PUBLIC LAW 106–391—OCT. 30, 2000 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress 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.

National

Aeronautics and

Space

Administration

Authorization

Act of 2000.

Oct. 30, 2000

[H.R. 1654]

114 STAT. 1578 PUBLIC LAW 106–391—OCT. 30, 2000

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—

PUBLIC LAW 106–391—OCT. 30, 2000 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.

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;

42 USC 2452

note.

114 STAT. 1580 PUBLIC LAW 106–391—OCT. 30, 2000

(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 longterm 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.

PUBLIC LAW 106–391—OCT. 30, 2000 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.

114 STAT. 1582 PUBLIC LAW 106–391—OCT. 30, 2000

(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

PUBLIC LAW 106–391—OCT. 30, 2000 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.

114 STAT. 1584 PUBLIC LAW 106–391—OCT. 30, 2000

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

PUBLIC LAW 106–391—OCT. 30, 2000 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. COMPETITIVENESS AND INTERNATIONAL COOPERATION.

(a) LIMITATION.—(1) As part of the evaluation of the costs

and benefits of entering into an obligation to conduct a space

mission in which a foreign entity will participate as a supplier

of the spacecraft, spacecraft system, or launch system, the Administrator shall solicit comment on the potential impact of such participation through notice published in Commerce Business Daily at

least 45 days before entering into such an obligation.

(2) The Administrator shall certify to the Congress at least

15 days in advance of any cooperative agreement with the People’s

Republic of China, or any company owned by the People’s Republic

of China or incorporated under the laws of the People’s Republic

of China, involving spacecraft, spacecraft systems, launch systems,

or scientific or technical information that—

Certification.

People’s Republic

of China.

Commerce

Business Daily,

publication.

Deadline.

42 USC 2475a.

114 STAT. 1586 PUBLIC LAW 106–391—OCT. 30, 2000

(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. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

(a) BIMONTHLY REPORTING ON RUSSIAN STATUS.—Not later than

the first day of the first month beginning more than 60 days

after the date of the enactment of this Act, and not later than

Deadline.

42 USC 2451

note.

PUBLIC LAW 106–391—OCT. 30, 2000 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) 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. 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.

42 USC 2451

note.

President.

Notification.

Deadline.

114 STAT. 1588 PUBLIC LAW 106–391—OCT. 30, 2000

(2) CALCULATION OF LAUNCH COSTS.—For purposes of paragraph (1)(B)— (A) not more than $380,000,000 in costs for any single

space shuttle launch shall be taken into account; and

(B) if the space shuttle launch costs taken into account

for any single space shuttle launch are less than

$380,000,000, then the Administrator shall arrange for a

verification, by the General Accounting Office, of the

accounting used to determine those costs and shall submit

that verification to the Congress within 60 days after the

date on which the next budget request is transmitted to

the Congress.

(b) COSTS TO WHICH LIMITATION APPLIES.—

(1) DEVELOPMENT COSTS.—The limitation imposed by subsection (a)(1)(A) does not apply to funding for operations,

research, or crew return activities subsequent to substantial

completion of the International Space Station.

(2) LAUNCH COSTS.—The limitation imposed by subsection

(a)(1)(B) does not apply—

(A) to space shuttle launch costs in connection with

operations, research, or crew return activities subsequent

to substantial completion of the International Space Station;

(B) to space shuttle launch costs in connection with

a launch for a mission on which at least 75 percent of

the shuttle payload by mass is devoted to research; nor

(C) to any additional costs incurred in ensuring or

enhancing the safety and reliability of the space shuttle.

(3) SUBSTANTIAL COMPLETION.—For purposes of this subsection, the International Space Station is considered to be

substantially completed when the development costs comprise

5 percent or less of the total International Space Station costs

for the fiscal year.

(c) NOTICE OF CHANGES TO SPACE STATION COSTS.—The

Administrator shall provide with each annual budget request a

written notice and analysis of any changes under subsection (d)

to the amounts set forth in subsection (a) to the Senate Committees

on Appropriations and on Commerce, Science, and Transportation

and to the House of Representatives Committees on Appropriations

and on Science. In addition, such notice may be provided at other

times, as deemed necessary by the Administrator. The written

notice shall include—

(1) an explanation of the basis for the change, including

the costs associated with the change and the expected benefit

to the program to be derived from the change;

(2) an analysis of the impact on the assembly schedule

and annual funding estimates of not receiving the requested

increases; and

(3) an explanation of the reasons that such a change was

not anticipated in previous program budgets.

