[Senate Report 106-77]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 155
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-77
_______________________________________________________________________

                                     

                                                       Calendar No. 155

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT, FISCAL 
                       YEARS 2000, 2001, AND 2002

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 342



                                     

                 June 16, 1999.--Ordered to be printed


                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
69-010                     WASHINGTON : 1999



       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                       one hundred sixth congress

                             first session

                     JOHN McCAIN, Arizona, Chairman

TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi              Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine                 JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia

                       Mark Buse, Staff Director

                  Martha P. Allbright, General Counsel

     Ivan A. Schlager, Democratic Chief Counsel and Staff Director

                Kevin Kayes, Democratic General Counsel

                                  (ii)
                                                       Calendar No. 155
106th Congress                                                   Report
                                 SENATE
 1st Session                                                     106-77

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



 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT, FISCAL 
                       YEARS 2000, 2001, AND 2002

                                _______
                                

                 June 16, 1999.--Ordered to be printed

                                _______


       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 342]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 342), ``A bill to authorize 
appropriations to the National Aeronautics and Space 
Administration for fiscal years 2000, 2001, and 2002, and for 
other purposes'', having considered the same, reports favorably 
thereon with amendments and recommends that the bill as amended 
do pass.

                          Purpose of the Bill

    The purpose of the bill as reported is to authorize 
appropriations for the National Aeronautics and Space 
Administration (NASA) totaling $13,583,400,000 for fiscal year 
(FY) 2000, $13,967,471,000 for FY 2001, and $14,214,256,720 for 
FY 2002 as follows:


------------------------------------------------------------------------
       Fiscal Year 2000                 Committee Authorization
------------------------------------------------------------------------
International Space Station..  $2,282,700,000
Launch Vehicle and Payload     $3,180,300,000
 Operations.
Science, Aeronautics, and      $5,604,700,000
 Technology.
Mission Support..............  $2,494,900,000
Inspector General............     $20,800,000
------------------------------------------------------------------------



------------------------------------------------------------------------
       Fiscal Year 2001                 Committee Authorization
------------------------------------------------------------------------
International Space Station..  $2,328,000,000
Launch Vehicle and Payload     $3,279,959,000
 Operations.
Science, Aeronautics, and      $5,768,341,000
 Technology.
Mission Support..............  $2,569,747,000
Inspector General............     $21,424,000
------------------------------------------------------------------------



------------------------------------------------------------------------
       Fiscal Year 2002                 Committee Authorization
------------------------------------------------------------------------
International Space Station..  $2,091,000,000
Launch Vehicle and Payload     $3,387,458,000
 Operations.
Science, Aeronautics, and      $6,066,892,000
 Technology.
Mission Support..............  $2,646,840,000
Inspector General............     $22,066,720
------------------------------------------------------------------------

                          Background and Needs

  In the past, the main challenges NASA faced were 
technological. Today, NASA faces a new set of challenges which 
are budgetary as well as technical, but no less challenging 
than the Apollo missions to the Moon.
  Over the last several years NASA has conducted a 
comprehensive review of its entire operation to identify 
potential areas for cost savings, has begun new technology 
programs to reduce the cost of access to space and of space 
science and exploration missions, and has committed the agency 
to reducing its workforce from 25,000 full time equivalents 
(FTE) to fewer than 18,000 by the end of FY 2000. There is 
broad appreciation for the difficulty in making these budget 
cuts while at the same time fulfilling a commitment to major 
multi-billion-dollar initiatives like the International Space 
Station and Earth Science.
  To successfully meet these new budget and program challenges, 
NASA cannot settle for marginal changes, but must reassess its 
traditional ways of doing business. In carrying out its goals 
and missions, NASA will need, when feasible and practical, to 
increase its use of cost-sharing partnerships with industry, 
academia, and non-federal entities, and with other space-faring 
nations when those partnerships are cost-effective and provide 
enhancement. The agency should also explore in greater depth 
possibilities for privatizing those activities that can be more 
cost-effectively performed by the private sector and strengthen 
its commitment to purchasing goods and services on a commercial 
basis when economically feasible to the taxpayer. NASA should 
further explore all possibilities of using small business as a 
means of reducing costs and improving efficiencies.
  Equally important in justifying its budget, NASA must make 
special efforts to ensure that its missions and programs are 
relevant to both the individuals and interests directly 
involved, as well as the general public. For instance, the 
research conducted through NASA's Earth Science program, if 
managed properly, has the potential to provide amounts of 
information that would be beneficial to the public in such 
diverse areas as agriculture, forestry, mineral exploration, 
water resource management, and land-use planning. Similarly, 
NASA's space education and outreach activities like the 
Experimental Program to Stimulate Competitive Research, the 
Teacher Resource Centers, and the Space Grant Program have 
proven very effective in giving citizens of all ages and 
backgrounds, as well as a broad range of government, private 
sector, and academic institutions, a stake in the U.S. space 
program and our ongoing technological revolution. NASA should 
continue to maintain these important education and outreach 
activities.
  As NASA addresses these and other budgetary and programmatic 
challenges, it is important that safety continue to be a top 
priority. Technological risk is an unavoidable necessity as we 
move our space program forward. Safety should continue to be a 
top priority out of concern for the lives of the people who 
make the U.S. space program a success. Risk assessment and 
management will take on increasing importance as NASA continues 
the assembly of the International Space Station. This effort 
will require astronauts to perform an unprecedented number of 
spacewalks to build, maintain, and operate the International 
Space Station and will force the Space Shuttle Program to 
satisfy unusually high launch demands.
  This authorization legislation for FY 2000, FY 2001, and FY 
2002 is intended to provide the agency with the funding and 
policy guidance to maintain a robust and balanced space program 
in this environment. Adequate funding along with sound fiscal 
management by NASA are critical components to the future 
success of the agency.

                          Legislative History

  On February 1, 1999, the Administration submitted its FY 2000 
budget request for NASA to the Congress. The Subcommittee on 
Science, Technology, and Space held an oversight hearing, 
chaired by Senator Frist, on April 29, 1999 to discuss the FY 
2000 budget and programs of NASA, at which time testimony was 
heard from NASA Administrator Daniel S. Goldin; Mr. Allen Li, 
Associate Director, National Security and International 
Affairs, U.S. General Accounting Office; and Ms. Roberta Gross, 
Inspector General, NASA.
  On February 3, 1999, Senator Frist, along with Senators 
McCain and Burns introduced S. 342, a bill to authorize 
appropriations for NASA for FY 2000, FY 2001, and FY 2002. On 
May 5, 1999, the Committee met in executive session and, on a 
voice vote, ordered the bill, as amended, reported.

                      Summary of Major Provisions

  For FY 2000, the bill, as reported, authorizes a total of 
$13,583,400,000 for NASA.
  For FY 2001, the bill, as reported, authorizes a total of 
$13,967,471,000 for NASA.
  For FY 2002, the bill, as reported, authorizes a total of 
$14,214,256,720 for NASA.
  For FY 2000, the $13,583,400,000 authorized for NASA is 
allocated among its major accounts as follows: $2,282,700,000 
for the International Space Station; $3,180,300,000 for Launch 
Vehicle and Payload Operations; $5,604,700,000 for Science, 
Aeronautics, and Technology; $2,494,900,000 for Mission 
Support; and $20,800,000 for the Office of the Inspector 
General (OIG).
  For FY 2001, the $13,967,471,000 authorized for NASA is 
allocated among its major accounts as follows: $2,328,000,000 
for the International Space Station; $3,279,959,000 for Launch 
Vehicle and Payload Operations; $5,768,341,000 for Science, 
Aeronautics, and Technology; $2,569,747,000 for Mission 
Support; and $21,424,000 for the OIG.
  For FY 2002, the $14,214,256,720 authorized for NASA is 
allocated among its major accounts as follows: $2,091,000,000 
for the International Space Station; $3,387,458,000 for Launch 
Vehicle and Payload Operations; $6,066,892,000 for Science, 
Aeronautics, and Technology; $2,646,840,000 for Mission 
Support; and $22,066,720 for the OIG.
  The FY 2000 levels are consistent with the President's budget 
request with the following exceptions: a reduction of $200 
million for the International Space Station account; an 
increase of $30 million for the Academic Programs; an increase 
of $25 million for additional Shuttle upgrades; and an increase 
of $150 million for a new Future Planning category under the 
Science, Aeronautics, and Technology account. This Space 
Station reduction eliminates the funding requested under the 
Russian Program Assurance activities account.
  The FY 2001 and FY 2002 levels represent a 3 percent increase 
over the previous year's amount except with respect to the 
International Space Station, Space Shuttle Upgrades, and Future 
Planning. The International Space Station has been authorized 
in accordance with NASA outyear projections for FY 2001 and FY 
2002. The Space Shuttle Upgrades have been increased by $42 
million and $24 million for FY 2001 and FY2002, respectively. 
The Future Planning was held constant for FY 2001 and increased 
by $130 million for FY 2002.

International Space Station

  The reported bill contains a limitation on the development 
costs for the International Space Station. The cost cap 
language provides NASA with additional funding for Space 
Station development and allows for additional Space Shuttle 
flights by exempting certain activities at the point when 
research, operating and crew return vehicles activities' costs 
comprise more than 95 percent of the annual funding for the 
Station. At this point in the program, the majority of the 
activities are truly beyond the development phase of the 
project. The Administrator is required to provide, as part of 
the annual budget request, a written notice of any changes to 
the cost limitations based on the exclusions set forth in the 
bill. This notice shall also include explanation of the basis 
of the change, including the costs associated with the change 
and the expected benefit to the program, and an assessment of 
the impact on the assembly schedule and future funding 
estimates. According to NASA, the recent cost increases on the 
Space Station falls within the exclusions outlined in the cost 
cap language.
  The reported bill provides for liability cross-waivers for 
the Space Station. The provision authorizes, but does not 
require, NASA to enter into agreements with any cooperating 
party participating in the Space Station program whereby all 
involved parties agree to take the risk of damage for their own 
assets and agree not to sue other parties to the agreement for 
such damage. These cross waivers would not apply in cases of 
sabotage or other deliberate and willful acts.
  The reported bill authorizes $2,282,700,000 for FY 2000, 
$2,328,000,000 for FY 2001, and $2,091,000,000 for FY 2002 for 
the International Space Station.
  Funding levels for the International Space Station for FY 
2001 and FY 2002 are provided at levels equal to the 
requirements stated in the Administration's FY 2000 budget 
request.

