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[106th Congress Public Law 391]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ391.106]

[[Page 114 STAT. 1577]]

Public Law 106-391
106th Congress

                                 An Act

 
   To authorize appropriations for the National Aeronautics and Space 
  Administration for fiscal years 2000, 2001, and 2002, and for other 
            purposes. <<NOTE: Oct. 30, 2000 -  [H.R. 1654]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: National Aeronautics and 
Space Administration Authorization Act of 2000.>>  assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Aeronautics and Space Administration Authorization Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

Sec. 101. Human space flight.
Sec. 102. Science, aeronautics, and technology.
Sec. 103. Mission support.
Sec. 104. Inspector general.
Sec. 105. Total authorization.

              Subtitle B--Limitations and Special Authority

Sec. 121. Use of funds for construction.
Sec. 122. Availability of appropriated amounts.
Sec. 123. Reprogramming for construction of facilities.
Sec. 124. Use of funds for scientific consultations or extraordinary 
           expenses.
Sec. 125. Earth science limitation.
Sec. 126. Competitiveness and international cooperation.
Sec. 127. Trans-Hab.
Sec. 128. Consolidated space operations contract.

                  TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station contingency plan.
Sec. 202. Cost limitation for the International Space Station.
Sec. 203. Research on International Space Station.
Sec. 204. Space station commercial development demonstration program.
Sec. 205. Space station research utilization and commercialization 
           management.

                        TITLE III--MISCELLANEOUS

Sec. 301. Requirement for independent cost analysis.
Sec. 302. National Aeronautics and Space Act of 1958 amendments.
Sec. 303. Commercial space goods and services.
Sec. 304. Cost effectiveness calculations.
Sec. 305. Foreign contract limitation.
Sec. 306. Authority to reduce or suspend contract payments based on 
           substantial evidence of fraud.
Sec. 307. Space shuttle upgrade study.
Sec. 308. Aero-space transportation technology integration.
Sec. 309. Definitions of commercial space policy terms.

[[Page 114 STAT. 1578]]

Sec. 310. External tank opportunities study.
Sec. 311. Notice.
Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 313. Innovative technologies for human space flight.
Sec. 314. Life in the universe.
Sec. 315. Carbon cycle remote sensing applications research.
Sec. 316. Remote sensing for agricultural and resource management.
Sec. 317. 100th Anniversary of Flight educational initiative.
Sec. 318. Internet availability of information.
Sec. 319. Sense of the Congress; requirement regarding notice.
Sec. 320. Anti-drug message on Internet sites.
Sec. 321. Enhancement of science and mathematics programs.
Sec. 322. Space advertising.
Sec. 323. Aeronautical research.
Sec. 324. Insurance, indemnification and cross-waivers.
Sec. 325. Use of abandoned, underutilized, and excess buildings, 
           grounds, and 
           facilities.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The National Aeronautics and Space Administration should 
        continue to pursue actions and reforms directed at reducing 
        institutional costs, including management restructuring, 
        facility consolidation, procurement reform, and convergence with 
        defense and commercial sector systems, while sustaining safety 
        standards for personnel and hardware.
            (2) The United States is on the verge of creating and using 
        new technologies in microsatellites, information processing, and 
        space transportation that could radically alter the manner in 
        which the Federal Government approaches its space mission.
            (3) The overwhelming preponderance of the Federal 
        Government's requirements for routine, unmanned space 
        transportation can be met most effectively, efficiently, and 
        economically by a free and competitive market in privately 
        developed and operated space transportation services.
            (4) In formulating a national space transportation service 
        policy, the National Aeronautics and Space Administration should 
        aggressively promote the pursuit by commercial providers of the 
        development of advanced space transportation technologies 
        including reusable space vehicles and human space systems.
            (5) The Federal Government should invest in the types of 
        research and innovative technology in which United States 
        commercial providers do not invest, while avoiding competition 
        with the activities in which United States commercial providers 
        do invest.
            (6) International cooperation in space exploration and 
        science activities most effectively serves the United States 
        national interest--
                    (A) when it--
                          (i) reduces the cost of undertaking missions 
                      the United States Government would pursue 
                      unilaterally;
                          (ii) enables the United States to pursue 
                      missions that it could not otherwise afford to 
                      pursue unilaterally; or
                          (iii) enhances United States capabilities to 
                      use and develop space for the benefit of United 
                      States citizens; and
                    (B) when it--

[[Page 114 STAT. 1579]]

                          (i) is undertaken in a manner that is 
                      sensitive to the desire of United States 
                      commercial providers to develop or explore space 
                      commercially;
                          (ii) is consistent with the need for Federal 
                      agencies to use space to complete their missions; 
                      and
                          (iii) is carried out in a manner consistent 
                      with United States export control laws.
            (7) The National Aeronautics and Space Administration and 
        the Department of Defense should cooperate more effectively in 
        leveraging the mutual capabilities of these agencies to conduct 
        joint aeronautics and space missions that not only improve 
        United States aeronautics and space capabilities, but also 
        reduce the cost of conducting those missions.
            (8) The space shuttle will remain for the foreseeable future 
        the Nation's only means of safe and reliable crewed access to 
        space. As a result, the Congress is committed to funding 
        upgrades designed to improve the shuttle's safety and 
        reliability. The National Aeronautics and Space Administration 
        should continue to provide appropriate levels of funding in its 
        annual budget requests to meet the schedule for completing the 
        high-priority upgrades in a timely manner.
            (9) The Deep Space Network will continue to be a critically 
        important part of the Nation's scientific and exploration 
        infrastructure in the coming decades, and the National 
        Aeronautics and Space Administration should ensure that the 
        Network is adequately maintained and that upgrades required to 
        support future missions are undertaken in a timely manner.
            (10) The Hubble Space Telescope has proven to be an 
        important national astronomical research facility that is 
        revolutionizing our understanding of the universe and should be 
        kept productive, and its capabilities should be maintained and 
        enhanced as appropriate to serve as a scientific bridge to the 
        next generation of space-based observatories.
            (11) The National Aeronautics and Space Administration is to 
        be commended for its successful efforts to transfer mobile 
        robotics technologies to the United States industry through its 
        existing 5-year commitment to the National Robotics Engineering 
        Consortium (NREC). One of the attractive features of this 
        activity has been NREC's ability to attract private sector 
        matching funds for its government-sponsored projects. The 
        National Aeronautics and Space Administration should give strong 
        consideration to a continuation of its commitment to NREC after 
        the current agreement expires.