(d) FUNDING FOR CONTINGENCIES.—

(1) NOTICE REQUIRED.—If funding in excess of the limitation

provided for in subsection (a) is required to address the contingencies described in paragraph (2), then the Administrator

shall provide the written notice required by subsection (c).

In the case of funding described in paragraph (3)(A), such

notice shall be required prior to obligating any of the funding.

Deadline.

PUBLIC LAW 106–391—OCT. 30, 2000 114 STAT. 1589

In the case of funding described in paragraph (3)(B), such

notice shall be required within 15 days after making a decision

to implement a change that increases the space shuttle launch

costs in connection with the assembly of the International Space

Station.

(2) CONTINGENCIES.—The contingencies referred to in paragraph (1) are the following:

(A) The lack of performance or the termination of

participation of any of the International countries party

to the Intergovernmental Agreement.

(B) The loss or failure of a United States-provided

element during launch or on-orbit.

(C) On-orbit assembly problems.

(D) New technologies or training to improve safety

on the International Space Station.

(E) The need to launch a space shuttle to ensure the

safety of the crew or to maintain the integrity of the

station.

(3) AMOUNTS.—The total amount obligated by 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 Administrator

shall arrange for a verification, by the General Accounting

Office, of the accounting submitted to the Congress within

60 days after the date on which the budget request is transmitted to the Congress.

(4) INSPECTOR GENERAL.—Within 60 days after the

Administrator provides a notice and analysis to the Congress

under subsection (c), the Inspector General of the National

Aeronautics and Space Administration shall review the notice

and analysis and report the results of the review to the committees to which the notice and analysis were provided.

Deadline.

Deadline.

Deadline.

114 STAT. 1590 PUBLIC LAW 106–391—OCT. 30, 2000

SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION.

(a) STUDY.—The Administrator shall enter into a contract with

the National Research Council and the National Academy of Public

Administration to jointly conduct a study of the status of life and

microgravity research as it relates to the International Space Station. The study shall include—

(1) an assessment of the United States scientific community’s readiness to use the International Space Station for life

and microgravity research;

(2) an assessment of the current and projected factors

limiting the United States scientific community’s ability to

maximize the research potential of the International Space

Station, including, but not limited to, the past and present

availability of resources in the life and microgravity research

accounts within the Office of Human Spaceflight and the Office

of Life and Microgravity Sciences and Applications and the

past, present, and projected access to space of the scientific

community; and

(3) recommendations for improving the United States scientific community’s ability to maximize the research potential

of the International Space Station, including an assessment

of the relative costs and benefits of—

(A) dedicating an annual mission of the Space Shuttle

to life and microgravity research during assembly of the

International Space Station; and

(B) maintaining the schedule for assembly in place

at the time of the enactment.

(b) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall transmit to the Committee

on Science of the House of Representatives and the Committee

on Commerce, Science, and Transportation of the Senate a report

on the results of the study conducted under this section.

SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION PROGRAM.

Section 434 of the Departments of Veterans Affairs and Housing

and Urban Development, and Independent Agencies Appropriations

Act, 2000 is amended by striking ‘‘2004,’’ each place it appears

and inserting ‘‘2002,’’.

SEC. 205. SPACE STATION 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) 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

Deadline.

42 USC 2451

note.

42 USC 14711

note.

Deadline.

42 USC 2451

note.

PUBLIC LAW 106–391—OCT. 30, 2000 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. 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 costeffective manner.

42 USC 2459g.

114 STAT. 1592 PUBLIC LAW 106–391—OCT. 30, 2000

SEC. 304. COST EFFECTIVENESS CALCULATIONS.

Except as otherwise required by law, in calculating the cost

effectiveness of the cost of the National Aeronautics and Space

Administration engaging in an activity as compared to a commercial

provider, the Administrator shall compare the cost of the National

Aeronautics and Space Administration engaging in the activity

using full cost accounting principles with the price the commercial

provider will charge for such activity.

