National Aeronautics and Space Administration Authorization Act of 2000
PL 106-391 (H.R.1654), enacted 10/30/2000

PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1577 
Public Law 106-391 
106th Congress 
An Act 
To authorize appropriations for the National Aeronautics and Space Administration 
Oct. 30, 2000 
for fiscal years 2000, 2001, and 2002, and for other ptirposes. 
[H.R. 1654] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
National 
Aeronautics and 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Space 
(a) SHORT TITLE.—This Act may be cited as the "National AuSSlSon" 
Aeronautics and Space Administration Authorization Act of 2000". 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 Umitation. 
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 Umitation 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. 
114 STAT. 1578 
PUBLIC LAW 106-391—OCT. 30, 2000 
Sec. 310. External tank opportunities study. 
Sec. 311. Notice. 
Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments. 
Sec. 313. Innovative technologies for human space flight. 
Sec. 314. Life in the universe. 
Sec. 315. Carbon cycle remote sensing appUcations research. 
Sec. 316. Remote sensing for agricultural and resource management. 
Sec. 317. 100th Anniversary of Flight educational initiative. 
Sec. 318. Internet availability of iniformation. 
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 nationsJ 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— 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1579 
(i) is undertaken in a manner that is sensitive 
to the desire of United States commercial providers 
to develop or explore space commercially; 
(ii) is consistent with the need for Federal agencies 
to use space to complete their missions; and 
(iii) is carried out in a manner consistent with 
United States export control laws. 
(7) The National Aeronautics and Space Administration 
and the Department of Defense should cooperate more 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. 
42USC2452 
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; 
114 STAT. 1580 
PUBLIC LAW 106-391—OCT. 30, 2000 
(5) the term "institution of higher education" has the 
meaning given such term in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001); 
(6) the term "State" means each of the several States 
of the United States, the District of Columbia, the 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 emplo3mnent 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 compan^s subsidiary in the United States, 
as evidenced by— 
(I) providing comparable opportunities for 
companies described in subparagraph 
(A) to 
participate in Grovemment 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. 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1581 
(b) FISCAL YEARS 2001 AND 2002.—There are authorized to 
be appropriated to the National Aeronautics and Space 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 £md 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 Commercigdization; 
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 yesirs 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. 
114 STAT. 1582 
PUBLIC LAW 106-391—OCT. 30, 2000 
(2) For Life and Microgravity Sciences and Applications— 
(A) for fiscal year 2001, $335,200,000, of which 
$2,000,000 shall be for research and early detection systems 
for breast and ovarian cancer and other women's health 
issues, $5,000,000 shall be for sounding rocket vouchers, 
$2,000,000 shall be made available for immediate clinical 
trials of islet transplantation in patients with T5T)e I 
diabetes utilizing immunoisolation technologies derived 
from NASA space flights, and $70,000,000 may be used 
for activities associated with International Space Station 
(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 
i 
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 
technoloffl^; 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 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1583 
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. 
114 STAT. 1584 
PUBLIC LAW 106-391—OCT. 30, 2000 
Subtitle B—Limitations and Special 
Authority 
SEC. 121. USE OF FUNDS FOR CONSTRUCTION. 
(a) AUTHORIZED USES.—Funds appropriated under sections 101, 
102, and 103(b)(1) and funds appropriated for research operations 
support under section 103(b)(3) may, at any location in support 
of the purposes for which such funds are appropriated, be used 
for— 
(1) the construction of new faciUties; and 
(2) additions to, repair of, rehabiUtation 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. AVAILABIUTY OF APPROPRIATED AMOUNTS. 
TO the extent provided in appropriations Acts, appropriations 
authorized under subtitle A may remain available without fiscal 
year limitation. 
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES. 
(a) IN GENERAL.—^Appropriations authorized for construction 
of facilities under section 103(b)(2)— 
(1) may be varied upward by 10 percent in the discretion 
of the Administrator; or 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1585 
(2) may be varied upward by 25 percent, to meet unusual 
cost variations, after the expiration of 15 days following a 
report on the circumstances of such action by the Administrator 
to the Committee on Science of the House of Representatives 
and the Committee on Commerce, Science, and Transportation 
of the Senate. 
The aggregate amount authorized to be appropriated for construc-
tion of facilities under section 103(b)(2) shall not be increased 
as a result of actions authorized under paragraphs (1) and (2) 
of this subsection. 
(b) SPECIAL RULE.—^Where the Administrator determines that 
new developments in the national program of aeronautical and 
space activities have occurred; and that such developments require 
the use of additional funds for the purposes of construction, expan-
sion, or modification of facilities at any location; and that deferral 
of such action until the enactment of the next National Aeronautics 
and Space Administration authorization Act would be inconsistent 
with the interest of the Nation in aeronautical and space activities, 
the Administrator may use up to $10,000,000 of the amounts 
authorized under section 103(b)(2) for each fiscal year for such 
purposes. No such funds may be obligated until a period of 30 
days has passed after the Administrator has transmitted to the 
Committee on Commerce, Science, and Transportation of the Senate 
and the Committee on Science of the House of Representatives 
a written report describing the nature of the construction, its costs, 
and the reasons therefor. 
SEC. 
124. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR 
EXTRAORDINARY EXPENSES. 
Not more than $32,500 of the funds appropriated under section 
102 may be used for scientific consultations or extraordinary 
expenses, upon the authority of the Administrator. 
SEC. 125. EARTH SCIENCE LIMITATION. 
Of the funds authorized to be appropriated for Earth Science 
under section 102(b)(3) for each of fiscal years 2001 and 2002, 
$25,000,000 shall be for the Commercial Remote Sensing Program 
for commercial data purchases, unless the National Aeronautics 
and Space Administration has integrated data purchases into the 
procurement process for Earth science research by obligating at 
least 5 percent of the aggregate amount appropriated for that 
fiscal year for Earth Observing System and Earth Probes for the 
purchase of Earth science data from the private sector. 