Launch Vehicle and Payload Operations

  The reported bill would authorize $3,180,300,000 for the 
Launch Vehicle and Payload Operations program for FY 2000 which 
includes the Space Shuttle Operation and Space Shuttle Safety 
and Performance upgrades. $3,279,959,000 is authorized for FY 
2001, and $3,387,458,000 is authorized for FY 2002. This 
account includes funding for Space Shuttle Operations, Space 
Shuttle Safety and Operations, and Payload and Utilization 
Operations. Funding for Space Shuttle Operations would include 
hardware production, ground processing, launch and landing, 
mission operations, flight crew operations, training, 
logistics, and sustaining engineering. Funding for Space 
Shuttle Safety and Performance Upgrades would provide for 
modifications and improvements to the flight elements and 
ground facilities, including expansion of safety and operating 
margins and enhancement of Space Shuttle capabilities as well 
as the replacement of obsolete systems. Funding for Payload and 
Utilization Operations also supports the processing and flight 
of Shuttle payloads and NASA payloads on Expendable Launch 
Vehicles (ELV) to ensure maximum return on research investment, 
efforts to reduce operations costs, and the implementation of 
flight and ground systems improvements, and support strategic 
investments in advanced technology needed to meet future 
requirements.

Space Science

  The reported bill would authorize $2,196,600,000 for FY 2000, 
$2,262,498,000 is authorized for FY 2001, and $2,330,373,000 
for FY 2002. The funding level will permit a continuation of 
NASA's ongoing space science activities in physics, astronomy, 
and planetary exploration, including Thermosphere, Ionosphere, 
Mesosphere, Energetics and Dynamics (TIMED), the Relativity 
Mission, the Gravity Probe-B (GPB) program, the Explorer 
program, the Hubble Space telescope, the Discovery program, the 
Mars Surveyor mission, the Stratospheric Observatory for 
Infrared Astronomy (SOFIA), and the Space Infrared Telescope 
Facility (SIRTF). The bill would also support the budget 
request for the New Millennium program, an important initiative 
to develop technologies that will enable more frequent and less 
costly space missions on smaller spacecraft.

Life and Microgravity Sciences and Applications

  The reported bill would authorize $256,200,000 for FY 2000, 
$263,886,000 for FY 2001, and $271,803,000 for FY 2002 for the 
life and microgravity sciences and applications program. The 
purpose of this program is to use the space environment to 
better understand the response of biological and materials 
systems to weightlessness. The authorized levels will support 
continuation of NASA's ongoing research in the space 
biological, physical, and chemical sciences, and related work 
in technology development and applications.

Earth Science

  The reported bill would authorize $1,459,100,000 for FY 2000, 
$1,502,873,000 for FY 2001, and $1,547,959,000 for FY 2002 to 
fully fund the Earth Science Program, NASA's effort to employ 
the latest satellite technology to understand and predict the 
global climate trends, and human impacts on the environment, 
that affect our daily lives. The Earth Science program is 
NASA's contribution to the multi-agency U.S. Global Change 
Research Program. The authorized amount assumes full funding 
for each of the program's main components including: the Earth 
Observing System (and Landsat), the Earth Observing System Data 
and Information System, Earth Probes, and research and data 
analysis.

Aeronautics and Space Transportation Technology

  The reported bill authorizes $1,006,500,000 for FY 2000, 
$1,036,695,000 for FY 2001, and $1,067,796,000 for FY 2002. 
This account provides for funding for three programs: (1) 
Aeronautical Research and Technology; (2) Advanced Space 
Transportation Technology; and (3) Commercial Technology.
  For the Aeronautical Research and Technology program, the 
reported bill would authorize the FY 2000 requested level of 
620,000,000. No specific funding level is being stipulated for 
FY 2001 and FY 2002, thus providing NASA with the necessary 
flexibility to ascertain the appropriate level. This program is 
dedicated to ensuring U.S. leadership in aeronautics and 
promoting and facilitating the transfer of aeronautics 
technology to industry and government agencies such as the 
Department of Defense and the Federal Aviation Administration 
in order to promote better civilian and military aircraft and a 
safer national air space system. The authorized level will 
support continuation of the baseline program, including its 
subsonic, high-speed, and hypersonic research activities. The 
Aviation Safety Program is authorized at a level of $60,000,000 
for FY 2000.
  For the Advanced Space Transportation Technology program, the 
reported bill would authorize $254,000,000 for FY 2000. No 
specific funding level is stipulated for FY 2001 and FY 2002, 
in order to provide NASA with flexibility to ascertain the 
appropriate level. NASA's Advanced Space Transportation 
Technology program is intended to stimulate the development of 
advanced space technologies to improve U.S. industrial 
competitiveness. Included within the authorization is the 
Reusable Launch Vehicle (RLV) program. The RLV program is aimed 
at developing and flight testing the fully reusable 
technologies that may lead to the eventual development of a 
replacement for the Space Shuttle. Incorporated withinthe RLV 
effort are two separate but related experimental flight demonstrator 
programs: the X-34 Small Reusable Launch Vehicle and the X-33 Advanced 
Technology Demonstrator. It is anticipated that these activities will 
develop the key component technologies needed to make dramatic 
reductions in the cost of access to space. Both programs are expected 
to make their initial test flights during FY 2000.
  For the Commercial Technology program, the reported bill 
would authorize $132,500,000 for FY 2000. No specific funding 
level is stipulated for FY 2001 and FY 2002, in order to 
provide NASA with flexibility to ascertain the appropriate 
level. NASA's Commercial Technology Program is to share the 
technology program results with the United States industrial 
community. The technology commercialization program is intended 
to assure that NASA's technology developments contribute to a 
significant improvement in the quality of American life and an 
increase in America's international competitiveness.

Mission Communications Services

  The reported bill would authorize Mission Communications 
Services at the President's FY 2000 budget request level of 
$406,300,000. This authorized level will provide sufficient 
support for NASA's vast ground and space-based communications 
systems, which are essential to every NASA space mission. 
$418,489,000 is authorized for FY 2001 and $431,044,000 is 
authorized for FY 2002, which provides a modest 3 percent 
increase for this activity.

Academic Programs

  The reported bill would authorize NASA's Academic Programs at 
$130,000,000 for FY 2000, $133,900,000 for FY 2001, and 
$137,917,000 for FY 2002. For FY 2000, the authorized amount is 
$30,000,000 above the President's request, providing for 
enhanced education programs, at the K-12 level, at Historically 
Black Colleges and Universities and other minority-serving 
institutions, and through the Experimental Program to Stimulate 
Competitive Research (EPSCoR). NASA's Academic Programs have 
played an important role in sustaining U.S. academic 
achievement in mathematics and science and strengthening 
mathematics and science education at all levels, from pre-
college through graduate school. Within the total 
authorization, $10,000,000 is allocated for EPSCoR in FY 2000, 
$15,000,000 for FY 2001, and $20,000,000 for FY 2002. NASA's 
EPSCoR is a critical source of funds for important academic 
space science research being conducted in our rural states.

Future Planning (Space Launch)

  The reported bill would authorize $150,000,000 for FY 2000 
and FY 2001 and $280,000,000 for FY 2002 for Future Planning 
(Space Launch). This authorized level would begin a long-term 
technology development program intended to reduce space launch 
costs by 100-fold from the current level of approximately 
$10,000 per pound. Under the reported bill, the program would 
begin in FY 2000 rather than FY 2001 as planned by the 
Administration.

Mission Support

  The reported bill would authorize Mission Support at the FY 
2000 budget request of $2,494,900,000, $2,569,747,000 for FY 
2001, and $2,646,839,000 for FY 2002. This program includes 
safety, mission assurance, engineering, and advanced concepts; 
space communications systems; research and program management; 
and construction of facilities.
  Funding for Safety, Reliability, and Quality Assurance is 
designed to develop and implement risk management practices 
throughout NASA.
  The Space Communications Systems account supports the 
tracking, telemetry, data acquisition, and data processing 
activities for all NASA spacecraft. Included among these 
activities is the Tracking and Data Relay Satellite (TDRS) 
program, which provides operational support for NASA and other 
domestic and international users of NASA's Space Network for 
space communications purposes. The funding level also supports 
the TDRS replenishment program to develop a new series of 
tracking satellites.
  The authorization for Research and Program Management funds 
the salaries, travel expenses, and other administrative 
expenses for NASA's personnel.
  The Construction of Facilities activity funds the repair and 
upgrade of existing facilities and the construction of new 
facilities.

