In the Senate of the United States,
November 5, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 1654) entitled ‘‘An Act to authorize appropria-
tions for the National Aeronautics and Space Administration
for fiscal years 2000, 2001, and 2002, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Na-
tional Aeronautics and Space Administration Authoriza-
tion Act for Fiscal Years 2000, 2001, and 2002’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—AUTHORIZATION OF APPROPRIATIONS
Subtitle A—Authorizations
Sec. 101. International Space Station.
Sec. 102. Launch Vehicle and Payload Operations.
Sec. 103. Science, aeronautics, and technology.
Sec. 104. Mission support.
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Sec. 105. Inspector General.
Sec. 106. Experimental Program to Stimulate Competitive Research.
Subtitle B—Limitations and Special Authority
Sec. 111. Use of funds for construction.
Sec. 112. Availability of appropriated amounts.
Sec. 113. Reprogramming for construction of facilities.
Sec. 114. Consideration by committees.
Sec. 115. Use of funds for scientific consultations or extraordinary expenses.
TITLE II—INTERNATIONAL SPACE STATION
Sec. 201. International Space Station contingency plan.
Sec. 202. Cost limitation for the International Space Station.
Sec. 203. Liability cross-waivers for International Space Station-related activi-
ties.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. National Aeronautics and Space Act of 1958 amendments.
Sec. 302. Use of existing facilities.
Sec. 303. Authority to reduce or suspend contract payments based on substantial
evidence of fraud.
Sec. 304. Notice.
Sec. 305. Sense of Congress on the year 2000 problem.
Sec. 306. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 307. Enhancement of science and mathematics programs.
Sec. 308. Authority to vest title.
Sec. 309. NASA mid-range procurement test program.
Sec. 310. Space advertising.
Sec. 311. Authority to license NASA-developed software.
Sec. 312. Carbon cycle remote sensing technology.
Sec. 313. Indemnification and insurance.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The National Aeronautics and Space Admin-
istration should continue to pursue actions and re-
forms directed at reducing institutional costs, includ-
ing management restructuring, facility consolidation,
procurement reform, personnel base downsizing, and
convergence with other defense and commercial sector
systems, while sustaining safety standards for per-
sonnel and hardware.
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(2) The National Aeronautics and Space Admin-
istration should sustain its proud history as the lead-
er of the United States in basic aeronautics and space
research.
(3) The United States is on the verge of creating
and using new technologies in microsatellites, infor-
mation processing, and space launches that could
radically alter the manner in which the Federal Gov-
ernment approaches its space mission.
(4) 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.
(5) International cooperation in space explo-
ration and science activities serves the interest of the
United States.
(6) In participating in the National Aero-
nautical Test Alliance, 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.
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SEC. 3. DEFINITIONS.
In this Act:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National Aer-
onautics and Space Administration.
(2) COMMERCIAL
PROVIDER.—The term ‘‘com-
mercial provider’’ means any person providing space
transportation services or other space-related activi-
ties, the primary control of which is held by persons
other than a Federal, State, local, or foreign govern-
ment.
(3) CRITICAL PATH.—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) GRANT
AGREEMENT.—The term ‘‘grant
agreement’’ has the meaning given that term in sec-
tion 6302(2) of title 31, United States Code.
(5) INSTITUTION OF HIGHER EDUCATION.—The
term ‘‘institution of higher education’’ has the mean-
ing given such term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a)).
(6) MAJOR REORGANIZATION.—With respect to
the National Aeronautics and Space Administration,
the term ‘‘major reorganization’’ means any reorga-
nization of the Administration that involves the reas-
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signment of more than 25 percent of the employees of
the National Aeronautics and Space Administration.
(7) STATE.—The term ‘‘State’’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and any other com-
monwealth, territory, or possession of the United
States.
TITLE I—AUTHORIZATION OF
APPROPRIATIONS
Subtitle A—Authorizations
SEC. 101. INTERNATIONAL SPACE STATION.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for the Inter-
national Space Station—
(1) $2,282,700,000 for fiscal year 2000;
(2) $2,328,000,000 for fiscal year 2001; and
(3) $2,091,000,000 for fiscal year 2002.
SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.