SEC. 305. FOREIGN CONTRACT LIMITATION.

The National Aeronautics and Space Administration shall not

enter into any agreement or contract with a foreign government

that grants the foreign government the right to recover profit in

the event that the agreement or contract is terminated.

SEC. 306. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS

BASED ON SUBSTANTIAL EVIDENCE OF FRAUD.

Section 2307(i)(8) of title 10, United States Code, is amended

by striking ‘‘and (4)’’ and inserting ‘‘(4), and (6)’’.

SEC. 307. SPACE SHUTTLE UPGRADE STUDY.

(a) STUDY.—The Administrator shall enter into appropriate

arrangements for the conduct of an independent study to reassess

the priority of all Space Shuttle upgrades which are under consideration by the National Aeronautics and Space Administration but

for which substantial development costs have not been incurred.

(b) PRIORITIES.—The study described in subsection (a) shall

establish relative priorities of the upgrades within each of the

following categories:

(1) Upgrades that are safety related.

(2) Upgrades that may have functional or technological

applicability to reusable launch vehicles.

(3) Upgrades that have a payback period within the next

12 years.

(c) COMPLETION DATE.—The results of the study described in

subsection (a) shall be transmitted to the Congress not later than

180 days after the date of the enactment of this Act.

SEC. 308. AERO-SPACE TRANSPORTATION TECHNOLOGY INTEGRATION.

(a) INTEGRATION PLAN.—The Administrator shall develop a plan

for the integration of research, development, and experimental demonstration activities in the aeronautics transportation technology

and space transportation technology areas where appropriate. The

plan shall ensure that integration is accomplished without losing

unique capabilities which support the National Aeronautics and

Space Administration’s defined missions. The plan shall also include

appropriate strategies for using aeronautics centers in integration

efforts.

(b) REPORTS TO CONGRESS.—Not later than 90 days after the

date of the enactment of this Act, the Administrator shall transmit

to the Congress a report containing the plan developed under subsection (a). The Administrator shall transmit to the Congress

annually thereafter for 5 years a report on progress in achieving

such plan, to be transmitted with the annual budget request.

Deadline.

42 USC 2451

note.

42 USC 2475b.

42 USC 2459h.

PUBLIC LAW 106–391—OCT. 30, 2000 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 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.

Reports.

Deadline.

114 STAT. 1594 PUBLIC LAW 106–391—OCT. 30, 2000

(b) REQUIRED IMPROVEMENTS.—The Administrator shall conduct an internal agency study, based on the conclusions of the

study required by subsection (a), of what—

(1) improvements to the current Space Shuttle external

tank; and

(2) other in-space transportation or infrastructure capability developments,

would be required for the safe and economical use of the Space

Shuttle external tank for any or all of the applications identified

by the study required by subsection (a), a report on which shall

be delivered to Congress not later than 45 days after receipt of

the final report required by subsection (a).

(c) CHANGES IN LAW OR POLICY.—Upon receipt of the final

report required by subsection (a), the Administrator shall solicit

comment from industry on what, if any, changes in law or policy

would be required to achieve the applications identified in that

final report. Not later than 90 days after receipt of such final

report, the Administrator shall transmit to the Congress the comments received along with the recommendations of the Administrator as to changes in law or policy that may be required for

those purposes.

SEC. 311. NOTICE.

(a) NOTICE OF REPROGRAMMING.—If any funds authorized by

this Act are subject to a reprogramming action that requires notice

to be provided to the Appropriations Committees of the House

of Representatives and the Senate, notice of such action shall

concurrently be provided to the Committee on Science of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate.

(b) NOTICE OF REORGANIZATION.—The Administrator shall provide notice to the Committees on Science and Appropriations of

the House of Representatives, and the Committees on Commerce,

Science, and Transportation and Appropriations of the Senate, not

later than 30 days before any major reorganization of any program,

project, or activity of the National Aeronautics and Space Administration.