Inspector General

  The reported bill would authorize the OIG at $20,800,000 for 
FY 2000, $21,424,000 for FY 2001, and $22,066,720 for FY 2002. 
The OIG is a statutorily-created independent organization 
within NASA charged with investigating cases of fraud, waste, 
and abuse at the agency.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 25, 1999.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 342, the National 
Aeronautics and Space Administration Authorization Act for 
Fiscal Year 2000, 2001, and 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Kathleen 
Gramp (for federal costs), Lisa Cash Driskill (for the state 
and local impact), and Jean Wooster (for the private-sector 
impact).
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 342--National Aeronautics and Space Administration Authorization Act 
        for Fiscal Years 2000, 2001, and 2002

    Summary: S. 342 would authorize appropriations for the 
National Aeronautics and Space Administration (NASA) for fiscal 
years 2000 through 2002 and establish federal policies related 
to those activities. The bill would authorize the agency to 
sign mutual waivers of liability with domestic entities for 
activities associated with the space station under certain 
terms and conditions. It also would authorize NASA to convey 
property acquired under cooperative agreements to participants 
in those agreements. NASA would have to prepare several reports 
related to the space station, including an annual report on the 
station's costs that would have to be verified by the General 
Accounting Office (GAO). Other provisions would affect NASA's 
acquisition of data from commercial vendors, procurement 
practices, data disclosure, and use of surplus federal 
property. Finally, S. 342 would prohibit the launch of any 
payload with obtrusive space advertising by existing and 
prospective licensees of commercial space transportation 
systems.
    CBO estimates that appropriation of the specified amounts 
would result in additional discretionary spending of $41.5 
billion over the 2000-2004 period. Implementing S. 342 could 
affect direct spending and receipts; therefore, pay-as-you-go 
procedures would apply, CBO estimates, however, that any such 
effects would not be significant over the next five years.
    S. 342 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments. The bill would 
impose a new private-sector mandate, but CBO estimates that the 
cost of this mandate would not exceed the statutory threshold 
established by UMRA ($100 million in 1996, adjusted annually 
for inflation).
    Estimated cost to the Federal Government: CBO estimates 
that implementing S. 342 would increase discretionary spending 
by a total of $41.5 billion over the 2000-2004 period, assuming 
appropriation of the authorized amounts. Authorizing mutual 
waivers of liability for the space station and allowing NASA to 
convey tangible property under cooperative agreements could 
each affect direct spending, but in both cases we estimate that 
the budgetary effects would not be significant over the 2000-
2004 period. Provisions barring the licensing of space payloads 
with obtrusive advertising could affect receipts, but we 
estimate that the effects would not be significant. The 
estimated budgetary impact of S. 342 is shown in the following 
table. The costs of this legislation fall within budget 
functions 250 (general science, space, and technology) and 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal years, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        1999      2000      2001      2002      2003      2004
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NASA Spending Under Current Law:
    Budget Authority \1\............................    13,665         0         0         0         0         0
    Estimated Outlays...............................    13,670     5,195       718       285         0         0
Proposed Changes:
    Authorization Level.............................         0    13,583    13,967    14,214         0         0
    Estimated Outlays...............................         0     8,417    13,138    13,843     5,415       717
NASA Spending Under S. 342:
    Authorization Level \1\.........................    13,665    13,583    13,967    14,214         0         0
    Estimated Outlays...............................    13,670    13,612    13,856    14,128     5,415       717
----------------------------------------------------------------------------------------------------------------
\1\ The 1999 level is the amount appropriated for that year.

Basis of estimate

            Spending subject to appropriation
    For the purposes of this estimate, CBO assumes that 
appropriations will be provided near the beginning of each 
fiscal year and that outlays will follow NASA's historical 
spending patterns. CBO estimates that GAO's cost to review 
NASA's accounting of space station costs would not be 
significant. The provisions regarding cross-waivers of 
liability and the conveyance of property under cooperative 
agreements could affect discretionary spending,as explained 
below, but CBO expects that any such effects would not be significant 
over the 2000-2004 period.
            Direct spending (including offsetting receipts)
    Cross-waivers of Liability. Affirming NASA's authority to 
enter into reciprocal waivers of liability could affect direct 
spending because it would limit certain claims filed by or 
against the federal government in the event of an accident or 
other incident involving the space station. According to NASA, 
this waiver authority would primarily involve potential users 
of the space station, such as scientific researchers or 
commercial companies that may want to send payloads or 
personnel on the space station. Under such cross-waivers, the 
federal government would pay for losses or damages to federal 
employees or property, and the cooperating parties would pay 
for any losses or damages to their employees or property, 
regardless of who is responsible for the losses.
    From a budgetary perspective, such cross-waivers would 
preclude the collection of offsetting receipts (a credit 
against direct spending) in cases where the government 
otherwise would sue another party and collect damages. At the 
same time, these cross-waivers would preclude federal payments 
(which could be mandatory or discretionary spending) to other 
parties in cases where the federal government otherwise would 
be liable for damages. Because the space station will be a 
first-of-a-kind vehicle, CBO has no basis for predicting 
whether any incidents involving claims will occur or, if an 
incident did occur, whether this provision would result in a 
net cost or savings to the federal government relative to 
current law. NASA considers the risk of such incidents to be 
very low because of the safety and quality controls that will 
be imposed on all materials and experiments used on the space 
station. CBO estimates that the budgetary effects of this 
provision, if any, would not be significant until after the 
space station becomes operational, which under NASA's current 
plans will not be until fiscal year 2004.
    Property Conveyance. Provisions allowing NASA to convey 
tangible property to a participant in a cooperative agreement 
could result in a loss of offsetting receipts from the sale of 
surplus property, but CBO estimates that such costs would not 
be significant over the 2000-2004 period. Under current policy, 
such property is jointly owned unless otherwise specified in 
the agreement. If the government has an ownership right, 
disposal is governed by federal acquisition laws and 
regulations, which may result in any surplus property being 
sold to the private sector. According to NASA officials, 
cooperative agreements usually do not involve much tangible 
property, although there are exceptions, such as the 
cooperative agreement for the X-33, a prototype vehicle to be 
used to test technologies for a reusable launch vehicle. CBO 
expects that any loss of offsetting receipts resulting from 
this provision would not be significant until after 2004 
because of the time involved in completing research and 
disposing of surplus property. In the long run, the cost of 
this provision would depend on the uses and value of the 
property involved in future cooperative agreements.
    Such conveyances could reduce NASA's cash contribution to a 
cooperative agreement if the participant would receive property 
that has value. However, a reduction in NASA's contribution 
would reduce discretionary spending only if appropriations were 
reduced by the amount of any savings.
            Receipts
    Violations of the prohibition on obtrusive space 
advertising could result in the collection of civil penalties, 
but CBO estimates that any additional receipts would not be 
significant. The Department of Transportation has never 
collected a penalty for a violation of the licensing and 
related requirements of the commercial space transportation 
program.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending and receipts. While 
several provisions could affect direct spending or receipts, 
CBO estimates that these effects would not be significant over 
the 2000-2004 period.
    Estimated impact on State, local, and tribal governments: 
S. 342 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. Some of the money authorized by the bill would be 
used for research and development at academic institutions, 
including public colleges and universities.
    Estimated impact on the private sector: The bill would 
impose a new private-sector mandate as defined by UMRA. CBO 
estimates that the cost of complying with the mandate would not 
exceed the annual threshold established under UMRA for private-
sector mandates ($100 million in 1996, adjusted annually for 
inflation).
    S. 342 would prohibit license-holders for commercial space 
launches from launching a payload containing advertising to be 
placed in outer space that would be recognized by people on 
earth without the aid of a telescope or other technological 
device. Information provided by the Department of 
Transportation indicates that no license-holders are preparing 
to launch such advertising. Therefore, CBO estimates that this 
new private-sector mandate would impose no direct costs.
    Previous CBO estimate: On May 17, 1999, CBO transmitted a 
cost estimate for H.R. 1654, the National Aeronautics and Space 
Administration Authorization Act of 1999, as ordered reported 
by the House Committee on Science on May 13, 1999. Differences 
between the estimates are attributable to differences in the 
two bills. For example, the House bill does not include 
provisions that would authorize cross-waivers of liability with 
cooperating parties to the space station, allow the conveyance 
of property acquired under cooperative agreements, or regulate 
advertising on space transportation vehicles. The House and 
Senate bills would authorize similar total funding levels for 
NASA. CBO estimated that implementing H.R. 1654 would cost just 
under $41 billion over the 2000-2004 period, while the 
estimated costs of S. 342 total $41.5 billion over the same 
period.
    Estimate prepared by: Federal costs: Kathleen Gramp. Impact 
on State, local, and tribal governments: Lisa Cash Driskill. 
Impact on the private sector: Jean Wooster.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

  S. 342, as reported, reauthorizes the programs and activities 
of the National Aeronautics and Space Administration for fiscal 
years 2000, 2001, and 2002. It is the Committee's judgment that 
the bill will not subject any individuals or businesses 
affected by the bill to additional regulation with the 
exception of section 203 and will not increase the paperwork 
requirement for such individuals or businesses. Section 203 
requires the Administrator to establish overall safety 
requirements and plans for the International Space Station 
elements and payloads from cooperating parties. Cooperating 
party means any person who enters into an agreement or contract 
with NASA for the performance or support of scientific, 
aeronautical, or space activities in furtherance of the 
International Space Station program.

                            economic impact

  This legislation provides sufficient authorization levels to 
sustain ongoing and new awards, cooperative agreements, and 
contracts in the space community. Section 203 allows for the 
full commercialization of the International Space Station.

                                privacy

  This legislation will not have an adverse impact on the 
personal privacy of individuals.

                               paperwork

  This legislation will not increase the paperwork requirement 
for individuals or businesses. The NASA Administrator is, 
however, required to submit the following reports to the 
Congress: (1) a detailed contingency plan for the removal or 
replacement of each element of the International Space Station 
for which Russia is responsible that lies within the critical 
path of the International Space Station; and (2) bi-monthly 
reports assessing Russian performance of work expected of them 
that is necessary to complete the International Space Station.

                      Section-by-Section Analysis


Section 1. Short title; table of contents

  This section cites the bill as the ``National Aeronautics and 
Space Administration Act for Fiscal Years 2000, 2001, and 
2002.'' The section also provides a table of contents to assist 
finding key sections of the bill.

Section 2. Findings

  This section sets forth Congressional findings regarding NASA 
and U.S. space policy. The findings focus on such areas as: (1) 
the importance of continued reforms at NASA; (2) NASA's 
continual leadership in aeronautics and space research; (3) the 
potential impact of new technologies and future U.S. space 
missions; (4) the federal government's efforts to invest in 
areas in which there are no commercial providers; (5) the 
benefits of international cooperation; and (6) the benefits of 
joint cooperative activities with other agencies.