There are authorized to be appropriated to National
Aeronautics and Space Administration for Launch Vehicle
and Payload Operations—
(1) for fiscal year 2000—
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(A) $2,547,400,000 for space shuttle oper-
ations;
(B) $463,800,000 for space shuttle safety
and performance upgrades; and
(C) $169,100,000 for payload and utiliza-
tion operations.
(2) for fiscal year 2001—
(A) $2,623,822,000 for space shuttle oper-
ations;
(B) $481,964,000 for space shuttle safety
and performance upgrades; and
(C) $174,173,000 for payload and utiliza-
tion operations.
(3) for fiscal year 2002—
(A) $2,702,537,000 for space shuttle oper-
ations;
(B) $505,523,000 for space shuttle safety/
performance upgrades; and
(C) $179,398,000 for payload and utiliza-
tion operations.
SEC. 103. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Science,
Aeronautics, and Technology—
(1) for fiscal year 2000—
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(A) $2,196,600,000 for Space Science;
(B) $256,200,000 for life and microgravity
sciences and applications, of which $2,000,000
shall be for research and early detection system
for breast and ovarian cancer and other women’s
health issues, and $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;
(C) $1,459,100,000 for Earth Science;
(D) $1,156,500,000 for aeronautics and
space transportation technology, of which—
(i) $770,000,000 shall be used for aero-
nautical research and technology, of which
at least $60,000,000 shall be used for the
Aviation Safety Program, and of which
$25,000,000 shall be used to augment re-
search and technology relating to reduction
in aircraft noise consistent with a noise re-
duction goal of 10dB by 2007, and of which
$50,000,000 shall be used for ultra-efficient
engine technology;
(ii) $254,000,000 shall be used for ad-
vanced space transportation technology, of
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which $111,600,000 shall be used only for
the X–33 advanced technology demonstra-
tion vehicle program; and
(iii) $132,500,000 shall be used for
commercial technology, of which some funds
may be used for the expansion of the NASA
business incubation program which is de-
signed to foster partnerships between edu-
cational institutions and small high-tech-
nology businesses with preference given to
those programs associated with community
colleges;
(E) $406,300,000 for mission communica-
tions services;
(F) $130,000,000 for academic programs, of
which $46,000,000 shall be used for minority
university research and education (at institu-
tions such as Hispanic-serving institutions and
tribally-controlled community colleges), of which
$28,000,000 shall be used for historically black
colleges and universities; and
(G) $150,000,000 for future planning (space
launch).
(2) for fiscal year 2001—
(A) $2,262,498,000 for Space Science;
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(B) $263,886,000 for life and microgravity
sciences and applications, and appropriate fund-
ing shall be made available for continuing clin-
ical trials of islet transplantation in patients
with Type I diabetes utilizing immunoisolation
technologies derived from NASA space flights;
(C) $1,502,873,000 for Earth Science;
(D) $1,036,695,000 for aeronautics and
space 
transportation 
technology, 
of 
which
$820,000,000 shall be used for aeronautical re-
search and technology, of which—
(i) at least $60,000,000 shall be used
for the Aviation Safety program;
(ii) $25,000,000 shall be used to aug-
ment research and technology relating to re-
duction in aircraft noise consistent with a
noise reduction goal of 10dB by 2007;
(iii) $75,000,000 shall be used to aug-
ment research and technology for engine
and airframe efficiency and emissions re-
duction; and
(iv) $50,000,000 shall be used for
ultra-efficient engine technology;
(E) $418,489,000 for mission communica-
tions services;
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(F) $133,900,000 for academic programs;
and
(G) $150,000,000 for future planning (space
launch).
(3) for fiscal year 2002—
(A) $2,330,373,000 for Space Science;
(B) $271,803,000 for life and microgravity
sciences and applications, and appropriate fund-
ing shall be made available for continuing clin-
ical trials of islet transplantation in patients
with Type I diabetes utilizing immunoisolation
technologies derived from NASA space flights;
(C) $1,547,959,000 for Earth Science;
(D) $1,067,796,000 for aeronautics and
space 
transportation 
technology, 
of 
which
$880,000,000 shall be used for aeronautical re-
search and technology, of which—
(i) at least $60,000,000 shall be used
for the Aviation Safety program;
(ii) $25,000,000 shall be used to aug-
ment research and technology relating to re-
duction in aircraft noise consistent with a
noise reduction goal of 10dB by 2007;
(iii) $75,000,000 shall be used to aug-
ment research and technology for engine
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and airframe efficiency and emissions re-
duction; and
(iv) $50,000,000 shall be used for
ultra-efficient engine technology;
(E) $431,044,000 for mission communica-
tions services;
(F) $137,917,000 for academic programs;
and
(G) $280,000,000 for future planning (space
launch).