SEC. 126. COMPETITIVENESS AND INTERNATIONAL COOPERATION. 
(a) LIMITATION.—(1) As part of the evaluation of the costs 
and benefits of entering into an obligation to conduct a space 
mission in which a foreign entity will participate as a supplier 
of the spacecraft, spacecraft system, or launch system, the Adminis-
trator shall solicit comment on the potential impact of such partici-
pation through notice published in Commerce Business Daily at 
least 45 days before entering into such an obligation. 
(2) The Administrator shall certify to the Congress at least 
15 days in advance of any cooperative agreement with the People's 
Republic of China, or any company owned by the People's Republic 
of China or incorporated under the laws of the People's Republic 
of China, involving spacecraft, spacecraft systems, launch systems, 
or scientific or technical information that— 
42 use 2475a. 
Commerce 
Business Daily, 
publication. 
Deadline. 
Certification. 
People's Republic 
of China. 
114 STAT. 1586 
PUBLIC LAW 106-391—OCT. 30, 2000 
(A) the agreement is not detrimental to the United States 
space launch industry; and 
(B) the agreement, including any indirect technical benefit 
that could be derived fi*om the agreement, will not improve 
the missile or space launch capabilities of the People's Republic 
of China. 
(3) The Inspector General of the National Aeronautics and 
Space Administration, in consultation with appropriate agencies, 
shall conduct an annual audit of the policies and procedures of 
the National Aeronautics and Space Administration with respect 
to the export of technologies and the transfer of scientific and 
technical information, to assess the extent to which the National 
Aeronautics and Space Administration is carrying out its activities 
in compliance with Federal export control laws and with paragraph 
(2). 
(b) NATIONAL INTERESTS.—^Before entering into an obligation 
described in subsection (a), the Administrator shall consider the 
national interests of the IJnited States described in section 2(6). 
SEC. 127. TRANS-HAR 
(a) REPLACEMENT STRUCTURE.—^No funds authorized by this 
Act shall be obligated for the definition, design, procurement, or 
development of an inflatable space structure to replace any Inter-
national Space Station components scheduled for launch in the 
Assembly Sequence adopted by the National Aeronautics and Space 
Administration in June 1999. 
(b) EXCEPTION.—^Notwithstanding subsection (a), nothing in this 
Act shall preclude the National Aeronautics and Space Administra-
tion from leasing or otherwise using a commercially provided inflat-
able habitation module, if such module would— 
(1) cost the same or less, including any necessary modifica-
tions to other hardware or operating expenses, than the 
remaining cost of completing and attaching the baseline habi-
tation module; 
(2) impose no delays to the Space Station Assembly 
Sequence; and 
(3) result in no increased safety risk. 
(c) REPORT.—^Notwithstanding subsection (a), the National 
Aeronautics and Space Administration shall report to the Congress 
by April 1, 2001, on its^ findings and recommendations on sub-
stituting any inflatable habitation module, or other inflatable struc-
tures, for one of the elements included in the Space Station 
Assembly Sequence adopted in June 1999. 
SEC. 128. C O N S O U D A T E D SPACE OPERATIONS CONTRACT. 
No funds authorized by this Act shall be used to create a 
Government-owned corporation to perform the functions that are 
the subject of the Consolidated Space Operations Contract. 
TITLE II—INTERNATIONAL SPACE 
STATION 
42 use 2451 
SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN. 
Deadline. 
(a) BIMONTHLY REPORTING ON RUSSIAN STATUS.—Not later than 
the first day of the first month beginning more than 60 days 
after the date of the enactment of this Act, and not later than 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1587 
the first day of every second month thereafter until October 1, 
2006, the Administrator shall report to Congress whether or not 
the Russians have performed work expected of them and necessary 
to complete the International Space Station. Each such report shall 
also include a statement of the Administrator's judgment concerning 
Russia's ability to perform work anticipated and required to com-
plete the International Space Station before the next report under 
this subsection. 
(b) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—The President President, 
shall notify Congress within 90 days after the date of the enactment 
Notification. 
of this Act of the decision on whether or not to proceed with Deadline, 
permanent replacement of any Russian elements in the critical 
path of the International Space Station or any Russian launch 
services. Such notification shall include the reasons and justifica-
tions for the decision and the costs associated with the decision. 
Such decision shall include a judgment of when all elements identi-
fied in Revision E assembly sequence as of June 1999 will be 
in orbit and operational. If the President decides to proceed with 
a permanent replacement for any Russian element in the critical 
path or any Russian launch services, the President shall notify 
Congress of the reasons and the justification for the decision to 
proceed with the permanent replacement and the costs associated 
with the decision. 
(c) ASSURANCES.—^The United States shall seek assurances from 
the Russian Government that it places a higher priority on fulfilling 
its commitments to the International Space Station than it places 
on extending the life of the Mir Space Station, including assurances 
that Russia will not utilize assets allocated by Russia to the Inter-
national Space Station for other purposes, including extending the 
life of Mir. 
(d) EQUITABLE UTILIZATION.—In the event that any Inter-
national Partner in the International Space Station Program will-
fully violates any of its commitments or agreements for the provision 
of agreed-upon Space Station-related hardware or related goods 
or services, the Administrator should, in a manner consistent with 
relevant international agreements, seek a commensurate reduction 
in the utilization rights of that Partner until such time as the 
violated commitments or agreements have been fulfilled. 
(e) OPERATION COSTS.—^The Administrator shall, in a manner 
consistent with relevant international agreements, seek to reduce 
the National Aeronautics and Space Administration's share of Inter-
national Space Station common operating costs, based upon any 
additional capabilities provided to the International Space Station 
through the National Aeronautics and Space Administration's Rus-
sian Program Assurance activities. 
SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STA- 
42USC2451 
TION. 
note. 