SEC. 3. DEFINITIONS. <<NOTE: 42 USC 2452 note.>> 

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration;
            (2) the term ``commercial provider'' means any person 
        providing space transportation services or other space-related 
        activities, the primary control of which is held by persons 
        other than a Federal, State, local, or foreign government;
            (3) the term ``critical path'' means the sequence of events 
        of a schedule of events under which a delay in any event causes 
        a delay in the overall schedule;
            (4) the term ``grant agreement'' has the meaning given that 
        term in section 6302(2) of title 31, United States Code;

[[Page 114 STAT. 1580]]

            (5) the term ``institution of higher education'' has the 
        meaning given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001);
            (6) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession of the United States; and
            (7) the term ``United States commercial provider'' means a 
        commercial provider, organized under the laws of the United 
        States or of a State, which is--
                    (A) more than 50 percent owned by United States 
                nationals; or
                    (B) a subsidiary of a foreign company and the 
                Secretary of Commerce finds that--
                          (i) such subsidiary has in the past evidenced 
                      a substantial commitment to the United States 
                      market through--
                                    (I) investments in the United States 
                                in long-term research, development, and 
                                manufacturing (including the manufacture 
                                of major components and subassemblies); 
                                and
                                    (II) significant contributions to 
                                employment in the United States; and
                          (ii) the country or countries in which such 
                      foreign company is incorporated or organized, and, 
                      if appropriate, in which it principally conducts 
                      its business, affords reciprocal treatment to 
                      companies described in subparagraph (A) comparable 
                      to that afforded to such foreign company's 
                      subsidiary in the United States, as evidenced by--
                                    (I) providing comparable 
                                opportunities for companies described in 
                                subparagraph (A) to participate in 
                                Government sponsored research and 
                                development similar to that authorized 
                                under this Act;
                                    (II) providing no barriers to 
                                companies described in subparagraph (A) 
                                with respect to local investment 
                                opportunities that are not provided to 
                                foreign companies in the United States; 
                                and
                                    (III) providing adequate and 
                                effective protection for the 
                                intellectual property rights of 
                                companies described in subparagraph (A).

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

SEC. 101. HUMAN SPACE FLIGHT.

    (a) Fiscal Year 2000.--There are authorized to be appropriated to 
the National Aeronautics and Space Administration for Human Space Flight 
for fiscal year 2000 $5,487,900,000.

[[Page 114 STAT. 1581]]

    (b) Fiscal Years 2001 and 2002.--There are authorized to be 
appropriated to the National Aeronautics and Space Administration for 
Human Space Flight for fiscal years 2001 and 2002 the following amounts:
            (1) For International Space Station--
                    (A) for fiscal year 2001, $2,114,500,000 of which 
                $455,400,000, notwithstanding section 121(a)--
                          (i) shall only be for Space Station research 
                      or for the purposes described in section 
                      102(b)(2); and
                          (ii) shall be administered by the Office of 
                      Life and Microgravity Sciences and Applications; 
                      and
                    (B) for fiscal year 2002, $1,858,500,000, of which 
                $451,600,000, notwithstanding section 121(a)--
                          (i) shall only be for Space Station research 
                      or for the purposes described in section 
                      102(b)(2); and
                          (ii) shall be administered by the Office of 
                      Life and Microgravity Sciences and Applications.
            (2) For Space Shuttle--
                    (A) for fiscal year 2001, $3,165,700,000, of which 
                $492,900,000 shall be for Safety and Performance 
                Upgrades; and
                    (B) for fiscal year 2002, $3,307,800,000.
            (3) For Payload and ELV Support--
                    (A) for fiscal year 2001, $90,200,000; and
                    (B) for fiscal year 2002, $90,300,000.
            (4) For Investments and Support--
                    (A) for fiscal year 2001, $129,500,000, of which 
                $20,000,000 shall be for Technology and 
                Commercialization; and
                    (B) for fiscal year 2002, $131,000,000, of which 
                $20,000,000 shall be for Technology and 
                Commercialization.

SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.

    (a) Fiscal Year 2000.--There are authorized to be appropriated to 
the National Aeronautics and Space Administration for Science, 
Aeronautics, and Technology $5,580,900,000 for fiscal year 2000.
    (b) Fiscal Years 2001 and 2002.--There are authorized to be 
appropriated to the National Aeronautics and Space Administration for 
Science, Aeronautics, and Technology for fiscal years 2001 and 2002 the 
following amounts:
            (1) For Space Science--
                    (A) for fiscal year 2001, $2,417,800,000, of which--
                          (i) $10,500,000 shall be for the Near Earth 
                      Object Survey;
                          (ii) $523,601,000 shall be for the Research 
                      Program; and
                          (iii) $12,000,000 shall be for Space Solar 
                      Power technology; and
                    (B) for fiscal year 2002, $2,630,400,000, of which--
                          (i) $10,500,000 shall be for the Near Earth 
                      Object Survey;
                          (ii) $566,700,000 shall be for the Research 
                      Program;
                          (iii) $12,000,000 shall be for Space Solar 
                      Power technology; and
                          (iv) $5,000,000 shall be for Space Science 
                      Data Buy.

[[Page 114 STAT. 1582]]

            (2) For Life and Microgravity Sciences and Applications--
                    (A) for fiscal year 2001, $335,200,000, of which 
                $2,000,000 shall be for research and early detection 
                systems for breast and ovarian cancer and other women's 
                health issues, $5,000,000 shall be for sounding rocket 
                vouchers, $2,000,000 shall be made available for 
                immediate clinical trials of islet transplantation in 
                patients with Type I diabetes utilizing immunoisolation 
                technologies derived from NASA space flights, and 
                $70,000,000 may be used for activities associated with 
                International Space Station research; and
                    (B) for fiscal year 2002, $344,000,000, of which 
                $2,000,000 shall be for research and early detection 
                systems for breast and ovarian cancer and other women's 
                health issues, appropriate funding shall be made 
                available for continuing clinical trials of islet 
                transplantation in patients with Type I diabetes 
                utilizing immunoisolation technologies derived from NASA 
                space flights, and $80,800,000 may be used for 
                activities associated with International Space Station 
                research.
            (3) For Earth Science, subject to the limitations set forth 
        in section 125--
                    (A) for fiscal year 2001, $1,430,800,000; and
                    (B) for fiscal year 2002, $1,357,500,000.
            (4) For Aero-Space Technology--
                    (A) for fiscal year 2001, $1,224,000,000, of which--
                          (i) at least $36,000,000 shall be for Quiet 
                      Aircraft Technology;
                          (ii) at least $70,000,000 shall be for the 
                      Aviation Safety program;
                          (iii) $50,000,000 shall be for ultra-efficient 
                      engine technology; and
                          (iv) $290,000,000 shall be for Second 
                      Generation RLV Program; and
                    (B) for fiscal year 2002, $1,574,900,000, of which--
                          (i) at least $36,000,000 shall be for Quiet 
                      Aircraft Technology;
                          (ii) at least $70,000,000 shall be for the 
                      Aviation Safety program;
                          (iii) $50,000,000 shall be for ultra-efficient 
                      engine technology; and
                          (iv) $610,000,000 shall be for Second 
                      Generation RLV Program.
            (5) For Space Operations--
                    (A) for fiscal year 2001, $529,400,000; and
                    (B) for fiscal year 2002, $500,800,000.
            (6) For Academic Programs--
                    (A) for fiscal year 2001, $141,300,000, of which--
                          (i) $11,800,000 shall be for the Teacher/
                      Faculty Preparation and Enhancement Programs;
                          (ii) $11,800,000 shall be for the program 
                      known as the Experimental Program to Stimulate 
                      Competitive Research;
                          (iii) $54,000,000 shall be for minority 
                      university research and education (at institutions 
                      such as Hispanic-serving institutions, Alaska 
                      Native serving institutions, Native Hawaiian 
                      serving institutions, and

[[Page 114 STAT. 1583]]

                      tribally controlled colleges and universities), 
                      including $35,900,000 for Historically Black 
                      Colleges and Universities; and
                          (iv) $28,000,000 shall be for space grant 
                      colleges designated under section 208 of the 
                      National Space Grant College and Fellowship Act; 
                      and
                    (B) for fiscal year 2002, $141,300,000, of which--
                          (i) $12,500,000 shall be for the Teacher/
                      Faculty Preparation and Enhancement Programs;
                          (ii) $12,500,000 shall be for the program 
                      known as the Experimental Program to Stimulate 
                      Competitive Research;
                          (iii) $54,000,000 shall be for minority 
                      university research and education (at institutions 
                      such as Hispanic-serving institutions, Alaska 
                      Native serving institutions, Native Hawaiian 
                      serving institutions, and tribally controlled 
                      colleges and universities), including $35,900,000 
                      for Historically Black Colleges and Universities; 
                      and
                          (iv) $28,000,000 shall be for space grant 
                      colleges designated under section 208 of the 
                      National Space Grant College and Fellowship Act.

