[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.