(a) LIMITATION OF COSTS.— 
(1) IN GENERAL.—Except as provided in subsections (c) 
and (d), the total amount obligated by the National Aeronautics 
and Space Administration for— 
(A) costs of the International Space Station may not 
exceed $25,000,000,000; and 
(B) space shuttle launch costs in connection with the 
assembly of the International Space Station may not exceed 
$17,700,000,000. 
114 STAT. 1588 
PUBLIC LAW 106-391—OCT. 30, 2000 
(2) CALCULATION OF LAUNCH COSTS.—^For purposes of para-
graph (1)(B)— 
(A) not more than $380,000,000 in costs for any single 
space shuttle launch shall be taken into account; and 
Deadline. 
(B) if the space shuttle launch costs taken into account 
for any single space shuttle launch are less 
than 
$380,000,000, then the Administrator shall arrange for a 
verification, by the General Accounting Office, of the 
accounting used to determine those costs and shall submit 
that verification to the Congress within 60 days after the 
date on which the next budget request is transmitted to 
the Congress. 
(b) COSTS TO WHICH LIMITATION APPLIES.— 
(1) DEVELOPMENT COSTS.—^The limitation imposed by sub-
section (a)(1)(A) does not apply to funding for operations, 
research, or crew return activities subsequent to substantial 
completion of the International Space Station. 
(2) LAUNCH COSTS.—^The limitation imposed by subsection 
(a)(1)(B) does not apply— 
(A) to space shuttle launch costs in connection with 
operations, research, or crew return activities subsequent 
to substantial completion of the International Space Sta-
tion; 
(B) to space shuttle launch costs in connection with 
a launch for a mission on which at least 75 percent of 
the shuttle payload by mass is devoted to research; nor 
(C) to any additional costs incurred in ensuring or 
enhancing the safety £md reliability of the space shuttle. 
(3) SUBSTANTIAL COMPLETION.—For purposes of this sub-
section, the International Space Station is considered to be 
substantially completed when the development costs comprise 
5 percent or less of the total International Space Station costs 
for the fiscal year. 
(c) 
NOTICE OF CHANGES TO SPACE 
STATION COSTS.—The 
Administrator shall provide with each annual budget request a 
written notice and analysis of any changes under subsection (d) 
to the amounts set forth in subsection (a) to the Senate Committees 
on Appropriations and on Commerce, Science, and Transportation 
and to the House of Representatives Committees on Appropriations 
and on Science. In addition, such notice may be provided at other 
times, as deemed necessary by the Administrator. The written 
notice shall include— 
(1) an explanation of the basis for the change, including 
the costs associated with the change and the expected benefit 
to the program to be derived from the change; 
(2) an analysis of the impact on the assembly schedule 
£ind annual funding estimates of not receiving the requested 
increases; and 
(3) an explanation of the reasons that such a change was 
not anticipated in previous program budgets. 
(d) FUNDING FOR CONTINGENCIES.— 
(1) NOTICE REQUIRED.—If funding in excess of the limitation 
provided for in subsection (a) is required to address the contin-
gencies described in paragraph (2), then the Administrator 
shall provide the written notice required by subsection (c). 
In the case of funding described in paragraph (3)(A), such 
notice shall be required prior to obligating any of the funding. 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1589 
In the case of funding described in paragraph (3)(B), such Deadline, 
notice shall be required within 15 days after making a decision 
to implement a change that increases the space shuttle launch 
costs in connection with the assembly of the International Space 
Station. 
(2) CONTINGENCIES.—^The contingencies referred to in para-
graph (1) are the following: 
(A) The lack of performance or the termination of 
participation of any of the International countries party 
to the Intergovernmental Agreement. 
(B) The loss or failure of a United States-provided 
element during launch or on-orbit. 
(C) On-orbit assembly problems. 
(D) New technologies or training to improve safety 
on the International Space Station. 
(E) The need to launch a space shuttle to ensure the 
safety of the crew or to maintain the integrity of the 
station. 
(3) AMOUNTS.—^The total amount obligated by the National 
Aeronautics and Space Administration to address the contin-
gencies described in paragraph (2) is limited to— 
(A) $5,000,000,000 for the International Space Station; 
and 
(B) $3,540,000,000 for the space shuttle launch costs 
in connection with the assembly of the International Space 
Station. 
(e) REPORTING AND REVIEW.— 
(1) IDENTIFICATION OF COSTS.— 
(A) SPACE SHUTTLE.—As part of the overall space 
shuttle program budget request for each fiscal year, the 
Administrator shall identify separately— 
(i) the amounts of the requested funding that are 
to be used for completion of the assembly of the Inter-
national Space Station; and 
(ii) any shuttle research mission described in sub-
section (b)(2). 
(B) INTERNATIONAL SPACE STATION.—^As part of the 
overall International Space Station budget request for each 
fiscal year, the Administrator shall identify the amount 
to be used for development of the International Space Sta-
tion. 
(2) ACCOUNTING FOR COST LIMITATIONS.^AS part of the 
annual budget request to the Congress, the Administrator shall 
account for the cost limitations imposed by subsection (a). 
(3) VERIFICATION 
OF ACCOUNTING.—The Administrator Deadline, 
shall arrange for a verification, by the General Accounting 
Office, of the accounting submitted to the Congress within 
60 days after the date on which the budget request is trans-
mitted to the Congress. 
(4) 
INSPECTOR 
GENERAL.—Within 60 days after 
the Deadline. 
Administrator provides a notice and analysis to the Congress 
under subsection (c), the Inspector General of the National 
Aeronautics and Space Administration shall review the notice 
and analysis and report the results of the review to the commit-
tees to which the notice and analysis were provided. 
114 STAT. 1590 
PUBLIC LAW 106-391—OCT. 30, 2000 
42 use 2451 
note. 
Deadline. 
42 use 14711 
note. 
42 use 2451 
note. 
Deadline. 
SEC. 203. RESEARCH ON IP^TERNATIONAL SPACE STATION. 