Section 3. Definitions

  This section defines the terms ``Administrator,'' 
``commercial provider,'' ``critical path,'' ``grant 
agreement,'' ``institution of higher education,'' ``major 
reorganization,'' and ``State'' for the purposes of the bill.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS


                       Subtitle A--Authorizations


Section 101. International Space Station

  This section authorizes a total of $2,282,700,000 for FY 
2000, $2,328,000,000 for FY 2001, and $2,091,000,000 for FY 
2002 for the International Space Station account. The total 
level of funding authorized for the International Space Station 
for FY 2000 is $200,000,000 below the President's request. This 
reduction is from the Russian Program Assurance account. The 
Committee acknowledges the need for contingencies to deal with 
the Russian funding shortfall. However, it is difficult to 
justify this funding without specific plans for its use.
  With the first two elements of the Station on orbit, the 
Committee is optimistic about the completion of the project. 
However, costs continue to be a major concern. Given the future 
budgetary constraints, NASA must pay special attention to 
keeping costs within manageable levels. Both the prime and non-
prime portions of the NASA contributions to the Station must be 
managed to ensure completion within established budgetary 
amounts. The Committee expects to be notified immediately about 
cost revisions and schedule slippages.
  The Committee encourages NASA to document cost changes in 
terms of total life cycle costs. It is important that we ensure 
that any cost adjustments in a phase of the project does not 
have unintended cost consequences on other phases. Furthermore, 
NASA should move to develop more accurate cost information 
pertaining to the decommissioning of the Station and any 
outstanding technical requirements such as debris tracking by 
the United States Space Command and debris protection for the 
service module.

Section 102. Launch Vehicle and Payload Operations

  This section would authorize $2,547,400,000 for Space Shuttle 
Operations; $463,800,000 for Space Shuttle Safety and 
Performance Upgrades; and $169,100,000 for Payload and 
Utilization Operations for fiscal year 2000; $2,623,822,000 for 
Space Shuttle Operations; $481,964,000 for Space Shuttle Safety 
and Performance Upgrades; and $174,173,000 for Payload and 
Utilization Operations for fiscal year 2001; and $2,702,537,000 
for Space Shuttle Operations; $505,523,000 for Space Shuttle 
Safety and Performance Upgrades; and $179,398,000 for Payload 
and Utilization Operations for fiscal year 2002. As evidenced 
by the Committee approval of increased funding for shuttle 
upgrades, the Committee supports and expects NASA to implement 
these upgrades as a means of building on the safety and 
reliability improvements of the last decade.

Section 103. Science, aeronautics, and technology

  The programs authorized in this section include: (1) Space 
Science; (2) Life and Microgravity Sciences and Applications; 
(3) Earth Science; (4) Aeronautics and Space Transportation 
Technology; (5) Mission Communications Services; (6) Academic 
Programs; and (7) Future Planning.
  There would be authorized to be appropriated for Space 
Science, $2,196,600,000 for FY 2000, $2,262,498,000 for FY 
2001, and $2,330,373,000 for FY 2002. The level of funding 
authorized in thesection provides support for the New 
Millennium spacecraft program. This program is intended to reduce the 
size and development times of scientific spacecrafts, while increasing 
their capabilities.
  There would be authorized to be appropriated for Life and 
Microgravity Sciences and Applications, $256,200,000 for FY 
2000, $263,886,000 for FY 2001, and $271,803,000 for FY 2002. 
The FY 2000 authorization includes $2,000,0000 for research and 
an early detection system for breast and ovarian cancer and 
other women's health related issues.
  For Earth Science, there would be authorized to be 
appropriated $1,459,100,000 for FY 2000, $1,502,873,000 for FY 
2001, and $1,547,959,000 for FY 2002.
  For Aeronautics and Space Transportation Technology, there 
would be authorized to be appropriated $1,006,500,000 for FY 
2000, $1,036,695,000 for FY 2001, and $1,067,796,000 for FY 
2000. Of the FY 2000 funds, $620,000,000 is to be used for 
aeronautical research and technology including $60,000,000 for 
the Aviation Safety Program; $254,000,000 is to be used for 
advanced space transportation including $111,600,000 for the X-
33 program; and $132,500,000 is to be used for commercial 
technology which includes some funding for NASA's business 
incubation program.
  For Mission Communications Services, there would be 
authorized to be appropriated $406,300,000 for FY 2000, 
$418,489,000 for FY 2001, and $431,044,000 for FY 2002.
  For Academic Programs, there would be authorized to be 
appropriated $130,000,000 for FY 2000 including $46,000,000 for 
minority university research and education; $133,900,000 for FY 
2001; and $137,917,000 for FY 2002.
  Finally, for Future Planning, there would be authorized to be 
appropriated $150,000,000 for FY 2000; $150,000,000 for FY 
2001; and $280,000,000 for FY 2002. This funding would provide 
funding, one year ahead of schedule, for NASA's space launch 
technology activities. These activities will help to reduce 
technical risks further in this area. The goal of the program 
is to reduce space launch costs by a factor of one hundred or 
more.

Section 104. Mission Support

  This section would authorize to be appropriated for safety, 
mission assurances, engineering, and advanced concepts 
$43,000,000 for FY 2000; for space communications services 
$89,700,000 for FY 2000; for construction of facilities 
$181,000,000 for FY 2000; and for research and program 
management $2,181,200,000. For FY 2001 and FY 2002, there would 
be authorized a total of $2,569,747,000 and $2,646,839,000, 
respectively, for the Mission Support account.

Section 105. Inspector General

  This section authorizes the requested $20,800,000 for NASA's 
OIG in FY 2000; $21,424,000 for FY 2001; and $22,066,720 for FY 
2002.

Section 106. Experimental Program to stimulate competitive research

  This section would provide $10,000,000 for the Experimental 
Program to Stimulate Competitive Research for FY 2000; 
$15,000,000 for FY 2001; and $20,000,000 for FY 2002 from the 
Academic Programs account.

             Subtitle B--Limitations and Special Authority


Section 111. Use of funds for construction

  This section would authorize NASA and the OIG to use funds 
appropriated for purposes other than Construction of 
Facilities, Research and Program Management (excluding research 
operations support) for the construction of new facilities and 
modifications to existing facilities, provided that no funds 
used under this section may be spent for a project whose 
estimated cost exceeds $1,000,000 until 30 days have passed 
after notice has been given to the Senate Commerce, Science, 
and Transportation and House Science Committees of the nature, 
location, and estimated cost of the project.
  Subsection (c) of this section would require that the title 
of any research facility to an institution of higher education 
or to a non-profit acquired or constructed through use of those 
funds would be vested with the federal government unless the 
Administrator determines otherwise.

Section 112. Availability of appropriated amounts

  This section would provide that, to the extent provided in 
appropriations acts, appropriations authorized under this bill 
may remain available without fiscal year limitation.

Section 113. Reprogramming for construction of facilities

  This section would authorize the reprogramming of funds 
appropriated for construction of facilities for the 
construction, expansion, or modification of facilities at any 
location should the Administrator determine the reprogramming 
was dictated by new developments in aeronautics and space 
activities, and deferral of such action until the next 
authorization act would be inconsistent with the national 
interest in aeronautics and space activities. Any action taken 
by the Administrator would require 30 days' notice being given 
to the Senate Commerce, Science, and Transportation and House 
Science Committees.

Section 114. Consideration by committees

  This section would require that no appropriated funds may be 
used for any program deleted by the Congress from requests 
originally made to the Senate Commerce, Science, and 
Transportation and House Science Committees, and no funds may 
be used for any program in excess of the amount actually 
authorized for that particular program (exclusive of 
construction of facility projects) unless 30 days have passed 
after proper notification to those Committees.

Section 115. Use of funds for scientific consultations or extraordinary 
        expenses

  This section would authorize the use of funds not to exceed 
$35,000 for official reception and representation expenses.

                 TITLE II--INTERNATIONAL SPACE STATION


Section 201. International Space Station contingency plan

  Subsection (a) restricts the transfer of funds to the Russian 
government. Excluded from this restriction are funds that apply 
to the purchase or modification of the Russian Service Module, 
Function Cargo Block, Russian space launch vehicles and launch 
services, or--until the assembly of the U.S. lab module--
command and control capability. Furthermore, the Administrator 
is required by subsection (b) to submit a contingency plan to 
the Congress within 60 days of enactment of this Act.
  Subsection (c) requires NASA to report to Congress on the 
first day of every other month on the Russian performance 
beginning December 1, 1999 and ending at substantial completion 
point as defined in Section 202. The report shall include a 
statement of the Administrator's judgment concerning Russia's 
ability to perform work anticipated and required to complete 
the Station before the next required report.
  Subsection (d) requires the President, within 90 days, to 
notify Congress of the decision on proceeding with a permanent 
replacement of the Russian Service Module, other Russian 
elements in the critical path of the Station, or Russian launch 
services. The decision shall include a judgment of when the 
assembly of the International Space Station will be completed. 
If the President decides to proceed with a permanent 
replacement of the Russian Service Module, other Russian 
elements in the critical path of the Station, or Russian launch 
services, then he 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.

Section 202. Cost limitation for the International Space Station

  Subsection (a) sets cost limitations of $21.9 billion and 
$17.7 billion for the development of the International Space 
Station and the associated Shuttle launch costs, respectively. 
These limitations are to include all costs from the start of 
the International Space Station in 1994 through the point of 
substantial completion, which is defined as the time at which 
development costs comprise 5 percent or less of the fiscal 
years costs for the Station.
  Subsection (b) further specifies that the limitation does not 
apply to operations, research, and crew return activities 
subsequent to substantial completion of the Station nor to 
launch costs in connection with operations, research, and crew 
return activities subsequent to substantial completion of the 
Station. Shuttle costs are to be determined at the rate of $380 
million per flight.
  Subsection (c) would provide for automatic increases for such 
impacts on costs such as: economic inflation; compliance with 
changes in or new federal, state, or local laws; new 
technologies; and any lack of performance or termination of 
participation of any of the international partners involved in 
the Space Station program. The inflation provision would allow 
for any inflation beyond the annual 3 percent currently assumed 
in the out year projections.
  Subsection (d) would require the Administrator to provide a 
written analysis of changes under subsection (c) to both the 
authorizing and appropriating committees of the Senate and 
House. The notice is to include an explanation of the basis for 
the change and an analysis of the impact on the assembly 
schedule and funding estimates.
  Subsection (e) identifies the reporting and review 
requirements. The Administrator is required, as part of the 
annual budget request, to identify separately the amounts of 
the requested funds that are to be used for the completion of 
the assembly of the International Space Station. Within 60 days 
after the budget is submitted to Congress, the General 
Accounting Office is required to verify the accounting 
submitted by NASA to the Congress. Within60 days after the 
Administrator provides a notice and analysis to Congress as required by 
Subsection (d), the Inspector General at NASA is required to review the 
notice and analysis and report the results of the review to the 
committees to which the notice was provided.

