Home > 106th Congressional Bills > H.R. 1654 (eh) To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. [Engrossed in House] ...H.R. 1654 (eh) To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. [Engrossed in House] ...
limited to, a natural person who is an employee of the United
States, the cooperating party, or the cooperating party's
subcontractors) or that natural person's estate, survivors, or
subrogees for injury or death, except with respect to a
subrogee that is a party to the waiver or has otherwise agreed
to be bound by the terms of the waiver.
(2) Liability for negligence.--A reciprocal waiver under
subsection (a) may not absolve any party of liability to any
natural person (including, but not limited to, a natural person
who is an employee of the United States, the cooperating party,
or the cooperating party's subcontractors) or such natural
person's estate, survivors, or subrogees for negligence, except
with respect to a subrogee that is a party to the waiver or has
otherwise agreed to be bound by the terms of the waiver.
(3) Indemnification for damages.--A reciprocal waiver under
subsection (a) may not be used as the basis of a claim by the
Administration or the cooperating party for indemnification
against the other for damages paid to a natural person, or that
natural person's estate, survivors, or subrogees, for injury or
death sustained by that natural person as a result of
activities connected to the International Space Station
Program.
(c) Safety Oversight and Review Required.--In the exercise of the
authority provided in subsection (a), and consistent with relevant
agreements with cooperating parties in the International Space Station
Program, the Administrator shall establish overall safety requirements
and plans and shall conduct overall integrated system safety reviews
for International Space Station elements and payloads, and may
undertake any and all authorized steps (including, but not limited to,
removal from launch manifest) to ensure, to the maximum extent
possible, that such elements and payloads pose no safety risks for the
International Space Station.
(d) Definitions.--In this section:
(1) Cooperating party.--The term ``cooperating party''
means any person who enters into an agreement or contract with
the Administration for the performance or support of
scientific, aeronautical, or space activities in furtherance of
the International Space Station Program.
(2) Related entity.--The term ``related entity'' includes
contractors or subcontractors at any tier, suppliers, grantees,
and investigators or detailees.
(3) Common terms.--Any term used in this section that is
defined in the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451 et seq.) has the same meaning in this section as
when it is used in that Act.
(e) Effect on Previous Waivers.--Subsection (a) applies to any
waiver of claims entered into by the Administrator without regard to
whether it was entered into before, on, or after the date of enactment
of this Act.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 AMENDMENTS.
(a) Declaration of Policy and Purpose.--Section 102 of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively; and
(3) in subsection (g), as redesignated by paragraph (1) of
this subsection, by striking ``(f), and (g)'' and inserting
``and (f)''.
(b) Reports to Congress.--Section 206(a) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is amended--
(1) by striking ``January'' and inserting ``May''; and
(2) by striking ``calendar'' and inserting ``fiscal''.
(c) Disclosure of Technical Data.--Section 303 of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2454) is amended by adding
at the end the following new subsection:
``(c) The Administrator may delay for a period not to exceed 5
years after development, the unrestricted public disclosure of
technical data that would have been a trade secret or commercial or
financial information that is privileged or confidential under the
meaning of section 552(b)(4) of title 5, United States Code, if the
information had been obtained from a non-Federal party, in any case in
which the technical data is generated in the performance of
experimental, developmental, or research activities or programs
conducted by, or funded in whole or in part by, the Administration. The
technical data referred to in the preceding sentence shall not be
subject to the disclosure requirements of section 552 of title 5,
United States Code.''.
SEC. 302. USE OF EXISTING FACILITIES.
(a) In General.--In any case in which the Administrator considers
the purchase, lease, or expansion of a facility to meet requirements of
the National Aeronautics and Space Administration, the Administrator,
taking into account the applicable requirements of Federal law relating
to the use or disposal of excess or surplus property, including the
Federal Property and Administrative Services Act of 1949, shall--
(1) consider whether there is available to the
Administrator for use for meeting those requirements--
(A) any military installation that is closed or
being closed;
(B) any facility at an installation referred to in
subparagraph (A); or
(C) any other facility that the Administrator
determines to be--
(i) owned or leased by the United States
for the use of another agency of the Federal
Government; and
(ii) considered by the head of the agency
involved--
(I) to be excess to the needs of
that agency; or
(II) to be underutilized by that
agency; and
(2) in the case of an underutilized facility available in
part for use to meet those requirements, consider locating an
activity of the National Aeronautics and Space Administration
for which a facility is required at that underutilized facility
in such manner as to share the use of the facility with 1 or
more agencies of the Federal Government.
(b) Addition or Expansion.--To the maximum extent feasible and
cost-effective (and not inconsistent with the purposes of the Defense
Base Closure and Realignment Act of 1990 (104 Stat. 1808 et seq.) and
the amendments made by that Act), the Administrator shall meet the
requirements of the National Aeronautics and Space Administration for
additional or expanded facilities by using facilities that--
(1) the Administrator considers, pursuant to subsection
(a), to be available to the Administrator for use to meet those
requirements; and
(2) meet the management needs of the National Aeronautics
and Space Administration.
(c) Underutilized Infrastructure.--The United States space launch
industry has identified underutilized infrastructure at the Stennis
Space Center for potential use in launch vehicle development
activities. The proposed use of this infrastructure is compatible with
the Center's propulsion test programs and consistent with other efforts
to optimize taxpayer investments while fostering United States
competitiveness and commercial use of space. The National Aeronautics
and Space Administration is encouraged to pursue an appropriate method
for making the underutilized Stennis Space Center infrastructure
available under suitable terms and conditions, if so requested by
industry, and to notify the United States Senate Committee on Commerce,
Science, and Transportation and the United States House of
Representatives Committee on Science if existing Administration
authority is insufficient for this purpose.