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

The Unitary Wind Tunnel Plan Act of 1949 is amended—

(1) in section 101 (50 U.S.C. 511) by striking ‘‘transsonic

and supersonic’’ and inserting ‘‘transsonic, supersonic, and

hypersonic’’; and

(2) in section 103 (50 U.S.C. 513)—

(A) by striking ‘‘laboratories’’ in subsection (a) and

inserting ‘‘laboratories and centers’’;

(B) by striking ‘‘supersonic’’ in subsection (a) and

inserting ‘‘transsonic, supersonic, and hypersonic’’; and

(C) by striking ‘‘laboratory’’ in subsection (c) and

inserting ‘‘facility’’.

SEC. 313. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT.

(a) ESTABLISHMENT OF PROGRAM.—In order to promote a

‘‘faster, cheaper, better’’ approach to the human exploration and

development of space, the Administrator shall establish a Human

Space Flight Innovative Technologies program of ground-based and

space-based research and development in innovative technologies.

42 USC 2451

note.

Deadline.

42 USC 2473

note.

Reports.

Deadlines.

PUBLIC LAW 106–391—OCT. 30, 2000 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) PLAN.—The Administrator shall provide to the Committee

on Science of the House of Representatives and to the Committee

on Commerce, Science, and Transportation of the Senate, not later

than December 1, 2000, a plan to implement the program established under subsection (a).

SEC. 314. LIFE IN THE UNIVERSE.

(a) REVIEW.—The Administrator shall enter into appropriate

arrangements with the National Academy of Sciences for the conduct of a review of—

(1) international efforts to determine the extent of life

in the universe; and

(2) enhancements that can be made to the National Aeronautics and Space Administration’s efforts to determine the

extent of life in the universe.

(b) ELEMENTS.—The review required by subsection (a) shall

include—

(1) an assessment of the direction of the National Aeronautics and Space Administration’s astrobiology initiatives

within the Origins program;

(2) an assessment of the direction of other initiatives carried out by entities other than the National Aeronautics and

Space Administration to determine the extent of life in the

universe, including other Federal agencies, foreign space agencies, and private groups such as the Search for Extraterrestrial

Intelligence Institute;

(3) recommendations about scientific and technological

enhancements that could be made to the National Aeronautics

and Space Administration’s astrobiology initiatives to effectively

utilize the initiatives of the scientific and technical communities; and

(4) recommendations for possible coordination or integration of National Aeronautics and Space Administration initiatives with initiatives of other entities described in paragraph

(2).

(c) REPORT TO CONGRESS.—Not later than 20 months after

the date of the enactment of this Act, the Administrator shall

transmit to the Congress a report on the results of the review

carried out under this section.

SEC. 315. CARBON CYCLE REMOTE SENSING APPLICATIONS

RESEARCH.

(a) CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH

PROGRAM.—

(1) IN GENERAL.—The Administrator shall develop a carbon

cycle remote sensing applications research program—

42 USC 2451

note.

Deadline.

42 USC 2451

note.

Deadline.

114 STAT. 1596 PUBLIC LAW 106–391—OCT. 30, 2000

(A) to provide a comprehensive view of vegetation

conditions;

(B) to assess and model agricultural carbon sequestration; and

(C) to encourage the development of commercial products, as appropriate.

(2) USE OF CENTERS.—The Administrator of the National

Aeronautics and Space Administration shall use regional earth

science application centers to conduct applications research

under this section.

(3) RESEARCHED AREAS.—The areas that shall be the subjects of research conducted under this section include—

(A) the mapping of carbon-sequestering land use and

land cover;

(B) the monitoring of changes in land cover and

management;

(C) new approaches for the remote sensing of soil

carbon; and

(D) region-scale carbon sequestration estimation.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $5,000,000 of funds

authorized by section 102 for fiscal years 2001 through 2002.

SEC. 316. REMOTE SENSING FOR AGRICULTURAL AND RESOURCE

MANAGEMENT.

(a) INFORMATION DEVELOPMENT.—The Administrator shall—

(1) consult with the Secretary of Agriculture to determine

data product types that are of use to farmers which can be

remotely sensed from air or space;

(2) consider useful commercial data products related to

agriculture as identified by the focused research program

between the National Aeronautics and Space Administration’s

Stennis Space Center and the Department of Agriculture; and

(3) examine other data sources, including commercial

sources, LightSAR, RADARSAT I, and RADARSAT II, which

can provide domestic and international agricultural information

relating to crop conditions, fertilization and irrigation needs,

pest infiltration, soil conditions, projected food, feed, and fiber

production, and other related subjects.