Section 203. Liability cross-waivers for the International Space 
        Station-related activities

  This section would provide liability cross-waivers for Space 
Station-related activities. These cross-waivers are legal 
agreements between participating parties relating primarily to 
first and second party liability. Each party agrees to bear its 
own risk of participation in a joint space activity and will 
not bring claims against another participating party. This 
provision would authorize, but would not require, NASA to enter 
into agreements with anyone participating in the Space Station 
program.
  Subsection (b) sets certain limitations for the authority. 
Included are:
          (1) waivers may not preclude a claim by any natural 
        person or that natural person's estate, survivors, or 
        subrogees for injury or death, except with respect to a 
        subrogee that is a third party to the waiver or has 
        otherwise agreed to be bound by the terms of the 
        waiver;
          (2) waivers may not absolve any party of liability to 
        any natural person or that natural person's estate, 
        survivors, or subrogees for negligence, except with 
        respect to a subrogee that is a party to the waiver or 
        has otherwise agreed to be bound by the terms of the 
        waiver; and
          (3) waivers may not used as the basis of a claim by 
        NASA or the cooperating party for indemnification 
        against the other for damages paid to a natural person 
        or that natural person's estate, survivors, or 
        subrogees, for injury or death sustained by that 
        natural person as a result of activities connected to 
        the International Space Station.
  Subsection (c) requires the Administrator to establish 
overall safety requirements and plans and to conduct overall 
integrated safety reviews for Station elements and payloads. 
NASA may undertake any and all authorized steps including 
removal from the manifest to ensure, to the maximum extent 
possible, that any elements and payloads pose no safety risks 
for the International Space Station.
  Subsection (d) defines several key terms that pertain to this 
section of the bill. Included are ``cooperating party'', 
``related entity'', and common terms. Subsection (e) grants 
NASA cross-waiver authority to any claims that may have been 
entered into before, during, or after enactment this Act.

                  TITLE III--MISCELLANEOUS PROVISIONS


Section 301. National Aeronautics and Space Act of 1958 amendments

  Section 301 amends the National Aeronautics and Space Act of 
1958 (42 U.S.C. 2451) to require the President to submit to 
Congress the annual aeronautics and space report in May, rather 
than January, and in the report to address activities carried 
out by government agencies on a fiscal year basis, rather than 
a calendar year basis.
  Subsection (c) of this section would clarify section 509 of 
NASA's 1993 Authorization Act (PL. 102-588) which amended 
section 303 of the Space Act by including a provision that 
would authorize the Administrator to protect information 
generated under an agreement entered into under section 
203(c)(5) and (c)(6) of the Space Act. Specifically, the 
Administrator is authorized to delay the unrestricted public 
disclosure of technical data in the following circumstances: 
(1) when the information which would be considered a trade 
secret; (2) when commercial or financial information which 
would be privileged or confidential as defined by section 
552(b)(4) of title 5, U.S.C.; (3) when information which had 
been obtained from a non-federal party participating in such an 
agreement; and (4) when information had been generated in the 
performance of experimental, developmental, or research 
activities in which the Administration participates. This 
provision would protect the data covered by this subsection 
from disclosure in response to a request submitted under the 
Freedom of Information Act (FOIA), title 5, U.S.C.
  This amendment to the Space Act authorizes NASA to withhold 
certain technical data which would have been trade secret or 
commercial or financial information within the meaning of 
section 552(b)(4) of title 5, U.S.C., the Freedom of 
Information Act, if the technical data has been obtained from a 
non-federal party. This section permits the Agency to withhold 
technical data whenever it is generated in the performance of 
experimental, developmental, or research activities or programs 
conducted by, or funded in whole or in part by, the 
Administration.

Section 302. Use of existing facilities

  This section would require the Administrator, whenever 
feasible, to select excess or underutilized buildings, grounds, 
and facilities from closed military installations or any other 
agency when considering the purchase, lease, or expansion of a 
NASA facility.
  Subsection (a) of this section would provide NASA the 
authority to identify and make available to industry 
underutilized infrastructure at Stennis Space Center that could 
be used in launch vehicle development activities. The Senate 
Committee on Commerce, Science, and Transportation and the 
Committee on Science of the House of Representatives would be 
notified should NASA's existing authority be insufficient.

Section 303. Authority to reduce or suspend contract payments based on 
        substantial evidence of fraud

  This section would amend 10 U.S.C. 2307(h)(8) which currently 
allows the Department of Defense, the Department of the Army, 
the Department of the Navy, and the Department of the Air Force 
to suspend or reduce contract payments when there is 
substantial evidence that the request of a contractor for 
advance, partial, or progress payment under a contract awarded 
by that agency is based on fraud. This amendment would add NASA 
to the list of agencies that can use this authority.

Section 304. Notice

  This section would require the Administrator to provide 
notice to the Senate Committee on Commerce, Science, and 
Transportation and the Committee on Science of the House of 
Representatives on reprogramming and reorganization matters. 
Subsection (a) of this section would require that any 
reprogramming notice be provided to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Science of the House of Representatives.
  Subsection (b) of this section would require the 
Administrator to notify the Committees on Commerce, Science and 
Transportation and Appropriations of the Senate and the 
Committees on Science and Appropriations of the House of 
Representatives of any program, project, or activity that is 
preparing to undergo any major reorganization no later than 30 
days prior to such reorganization. A ``major reorganization'' 
is determined to be the reassignment of more than 25 percent 
employees of any program, project, or activity.

Section 305. Sense of the Congress on the year 2000 problem

  This section expresses the sense of the Congress that the 
NASA Administrator should give high priority to correcting the 
year 2000 problem throughout all of its computer systems to 
ensure effective operation in the year 2000 and beyond. NASA 
needs to assess the risk of the problem upon its systems and 
develop a plan and a budget to correct the problem for its 
mission-critical programs. NASA also needs to consider 
contingency plans, in the event that certain systems are unable 
to be corrected in time.

Section 306. Unitary Wind Tunnel Plan Act of 1949 amendments

  This section would amend the Unitary Wind Tunnel Plan Act of 
1949 to update technological terminology, including the terms 
``transonic, supersonic, and hypersonic'', based on 
technological progress made over the past five decades.

Section 307. Enhancement of science and mathematics programs

  This section expresses the Sense of the Congress that the 
Administrator should, whenever practicable, donate 
educationally useful federal equipment to schools that may be 
used to enhance the science and mathematics programs of those 
schools. Public schools may be defined as a public or private 
educational institution that serves any of the grades of 
kindergarten through grade 12. The Administrator would be 
required to submit a report of such donations as part of the 
President's annual budget request.

Section 308. Authority to vest title

  This section would provide the Administrator with the 
authority to vest title to personal property in institutions of 
higher education or in non-profit organizations that enter into 
cooperative agreements with the Administration. This authority 
would allow NASA to reduce the total funding necessary to 
support cooperative agreements by allowing recipients to retain 
title to property acquired in the course of performance. The 
vesting of any title in the participant would be contingent 
upon the United States government not incurring any further 
obligations as well as many other conditions the Administrator 
considers appropriate.

Section 309. NASA Mid-Range Procurement Test Program

  This section would amend section 5062 of the Federal 
Acquisition Streamlining Act (FASA).
  Section 5062 of the FASA of 1994 granted NASA the authority 
to initiate a test under the Office of Federal Procurement 
Policy of alternative notice and publication requirements. In 
response to this legislation, NASA began to announce upcoming 
procurement on the Internet, rather than publish synopses in 
the Commerce Business Daily. The FASA included the following 
limitations on the test: (1) the test conducted only applies to 
acquisitions with an estimated annual total obligation of funds 
of $500,000 or less; (2) the total life cycle cost of the test 
could not exceed $100,000,000; and (3) the test would expire 
four years after the date of enactment of FASA.
  This section would eliminate the annual total cost limit and 
would make the tests applicable to acquisitions with a basic 
value of $2,000,000 or less (not more than $10,000,000 with 
option). In addition, it would increase the dollar limitation 
applicable to the Test Program from $100,000,000 to 
$500,000,000, and would extend the period during which an 
agency is authorized to use the test for an additional two 
years.

Section 310. Space advertising

  This section would prohibit the launch of any payload 
containing any material to be used for the purposes of 
obtrusive space advertising. This section would not apply to 
nonobtrusive commercial space advertising including advertising 
on commercial space transportation vehicles, space 
infrastructure, payloads, space launch facilities, and launch 
support facilities.
  Subsection (c) of this section expresses as the Sense of the 
Congress that the President should negotiate with foreign 
launching nations agreements prohibiting the use of outer space 
for obtrusive space advertising purposes.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                         TITLE 10. ARMED FORCES

