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(9) The Hubble Space Telescope has proven to
be an important national astronomical research facil-
ity that is revolutionizing our understanding of the
universe and should be kept productive, and its ca-
pabilities should be maintained and enhanced as ap-
propriate to serve as a scientific bridge to the next
generation of space-based observatories.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Administrator’’ means the Ad-
ministrator of the National Aeronautics and Space
Administration;
(2) the term ‘‘commercial provider’’ means any
person providing space transportation services or
other space-related activities, primary control of
which is held by persons other than Federal, State,
local, and foreign governments;
(3) the term ‘‘institution of higher education’’
has the meaning given such term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C.
1141(a));
(4) the term ‘‘State’’ means each of the several
States of the Union, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
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Northern Mariana Islands, and any other common-
wealth, territory, or possession of the United States;
and
(5) the term ‘‘United States commercial pro-
vider’’ 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 evi-
denced a substantial commitment to the
United States market through—
(I) investments in the United
States in long-term research, develop-
ment, 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
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reciprocal treatment to companies de-
scribed in subparagraph (A) comparable to
that afforded to such foreign company’s
subsidiary in the United States, as evi-
denced by—
(I) providing comparable oppor-
tunities 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 com-
panies described in subparagraph (A)
with respect to local investment op-
portunities that are not provided to
foreign companies in the United
States; and
(III) providing adequate and ef-
fective protection for the intellectual
property rights of companies de-
scribed in subparagraph (A).
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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 Inter-
national Space Station—
(1) for fiscal year 2000, $2,482,700,000, of
which 
$394,400,000, 
notwithstanding 
section
121(a)—
(A) shall only be for Space Station re-
search or for the purposes described in section
103(2); and
(B) shall be administered by the Office of
Life and Microgravity Sciences and Applica-
tions;
(2) for fiscal year 2001, $2,328,000,000, of
which 
$465,400,000, 
notwithstanding 
section
121(a)—
(A) shall only be for Space Station re-
search or for the purposes described in section
103(2); and
(B) shall be administered by the Office of
Life and Microgravity Sciences and Applica-
tions; and
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(3) for fiscal year 2002, $2,091,000,000, of
which 
$469,200,000, 
notwithstanding 
section
121(a)—
(A) shall only be for Space Station re-
search or for the purposes described in section
103(2); and
(B) shall be administered by the Office of
Life and Microgravity Sciences and Applica-
tions.
SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPERATIONS.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Launch
Vehicle and Payload Operations the following amounts:
(1) For Space Shuttle Operations—
(A) for fiscal year 2000, $2,547,400,000;
(B) for fiscal year 2001, $2,649,900,000;
and
(C) for fiscal year 2002, $2,629,000,000.
(2) For Space Shuttle Safety and Performance
Upgrades—
(A) for fiscal year 2000, $456,800,000, of
which $18,000,000 shall not be obligated until
45 days after the report required by section 207
has been submitted to the Congress;
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(B) for fiscal year 2001, $407,200,000;
and
(C) for fiscal year 2002, $414,000,000.
(3) For Payload and Utilization Operations—
(A) for fiscal year 2000, $169,100,000;
(B) for fiscal year 2001, $182,900,000;
and
(C) for fiscal year 2002, $184,500,000.
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 the following amounts:
(1) For Space Science—
(A) for fiscal year 2000, $2,202,400,000,
of which—
(i) $10,500,000 shall be for the Near
Earth Object Survey;
(ii) $472,000,000 shall be for the Re-
search Program;
(iii) $12,000,000 shall be for Space
Solar Power technology; and
(iv) $170,400,000 shall be for Hubble
Space Telescope (Development);
(B) for fiscal year 2001, $2,315,200,000,
of which—
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(i) $10,500,000 shall be for the Near
Earth Object Survey;
(ii) $475,800,000 shall be for the Re-
search Program; and
(iii) $12,000,000 shall be for Space
Solar Power technology; and
(C) for fiscal year 2002, $2,411,800,000,
of which—
(i) $10,500,000 shall be for the Near
Earth Object Survey;
(ii) $511,100,000 shall be for the Re-
search Program;
(iii) $12,000,000 shall be for Space
Solar Power technology; and
(iv) $5,000,000 shall be for space
science data buy.