(a) STUDY.—^The Administrator shall enter into a contract with 
the National Research Council and the National Academy of Public 
Administration to jointly conduct a study of the status of life and 
microgravity research as it relates to the International Space Sta-
tion. The study shall include— 
(1) an assessment of the United States scientific commu-
nit^s readiness to use the International Space Station for life 
and microgravity research; 
(2) an assessment of the current and projected factors 
limiting the United States scientific communit/s ability to 
maximize the research potential of the International Space 
Station, including, but not limited to, the past and present 
availability of resources in the life and microgravity research 
accounts within the Office of Human Spaceflight and the Office 
of Life and Microgravity Sciences and Applications and the 
past, present, and projected access to space of the scientific 
community; and 
(3) recommendations for improving the United States sci-
entific communitys ability to maximize the research potential 
of the International Space Station, including an assessment 
of the relative costs and benefits of— 
(A) dedicating an annual mission of the Space Shuttle 
to life and microgravity research during assembly of the 
International Space Station; and 
(B) maintaining the schedule for assembly in place 
at the time of the enactment. 
(b) REPORT.—^Not later than 1 year after the date of the enact-
ment of this Act, the Administrator shall transmit to the Committee 
on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
on the results of the study conducted under this section. 
SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRA-
TION PROGRAM. 
Section 434 of the Departments of Veterans Affairs and Housing 
and Urban Development, and Independent Agencies Appropriations 
Act, 2000 is amended by striking "2004," each place it appears 
and inserting "2002,". 
SEC. 205. SPACE STATION RESEARCH UTILIZATION AND COMMER-
CIALIZATION MANAGEMENT. 
(a) RESEARCH UTILIZATION AND COMMERCIALIZATION MANAGE-
MENT ACTIVITIES.—^The Administrator of the National Aeronautics 
and Space Administration shall enter into an agreement with a 
non-government organization to conduct research utilization and 
commercialization management activities of the International Space 
Station subsequent to substantial completion as defined in section 
202(b)(3). The agreement may not take effect less than 120 days 
after the implementation plan for the agreement is submitted to 
the Congress under subsection (b). 
(b) IMPLEMENTATION PLAN.—^Not later than September 30, 
2001, the Administrator shall submit to the Committee on Com-
merce, Science, and Transportation of the Senate and the Com-
mittee on Science of the House of Representatives an implementa-
tion plan to incorporate the use of a non-government organization 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1591 
for the International Space Station. The implementation plan shall 
include— 
(1) a description of the respective roles and responsibilities 
of the Administration and the non-government organization; 
(2) a proposed structure for the non-government organiza-
tion; 
(3) a statement of the resources required; 
(4) a schedule for the transition of responsibilities; and 
(5) a statement of the duration of the agreement. 
TITLE III—MISCELLANEOUS 
SEC. 301. REQUIREMENT FOR INDEPENDENT COST ANALYSIS. 
42 USC 2459g. 
(a) REQUIREMENT.—Before any funds may be obligated for 
Phase B of a project that is projected to cost more than $150,000,000 
in total project costs, the Chief Financial Officer for the National 
Aeronautics and Space Administration shall conduct an independent 
life-cycle cost analysis of such project and shall report the results 
to Congress. In developing cost accounting and reporting standards 
for carrying out this section, the Chief Financial Officer shall, 
to the extent practicable and consistent with other laws, solicit 
the advice of expertise outside of the National Aeronautics and 
Space Administration. 
(b) DEFINITION.—^For purposes of this section, the term "Phase 
B" means the latter stages of project formulation, during which 
the final definition of a project is carried out and before project 
implementation (which includes the Design, Development, and 
Operations Phases) begins. 
SEC. 302. NATIONAL AERONAUTICS AND SPACE ACT OF 1958 AMEND-
MENTS. 
(a) DECLARATION OF POLICY AND PURPOSE.—Section 102 of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is 
amended— 
(1) by striking subsection (f) and redesignating subsections 
(g) and (h) as subsections (f) and (g), respectively; and 
(2) in subsection (g), as so redesignated by paragraph (1) 
of this subsection, by striking "(f), and (g)" and inserting "and 
(f)". 
(b) REPORTS TO CONGRESS.—Section 206(a) of the National 
Aeronautics and Space Act of 1958 (42 U.S.C. 2476(a)) is amended— 
(1) by striking "January" and inserting "May"; and 
(2) by striking "calendar" and inserting "fiscal". 
SEC. 303. COMMERCIAL SPACE GOODS AND SERVICES. 
It is the sense of the Congress that the National Aeronautics 
and Space Administration shall purchase commercially available 
space goods and services to the fullest extent feasible and shall 
not conduct activities with commercial applications that preclude 
or deter commercial space activities except for reasons of national 
security or public safety. A space good or service shall be deemed 
commercially available if it is offered by a commercial provider, 
or if it could be supplied by a commercial provider in response 
to a Government procurement request. For purposes of this section, 
a purchase is feasible if it meets mission requirements in a cost-
effective manner. 
79-194 O - 00 - 31: QL 3 Part 2 
114 STAT. 1592 
PUBLIC LAW 106-391—OCT. 30, 2000 
42 
use 
2459h. 
42 
use 
2475b. 
42 
use 
2451 
note. 
Deadline. 
SEC. 304. COST EFFECTIVENESS CALCULATIONS. 
Except as otherwise required by law, in calculating the cost 
effectiveness of the cost of the National Aeronautics and Space 
Administration engaging in an activity as compared to a commercial 
provider, the Administrator shall compare the cost of the National 
Aeronautics and Space Administration engaging in the activity 
using full cost accounting principles with the price the commercial 
provider will charge for such activity. 
SEC. 305. FOREIGN CONTRACT LIMITATION. 
The National Aeronautics and Space Administration shall not 
enter into any agreement or contract with a foreign government 
that grants the foreign government the right to recover profit in 
the event that the agreement or contract is terminated. 
