the Federal Aviation Administration $5,000,000 for fiscal
year 2001 for aviation systems capacity.
Subtitle B—Limitations and
Special Authority
SEC. 121. USE OF FUNDS FOR CONSTRUCTION.
(a) AUTHORIZED USES.—Funds appropriated under
sections 101, 102, 103, and 104(1) and (2), and funds
appropriated for research operations support under sec-
tion 104(4), may be used for the construction of new fa-
cilities and additions to, repair of, rehabilitation of, or
modification of existing facilities at any location in support
of the purposes for which such funds are authorized.
(b) LIMITATION.—No funds may be expended pursu-
ant to subsection (a) for a project, the estimated cost of
which to the National Aeronautics and Space Administra-
tion, including collateral equipment, exceeds $1,000,000,
until 30 days have passed after the Administrator has no-
tified the Committee on Science of the House of Rep-
resentatives and the Committee on Commerce, Science,
and Transportation of the Senate of the nature, location,
and estimated cost to the National Aeronautics and Space
Administration of such project.
(c) TITLE TO FACILITIES.—If funds are used pursu-
ant to subsection (a) for grants to institutions of higher
education, or to nonprofit organizations whose primary
purpose is the conduct of scientific research, for purchase
or construction of additional research facilities, title to
such facilities shall be vested in the United States unless
the Administrator determines that the national program
of aeronautical and space activities will best be served by
vesting title in the grantee institution or organization.
Each such grant shall be made under such conditions as
the Administrator shall determine to be required to ensure
that the United States will receive therefrom benefits ade-
quate to justify the making of that grant.
SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appro-
priations authorized under subtitle A may remain avail-
able without fiscal year limitation.
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FA-
CILITIES.
(a) IN GENERAL.—Appropriations authorized for
construction of facilities under section 104(3)—
(1) may be varied upward by 10 percent in the
discretion of the Administrator; or
(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 Transpor-
tation of the Senate.
The aggregate amount authorized to be appropriated for
construction of facilities under section 104(3) shall not be
increased as a result of actions authorized under para-
graphs (1) and (2) of this subsection.
(b) SPECIAL RULE.—Where the Administrator deter-
mines 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 ac-
tion until the enactment of the next National Aeronautics
and Space Administration authorization Act would be in-
consistent 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
104(3) 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. LIMITATION ON OBLIGATION OF UNAUTHORIZED
APPROPRIATIONS.
(a) REPORTS TO CONGRESS.—
(1) REQUIREMENT.—Not later than—
(A) 30 days after the later of the date of
the enactment of an Act making appropriations
to the National Aeronautics and Space Admin-
istration for fiscal year 2000 and the date of
the enactment of this Act; and
(B) 30 days after the date of the enact-
ment of an Act making appropriations to the
National Aeronautics and Space Administration
for fiscal year 2001 or 2002,
the Administrator shall submit a report to Congress
and to the Comptroller General.
(2) CONTENTS.—The reports required by para-
graph (1) shall specify—
(A) the portion of such appropriations
which are for programs, projects, or activities
not authorized under subtitle A of this title, or
which are in excess of amounts authorized for
the relevant program, project, or activity under
this Act; and
(B) the portion of such appropriations
which are authorized under this Act.
(b) FEDERAL REGISTER NOTICE.—The Adminis-
trator shall, coincident with the submission of each report
required by subsection (a), publish in the Federal Register
a notice of all programs, projects, or activities for which
funds are appropriated but which were not authorized
under this Act, and solicit public comment thereon regard-
ing the impact of such programs, projects, or activities on
the conduct and effectiveness of the national aeronautics
and space program.
(c) LIMITATION.—Notwithstanding any other provi-
sion of law, no funds may be obligated for any programs,
projects, or activities of the National Aeronautics and
Space Administration for fiscal year 2000, 2001, or 2002
not authorized under this Act until 30 days have passed
after the close of the public comment period contained in
a notice required by subsection (b).
SEC. 125. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS
OR EXTRAORDINARY EXPENSES.
Not more than $30,000 of the funds appropriated
under section 103 may be used for scientific consultations
or extraordinary expenses, upon the authority of the Ad-
ministrator.
SEC. 126. EARTH SCIENCE LIMITATION.
Of the funds authorized to be appropriated for Earth
Science under section 103(3) for each of fiscal years 2001
and 2002, $50,000,000 shall be for the Commercial Re-
mote Sensing Program at Stennis Space Center for com-
mercial 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 Sys-
tem and Earth Probes for the purchase of Earth science
data from the private sector.
SEC. 127. COMPETITIVENESS AND INTERNATIONAL CO-
OPERATION.