(2) For Life and Microgravity Sciences and
Applications—
(A) for fiscal year 2000, $333,600,000, of
which $2,000,000 shall be for research and
early detection systems for breast and ovarian
cancer and other women’s health issues, and
$5,000,000 shall be for sounding rocket vouch-
ers, and of which $77,400,000 may be used for
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activities associated with International Space
Station research;
(B) 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, and of
which $70,000,000 may be used for activities
associated with International Space Station re-
search; and
(C) 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, and of
which $80,800,000 may be used for activities
associated with International Space Station re-
search.
(3) For Earth Science, subject to the limita-
tions set forth in sections 126 and 130—
(A) for fiscal year 2000, $1,382,500,000;
(B) for fiscal year 2001, $1,413,300,000;
and
(C) for fiscal year 2002, $1,365,300,000.
(4) For Aero-Space Technology—
(A) for fiscal year 2000, $1,010,300,000,
of which—
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(i) $543,800,000 shall be for Aero-
nautical Research and Technology with
$423,800,000 to be for the Research and
Technology Base, including $36,000,000
for aircraft noise reduction technology;
(ii) $334,000,000 shall be for Ad-
vanced Space Transportation Technology,
including—
(I) $61,300,000 for the Future-X
Demonstration 
Program, 
including
$30,000,000 for Pathfinder Oper-
ability Demonstrations; and
(II) $105,600,000 for Advanced
Space Transportation Program; and
(iii) $132,500,000 shall be for Com-
mercial Technology;
(B) for fiscal year 2001, $918,400,000, of
which—
(i) $534,000,000 shall be for Aero-
nautical Research and Technology with
$409,800,000 to be for the Research and
Technology Base, including $36,000,000
for aircraft noise reduction technology, and
with $54,200,000 to be for Aviation Sys-
tem Capacity;
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(ii) $249,400,000 shall be for Ad-
vanced Space Transportation Technology,
including—
(I) $109,000,000 for the Future-
X Demonstration Program; and
(II) $134,400,000 for Advanced
Space Transportation Program; and
(iii) $135,000,000 shall be for Com-
mercial Technology; and
(C) for fiscal year 2002, $1,003,300,000,
of which—
(i) $527,200,000 shall be for Aero-
nautical Research and Technology with
$390,100,000 to be for the Research and
Technology Base, including $27,500,000
for aircraft noise reduction technology, and
with $67,600,000 to be for Aviation Sys-
tem Capacity;
(ii) $340,000,000 shall be for Ad-
vanced Space Transportation Technology;
and
(iii) $135,600,000 shall be for Com-
mercial Technology.
(5) For Mission Communication Services—
(A) for fiscal year 2000, $406,300,000;
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(B) for fiscal year 2001, $382,100,000;
and
(C) for fiscal year 2002, $296,600,000.
(6) For Academic Programs—
(A) for fiscal year 2000, $128,600,000, of
which $11,600,000 shall be for Higher Edu-
cation within the Teacher/Faculty Preparation
and 
Enhancement 
Programs, 
of 
which
$20,000,000 shall be for the National Space
Grant College and Fellowship Program, and of
which $62,100,000 shall be for minority univer-
sity 
research 
and 
education, 
including
$33,600,000 for Historically Black Colleges and
Universities;
(B) for fiscal year 2001, $128,600,000, of
which $62,100,000 shall be for minority univer-
sity 
research 
and 
education, 
including
$33,600,000 for Historically Black Colleges and
Universities; and
(C) for fiscal year 2002, $130,600,000, of
which $62,800,000 shall be for minority univer-
sity 
research 
and 
education, 
including
$34,000,000 for Historically Black Colleges and
Universities.
(7) For Future Planning (Space Launch)—
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(A) for fiscal year 2001, $144,000,000;
and
(B) for fiscal year 2002, $280,000,000.
SEC. 104. MISSION SUPPORT.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Mission
Support the following amounts:
(1) 
For 
Safety, 
Reliability, 
and 
Quality
Assurance—
(A) for fiscal year 2000, $43,000,000;
(B) for fiscal year 2001, $45,000,000; and
(C) for fiscal year 2002, $49,000,000.
(2) For Space Communication Services—
(A) for fiscal year 2000, $89,700,000;
(B) for fiscal year 2001, $109,300,000;
and
(C) for fiscal year 2002, $174,200,000.