(b) PLAN.—After performing the activities described in subsection (a) the Administrator shall, in consultation with the Secretary of Agriculture, develop a plan to inform farmers and other

prospective users about the use and availability of remote sensing

products that may assist with agricultural and forestry applications

identified in subsection (a). The Administrator shall transmit such

plan to the Congress not later than 180 days after the date of

the enactment of this Act.

(c) IMPLEMENTATION.—Not later than 90 days after the plan

has been transmitted under subsection (b), the Administrator shall

implement the plan.

SEC. 317. 100TH ANNIVERSARY OF FLIGHT EDUCATIONAL INITIATIVE.

(a) EDUCATIONAL INITIATIVE.—In recognition of the 100th

anniversary of the first powered flight, the Administrator, in

coordination with the Secretary of Education, shall develop and

provide for the distribution, for use in the 2001–2002 academic

year and thereafter, of age-appropriate educational materials, for

use at the kindergarten, elementary, and secondary levels, on the

42 USC 2451

note.

Deadline.

Deadline.

7 USC 5935 note.

PUBLIC LAW 106–391—OCT. 30, 2000 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) 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. 319. SENSE OF THE CONGRESS; REQUIREMENT REGARDING

NOTICE.

(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or products that may be

authorized to be purchased with financial assistance provided under

this Act, it is the sense of the Congress that entities receiving

such assistance should, in expending the assistance, purchase only

American-made equipment and products.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Administrator shall provide

to each recipient of the assistance a notice describing the statement

made in subsection (a) by the Congress.

SEC. 320. ANTI-DRUG MESSAGE ON INTERNET SITES.

Not later than 90 days after the date of the enactment of

this Act, the Administrator, in consultation with the Director of

the Office of National Drug Control Policy, shall place anti-drug

messages on Internet sites controlled by the National Aeronautics

and Space Administration.

SEC. 321. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.

(a) DEFINITIONS.—In this section:

(1) EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.—The

term ‘‘educationally useful Federal equipment’’ means computers and related peripheral tools and research equipment

that is appropriate for use in schools.

(2) SCHOOL.—The term ‘‘school’’ means a public or private

educational institution that serves any of the grades of kindergarten through grade 12.

(b) SENSE OF 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.

42 USC 2473

note.

Deadline.

21 USC 801 note.

42 USC 2473

note.

Deadline.

114 STAT. 1598 PUBLIC LAW 106–391—OCT. 30, 2000

(2) 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:

‘‘§ 70109a. Space advertising

‘‘(a) LICENSING.—Notwithstanding the provisions of this chapter

or any other provision of law, the Secretary may not, for the

launch of a payload containing any material to be used for the

purposes of obtrusive space advertising—

‘‘(1) issue or transfer a license under this chapter; or

‘‘(2) waive the license requirements of this chapter.

‘‘(b) LAUNCHING.—No holder of a license under this chapter

may launch a payload containing any material to be used for

purposes of obtrusive space advertising.

‘‘(c) COMMERCIAL SPACE ADVERTISING.—Nothing in this section

shall apply to nonobtrusive commercial space advertising, including

advertising on—

‘‘(1) commercial space transportation vehicles;

‘‘(2) space infrastructure payloads;

‘‘(3) space launch facilities; and

‘‘(4) launch support facilities.’’.

(c) NEGOTIATION WITH FOREIGN LAUNCHING NATIONS.—(1) The

President is requested to negotiate with foreign launching nations

for the purpose of reaching 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.’’.

49 USC 70109a

note.

Deadline.

PUBLIC LAW 106–391—OCT. 30, 2000 114 STAT. 1599

SEC. 323. AERONAUTICAL RESEARCH.

(a) FLIGHT RESEARCH STUDY.—

(1) IN GENERAL.—Within 6 months after the date of the

enactment of this Act, the Administrator shall provide to the

Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Science of the House of Representatives the results of an engineering study of the modifications necessary for the more effective use of the WB–57 flight

research plan.