                    Subtitle A. General Military Law

               Part IV. Service, Supply, and Procurement

                   CHAPTER 137. PROCUREMENT GENERALLY

Sec. 2307. Contract financing

  (a) Payment Authority.--The head of any agency may--
          (1) make advance, partial, progress, or other 
        payments under contracts for property or services made 
        by the agency; and
          (2) insert in solicitations for procurement of 
        property or services a provision limiting to small 
        business concerns advance or progress payments.
  (b) Performance-based Payments.--Whenever practicable, 
payments under subsection (a) shall be made on any of the 
following bases:
          (1) Performance measured by objective, quantifiable 
        methods such as delivery of acceptable items, work 
        measurement, or statistical process controls.
          (2) Accomplishment of events defined in the program 
        management plan.
          (3) Other quantifiable measures of results.
  (c) Payment Amount.--Payments made under subsection (a) may 
not exceed the unpaid contract price.
  (d) Security for Advance Payments.--Advance payments made 
under subsection (a) may be made only if the contractor gives 
adequate security and after a determination by the head of the 
agency that to do so would be in the public interest. Such 
security may be in the form of a lien in favor of the United 
States on the property contracted for, on the balance in an 
account in which such payments are deposited, and on such of 
the property acquired for performance of the contract as the 
parties may agree. This lien is paramount to any other liens 
and is effective immediately upon the first advancement of 
funds without filing, notice, or any other action by the United 
States.
  (e) Conditions for Progress Payments.--
          (1) The Secretary of Defense shall ensure that any 
        payment for work in progress (including materials, 
        labor, and other items) under a defense contract that 
        provides for such payments is commensurate with the 
        work accomplished that meets standards established 
        under the contract. The contractor shall provide such 
        information and evidence as the Secretary of Defense 
        determines necessary to permit the Secretary to carry 
        out the preceding sentence.
          (2) The Secretary shall ensure that progress payments 
        referred to in paragraph (1) are not made for more than 
        80 percent of the work accomplished under a defense 
        contract so long as the Secretary has not made the 
        contractual terms, specifications, and price definite.
          (3) This subsection applies to any contract in an 
        amount greater than $25,000.
  (f) Conditions for Payments for Commercial Items.--
          (1) Payments under subsection (a) for commercial 
        items may be made under such terms and conditions as 
        the head of the agency determines are appropriate or 
        customary in the commercial marketplace and are in the 
        best interests of the United States. The head of the 
        agency shall obtain adequate security for such 
        payments. If the security is in the form of a lien in 
        favor of the United States, such lien is paramount to 
        all other liens and is effective immediately upon the 
        first payment, without filing, notice, or other action 
        by the United States.
          (2) Advance payments made under subsection (a) for 
        commercial items may include payments, in a total 
        amount of not more than 15 percent of the contract 
        price, in advance of any performance of work under the 
        contract.
          (3) The conditions of subsections (d) and (e) need 
        not be applied if they would be inconsistent, as 
        determined by the head of the agency, with commercial 
        terms and conditions pursuant to paragraphs (1) and 
        (2).
  (g) Certain Navy Contracts.--
          (1) The Secretary of the Navy shall provide that the 
        rate for progress payments on any contract awarded by 
        the Secretary for repair, maintenance, or overhaul of a 
        naval vessel shall be not less than--
                  (A) 95 percent, in the case of a firm 
                considered to be a small business; and
                  (B) 90 percent, in the case of any other 
                firm.
          (2) The Secretary of the Navy may advance to private 
        salvage companies such funds as the Secretary considers 
        necessary to provide for the immediate financing of 
        salvage operations. Advances under this paragraph shall 
        be made on terms that the Secretary considers adequate 
        for the protection of the United States.
          (3) The Secretary of the Navy shall provide, in each 
        contract for construction or conversion of a naval 
        vessel, that, when partial, progress, or other payments 
        are made under such contract, the United States is 
        secured by a lien upon work in progress and on property 
        acquired for performance of the contract on account of 
        all payments so made. The lien is paramount to all 
        other liens.
  (h) Vesting of Title in the United States.--If a contract 
paid by a method authorized under subsection (a)(1) provides 
for title to property to vest in the United States, the title 
to the property shall vest in accordance with the terms of the 
contract, regardless of any security interest in the property 
that is asserted before or after the contract is entered into.
  (i) Action in Case of Fraud.--
          (1) In any case in which the remedy coordination 
        official of an agency finds that there is substantial 
        evidence that the request of a contractor for advance, 
        partial, or progress payment under a contract awarded 
        by that agency is based on fraud, the remedy 
        coordination official shall recommend that the head of 
        the agency reduce or suspend further payments to such 
        contractor.
          (2) The head of an agency receiving a recommendation 
        under paragraph (1) in the case of a contractor's 
        request for payment under a contract shall determine 
        whether there is substantial evidence that the request 
        is based on fraud. Upon making such a determination, 
        the agency head may reduce or suspend further payments 
        to the contractor under such contract.
          (3) The extent of any reduction or suspension of 
        payments by the head of an agency under paragraph (2) 
        on the basis of fraud shall be reasonably commensurate 
        with the anticipated loss to the United States 
        resulting from the fraud.
          (4) A written justification for each decision of the 
        head of an agency whether to reduce or suspend payments 
        under paragraph (2) and for each recommendation 
        received by such agency head in connection with such 
        decision shall be prepared and be retained in the files 
        of such agency.
          (5) The head of an agency shall prescribe procedures 
        to ensure that, before such agency head decides to 
        reduce or suspend payments in the case of a contractor 
        under paragraph (2), the contractor is afforded notice 
        of the proposed reduction or suspension and an 
        opportunity to submit matters to the headof the agency 
        in response to such proposed reduction or suspension.
          (6) Not later than 180 days after the date on which 
        the head of an agency reduces or suspends payments to a 
        contractor under paragraph (2), the remedy coordination 
        official of such agency shall--
                  (A) review the determination of fraud on 
                which the reduction or suspension is based; and
                  (B) transmit a recommendation to the head of 
                such agency whether the suspension or reduction 
                should continue.
          (7) The head of an agency shall prepare for each year 
        a report containing the recommendations made by the 
        remedy coordination official of that agency to reduce 
        or suspend payments under paragraph (2), the actions 
        taken on the recommendations and the reasons for such 
        actions, and an assessment of the effects of such 
        actions on the Federal Government. The Secretary of 
        each military department shall transmit the annual 
        report of such department to the Secretary of Defense. 
        Each such report shall be available to any member of 
        Congress upon request.
          (8) This subsection applies to the agencies named in 
        paragraphs (1), (2), (3), [and (4)] (4), and (6) of 
        section 2303(a) of this title.
          (9) The head of an agency may not delegate 
        responsibilities under this subsection to any person in 
        a position below level IV of the Executive Schedule.
          (10) In this subsection, the term ``remedy 
        coordination official'', with respect to an agency, 
        means the person or entity in that agency who 
        coordinates within that agency the administration of 
        criminal, civil, administrative, and contractual 
        remedies resulting from investigations of fraud or 
        corruption related to procurement activities.

                TITLE 42. THE PUBLIC HEALTH AND WELFARE


                   CHAPTER 26. NATIONAL SPACE PROGRAM


                           GENERAL PROVISIONS

Sec. 2451. Congressional declaration of policy and purpose

  (a) The Congress hereby declares that it is the policy of the 
United States that activities in space should be devoted to 
peaceful purposes for the benefit of all mankind.
  (b) The Congress declares that the general welfare and 
security of the United States require that adequate provision 
be made for aeronautical and space activities. The Congress 
further declares that such activities shall be the 
responsibility of, and shall be directed by, a civilian agency 
exercising control over aeronautical and space activities 
sponsored by the United States, except that activities peculiar 
to or primarily associated with the development of weapons 
systems, military operations, or the defense of the United 
States (including the research and development necessary to 
make effective provision for the defense of the United States) 
shall be the responsibility of, and shall be directed by, the 
Department of Defense; and that determination as to which such 
agency has responsibility for and direction of any such 
activity shall be made by the President in conformity with 
section 201(e).
  (c) The Congress declares that the general welfare of the 
United States requires that the National Aeronautics and Space 
Administration (as established by title II of this Act) seek 
and encourage, to the maximum extent possible, the fullest 
commercial use of space.
  (d) The aeronautical and space activities of the United 
States shall be conducted so as to contribute materially to one 
or more of the following objectives:
          (1) The expansion of human knowledge of the Earth and 
        of phenomena in the atmosphere and space;
          (2) The improvement of the usefulness, performance, 
        speed, safety, and efficiency of aeronautical and space 
        vehicles;
          (3) The development and operation of vehicles capable 
        of carrying instruments, equipment, supplies, and 
        living organisms through space;
          (4) The establishment of long-range studies of the 
        potential benefits to be gained from, the opportunities 
        for, and the problems involved in the utilization of 
        aeronautical and space activities for peaceful and 
        scientific purposes;
          (5) The preservation of the role of the United States 
        as a leader in aeronautical and space science and 
        technology and in the application thereof to the 
        conduct of peaceful activities within and outside the 
        atmosphere;
          (6) The making available to agencies directly 
        concerned with national defense of discoveries that 
        have military value or significance, and the furnishing 
        by such agencies, to the civilian agency established to 
        direct and control nonmilitary aeronautical and space 
        activities, of information as to discoveries which have 
        value or significance to that agency;
          (7) Cooperation by the United States with other 
        nations and groups of nations in work done pursuant to 
        this Act and in the peaceful application of the results 
        thereof;
          (8) The most effective utilization of the scientific 
        and engineering resources of the United States, with 
        close cooperation among all interested agencies of the 
        United States in order to avoid unnecessary duplication 
        of effort, facilities, and equipment; and
          (9) The preservation of the United States preeminent 
        position in aeronautics and space through research and 
        technology development related to associated 
        manufacturing processes.
  (e) The Congress declares that the general welfare of the 
United States requires that the unique competence in scientific 
and engineering systems of the National Aeronautics and Space 
Administration also be directed toward ground propulsion 
systems research and development. Such development shall be 
conducted so as to contribute to the objectives of developing 
energy-and petroleum-conserving ground propulsion systems, and 
of minimizing the environmental degradation caused by such 
systems.
  [(f) The Congress declares that the general welfare of the 
United States requires that the unique competence in scientific 
and engineering systems of the National Aeronautics and Space 
Administration also be directed toward the development of 
advanced automobile propulsion systems. Such development shall 
be conducted so as to contribute to the achievement of the 
purposes set forth in section 302(b) of the Automotive 
Propulsion Research and Development Act of 1978.]
  [(g)] (f) The Congress declares that the general welfare of 
the United States requires that the unique competence of the 
National Aeronautics and Space Administration in science and 
engineering systems be directed to assisting in bioengineering 
research, development, and demonstration programs designed to 
alleviate and minimize the effects of disability.
  [(h)] (g) It is the purpose of this Act to carry out and 
effectuate the policies declared in subsections (a), (b), (c), 
(d), (e), [(f), and (g).] and (f).

