[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1654 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1654

  To authorize appropriations for the National Aeronautics and Space 
  Administration for fiscal years 2000, 2001, and 2002, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 1999

 Mr. Rohrabacher introduced the following bill; which was referred to 
                        the Committee on Science

_______________________________________________________________________

                                 A BILL


 
  To authorize appropriations for the National Aeronautics and Space 
  Administration for fiscal years 2000, 2001, and 2002, and for other 
                               purposes.

    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 1999''.
    (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. Total authorization.
Sec. 107. Aviation systems capacity.
             Subtitle B--Limitations and Special Authority

Sec. 121. Use of funds for construction.
Sec. 122. Availability of appropriated amounts.
Sec. 123. Reprogramming for construction of facilities.
Sec. 124. Limitation on obligation of unauthorized appropriations.
Sec. 125. Use of funds for scientific consultations or extraordinary 
                            expenses.
Sec. 126. Earth science limitation.
Sec. 127. Competitiveness and international cooperation.
Sec. 128. Trans-hab.
Sec. 129. Consolidated Space Operations Contract.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Requirement for independent cost analysis.
Sec. 202. National Aeronautics and Space Act of 1958 amendments.
Sec. 203. Commercial space goods and services.
Sec. 204. Cost effectiveness calculations.
Sec. 205. Foreign contract limitation.
Sec. 206. Authority to reduce or suspend contract payments based on 
                            substantial evidence of fraud.
Sec. 207. Space Shuttle upgrade study.
Sec. 208. Aero-space transportation technology integration.
Sec. 209. Definitions of commercial space policy terms.
Sec. 210. External tank opportunities study.
Sec. 211. Eligibility for awards.
Sec. 212. Notice.
Sec. 213. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 214. Innovative technologies for human space flight.

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.
            (2) The National Aeronautics and Space Administration must 
        continue on its current course of returning to its proud 
        history as the Nation's leader in basic scientific, air, and 
        space research.
            (3) The overwhelming preponderance of the Federal 
        Government's requirements for routine, unmanned space 
        transportation can be met most effectively, efficiently, and 
        economically by a free and competitive market in privately 
        developed and operated space transportation services.
            (4) In formulating a national space transportation service 
        policy, the National Aeronautics and Space Administration 
        should aggressively promote the pursuit by commercial providers 
        of development of advanced space transportation technologies 
        including reusable space vehicles, and human space systems.
            (5) The Federal Government should invest in the types of 
        research and innovative technology in which United States 
        commercial providers do not invest, while avoiding competition 
        with the activities in which United States commercial providers 
        do invest.
            (6) International cooperation in space exploration and 
        science activities 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 can cooperate more effectively in 
        leveraging their mutual capabilities to conduct joint space 
        missions that improve United States space capabilities and 
        reduce the cost of conducting space missions.
            (8) 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.
            (9) 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.

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, primary control of which is held by persons other 
        than Federal, State, local, and foreign governments;
            (3) 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));
            (4) the term ``State'' means each of the several States of 
        the Union, 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
            (5) 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. INTERNATIONAL SPACE STATION.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for International Space Station--
            (1) for fiscal year 2000, $2,482,700,000, of which 
        $394,400,000, notwithstanding section 121(a)--
                    (A) shall only be for Space Station research or for 
                the purposes described in section 103(2); and
                    (B) shall be administered by the Office of Life and 
                Microgravity Sciences and Applications;
            (2) for fiscal year 2001, $2,328,000,000, of which 
        $465,400,000, notwithstanding section 121(a)--
                    (A) shall only be for Space Station research or for 
                the purposes described in section 103(2); and
                    (B) shall be administered by the Office of Life and 
                Microgravity Sciences and Applications; and
            (3) for fiscal year 2002, $2,091,000,000, of which 
        $469,200,000, notwithstanding section 121(a)--
                    (A) shall only be for Space Station research or for 
                the purposes described in section 103(2); and
                    (B) shall be administered by the Office of Life and 
                Microgravity Sciences and Applications.

SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Launch Vehicle and Payload Operations the 
following amounts:
            (1) For Space Shuttle Operations--
                    (A) for fiscal year 2000, $2,547,400,000;
                    (B) for fiscal year 2001, $2,649,900,000; and
                    (C) for fiscal year 2002, $2,629,000,000.
            (2) For Space Shuttle Safety and Performance Upgrades--
                    (A) for fiscal year 2000, $456,800,000, of which 
                $18,000,000 shall not be obligated until 45 days after 
                the report required by section 207 has been submitted 
                to the Congress;
                    (B) for fiscal year 2001, $407,200,000; and
                    (C) for fiscal year 2002, $414,000,000.
            (3) For Payload and Utilization Operations--
                    (A) for fiscal year 2000, $169,100,000;
                    (B) for fiscal year 2001, $182,900,000; and
                    (C) for fiscal year 2002, $184,500,000.

SEC. 103. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Science, Aeronautics, and Technology the 
following amounts:
            (1) For Space Science--
                    (A) for fiscal year 2000, $2,202,400,000, of 
                which--
                            (i) $10,500,000 shall be for the Near Earth 
                        Object Survey;
                            (ii) $472,000,000 shall be for the Research 
                        Program;
                            (iii) $12,000,000 shall be for Space Solar 
                        Power technology; and
                            (iv) $170,400,000 shall be for Hubble Space 
                        Telescope (Development);
                    (B) for fiscal year 2001, $2,315,200,000, of 
                which--
                            (i) $10,500,000 shall be for the Near Earth 
                        Object Survey;
                            (ii) $475,800,000 shall be for the Research 
                        Program; and
                            (iii) $12,000,000 shall be for Space Solar 
                        Power technology; and
                    (C) for fiscal year 2002, $2,411,800,000, of 
                which--
                            (i) $10,500,000 shall be for the Near Earth 
                        Object Survey;
                            (ii) $511,100,000 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 2000, $301,000,000, of which 
                $2,000,000 shall be for research and early detection 
                systems for breast and ovarian cancer and other women's 
                health issues, and $5,000,000 shall be for sounding 
                rocket vouchers;
                    (B) 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; and
                    (C) 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.
            (3) For Earth Science, subject to the limitations set forth 
        in section 126--
                    (A) for fiscal year 2000, $1,415,100,000;
                    (B) for fiscal year 2001, $1,413,300,000; and
                    (C) for fiscal year 2002, $1,365,300,000.
            (4) For Aero-Space Technology--
                    (A) for fiscal year 2000, $999,300,000, of which--
                            (i) $532,800,000 shall be for Aeronautical 
                        Research and Technology, with no funds to be 
                        used for the Ultra-Efficient Engine, and with 
                        $475,800,000 to be for the Research and 
                        Technology Base;
                            (ii) $334,000,000 shall be for Advanced 
                        Space Transportation Technology, including--
                                    (I) $61,300,000 for the Future-X 
                                Demonstration Program; and
                                    (II) $105,600,000 for Advanced 
                                Space Transportation Program; and
                            (iii) $132,500,000 shall be for Commercial 
                        Technology;
                    (B) for fiscal year 2001, $908,400,000, of which--
                            (i) $524,000,000 shall be for Aeronautical 
                        Research and Technology, with no funds to be 
                        used for the Ultra-Efficient Engine, and with 
                        $484,000,000 to be for the Research and 
                        Technology Base, and with $54,200,000 to be for 
                        Aviation System Capacity;
                            (ii) $249,400,000 shall be for Advanced 
                        Space Transportation Technology, including--
                                    (I) $109,000,000 for the Future-X 
                                Demonstration Program; and
                                    (II) $134,400,000 for Advanced 
                                Space Transportation Program; and
                            (iii) $135,000,000 shall be for Commercial 
                        Technology; and
                    (C) for fiscal year 2002, $994,800,000, of which--
                            (i) $519,200,000 shall be for Aeronautical 
                        Research and Technology, with no funds to be 
                        used for the Ultra-Efficient Engine, and with 
                        $466,900,000 to be for the Research and 
                        Technology Base, and with $67,600,000 to be for 
                        Aviation System Capacity;
                            (ii) $340,000,000 shall be for Advanced 
                        Space Transportation Technology; and
                            (iii) $135,600,000 shall be for Commercial 
                        Technology.
            (5) For Mission Communication Services--
                    (A) for fiscal year 2000, $406,300,000;
                    (B) for fiscal year 2001, $382,100,000; and
                    (C) for fiscal year 2002, $296,600,000.
            (6) For Academic Programs--
                    (A) for fiscal year 2000, $128,600,000, of which 
                $11,600,000 shall be for Higher Education within the 
                Teacher/Faculty Preparation and Enhancement Programs;
                    (B) for fiscal year 2001, $128,600,000; and
                    (C) for fiscal year 2002, $130,600,000.
            (7) For Future Planning (Space Launch)--
                    (A) for fiscal year 2001, $144,000,000; and
                    (B) for fiscal year 2002, $280,000,000.