SEC. 306. AUTHORITY TO REDUCE OR SUSPEND CONTRACT PAYMENTS 
BASED ON SUBSTANTIAL EVIDENCE OF FRAUD. 
Section 2307(i)(8) of title 10, United States Code, is amended 
by striking "and (4)" and inserting "(4), and (6)". 
SEC. 307. SPACE SHUTTLE UPGRADE STUDY. 
(a) STUDY.—^The Administrator shall enter into appropriate 
arrangements for the conduct of an independent study to reassess 
the priority of all Space Shuttle upgrades which are under consider-
ation by the National Aeronautics and Space Administration but 
for which substantial development costs have not been incurred. 
(b) PRIORITIES.—^The study described in subsection (a) shall 
establish relative priorities of the upgrades within each of the 
following categories: 
(1) Upgrades that are safety related. 
(2) Upgrades that may have functional or technological 
applicability to reusable launch vehicles. 
(3) Upgrades that have a payback period within the next 
12 years. 
(c) COMPLETION DATE.—^The results of the study described in 
subsection (a) shall be transmitted to the Congress not later than 
180 days after the date of the enactment of this Act. 
SEC. 308. AERO-SPACE TRANSPORTATION TECHNOLOGY INTEGRA-
TION. 
(a) INTEGRATION PLAN.—^The Administrator shall develop a plan 
for the integration of research, development, and experimental dem-
onstration activities in the aeronautics transportation technology 
and space transportation technology areas where appropriate. The 
plan shall ensure that integration is accomplished without losing 
unique capabilities which support the National Aeronautics and 
Space Administration's defined missions. The plan shall also include 
appropriate strategies for using aeronautics centers in integration 
efforts. 
(b) REPORTS TO CONGRESS.—^Not later than 90 days after the 
date of the enactment of this Act, the Administrator shall transmit 
to the Congress a report containing the plan developed under sub-
section (a). The Administrator shall transmit to the Congress 
annually thereafter for 5 years a report on progress in achieving 
such plan, to be transmitted with the annual budget request. 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1593 
SEC. 309. DEFINITIONS OF COMMERCIAL SPACE POUCY TERMS. 
It is the sense of the Congress that the Administrator should 
ensure, to the extent practicable, that the usage of terminology 
in National Aeronautics and Space Administration policies and 
programs with respect to space activities is consistent with the 
following definitions: 
(1) The term "commercialization" means actions or policies 
which promote or facilitate the private creation or expansion 
of commercial markets for privately developed and privately 
provided space goods and services, including privatized space 
activities. 
(2) The term "commercial purchase" means a purchase 
by the Federal Grovernment of space goods and services at 
a market price from a private entity which has invested private 
resources to meet commercial requirements. 
(3) The term "commercial use of Federal assets" means 
the use of Federal assets by a private entity to deliver services 
to commercial customers, with or without putting private cap-
ital at risk. 
(4) The term "contract consolidation" means the combining 
of two or more Government service contracts for related space 
activities into one larger Government service contract. 
(5) The term 
"privatization" means the 
process of 
transferring— 
(A) control and ownership of Federal space-related 
assets, 
along 
with 
the 
responsibility 
for 
operating, 
maintaining, and upgrading those assets, to the private 
sector; or 
(B) control and responsibility for space-related func-
tions from the Federal Government to the private sector. 
SEC. 310. EXTERNAL TANK OPPORTUNITIES STUDY. 
(a) APPLICATIONS.—^The Administrator shall enter into appro-
priate arrangements for an independent study to identify, and 
evaluate the potential benefits and costs of, the broadest possible 
range of commercial and scientific applications which are enabled 
by the launch of Space Shuttle external tanks into Earth orbit 
and retention in space, including— 
(1) the use of privately owned external tanks as a venue 
for commercial advertising on the ground, during ascent, and 
in Earth orbit, except that such study shall not consider adver-
tising that while in orbit is observable from the ground with 
the unaided human eye; 
(2) the use of external tanks to achieve scientific or tech-
nology demonstration missions in Earth orbit, on the Moon, 
or elsewhere in space; and 
(3) the use of external tanks as low-cost infrastructure 
in Earth orbit or on the Moon, including as an augmentation 
to the International Space Station. 
A final report on the results of such study shall be delivered Reports, 
to the Congress not later than 90 days after the date of the enact- Deadline, 
ment of this Act. Such report shall include recommendations as 
to Government and industry-funded improvements to the external 
tank which would maximize its cost-effectiveness for the scientific 
and commercial applications identified. 
114 STAT. 1594 
PUBLIC LAW 106-391—OCT. 30, 2000 
Reports. 
Deadlines. 
42 use 2473 
note. 
Deadline. 
42 use 2451 
note. 
(b) REQUIRED IMPROVEMENTS.—^The Administrator shall con-
duct an internal agency study, based on the conclusions of the 
study required by subsection (a), of what— 
(1) improvements to the current Space Shuttle external 
tank; and 
(2) other in-space transportation or infrastructure capa-
bility developments, 
would be required for the safe and economical use of the Space 
Shuttle external tank for any or all of the applications identified 
by the study required by subsection (a), a report on which shall 
be delivered to Congress not later than 45 days after receipt of 
the final report required by subsection (a). 
(c) CHANGES IN LAW OR POLICY.—^Upon receipt of the final 
report required by subsection (a), the Administrator shall solicit 
comment from industry on what, if any, changes in law or policy 
would be required to achieve the applications identified in that 
final report. Not later than 90 days after receipt of such final 
report, the Administrator shall transmit to the Congress the com-
ments received along with the recommendations of the Adminis-
trator as to changes in law or policy that may be required for 
those purposes. 
SEC. 311. NOTICE. 