SEC. 104. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for mission
support—
(1) for fiscal year 2000—
(A) $43,000,000 for safety, mission assur-
ance, engineering, and advanced concepts;
(B) $89,700,000 for space communication
services;
(C) $181,000,000 for construction of facili-
ties, including land acquisition; and
(D) $2,181,200,000 for research and pro-
gram management, including personnel and re-
lated costs, travel, and research operations sup-
port.
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(2) $2,569,747,000 for fiscal year 2001.
(3) $2,646,839,000 for fiscal year 2002.
SEC. 105. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General—
(1) $20,800,000 for fiscal year 2000;
(2) $21,424,000 for fiscal year 2001; and
(3) $22,066,720 for fiscal year 2002.
SEC. 106. EXPERIMENTAL PROGRAM TO STIMULATE COM-
PETITIVE RESEARCH.
Of the amounts authorized to be appropriated for aca-
demic programs under section 103(1)(F), 103(2)(F), and
103(3)(F), respectively, the Administrator shall use, for the
program known as the Experimental Program to Stimulate
Competitive Research—
(1) $10,000,000 for fiscal year 2000;
(2) $15,000,000 for fiscal year 2001; and
(3) $20,000,000 for fiscal year 2002.
Subtitle B—Limitations and
Special Authority
SEC. 111. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds made available by
appropriations under section 101, paragraphs (1)(A),
(1)(B), (2)(A), (2)(B), (3)(A), and (3)(B) of section 102,
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section 103, and paragraphs (1)(A), (1)(B), (2)(A), and
(2)(B) of section 104 and funds made available by appro-
priations for research operations support pursuant to sec-
tion 104 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 ap-
propriation).
(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 equip-
ment, exceeds $1,000,000.
(2) DATE.—The date specified in this paragraph
is the date that is 30 days after the Administrator no-
tifies 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 Aero-
nautics and Space Administration of the project re-
ferred to in paragraph (1).
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(c) TITLE TO FACILITIES.—
(1) IN GENERAL.—If funds are used pursuant to
subsection (a) for grants for the purchase or construc-
tion 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 deter-
mines 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 institu-
tion 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 para-
graph (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. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under subtitle A may remain available
without fiscal year limitation.
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SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) USE OF CONSTRUCTION FUNDS.—Subject to sub-
section (b), in addition to the amounts authorized for con-
struction of facilities under section 101(4) or section 103(3),
the Administrator may, for that purpose, from funds other-
wise available to the Administrator—
(1) use an additional amount equal to 10 per-
cent of the amount specified; or
(2) to meet unusual cost variations, use an addi-
tional amount equal to 25 percent of that amount,
after the termination of a 30-day period beginning on
the date on which the Administrator submits a report
on the circumstances of such action by the Adminis-
trator to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science of the House of Representatives.
(b) LIMITATION.—The aggregate amount authorized to
be appropriated for construction of facilities under section
101(4) and section 103(3) shall not be increased as a result
of any action taken by the Administrator under paragraph
(1) or (2).
SEC. 114. CONSIDERATION BY COMMITTEES.
(a) IN GENERAL.—
(1) LIMITATION ON USE OF FUNDS.—Except as
provided in subsection (b), notwithstanding any other
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provision of law, no amount made available by ap-
propriations for the National Aeronautics and Space
Administration in excess of the amount authorized for
that program under this title may be used for any
program with respect to which—
(A) the annual budget request submitted by
the President under section 1105(a) of title 31,
United States Code, included a request for fund-
ing; and
(B) for the fiscal year of the request referred
to in subparagraph (A), Congress denied or did
not provide funding.
(2) PROHIBITION.—Notwithstanding any other
provision of law, no amount made available by ap-
propriations to the National Aeronautics and Space
Administration may be used for any program that is
not authorized under this Act, except for projects for
construction of facilities.