SEC. 104. MISSION SUPPORT.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Mission Support the following amounts:
            (1) For Safety, Reliability, and Quality Assurance--
                    (A) for fiscal year 2000, $43,000,000;
                    (B) for fiscal year 2001, $45,000,000; and
                    (C) for fiscal year 2002, $49,000,000.
            (2) For Space Communication Services--
                    (A) for fiscal year 2000, $89,700,000;
                    (B) for fiscal year 2001, $109,300,000; and
                    (C) for fiscal year 2002, $174,200,000.
            (3) For Construction of Facilities, including land 
        acquisition--
                    (A) for fiscal year 2000, $181,000,000, including--
                            (i) Restore Electrical Distribution System 
                        (ARC), $2,700,000;
                            (ii) Rehabilitate Main Hangar Building 4802 
                        (Dryden Flight Research Center (DFRC)), 
                        $2,900,000;
                            (iii) Rehabilitate High Voltage System 
                        (Glenn Research Center), $7,600,000;
                            (iv) Repair Site Steam Distribution System 
                        (GSFC), $2,900,000;
                            (v) Restore Chilled Water Distribution 
                        System (GSFC), $3,900,000;
                            (vi) Rehabilitate Hydrostatic Bearing 
                        Runner, 70 meter Antenna, Goldstone (JPL), 
                        $1,700,000;
                            (vii) Upgrade 70 meter Antenna Servo Drive, 
                        70 meter Antenna Subnet (JPL), $3,400,000;
                            (viii) Rehabilitate Utility Tunnel 
                        Structure and Systems (Johnson Space Center 
                        (JSC)), $5,600,000;
                            (ix) Connect KSC to CCAS Wastewater 
                        Treatment Plant (KSC), $2,500,000;
                            (x) Repair and Modernize HVAC System, 
                        Central Instrument Facility (KSC), $3,000,000;
                            (xi) Replace High Voltage Load Break 
                        Switches (KSC), $2,700,000;
                            (xii) Repair and Modernize HVAC and 
                        Electrical systems, Building 4201 (Marshall 
                        Space Flight Center (MSFC)), $2,300,000;
                            (xiii) Repair Roofs, Vehicle Component 
                        Supply buildings (MAF), $2,000,000;
                            (xiv) Minor Revitalization of Facilities at 
                        Various Locations, not in excess of $1,500,000 
                        per project, $65,500,000;
                            (xv) Minor Construction of New Facilities 
                        and Additions to Existing Facilities at Various 
                        Locations, not in excess of $1,500,000 per 
                        project, $5,000,000;
                            (xvi) Facility Planning and Design, 
                        $19,200,000;
                            (xvii) Deferred Major Maintenance, 
                        $8,000,000;
                            (xviii) Environmental Compliance and 
                        Restoration, $40,100,000;
                    (B) for fiscal year 2001, $181,000,000; and
                    (C) for fiscal year 2002, $191,000,000.
            (4) For Research and Program Management, including 
        personnel and related costs, travel, and research operations 
        support--
                    (A) for fiscal year 2000, $2,181,200,000;
                    (B) for fiscal year 2001, $2,195,000,000; and
                    (C) for fiscal year 2002, $2,261,600,000.

SEC. 105. INSPECTOR GENERAL.

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

SEC. 106. 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 2000, $13,625,600,000;
            (2) for fiscal year 2001, $13,747,100,000; and
            (3) for fiscal year 2002, $13,839,400,000.

SEC. 107. AVIATION SYSTEMS CAPACITY.

    In addition to amounts otherwise authorized, there are authorized 
to be appropriated to the Administrator of the Federal Aviation 
Administration $5,000,000 for fiscal year 2001 for aviation systems 
capacity.