SEC. 303. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS BASED ON
SUBSTANTIAL EVIDENCE OF FRAUD.
Section 2307(i)(8) of title 10, United States Code, is amended by
striking ``and (4)'' and inserting ``(4), and (6)''.
SEC. 304. NOTICE.
(a) Notice of Reprogramming.--If any funds appropriated pursuant to
the amendments made by this Act are subject to a reprogramming action
that requires notice to be provided to the Committees on Appropriations
of the Senate and the House of Representatives, notice of that action
shall concurrently be provided to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science of the
House of Representatives.
(b) Notice of Reorganization.--Not later than 30 days before any
major reorganization involving the reassignment of more than 25 percent
of the employees of any program, project, or activity of the National
Aeronautics and Space Administration, the Administrator shall provide
notice to the Committees on Commerce, Science, and Transportation and
Appropriations of the Senate and the Committees on Science and
Appropriations of the House of Representatives.
SEC. 305. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 rapidly approaching, it is the sense of Congress
that the Administrator should--
(1) give high priority to correcting all 2-digit date-
related problems in the computer systems of the National
Aeronautics and Space Administration to ensure that those
systems continue to operate effectively in the year 2000 and in
subsequent years;
(2) as soon as practicable after the date of enactment of
this Act, assess the extent of the risk to the operations of
the National Aeronautics and Space Administration posed by the
problems referred to in paragraph (1), and plan and budget for
achieving compliance for all of the mission-critical systems of
the system by the year 2000; and
(3) develop contingency plans for those systems that the
National Aeronautics and Space Administration is unable to
correct by the year 2000.
SEC. 306. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 (50 U.S.C. 511 et seq.) is
amended--
(1) in section 101 by striking ``transsonic and
supersonic'' and inserting ``transsonic, supersonic, and
hypersonic''; and
(2) in section 103--
(A) in subsection (a)--
(i) by striking ``laboratories'' and
inserting ``laboratories and centers''; and
(ii) by striking ``supersonic'' and
inserting ``transsonic, supersonic, and
hypersonic''; and
(B) in subsection (c), by striking ``laboratory''
and inserting ``facility''.
SEC. 307. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.
(a) Definitions.--In this section:
(1) Educationally useful federal equipment.--The term
``educationally useful Federal equipment'' means computers and
related peripheral tools and research equipment that is
appropriate for use in schools.
(2) School.--The term ``school'' means a public or private
educational institution that serves any of the grades of
kindergarten through grade 12.
(b) Sense of Congress.--
(1) In general.--It is the sense of Congress that the
Administrator should, to the greatest extent practicable and in
a manner consistent with applicable Federal law (including
Executive Order No. 12999), donate educationally useful Federal
equipment to schools in order to enhance the science and
mathematics programs of those schools.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall prepare and submit to Congress a report
describing any donations of educationally useful Federal
equipment to schools made during the period covered by the
report.
SEC. 308. AUTHORITY TO VEST TITLE.
Title III of the National Aeronautics and Space Act of 1958 (72
Stat. 432 et seq.) is amended by adding at the end the following:
``authority to vest title to tangible personal property for research or
technology development
``Sec. 313. Notwithstanding any other provision of law, the
Administrator may vest title in tangible property (as that term is
defined by the Administrator) in any participant that enters into a
cooperative agreement with the Administrator if--
``(1) the primary purpose of the participant is to conduct
scientific research or technology development;
``(2) the property is acquired with amounts provided under
a cooperative agreement between the participant and the
Administrator to conduct scientific research or technology
development;
``(3) the Administrator determines that vesting the title
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.''.
SEC. 309. NASA MID-RANGE PROCUREMENT TEST PROGRAM.
Section 5062 of the Federal Acquisition Streamlining Act of 1994
(42 U.S.C. 2473 nt) is amended--
(1) in subsection (a), by inserting after the first
sentence the following: ``In addition to providing any other
notice of any acquisition under the test conducted under this
section, the Administrator shall publish a notice of that
acquisition in, or make such a notice available through, the
automated version of the Commerce Business Daily published by
the Secretary of Commerce.'';
(2) in subsection (b), by striking ``an estimated annual
total obligation of funds of $500,000 or less'' and inserting
``a basic value (as that term is defined by the
Administrator)--
``(1) of $2,000,000 or less; or
``(2) if options to purchase are involved, of $10,000,000
or less.'';
(3) in subsection (c), by striking ``$100,000,000'' and
inserting ``$500,000,000''; and
(4) in subsection (f), by striking ``4 years'' and
inserting ``6 years''.
SEC. 310. SPACE ADVERTISING.
(a) Definition.--Section 70102 of title 49, United States Code, is
amended--
(1) by redesignating paragraphs (8) through (16) as
paragraphs (9) through (17), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) `obtrusive space advertising' means advertising in
outer space that is capable of being recognized by a human
being on the surface of the Earth without the aid of a
telescope or other technological device.''.
(b) Prohibition.--Chapter 701 of title 49, United States Code, is
amended by inserting after section 70109 the following new section:
``Sec. 70109a. Space advertising
``(a) Licensing.--Notwithstanding the provisions of this chapter or
any other provision of law, the Secretary may not, for the launch of a
payload containing any material to be used for the purposes of
obtrusive space advertising--
``(1) issue or transfer a license under this chapter; or
``(2) waive the license requirements of this chapter.
``(b) Launching.--No holder of a license under this chapter may
launch a payload containing any material to be used for purposes of
obtrusive space advertising on or after the date of enactment of the
National Aeronautics and Space Administration Authorization Act for
Fiscal Year 2000.
``(c) Commercial Space Advertising.--Nothing in this section shall
apply to nonobtrusive commercial space advertising, including
advertising on--
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