(b) EXCEPTION.—Funds may be used for a program
of the National Aeronautics and Space Administration
upon the expiration of the 30-day period beginning on the
date on which the Administrator provides a notice to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science of the House of
Representatives that contains—
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(1) a full and complete statement of the action
proposed to be taken by the Administrator with re-
spect to that program; and
(2) the facts and circumstances that the Admin-
istrator relied on to support the proposed action re-
ferred to in paragraph (1).
(c) INFORMATION.—The Administrator shall keep the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science of the House of
Representatives fully and currently informed with respect
to all activities and responsibilities of the National Aero-
nautics and Space Administration within the jurisdiction
of those committees.
SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $35,000 of the amounts made available
by appropriations pursuant to section 103 may be used by
the Administrator for scientific consultations or extraor-
dinary expenses.
TITLE II—INTERNATIONAL
SPACE STATION
SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY
PLAN.
(a) TRANSFER
OF FUNDS
TO RUSSIA.—Notwith-
standing any other provision of this Act, no funds or in-
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kind payments shall be transferred to any entity of the Rus-
sian Government or any Russian contractor to perform
work on the International Space Station which the Russian
Government pledged, at any time, to provide at its expense.
This subsection shall not apply to the purchase or modifica-
tion of—
(1) the Russian Service Module, United States
owned Functional Cargo Block, Russian space launch
vehicles and launch services; or
(2) until the assembly of the United States lab
module, command and control capability.
(b) CONTINGENCY PLAN FOR RUSSIAN ELEMENTS IN
CRITICAL PATH.—The Administrator shall develop and de-
liver to Congress, within 60 days of enactment, a contin-
gency plan for the removal or replacement of each Russian
Government element of the International Space Station
that lies in the Station’s critical path, as well as Russian
space launch services. Such plan shall include—
(1) decision points for removing or replacing
those elements and launch services, to the maximum
extent feasible, necessary for completion of the Inter-
national Space Station;
(2) the estimated cost of implementing each such
decision; and
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(3) the cost, to the extent determinable, of remov-
ing or replacing a Russian Government critical path
element or launch service after its decision point has
passed, if—
(A) the decision at that point was not to re-
move or replace the Russian Government element
or launch service; and
(B) the National Aeronautics and Space
Administration later determines that the Rus-
sian Government will be unable to provide the
critical path element or launch service in a man-
ner to allow completion of the International
Space Station.
(c) BIMONTHLY REPORTING ON RUSSIAN STATUS.—
On or before December 1, 1999, and until substantial com-
pletion (as defined in section 202(b)(3) of this Act) of the
assembly of the International Space Station, the Adminis-
trator shall report to Congress on the first day of every other
month whether or not the Russians have performed work
expected of them and necessary to complete the Inter-
national Space Station. Such report shall also include a
statement of the Administrator’s judgment concerning Rus-
sia’s ability to perform work anticipated and required to
complete the International Space Station before the next re-
port under this subsection.
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(d) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—
The President shall notify Congress within 90 days of enact-
ment of this Act of the decision on whether or not to proceed
with permanent replacement of the Russian Service Module,
other Russian elements in the critical path of the Inter-
national Space Station, or 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 the assembly of
the International Space Station will be completed. If the
President decides to proceed with a permanent replacement
for the Russian Service Module or any other Russian ele-
ment in the critical path or Russian launch service, the
President shall notify Congress of the reasons and the jus-
tification for the decision to proceed with the permanent
replacement, and the costs associated with the decision.
SEC. 202. COST LIMITATION FOR THE INTERNATIONAL
SPACE STATION
(a) LIMITATION OF COSTS.—Except as provided in
subsection (c), the total amount appropriated for—
(1) costs of the International Space Station
through completion of assembly may not exceed
$21,900,000,000; and
(2) space shuttle launch costs in connection with
the assembly of the International Space Station
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through completion of assembly may not exceed
$17,700,000,000 
(determined 
at 
the 
rate 
of
$380,000,000 per space shuttle flight).
