[Congressional Record Volume 146, Number 106 (Tuesday, September 12, 2000)]
[House]
[Pages H7404-H7413]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONFERENCE REPORT ON H.R. 1654, NATIONAL AERONAUTICS AND SPACE 
                ADMINISTRATION AUTHORIZATION ACT OF 2000

  Mr. SENSENBRENNER submitted the following conference and statement on 
the bill (H.R. 1654) to authorize appropriations for the National 
Aeronautics and Space Administration for the fiscal years 2000, 2001, 
and 2002.

                  Conference Report (H. Rept. 106-843)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1654), to authorize appropriations for the National 
     Aeronautics and Space Administration for fiscal years 2000, 
     2001, and 2002, and for other purposes, having met, after 
     full and free conference, have agreed to recommend and do 
     recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

Sec. 101. Human space flight.
Sec. 102. Science, aeronautics, and technology.
Sec. 103. Mission support.
Sec. 104. Inspector general.
Sec. 105. Total authorization.

             Subtitle B--Limitations and Special Authority

Sec. 121. Use of funds for construction.
Sec. 122. Availability of appropriated amounts.
Sec. 123. Reprogramming for construction of facilities.
Sec. 124. Use of funds for scientific consultations or extraordinary 
              expenses.
Sec. 125. Earth science limitation.
Sec. 126. Competitiveness and international cooperation.
Sec. 127. Trans-Hab.
Sec. 128. Consolidated space operations contract.

                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station contingency plan.
Sec. 202. Cost limitation for the International Space Station.
Sec. 203. Research on International Space Station.
Sec. 204. Space station commercial development demonstration program.
Sec. 205. Space station.

                        TITLE III--MISCELLANEOUS

Sec. 301. Requirement for independent cost analysis.
Sec. 302. National Aeronautics and Space Act of 1958 amendments.

[[Page H7405]]

Sec. 303. Commercial space goods and services.
Sec. 304. Cost effectiveness calculations.
Sec. 305. Foreign contract limitation.
Sec. 306. Authority to reduce or suspend contract payments based on 
              substantial evidence of fraud.
Sec. 307. Space shuttle upgrade study.
Sec. 308. Aero-space transportation technology integration.
Sec. 309. Definitions of commercial space policy terms.
Sec. 310. External tank opportunities study.
Sec. 311. Notice.
Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 313. Innovative technologies for human space flight.
Sec. 314. Life in the universe.
Sec. 315. Carbon cycle remote sensing applications research.
Sec. 316. Remote sensing for agricultural and resource management.
Sec. 317. 100th Anniversary of Flight educational initiative.
Sec. 318. Internet availability of information.
Sec. 319. Sense of the Congress; requirement regarding notice.
Sec. 320. Anti-drug message on Internet sites.
Sec. 321. Enhancement of science and mathematics programs.
Sec. 322. Space advertising.
Sec. 323. Aeronautical research.
Sec. 324. Insurance, indemnification and cross-waivers.
Sec. 325. Use of abandoned, underutilized, and excess buildings, 
              grounds, and facilities.

     SEC. 2. FINDINGS.

       The Congress makes the following findings:
       (1) The National Aeronautics and Space Administration 
     should continue to pursue actions and reforms directed at 
     reducing institutional costs, including management 
     restructuring, facility consolidation, procurement reform, 
     and convergence with defense and commercial sector systems, 
     while sustaining safety standards for personnel and hardware.
       (2) The United States is on the verge of creating and using 
     new technologies in microsatellites, information processing, 
     and space transportation that could radically alter the 
     manner in which the Federal Government approaches its 
     space mission.
       (3) The overwhelming preponderance of the Federal 
     Government's requirements for routine, unmanned space 
     transportation can be met most effectively, efficiently, and 
     economically by a free and competitive market in privately 
     developed and operated space transportation services.
       (4) In formulating a national space transportation service 
     policy, the National Aeronautics and Space Administration 
     should aggressively promote the pursuit by commercial 
     providers of development of advanced space transportation 
     technologies including reusable space vehicles and human 
     space systems.
       (5) The Federal Government should invest in the types of 
     research and innovative technology in which United States 
     commercial providers do not invest, while avoiding 
     competition with the activities in which United States 
     commercial providers do invest.
       (6) International cooperation in space exploration and 
     science activities most effectively serves the United States 
     national interest--
       (A) when it--
       (i) reduces the cost of undertaking missions the United 
     States Government would pursue unilaterally;
       (ii) enables the United States to pursue missions that it 
     could not otherwise afford to pursue unilaterally; or
       (iii) enhances United States capabilities to use and 
     develop space for the benefit of United States citizens; and
       (B) when it--
       (i) is undertaken in a manner that is sensitive to the 
     desire of United States commercial providers to develop or 
     explore space commercially;
       (ii) is consistent with the need for Federal agencies to 
     use space to complete their missions; and
       (iii) is carried out in a manner consistent with United 
     States export control laws.
       (7) The National Aeronautics and Space Administration and 
     the Department of Defense should cooperate more effectively 
     in leveraging the mutual capabilities of these agencies to 
     conduct joint aeronautics and space missions that not only 
     improve United States aeronautics and space capabilities, but 
     also reduce the cost of conducting those missions.
       (8) The space shuttle will remain for the foreseeable 
     future the Nation's only means of safe and reliable crewed 
     access to space. As a result, the Congress is committed to 
     funding upgrades designed to improve the shuttle's safety and 
     reliability. The National Aeronautics and Space 
     Administration should continue to provide appropriate levels 
     of funding in its annual budget requests to meet the schedule 
     for completing the high-priority upgrades in a timely manner.
       (9) The Deep Space Network will continue to be a critically 
     important part of the Nation's scientific and exploration 
     infrastructure in the coming decades, and the National 
     Aeronautics and Space Administration should ensure that the 
     Network is adequately maintained and that upgrades required 
     to support future missions are undertaken in a timely manner.
       (10) The Hubble Space Telescope has proven to be an 
     important national astronomical research facility that is 
     revolutionizing our understanding of the universe and should 
     be kept productive, and its capabilities should be maintained 
     and enhanced as appropriate to serve as a scientific bridge 
     to the next generation of space-based observatories.
       (11) The National Aeronautics and Space Administration is 
     to be commended for its successful efforts to transfer mobile 
     robotics technologies to the United States industry through 
     its existing 5-year commitment to the National Robotics 
     Engineering Consortium (NREC). One of the attractive features 
     of this activity has been NREC's ability to attract private 
     sector matching funds for its government-sponsored projects. 
     The National Aeronautics and Space Administration should give 
     strong consideration to a continuation of its commitment to 
     NREC after the current agreement expires.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``Administrator'' means the Administrator of 
     the National Aeronautics and Space Administration;
       (2) the term ``commercial provider'' means any person 
     providing space transportation services or other space-
     related activities, the primary control of which is held by 
     persons other than a Federal, State, local, or foreign 
     government;
       (3) the term ``critical path'' means the sequence of events 
     of a schedule of events under which a delay in any event 
     causes a delay in the overall schedule;
       (4) the term ``grant agreement'' has the meaning given that 
     term in section 6302(2) of title 31, United States Code;
       (5) the term ``institution of higher education'' has the 
     meaning given such term in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001);
       (6) the term ``State'' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any other 
     commonwealth, territory, or possession of the United States; 
     and
       (7) the term ``United States commercial provider'' means a 
     commercial provider, organized under the laws of the United 
     States or of a State, which is--
       (A) more than 50 percent owned by United States nationals; 
     or
       (B) a subsidiary of a foreign company and the Secretary of 
     Commerce finds that--
       (i) such subsidiary has in the past evidenced a substantial 
     commitment to the United States market through--

       (I) investments in the United States in long-term research, 
     development, and manufacturing (including the manufacture of 
     major components and subassemblies); and

       (II) significant contributions to employment in the United 
     States; and

       (ii) the country or countries in which such foreign company 
     is incorporated or organized, and, if appropriate, in which 
     it principally conducts its business, affords reciprocal 
     treatment to companies described in subparagraph (A) 
     comparable to that afforded to such foreign company's 
     subsidiary in the United States, as evidenced by--

       (I) providing comparable opportunities for companies 
     described in subparagraph (A) to participate in Government 
     sponsored research and development similar to that authorized 
     under this Act;
       (II) providing no barriers to companies described in 
     subparagraph (A) with respect to local investment 
     opportunities that are not provided to foreign companies in 
     the United States; and
       (III) providing adequate and effective protection for the 
     intellectual property rights of companies described in 
     subparagraph (A).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

     SEC. 101. HUMAN SPACE FLIGHT.

       (a) Fiscal Year 2000.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for Human Space Flight for fiscal year 2000, 
     $5,487,900,000.
       (b) Fiscal Years 2001 and 2002.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for Human Space Flight for fiscal years 2001 
     and 2002 the following amounts:
       (1) For International Space Station--
       (A) for fiscal year 2001, $2,114,500,000 of which 
     $455,400,000, notwithstanding section 121(a)--
       (i) shall only be for Space Station research or for the 
     purposes described in section 102(b)(2); and
       (ii) shall be administered by the Office of Life and 
     Microgravity Sciences and Applications; and
       (B) for fiscal year 2002, $1,858,500,000, of which 
     $451,600,000, notwithstanding section 121(a)--
       (i) shall only be for Space Station research or for the 
     purposes described in section 102(b)(2); and
       (ii) shall be administered by the Office of Life and 
     Microgravity Sciences and Applications.
       (2) For Space Shuttle--
       (A) for fiscal year 2001, $3,165,700,000, of which 
     $492,900,000 shall be for Safety and Performance Upgrades; 
     and
       (B) for fiscal year 2002, $3,307,800,000.
       (3) For Payload and ELV Support--
       (A) for fiscal year 2001, $90,200,000; and
       (B) for fiscal year 2002, $90,300,000.
       (4) For Investments and Support--
       (A) for fiscal year 2001, $129,500,000, of which 
     $20,000,000 shall be for Technology and Commercialization; 
     and
       (B) for fiscal year 2002, $131,000,000, of which 
     $20,000,000 shall be for Technology and Commercialization.

     SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

       (a) Fiscal Year 2000.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for Science, Aeronautics, and Technology 
     $5,580,900,000 for fiscal year 2000.
       (b) Fiscal Years 2001 and 2002.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for Science, Aeronautics, and Technology for 
     fiscal years 2001 and 2002 the following amounts:

[[Page H7406]]

       (1) For Space Science--
       (A) for fiscal year 2001, $2,417,800,000, of which--
       (i) $10,500,000 shall be for the Near Earth Object Survey;
       (ii) $523,601,000 shall be for the Research Program; and
       (iii) $12,000,000 shall be for Space Solar Power 
     technology; and
       (B) for fiscal year 2002, $2,630,400,000, of which--
       (i) $10,500,000 shall be for the Near Earth Object Survey;
       (ii) $566,700,000 shall be for the Research Program;
       (iii) $12,000,000 shall be for Space Solar Power 
     technology; and
       (iv) $5,000,000 shall be for Space Science Data Buy.
       (2) For Life and Microgravity Sciences and Applications--
       (A) for fiscal year 2001, $335,200,000, of which $2,000,000 
     shall be for research and early detection systems for breast 
     and ovarian cancer and other women's health issues, 
     $5,000,000 shall be for sounding rocket vouchers, $2,000,000 
     shall be made available for immediate clinical trials of 
     islet transplantation in patients with Type I diabetes 
     utilizing immunoisolation technologies derived from NASA 
     space flights, and $70,000,000 may be used for activities 
     associated with International Space Station research; and
       (B) for fiscal year 2002, $344,000,000, of which $2,000,000 
     shall be for research and early detection systems for breast 
     and ovarian cancer and other women's health issues, 
     appropriate funding shall be made available for continuing 
     clinical trials of islet transplantation in patients with 
     Type I diabetes utilizing immunoisolation technologies 
     derived from NASA space flights, and $80,800,000 may be used 
     for activities associated with International Space Station 
     research.
       (3) For Earth Science, subject to the limitations set forth 
     in section 125--
       (A) for fiscal year 2001, $1,430,800,000; and
       (B) for fiscal year 2002, $1,357,500,000.
       (4) For Aero-Space Technology--
       (A) for fiscal year 2001, $1,224,000,000, of which--
       (i) at least $36,000,000 shall be for Quiet Aircraft 
     Technology;
       (ii) at least $70,000,000 shall be for the Aviation Safety 
     program; and
       (iii) $50,000,000 shall be for ultra-efficient engine 
     technology; and
       (iv) $290,000,000 shall be for Second Generation RLV 
     Program; and
       (B) for fiscal year 2002, $1,574,900,000, of which--
       (i) at least $36,000,000 shall be for Quiet Aircraft 
     Technology;
       (ii) at least $70,000,000 shall be for the Aviation Safety 
     program; and
       (iii) $50,000,000 shall be for ultra-efficient engine 
     technology; and
       (iv) $610,000,000 shall be for Second Generation RLV 
     Program.
       (5) For Space Operations--
       (A) for fiscal year 2001, $529,400,000; and
       (B) for fiscal year 2002, $500,800,000.
       (6) For Academic Programs--
       (A) for fiscal year 2001, $141,300,000, of which--
       (i) $11,800,000 shall be for the Teacher/Faculty 
     Preparation and Enhancement Programs;
       (ii) $11,800,000 shall be for the program known as the 
     Experimental Program to Stimulate Competitive Research;
       (iii) $54,000,000 shall be for minority university research 
     and education (at institutions such as Hispanic-serving 
     institutions, Alaska Native serving institutions, Native 
     Hawaiian serving institutions, and tribally controlled 
     colleges and universities), including $35,900,000 for 
     Historically Black Colleges and Universities; and
       (iv) $28,000,000 shall be for space grant colleges 
     designated under section 208 of the National Space Grant 
     College and Fellowship Act; and
       (B) for fiscal year 2002, $141,300,000, of which--
       (i) $12,500,000 shall be for the Teacher/Faculty 
     Preparation and Enhancement Programs;
       (ii) $12,500,000 shall be for the program known as the 
     Experimental Program to Stimulate Competitive Research;
       (iii) $54,000,000 shall be for minority university research 
     and education (at institutions such as Hispanic-serving 
     institutions, Alaska Native serving institutions, Native 
     Hawaiian serving institutions, and tribally controlled 
     colleges and universities), including $35,900,000 for 
     Historically Black Colleges and Universities; and
       (iv) $28,000,000 shall be for space grant colleges 
     designated under section 208 of the National Space Grant 
     College and Fellowship Act.

     SEC. 103. MISSION SUPPORT.

       (a) Fiscal Year 2000.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for Mission Support for fiscal year 2000 
     $2,512,000,000.
       (b) Fiscal Years 2001 and 2002.--There are authorized to be 
     appropriated to the National Aeronautics and Space 
     Administration for Mission Support for fiscal years 2001 and 
     2002 the following amounts:
       (1) For Safety, Mission Assurance, Engineering, and 
     Advanced Concepts--
       (A) for fiscal year 2001, $47,500,000; and
       (B) for fiscal year 2002, $51,500,000.
       (2) For Construction of Facilities, including land 
     acquisition--
       (A) for fiscal year 2001, $245,900,000; and
       (B) for fiscal year 2002, $231,000,000.
       (3) For Research and Program Management, including 
     personnel and related costs, travel, and research operations 
     support--
       (A) for fiscal year 2001, $2,290,600,000; and
       (B) for fiscal year 2002, $2,383,700,000.

     SEC. 104. INSPECTOR GENERAL.

       There are authorized to be appropriated to the National 
     Aeronautics and Space Administration for Inspector General--
       (1) for fiscal year 2000, $20,000,000;
       (2) for fiscal year 2001, $22,000,000; and
       (3) for fiscal year 2002, $22,700,000.

     SEC. 105. TOTAL AUTHORIZATION.

       Notwithstanding any other provision of this title, the 
     total amount authorized to be appropriated to the National 
     Aeronautics and Space Administration under this Act shall not 
     exceed--
       (1) for fiscal year 2001, $14,184,400,000; and
       (2) for fiscal year 2002, $14,625,400,000.

             Subtitle B--Limitations and Special Authority

     SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

       (a) Authorized Uses.--Funds appropriated under sections 
     101, 102, and 103(b)(1) and funds appropriated for research 
     operations support under section 103(b)(3) may, at any 
     location in support of the purposes for which such funds are 
     appropriated, be used for--
       (1) the construction of new facilities; and
       (2) additions to, repair of, rehabilitation of, or 
     modification of existing facilities (in existence on the date 
     on which such funds are made available by appropriation).
       (b) Limitation.--
       (1) In general.--Until the date specified in paragraph (2), 
     no funds may be expended pursuant to subsection (a) for a 
     project, with respect to which the estimated cost to the 
     National Aeronautics and Space Administration, including 
     collateral equipment, exceeds $1,000,000.
       (2) Date.--The date specified in this paragraph is the date 
     that is 30 days after the Administrator notifies the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science of the House of 
     Representatives of the nature, location, and estimated cost 
     to the National Aeronautics and Space Administration of the 
     project referred to in paragraph (1).
       (c) Title to Facilities.--
       (1) In general.--If funds are used pursuant to subsection 
     (a) for grants for the purchase or construction of additional 
     research facilities to institutions of higher education, or 
     to nonprofit organizations whose primary purpose is the 
     conduct of scientific research, title to these facilities 
     shall be vested in the United States.
       (2) Exception.--If the Administrator determines that the 
     national program of aeronautical and space activities will 
     best be served by vesting title to a facility referred to in 
     paragraph (1) in an institution or organization referred to 
     in that paragraph, the title to that facility shall vest in 
     that institution or organization.
       (3) Condition.--Each grant referred to in paragraph (1) 
     shall be made under such conditions as the Administrator 
     determines to be necessary to ensure that the United States 
     will receive benefits from the grant that are adequate to 
     justify the making of the grant.

     SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

     SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

       (a) In General.--Appropriations authorized for construction 
     of facilities under section 103(b)(2)--
       (1) may be varied upward by 10 percent in the discretion of 
     the Administrator; or
       (2) may be varied upward by 25 percent, to meet unusual 
     cost variations, after the expiration of 15 days following a 
     report on the circumstances of such action by the 
     Administrator to the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
     The aggregate amount authorized to be appropriated for 
     construction of facilities under section 103(b)(2) shall not 
     be increased as a result of actions authorized under 
     paragraphs (1) and (2) of this subsection.
       (b) Special Rule.--Where the Administrator determines that 
     new developments in the national program of aeronautical and 
     space activities have occurred; and that such developments 
     require the use of additional funds for the purposes of 
     construction, expansion, or modification of facilities at any 
     location; and that deferral of such action until the 
     enactment of the next National Aeronautics and Space 
     Administration authorization Act would be inconsistent 
     with the interest of the Nation in aeronautical and space 
     activities, the Administrator may use up to $10,000,000 of 
     the amounts authorized under section 103(b)(2) for each 
     fiscal year for such purposes. No such funds may be 
     obligated until a period of 30 days has passed after the 
     Administrator has transmitted to the Committee on 
     Commerce, Science, and Transportation of the Senate and 
     the Committee on Science of the House of Representatives a 
     written report describing the nature of the construction, 
     its costs, and the reasons therefor.

     SEC. 124. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR 
                   EXTRAORDINARY EXPENSES.

       Not more than $32,500 of the funds appropriated under 
     section 102 may be used for scientific consultations or 
     extraordinary expenses, upon the authority of the 
     Administrator.

     SEC. 125. EARTH SCIENCE LIMITATION.

       Of the funds authorized to be appropriated for Earth 
     Science under section 102(b)(3) for each of fiscal years 2001 
     and 2002, $25,000,000 shall be for the Commercial Remote 
     Sensing Program for commercial data purchases, unless the 
     National Aeronautics and Space Administration has integrated 
     data purchases into the procurement process for Earth science 
     research by obligating at least 5 percent of the aggregate 
     amount appropriated for that fiscal year for Earth Observing 
     System and Earth Probes for the purchase of Earth science 
     data from the private sector.

[[Page H7407]]

     SEC. 126. COMPETITIVENESS AND INTERNATIONAL COOPERATION.