SEC. 103. MISSION SUPPORT.

    (a) Fiscal Year 2000.--There are authorized to be appropriated to 
the National Aeronautics and Space Administration for Mission Support 
for fiscal year 2000 $2,512,000,000.
    (b) Fiscal Years 2001 and 2002.--There are authorized to be 
appropriated to the National Aeronautics and Space Administration for 
Mission Support for fiscal years 2001 and 2002 the following amounts:
            (1) For Safety, Mission Assurance, Engineering, and Advanced 
        Concepts--
                    (A) for fiscal year 2001, $47,500,000; and
                    (B) for fiscal year 2002, $51,500,000.
            (2) For Construction of Facilities, including land 
        acquisition--
                    (A) for fiscal year 2001, $245,900,000; and
                    (B) for fiscal year 2002, $231,000,000.
            (3) For Research and Program Management, including personnel 
        and related costs, travel, and research operations support--
                    (A) for fiscal year 2001, $2,290,600,000; and
                    (B) for fiscal year 2002, $2,383,700,000.

SEC. 104. INSPECTOR GENERAL.

    There are authorized to be appropriated to the National Aeronautics 
and Space Administration for Inspector General--
            (1) for fiscal year 2000, $20,000,000;
            (2) for fiscal year 2001, $22,000,000; and
            (3) for fiscal year 2002, $22,700,000.

SEC. 105. TOTAL AUTHORIZATION.

    Notwithstanding any other provision of this title, the total amount 
authorized to be appropriated to the National Aeronautics and Space 
Administration under this Act shall not exceed--
            (1) for fiscal year 2001, $14,184,400,000; and
            (2) for fiscal year 2002, $14,625,400,000.

[[Page 114 STAT. 1584]]

              Subtitle B--Limitations and Special Authority

SEC. 121. USE OF FUNDS FOR CONSTRUCTION.

    (a) Authorized Uses.--Funds appropriated under sections 101, 102, 
and 103(b)(1) and funds appropriated for research operations support 
under section 103(b)(3) may, at any location in support of the purposes 
for which such funds are appropriated, be used for--
            (1) the construction of new facilities; and
            (2) additions to, repair of, rehabilitation of, or 
        modification of existing facilities (in existence on the date on 
        which such funds are made available by appropriation).

    (b) Limitation.--
            (1) In general.--Until the date specified in paragraph (2), 
        no funds may be expended pursuant to subsection (a) for a 
        project, with respect to which the estimated cost to the 
        National Aeronautics and Space Administration, including 
        collateral equipment, exceeds $1,000,000.
            (2) Date.--The date specified in this paragraph is the date 
        that is 30 days after the Administrator notifies the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Science of the House of Representatives of the 
        nature, location, and estimated cost to the National Aeronautics 
        and Space Administration of the project referred to in paragraph 
        (1).

    (c) Title to Facilities.--
            (1) In general.--If funds are used pursuant to subsection 
        (a) for grants for the purchase or construction of additional 
        research facilities to institutions of higher education, or to 
        nonprofit organizations whose primary purpose is the conduct of 
        scientific research, title to these facilities shall be vested 
        in the United States.
            (2) Exception.--If the Administrator determines that the 
        national program of aeronautical and space activities will best 
        be served by vesting title to a facility referred to in 
        paragraph (1) in an institution or organization referred to in 
        that paragraph, the title to that facility shall vest in that 
        institution or organization.
            (3) Condition.--Each grant referred to in paragraph (1) 
        shall be made under such conditions as the Administrator 
        determines to be necessary to ensure that the United States will 
        receive benefits from the grant that are adequate to justify the 
        making of the grant.

SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.

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

SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.

    (a) In General.--Appropriations authorized for construction of 
facilities under section 103(b)(2)--
            (1) may be varied upward by 10 percent in the discretion of 
        the Administrator; or

[[Page 114 STAT. 1585]]

            (2) may be varied upward by 25 percent, to meet unusual cost 
        variations, after the expiration of 15 days following a report 
        on the circumstances of such action by the Administrator to the 
        Committee on Science of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.

The aggregate amount authorized to be appropriated for construction of 
facilities under section 103(b)(2) shall not be increased as a result of 
actions authorized under paragraphs (1) and (2) of this subsection.
    (b) Special Rule.--Where the Administrator determines that new 
developments in the national program of aeronautical and space 
activities have occurred; and that such developments require the use of 
additional funds for the purposes of construction, expansion, or 
modification of facilities at any location; and that deferral of such 
action until the enactment of the next National Aeronautics and Space 
Administration authorization Act would be inconsistent with the interest 
of the Nation in aeronautical and space activities, the Administrator 
may use up to $10,000,000 of the amounts authorized under section 
103(b)(2) for each fiscal year for such purposes. No such funds may be 
obligated until a period of 30 days has passed after the Administrator 
has transmitted to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Science of the House 
of Representatives a written report describing the nature of the 
construction, its costs, and the reasons therefor.

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

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

SEC. 125. EARTH SCIENCE LIMITATION.

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

SEC. 126. <<NOTE: 42 USC 2475a.>>  COMPETITIVENESS AND INTERNATIONAL 
            COOPERATION.

    (a) <<NOTE: Commerce Business Daily, publication. Deadline.>>  
Limitation.--(1) As part of the evaluation of the costs and benefits of 
entering into an obligation to conduct a space mission in which a 
foreign entity will participate as a supplier of the spacecraft, 
spacecraft system, or launch system, the Administrator shall solicit 
comment on the potential impact of such participation through notice 
published in Commerce Business Daily at least 45 days before entering 
into such an obligation.

    (2) <<NOTE: Certification. People's Republic of China.>>  The 
Administrator shall certify to the Congress at least 15 days in advance 
of any cooperative agreement with the People's Republic of China, or any 
company owned by the People's Republic of China or incorporated under 
the laws of the People's Republic of China, involving spacecraft, 
spacecraft systems, launch systems, or scientific or technical 
information that--

[[Page 114 STAT. 1586]]

            (A) the agreement is not detrimental to the United States 
        space launch industry; and
            (B) the agreement, including any indirect technical benefit 
        that could be derived from the agreement, will not improve the 
        missile or space launch capabilities of the People's Republic of 
        China.

    (3) The Inspector General of the National Aeronautics and Space 
Administration, in consultation with appropriate agencies, shall conduct 
an annual audit of the policies and procedures of the National 
Aeronautics and Space Administration with respect to the export of 
technologies and the transfer of scientific and technical information, 
to assess the extent to which the National Aeronautics and Space 
Administration is carrying out its activities in compliance with Federal 
export control laws and with paragraph (2).
    (b) National Interests.--Before entering into an obligation 
described in subsection (a), the Administrator shall consider the 
national interests of the United States described in section 2(6).

SEC. 127. TRANS-HAB.

