[Congressional Record (Bound Edition), Volume 145 (1999), Part 20]
[Senate]
[Pages 29015-29020]
[From the U.S. Government Publishing Office, www.gpo.gov]



                AMENDMENTS SUBMITTED ON NOVEMBER 5, 1999

                                 ______
                                 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 1999

                                 ______
                                 

                        FRIST AMENDMENT NO. 2542

  Mr. DOMENICI (for Mr. Frist) proposed an amendment to the bill (H.R. 
1654) to authorize appropriations for the National Aeronautics and 
Space Administration for fiscal year 2000, 2001, and 2002, and for 
other purposes; as follows:

       Strike all after the enacting clause and 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 for 
     Fiscal Years 2000, 2001, and 20002''.
       (b) Table of Contents--
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

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

             Subtitle B--Limitations and Special Authority

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

                 TITLE II--INTERNATIONAL SPACE STATION

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

[[Page 29016]]

                  TITLE III--MISCELLANEOUS PROVISIONS

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

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The National Aeronautics and Space Administration 
     should continue to pursue actions and reforms directed at 
     reducing institutional costs, including management 
     restructuring, facility consolidation, procurement reform, 
     personnel base downsizing, and convergence with other defense 
     and commercial sector systems, while sustaining safety 
     standards for personnel and hardware.
       (2) The National Aeronautics and Space Administration 
     should sustain its proud history as the leader of the United 
     States in basic aeronautics and space research.
       (3) The United States is on the verge of creating and using 
     new technologies in microsatellites, information processing, 
     and space launches that could radically alter the manner in 
     which the Federal Government approaches its space mission.
       (4) The Federal Government should invest in the types of 
     research and innovative technology in which United States 
     commercial providers do not invest, whole avoiding 
     competition with the activities in which United States 
     commercial providers do invest.
       (5) International cooperation in space exploration and 
     science activities serves the interest of the United States.
       (6) In participating in the National Aeronautical Test 
     Alliance, the National Aeronautics and Space Administration 
     and the Department of Defense should cooperate more 
     effectively in leveraging the mutual capabilities of these 
     agencies to conduct joint aeronautics and space missions that 
     not only improve United States aeronautics and space 
     capabilities, but also reduce the cost of conducting those 
     missions.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Aeronautics and Space 
     Administration.
       (2) Commercial provider.--The term ``Commercial provider'' 
     means any person providing space transportation services or 
     other space-related activities, the primary control of which 
     is held by persons other than a Federal, State, local, or 
     foreign government.
       (3) Critical path.--The term ``critical path'' means the 
     sequence of events of a schedule of events under which a 
     delay in any event causes a delay in the overall schedule.
       (4) Grant agreement.--The term ``grant agreement'' has the 
     meaning given that term in section 6302(2) of title 31, 
     United States Code.
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     such term in section 1201(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1141(a)).
       (6) Major reorganization.--With respect to the National 
     Aeronautics and Space Administration, the term ``major 
     reorganization'' means any reorganization of the 
     Administration that involves the reassignment of more than 25 
     percent of the employees of the National Aeronautics and 
     Space Administration.
       (7) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, and any other commonwealth, territory, or possession 
     of the United States.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

     SEC. 101. INTERNATIONAL SPACE STATION.

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

     SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.

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

     SEC. 103. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

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

[[Page 29017]]

       (iv) $50,000,000 shall be used for ultra-efficient engine 
     technology;
       (E) $431,044,000 for mission communications services;
       (F) $137,917,000 for academic programs; and
       (G) $280,000,000 for future planning (space launch).

     SEC. 104. MISSION SUPPORT.

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

     SEC. 105. INSPECTOR GENERAL.

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

     SEC. 106. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

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

             Subtitle B--Limitations and Special Authority

     SEC. 111. USE OF FUNDS FOR CONSTRUCTION.

       (a) Authorized Uses.--Funds made available by 
     appropriations under section 101, paragraphs (1)(A), (1)(B), 
     (2)(A), (2)(B), (3)(A), and (3)(B) of section 102, section 
     103, and paragraphs (1)(A), (1)(B), (2)(A), and (2)(B) of 
     section 104 and funds made available by appropriations for 
     research operations support pursuant to section 104 may, at 
     any location in support of the purposes for which such funds 
     are appropriated, be used for--
       (1) the construction of new facilities; and
       (2) additions to, repair of, rehabilitation of, or 
     modification of existing facilities (in existence on the date 
     on which such funds are made available by appropriation).
       (b) Limitation.--
       (1) In general.--Until the date specified in paragraph (2), 
     no funds may be expended pursuant to subsection (a) for a 
     project, with respect to which the estimated cost to the 
     National Aeronautics and Space Administration, including 
     collateral equipment, exceeds $1,000,000.
       (2) Date.--The date specified in this paragraphs is the 
     date that is 30 days after the Administrator notifies the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science of the House of 
     Representatives of the nature, location, and estimated cost 
     to the National Aeronautics and Space Administration of the 
     project referred to in paragraph (1).
       (c) Title to Facilities.--
       (1) In general.--If funds are used pursuant to subsection 
     (a) for grants for the purchase or construction of additional 
     research facilities to institutions of higher education, or 
     to nonprofit organizations whose primary purpose is the 
     conduct of scientific research, title to these facilities 
     shall be vested in the United States.
       (2) Exception.--If the Administrator determines that the 
     national program of aeronautical and space activities will 
     best be served by vesting title to a facility referred to in 
     paragraph (1) in an institution or organization referred to 
     in that paragraph, the title to that facility shall vest in 
     that institution or organization.
       (3) Condition.--Each grant referred to in paragraph (1) 
     shall be made under such conditions as the Administrator 
     determines to be necessary to ensure that the United States 
     will receive benefits from the grant that are adequate to 
     justify the making of the grant.

     SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

     SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

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

     SEC. 114. CONSIDERATION BY COMMITTEES.

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

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

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

                 TITLE II--INTERNATIONAL SPACE STATION.

     SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

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

[[Page 29018]]

     the International Space Station. Such report shall also 
     include a statement of the Administrator's judgment 
     concerning Russia's ability to perform work anticipated and 
     required to complete the International Space Station before 
     the next report under this subsection.
       (d) Decision on Russian Critical Path Items.--The President 
     shall notify Congress within 90 days of enactment of this Act 
     of the decision on whether or not to proceed with permanent 
     replacement of the Russian Service Module, other Russian 
     elements in the critical path of the International Space 
     Station, or Russian launch services. Such notification shall 
     include the reasons and justifications for the decision and 
     the costs associated with the decision. Such decision shall 
     include a judgment of when the assembly of the International 
     Space Station will be completed. If the President decides to 
     proceed with a permanent replacement for the Russian Service 
     Module or any other Russian element in the critical path or 
     Russian launch service, the President shall notify Congress 
     of the reasons and the justification for the decision to 
     proceed with the permanent replacement, and the costs 
     associated with the decision.

     SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION

       (a) Limitation of Costs.--Except as provided in subsection 
     (c), the total amount appropriated for--
       (1) costs of the International Space Station through 
     completion of assembly may not exceed $21,900,000,000; and
       (2) space shuttle launch costs in connection with the 
     assembly of the International Space Station through 
     completion of assembly may not exceed $17,700,000,000 
     (determined at the rate of $380,000,000 per space shuttle 
     flight).
       (b) Costs to Which Limitation Applies.--
       (1) Development costs.--The limitation imposed by 
     subsection (a)(1) does not apply to funding for operations, 
     research, and crew return activities subsequent to 
     substantial completion of the International Space Station.
       (2) Launch costs.--The limitation imposed by subsection 
     (a)(2) does not apply to space shuttle launch costs in 
     connection with operations, research, and crew return 
     activities subsequent to substantial completion of the 
     International Space Station.
       (3) Substantial completion.--For purposes of this 
     subsection, the International Space Station is considered to 
     be substantially completed when the development costs 
     comprise 5 percent or less of the total International Space 
     Station costs for the fiscal year.
       (c) Automatic Increase of Limitation Amount.--The amounts 
     set forth in subsection (a) shall each be increased to 
     reflect any increase in costs attributable to--
       (1) economic inflation;
       (2) compliance with changes in Federal, State, or local 
     laws enacted after the date of enactment of this Act;
       (3) the lack of performance or the termination of 
     participation of any of the International countries 
     participating in the International Space Station; and
       (4) new technologies to improve safety, reliability, 
     maintainability, availability, or utilization of the 
     International Space Station, or to reduce costs after 
     completion of assembly, including increases in costs for on- 
     orbit assembly sequence problems, increased ground testing, 
     verification and integration activities, contingency 
     responses to on-orbit failures, and design improvements to 
     reduce the risk of on-orbit failures.
       (d) Notice of Changes.--The Administrator shall provide 
     with each annual budget request a written notice and analysis 
     of any changes under subsection (c) to the amounts set forth 
     in subsection (a) to the Senate Committees on Appropriations 
     and on Commerce, Science, and Transportation and to the House 
     of Representatives Committees on Appropriations and on 
     Science. The written notice shall include--
       (1) an explanation of the basis for the change, including 
     the costs associated with the change and the expected benefit 
     to the program to be derived from the change; and
       (2) an analysis of the impact on the assembly schedule and 
     annual funding estimates of not receiving the requested 
     increases.
       (e) Reporting and Review.--
       (1) Identification of costs.--
       (A) Space shuttle.--As part of the over-all space shuttle 
     program budget request for each fiscal year, the 
     Administrator shall identify separately the amounts of the 
     requested funding that are to be used for completion of the 
     assembly of the International Space Station.
       (B) International space station.--As part of the overall 
     International Space Station budget request for each fiscal 
     year, the Administrator shall identify the amount to be used 
     for development of the International Space Station.
       (2) Accounting for cost limitations.--As part of the annual 
     budget request to the Congress, the Administrator shall 
     account for the cost limitations imposed by subsection (a).
       (3) Verification of accounting.--The Administrator shall 
     arrange for a verification, by the General Accounting Office, 
     of the accounting submitted to the Congress within 60 days 
     after the date on which the budget request is transmitted to 
     the Congress.
       (4) Inspector general.--Within 60 days after the 
     Administrator provides a notice and analysis to the Congress 
     under subsection (d), the Inspector General of the National 
     Aeronautics and Space Administration shall review the notice 
     and analysis was provided.

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

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

                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 
                   AMENDMENTS.

       (a) Declaration of Policy and Purpose.--Section 102 of the 
     National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) 
     is amended--
       (1) by striking subsection (f);
       (2) by redesignating subsections (g) and (h) as subsection 
     (f) and (g), respectively; and
       (3) in subsection (g), as redesignated by paragraph (1) of 
     this subsection, by striking ``(f) and (g)'' and inserting 
     ``and (f)''.
       (b) Reports to Congress.--Section 206(a) of the National 
     Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is 
     amended--
       (1) by striking ``January'' and inserting ``May''; and
       (2) by striking ``calendar'' and inserting ``fiscal''.
       (c) Disclosure of Technical Data.--Section 303 of the 
     National Aeronautics and Space Act of 1958 (42 U.S.C. 2454) 
     is amended by adding at the end the following new subsection:
       ``(c) The Administrator may delay for a period not to 
     exceed 5 years after development,

[[Page 29019]]

     the unrestricted public disclosure of technical data that 
     would have been a trade secret or commercial or financial 
     information that is privileged or confidential under the 
     meaning of section 552(b)(4) of title 5, United States Code, 
     if the information had been obtained from a non-Federal 
     party, in any case in which the technical data is generated 
     in the performance of experimental, developmental, or 
     research activities or programs conducted by, or funded in 
     whole or in part by, the Administration. The technical data 
     referred to in the preceding sentence shall not be subject to 
     the disclosure requirements of section 552 of title 5, United 
     States Code.''.

     SEC. 302. USE OF EXISTING FACILITIES.

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

     SEC. 303. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS 
                   BASED ON SUBSTANTIAL EVIDENCE OF FRAUD.

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

     SEC. 304. NOTICE.

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

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

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

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

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

     SEC. 307. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

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

     SEC. 308. AUTHORITY TO VEST TITLE.

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


``AUTHORITY TO VEST TITLE TO TANGIBLE PERSONAL PROPERTY FOR RESEARCH OR 
                         TECHNOLOGY DEVELOPMENT

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

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

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

     SEC. 310. SPACE ADVERTISING.

       (a) Definition.--Section 70102 of title 49, United States 
     Code, is amended--
       (1) by redesignating paragraphs (8) through (16) as 
     paragraphs (9) through (17), respectively; and

[[Page 29020]]

       (2) by inserting after paragraph (7) the following:
       ``(8) `obtrusive space advertising' means advertising in 
     outer space that is capable of being recognized by a human 
     being on the surface of the Earth without the aid of a 
     telescope or other technological device.''.
       (b) Prohibition.--Chapter 701 of title 49, United States 
     Code, is amended by inserting after section 70109 the 
     following new section:

     ``Sec. 70109a. Space advertising

       ``(a) Licensing.--Notwithstanding the provisions of this 
     chapter or any other provision of law, the Secretary may not, 
     for the launch of a payload containing any material to be 
     used for the purposes of obtrusive space advertising--
       ``(1) issue or transfer a license under this chapter; or
       ``(2) waive the license requirements of this chapter.
       ``(b) Launching.--No holder of a license under this chapter 
     may launch a payload containing any material to be used for 
     purposes of obtrusive space advertising on or after the date 
     of enactment of the National Aeronautics and Space 
     Administration Authorization Act for Fiscal Year 2000.
       ``(c) Commercial Space Advertising.--Nothing in this 
     section shall apply to nonobtrusive commercial space 
     advertising, including advertising on--
       ``(1) commercial space transportation vehicles;
       ``(2) space infrastructure, payloads;
       ``(3) space launch facilities; and
       ``(4) launch support facilities.''.
       (c) Negotiation With Foreign Launching Nations.--
       (1) The President is requested to negotiate with foreign 
     launching nations for the purpose of reaching 1 or more 
     agreements that prohibit the use of outer space for obtrusive 
     space advertising purposes.
       (2) It is the sense of Congress that the President should 
     take such action as is appropriate and feasible to enforce 
     the terms of any agreement to prohibit the use of outer space 
     for obtrusive space advertising purposes.
       (3) As used in this subsection, the term ``foreign 
     launching nation'' means a nation--
       (A) that launches, or procures the launching of, a payload 
     into outer space; or
       (B) from the territory or facility of which a payload is 
     launched into outer space.
       (d) Clerical Amendment.--The table of sections for chapter 
     701 is amended by inserting after the item relating to 
     section 70109 the following:
``70109a. Space advertising.''.

     SEC. 311. AUTHORITY TO LICENSE NASA-DEVELOPED SOFTWARE

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

     SEC. 312. CARBON CYCLE REMOTE SENSING TECHNOLOGY.

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

     SEC. 313. INDEMNIFICATION AND INSURANCE.

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

                          ____________________