       (a) Limitation.--(1) As part of the evaluation of the costs 
     and benefits of entering into an obligation to conduct a 
     space mission in which a foreign entity will participate as a 
     supplier of the spacecraft, spacecraft system, or launch 
     system, the Administrator shall solicit comment on the 
     potential impact of such participation through notice 
     published in Commerce Business Daily at least 45 days before 
     entering into such an obligation.
       (2) The Administrator shall certify to the Congress at 
     least 15 days in advance of any cooperative agreement with 
     the People's Republic of China, or any company owned by the 
     People's Republic of China or incorporated under the laws of 
     the People's Republic of China, involving spacecraft, 
     spacecraft systems, launch systems, or scientific or 
     technical information that--
       (A) the agreement is not detrimental to the United States 
     space launch industry; and
       (B) the agreement, including any indirect technical benefit 
     that could be derived from the agreement, will not improve 
     the missile or space launch capabilities of the People's 
     Republic of China.
       (3) The Inspector General of the National Aeronautics and 
     Space Administration, in consultation with appropriate 
     agencies, shall conduct an annual audit of the policies and 
     procedures of the National Aeronautics and Space 
     Administration with respect to the export of technologies and 
     the transfer of scientific and technical information, to 
     assess the extent to which the National Aeronautics and Space 
     Administration is carrying out its activities in compliance 
     with Federal export control laws and with paragraph (2).
       (b) National Interests.--Before entering into an obligation 
     described in subsection (a), the Administrator shall consider 
     the national interests of the United States described in 
     section 2(6).

     SEC. 127. TRANS-HAB.

       (a) Replacement Structure.--No funds authorized by this Act 
     shall be obligated for the definition, design, procurement, 
     or development of an inflatable space structure to replace 
     any International Space Station components scheduled for 
     launch in the Assembly Sequence adopted by the National 
     Aeronautics and Space Administration in June 1999.
       (b) Exception.--Notwithstanding subsection (a), nothing in 
     this Act shall preclude the National Aeronautics and Space 
     Administration from leasing or otherwise using a commercially 
     provided inflatable habitation module, if such module would--
       (1) cost the same or less, including any necessary 
     modifications to other hardware or operating expenses, than 
     the remaining cost of completing and attaching the baseline 
     habitation module;
       (2) impose no delays to the Space Station Assembly 
     Sequence; and
       (3) result in no increased safety risk.
       (c) Report.--Notwithstanding subsection (a), the National 
     Aeronautics and Space Administration shall report to the 
     Congress by April 1, 2001, on its findings and 
     recommendations on substituting any inflatable habitation 
     module, or other inflatable structures, for one of the 
     elements included in the Space Station Assembly Sequence 
     adopted in June 1999.

     SEC. 128. CONSOLIDATED SPACE OPERATIONS CONTRACT.

       No funds authorized by this Act shall be used to create a 
     Government-owned corporation to perform the functions that 
     are the subject of the Consolidated Space Operations 
     Contract.

                 TITLE II--INTERNATIONAL SPACE STATION

     SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

       (a) Bimonthly Reporting on Russian Status.--Not later than 
     the first day of the first month beginning more than 60 days 
     after the date of the enactment of this Act, and not later 
     than the first day of every second month thereafter until 
     October 1, 2006, the Administrator shall report to Congress 
     whether or not the Russians have performed work expected of 
     them and necessary to complete the International Space 
     Station. Each such report shall also include a statement of 
     the Administrator's judgment concerning Russia's ability to 
     perform work anticipated and required to complete the 
     International Space Station before the next report under this 
     subsection.
       (b) Decision on Russian Critical Path Items.--The President 
     shall notify Congress within 90 days after the date of the 
     enactment of this Act of the decision on whether or not to 
     proceed with permanent replacement of any Russian elements in 
     the critical path of the International Space Station or any 
     Russian launch services. Such notification shall include the 
     reasons and justifications for the decision and the costs 
     associated with the decision. Such decision shall include a 
     judgment of when all elements identified in Revision E 
     assembly sequence as of June 1999 will be in orbit and 
     operational. If the President decides to proceed with a 
     permanent replacement for any Russian element in the critical 
     path or any Russian launch services, the President shall 
     notify Congress of the reasons and the justification for the 
     decision to proceed with the permanent replacement and the 
     costs associated with the decision.
       (c) Assurances.--The United States shall seek assurances 
     from the Russian Government that it places a higher priority 
     on fulfilling its commitments to the International Space 
     Station than it places on extending the life of the Mir Space 
     Station, including assurances that Russia will not utilize 
     assets allocated by Russia to the International Space Station 
     for other purposes, including extending the life of Mir.
       (d) Equitable Utilization.--In the event that any 
     International Partner in the International Space Station 
     Program willfully violates any of its commitments or 
     agreements for the provision of agreed-upon Space Station-
     related hardware or related goods or services, the 
     Administrator should, in a manner consistent with 
     relevant international agreements, seek a commensurate 
     reduction in the utilization rights of that Partner until 
     such time as the violated commitments or agreements have 
     been fulfilled.
       (e) Operation Costs.--The Administrator shall, in a manner 
     consistent with relevant international agreements, seek to 
     reduce the National Aeronautics and Space Administration's 
     share of International Space Station common operating costs, 
     based upon any additional capabilities provided to the 
     International Space Station through the National Aeronautics 
     and Space Administration's Russian Program Assurance 
     activities.

     SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE 
                   STATION.

       (a) Limitation of Costs.--
       (1) In general.--Except as provided in subsections (c) and 
     (d), the total amount obligated by the National Aeronautics 
     and Space Administration for--
       (A) costs of the International Space Station may not exceed 
     $25,000,000,000; and
       (B) space shuttle launch costs in connection with the 
     assembly of the International Space Station may not exceed 
     $17,700,000,000.
       (2) Calculation of launch costs.--For purposes of paragraph 
     (1)(B)--
       (A) not more than $380,000,000 in costs for any single 
     space shuttle launch shall be taken into account; and
       (B) if the space shuttle launch costs taken into account 
     for any single space shuttle launch are less than 
     $380,000,000, then the Administrator shall arrange for a 
     verification, by the General Accounting Office, of the 
     accounting used to determine those costs and shall submit 
     that verification to the Congress within 60 days after the 
     date on which the next budget request is transmitted to the 
     Congress.
       (b) Costs to Which Limitation Applies.--
       (1) Development costs.--The limitation imposed by 
     subsection (a)(1)(A) does not apply to funding for 
     operations, research, or crew return activities subsequent to 
     substantial completion of the International Space Station.
       (2) Launch costs.--The limitation imposed by subsection 
     (a)(1)(B) does not apply--
       (A) to space shuttle launch costs in connection with 
     operations, research, or crew return activities subsequent to 
     substantial completion of the International Space Station;
       (B) to space shuttle launch costs in connection with a 
     launch for a mission on which at least 75 percent of the 
     shuttle payload by mass is devoted to research; nor
       (C) to any additional costs incurred in ensuring or 
     enhancing the safety and reliability of the space shuttle.
       (3) Substantial completion.--For purposes of this 
     subsection, the International Space Station is considered to 
     be substantially completed when the development costs 
     comprise 5 percent or less of the total International Space 
     Station costs for the fiscal year.
       (c) Notice of Changes to Space Station Costs.--The 
     Administrator shall provide with each annual budget request a 
     written notice and analysis of any changes under subsection 
     (d) to the amounts set forth in subsection (a) to the Senate 
     Committees on Appropriations and on Commerce, Science, and 
     Transportation and to the House of Representatives Committees 
     on Appropriations and on Science. In addition, such notice 
     may be provided at other times, as deemed necessary by the 
     Administrator. The written notice shall include--
       (1) an explanation of the basis for the change, including 
     the costs associated with the change and the expected benefit 
     to the program to be derived from the change;
       (2) an analysis of the impact on the assembly schedule and 
     annual funding estimates of not receiving the requested 
     increases; and
       (3) an explanation of the reasons that such a change was 
     not anticipated in previous program budgets.
       (d) Funding for Contingencies.--
       (1) Notice required.--If funding in excess of the 
     limitation provided for in subsection (a) is required to 
     address the contingencies described in paragraph (2), then 
     the Administrator shall provide the written notice required 
     by subsection (c). In the case of funding described in 
     paragraph (3)(A), such notice shall be required prior to 
     obligating any of the funding. In the case of funding 
     described in paragraph (3)(B), such notice shall be required 
     within 15 days after making a decision to implement a change 
     that increases the space shuttle launch costs in connection 
     with the assembly of the International Space Station.
       (2) Contingencies.--The contingencies referred to in 
     paragraph (1) are the following:
       (A) The lack of performance or the termination of 
     participation of any of the International countries party to 
     the Intergovernmental Agreement.
       (B) The loss or failure of a United States-provided element 
     during launch or on-orbit.
       (C) On-orbit assembly problems.
       (D) New technologies or training to improve safety on the 
     International Space Station.
       (E) The need to launch a space shuttle to ensure the safety 
     of the crew or to maintain the integrity of the station.
       (3) Amounts.--The total amount obligated by National 
     Aeronautics and Space Administration to address the 
     contingencies described in paragraph (2) is limited to--
       (A) $5,000,000,000 for the International Space Station; and
       (B) $3,540,000,000 for the space shuttle launch costs in 
     connection with the assembly of the International Space 
     Station.
       (e) Reporting and Review.--
       (1) Identification of costs.--
       (A) Space shuttle.--As part of the overall space shuttle 
     program budget request for each

[[Page H7408]]

     fiscal year, the Administrator shall identify separately--
       (i) the amounts of the requested funding that are to be 
     used for completion of the assembly of the International 
     Space Station; and
       (ii) any shuttle research mission described in subsection 
     (b)(2).
       (B) International space station.--As part of the overall 
     International Space Station budget request for each fiscal 
     year, the Administrator shall identify the amount to be used 
     for development of the International Space Station.
       (2) Accounting for cost limitations.--As part of the annual 
     budget request to the Congress, the Administrator shall 
     account for the cost limitations imposed by subsection (a).
       (3) Verification of accounting.--The Administrator shall 
     arrange for a verification, by the General Accounting Office, 
     of the accounting submitted to the Congress within 60 days 
     after the date on which the budget request is transmitted to 
     the Congress.
       (4) Inspector general.--Within 60 days after the 
     Administrator provides a notice and analysis to the Congress 
     under subsection (c), the Inspector General of the National 
     Aeronautics and Space Administration shall review the notice 
     and analysis and report the results of the review to the 
     committees to which the notice and analysis were provided.

     SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.