(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 in-
corporated under the laws of the People’s Republic of
China, involving spacecraft, spacecraft systems, launch
systems, or scientific or technical information that—
(A) the agreement is not detrimental to the
United States space launch industry; and
(B) the agreement, including any indirect tech-
nical benefit that could be derived from the agree-
ment, will not measurably improve the missile or
space launch capabilities of the People’s Republic of
China.
(3) The Inspector General of the National Aero-
nautics and Space Administration, in consultation with
the Director of Central Intelligence and the Director of
the Federal Bureau of Investigation, shall conduct an an-
nual 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 car-
rying 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. 128. TRANS-HAB.
(a) REPLACEMENT STRUCTURE.—No funds author-
ized by this Act shall be obligated for the definition, de-
sign, or development of an inflatable space structure to
replace any International Space Station components
scheduled for launch in the Assembly Sequence released
by the National Aeronautics and Space Administration on
February 22, 1999.
(b) GENERAL LIMITATION.—No funds authorized by
this Act for fiscal year 2000 shall be obligated for the defi-
nition, design, or development of an inflatable space struc-
ture capable of accommodating humans in space.
SEC. 129. CONSOLIDATED SPACE OPERATIONS CONTRACT.
No funds authorized by this Act shall be used to cre-
ate a Government-owned corporation to perform the func-
tions that are the subject of the Consolidated Space Oper-
ations Contract.
SEC. 130. TRIANA FUNDING PROHIBITION.
None of the funds authorized by this Act may be used
for the Triana program, except that $2,500,000 of the
amount authorized under section 103(3)(A) for fiscal year
2000 shall be available for termination costs.
TITLE II—MISCELLANEOUS
PROVISIONS
SEC. 201. REQUIREMENT FOR INDEPENDENT COST ANAL-
YSIS.
Before any funds may be obligated for Phase B of
a project that is projected to cost more than $100,000,000
in total project costs, the Chief Financial Officer for the
National Aeronautics and Space Administration shall con-
duct an independent cost analysis of such project and shall
report the results to Congress. In developing cost account-
ing 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 exper-
tise outside of the National Aeronautics and Space Admin-
istration.
SEC. 202. NATIONAL AERONAUTICS AND SPACE ACT OF 1958
AMENDMENTS.
(a) DECLARATION OF POLICY AND PURPOSE.—Sec-
tion 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 in lieu thereof ‘‘and (f)’’.
(b) REPORTS TO THE 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 in lieu
thereof ‘‘May’’; and
(2) by striking ‘‘calendar’’ and inserting in lieu
thereof ‘‘fiscal’’.
SEC. 203. COMMERCIAL SPACE GOODS AND SERVICES.
The National Aeronautics and Space Administration
shall purchase commercially available space goods and
services to the fullest extent feasible, and shall not conduct
activities that preclude or deter commercial space activi-
ties 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 United States commercial
provider, or if it could be supplied by a United States com-
mercial provider in response to a Government procurement
request. For purposes of this section, a purchase is fea-
sible if it meets mission requirements in a cost-effective
manner.
SEC. 204. COST EFFECTIVENESS CALCULATIONS.
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 Aer-
onautics and Space Administration engaging in the activ-
ity using full cost accounting principles with the price the
commercial provider will charge for such activity.
SEC. 205. FOREIGN CONTRACT LIMITATION.
The National Aeronautics and Space Administration
shall not enter into any agreement or contract with a for-
eign government that grants the foreign government the
right to recover profit in the event that the agreement or
contract is terminated.
SEC. 206. 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 in lieu
thereof ‘‘(4), and (6)’’.
SEC. 207. SPACE SHUTTLE UPGRADE STUDY.
(a) STUDY.—The Administrator shall enter into ap-
propriate arrangements for the conduct of an independent
study to reassess the priority of all Phase III and Phase
IV Space Shuttle upgrades.
(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 tech-
nological applicability to reusable launch vehicles.
(3) Upgrades that have a payback period within
the next 12 years.
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 responsi-
bility for operating, maintaining, and upgrading
those assets; or
(B) control and responsibility for space-re-
lated functions,
from the Federal Government to the private sector.
SEC. 210. 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 sci-
entific applications which are enabled by the launch of
Space Shuttle external tanks into Earth orbit and reten-
tion 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 sci-
entific or technology demonstration missions in
Earth orbit, on the Moon, or elsewhere in space; and
(3) the use of external tanks as low-cost infra-
structure in Earth orbit or on the Moon, including
as an augmentation to the International Space Sta-
tion.
A final report on the results of such study shall be deliv-
ered 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 ap-
plications identified.