    (a) Replacement Structure.--No funds authorized by this Act shall be 
obligated for the definition, design, procurement, or development of an 
inflatable space structure to replace any International Space Station 
components scheduled for launch in the Assembly Sequence adopted by the 
National Aeronautics and Space Administration in June 1999.
    (b) Exception.--Notwithstanding subsection (a), nothing in this Act 
shall preclude the National Aeronautics and Space Administration from 
leasing or otherwise using a commercially provided inflatable habitation 
module, if such module would--
            (1) cost the same or less, including any necessary 
        modifications to other hardware or operating expenses, than the 
        remaining cost of completing and attaching the baseline 
        habitation module;
            (2) impose no delays to the Space Station Assembly Sequence; 
        and
            (3) result in no increased safety risk.

    (c) Report.--Notwithstanding subsection (a), the National 
Aeronautics and Space Administration shall report to the Congress by 
April 1, 2001, on its findings and recommendations on substituting any 
inflatable habitation module, or other inflatable structures, for one of 
the elements included in the Space Station Assembly Sequence adopted in 
June 1999.

SEC. 128. CONSOLIDATED SPACE OPERATIONS CONTRACT.

    No funds authorized by this Act shall be used to create a 
Government-owned corporation to perform the functions that are the 
subject of the Consolidated Space Operations Contract.

                  TITLE II--INTERNATIONAL SPACE STATION

SEC. 201. <<NOTE: 42 USC 2451 note.>>  INTERNATIONAL SPACE STATION 
            CONTINGENCY PLAN.

    (a) <<NOTE: Deadline.>>  Bimonthly Reporting on Russian Status.--Not 
later than the first day of the first month beginning more than 60 days 
after the date of the enactment of this Act, and not later than

[[Page 114 STAT. 1587]]

the first day of every second month thereafter until October 1, 2006, 
the Administrator shall report to Congress whether or not the Russians 
have performed work expected of them and necessary to complete the 
International Space Station. Each such report shall also include a 
statement of the Administrator's judgment concerning Russia's ability to 
perform work anticipated and required to complete the International 
Space Station before the next report under this subsection.

    (b) <<NOTE: President. Notification. Deadline.>>  Decision on 
Russian Critical Path Items.--The President shall notify Congress within 
90 days after the date of the enactment of this Act of the decision on 
whether or not to proceed with permanent replacement of any Russian 
elements in the critical path of the International Space Station or any 
Russian launch services. Such notification shall include the reasons and 
justifications for the decision and the costs associated with the 
decision. Such decision shall include a judgment of when all elements 
identified in Revision E assembly sequence as of June 1999 will be in 
orbit and operational. If the President decides to proceed with a 
permanent replacement for any Russian element in the critical path or 
any Russian launch services, the President shall notify Congress of the 
reasons and the justification for the decision to proceed with the 
permanent replacement and the costs associated with the decision.

    (c) Assurances.--The United States shall seek assurances from the 
Russian Government that it places a higher priority on fulfilling its 
commitments to the International Space Station than it places on 
extending the life of the Mir Space Station, including assurances that 
Russia will not utilize assets allocated by Russia to the International 
Space Station for other purposes, including extending the life of Mir.
    (d) Equitable Utilization.--In the event that any International 
Partner in the International Space Station Program willfully violates 
any of its commitments or agreements for the provision of agreed-upon 
Space Station-related hardware or related goods or services, the 
Administrator should, in a manner consistent with relevant international 
agreements, seek a commensurate reduction in the utilization rights of 
that Partner until such time as the violated commitments or agreements 
have been fulfilled.
    (e) Operation Costs.--The Administrator shall, in a manner 
consistent with relevant international agreements, seek to reduce the 
National Aeronautics and Space Administration's share of International 
Space Station common operating costs, based upon any additional 
capabilities provided to the International Space Station through the 
National Aeronautics and Space Administration's Russian Program 
Assurance activities.

SEC. 202. <<NOTE: 42 USC 2451 note.>>  COST LIMITATION FOR THE 
            INTERNATIONAL SPACE STATION.

    (a) Limitation of Costs.--
            (1) In general.--Except as provided in subsections (c) and 
        (d), the total amount obligated by the National Aeronautics and 
        Space Administration for--
                    (A) costs of the International Space Station may not 
                exceed $25,000,000,000; and
                    (B) space shuttle launch costs in connection with 
                the assembly of the International Space Station may not 
                exceed $17,700,000,000.

[[Page 114 STAT. 1588]]

            (2) Calculation of launch costs.--For purposes of paragraph 
        (1)(B)--
                    (A) not more than $380,000,000 in costs for any 
                single space shuttle launch shall be taken into account; 
                and
                    (B) <<NOTE: Deadline.>>  if the space shuttle launch 
                costs taken into account for any single space shuttle 
                launch are less than $380,000,000, then the 
                Administrator shall arrange for a verification, by the 
                General Accounting Office, of the accounting used to 
                determine those costs and shall submit that verification 
                to the Congress within 60 days after the date on which 
                the next budget request is transmitted to the Congress.

    (b) Costs to Which Limitation Applies.--
            (1) Development costs.--The limitation imposed by subsection 
        (a)(1)(A) does not apply to funding for operations, research, or 
        crew return activities subsequent to substantial completion of 
        the International Space Station.
            (2) Launch costs.--The limitation imposed by subsection 
        (a)(1)(B) does not apply--
                    (A) to space shuttle launch costs in connection with 
                operations, research, or crew return activities 
                subsequent to substantial completion of the 
                International Space Station;
                    (B) to space shuttle launch costs in connection with 
                a launch for a mission on which at least 75 percent of 
                the shuttle payload by mass is devoted to research; nor
                    (C) to any additional costs incurred in ensuring or 
                enhancing the safety and reliability of the space 
                shuttle.
            (3) Substantial completion.--For purposes of this 
        subsection, the International Space Station is considered to be 
        substantially completed when the development costs comprise 5 
        percent or less of the total International Space Station costs 
        for the fiscal year.

    (c) Notice of Changes to Space Station Costs.--The Administrator 
shall provide with each annual budget request a written notice and 
analysis of any changes under subsection (d) to the amounts set forth in 
subsection (a) to the Senate Committees on Appropriations and on 
Commerce, Science, and Transportation and to the House of 
Representatives Committees on Appropriations and on Science. In 
addition, such notice may be provided at other times, as deemed 
necessary by the Administrator. The written notice shall include--
            (1) an explanation of the basis for the change, including 
        the costs associated with the change and the expected benefit to 
        the program to be derived from the change;
            (2) an analysis of the impact on the assembly schedule and 
        annual funding estimates of not receiving the requested 
        increases; and
            (3) an explanation of the reasons that such a change was not 
        anticipated in previous program budgets.

    (d) Funding for Contingencies.--
            (1) Notice required.--If funding in excess of the limitation 
        provided for in subsection (a) is required to address the 
        contingencies described in paragraph (2), then the Administrator 
        shall provide the written notice required by subsection (c). In 
        the case of funding described in paragraph (3)(A), such notice 
        shall be required prior to obligating any of the funding.

[[Page 114 STAT. 1589]]

        In the <<NOTE: Deadline.>>  case of funding described in 
        paragraph (3)(B), such notice shall be required within 15 days 
        after making a decision to implement a change that increases the 
        space shuttle launch costs in connection with the assembly of 
        the International Space Station.
            (2) Contingencies.--The contingencies referred to in 
        paragraph (1) are the following:
                    (A) The lack of performance or the termination of 
                participation of any of the International countries 
                party to the Intergovernmental Agreement.
                    (B) The loss or failure of a United States-provided 
                element during launch or on-orbit.
                    (C) On-orbit assembly problems.
                    (D) New technologies or training to improve safety 
                on the International Space Station.
                    (E) The need to launch a space shuttle to ensure the 
                safety of the crew or to maintain the integrity of the 
                station.
            (3) Amounts.--The total amount obligated by the National 
        Aeronautics and Space Administration to address the 
        contingencies described in paragraph (2) is limited to--
                    (A) $5,000,000,000 for the International Space 
                Station; and
                    (B) $3,540,000,000 for the space shuttle launch 
                costs in connection with the assembly of the 
                International Space Station.