       (a) Study.--The Administrator shall enter into a contract 
     with the National Research Council and the National Academy 
     of Public Administration to jointly conduct a study of the 
     status of life and microgravity research as it relates to the 
     International Space Station. The study shall include--
       (1) an assessment of the United States scientific 
     community's readiness to use the International Space Station 
     for life and microgravity research;
       (2) an assessment of the current and projected factors 
     limiting the United States scientific community's ability to 
     maximize the research potential of the International Space 
     Station, including, but not limited to, the past and present 
     availability of resources in the life and microgravity 
     research accounts within the Office of Human Spaceflight and 
     the Office of Life and Microgravity Sciences and Applications 
     and the past, present, and projected access to space of the 
     scientific community; and
       (3) recommendations for improving the United States 
     scientific community's ability to maximize the research 
     potential of the International Space Station, including an 
     assessment of the relative costs and benefits of--
       (A) dedicating an annual mission of the Space Shuttle to 
     life and microgravity research during assembly of the 
     International Space Station; and
       (B) maintaining the schedule for assembly in place at the 
     time of the enactment.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     the Committee on Science of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate a report on the results of the study conducted under 
     this section.

     SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION 
                   PROGRAM.

       Section 434 of the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 2000 is amended by striking ``2004,'' 
     each place it appears and inserting ``2002,''.

     SEC. 205. SPACE STATION RESEARCH UTILIZATION AND 
                   COMMERCIALIZATION MANAGEMENT.

       (a) Research Utilization and Commercialization Management 
     Activities.--The Administrator of the National Aeronautics 
     and Space Administration shall enter into an agreement with a 
     non-government organization to conduct research utilization 
     and commercialization management activities of the 
     International Space Station subsequent to substantial 
     completion as defined in section 202(b)(3). The agreement may 
     not take effect less than 120 days after the implementation 
     plan for the agreement is submitted to the Congress under 
     subsection (b).
       (b) Implementation Plan.--Not later than September 30, 
     2001, the Administrator shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Science of the House of Representatives an 
     implementation plan to incorporate the use of a non-
     government organization for the International Space Station. 
     The implementation plan shall include--
       (1) a description of the respective roles and 
     responsibilities of the Administration and the non-government 
     organization;
       (2) a proposed structure for the non-government 
     organization;
       (3) a statement of the resources required;
       (4) a schedule for the transition of responsibilities; and
       (5) a statement of the duration of the agreement.

                        TITLE III--MISCELLANEOUS

     SEC. 301. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

       (a) Requirement.--Before any funds may be obligated for 
     Phase B of a project that is projected to cost more than 
     $150,000,000 in total project costs, the Chief Financial 
     Officer for the National Aeronautics and Space Administration 
     shall conduct an independent life-cycle cost analysis of such 
     project and shall report the results to Congress. In 
     developing cost accounting and reporting standards for 
     carrying out this section, the Chief Financial Officer shall, 
     to the extent practicable and consistent with other laws, 
     solicit the advice of expertise outside of the National 
     Aeronautics and Space Administration.
       (b) Definition.--For purposes of this section, the term 
     ``Phase B'' means the latter stages of project formulation, 
     during which the final definition of a project is carried out 
     and before project implementation (which includes the Design, 
     Development, and Operations Phases) begins.

     SEC. 302. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 
                   AMENDMENTS.

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

     SEC. 303. COMMERCIAL SPACE GOODS AND SERVICES.

       It is the sense of Congress that the National Aeronautics 
     and Space Administration shall purchase commercially 
     available space goods and services to the fullest extent 
     feasible and shall not conduct activities with commercial 
     applications that preclude or deter commercial space 
     activities except for reasons of national security or public 
     safety. A space good or service shall be deemed commercially 
     available if it is offered by a commercial provider, or if it 
     could be supplied by a commercial provider in response to a 
     Government procurement request. For purposes of this section, 
     a purchase is feasible if it meets mission requirements in a 
     cost-effective manner.

     SEC. 304. COST EFFECTIVENESS CALCULATIONS.

       Except as otherwise required by law, in calculating the 
     cost effectiveness of the cost of the National Aeronautics 
     and Space Administration engaging in an activity as compared 
     to a commercial provider, the Administrator shall compare the 
     cost of the National Aeronautics and Space Administration 
     engaging in the activity using full cost accounting 
     principles with the price the commercial provider will charge 
     for such activity.

     SEC. 305. FOREIGN CONTRACT LIMITATION.

       The National Aeronautics and Space Administration shall not 
     enter into any agreement or contract with a foreign 
     government that grants the foreign government the right to 
     recover profit in the event that the agreement or contract is 
     terminated.

     SEC. 306. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS 
                   BASED ON SUBSTANTIAL EVIDENCE OF FRAUD.

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

     SEC. 307. SPACE SHUTTLE UPGRADE STUDY.

       (a) Study.--The Administrator shall enter into appropriate 
     arrangements for the conduct of an independent study to 
     reassess the priority of all Space Shuttle upgrades which are 
     under consideration by the National Aeronautics and Space 
     Administration but for which substantial development costs 
     have not been incurred.
       (b) Priorities.--The study described in subsection (a) 
     shall establish relative priorities of the upgrades within 
     each of the following categories:
       (1) Upgrades that are safety related.
       (2) Upgrades that may have functional or technological 
     applicability to reusable launch vehicles.
       (3) Upgrades that have a payback period within the next 12 
     years.
       (c) Completion Date.--The results of the study described in 
     subsection (a) shall be transmitted to the Congress not later 
     than 180 days after the date of the enactment of this Act.

     SEC. 308. AERO-SPACE TRANSPORTATION TECHNOLOGY INTEGRATION.

       (a) Integration Plan.--The Administrator shall develop a 
     plan for the integration of research, development, and 
     experimental demonstration activities in the aeronautics 
     transportation technology and space transportation technology 
     areas where appropriate. The plan shall ensure that 
     integration is accomplished without losing unique 
     capabilities which support the National Aeronautics and Space 
     Administration's defined missions. The plan shall also 
     include appropriate strategies for using aeronautics centers 
     in integration efforts.
       (b) Reports to Congress.--Not later than 90 days after the 
     date of the enactment of this Act, the Administrator shall 
     transmit to the Congress a report containing the plan 
     developed under subsection (a). The Administrator shall 
     transmit to the Congress annually thereafter for 5 years a 
     report on progress in achieving such plan, to be transmitted 
     with the annual budget request.

     SEC. 309. DEFINITIONS OF COMMERCIAL SPACE POLICY TERMS.

       It is the sense of the Congress that the Administrator 
     should ensure, to the extent practicable, that the usage of 
     terminology in National Aeronautics and Space Administration 
     policies and programs with respect to space activities is 
     consistent with the following definitions:
       (1) The term ``commercialization'' means actions or 
     policies which promote or facilitate the private creation or 
     expansion of commercial markets for privately developed and 
     privately provided space goods and services, including 
     privatized space activities.
       (2) The term ``commercial purchase'' means a purchase by 
     the Federal Government of space goods and services at a 
     market price from a private entity which has invested private 
     resources to meet commercial requirements.

[[Page H7409]]

       (3) The term ``commercial use of Federal assets'' means the 
     use of Federal assets by a private entity to deliver services 
     to commercial customers, with or without putting private 
     capital at risk.
       (4) The term ``contract consolidation'' means the combining 
     of two or more Government service contracts for related space 
     activities into one larger Government service contract.
       (5) The term ``privatization'' means the process of 
     transferring--
       (A) control and ownership of Federal space-related assets, 
     along with the responsibility for operating, maintaining, and 
     upgrading those assets, to the private sector; or
       (B) control and responsibility for space-related functions 
     from the Federal Government to the private sector.

     SEC. 310. EXTERNAL TANK OPPORTUNITIES STUDY.

       (a) Applications.--The Administrator shall enter into 
     appropriate arrangements for an independent study to 
     identify, and evaluate the potential benefits and costs of, 
     the broadest possible range of commercial and scientific 
     applications which are enabled by the launch of Space Shuttle 
     external tanks into Earth orbit and retention in space, 
     including--
       (1) the use of privately owned external tanks as a venue 
     for commercial advertising on the ground, during ascent, and 
     in Earth orbit, except that such study shall not consider 
     advertising that while in orbit is observable from the ground 
     with the unaided human eye;
       (2) the use of external tanks to achieve scientific or 
     technology demonstration missions in Earth orbit, on the 
     Moon, or elsewhere in space; and
       (3) the use of external tanks as low-cost infrastructure in 
     Earth orbit or on the Moon, including as an augmentation to 
     the International Space Station.
     A final report on the results of such study shall be 
     delivered to the Congress not later than 90 days after the 
     date of the enactment of this Act. Such report shall include 
     recommendations as to Government and industry-funded 
     improvements to the external tank which would maximize its 
     cost-effectiveness for the scientific and commercial 
     applications identified.
       (b) Required Improvements.--The Administrator shall conduct 
     an internal agency study, based on the conclusions of the 
     study required by subsection (a), of what--
       (1) improvements to the current Space Shuttle external 
     tank; and
       (2) other in-space transportation or infrastructure 
     capability developments,
     would be required for the safe and economical use of the 
     Space Shuttle external tank for any or all of the 
     applications identified by the study required by subsection 
     (a), a report on which shall be delivered to Congress not 
     later than 45 days after receipt of the final report required 
     by subsection (a).
       (c) Changes in Law or Policy.--Upon receipt of the final 
     report required by subsection (a), the Administrator shall 
     solicit comment from industry on what, if any, changes in law 
     or policy would be required to achieve the applications 
     identified in that final report. Not later than 90 days after 
     receipt of such final report, the Administrator shall 
     transmit to the Congress the comments received along with the 
     recommendations of the Administrator as to changes in law or 
     policy that may be required for those purposes.

     SEC. 311. NOTICE.

       (a) Notice of Reprogramming.--If any funds authorized by 
     this Act are subject to a reprogramming action that requires 
     notice to be provided to the Appropriations Committees of the 
     House of Representatives and the Senate, notice of such 
     action shall concurrently be provided to the Committee on 
     Science of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate.
       (b) Notice of Reorganization.--The Administrator shall 
     provide notice to the Committees on Science and 
     Appropriations of the House of Representatives, and the 
     Committees on Commerce, Science, and Transportation and 
     Appropriations of the Senate, not later than 30 days before 
     any major reorganization of any program, project, or activity 
     of the National Aeronautics and Space Administration.

     SEC. 312. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.