(3) For Construction of Facilities, including
land acquisition—
(A) for fiscal year 2000, $181,000,000,
including—
(i) Restore Electrical Distribution
System (ARC), $2,700,000;
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(ii) Rehabilitate Main Hangar Build-
ing 4802 (Dryden Flight Research Center
(DFRC)), $2,900,000;
(iii) Rehabilitate High Voltage System
(Glenn Research Center), $7,600,000;
(iv) Repair Site Steam Distribution
System (GSFC), $2,900,000;
(v) Restore Chilled Water Distribution
System (GSFC), $3,900,000;
(vi) Rehabilitate Hydrostatic Bearing
Runner, 70 meter Antenna, Goldstone
(JPL), $1,700,000;
(vii) Upgrade 70 meter Antenna Servo
Drive, 70 meter Antenna Subnet (JPL),
$3,400,000;
(viii) 
Rehabilitate 
Utility 
Tunnel
Structure and Systems (Johnson Space
Center (JSC)), $5,600,000;
(ix) Connect KSC to CCAS Waste-
water 
Treatment 
Plant 
(KSC),
$2,500,000;
(x) Repair and Modernize HVAC Sys-
tem, Central Instrument Facility (KSC),
$3,000,000;
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(xi) Replace High Voltage Load
Break Switches (KSC), $2,700,000;
(xii) Repair and Modernize HVAC
and Electrical systems, Building 4201
(Marshall Space Flight Center (MSFC)),
$2,300,000;
(xiii) Repair Roofs, Vehicle Compo-
nent Supply buildings (MAF), $2,000,000;
(xiv) Minor Revitalization of Facilities
at Various Locations, not in excess of
$1,500,000 per project, $65,500,000;
(xv) Minor Construction of New Fa-
cilities and Additions to Existing Facilities
at Various Locations, not in excess of
$1,500,000 per project, $5,000,000;
(xvi) Facility Planning and Design,
$19,200,000;
(xvii) Deferred Major Maintenance,
$8,000,000;
(xviii) Environmental Compliance and
Restoration, $40,100,000;
(B) for fiscal year 2001, $181,000,000;
and
(C) for fiscal year 2002, $191,000,000.
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(4) For Research and Program Management,
including personnel and related costs, travel, and re-
search operations support—
(A) for fiscal year 2000, $2,181,200,000;
(B) for fiscal year 2001, $2,195,000,000;
and
(C) for fiscal year 2002, $2,261,600,000.
SEC. 105. INSPECTOR GENERAL.
There are authorized to be appropriated to the Na-
tional Aeronautics and Space Administration for Inspector
General—
(1) for fiscal year 2000, $22,000,000;
(2) for fiscal year 2001, $22,000,000; and
(3) for fiscal year 2002, $22,000,000.
SEC. 106. TOTAL AUTHORIZATION.
Notwithstanding any other provision of this title, the
total amount authorized to be appropriated to the Na-
tional Aeronautics and Space Administration under this
Act shall not exceed—
(1) for fiscal year 2000, $13,636,600,000;
(2) for fiscal year 2001, $13,757,100,000; and
(3) for fiscal year 2002, $13,847,900,000.
SEC. 107. AVIATION SYSTEMS CAPACITY.
In addition to amounts otherwise authorized, there
are authorized to be appropriated to the Administrator of
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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
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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
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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.
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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.
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(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
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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—
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(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-
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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
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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
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(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.
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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.
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(c) COMPLETION DATE.—The results of the study de-
scribed in subsection (a) shall be transmitted to the Con-
gress not later than 180 days after the date of the enact-
ment of this Act.
SEC. 208. AERO-SPACE TRANSPORTATION TECHNOLOGY IN-
TEGRATION.
(a) INTEGRATION PLAN.—The Administrator shall
develop a plan for the integration of research, develop-
ment, and experimental demonstration activities in the
aeronautics transportation technology and space transpor-
tation technology areas. The plan shall ensure that inte-
gration is accomplished without losing unique capabilities
which support the National Aeronautics and Space Ad-
ministration’s defined missions. The plan shall also in-
clude 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 Adminis-
trator shall transmit to the Congress a report containing
the plan developed under subsection (a). The Adminis-
trator 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.
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SEC. 209. DEFINITIONS OF COMMERCIAL SPACE POLICY
TERMS.
The Administrator shall ensure that the usage of ter-
minology in National Aeronautics and Space Administra-
tion policies and programs is consistent with the following
definitions:
(1) The term ‘‘commercialization’’ means the
process of encouraging private entities conducting
privatized space activities to expand their customer
base beyond the Federal Government to address ex-
isting or potential commercial markets, investing
private resources to meet those commercial market
requirements.
(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 com-
mercial requirements.
(3) The term ‘‘commercial use of Federal as-
sets’’ means the use by a service contractor or other
private entity of the capability of Federal assets 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
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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;
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(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
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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.
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(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-
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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
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(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