(2) CONTENTS OF STUDY.—The engineering study provided

by the Administrator under paragraph (1) shall address at

least the following issues:

(A) Replacement of autopilot.

(B) Replacement of landing gear or improved brake

system.

(C) Upgrade of avionics.

(D) Upgrade of engines for higher flight regimes.

(E) Installation of winglets on aircraft wings.

(F) Research benefits to be derived from modifications

of plane.

(G) Associated costs of each of the modifications.

(b) AIRCRAFT ICING RESEARCH PLAN.—

(1) IN GENERAL.—Within 90 days after the date of the

enactment of this Act, the Administrator shall submit a plan

to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Science of the House

of Representatives for aircraft icing research to be conducted

over the 5-year period commencing on October 1, 2000.

(2) CONTENTS OF THE PLAN.—The aircraft icing research

plan submitted by the Administrator under paragraph (1) shall

include at least the following items:

(A) Research goals and objectives.

(B) Funding levels for each of the 5 fiscal years.

(C) Anticipated extent and nature of involvement in

the research program by agencies, organizations, and

companies, both domestic and foreign, other than the

National Aeronautics and Space Administration.

(D) Anticipated resource requirements and locations

of aircraft icing tunnel research and flight research for

each of the 5 fiscal years.

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

(a) TECHNICAL AMENDMENT.—Title III of the National Aeronautics and Space Act of 1958 is amended—

(1) by redesignating sections 309 through 311 as sections

310 through 312, respectively; and

(2) by inserting ‘‘SEC. 309.’’ before ‘‘(a) IN GENERAL.—’’

in the undesignated section added by section 435 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2000.42 USC 2458c.

42 USC 2459,

2459b, 2459c.

Deadline.

Deadline.

114 STAT. 1600 PUBLIC LAW 106–391—OCT. 30, 2000

(b) AMENDMENTS.—Section 309 of the National Aeronautics

and Space Act of 1958 (as so designated by subsection (a)(2) of

this section) is amended—

(1) in subsection (c)(1), by striking ‘‘departments, agencies,

and related entities’’ and inserting ‘‘departments, agencies, and

instrumentalities’’;

(2) in subsection (c)(2), by adding at the end the following

new subparagraph:

‘‘(D) WILLFUL MISCONDUCT.—A reciprocal waiver under

paragraph (1) may not relieve the United States, the developer, the cooperating party, or the related entities of the

developer or cooperating party, of liability for damage or

loss resulting from willful misconduct.’’; and

(3) by adding at the end the following new subsection:

‘‘(f ) TERMINATION.—

‘‘(1) IN GENERAL.—The provisions of this section shall terminate on December 31, 2002, except that the Administrator

may extend the termination date to a date not later than

September 30, 2005, if the Administrator determines that such

extension is in the interests of the United States.

‘‘(2) EFFECT OF TERMINATION ON AGREEMENT.—The termination of this section shall not terminate or otherwise affect

any cross-waiver agreement, insurance agreement, indemnification agreement, or other agreement entered into under this

section, except as may be provided in that agreement.’’.

SEC. 325. USE OF ABANDONED, UNDERUTILIZED, AND EXCESS

BUILDINGS, GROUNDS, AND FACILITIES.

(a) IN GENERAL.—In any case in which the Administrator considers the purchase, lease, or expansion of a facility to meet requirements of the National Aeronautics and Space Administration, the

Administrator shall consider whether those requirements could be

met by the use of one of the following:

(1) Abandoned or underutilized buildings, grounds, and

facilities in depressed communities that can be converted to

National Aeronautics and Space Administration usage at a

reasonable cost, as determined by the Administrator.

(2) Any military installation that is closed or being closed,

or any facility at such an installation.

(3) Any other facility or part of a facility that the Administrator determines to be—

(A) owned or leased by the United States for the use

of another agency of the Federal Government; and

(B) considered by the head of the agency involved—

(i) to be excess to the needs of that agency; or

(ii) to be underutilized by that agency.

42 USC 2473d.

42 USC 2458c.

PUBLIC LAW 106–391—OCT. 30, 2000 114 STAT. 1601

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.

Æ

(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.