       The Unitary Wind Tunnel Plan Act of 1949 is amended--
       (1) in section 101 (50 U.S.C. 511) by striking ``transsonic 
     and supersonic'' and inserting ``transsonic, supersonic, and 
     hypersonic''; and
       (2) in section 103 (50 U.S.C. 513)--
       (A) by striking ``laboratories'' in subsection (a) and 
     inserting ``laboratories and centers'';
       (B) by striking ``supersonic'' in subsection (a) and 
     inserting ``transsonic, supersonic, and hypersonic''; and
       (C) by striking ``laboratory'' in subsection (c) and 
     inserting ``facility''.

     SEC. 313. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT.

       (a) Establishment of Program.--In order to promote a 
     ``faster, cheaper, better'' approach to the human exploration 
     and development of space, the Administrator shall establish a 
     Human Space Flight Innovative Technologies program of ground-
     based and space-based research and development in innovative 
     technologies. The program shall be part of the Technology and 
     Commercialization program.
       (b) Awards.--At least 75 percent of the amount appropriated 
     for Technology and Commercialization under section 101(b)(4) 
     for any fiscal year shall be awarded through broadly 
     distributed announcements of opportunity that solicit 
     proposals from educational institutions, industry, nonprofit 
     institutions, National Aeronautics and Space Administration 
     Centers, the Jet Propulsion Laboratory, other Federal 
     agencies, and other interested organizations, and that allow 
     partnerships among any combination of those entities, with 
     evaluation, prioritization, and recommendations made by 
     external peer review panels.
       (c) Plan.--The Administrator shall provide to the Committee 
     on Science of the House of Representatives and to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, not later than December 1, 2000, a plan to implement 
     the program established under subsection (a).

     SEC. 314. LIFE IN THE UNIVERSE.

       (a) Review.--The Administrator shall enter into appropriate 
     arrangements with the National Academy of Sciences for the 
     conduct of a review of--
       (1) international efforts to determine the extent of life 
     in the universe; and
       (2) enhancements that can be made to the National 
     Aeronautics and Space Administration's efforts to determine 
     the extent of life in the universe.
       (b) Elements.--The review required by subsection (a) shall 
     include--
       (1) an assessment of the direction of the National 
     Aeronautics and Space Administration's astrobiology 
     initiatives within the Origins program;
       (2) an assessment of the direction of other initiatives 
     carried out by entities other than the National Aeronautics 
     and Space Administration to determine the extent of life in 
     the universe, including other Federal agencies, foreign space 
     agencies, and private groups such as the Search for 
     Extraterrestrial Intelligence Institute;
       (3) recommendations about scientific and technological 
     enhancements that could be made to the National Aeronautics 
     and Space Administration's astrobiology initiatives to 
     effectively utilize the initiatives of the scientific and 
     technical communities; and
       (4) recommendations for possible coordination or 
     integration of National Aeronautics and Space Administration 
     initiatives with initiatives of other entities described in 
     paragraph (2).
       (c) Report to Congress.--Not later than 20 months after the 
     date of the enactment of this Act, the Administrator shall 
     transmit to the Congress a report on the results of the 
     review carried out under this section.

     SEC. 315. CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH.

       (a) Carbon Cycle Remote Sensing Applications Research 
     Program.--
       (1) In general.--The Administrator shall develop a carbon 
     cycle remote sensing applications research program--
       (A) to provide a comprehensive view of vegetation 
     conditions;
       (B) to assess and model agricultural carbon sequestration; 
     and
       (C) to encourage the development of commercial products, as 
     appropriate.
       (2) Use of centers.--The Administrator of the National 
     Aeronautics and Space Administration shall use regional earth 
     science application centers to conduct applications research 
     under this section.
       (3) Researched areas.--The areas that shall be the subjects 
     of research conducted under this section include--
       (A) the mapping of carbon-sequestering land use and land 
     cover;
       (B) the monitoring of changes in land cover and management;
       (C) new approaches for the remote sensing of soil carbon; 
     and
       (D) region-scale carbon sequestration estimation.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 of 
     funds authorized by section 102 for fiscal years 2001 through 
     2002.

     SEC. 316. REMOTE SENSING FOR AGRICULTURAL AND RESOURCE 
                   MANAGEMENT.

       (a) Information Development.--The Administrator shall--
       (1) consult with the Secretary of Agriculture to determine 
     data product types that are of use to farmers which can be 
     remotely sensed from air or space;
       (2) consider useful commercial data products related to 
     agriculture as identified by the focused research program 
     between the National Aeronautics and Space Administration's 
     Stennis Space Center and the Department of Agriculture; and
       (3) examine other data sources, including commercial 
     sources, LightSAR, RADARSAT I, and RADARSAT II, which can 
     provide domestic and international agricultural information 
     relating to crop conditions, fertilization and irrigation 
     needs, pest infiltration, soil conditions, projected food, 
     feed, and fiber production, and other related subjects.
       (b) Plan.--After performing the activities described in 
     subsection (a) the Administrator shall, in consultation with 
     the Secretary of Agriculture, develop a plan to inform 
     farmers and other prospective users about the use and 
     availability of remote sensing products that may assist with 
     agricultural and forestry applications identified in 
     subsection (a). The Administrator shall transmit such plan to 
     the Congress not later than 180 days after the date of the 
     enactment of this Act.
       (c) Implementation.--Not later than 90 days after the plan 
     has been transmitted under subsection (b), the Administrator 
     shall implement the plan.

     SEC. 317. 100TH ANNIVERSARY OF FLIGHT EDUCATIONAL INITIATIVE.

       (a) Educational Initiative.--In recognition of the 100th 
     anniversary of the first powered flight, the Administrator, 
     in coordination with the Secretary of Education, shall 
     develop and provide for the distribution, for use in the 
     2001-2002 academic year and thereafter, of age-appropriate 
     educational materials, for use at the kindergarten, 
     elementary, and secondary levels,

[[Page H7410]]

     on the history of flight, the contribution of flight to 
     global development in the 20th century, the practical 
     benefits of aeronautics and space flight to society, the 
     scientific and mathematical principles used in flight, and 
     any other related topics the Administrator considers 
     appropriate. The Administrator shall integrate into the 
     educational materials plans for the development and flight 
     of the Mars plane.
       (b) Report to Congress.--Not later than December 1, 2000, 
     the Administrator shall transmit a report to the Congress on 
     activities undertaken pursuant to this section.

     SEC. 318. INTERNET AVAILABILITY OF INFORMATION.

       Upon the conclusion of the research under a research grant 
     or award of $50,000 or more made with funds authorized by 
     this Act, the Administrator shall make available through the 
     Internet home page of the National Aeronautics and Space 
     Administration a brief summary of the results and importance 
     of such research grant or award. Nothing in this section 
     shall be construed to require or permit the release of any 
     information prohibited by law or regulation from being 
     released to the public.

     SEC. 319. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
                   NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     Act, it is the sense of the Congress that entities receiving 
     such assistance should, in expending the assistance, purchase 
     only American-made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Administrator shall 
     provide to each recipient of the assistance a notice 
     describing the statement made in subsection (a) by the 
     Congress.

     SEC. 320. ANTI-DRUG MESSAGE ON INTERNET SITES.

       Not later than 90 days after the date of the enactment of 
     this Act, the Administrator, in consultation with the 
     Director of the Office of National Drug Control Policy, shall 
     place anti-drug messages on Internet sites controlled by the 
     National Aeronautics and Space Administration.

     SEC. 321. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

       (a) Definitions.--In this section:
       (1) Educationally useful federal equipment.--The term 
     ``educationally useful Federal equipment'' means computers 
     and related peripheral tools and research equipment that is 
     appropriate for use in schools.
       (2) School.--The term ``school'' means a public or private 
     educational institution that serves any of the grades of 
     kindergarten through grade 12.
       (b) Sense of Congress.--
       (1) In general.--It is the sense of Congress that the 
     Administrator should, to the greatest extent practicable and 
     in a manner consistent with applicable Federal law (including 
     Executive Order No. 12999), donate educationally useful 
     Federal equipment to schools in order to enhance the science 
     and mathematics programs of those schools.
       (2) Reports.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall prepare and submit to Congress a report 
     describing any donations of educationally useful Federal 
     equipment to schools made during the period covered by the 
     report.

     SEC. 322. SPACE ADVERTISING.

       (a) Definition.--Section 70102 of title 49, United States 
     Code, is amended--
       (1) by redesignating paragraphs (8) through (16) as 
     paragraphs (9) through (17), respectively; and
       (2) by inserting after paragraph (7) the following:
       ``(8) `obtrusive space advertising' means advertising in 
     outer space that is capable of being recognized by a human 
     being on the surface of the Earth without the aid of a 
     telescope or other technological device.''.
       (b) Prohibition.--Chapter 701 of title 49, United States 
     Code, is amended by inserting after section 70109 the 
     following new section:

     ``Sec. 70109a. Space advertising

       ``(a) Licensing.--Notwithstanding the provisions of this 
     chapter or any other provision of law, the Secretary may not, 
     for the launch of a payload containing any material to be 
     used for the purposes of obtrusive space advertising--
       ``(1) issue or transfer a license under this chapter; or
       ``(2) waive the license requirements of this chapter.
       ``(b) Launching.--No holder of a license under this chapter 
     may launch a payload containing any material to be used for 
     purposes of obtrusive space advertising.
       ``(c) Commercial Space Advertising.--Nothing in this 
     section shall apply to nonobtrusive commercial space 
     advertising, including advertising on--
       ``(1) commercial space transportation vehicles;
       ``(2) space infrastructure payloads;
       ``(3) space launch facilities; and
       ``(4) launch support facilities.''.
       (c) Negotiation With Foreign Launching Nations.--(1) The 
     President is requested to negotiate with foreign launching 
     nations for the purpose of reaching 1 or more agreements that 
     prohibit the use of outer space for obtrusive space 
     advertising purposes.
       (2) It is the sense of Congress that the President should 
     take such action as is appropriate and feasible to enforce 
     the terms of any agreement to prohibit the use of outer space 
     for obtrusive space advertising purposes.
       (3) As used in this subsection, the term ``foreign 
     launching nation'' means a nation--
       (A) that launches, or procures the launching of, a payload 
     into outer space; or
       (B) from the territory or facility of which a payload is 
     launched into outer space.
       (d) Clerical Amendment.--The table of sections for chapter 
     701 is amended by inserting after the item relating to 
     section 70109 the following:

  ``70109a. Space advertising.''.