(b) COSTS TO WHICH LIMITATION APPLIES.—
(1) DEVELOPMENT COSTS.—The limitation im-
posed by subsection (a)(1) does not apply to funding
for operations, research, and crew return activities
subsequent to substantial completion of the Inter-
national Space Station.
(2) LAUNCH COSTS.—The limitation imposed by
subsection (a)(2) does not apply to space shuttle
launch costs in connection with operations, research,
and crew return activities subsequent to substantial
completion of the International Space Station.
(3) SUBSTANTIAL COMPLETION.—For purposes of
this subsection, the International Space Station is
considered to be substantially completed when the de-
velopment costs comprise 5 percent or less of the total
International Space Station costs for the fiscal year.
(c) AUTOMATIC INCREASE OF LIMITATION AMOUNT.—
The amounts set forth in subsection (a) shall each be in-
creased to reflect any increase in costs attributable to—
(1) economic inflation;
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(2) compliance with changes in Federal, State,
or local laws enacted after the date of enactment of
this Act;
(3) the lack of performance or the termination of
participation of any of the International countries
participating in the International Space Station; and
(4) new technologies to improve safety, reli-
ability, maintainability, availability, or utilization of
the International Space Station, or to reduce costs
after completion of assembly, including increases in
costs for on-orbit assembly sequence problems, in-
creased ground testing, verification and integration
activities, contingency responses to on-orbit failures,
and design improvements to reduce the risk of on-
orbit failures.
(d) NOTICE OF CHANGES.—The Administrator shall
provide with each annual budget request a written notice
and analysis of any changes under subsection (c) to the
amounts set forth in subsection (a) to the Senate Commit-
tees on Appropriations and on Commerce, Science, and
Transportation and to the House of Representatives Com-
mittees on Appropriations and on Science. The written no-
tice shall include—
(1) an explanation of the basis for the change,
including the costs associated with the change and the
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expected benefit to the program to be derived from the
change; and
(2) an analysis of the impact on the assembly
schedule and annual funding estimates of not receiv-
ing the requested increases.
(e) REPORTING AND REVIEW.—
(1) IDENTIFICATION OF COSTS.—
(A) SPACE SHUTTLE.—As part of the over-
all space shuttle program budget request for each
fiscal year, the Administrator shall identify sep-
arately the amounts of the requested funding that
are to be used for completion of the assembly of
the International Space Station.
(B) INTERNATIONAL
SPACE
STATION.—As
part of the overall International Space Station
budget request for each fiscal year, the Adminis-
trator 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 Admin-
istrator shall arrange for a verification, by the Gen-
eral Accounting Office, of the accounting submitted to
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(1) CLAIMS.—A reciprocal waiver under sub-
section (a) may not preclude a claim by any natural
person (including, but not limited to, a natural per-
son who is an employee of the United States, the co-
operating party, or the cooperating party’s sub-
contractors) or that natural person’s estate, survivors,
or subrogees for injury or death, except with respect
to a subrogee that is a party to the waiver or has oth-
erwise agreed to be bound by the terms of the waiver.
(2) LIABILITY FOR NEGLIGENCE.—A reciprocal
waiver under subsection (a) may not absolve any
party of liability to any natural person (including,
but not limited to, a natural person who is an em-
ployee of the United States, the cooperating party, or
the cooperating party’s subcontractors) or such nat-
ural person’s estate, survivors, or subrogees for neg-
ligence, except with respect to a subrogee that is a
party to the waiver or has otherwise agreed to be
bound by the terms of the waiver.
(3) INDEMNIFICATION FOR DAMAGES.—A recip-
rocal waiver under subsection (a) may not be used as
the basis of a claim by the Administration or the co-
operating party for indemnification against the other
for damages paid to a natural person, or that natural
person’s estate, survivors, or subrogees, for injury or
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death sustained by that natural person as a result of
activities connected to the International Space Sta-
tion Program.
(c) SAFETY OVERSIGHT AND REVIEW REQUIRED.—In
the exercise of the authority provided in subsection (a), and
consistent with relevant agreements with cooperating par-
ties in the International Space Station Program, the Ad-
ministrator shall establish overall safety requirements and
plans and shall conduct overall integrated system safety re-
views for International Space Station elements and pay-
loads, and may undertake any and all authorized steps (in-
cluding, but not limited to, removal from launch manifest)
to ensure, to the maximum extent possible, that such ele-
ments and payloads pose no safety risks for the Inter-
national Space Station.
