H. R. 1654
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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.
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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 restruc-
turing, facility consolidation, procurement reform, and conver-
gence with defense and commercial sector systems, while sus-
taining safety standards for personnel and hardware.
(2) The United States is on the verge of creating and
using new technologies in microsatellites, information proc-
essing, 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 pro-
viders 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 unilater-
ally; or
(iii) enhances United States capabilities to use and
develop space for the benefit of United States citizens;
and
(B) when it—
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(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 effec-
tively 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 reli-
ability. 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 infra-
structure 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 revolu-
tionizing 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 pro-
viding 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;
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(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 Common-
wealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands,
and any other commonwealth, territory, or possession of the
United States; and
(7) the term ‘‘United States commercial provider’’ means
a commercial provider, organized under the laws of the United
States or of a State, which is—
(A) more than 50 percent owned by United States
nationals; or
(B) a subsidiary of a foreign company and the Secretary
of Commerce finds that—
(i) such subsidiary has in the past evidenced a
substantial commitment to the United States market
through—
(I) investments in the United States in long-
term research, development, and manufacturing
(including the manufacture of major components
and subassemblies); and
(II) significant contributions to employment in
the United States; and
(ii) the country or countries in which such foreign
company is incorporated or organized, and, if appro-
priate, 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 protec-
tion for the intellectual property rights of compa-
nies 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.
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(b) FISCAL YEARS 2001 AND 2002.—There are authorized to
be appropriated to the National Aeronautics and Space Administra-
tion 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 Administra-
tion 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 Pro-
gram; 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 Pro-
gram;
(iii) $12,000,000 shall be for Space Solar Power
technology; and
(iv) $5,000,000 shall be for Space Science Data
Buy.
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(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 His-
panic-serving institutions, Alaska Native serving
institutions, Native Hawaiian serving institutions, and
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tribally controlled colleges and universities), including
$35,900,000 for Historically Black Colleges and Univer-
sities; 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 His-
panic-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 Univer-
sities; 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 Administra-
tion 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 per-
sonnel 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 Aero-
nautics 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.
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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 Com-
mittee 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 para-
graph, 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