     SEC. 323. AERONAUTICAL RESEARCH.

       (a) Flight Research Study.--
       (1) In general.--Within 6 months after the date of the 
     enactment of this Act, the Administrator shall provide to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science of the House of 
     Representatives the results of an engineering study of the 
     modifications necessary for the more effective use of the WB-
     57 flight research plan.
       (2) Contents of study.--The engineering study provided by 
     the Administrator under paragraph (1) shall address at least 
     the following issues:
       (A) Replacement of autopilot.
       (B) Replacement of landing gear or improved brake system.
       (C) Upgrade of avionics.
       (D) Upgrade of engines for higher flight regimes.
       (E) Installation of winglets on aircraft wings.
       (F) Research benefits to be derived from modifications of 
     plane.
       (G) Associated costs of each of the modifications.
       (b) Aircraft Icing Research Plan.--
       (1) In general.--Within 90 days after the date of the 
     enactment of this Act, the Administrator shall submit a plan 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Science of the House of 
     Representatives for aircraft icing research to be conducted 
     over the 5-year period commencing on October 1, 2000.
       (2) Contents of the plan.--The aircraft icing research plan 
     submitted by the Administrator under paragraph (1) shall 
     include at least the following items:
       (A) Research goals and objectives.
       (B) Funding levels for each of the 5 fiscal years.
       (C) Anticipated extent and nature of involvement in the 
     research program by agencies, organizations, and companies, 
     both domestic and foreign, other than the National 
     Aeronautics and Space Administration.
       (D) Anticipated resource requirements and locations of 
     aircraft icing tunnel research and flight research for each 
     of the 5 fiscal years.

     SEC. 324. INSURANCE, INDEMNIFICATION, AND CROSS-WAIVERS.

       (a) Technical Amendment.--Title III of the National 
     Aeronautics and Space Act of 1958 is amended--
       (1) by redesignating sections 309 through 311 as sections 
     310 through 312, respectively; and
       (2) by inserting ``Sec. 309.'' before ``(a) In General.--'' 
     in the undesignated section added by section 435 of the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000.
       (b) Amendments.--Section 309 of the National Aeronautics 
     and Space Act of 1958 (as so designated by subsection (a)(2) 
     of this section) is amended--
       (1) in subsection (c)(1), by striking ``departments, 
     agencies, and related entities'' and inserting ``departments, 
     agencies, and instrumentalities'';
       (2) in subsection (c)(2), by adding at the end the 
     following new subparagraph:
       ``(D) Willful misconduct.--A reciprocal waiver under 
     paragraph (1) may not relieve the United States, the 
     developer, the cooperating party, or the related entities of 
     the developer or cooperating party, of liability for damage 
     or loss resulting from willful misconduct.''; and
       (3) by adding at the end the following new subsection:
       ``(f) Termination.--
       ``(1) In general.--The provisions of this section shall 
     terminate on December 31, 2002, except that the Administrator 
     may extend the termination date to a date not later than 
     September 30, 2005, if the Administrator determines that such 
     extension is in the interests of the United States.
       ``(2) Effect of termination on agreement.--The termination 
     of this section shall not terminate or otherwise affect any 
     cross-waiver agreement, insurance agreement, indemnification 
     agreement, or other agreement entered into under this 
     section, except as may be provided in that agreement.''.

     SEC. 325. USE OF ABANDONED, UNDERUTILIZED, AND EXCESS 
                   BUILDINGS, GROUNDS, AND FACILITIES.

       (a) In General.--In any case in which the Administrator 
     considers the purchase, lease, or expansion of a facility to 
     meet requirements of the National Aeronautics and Space 
     Administration, the Administrator shall consider whether 
     those requirements could be met by the use of one of the 
     following:
       (1) Abandoned or underutilized buildings, grounds, and 
     facilities in depressed communities that can be converted to 
     National Aeronautics and Space Administration usage at a 
     reasonable cost, as determined by the Administrator.
       (2) Any military installation that is closed or being 
     closed, or any facility at such an installation.
       (3) Any other facility or part of a facility that the 
     Administrator determines to be--
       (A) owned or leased by the United States for the use of 
     another agency of the Federal Government; and
       (B) considered by the head of the agency involved--
       (i) to be excess to the needs of that agency; or
       (ii) to be underutilized by that agency.
       (b) Definition.--For the purposes of this section, the term 
     ``depressed communities'' means

[[Page H7411]]

     rural and urban communities that are relatively depressed, in 
     terms of age of housing, extent of poverty, growth of per 
     capita income, extent of unemployment, job lag, or surplus 
     labor.
       And the Senate agree to the same.
     F. James Sensenbrenner, Jr.,
     Dana Rohrabacher,
     Dave Weldon,
     Ralph M. Hall,
     Bart Gordon,
                                Managers on the Part of the House.

     John McCain,
     Ted Stevens,
     Bill Frist,
     Fritz Hollings,
     John Breaux,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 1654), to authorize 
     appropriations for the National Aeronautics and Space 
     Administration for fiscal years 2000, 2001, and 2002, and for 
     other purposes, submit the following joint statement to the 
     House and the Senate in explanation of the effect of the 
     action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clerical 
     changes.
       The House and Senate authorization bills were passed in 
     1999 and based on the fiscal year (FY) 2000 budget request. 
     Both bills authorized funding for FY 2000 through FY 2002 
     based on the budget runouts provided with the President's FY 
     2000 request for NASA funding. However, conference 
     discussions were still underway when the President unveiled 
     his FY 2001 budget request. The FY 2001 budget request 
     differed significantly from that projected in FY 2000. The FY 
     2001 budget contained significant increases in Space Science 
     and Aerospace Technology and minor reductions in Human 
     Spaceflight and Earth Science, reflecting that the 
     International Space Station (ISS) and the first phase of the 
     EOS program had passed the peak of their development costs. 
     Consequently, the conferees adjusted the conference text to 
     reflect the new information contained in the FY 2001 request.


                title i. authorization of appropriations

     (Subtitle A)
       Human Spaceflight. The President requested $5,499,900,000 
     for Human Spaceflight in FY 2001. Conferees agreed to 
     $5,499,900,000 for Human Spaceflight in FY 2001. The 
     conferees provided funding for International Space Station, 
     the Space Shuttle, Payload/ELV Support and Investments and 
     Support at the level of the President's request. Concerned 
     about past Administration cuts to the International Space 
     Station research activities, the conferees adopted a House 
     provision setting aside $455,400,000 of the amount authorized 
     for Space Station research and assigning the Office of Life 
     and Microgravity Sciences and Applications responsibility for 
     administering those funds.
       The Senate-passed authorization bill excluded $200 million 
     in funding in the Space Station funding account for the 
     Propulsion Module due to lack of specific plans. Conferees 
     continue to be concerned given the recent significant cost 
     increase of at least $150 million and schedule slippages of 
     18 months for the module. These cost increases and delays are 
     even more alarming given the project is still in its early 
     developmental stages. The conferees are also concerned about 
     the lack of specific future plans for the Propulsion Module 
     at this point.
       The President requested $5,387,600,000 for Human 
     Spaceflight in FY 2002. Conferees agreed to authorize 
     $5,387,600,000 for Human Spaceflight in FY 2002. The 
     conferees provided funding for International Space Station, 
     the Space Shuttle, Payload/ELV Support and Investments and 
     Support at the level of the President's request. Concerned 
     about past Administration cuts to the International Space 
     Station research activities, the conferees adopted a House 
     provision setting aside $451,600,000 of the amount authorized 
     for Space Station research and assigning the Office of Life 
     and Microgravity Sciences and Applications responsibility for 
     administering those funds. The conferees also agreed to 
     authorize $20,000,000 for Technology and Commercialization in 
     FY 2001 and FY 2002.
       Science, Aeronautics, and Technology. The President 
     requested $2,398,800,000 for space science in FY 2001. 
     Conferees agreed to authorize $2,417,800,000 for Space 
     Science in FY 2001, $19,000,000 more than the President 
     requested and $225,015,000 more than the FY 2000 appropriated 
     level. The President requested $2,606,400,000 for space 
     science in FY 2002. Conferees agreed to authorize 
     $2,630,400,000 in FY 2002, $24,000,000 more than the 
     Presidential request. Conferees also agreed to: House 
     language stating that of the total authorized for Space 
     Science $10,500,000 shall be for the Near Earth Object Survey 
     in FY 2001 and FY 2002; $523,601,000 shall be for the 
     Research Program in FY 2001 and $566,700,000 shall be for the 
     Research Program in FY 2002; $12,000,000 shall be for Space 
     Solar Power technology in FY 2001 and FY 2002; and $5,000,000 
     shall be for Space Science Data Buys in FY 2002. Despite the 
     loss of both Mars 1998 missions, the conferees remain 
     committed to exploring Mars and support the President's 
     decision to increase the Mars program's baseline funding by 
     $347,400,000 over the period FY 2001 through FY 2005 in his 
     FY 2001 budget request. Moreover, the conferees continue to 
     endorse NASA's faster, better, cheaper concept and believe 
     that a greater number of small missions will do more to 
     advance certain scientific goals than large missions launched 
     just once every decade. Nevertheless, better definition of 
     the concept is needed for proper and effective 
     implementation.
       The President requested $302,400,000 for Life and 
     Microgravity Science in FY 2001 and $300,300,000 for FY 2002. 
     The conferees are concerned that past cuts to Life and 
     Microgravity research are impeding scientific progress and 
     undermining the future readiness of the scientific community 
     to fully utilize the ISS. The conferees agreed to authorize 
     $335,200,000 and $344,000,000 for Life and Microgravity 
     research in FY 2001 and FY 2002, respectively. Together, 
     these represent an increase of $76,500,000, nearly 13% over 
     the President's request for both years. Given NASA's 
     development of non-invasive diagnostic capabilities in the 
     life sciences, conferees adopted House language setting aside 
     $2,000,000 of the amount authorized for FY 2001 and FY 2002 
     for research and early detection systems for breast and 
     ovarian cancer. Conferees also adopted Senate language 
     setting aside $2,000,000 of the amount authorized for FY 2001 
     and FY 2002 for clinical trials of islet transplantation 
     technology for Type I diabetes patients developed as a result 
     of past space flight activities. Finally, conferees adopted 
     House language signaling that $70,000,000 of funds authorized 
     for FY 2001 and $80,800,000 of funds authorized for FY 2002 
     may be used for research associated with the ISS. These 
     amounts signify continuing Congressional commitment to 
     restoring past cuts to the Life and Microgravity research 
     budget and a desire to improve the role of the Life and 
     Microgravity research community in planning Space Station 
     research activities.
       For Earth Science, the President requested $1,405,800,000 
     in FY 2001 and $1,332,500,000 in FY 2002. The House 
     authorized $1,413,300,000 and the Senate authorized 
     $1,502,873,000 for Earth Science in FY 2001. The House 
     authorized $1,365,300,000 and the Senate authorized 
     $1,547,959,000 for Earth Science in FY 2002. Conferees agreed 
     to authorize $1,430,800,000 and $1,357,500,000 for earth 
     science in FY 2001 and FY 2002 respectively. The House-passed 
     bill terminated the Triana spacecraft. The Senate did not 
     eliminate the program; the House receded to the Senate.
       In Aerospace Technology, the President requested 
     $1,193,000,000 in FY 2001 and $1,548,900,000 in FY 2002. 
     Conferees agreed to authorize $1,224,000,000 in FY 2001, 
     $31,000,000 more than the President requested, and 
     $1,574,900,000 in FY 2002, $26,000,000 more than the 
     President requested. In aeronautics, the conferees are 
     concerned about the continuing decline in funding for 
     aeronautics research over the last several years and agreed 
     to authorize funding of $36,000,000 in FY 2001 and FY 2002 
     for NASA's Quiet Aircraft Technology programs, $70,000,000 in 
     FY 2001 and FY 2002 for its Aviation Safety programs, and 
     $50,000,000 in FY 2001 and FY 2002 for its ultra-efficient 
     engine technology program. The conferees reaffirm Congress' 
     commitment to a strong NASA aeronautical R&D program, and 
     believe that it will be necessary to make appropriate 
     investments in the modernization of NASA'a aeronautical 
     research facilities to keep pace with the full range of 
     current and emerging aeronautical R&D challenges. Conferees 
     provided full funding for the Space Launch Initiative, 
     singling out the Second Generation RLV Program for funding. 
     Moreover, the conferees endorse the general approach and plan 
     to preserve competition among technological concepts within 
     the SLI as laid out by NASA in briefings and presentations to 
     the respective authorizing committees. The investigation of 
     multiple technological concepts could include examination of 
     such concepts as Two-Stage-to-Orbit, Single-Stage-to-Orbit, 
     Vertical-Takeoff-Vertical-Landing (for which potential 
     military applications are envisioned by some observers), and 
     air-launched systems, among others. The conferees further 
     note that NASA's plan for ``Alternative Access'' to the 
     International Space Station is contained within the Space 
     Launch Initiative budget profile and commend NASA for seeking 
     means of reducing our dependence on the Space Shuttle and 
     Russian Soyuz and Progress vehicles for access to ISS. The 
     conferees believe it will be necessary to make appropriate 
     investments in the modernization of NASA's rocket engine 
     testing facilities to keep pace with the development of the 
     Second Generation RLV program, particularly given NASA's plan 
     to develop some air-breathing engine technologies.
       The President requested $100,000,000 for Academic Programs 
     in FY 2001 and FY 2002, a $41,300,000 reduction from the FY 
     2000 funding appropriated by Congress. The House passed bill 
     provided $128,600,000 in FY 2001 and $130,600,000 in FY 2002. 
     The Senate bill