    (e) Reporting and Review.--
            (1) Identification of costs.--
                    (A) Space shuttle.--As part of the overall space 
                shuttle program budget request for each fiscal year, the 
                Administrator shall identify separately--
                          (i) the amounts of the requested funding that 
                      are to be used for completion of the assembly of 
                      the International Space Station; and
                          (ii) any shuttle research mission described in 
                      subsection (b)(2).
                    (B) International space station.--As part of the 
                overall International Space Station budget request for 
                each fiscal year, the Administrator shall identify the 
                amount to be used for development of the International 
                Space Station.
            (2) Accounting for cost limitations.--As part of the annual 
        budget request to the Congress, the Administrator shall account 
        for the cost limitations imposed by subsection (a).
            (3) Verification of accounting.--The <<NOTE: Deadline.>>  
        Administrator shall arrange for a verification, by the General 
        Accounting Office, of the accounting submitted to the Congress 
        within 60 days after the date on which the budget request is 
        transmitted to the Congress.
            (4) Inspector general.--Within <<NOTE: Deadline.>>  60 days 
        after the Administrator provides a notice and analysis to the 
        Congress under subsection (c), the Inspector General of the 
        National Aeronautics and Space Administration shall review the 
        notice and analysis and report the results of the review to the 
        committees to which the notice and analysis were provided.

[[Page 114 STAT. 1590]]

SEC. 203. <<NOTE: 42 USC 2451 note.>>  RESEARCH ON INTERNATIONAL SPACE 
            STATION.

    (a) Study.--The Administrator shall enter into a contract with the 
National Research Council and the National Academy of Public 
Administration to jointly conduct a study of the status of life and 
microgravity research as it relates to the International Space Station. 
The study shall include--
            (1) an assessment of the United States scientific 
        community's readiness to use the International Space Station for 
        life and microgravity research;
            (2) an assessment of the current and projected factors 
        limiting the United States scientific community's ability to 
        maximize the research potential of the International Space 
        Station, including, but not limited to, the past and present 
        availability of resources in the life and microgravity research 
        accounts within the Office of Human Spaceflight and the Office 
        of Life and Microgravity Sciences and Applications and the past, 
        present, and projected access to space of the scientific 
        community; and
            (3) recommendations for improving the United States 
        scientific community's ability to maximize the research 
        potential of the International Space Station, including an 
        assessment of the relative costs and benefits of--
                    (A) dedicating an annual mission of the Space 
                Shuttle to life and microgravity research during 
                assembly of the International Space Station; and
                    (B) maintaining the schedule for assembly in place 
                at the time of the enactment.

    (b) <<NOTE: Deadline.>>  Report.--Not later than 1 year after the 
date of the enactment of this Act, the Administrator shall transmit to 
the Committee on Science of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study conducted under this section.

SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION PROGRAM.

    Section <<NOTE: 42 USC 14711 note.>>  434 of the Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2000 is amended by striking ``2004,'' each 
place it appears and inserting ``2002,''.

SEC. <<NOTE: 42 USC 2451 note.>>  205. SPACE STATION RESEARCH 
            UTILIZATION AND COMMERCIALIZATION MANAGEMENT.

    (a) Research Utilization and Commercialization Management 
Activities.--The Administrator of the National Aeronautics and Space 
Administration shall enter into an agreement with a non-government 
organization to conduct research utilization and commercialization 
management activities of the International Space Station subsequent to 
substantial completion as defined in section 202(b)(3). The agreement 
may not take effect less than 120 days after the implementation plan for 
the agreement is submitted to the Congress under subsection (b).
    (b) <<NOTE: Deadline.>>  Implementation Plan.--Not later than 
September 30, 2001, the Administrator shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Science of the House of Representatives an implementation plan to 
incorporate the use of a non-government organization

[[Page 114 STAT. 1591]]

for the International Space Station. The implementation plan shall 
include--
            (1) a description of the respective roles and 
        responsibilities of the Administration and the non-government 
        organization;
            (2) a proposed structure for the non-government 
        organization;
            (3) a statement of the resources required;
            (4) a schedule for the transition of responsibilities; and
            (5) a statement of the duration of the agreement.

                        TITLE III--MISCELLANEOUS

SEC. 301. <<NOTE: 42 USC 2459g.>>  REQUIREMENT FOR INDEPENDENT COST 
            ANALYSIS.

    (a) Requirement.--Before any funds may be obligated for Phase B of a 
project that is projected to cost more than $150,000,000 in total 
project costs, the Chief Financial Officer for the National Aeronautics 
and Space Administration shall conduct an independent life-cycle cost 
analysis of such project and shall report the results to Congress. In 
developing cost accounting and reporting standards for carrying out this 
section, the Chief Financial Officer shall, to the extent practicable 
and consistent with other laws, solicit the advice of expertise outside 
of the National Aeronautics and Space Administration.
    (b) Definition.--For purposes of this section, the term ``Phase B'' 
means the latter stages of project formulation, during which the final 
definition of a project is carried out and before project implementation 
(which includes the Design, Development, and Operations Phases) begins.

SEC. 302. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 AMENDMENTS.

    (a) Declaration of Policy and Purpose.--Section 102 of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended--
            (1) by striking subsection (f ) and redesignating 
        subsections (g) and (h) as subsections (f ) and (g), 
        respectively; and
            (2) in subsection (g), as so redesignated by paragraph (1) 
        of this subsection, by striking ``(f ), and (g)'' and inserting 
        ``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''.

SEC. 303. COMMERCIAL SPACE GOODS AND SERVICES.

    It is the sense of the Congress that the National Aeronautics and 
Space Administration shall purchase commercially available space goods 
and services to the fullest extent feasible and shall not conduct 
activities with commercial applications that preclude or deter 
commercial space activities except for reasons of national security or 
public safety. A space good or service shall be deemed commercially 
available if it is offered by a commercial provider, or if it could be 
supplied by a commercial provider in response to a Government 
procurement request. For purposes of this section, a purchase is 
feasible if it meets mission requirements in a cost-effective manner.

[[Page 114 STAT. 1592]]

SEC. 304. <<NOTE: 42 USC 2459h.>>  COST EFFECTIVENESS CALCULATIONS.

    Except as otherwise required by law, in calculating the cost 
effectiveness of the cost of the National Aeronautics and Space 
Administration engaging in an activity as compared to a commercial 
provider, the Administrator shall compare the cost of the National 
Aeronautics and Space Administration engaging in the activity using full 
cost accounting principles with the price the commercial provider will 
charge for such activity.

SEC. <<NOTE: 42 USC 2475b.>>  305. FOREIGN CONTRACT LIMITATION.

    The National Aeronautics and Space Administration shall not enter 
into any agreement or contract with a foreign government that grants the 
foreign government the right to recover profit in the event that the 
agreement or contract is terminated.

SEC. 306. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS BASED ON 
            SUBSTANTIAL EVIDENCE OF FRAUD.