             Subtitle B--Limitations and Special Authority

SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds appropriated under sections 101, 102, 
103, and 104(1) and (2), and funds appropriated for research operations 
support under section 104(4), may be used for the construction of new 
facilities and additions to, repair of, rehabilitation of, or 
modification of existing facilities at any location in support of the 
purposes for which such funds are authorized.
    (b) Limitation.--No funds may be expended pursuant to subsection 
(a) for a project, the estimated cost of which to the National 
Aeronautics and Space Administration, including collateral equipment, 
exceeds $1,000,000, until 30 days have passed after the Administrator 
has notified the Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate of the nature, location, and estimated cost to the National 
Aeronautics and Space Administration of such project.
    (c) Title to Facilities.--If funds are used pursuant to subsection 
(a) for grants to institutions of higher education, or to nonprofit 
organizations whose primary purpose is the conduct of scientific 
research, for purchase or construction of additional research 
facilities, title to such facilities shall be vested in the United 
States unless the Administrator determines that the national program of 
aeronautical and space activities will best be served by vesting title 
in the grantee institution or organization. Each such grant shall be 
made under such conditions as the Administrator shall determine to be 
required to ensure that the United States will receive therefrom 
benefits adequate to justify the making of that 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 104(3)--
            (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 104(3) shall not be increased as a result of 
actions authorized under paragraphs (1) and (2) of this subsection.
    (b) Special Rule.--Where the Administrator determines that new 
developments in the national program of aeronautical and space 
activities have occurred; and that such developments require the use of 
additional funds for the purposes of construction, expansion, or 
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 104(3) 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. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.

    (a) Reports to Congress.--
            (1) Requirement.--Not later than--
                    (A) 30 days after the later of the date of the 
                enactment of an Act making appropriations to the 
                National Aeronautics and Space Administration for 
                fiscal year 2000 and the date of the enactment of this 
                Act; and
                    (B) 30 days after the date of the enactment of an 
                Act making appropriations to the National Aeronautics 
                and Space Administration for fiscal year 2001 or 2002,
        the Administrator shall submit a report to Congress and to the 
        Comptroller General.
            (2) Contents.--The reports required by paragraph (1) shall 
        specify--
                    (A) the portion of such appropriations which are 
                for programs, projects, or activities not authorized 
                under subtitle A of this title, or which are in excess 
                of amounts authorized for the relevant program, 
                project, or activity under this Act; and
                    (B) the portion of such appropriations which are 
                authorized under this Act.
    (b) Federal Register Notice.--The Administrator shall, coincident 
with the submission of each report required by subsection (a), publish 
in the Federal Register a notice of all programs, projects, or 
activities for which funds are appropriated but which were not 
authorized under this Act, and solicit public comment thereon regarding 
the impact of such programs, projects, or activities on the conduct and 
effectiveness of the national aeronautics and space program.
    (c) Limitation.--Notwithstanding any other provision of law, no 
funds may be obligated for any programs, projects, or activities of the 
National Aeronautics and Space Administration for fiscal year 2000, 
2001, or 2002 not authorized under this Act until 30 days have passed 
after the close of the public comment period contained in a notice 
required by subsection (b).

SEC. 125. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY 
              EXPENSES.

    Not more than $30,000 of the funds appropriated under section 103 
may be used for scientific consultations or extraordinary expenses, 
upon the authority of the Administrator.

SEC. 126. EARTH SCIENCE LIMITATION.

    Of the funds authorized to be appropriated for Earth Science under 
section 103(3) for each of fiscal years 2001 and 2002, $50,000,000 
shall be for the Commercial Remote Sensing Program at Stennis Space 
Center 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. 127. COMPETITIVENESS AND INTERNATIONAL COOPERATION.

    (a) Limitation.--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.
    (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. 128. TRANS-HAB.

    (a) Replacement Structure.--No funds authorized by this Act shall 
be obligated for the definition, design, or development of an 
inflatable space structure to replace any International Space Station 
components scheduled for launch in the Assembly Sequence released by 
the National Aeronautics and Space Administration on February 22, 1999.
    (b) General Limitation.--No funds authorized by this Act for fiscal 
year 2000 shall be obligated for the definition, design, or development 
of an inflatable space structure capable of accommodating humans in 
space.

SEC. 129. 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--MISCELLANEOUS PROVISIONS

SEC. 201. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

    Before any funds may be obligated for Phase B of a project that is 
projected to cost more than $100,000,000 in total project costs, the 
Chief Financial Officer for the National Aeronautics and Space 
Administration shall conduct an independent 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.