(a) NOTICE OF REPROGRAMMING.—If any funds authorized by 
this Act are subject to a reprogramming action that requires notice 
to be provided to the Appropriations Committees of the House 
of Representatives and the Senate, notice of such action shall 
concurrently be provided to the Committee on Science of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
(b) NOTICE OF REORGANIZATION.—^The Administrator shall pro-
vide notice to the Committees on Science and Appropriations of 
the House of Representatives, and the Committees on Commerce, 
Science, and Transportation and Appropriations of the Senate, not 
later than 30 days before any major reorganization of any program, 
project, or activity of the National Aeronautics and Space Adminis-
tration. 
SEC. 312. UNITARY WIND TUNNEL PLAN ACT OF 1949 AMENDMENTS. 
The Unitary Wind Tunnel Plan Act of 1949 is amended— 
(1) in section 101 (50 U.S.C. 511) by striking "transsonic 
and supersonic" and inserting "transsonic, supersonic, and 
hypersonic"; and 
(2) in section 103 (50 U.S.C. 513)— 
(A) by striking "laboratories" in subsection (a) and 
inserting "laboratories and centers"; 
(B) by striking "supersonic" in subsection (a) and 
inserting "transsonic, supersonic, and hypersonic"; and 
(C) by striking "laboratory" in subsection (c) and 
inserting "facility". 
SEC. 313. INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT. 
(a) ESTABLISHMENT OF PROGRAM.—In order to promote a 
"faster, cheaper, better" approach to the human exploration and 
development of space, the Administrator shall establish a Human 
Space Flight Innovative Technologies program of ground-based and 
space-based research and development in innovative technologies. 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1595 
The program shall be part of the Technology and Commercialization 
program. 
(b) AWARDS.—^At least 75 percent of the amount appropriated 
for Technology and Commercialization under section 101(b)(4) for 
any fiscal year shall be awarded through broadly distributed 
announcements of opportunity that solicit proposals from edu-
cational institutions, industry, nonprofit institutions. National Aero-
nautics and Space Administration Centers, the Jet Propulsion Lab-
oratory, other Federal 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 provide to the Committee 
on Science of the House of Representatives and to the Committee 
on Commerce, Science, and Transportation of the Senate, not later 
than December 1, 2000, a plan to implement the program estab-
lished under subsection (a). 
SEC. 314. LIFE IN THE UNIVERSE. 
(a) REVIEW.—^The Administrator shall enter into appropriate 
arrangements with the National Academy of Sciences for the con-
duct of a review of— 
(1) international efforts to determine the extent of life 
in the universe; and 
(2) enhancements that can be made to the National Aero-
nautics and Space Administration's efforts to determine the 
extent of life in the universe. 
(b) ELEMENTS.—^The review required by subsection (a) shsill 
include— 
(1) an assessment of the direction of the National Aero-
nautics and Space Administration's astrobiology initiatives 
within the Origins program; 
(2) an assessment of the direction of other initiatives car-
ried out by entities other than the National Aeronautics and 
Space Administration to determine the extent of life in the 
universe, including other Federal agencies, foreign space agen-
cies, and private groups such as the Search for Extraterrestrial 
Intelligence Institute; 
(3) recommendations about scientific and technological 
enhancements that could be made to the National Aeronautics 
and Space Administration's astrobiology initiatives to effectively 
utilize the initiatives of the scientific and technical commu-
nities; and 
(4) recommendations for possible coordination or integra-
tion of National Aeronautics and Space Administration initia-
tives with initiatives of other entities described in paragraph 
(2). 
(c) REPORT TO CONGRESS.—^Not later than 20 months after 
the date of the enactment of this Act, the Administrator shall 
transmit to the Congress a report on the results of the review 
carried out under this section. 
Deadline. 
42 use 2451 
note. 
Deadline. 
SEC. 
315. 
CARBON 
CYCLE 
REMOTE 
SENSING 
APPLICATIONS 42USC2451 
RESEARCH. 
note 
(a) CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH 
PROGRAM.— 
(1) IN GENERAL.—The Administrator shall develop a carbon 
cycle remote sensing applications research program— 
114 STAT. 1596 
PUBLIC LAW 106-391—OCT. 30, 2000 
(A) to provide a comprehensive view of vegetation 
conditions; 
(B) to assess and model agricultural carbon sequestra-
tion; and 
(C) to encourage the development of commercial prod-
ucts, as appropriate. 
(2) USE OF CENTERS.—^The Administrator of the National 
Aeronautics and Space Administration shall use regional earth 
science application centers to conduct applications research 
under this section. 
(3) RESEARCHED AREAS.—^The areas that shall be the sub-
jects of research conducted under this section include— 
(A) the mapping of carbon-sequestering land use and 
land cover; 
(B) the monitoring of changes in land cover and 
management; 
(C) new approaches for the remote sensing of soil 
carbon; and 
(D) region-scale carbon sequestration estimation. 
(b) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated to carry out this section $5,000,000 of funds 
authorized by section 102 for fiscal years 2001 through 2002. 
7 use 5935 note. 
SEC. 316. REMOTE SENSING FOR AGRICULTURAL AND RESOURCE 
MANAGEMENT. 
(a) INFORMATION DEVELOPMENT.—^The Administrator shall— 
(1) consult with the Secretary of Agriculture to determine 
data product types that are of use to farmers which can be 
remotely sensed from air or space; 
(2) consider useful commercial data products related to 
agriculture as identified by the focused research program 
between the National Aeronautics and Space Administration's 
Stennis Space Center and the Department of Agriculture; and 
(3) examine other data sources, including commercial 
sources, LightSAR, RADARSAT I, and RADARSAT II, which 
can provide domestic and international agricultural information 
relating to crop conditions, fertilization and irrigation needs, 
pest infiltration, soil conditions, projected food, feed, and fiber 
production, and other related subjects. 