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

SEC. 307. SPACE SHUTTLE UPGRADE STUDY.

    (a) Study.--The Administrator shall enter into appropriate 
arrangements for the conduct of an independent study to reassess the 
priority of all Space Shuttle upgrades which are under consideration by 
the National Aeronautics and Space Administration but for which 
substantial development costs have not been incurred.
    (b) Priorities.--The study described in subsection (a) shall 
establish relative priorities of the upgrades within each of the 
following categories:
            (1) Upgrades that are safety related.
            (2) Upgrades that may have functional or technological 
        applicability to reusable launch vehicles.
            (3) Upgrades that have a payback period within the next 12 
        years.

    (c) Completion Date.--The results of the study described in 
subsection (a) shall be transmitted to the Congress not later than 180 
days after the date of the enactment of this Act.

SEC. 308. <<NOTE: 42 USC 2451 note.>>  AERO-SPACE TRANSPORTATION 
            TECHNOLOGY INTEGRATION.

    (a) Integration Plan.--The Administrator shall develop a plan for 
the integration of research, development, and experimental demonstration 
activities in the aeronautics transportation technology and space 
transportation technology areas where appropriate. The plan shall ensure 
that integration is accomplished without losing unique capabilities 
which support the National Aeronautics and Space Administration's 
defined missions. The plan shall also include appropriate strategies for 
using aeronautics centers in integration efforts.
    (b) <<NOTE: Deadline.>>  Reports to Congress.--Not later than 90 
days after the date of the enactment of this Act, the Administrator 
shall transmit to the Congress a report containing the plan developed 
under subsection (a). The Administrator shall transmit to the Congress 
annually thereafter for 5 years a report on progress in achieving such 
plan, to be transmitted with the annual budget request.

[[Page 114 STAT. 1593]]

SEC. 309. DEFINITIONS OF COMMERCIAL SPACE POLICY TERMS.

    It is the sense of the Congress that the Administrator should 
ensure, to the extent practicable, that the usage of terminology in 
National Aeronautics and Space Administration policies and programs with 
respect to space activities is consistent with the following 
definitions:
            (1) The term ``commercialization'' means actions or policies 
        which promote or facilitate the private creation or expansion of 
        commercial markets for privately developed and privately 
        provided space goods and services, including privatized space 
        activities.
            (2) The term ``commercial purchase'' means a purchase by the 
        Federal Government of space goods and services at a market price 
        from a private entity which has invested private resources to 
        meet commercial requirements.
            (3) The term ``commercial use of Federal assets'' means the 
        use of Federal assets by a private entity to deliver services to 
        commercial customers, with or without putting private capital at 
        risk.
            (4) The term ``contract consolidation'' means the combining 
        of two or more Government service contracts for related space 
        activities into one larger Government service contract.
            (5) The term ``privatization'' means the process of 
        transferring--
                    (A) control and ownership of Federal space-related 
                assets, along with the responsibility for operating, 
                maintaining, and upgrading those assets, to the private 
                sector; or
                    (B) control and responsibility for space-related 
                functions from the Federal Government to the private 
                sector.

SEC. 310. EXTERNAL TANK OPPORTUNITIES STUDY.

    (a) Applications.--The Administrator shall enter into appropriate 
arrangements for an independent study to identify, and evaluate the 
potential benefits and costs of, the broadest possible range of 
commercial and scientific applications which are enabled by the launch 
of Space Shuttle external tanks into Earth orbit and retention in space, 
including--
            (1) the use of privately owned external tanks as a venue for 
        commercial advertising on the ground, during ascent, and in 
        Earth orbit, except that such study shall not consider 
        advertising that while in orbit is observable from the ground 
        with the unaided human eye;
            (2) the use of external tanks to achieve scientific or 
        technology demonstration missions in Earth orbit, on the Moon, 
        or elsewhere in space; and
            (3) the use of external tanks as low-cost infrastructure in 
        Earth orbit or on the Moon, including as an augmentation to the 
        International Space Station.

A final <<NOTE: Reports. Deadline.>>  report on the results of such 
study shall be delivered to the Congress not later than 90 days after 
the date of the enactment of this Act. Such report shall include 
recommendations as to Government and industry-funded improvements to the 
external tank which would maximize its cost-effectiveness for the 
scientific and commercial applications identified.

[[Page 114 STAT. 1594]]

    (b) Required Improvements.--The Administrator shall conduct an 
internal agency study, based on the conclusions of the study required by 
subsection (a), of what--
            (1) improvements to the current Space Shuttle external tank; 
        and
            (2) <<NOTE: Reports. Deadlines.>>  other in-space 
        transportation or infrastructure capability developments,

would be required for the safe and economical use of the Space Shuttle 
external tank for any or all of the applications identified by the study 
required by subsection (a), a report on which shall be delivered to 
Congress not later than 45 days after receipt of the final report 
required by subsection (a).
    (c) Changes in Law or Policy.--Upon receipt of the final report 
required by subsection (a), the Administrator shall solicit comment from 
industry on what, if any, changes in law or policy would be required to 
achieve the applications identified in that final report. Not later than 
90 days after receipt of such final report, the Administrator shall 
transmit to the Congress the comments received along with the 
recommendations of the Administrator as to changes in law or policy that 
may be required for those purposes.

SEC. 311. <<NOTE: 42 USC 2473 note.>>  NOTICE.

    (a) Notice of Reprogramming.--If any funds authorized by this Act 
are subject to a reprogramming action that requires notice to be 
provided to the Appropriations Committees of the House of 
Representatives and the Senate, notice of such action shall concurrently 
be provided to the Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate.
    (b) <<NOTE: Deadline.>>  Notice of Reorganization.--The 
Administrator shall provide notice to the Committees on Science and 
Appropriations of the House of Representatives, and the Committees on 
Commerce, Science, and Transportation and Appropriations of the Senate, 
not later than 30 days before any major reorganization of any program, 
project, or activity of the National Aeronautics and Space 
Administration.

SEC. 312. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS.

    The Unitary Wind Tunnel Plan Act of 1949 is amended--
            (1) in section 101 (50 U.S.C. 511) by striking ``transsonic 
        and supersonic'' and inserting ``transsonic, supersonic, and 
        hypersonic''; and
            (2) in section 103 (50 U.S.C. 513)--
                    (A) by striking ``laboratories'' in subsection (a) 
                and inserting ``laboratories and centers'';
                    (B) by striking ``supersonic'' in subsection (a) and 
                inserting ``transsonic, supersonic, and hypersonic''; 
                and
                    (C) by striking ``laboratory'' in subsection (c) and 
                inserting ``facility''.

SEC. <<NOTE: 42 USC 2451 note.>>  313. INNOVATIVE TECHNOLOGIES FOR HUMAN 
            SPACE FLIGHT.

    (a) Establishment of Program.--In order to promote a ``faster, 
cheaper, better'' approach to the human exploration and development of 
space, the Administrator shall establish a Human Space Flight Innovative 
Technologies program of ground-based and space-based research and 
development in innovative technologies.

[[Page 114 STAT. 1595]]

The program shall be part of the Technology and Commercialization 
program.
    (b) Awards.--At least 75 percent of the amount appropriated for 
Technology and Commercialization under section 101(b)(4) for any fiscal 
year shall be awarded through broadly distributed announcements of 
opportunity that solicit proposals from educational institutions, 
industry, nonprofit institutions, National Aeronautics and Space 
Administration Centers, the Jet Propulsion Laboratory, other Federal 
agencies, and other interested organizations, and that allow 
partnerships among any combination of those entities, with evaluation, 
prioritization, and recommendations made by external peer review panels.
    (c) <<NOTE: Deadline.>>  Plan.--The Administrator shall provide to 
the Committee on Science of the House of Representatives and to the 
Committee on Commerce, Science, and Transportation of the Senate, not 
later than December 1, 2000, a plan to implement the program established 
under subsection (a).