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

    (a) Declaration of Policy and Purpose.--Section 102 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended--
            (1) by striking subsection (f) and redesignating 
        subsections (g) and (h) as subsections (f) and (g), 
        respectively; and
            (2) in subsection (g), as so redesignated by paragraph (1) 
        of this subsection, by striking ``(f), and (g)'' and inserting 
        in lieu thereof ``and (f)''.
    (b) Reports to the Congress.--Section 206(a) of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is amended--
            (1) by striking ``January'' and inserting in lieu thereof 
        ``May''; and
            (2) by striking ``calendar'' and inserting in lieu thereof 
        ``fiscal''.

SEC. 203. COMMERCIAL SPACE GOODS AND SERVICES.

    The National Aeronautics and Space Administration shall purchase 
commercially available space goods and services to the fullest extent 
feasible, and shall not conduct activities 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 United States commercial provider, or 
if it could be supplied by a United States 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. 204. COST EFFECTIVENESS CALCULATIONS.

    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. 205. 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. 206. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS BASED ON 
              SUBSTANTIAL EVIDENCE OF FRAUD.

    Section 2307(i)(8) of title 10, United States Code, is amended by 
striking ``and (4)'' and inserting in lieu thereof ``(4), and (6)''.

SEC. 207. 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 Phase III and Phase IV Space Shuttle upgrades.
    (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. 208. 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. 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. 209. DEFINITIONS OF COMMERCIAL SPACE POLICY TERMS.

    The Administrator shall ensure that the usage of terminology in 
National Aeronautics and Space Administration policies and programs is 
consistent with the following definitions:
            (1) The term ``commercialization'' means the process of 
        private entities conducting privatized space activities to 
        expand their customer base beyond the Federal Government to 
        address existing or potential commercial markets, investing 
        private resources to meet those commercial market requirements.
            (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 by a service contractor or other private entity of the 
        capability of Federal assets 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; or
                    (B) control and responsibility for space-related 
                functions,
        from the Federal Government to the private sector.

SEC. 210. 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 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. 211. ELIGIBILITY FOR AWARDS.

    (a) In General.--The Administrator shall exclude from consideration 
for grant agreements made by the National Aeronautics and Space 
Administration after fiscal year 1999 any person who received funds, 
other than those described in subsection (b), appropriated for a fiscal 
year after fiscal year 1999, under a grant agreement from any Federal 
funding source for a project that was not subjected to a competitive, 
merit-based award process, except as specifically authorized by this 
Act. Any exclusion from consideration pursuant to this section shall be 
effective for a period of 5 years after the person receives such 
Federal funds.
    (b) Exception.--Subsection (a) shall not apply to the receipt of 
Federal funds by a person due to the membership of that person in a 
class specified by law for which assistance is awarded to members of 
the class according to a formula provided by law.
    (c) Definition.--For purposes of this section, the term ``grant 
agreement'' means a legal instrument whose principal purpose is to 
transfer a thing of value to the recipient to carry out a public 
purpose of support or stimulation authorized by a law of the United 
States, and does not include the acquisition (by purchase, lease, or 
barter) of property or services for the direct benefit or use of the 
United States Government. Such term does not include a cooperative 
agreement (as such term is used in section 6305 of title 31, United 
States Code) or a cooperative research and development agreement (as 
such term is defined in section 12(d)(1) of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).

SEC. 212. 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 15 days 
before any major reorganization of any program, project, or activity of 
the National Aeronautics and Space Administration.

SEC. 213. 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 in lieu thereof ``transsonic, 
        supersonic, and hypersonic''; and
            (2) in section 103 (50 U.S.C. 513)--
                    (A) by striking ``laboratories'' in subsection (a) 
                and inserting in lieu thereof ``laboratories and 
                centers'';
                    (B) by striking ``supersonic'' in subsection (a) 
                and inserting in lieu thereof ``transsonic, supersonic, 
                and hypersonic''; and
                    (C) by striking ``laboratory'' in subsection (c) 
                and inserting in lieu thereof ``facility''.

SEC. 214. 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 
Commercialization/Technology program of ground-based and space-based 
research and development in innovative technologies.
    (b) Awards.--At least 75 percent of the amount appropriated for the 
program established under subsection (a) 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 include as part of the National 
Aeronautics and Space Administration's budget request to the Congress 
for fiscal year 2001 a plan for the implementation of the program 
established under subsection (a).
                                 <all>