                TITLE 42. THE PUBLIC HEALTH AND WELFARE


                   CHAPTER 26. NATIONAL SPACE PROGRAM


                           GENERAL PROVISIONS

Sec. 2454. Access to information

  (a) Information obtained or developed by the Administrator in 
the performance of his functions under this Act shall be made 
available for public inspection, except (A) information 
authorized or required by Federal statute to be withheld, (B) 
information classified to protect the national security, and 
(C) information described in subsection (b): Provided, That 
nothing in this Act shall authorize the withholding of 
information by the Administrator from the duly authorized 
committees of the Congress.
  (b) The Administrator, for a period of up to 5 years after 
the development of information that results from activities 
conducted under an agreement entered into under section 
203(c)(5) and (6) of this Act, and that would be a trade secret 
or commercial or financial information that is privileged or 
confidential under the meaning of section 552(b)(4) of title 5, 
United States Code, if the information had been obtained from a 
non-Federal party participating in such an agreement, may 
provide appropriate protections against the dissemination of 
such information, including exemption from subchapter II of 
chapter 5 of title 5, United States Code.
  (c) The Administrator may delay for a period not to exceed 5 
years after development, the unrestricted public disclosure of 
technical data that would have been a trade secret or 
commercial or financial information that is privileged or 
confidential under the meaning of section 552(b)(4) of title 5, 
United States Code, if the information had been obtained from a 
non-Federal party, in any case in which the technical data is 
generated in the performance of experimental, developmental, or 
research activities or programs conducted by, or funded in 
whole or in part by, the Administration. The technical data 
referred to in the preceding sentence shall not be subject to 
the disclosure requirements of section 552 of title 5, United 
States Code.

                TITLE 42. THE PUBLIC HEALTH AND WELFARE


                   CHAPTER 26. NATIONAL SPACE PROGRAM


           COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

Sec. 2473. Functions of the Administration

  (a) The Administration, in order to carry out the purpose of 
this Act, shall--
          (1) plan, direct, and conduct aeronautical and space 
        activities;
          (2) arrange for participation by the scientific 
        community in planning scientific measurements and 
        observations to be made through use of aeronautical and 
        space vehicles, and conduct or arrange for the conduct 
        of such measurements and observations;
          (3) provide for the widest practicable and 
        appropriate dissemination of information concerning its 
        activities and the results thereof;
          (4) seek and encourage, to the maximum extent 
        possible, the fullest commercial use of space; and
          (5) encourage and provide for Federal Government use 
        of commercially provided space services and hardware, 
        consistent with the requirements of the Federal 
        Government.
  (b)(1) The Administration shall, to the extent of 
appropriated funds, initiate, support, and carry out such 
research, development, demonstration, and other related 
activities in ground propulsion technologies as are provided 
for in sections 4 through 10 of the Electric and Hybrid Vehicle 
Research, Development, and Demonstration Act of 1976.
  (2) The Administration shall initiate, support, and carry out 
such research, development, demonstrations, and other related 
activities in solar heating and cooling technologies (to the 
extent that funds are appropriated therefor) as are provided 
for in sections 5, 6, and 9 of the Solar Heating and Cooling 
Demonstration Act of 1974.
  (c) In the performance of its functions the Administration is 
authorized--
          (1) to make, promulgate, issue, rescind, and amend 
        rules and regulations governing the manner of its 
        operations and the exercise of the powers vested in it 
        by law;
          (2) to appoint and fix the compensation of such 
        officers and employees as may be necessary to carry out 
        such functions. Such officers and employees shall be 
        appointed in accordance with the civil-service laws and 
        their compensation fixed in accordance with the 
        Classification Act of 1949, except that (A) to the 
        extent the Administrator deems such action necessary to 
        the discharge of his responsibilities, he may appoint 
        not more than four hundred and twenty-five of the 
        scientific, engineering, and administrative personnel 
        of the Administration without regard to such laws, and 
        may fix the compensation of such personnel not in 
        excess of the highest rate of grade 18 of the General 
        Schedule of the Classification Act of 1949, as amended, 
        and (B) to the extent the Administrator deems such 
        action necessary to recruit specially qualified 
        scientific and engineering talent, he may establish the 
        entrance grade for scientific and engineering personnel 
        without previous service in the Federal Government at a 
        level up to two grades higher than the grade provided 
        for such personnel under the General Schedule 
        established by the Classification Act of 1949, and fix 
        their compensation accordingly;
          (3) to acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and 
        maintain laboratories, research and testing sites and 
        facilities, aeronautical and space vehicles, quarters 
        and related accommodations for employees and dependents 
        of employees of the Administration, and such other real 
        and personal property (including patents), or any 
        interest therein, as the Administration deems necessary 
        within and outside the continental United States; to 
        acquire by lease or otherwise, through the 
        Administrator of General Services, buildings or parts 
        of buildings in the District of Columbia for the use of 
        the Administration for a period not to exceed ten years 
        without regard to the Act of March 3, 1877 (40 U.S.C. 
        34); to lease to others such real and personal 
        property; to sell and otherwise dispose of real and 
        personal property (including patents and rights 
        thereunder) in accordance with the provisions of the 
        Federal Property and Administrative Services Act of 
        1949, as amended (40 U.S.C. 471 et seq.); and to 
        provide by contract or otherwise for cafeterias and 
        other necessary facilities for the welfare of employees 
        of the Administration at its installations and purchase 
        and maintain equipment therefor;
          (4) to accept unconditional gifts or donations of 
        services, money, or property, real, personal, or mixed, 
        tangible or intangible;
          (5) without regard to section 3648 of the Revised 
        Statutes, as amended (31 U.S.C. 529), to enter into and 
        perform such contracts, leases, cooperative agreements, 
        or other transactions as may be necessary in the 
        conduct of its work and on such terms as it may deem 
        appropriate, with any agency or instrumentality of the 
        United States, or with any State, Territory, or 
        possession, or with any political subdivision thereof, 
        or with any person, firm, association, corporation, or 
        educational institution. To the maximum extent 
        practicable and consistent with the accomplishment of 
        the purpose of this Act, such contracts, leases, 
        agreements, and other transactions shall be allocated 
        by the Administrator in a manner which will enable 
        small-business concerns to participate equitably and 
        proportionately in the conduct of the work of the 
        Administration;
          (6) to use, with their consent, the services, 
        equipment, personnel, and facilities of Federal and 
        other agencies with or without reimbursement, and on a 
        similar basis to cooperate with other public and 
        private agencies and instrumentalities in the use of 
        services, equipment, and facilities. Each department 
        and agency of the Federal Government shall cooperate 
        fully with the Administration in making its services, 
        equipment, personnel, and facilities available to the 
        Administration, and any such department or agency is 
        authorized, notwithstanding any other provision of law, 
        to transfer to or to receive from the Administration, 
        without reimbursement, aeronautical and space vehicles, 
        and supplies and equipment other than administrative 
        supplies or equipment;
          (7) to appoint such advisory committees as may be 
        appropriate for purposes of consultation and advice to 
        the Administration in the performance of its functions;
          (8) to establish within the Administration such 
        offices and procedures as may be appropriate to provide 
        for the greatest possible coordination of its 
        activities under this Act with related scientific and 
        other activities being carried on by other public and 
        private agencies and organizations;
          (9) to obtain services as authorized by section 3109 
        of title 5, United States Code, but at rates for 
        individuals not to exceed the per diem rate equivalent 
        to the rate for GS-18;
          (10) when determined by the Administrator to be 
        necessary, and subject to such security investigations 
        as he may determine to be appropriate, to employ aliens 
        without regard to statutory provisions prohibiting 
        payment of compensation to aliens;
          (11) to provide by concession, without regard to 
        section 321 of the Act of June 30, 1932 (47 Stat. 412; 
        40 U.S.C. 303b), on such terms as the Administrator may 
        deem to be appropriate and to be necessary to protect 
        the concessioner against loss of his investment in 
        property (but not anticipated profits) resulting from 
        the Administration's discretionary acts and decisions, 
        for the construction, maintenance, and operation of all 
        manner of facilities and equipment for visitors to the 
        several installations of the Administration and, in 
        connection therewith, to provide services incident to 
        the dissemination of information concerning its 
        activities to such visitors, without charge or with a 
        reasonable charge therefor (with this authority being 
        in addition to any other authority which the 
        Administration may have to provide facilities, 
        equipment, and services for visitors to its 
        installations). A concession agreement under this 
        paragraph may be negotiated with any qualified proposer 
        following due consideration of all proposals received 
        after reasonable public notice of the intention to 
        contract. The concessioner shall be afforded a 
        reasonable opportunity to make a profit commensurate 
        with the capital invested and the obligations assumed, 
        and the consideration paid by him for the concession 
        shall be based on the probable value of such 
        opportunity and not on maximizing revenue to the United 
        States. Each concession agreement shall specify the 
        manner in which the concessioner's records are to be 
        maintained, and shall provide for access to any such 
        records by the Administration and the Comptroller 
        General of the United States for a period of five years 
        after the close of the business year to which such 
        records relate. A concessioner may be accorded a 
        possessory interest, consisting of all incidents of 
        ownership except legal title (which shall vest in the 
        United States), in any structure, fixture, or 
        improvement he constructs or locates upon land owned by 
        the United States; and, with the approval of the 
        Administration, such possessory interest may be 
        assigned, transferred, encumbered, or relinquished by 
        him, and, unless otherwise provided by contract, shall 
        not be extinguished by the expiration orother 
        termination of the concession and may not be taken for 
        public use without just compensation;
          (12) with the approval of the President, to enter 
        into cooperative agreements under which members of the 
        Army, Navy, Air Force, and Marine Corps may be detailed 
        by the appropriate Secretary for services in the 
        performance of functions under this Act to the same 
        extent as that to which they might be lawfully assigned 
        in the Department of Defense;
          (13)(A) to consider, ascertain, adjust, determine, 
        settle, and pay, on behalf of the United States, in 
        full satisfaction thereof, any claim for $25,000 or 
        less against the United States for bodily injury, 
        death, or damage to or loss of real or personal 
        property resulting from the conduct of the 
        Administration's functions as specified in subsection 
        (a) of this section, where such claim is presented to 
        the Administration in writing within two years after 
        the accident or incident out of which the claim arises; 
        and
          (B) if the Administration considers that a claim in 
        excess of $25,000 is meritorious and would otherwise be 
        covered by this paragraph, to report the facts and 
        circumstances thereof to the Congress for its 
        consideration.

              Federal Acquisition Streamlining Act of 1994


SEC. 5062. NASA MID-RANGE PROCUREMENT TEST PROGRAM.