(d) DEFINITIONS.—In this section:
(1) COOPERATING
PARTY.—The term ‘‘cooper-
ating party’’ means any person who enters into an
agreement or contract with the Administration for the
performance or support of scientific, aeronautical, or
space activities in furtherance of the International
Space Station Program.
(2) RELATED ENTITY.—The term ‘‘related enti-
ty’’ includes contractors or subcontractors at any tier,
suppliers, grantees, and investigators or detailees.
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(3) COMMON TERMS.—Any term used in this sec-
tion that is defined in the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2451 et seq.) has the
same meaning in this section as when it is used in
that Act.
(e) EFFECT ON PREVIOUS WAIVERS.—Subsection (a)
applies to any waiver of claims entered into by the Admin-
istrator without regard to whether it was entered into be-
fore, on, or after the date of enactment of this Act.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Section
102 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451) is amended—
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively; and
(3) in subsection (g), as redesignated by para-
graph (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—
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(1) by striking ‘‘January’’ and inserting ‘‘May’’;
and
(2) by striking ‘‘calendar’’ and inserting ‘‘fis-
cal’’.
(c) DISCLOSURE OF TECHNICAL DATA.—Section 303
of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended by adding at the end the following
new subsection:
‘‘(c) The Administrator may delay for a period not
to exceed 5 years after development, the unrestricted public
disclosure of technical data that would have been a trade
secret or commercial or financial information that is privi-
leged or confidential under the meaning of section 552(b)(4)
of title 5, United States Code, if the information had been
obtained from a non-Federal party, in any case in which
the technical data is generated in the performance of experi-
mental, developmental, or research activities or programs
conducted by, or funded in whole or in part by, the Admin-
istration. The technical data referred to in the preceding
sentence shall not be subject to the disclosure requirements
of section 552 of title 5, United States Code.’’.
SEC. 302. USE OF EXISTING FACILITIES.
(a) IN GENERAL.—In any case in which the Adminis-
trator considers the purchase, lease, or expansion of a facil-
ity to meet requirements of the National Aeronautics and
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Space Administration, the Administrator, taking into ac-
count the applicable requirements of Federal law relating
to the use or disposal of excess or surplus property, includ-
ing the Federal Property and Administrative Services Act
of 1949, shall—
(1) consider whether there is available to the Ad-
ministrator for use for meeting those requirements—
(A) any military installation that is closed
or being closed;
(B) any facility at an installation referred
to in subparagraph (A); or
(C) any other facility that the Adminis-
trator determines to be—
(i) owned or leased by the United
States for the use of another agency of the
Federal Government; and
(ii) considered by the head of the agen-
cy involved—
(I) to be excess to the needs of that
agency; or
(II) to be underutilized by that
agency; and
(2) in the case of an underutilized facility avail-
able in part for use to meet those requirements, con-
sider locating an activity of the National Aeronautics
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and Space Administration for which a facility is re-
quired at that underutilized facility in such manner
as to share the use of the facility with 1 or more
agencies of the Federal Government.
(b) ADDITION OR EXPANSION.—To the maximum ex-
tent feasible and cost-effective (and not inconsistent with
the purposes of the Defense Base Closure and Realignment
Act of 1990 (104 Stat. 1808 et seq.) and the amendments
made by that Act), the Administrator shall meet the re-
quirements of the National Aeronautics and Space Admin-
istration for additional or expanded facilities by using fa-
cilities that—
(1) the Administrator considers, pursuant to
subsection (a), to be available to the Administrator
for use to meet those requirements; and
(2) meet the management needs of the National
Aeronautics and Space Administration.
(c) UNDERUTILIZED INFRASTRUCTURE.—The United
States space launch industry has identified underutilized
infrastructure at the Stennis Space Center for potential use
in launch vehicle development activities. The proposed use
of this infrastructure is compatible with the Center’s pro-
pulsion test programs and consistent with other efforts to
optimize taxpayer investments while fostering United
States competitiveness and commercial use of space. The
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National Aeronautics and Space Administration is encour-
aged to pursue an appropriate method for making the un-
derutilized Stennis Space Center infrastructure available
under suitable terms and conditions, if so requested by in-
dustry, and to notify the United States Senate Committee
on Commerce, Science, and Transportation and the United
States House of Representatives Committee on Science if
existing Administration authority is insufficient for this
purpose.