(b) PLAN.—^After performing the activities described in sub-
section (a) the Administrator shall, in consultation with the Sec-
retary of Agriculture, develop a plan to inform farmers and other 
prospective users about the use and availability of remote sensing 
products that may assist with agricultural and forestry applications 
Deadline. 
identified in subsection (a). The Administrator shall transmit such 
plan to the Congress not later than 180 days after the date of 
the enactment of this Act. 
Deadline. 
(c) IMPLEMENTATION.—^Not later than 90 days after the plan 
has been transmitted under subsection (b), the Administrator shall 
implement the plan. 
42 use 2451 
SEC. 317. lOOTH ANNIVERSARY OF FLIGHT EDUCATIONAL INITIATIVE. 
°°*®' 
(a) EDUCATIONAL 
INITIATIVE.—In recognition of the 
100th 
anniversary of the first powered flight, the Administrator, in 
coordination with the Secretary of Education, shall develop and 
provide for the distribution, for use in the 2001-2002 academic 
year and thereafter, of age-appropriate educational materials, for 
use at the kindergarten, elementary, and secondary levels, on the 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1597 
history of flight, the contribution of flight to global development 
in the 20th century, the practical benefits of aeronautics and space 
flight to society, the scientific and mathematical principles used 
in flight, and any other related topics the Administrator considers 
appropriate. The Administrator shall integrate into the educational 
materials plans for the development and flight of the Mars plane. 
(b) REPORT TO CONGRESS.—Not later than December 1, 2000, Deadline, 
the Administrator shall transmit a report to the Congress on activi-
ties undertaken pursuant to this section. 
SEC. 318. INTERNET AVAILABILITY OF INFORMATION. 
Upon the conclusion of the research under a research grant 
or award of $50,000 or more made with funds authorized by this 
Act, the Administrator shall make available through the Internet 
home page of the National Aeronautics and Space Administration 
a brief summary of the results and importance of such research 
grant or award. Nothing in this section shall be construed to require 
or permit the release of any information prohibited by law or 
regulation from being released to the public. 
SEC. 319. SENSE OF THE CONGRESS; REQUIREMENT REGARDING 
42USC2473 
NOTICE. 
note. 
(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD-
UCTS.—In the case of any equipment or products that may be 
authorized to be purchased with financial assistance provided under 
this Act, it is the sense of the Congress that entities receiving 
such assistance should, in expending the assistance, purchase only 
American-made equipment and products. 
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing finan-
cial assistance under this Act, the Administrator shall provide 
to each recipient of the assistance a notice describing the statement 
made in subsection (a) by the Congress. 
SEC. 320. ANTI-DRUG MESSAGE ON INTERNET SITES. 
Not later than 90 days after the date of the enactment of 
this Act, the Administrator, in consultation with the Director of 
the Office of National Drug Control Policy, shall place anti-drug 
messages on Internet sites controlled by the National Aeronautics 
and Space Administration. 
SEC. 321. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS. 
(a) DEFINITIONS.—In this section: 
(1) EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.—^The 
term "educationally useful Federal equipment" means com-
puters and related peripheral tools and research equipment 
that is appropriate for use in schools. 
(2) SCHOOL.—The term "school" means a public or private 
educational institution that serves any of the grades of kinder-
garten through grade 12. 
(b) SENSE OF THE CONGRESS.— 
(1) IN GENERAL.—It is the sense of the Congress that the 
Administrator should, to the greatest extent practicable and 
in a manner consistent with applicable Federal law (including 
Executive Order No. 12999), donate educationally useful Fed-
eral equipment to schools in order to enhance the science and 
mathematics programs of those schools. 
21 u s e 801 note. 
Deadline. 
42 u s e 2473 
note. 
114 STAT. 1598 
PUBLIC LAW 106-391—OCT. 30, 2000 
Deadline. 
49 u s e 70109a 
note. 
(2) REPORTS.—^Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter, the Adminis-
trator shall prepare and submit to Congress a report describing 
any donations of educationally useful Federal equipment to 
schools made during the period covered by the report. 
SEC, 322. SPACE ADVERTISING. 
(a) DEFINITION.—Section 70102 of title 49, United States Code, 
is amended— 
(1) by redesignating paragraphs (8) through (16) as para-
graphs (9) through (17), respectively; and 
(2) by inserting after paragraph (7) the following: 
"(8) 'obtrusive space advertising* means advertising in outer 
space that is capable of being recognized by a human being 
on the surface of the Earth without the aid of a telescope 
or other technological device.". 
(b) PROHIBITION.—Chapter 701 of title 49, United States Code, 
is amended by inserting after section 70109 the following new 
section: 
"§ 70109a. Space advertising 
"(a) LICENSING.—^Notwithstanding the provisions of this chapter 
or any other provision of law, the Secretary may not, for the 
launch of a payload containing any material to be used for the 
purposes of obtrusive space advertising— 
"(1) issue or transfer a license under this chapter; or 
"(2) waive the license requirements of this chapter. 
"(b) LAUNCHING.—No holder of a license under this chapter 
may launch a payload containing any material to be used for 
purposes of obtrusive space advertising. 
"(c) COMMERCIAL SPACE ADVERTISING.—Nothing in this section 
shall apply to nonobtrusive commercial space advertising, including 
advertising on— 
"(1) commercial space transportation vehicles; 
"(2) space infrastructure payloads; 
"(3) space launch facilities; and 
"(4) launch support facilities.". 
(c) NEGOTIATION WITH FOREIGN LAUNCHING NATIONS.—(1) The 
President is requested to negotiate with foreign launching nations 
for the purpose of reaching one or more agreements that prohibit 
the use of outer space for obtrusive space advertising purposes. 
(2) It is the sense of the Congress that the President should 
take such action as is appropriate and feasible to enforce the 
terms of any agreement to prohibit the use of outer space for 
obtrusive space advertising purposes. 
(3) As used in this subsection, the term "foreign launching 
nation" means a nation— 
(A) that launches, or procures the launching of, a payload 
into outer space; or 
(B) from the territory or facility of which a payload is 
launched into outer space. 
