--
                    (A) to provide, on a near-continual basis, a real-
                time and comprehensive view of vegetation conditions; 
                and
                    (B) to assess and model agricultural carbon 
                sequestration.
            (2) Use of centers.--The Administrator of the National 
        Aeronautics and Space Administration shall use regional earth 
        science application centers to conduct 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 systems for the remote sensing of soil 
                carbon; and
                    (D) regional-scale carbon sequestration estimation.
    (b) Regional Earth Science Application Center.--
            (1) In general.--The Administrator of the National 
        Aeronautics and Space Administration, may, at the sole 
        discretion of the Administrator based on maximizing the use of 
        public funds, carry out this section through the Regional Earth 
        Science Application Center located at the University of Kansas 
        (referred to in this section as the ``Center''), if the Center 
        enters into a partnership with a land-grant college or 
        university.
            (2) Duties of center.--The Center shall serve as a research 
        facility and clearinghouse for satellite data, software, 
        research, and related information with respect to remote 
        sensing research conducted under this section.
            (3) Use of center.--The Administrator of the National 
        Aeronautics and Space Administration may use the Center for 
        carrying out remote sensing research relating to agricultural 
        best practices.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal years 2000 
through 2002.

SEC. 313. INDEMNIFICATION AND INSURANCE.

    Section 431(d)(5) of the Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 1999 (42 U.S.C. 2458b nt) is amended by striking ``before the date 
of enactment of this Act.'' and inserting ``before July 31, 1999.''.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                               H. R. 1654

_______________________________________________________________________

                               AMENDMENT

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HR 1654 EAS----3
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HR 1654 EAS----5