(b) REQUIRED IMPROVEMENTS.—The Administrator
shall conduct an internal agency study, based on the con-
clusions 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 infrastruc-
ture capability developments,
would be required for the safe and economical use of the
Space Shuttle external tank for any or all of the applica-
tions 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 Adminis-
trator 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 Adminis-
trator shall transmit to the Congress the comments re-
ceived along with the recommendations of the Adminis-
trator as to changes in law or policy that may be required
for those purposes.
SEC. 211. ELIGIBILITY FOR AWARDS.
(a) IN GENERAL.—The Administrator shall exclude
from consideration for grant agreements made by the Na-
tional Aeronautics and Space Administration after fiscal
year 1999 any person who received funds, other than those
described in subsection (b), appropriated for a fiscal year
after fiscal year 1999, under a grant agreement from any
Federal funding source for a project that was not sub-
jected to a competitive, merit-based award process, except
as specifically authorized by this Act. Any exclusion from
consideration pursuant to this section shall be effective for
a period of 5 years after the person receives such Federal
funds.
(b) EXCEPTION.—Subsection (a) shall not apply to
the receipt of Federal funds by a person due to the mem-
bership of that person in a class specified by law for which
assistance is awarded to members of the class according
to a formula provided by law.
(c) DEFINITION.—For purposes of this section, the
term ‘‘grant agreement’’ means a legal instrument whose
principal purpose is to transfer a thing of value to the
recipient to carry out a public purpose of support or stim-
ulation authorized by a law of the United States, and does
not include the acquisition (by purchase, lease, or barter)
of property or services for the direct benefit or use of the
United States Government. Such term does not include
a cooperative agreement (as such term is used in section
6305 of title 31, United States Code) or a cooperative re-
search and development agreement (as such term is de-
fined in section 12(d)(1) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 212. NOTICE.
(a) NOTICE OF REPROGRAMMING.—If any funds au-
thorized 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 Sen-
ate, notice of such action shall concurrently be provided
to the Committee on Science of the House of Representa-
tives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) NOTICE
OF REORGANIZATION.—The Adminis-
trator shall provide notice to the Committees on Science
and Appropriations of the House of Representatives, and
the Committees on Commerce, Science, and Transpor-
tation and Appropriations of the Senate, not later than
15 days before any major reorganization of any program,
project, or activity of the National Aeronautics and Space
Administration.
SEC. 213. 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 in lieu
thereof ‘‘transsonic, supersonic, and hypersonic’’;
and
(2) in section 103 (50 U.S.C. 513)—
(A) by striking ‘‘laboratories’’ in sub-
section (a) and inserting in lieu thereof ‘‘labora-
tories and centers’’;
(B) by striking ‘‘supersonic’’ in subsection
(a) and inserting in lieu thereof ‘‘transsonic, su-
personic, and hypersonic’’; and
(C) by striking ‘‘laboratory’’ in subsection
(c) and inserting in lieu thereof ‘‘facility’’.
SEC. 214. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE
FLIGHT.
(a) ESTABLISHMENT OF PROGRAM.—In order to pro-
mote a ‘‘faster, cheaper, better’’ approach to the human
exploration and development of space, the Administrator
shall establish a Human Space Flight Commercialization/
Technology program of ground-based and space-based re-
search and development in innovative technologies.
(b) AWARDS.—At least 75 percent of the amount ap-
propriated for the program established under subsection
(a) for any fiscal year shall be awarded through broadly
distributed announcements of opportunity that solicit pro-
posals from educational institutions, industry, nonprofit
institutions, National Aeronautics and Space Administra-
tion Centers, the Jet Propulsion Laboratory, other Fed-
eral agencies, and other interested organizations, and that
allow partnerships among any combination of those enti-
ties, with evaluation, prioritization, and recommendations
made by external peer review panels.
(c) PLAN.—The Administrator shall include as part
of the National Aeronautics and Space Administration’s
budget request to the Congress for fiscal year 2001 a plan
for the implementation of the program established under
subsection (a).
SEC. 215. LIFE IN THE UNIVERSE.
(a) REVIEW.—The Administrator shall enter into ap-
propriate 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 Na-
tional Aeronautics and Space Administration’s ef-
forts 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 Na-
tional Aeronautics and Space Administration’s
astrobiology initiatives within the Origins program;
(2) an assessment of the direction of other ini-
tiatives carried out by entities other than the Na-
tional Aeronautics and Space Administration to de-
termine the extent of life in the universe, including
other Federal agencies, foreign space agencies, and
private groups such as the Search for Extra-
terrestrial Intelligence Institute;
(3) recommendations about scientific and tech-
nological enhancements that could be made to the