(d) CLERICAL AMENDMENT.—^The table of sections for chapter 
701 is amended by inserting after the item relating to section 
70109 the following: 
"70109a. Space advertising.". 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1599 
SEC. 323. AERONAUTICAL RESEARCH. 
(a) FLIGHT RESEARCH STUDY.— 
(1) IN GENERAL.—^Within 6 months after the date of the Deadline, 
enactment of this Act, the Administrator shall provide to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Science of the House of Rep-
resentatives the results of an engineering study of the modifica-
tions necessary for the more effective use of the WB-57 flight 
research plan. 
(2) CONTENTS OF STUDY.—^The engineering study provided 
by the Administrator under paragraph (1) shall address at 
least the following issues: 
(A) Replacement of autopilot. 
(B) Replacement of landing gear or improved brake 
system. 
(C) Upgrade of avionics. 
(D) Upgrade of engines for higher flight regimes. 
(E) Installation of winglets on aircraft wings. 
(F) Research benefits to be derived from modifications 
of plane. 
(G) Associated costs of each of the modifications. 
(b) AIRCRAFT ICING RESEARCH PLAN.— 
(1) IN GENERAL.^Within 90 days after the date of the Deadline, 
enactment of this Act, the Administrator shall submit a plan 
to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Science of the House 
of Representatives for aircraft icing research to be conducted 
over the 5-year period commencing on October 1, 2000. 
(2) CONTENTS OF THE PLAN.—^The aircraft icing research 
plan submitted by the Administrator under paragraph (1) shall 
include at least the following items: 
(A) Research goals and objectives. 
(B) Funding levels for each of the 5 fiscal years. 
(C) Anticipated extent and nature of involvement in 
the research program by agencies, organizations, and 
companies, both domestic and foreign, other than the 
National Aeronautics and Space Administration. 
(D) Anticipated resource requirements and locations 
of aircrsift icing tunnel research and flight research for 
each of the 5 fiscal years. 
SEC. 324. INSURANCE, INDEMNIFICATION, AND CROSS-WAIVERS. 
(a) TECHNICAL AMENDMENT.—^Title III of the National Aero-
nautics and Space Act of 1958 is amended— 
(1) by redesignating sections 309 through 311 as sections 42USC2459, 
310 through 312, respectively; and 
2459b, 2459c. 
(2) by inserting "SEC. 309." before "(a) IN GENERAL.—" 
in the undesignated section added by section 435 of the Depart- 
42 USC 2458c. 
ments of Veterans Affairs and Housing and Urban Develop-
ment, and Independent Agencies Appropriations Act, 2000. 
114 STAT. 1600 
PUBLIC LAW 106-391—OCT. 30, 2000 
(b) AMENDMENTS.—Section 309 of the National Aeronautics 
42 use 2458c. 
and Space Act of 1958 (as so designated by subsection (a)(2) of 
this section) is amended— 
(1) in subsection (c)(1), by striking "departments, agencies, 
and related entities" and inserting "departments, agencies, and 
instrumentalities"; 
(2) in subsection (c)(2), by adding at the end the following 
new subparagraph: 
"(D) WILLFUL MISCONDUCT.—^A reciprocal waiver under 
paragraph (1) may not relieve the United States, the devel-
oper, the cooperating party, or the related entities of the 
developer or cooperating party, of liability for damage or 
loss resulting from willful misconduct."; and 
(3) by adding at the end the following new subsection: 
"(f) TERMINATION.— 
"(1) IN GENERAL.—^The provisions of this section shall termi-
nate on December 31, 2002, except that the Administrator 
may extend the termination date to a date not later than 
September 30, 2005, if the Administrator determines that such 
extension is in the interests of the United States. 
"(2) EFFECT OF TERMINATION ON AGREEMENT.—^The termi-
nation of this section shall not terminate or otherwise affect 
any cross-waiver agreement, insurance agreement, indemnifica-
tion agreement, or other agreement entered into under this 
section, except as may be provided in that agreement.". 
42 use 2473d. 
SEC. 325. USE OF ABANDONED, UNDERUTILIZED, AND EXCESS 
BUILDINGS, GROUNDS, AND FACILITIES. 
(a) IN GENERAL.—In any case in which the Administrator con-
siders the purchase, lease, or expansion of a facility to meet require-
ments of the National Aeronautics and Space Administration, the 
Administrator shall consider whether those requirements could be 
met by the use of one of the following: 
(1) Abandoned or underutilized buildings, grounds, and 
facilities in depressed communities that can be converted to 
National Aeronautics and Space Administration usage at a 
reasonable cost, as determined by the Administrator. 
(2) Any military installation that is closed or being closed, 
or any facility at such an installation. 
(3) Any other facility or part of a facility that the Adminis-
trator determines to be— 
(A) owned or leased by the United States for the use 
of another agency of the Federal Government; and 
(B) considered by the head of the agency involved— 
(i) to be excess to the needs of that agency; or 
(ii) to be underutilized by that agency. 
PUBLIC LAW 106-391—OCT. 30, 2000 
114 STAT. 1601 
(b) DEFINITION.—For the purposes of this section, the term 
"depressed communities" means rural and urban communities that 
are relatively depressed, in terms of age of housing, extent of 
poverty, growth of per capita income, extent of unemplo3anent, 
job lag, or surplus labor. 
Approved October 30, 2000. 
LEGISLATIVE HISTORY—H.R. 1654 (S. 342): 
HOUSE REPORTS: Nos. 106-145 (Comm. on Science) and 106-843 (Comm. of Con-
SENATE REPORTS: No. 106-77 accompanying S. 342 (Comm. on Commerce, 
Science and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): May 19, considered and passed House. 
Nov. 5, considered and passed Senate, amended. 
Vol. 146 (2000): Sept. 14, House agreed to conference report. 
Oct. 13, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 30, Presidential statement.