SEC. <<NOTE: 42 USC 2451 note.>>  314. LIFE IN THE UNIVERSE.

    (a) Review.--The Administrator shall enter into appropriate 
arrangements with the National Academy of Sciences for the conduct of a 
review of--
            (1) international efforts to determine the extent of life in 
        the universe; and
            (2) enhancements that can be made to the National 
        Aeronautics and Space Administration's efforts to determine the 
        extent of life in the universe.

    (b) Elements.--The review required by subsection (a) shall include--
            (1) an assessment of the direction of the National 
        Aeronautics and Space Administration's astrobiology initiatives 
        within the Origins program;
            (2) an assessment of the direction of other initiatives 
        carried out by entities other than the National Aeronautics and 
        Space Administration to determine the extent of life in the 
        universe, including other Federal agencies, foreign space 
        agencies, and private groups such as the Search for 
        Extraterrestrial Intelligence Institute;
            (3) recommendations about scientific and technological 
        enhancements that could be made to the National Aeronautics and 
        Space Administration's astrobiology initiatives to effectively 
        utilize the initiatives of the scientific and technical 
        communities; and
            (4) recommendations for possible coordination or integration 
        of National Aeronautics and Space Administration initiatives 
        with initiatives of other entities described in paragraph (2).

    (c) <<NOTE: Deadline.>>  Report to Congress.--Not later than 20 
months after the date of the enactment of this Act, the Administrator 
shall transmit to the Congress a report on the results of the review 
carried out under this section.

SEC. <<NOTE: 42 USC 2451 note.>>  315. CARBON CYCLE REMOTE SENSING 
            APPLICATIONS RESEARCH.

    (a) Carbon Cycle Remote Sensing Applications Research Program.--
            (1) In general.--The Administrator shall develop a carbon 
        cycle remote sensing applications research program--

[[Page 114 STAT. 1596]]

                    (A) to provide a comprehensive view of vegetation 
                conditions;
                    (B) to assess and model agricultural carbon 
                sequestration; and
                    (C) to encourage the development of commercial 
                products, as appropriate.
            (2) Use of centers.--The Administrator of the National 
        Aeronautics and Space Administration shall use regional earth 
        science application centers to conduct applications research 
        under this section.
            (3) Researched areas.--The areas that shall be the subjects 
        of research conducted under this section include--
                    (A) the mapping of carbon-sequestering land use and 
                land cover;
                    (B) the monitoring of changes in land cover and 
                management;
                    (C) new approaches for the remote sensing of soil 
                carbon; and
                    (D) region-scale carbon sequestration estimation.

    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 of funds authorized by 
section 102 for fiscal years 2001 through 2002.

SEC. 316. <<NOTE: 7 USC 5935 note.>>  REMOTE SENSING FOR AGRICULTURAL 
            AND RESOURCE MANAGEMENT.

    (a) Information Development.--The Administrator shall--
            (1) consult with the Secretary of Agriculture to determine 
        data product types that are of use to farmers which can be 
        remotely sensed from air or space;
            (2) consider useful commercial data products related to 
        agriculture as identified by the focused research program 
        between the National Aeronautics and Space Administration's 
        Stennis Space Center and the Department of Agriculture; and
            (3) examine other data sources, including commercial 
        sources, LightSAR, RADARSAT I, and RADARSAT II, which can 
        provide domestic and international agricultural information 
        relating to crop conditions, fertilization and irrigation needs, 
        pest infiltration, soil conditions, projected food, feed, and 
        fiber production, and other related subjects.

    (b) Plan.--After performing the activities described in subsection 
(a) the Administrator shall, in consultation with the Secretary of 
Agriculture, develop a plan to inform farmers and other prospective 
users about the use and availability of remote sensing products that may 
assist with agricultural and forestry applications identified in 
subsection (a). <<NOTE: Deadline.>>  The Administrator shall transmit 
such plan to the Congress not later than 180 days after the date of the 
enactment of this Act.

    (c) <<NOTE: Deadline.>>  Implementation.--Not later than 90 days 
after the plan has been transmitted under subsection (b), the 
Administrator shall implement the plan.

SEC. <<NOTE: 42 USC 2451 note.>>  317. 100TH ANNIVERSARY OF FLIGHT 
            EDUCATIONAL INITIATIVE.

    (a) Educational Initiative.--In recognition of the 100th anniversary 
of the first powered flight, the Administrator, in coordination with the 
Secretary of Education, shall develop and provide for the distribution, 
for use in the 2001-2002 academic year and thereafter, of age-
appropriate educational materials, for use at the kindergarten, 
elementary, and secondary levels, on the

[[Page 114 STAT. 1597]]

history of flight, the contribution of flight to global development in 
the 20th century, the practical benefits of aeronautics and space flight 
to society, the scientific and mathematical principles used in flight, 
and any other related topics the Administrator considers appropriate. 
The Administrator shall integrate into the educational materials plans 
for the development and flight of the Mars plane.
    (b) <<NOTE: Deadline.>>  Report to Congress.--Not later than 
December 1, 2000, the Administrator shall transmit a report to the 
Congress on activities undertaken pursuant to this section.

SEC. 318. INTERNET AVAILABILITY OF INFORMATION.

    Upon the conclusion of the research under a research grant or award 
of $50,000 or more made with funds authorized by this Act, the 
Administrator shall make available through the Internet home page of the 
National Aeronautics and Space Administration a brief summary of the 
results and importance of such research grant or award. Nothing in this 
section shall be construed to require or permit the release of any 
information prohibited by law or regulation from being released to the 
public.

SEC. <<NOTE: 42 USC 2473 note.>>  319. SENSE OF THE CONGRESS; 
            REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased with 
financial assistance provided under this Act, it is the sense of the 
Congress that entities receiving such assistance should, in expending 
the assistance, purchase only American-made equipment and products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Administrator shall provide to each 
recipient of the assistance a notice describing the statement made in 
subsection (a) by the Congress.

SEC. <<NOTE: 21 USC 801 note.>>  320. ANTI-DRUG MESSAGE ON INTERNET 
            SITES.

    Not <<NOTE: Deadline.>>  later than 90 days after the date of the 
enactment of this Act, the Administrator, in consultation with the 
Director of the Office of National Drug Control Policy, shall place 
anti-drug messages on Internet sites controlled by the National 
Aeronautics and Space Administration.

SEC. 321. <<NOTE: 42 USC 2473 note.>>  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 the Congress.--
            (1) In general.--It is the sense of the 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.

[[Page 114 STAT. 1598]]

            (2) <<NOTE: Deadline.>>  Reports.--Not later than 1 year 
        after the date of the enactment of this Act, and annually 
        thereafter, the Administrator shall prepare and submit to 
        Congress a report describing any donations of educationally 
        useful Federal equipment to schools made during the period 
        covered by the report.

SEC. 322. SPACE ADVERTISING.

    (a) Definition.--Section 70102 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (8) through (16) as 
        paragraphs (9) through (17), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) `obtrusive space advertising' means advertising in 
        outer space that is capable of being recognized by a human being 
        on the surface of the Earth without the aid of a telescope or 
        other technological device.''.

    (b) Prohibition.--Chapter 701 of title 49, United States Code, is 
amended by inserting after section 70109 the following new section:

``Sec. 70109a. Space advertising

    ``(a) Licensing.--Notwithstanding the provisions of this chapter or 
any other provision of law, the Secretary may not, for the launch of a 
payload containing any material to be used for the purposes of obtrusive 
space advertising--
            ``(1) issue or transfer a license under this chapter; or
            ``(2) waive the license requirements of this chapter.

    ``(b) Launching.--No holder of a license under this chapter may 
launch a payload containing any material to be used for purposes of 
obtrusive space advertising.
    ``(c) Commercial Space Advertising.--Nothing in this section shall 
apply to nonobtrusive commercial space advertising, including 
advertising on--
            ``(1) commercial space transportation vehicles;
            ``(2) space infrastructure payloads;
            ``(3) space launch facilities; and
            ``(4) launch support facilities.''.

    (c) <<NOTE: 49 USC 70109a note.>>  Negotiation With Foreign 
Launching Nations.--(1) The President is requested to negotiate with 
foreign launching nations for the purpose of reaching one or more 
agreements that prohibit the use of outer space for obtrusive space 
advertising purposes.

    (2) It is the sense of the Congress that the President should take 
such action as is appropriate and feasible to enforce the terms of any 
agreement to prohibit the use of outer space for obtrusive space 
advertising purposes.
    (3) As used in this subsection, the term ``foreign launching 
nation'' means a nation--
            (A) that launches, or procures the launching of, a payload 
        into outer space; or
            (B) from the territory or facility of which a payload is 
        launched into outer space.

    (d) Clerical Amendment.--The table of sections for chapter 701 is 
amended by inserting after the item relating to section 70109 the 
following:

    ``70109a. Space advertising.''.

[[Page 114 STAT. 1599]]

SEC. 323. AERONAUTICAL RESEARCH.

    (a) Flight Research Study.--
            (1) In <<NOTE: Deadline.>>  general.--Within 6 months after 
        the date of the enactment of this Act, the Administrator shall 
        provide to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science of the 
        House of Representatives the results of an engineering study of 
        the modifications necessary for the more effective use of the 
        WB-57 flight research plan.
            (2) Contents of study.--The engineering study provided by 
        the Administrator under paragraph (1) shall address at least the 
        following issues:
                    (A) Replacement of autopilot.
                    (B) Replacement of landing gear or improved brake 
                system.
                    (C) Upgrade of avionics.
                    (D) Upgrade of engines for higher flight regimes.
                    (E) Installation of winglets on aircraft wings.
                    (F) Research benefits to be derived from 
                modifications of plane.
                    (G) Associated costs of each of the modifications.

    (b) Aircraft Icing Research Plan.--
            (1) <<NOTE: Deadline.>>  In general.--Within 90 days after 
        the date of the enactment of this Act, the Administrator shall 
        submit a plan to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science of the 
        House of Representatives for aircraft icing research to be 
        conducted over the 5-year period commencing on October 1, 2000.
            (2) Contents of the plan.--The aircraft icing research plan 
        submitted by the Administrator under paragraph (1) shall include 
        at least the following items:
                    (A) Research goals and objectives.
                    (B) Funding levels for each of the 5 fiscal years.
                    (C) Anticipated extent and nature of involvement in 
                the research program by agencies, organizations, and 
                companies, both domestic and foreign, other than the 
                National Aeronautics and Space Administration.
                    (D) Anticipated resource requirements and locations 
                of aircraft icing tunnel research and flight research 
                for each of the 5 fiscal years.

SEC. 324. INSURANCE, INDEMNIFICATION, AND CROSS-WAIVERS.

    (a) Technical Amendment.--Title III of the National Aeronautics and 
Space Act of 1958 is amended--
            (1) by redesignating <<NOTE: 42 USC 2459, 2459b, 2459c.>>  
        sections 309 through 311 as sections 310 through 312, 
        respectively; and
            (2) by inserting ``Sec. 309.'' before ``(a) In General.--'' 
        in the undesignated section added by section 435 <<NOTE: 42 USC 
        2458c.>>  of the Departments of Veterans Affairs and Housing and 
        Urban Development, and Independent Agencies Appropriations Act, 
        2000.

[[Page 114 STAT. 1600]]

    (b) Amendments.--Section 309 of the National Aeronautics and Space 
Act of 1958 <<NOTE: 42 USC 2458c.>>  (as so designated by subsection 
(a)(2) of this section) is amended--
            (1) in subsection (c)(1), by striking ``departments, 
        agencies, and related entities'' and inserting ``departments, 
        agencies, and instrumentalities'';
            (2) in subsection (c)(2), by adding at the end the following 
        new subparagraph:
                    ``(D) Willful misconduct.--A reciprocal waiver under 
                paragraph (1) may not relieve the United States, the 
                developer, the cooperating party, or the related 
                entities of the developer or cooperating party, of 
                liability for damage or loss resulting from willful 
                misconduct.''; and
            (3) by adding at the end the following new subsection:

    ``(f ) Termination.--
            ``(1) In general.--The provisions of this section shall 
        terminate on December 31, 2002, except that the Administrator 
        may extend the termination date to a date not later than 
        September 30, 2005, if the Administrator determines that such 
        extension is in the interests of the United States.
            ``(2) Effect of termination on agreement.--The termination 
        of this section shall not terminate or otherwise affect any 
        cross-waiver agreement, insurance agreement, indemnification 
        agreement, or other agreement entered into under this section, 
        except as may be provided in that agreement.''.

SEC. 325. <<NOTE: 42 USC 2473d.>>  USE OF ABANDONED, UNDERUTILIZED, AND 
            EXCESS BUILDINGS, GROUNDS, AND FACILITIES.

    (a) In General.--In any case in which the Administrator considers 
the purchase, lease, or expansion of a facility to meet requirements of 
the National Aeronautics and Space Administration, the Administrator 
shall consider whether those requirements could be met by the use of one 
of the following:
            (1) Abandoned or underutilized buildings, grounds, and 
        facilities in depressed communities that can be converted to 
        National Aeronautics and Space Administration usage at a 
        reasonable cost, as determined by the Administrator.
            (2) Any military installation that is closed or being 
        closed, or any facility at such an installation.
            (3) Any other facility or part of a facility that the 
        Administrator determines to be--
                    (A) owned or leased by the United States for the use 
                of another agency of the Federal Government; and
                    (B) considered by the head of the agency involved--
                          (i) to be excess to the needs of that agency; 
                      or
                          (ii) to be underutilized by that agency.

[[Page 114 STAT. 1601]]

    (b) Definition.--For the purposes of this section, the term 
``depressed communities'' means rural and urban communities that are 
relatively depressed, in terms of age of housing, extent of poverty, 
growth of per capita income, extent of unemployment, job lag, or surplus 
labor.

    Approved October 30, 2000.

LEGISLATIVE HISTORY--H.R. 1654 (S. 342):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-145 (Comm. on Science) and 106-843 (Comm. of 
Conference).
SENATE REPORTS: No. 106-77 accompanying S. 342 (Comm. on Commerce, 
Science and Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    May 19, considered and passed House.
                                    Nov. 5, considered and passed 
                                        Senate, amended.
                                                        Vol. 146 (2000):
                                    Sept. 14, House agreed to conference 
                                        report.
                                    Oct. 13, Senate agreed to conference 
                                        report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Oct. 30, Presidential statement.

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