[[Page H7412]]

     provided $133,900,000 and $137,917,000 in FY 2001 and FY 2002 
     respectively. Conferees recommended authorizing $141,300,000 
     for FY 2001 and $141,300,000 for FY 2002. Within those 
     authorizations, $11,800,000 in FY 2001 shall be for Teacher/
     Faculty Preparation and Enhancement Programs and $11,800,000 
     in FY 2001 shall be for the Experimental Program to Stimulate 
     Competitive Research. Conferees authorized both programs at 
     the level of $12,500,000 in FY 2002. The conferees also 
     agreed that $28,000,000 of the funds authorized shall be for 
     Space Grant Colleges in both FY 2001 and FY 2002. Finally, 
     the Conferees agreed that $54,000,000 in both FY 2001 and FY 
     2002 shall be for minority university research and education, 
     including $35,900,000 for Historically Black Colleges and 
     Universities.
       Mission Support, NASA Inspector General, & Total 
     Authorization. In Mission Support, the conferees recommended 
     funding the President's request of $2,584,000,000 in FY 2001 
     and $2,666,200,000 in FY 2002. Conferees also agreed 
     to authorize $20,000,000 for the NASA Inspector General in 
     FY 2000, $22,000,000 in FY 2001 and $22,700,000 in FY 2002 
     as requested by the President.
       The conferees authorized $13,600,800,000 for NASA in FY 
     2000, reflecting the FY 2000 appropriations and including 
     $5,487,900,000 for Human Spaceflight, $5,580,900,000 for 
     Science, Aeronautics and Technology, $2,512,000,000 for 
     Mission Support, and $20,000,000 for the NASA Inspector 
     General. The total amount of funding authorized for NASA is 
     $14,184,400,000 in FY 2001, which is $149,100,000 more than 
     the President requested. The total amount authorized for FY 
     2002 is $14,625,400,000, which is $160,000,000 more than the 
     President's outyear budget projections.
       The conferees have been concerned about the need to ensure 
     that NASA's personnel and facilities will be able to support 
     a robust and safe space and aeronautics program over the next 
     decade and beyond. In particular, the conferees note the high 
     portion of NASA personnel that are at, or near, the age for 
     retirement eligibility. In addition, the conferees note the 
     importance of ensuring the continued safety of workers and 
     property at NASA's facilities. Therefore, the conferees 
     expect the Administrator to report to Congress by April 1, 
     2001 on NASA's plans and anticipated resource requirements 
     for (1) ensuring that critical technical and managerial 
     skills are maintained throughout the space agency, including 
     plans for hiring new personnel as appropriate; and (2) plans 
     for investing in the maintenance and upgrading of facilities 
     and equipment to ensure the safety of both workers and 
     property.
     Policy provisions (Subtitle B)
       The House bill contained Section 125, authorizing 
     $50,000,000 in FY 2001 and FY 2002 for Earth Science data 
     purchases. The House sought to create a mechanism by which 
     scientists could exploit for scientific purposes the hundreds 
     of millions of dollars in private investment in remote 
     sensing capabilities. Believing that a market is the most 
     efficient way of allocating limited resources, the House 
     sought to create competition among data providers to meet 
     scientist's needs, thereby creating pressures that would 
     result in falling prices and increased quality in the long 
     term. Moreover, by directly authorizing scientists to procure 
     data, the House intended to place greater decision-making 
     authority directly in the hands of principal investigators 
     studying the Earth system. The Senate bill contained no data 
     purchase program, so the conferees agreed to split the 
     difference by authorizing a $25 million program. In order to 
     fund that activity in a manner that does not disrupt the 
     ongoing Earth Science programs, the conferees have augmented 
     the funding for Earth Science by an equivalent amount in both 
     FY 2001 and FY 2002. The conferees expect the Administrator 
     to report to the Congress by April 1, 2001 on NASA's long-
     term plan to promote scientific applications of U.S. 
     commercial remote sensing capabilities through the purchase 
     of data, development of applications, and collaboration with 
     industry, research universities, and other government 
     agencies.
       Section 126 was modified during House consideration of H.R. 
     1654. The amendment, patterned after language adopted in the 
     FY 2000 defense authorization bill, is intended to ensure 
     that cooperative agreements between NASA and the People's 
     Republic of China will not benefit, directly or indirectly, 
     the People's Republic of China in its efforts to develop new 
     space launch and ballistic missile capabilities. Subparagraph 
     (a)(3) requires the NASA Inspector General to review NASA's 
     compliance with existing export control obligations in 
     consultation with the appropriate agencies of the federal 
     government. For the purposes of this section, ``appropriate 
     agencies'' refers generally to the U.S. national security, 
     intelligence, export control, and counter-intelligence/law 
     enforcement communities, including the Central Intelligence 
     Agency, the Defense Intelligence Agency, and the Departments 
     of State, Defense, Justice, and Commerce. The Senate bill 
     contained no such provision. After adopting some clarifying 
     language, the Senate receded to the House position.
       Section 127 was contained in the House bill as introduced. 
     The measure prohibits NASA from obligating funds to define, 
     design, procure, or develop an inflatable space structure to 
     replace any baseline ISS module. House conferees are 
     particularly concerned about the potential for further 
     perturbations to the baseline ISS design, which are likely to 
     increase cost, technical risk, and schedule slips. Indeed, 
     NASA was pursuing Transhab as an inflatable replacement for 
     the already-built habitation module's pressure vessel at a 
     time when early cost projections indicated Transhab would 
     cost several tens of millions more to complete. The Senate 
     bill contained no such provision. After some discussion, the 
     conferees agreed to modify the language to enable NASA to 
     lease a privately defined, designed, and developed Transhab, 
     provided that such a structure would not expose the U.S. 
     government or the International Space Station to greater cost 
     or schedule risks. It should be noted that the leasing option 
     still precludes NASA from obligating funds for NASA to 
     design, define (beyond the specification of requirements to 
     be met by the commercially provided structure), or develop an 
     inflatable structure to replace any baselined ISS module and 
     that any lease payments may not total more than the remaining 
     cost of the habitation module. Conferees gave NASA until 
     April 1, 2001 to assess its options and report its 
     recommendations on Transhab to the Congress. Such a report 
     should include a cost-benefit analysis of the fiscal, 
     programmatic, schedule, and technical risks of three options: 
     (1) sticking with the baseline ISS design; (2) replacing the 
     baselined habitation module with a commercially-developed and 
     owned inflatable structure; or (3) looking to inflatable 
     structures as potential enhancements to the ISS after 
     assembly complete. The April 1 report should contain NASA's 
     recommendation on whether or not to pursue a Transhab option.