SEC. 303. AUTHORITY TO REDUCE OR SUSPEND CONTRACT
PAYMENTS BASED ON SUBSTANTIAL EVI-
DENCE OF FRAUD.
Section 2307(i)(8) of title 10, United States Code, is
amended by striking ‘‘and (4)’’ and inserting ‘‘(4), and
(6)’’.
SEC. 304. NOTICE.
(a) NOTICE OF REPROGRAMMING.—If any funds ap-
propriated pursuant to the amendments made by this Act
are subject to a reprogramming action that requires notice
to be provided to the Committees on Appropriations of the
Senate and the House of Representatives, notice of that ac-
tion shall concurrently be provided to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Science of the House of Representatives.
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(b) NOTICE OF REORGANIZATION.—Not later than 30
days before any major reorganization involving the reas-
signment of more than 25 percent of the employees of any
program, project, or activity of the National Aeronautics
and Space Administration, the Administrator shall provide
notice to the Committees on Commerce, Science, and Trans-
portation and Appropriations of the Senate and the Com-
mittees on Science and Appropriations of the House of Rep-
resentatives.
SEC. 305. SENSE OF CONGRESS ON THE YEAR 2000 PROB-
LEM.
With the year 2000 rapidly approaching, it is the sense
of Congress that the Administrator should—
(1) give high priority to correcting all 2-digit
date-related problems in the computer systems of the
National Aeronautics and Space Administration to
ensure that those systems continue to operate effec-
tively in the year 2000 and in subsequent years;
(2) as soon as practicable after the date of enact-
ment of this Act, assess the extent of the risk to the
operations of the National Aeronautics and Space Ad-
ministration posed by the problems referred to in
paragraph (1), and plan and budget for achieving
compliance for all of the mission-critical systems of
the system by the year 2000; and
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(3) develop contingency plans for those systems
that the National Aeronautics and Space Administra-
tion is unable to correct by the year 2000.
SEC. 306. UNITARY WIND TUNNEL PLAN ACT OF 1949
AMENDMENTS.
The Unitary Wind Tunnel Plan Act of 1949 (50
U.S.C. 511 et seq.) is amended—
(1) in section 101 by striking ‘‘transsonic and
supersonic’’ and inserting ‘‘transsonic, supersonic,
and hypersonic’’; and
(2) in section 103—
(A) in subsection (a)—
(i) by striking ‘‘laboratories’’ and in-
serting ‘‘laboratories and centers’’; and
(ii) by striking ‘‘supersonic’’ and in-
serting 
‘‘transsonic, 
supersonic, 
and
hypersonic’’; and
(B) in subsection (c), by striking ‘‘labora-
tory’’ and inserting ‘‘facility’’.
SEC. 307. ENHANCEMENT OF SCIENCE AND MATHEMATICS
PROGRAMS.
(a) DEFINITIONS.—In this section:
(1) EDUCATIONALLY USEFUL FEDERAL EQUIP-
MENT.—The term ‘‘educationally useful Federal
equipment’’ means computers and related peripheral
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tools and research equipment that is appropriate for
use in schools.
(2) SCHOOL.—The term ‘‘school’’ means a public
or private educational institution that serves any of
the grades of kindergarten through grade 12.
(b) SENSE OF CONGRESS.—
(1) IN GENERAL.—It is the sense of Congress
that the Administrator should, to the greatest extent
practicable and in a manner consistent with applica-
ble Federal law (including Executive Order No.
12999), donate educationally useful Federal equip-
ment to schools in order to enhance the science and
mathematics programs of those schools.
(2) REPORTS.—Not later than 1 year after the
date of enactment of this Act, and annually there-
after, the Administrator shall prepare and submit to
Congress a report describing any donations of educa-
tionally useful Federal equipment to schools made
during the period covered by the report.
SEC. 308. AUTHORITY TO VEST TITLE.
Title III of the National Aeronautics and Space Act
of 1958 (72 Stat. 432 et seq.) is amended by adding at the
end the following: