[House Report 106-843]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-843

======================================================================



 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2000

                                _______
                                

               September 12, 2000.--Ordered to be printed

                                _______
                                

  Mr. Sensenbrenner, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 1654]

      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 management.

                        TITLE III--MISCELLANEOUS

Sec. 301. Requirement for independent cost analysis.
Sec. 302. National Aeronautics and Space Act of 1958 amendments.
Sec. 303. Commercial space goods and services.
Sec. 304. Cost effectiveness calculations.
Sec. 305. Foreign contract limitation.
Sec. 306. Authority to reduce or suspend contract payments based on 
          substantial evidence of fraud.
Sec. 307. Space shuttle upgrade study.
Sec. 308. Aero-space transportation technology integration.
Sec. 309. Definitions of commercial space policy terms.
Sec. 310. External tank opportunities study.
Sec. 311. Notice.
Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 313. Innovative technologies for human space flight.
Sec. 314. Life in the universe.
Sec. 315. Carbon cycle remote sensing applications research.
Sec. 316. Remote sensing for agricultural and resource management.
Sec. 317. 100th Anniversary of Flight educational initiative.
Sec. 318. Internet availability of information.
Sec. 319. Sense of the Congress; requirement regarding notice.
Sec. 320. Anti-drug message on Internet sites.
Sec. 321. Enhancement of science and mathematics programs.
Sec. 322. Space advertising.
Sec. 323. Aeronautical research.
Sec. 324. Insurance, indemnification and cross-waivers.
Sec. 325. Use of abandoned, underutilized, and excess buildings, 
          grounds, and facilities.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The National Aeronautics and Space 
        Administration should continue to pursue actions and 
        reforms directed at reducing institutional costs, 
        including management restructuring, facility 
        consolidation, procurement reform, and convergence with 
        defense and commercial sector systems, while sustaining 
        safety standards for personnel and hardware.
            (2) The United States is on the verge of creating 
        and using new technologies in microsatellites, 
        information processing, and space transportationthat 
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 asappropriate 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:
            (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 modificationof facilities at any 
location; and that deferral of such action until the enactment of the 
next National Aeronautics and Space Administration authorization Act 
would be inconsistent with the interest of the Nation in aeronautical 
and space activities, the Administrator may use up to $10,000,000 of 
the amounts authorized under section 103(b)(2) for each fiscal year for 
such purposes. No such funds may be obligated until a period of 30 days 
has passed after the Administrator has transmitted to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Science of the House of Representatives a written report describing 
the nature of the construction, its costs, and the reasons therefor.

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

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

SEC. 125. EARTH SCIENCE LIMITATION.

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

SEC. 126. COMPETITIVENESS AND INTERNATIONAL COOPERATION.

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

SEC. 127. TRANS-HAB.

    (a) Replacement Structure.--No funds authorized by this Act 
shall be obligated for the definition, design, procurement, or 
development of an inflatable space structure to replace any 
International Space Station components scheduled for launch in 
the Assembly Sequenceadopted 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 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 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 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.
    (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 relevantinternational 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 
                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 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.
            (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 inthe 2001-2002 academic 
year and thereafter, of age-appropriate educational materials, for use 
at the kindergarten, elementary, and secondary levels, on the history 
of flight, the contribution of flight to global development in the 20th 
century, the practical benefits of aeronautics and space flight to 
society, the scientific and mathematical principles used in flight, and 
any other related topics the Administrator considers appropriate. The 
Administrator shall integrate into the educational materials plans for 
the development and flight of the Mars plane.
    (b) Report to Congress.--Not later than October 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 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 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 
toauthorize $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 
replaceany 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 developmental 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 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 station. 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 organizational 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 informationavailable 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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