                          (42 U.S.C. 2473 nt)

  (a) In General.--The Administrator of the National 
Aeronautics and Space Administration (in this section referred 
to as the ``Administrator'') may conduct a test of alternative 
notice and publication requirements for procurements conducted 
by the National Aeronautics and Space Administration. In 
addition to providing any other notice of any acquisition under 
the test conducted under this section, the Administrator shall 
publish a notice of that acquisition in, or make such a notice 
available through, the automated version of the Commerce 
Business Daily published by the Secretary of Commerce. To the 
extent consistent with this section, such program shall be 
conducted consistent with section 15 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 413).
  (b) Applicability.--The test conducted under subsection (a) 
shall apply to acquisitions with an estimated annual total 
obligation of funds of [$500,000 or less.] a basic value (as 
that term is defined by the Administrator)--
          (1) of $2,000,000 or less; or
          (2) if options to purchase are involved, of 
        $10,000,000 or less.
  (c) Limitation on Total Cost.--The total estimated life-cycle 
cost to the Federal Government for the test conducted under 
subsection (a) may not exceed [$100,000,000.] $500,000,000.
  (d) Waiver of Procurement Regulations.--
          (1) In conducting the test under this section, the 
        Administrator, with the approval of the Administrator 
        for Federal Procurement Policy, may waive--
                  (A) any provision of the Federal Acquisition 
                Regulation that is not required by statute; and
                  (B) any provision of law described in 
                paragraph (2), the waiver of which the 
                Administrator determines in writing to be 
                necessary to conduct the test.
          (2) The provisions of law referred to in paragraph 
        (1) are as follows:
                  (A) Subsections (e), (f), and (g) of section 
                8 of the Small Business Act (15 U.S.C. 637).
                  (B) Section 18 of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 416).
  (e) Report.--Not later than 6 months after completion of the 
test conducted under subsection (a), the Comptroller General 
shall submit to Congress a report for the test setting forth in 
detail the results of the test, including such recommendations 
as the Comptroller General considers appropriate.
  (f) Expiration of Authority.--The authority to conduct the 
test under subsection (a) and to award contracts under such 
test shall expire [4 years] 6 years after the date of the 
enactment of this Act. Contracts entered into before such 
authority expires shall remain in effect, notwithstanding the 
expiration of the authority to conduct the test under this 
section.
  (g) Rule of Construction.--Nothing in this section shall be 
construed as authorizing the appropriation or obligation of 
funds for the test conducted pursuant to subsection (a).

                TITLE 42. THE PUBLIC HEALTH AND WELFARE


                   CHAPTER 26. NATIONAL SPACE PROGRAM


           COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

Sec. 2476. Reports to the Congress

  (a) Presidential Report; Transmittal.--The President shall 
transmit to the Congress in [January] May of each year a 
report, which shall include (1) a comprehensive description of 
the programed activities and the accomplishments of all 
agencies of the United States in the field of aeronautics and 
space activities during the preceding [calendar] fiscal year, 
and (2) an evaluation of such activities and accomplishments in 
terms of the attainment of, or the failure to attain, the 
objectives described in section 102(c) of this Act.
  (b) Recommendations for Additional Legislation.--Any report 
made under this section shall contain such recommendations for 
additional legislation as the Administrator or the President 
may consider necessary or desirable for the attainment of the 
objectives described in section 102(c) of this Act.
  (c) Classified Information.--No information which has been 
classified for reasons of national security shall be included 
in any report made under this section, unless such information 
has been declassified by, or pursuant to authorization given 
by, the President.

           *       *       *       *       *       *       *



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


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

                        TITLE 49. TRANSPORTATION

              Subtitle IX. Commercial Space Transportation

            CHAPTER 701. COMMERCIAL SPACE LAUNCH ACTIVITIES

Sec. 70102. Definitions

  In this chapter--
          (1) ``citizen of the United States'' means--
                  (A) an individual who is a citizen of the 
                United States;
                  (B) an entity organized or existing under the 
                laws of the United States or a State; or
                  (C) an entity organized or existing under the 
                laws of a foreign country if the controlling 
                interest (as defined by the Secretary of 
                Transportation) is held by an individual or 
                entity described in subclause (A) or (B) of 
                this clause.
          (2) ``executive agency'' has the same meaning given 
        that term in section 105 of title 5.
          (3) ``launch'' means to place or try to place a 
        launch vehicle or reentry vehicle and any payload from 
        Earth--
                  (A) in a suborbital trajectory;
                  (B) in Earth orbit in outer space; or
                  (C) otherwise in outer space,
        including activities involved in the preparation of a 
        launch vehicle or payload for launch, when those 
        activities take place at a launch site in the United 
        States.
          (4) ``launch property'' means an item built for, or 
        used in, the launch preparation or launch of a launch 
        vehicle.
          (5) ``launch services'' means--
                  (A) activities involved in the preparation of 
                a launch vehicle and payload for launch; and
                  (B) the conduct of a launch.
          (6) ``launch site'' means the location on Earth from 
        which a launch takes place (as defined in a license the 
        Secretary issues or transfers under this chapter) and 
        necessary facilities at that location.
          (7) ``launch vehicle'' means--
                  (A) a vehicle built to operate in, or place a 
                payload in, outer space; and
                  (B) a suborbital rocket.
          (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.
          [(8)] (9) ``payload'' means an object that a person 
        undertakes to place in outer space by means of a launch 
        vehicle or reentry vehicle, including components of the 
        vehicle specifically designed or adapted for that 
        object.
          [(9)] (10) ``person'' means an individual and an 
        entity organized or existing under the laws of a State 
        or country.
          [(10)] (11) ``reenter'' and ``reentry'' mean to 
        return or attempt to return, purposefully, a reentry 
        vehicle and its payload, if any, from Earth orbit or 
        from outer space to Earth.
          [(11)] (12) ``reentry services'' means--
                  (A) activities involved in the preparation of 
                a reentry vehicle and its payload, if any, for 
                reentry; and
                  (B) the conduct of a reentry.
          [(12)] (13) ``reentry site'' means the location on 
        Earth to which a reentry vehicle is intended to return 
        (as defined in a license the Secretary issues or 
        transfers under this chapter.
          [(13)] (14) ``reentry vehicle'' means a vehicle 
        designed to return from Earth orbit or outer space to 
        Earth, or a reusable launch vehicle designed to return 
        from Earth orbit or outer space to Earth, substantially 
        intact.
          [(14)] (15) ``State'' means a State of the United 
        States, the District of Columbia, and a territory or 
        possession of the United States.
          [(15)] (16) ``third party'' means a person except--
                  (A) the United States Government or the 
                Government's contractors or subcontractors 
                involved in launch services or reentry 
                services;
                  (B) a licensee or transferee under this 
                chapter;
                  (C) a licensee's or transferee's contractors, 
                subcontractors, or customers involved in launch 
                services or reentry services; or
                  (D) the customer's contractors or 
                subcontractors involved in launch services or 
                reentry services.
          [(16)] (17) ``United States'' means the States of the 
        United States, the District of Columbia, and the 
        territories and possessions of the United States.

           *       *       *       *       *       *       *


Sec.  70109a. Space advertising

  (a) Licensing.--Notwithstanding the provisions of this 
chapter or any other provision of law, the Secretary may not, 
for the launch of a payload containing any material to be used 
for the purposes of obtrusive space advertising--
          (1) issue or transfer a license under this chapter; 
        or
          (2) waive the license requirements of this chapter.
  (b) Launching.--No holder of a license under this chapter may 
launch a payload containing any material to be used for 
purposes of obtrusive space advertising on or after the date of 
enactment of the National Aeronautics and Space Administration 
Authorization Act for Fiscal Year 2000.
  (c) Commercial Space Advertising.--Nothing in this section 
shall apply to nonobtrusive commercial space advertising, 
including advertising on--
          (1) commercial space transportation vehicles;
          (2) space infrastructure, payloads;
          (3) space launch facilities; and
          (4) launch support facilities.

                   TITLE 50. WAR AND NATIONAL DEFENSE

                        CHAPTER 20. WIND TUNNELS

                 CONSTRUCTION OF WIND TUNNEL FACILITIES

Sec. 511. Joint development of unitary plan for construction of 
                    facilities; construction at educational 
                    institutions

  The Administrator of the National Aeronautics and Space 
Administration (hereinafter referred to as the 
``Administrator'') and the Secretary of Defense are hereby 
authorized and directed jointly to develop a unitary plan for 
the construction of [transsonic and supersonic] transsonic, 
supersonic, and hypersonic wind-tunnel facilities for the 
solution of research, development, and evaluation problems in 
aeronautics, including the construction of facilities at 
educational institutions within the continental limits of the 
United States for training and research in aeronautics, and to 
revise the uncompleted portions of the unitary plan from time 
to time to accord with changes in national defense requirements 
and scientific and technical advances. The Administrator and 
the Secretaries of the Army, the Navy, and the Air Force are 
authorized to proceed with the construction and equipment of 
facilities in implementation of the unitary plan to the extent 
permitted by appropriations pursuant to existing authority and 
the authority contained in titles I and II of this Act. Any 
further implementation of the unitary plan shall be subject to 
such additional authorizations as may be approved by Congress.

           *       *       *       *       *       *       *


Sec. 513. Expansion of existing facilities; appropriations; testing of 
                    models

  (a) The Administrator is hereby authorized to expand the 
facilities at his existing [laboratories] laboratories and 
centers by the construction of additional [supersonic] 
transsonic, supersonic, and hypersonic wind tunnels, including 
buildings, equipment, and accessory construction, and by the 
acquisition of land and installation of utilities.
  (b) There is hereby authorized to be appropriated such sums 
as may be necessary to carry out the purposes of this section, 
but not to exceed $136,000,000.
  (c) The facilities authorized by this section shall be 
operated and staffed by the Administrator but shall be 
available primarily to industry for testing experimental models 
in connection with the development of aircraft and missiles. 
Such tests shall be scheduled and conducted in accordance with 
industry's requirements and allocation of [laboratory] facility 
time shall be made in accordance with the public interest, with 
proper emphasis upon the requirements of each military service 
and due consideration of civilian needs.

                                
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