                 title ii. international space station

       The Senate-passed bill contained a Title regarding the ISS 
     which included sections for dealing with Russian 
     contingencies and a total program funding cap. The House 
     receded to the Senate position. The Senate-passed language 
     was modified where appropriate and adopted.
     Section 201. International Space Station contingency plan
       Section 201 seeks to address concerns over the 
     International Space Station created by Russia's difficulties 
     in meeting its commitments to the International Space Station 
     (ISS) partnership. The section requires a bimonthly status 
     report on Russia's progress in meeting its obligations and a 
     notification requirement in the event of a decision to 
     replace any Russian elements in the critical path of the 
     International Space Station or Russian launch services.
       Conferees also adopted language directing the United States 
     government to seek assurances from the Russian government 
     that the latter places a higher priority on ISS than on its 
     aging Mir space station and that ISS-dedicated resources will 
     not be used to extend further Mir's orbital life. The 
     conferees are especially concerned that earlier this year 
     Russia diverted a Soyuz vehicle and two Progress vehicles 
     that were originally intended to support ISS to instead 
     service the Mir. Although the conferees applaud the 
     successful launching of the Russian Service Module and note 
     Russia's assurances that the diverted vehicles will be 
     replaced, they want to stress the importance that Congress 
     attaches to the need for Russia to fulfill all of its 
     remaining commitments to the ISS.
       The Intergovernmental Agreement (IGA), voluntarily signed 
     by each participating country, delineates the roles and 
     responsibilities of all ISS partners. The conferees maintain 
     that in the event that any International Partner willfully 
     violates any of its commitments or agreements for the 
     provision of agreed-upon Space Station hardware or related 
     goods or services, the NASA Administrator should, in a manner 
     consistent with relevant international agreements, seek a 
     commensurate reduction in the utilization rights of that 
     partner until such time as the violated commitments or 
     agreements have been fulfilled. It is important to the 
     conferees that the IGA remain equitable.
       Finally, the conferees adopted language directing the 
     Administrator to seek, in a manner consistent with relevant 
     international agreements, to reduce NASA's share of ISS 
     common operating costs as a result of any additional 
     capabilities added to the ISS through NASA's Russian Program 
     Assurance activities.
     Section 202. Cost limitations for the International Space 
         Station
       Conferees have adopted language that would place a cost 
     limitation on the International Space Station. The limitation 
     would establish a limit of $25 billion for the development of 
     ISS and $17.7 billion for the use of the Space Shuttle for 
     the assembly of the Station until the point of substantial 
     completion. Substantial completion has been defined as the 
     point when development costs comprise 5 percent or less of 
     the total ISS costs for the fiscal year. Conferees feel that 
     at this point in the program, the majority of the activities 
     are truly beyond the development phase of the project. The 
     charge against the limitation of using the Shuttle shall not 
     exceed $380 million per launch. If the actual costs are less, 
     verification and reporting requirements have been 
     established. The Administrator of NASA is required to provide 
     written notice and analysis of any changes to the limitations 
     set forth on the Station and the Shuttle program.
       Furthermore, an additional 20 percent ($5 billion for ISS 
     and $3.54 billion for the Shuttle program) has been 
     authorized to address contingencies identified within the 
     cost limitation. Within the contingencies, the conferees have 
     given NASA additional flexibility to address, through 
     additional shuttle launches, urgent threats to crew safety or

[[Page H7413]]

     the integrity of the ISS. It is expected that these 
     contingencies would provide NASA the necessary resources to 
     address any urgent situation on the Station. The conferees 
     want to emphasize the importance they attach to the safety of 
     the Space Shuttle and ISS programs. Annual reporting and 
     review requirements have also been identified and are to be 
     included as part of the budget request for each fiscal year.
     Section 203. Research on International Space Station
       The conferees note with growing concern that the gaps 
     between space-based life and microgravity research 
     opportunities are growing. Consequently, the scientific 
     disciplines associated with this research risk stagnating, 
     creating the possibility that the scientific community will 
     not be prepared to fully exploit the scientific potential of 
     the space stations. To address these concerns, Congress has, 
     for several years, provided funding for a dedicated research 
     flight aboard the Space Shuttle. As adopted in the House, 
     H.R. 1654 contained language calling for a joint study by the 
     National Research Council and the National Academy of Public 
     Administration to review the readiness of the U.S. scientific 
     community to use the space station, identify obstacles, and 
     make recommendations to ensure that the U.S. scientific 
     community is able to fully exploit the space station.
     Section 205. Space Station Research utilization and 
         commercialization management
       The conferees further note that as the International Space 
     Station approaches full assembly, NASA must begin to focus on 
     establishing an organization infrastructure capable of 
     ensuring that the International Space Station is fully and 
     effectively utilized for scientific and engineering research. 
     The conferees commend NASA for initiating a review of 
     management structures by the National Research Council's 
     Space Studies Board and Aeronautics and Space Engineering 
     Board. The National Research Council recommended that ``a 
     consortium led by a research institution or group of 
     institutions, governed by an independent board of directors, 
     managed by a strong scientific director, and guided by an 
     advisory process that is broadly representative of the 
     research community'' be charged with managing scientific 
     activities aboard ISS. The conferees further note that NASA 
     has had success with utilizing non-government organizations 
     for the operation of major scientific research programs, such 
     as the Hubble Space Telescope. Conferees are also concerned 
     about commercialization opportunities aboard the Space 
     Station. The non-government organization should ensure that 
     equitable opportunities exist for industry to participate in 
     activities. NASA should work with the Department of 
     Commerce's Office of Space Commercialization to ensure that 
     the selected non-government organization has adequate 
     expertise in this area. The conferees therefore direct NASA 
     to enter into an agreement with a non-government organization 
     that will manage the research utilization and 
     commercialization aspects of the International Space Station. 
     The non-government organization should be selected 
     competitively.


                        Title III. Miscellaneous

       The House-passed bill contained language that conferees 
     adopted as Section 304, Cost Effectiveness Calculations. The 
     provision is intended to improve the information available to 
     policymakers by directing NASA to compare the price a 
     private company would charge to provide a good or service 
     with the total cost (using full-cost accounting 
     principles) to NASA of performing the same function when 
     performing cost-effectiveness calculations. The measure 
     will help discourage the current practice of disguising a 
     program's true cost to the American taxpayer by 
     discounting the overhead and personnel costs associated 
     with the program or mission and enable NASA to make 
     rational decisions about out-sourcing certain activities. 
     The conferees note that cost-effectiveness is not the only 
     appropriate measure or factor to be considered when 
     deciding whether to out-source certain activities. NASA's 
     need to maintain a skilled workforce and its experience 
     with certain kinds of technologies often will make it 
     better-suited to perform a program or mission than a 
     lower-cost contractor. In addition, the need to meet 
     mission requirements and to avoid the assumption of 
     unacceptable program risk also need to be weighed as part 
     of the decision to out-source or not. Section 304 merely 
     directs NASA to perform cost-effectiveness calculations in 
     a certain way; it does not mandate that any decision be 
     made based on that calculation.
       Section 308 directs the Administrator to develop a plan for 
     the integration of NASA's aeronautics and space 
     transportation research and development activities. NASA has 
     already administratively moved the two activities under one 
     roof in reorganizing Code R. The conferees remain concerned 
     that NASA's aeronautics activities have suffered from a lack 
     of strategic direction and adequate funding in recent years. 
     They note, however, that NASA's traditional aeronautics 
     research activities have much to offer its space 
     transportation activities and vice versa. NASA's Hyper-X 
     vehicle, for example, has the potential to develop 
     considerable information on high-speed flight through the 
     atmosphere, while NASA's advanced cockpit development 
     activities will have applications in the development of 
     crewed space launch vehicles. It is hoped that the technology 
     integration plan will lead NASA to determine the best means 
     of fully exploiting the Space Launch Initiative funding wedge 
     against those areas of research and development that will 
     benefit both aeronautics and space transportation. Certainly, 
     bringing the skills and knowledge resident in NASA's centers 
     focused on aeronautics (Glenn Research Center, Langley 
     Research Center, and the Dryden Flight Research Center) to 
     bear on space transportation problems will benefit the Space 
     Launch Initiative. As important, NASA will be better 
     positioned to bring the lessons learned from the SLI 
     investment into its aeronautics research programs. The 
     conferees expect an integration plan to lay the groundwork 
     for strengthening aeronautics research in the United States 
     over the coming decade.
       The Senate bill contained a section prohibiting obtrusive 
     space advertising. The House bill contained no such provision 
     and the House recedes to the Senate. In adopting this 
     measure, which is section 322 in the conference report, the 
     conferees are seeking to preserve a view of the sky that 
     humanity has enjoyed since the beginning of human existence. 
     Moreover, this section will help prevent new sources of 
     interference with astronomy. The conferees note that 
     obtrusive space advertising is defined as ``advertising in 
     outer space that is capable of being recognized by a human 
     being on the surface of the Earth without the aid of a 
     telescope or other technological device,'' i.e., that which 
     is recognizable to the human eye. The provision does not 
     apply to commercial space advertising practices that are 
     common today, such as the placement of logos on commercial 
     space launch vehicles and payloads, since these symbols are 
     not visible to a terrestrial human eye without the aid of a 
     camera or some other viewing mechanism once the vehicles or 
     facilities are in orbit.
       The Senate-passed bill included two provisions related to 
     indemnification, insurance, and cross-waivers of liability. 
     Senate Section 203 provided for cross-waivers of liability 
     for U.S. ISS contractors, and Senate Section 313 expanded the 
     experimental aerospace vehicle indemnification regime to 
     include vehicles under development on or before July 31, 
     1999. Subsequent to Senate passage of H.R. 1654, the Congress 
     combined these regimes under Section 431 of Public Law 106-
     74, which establishes broad authority for NASA to enter into 
     cross-waivers of liability as part of a cooperative agreement 
     and to indemnify the developers of experimental aerospace 
     vehicles for catastrophic losses. This regime is similar to 
     the liability regime established for operational commercial 
     launch vehicles under Title 49. However, the authority for 
     operational vehicles periodically expires. The conferees 
     agreed to a provision (Section 324) which sunsets NASA's 
     broad authority on December 31, 2002. The Administration is 
     permitted to extend the termination date to September 30, 
     2005 if the Administrator determines that such an extension 
     is in the national interest.

     F. James Sensenbrenner, Jr.,
     Dana Rohrabacher,
     Dave Weldon,
     Ralph M. Hall,
     Bart Gordon,
                                Managers on the Part of the House.

     John McCain,
     Ted Stevens,
     Bill Frist,
     Fritz Hollings,
     John Breaux,
     Managers on the Part of the Senate.

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