[106th Congress Public Law 391]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ391.106]
[[Page 114 STAT. 1577]]
Public Law 106-391
106th Congress
An Act
To authorize appropriations for the National Aeronautics and Space
Administration for fiscal years 2000, 2001, and 2002, and for other
purposes. <<NOTE: Oct. 30, 2000 - [H.R. 1654]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: National Aeronautics and
Space Administration Authorization Act of 2000.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Authorizations
Sec. 101. Human space flight.
Sec. 102. Science, aeronautics, and technology.
Sec. 103. Mission support.
Sec. 104. Inspector general.
Sec. 105. Total authorization.
Subtitle B--Limitations and Special Authority
Sec. 121. Use of funds for construction.
Sec. 122. Availability of appropriated amounts.
Sec. 123. Reprogramming for construction of facilities.
Sec. 124. Use of funds for scientific consultations or extraordinary
expenses.
Sec. 125. Earth science limitation.
Sec. 126. Competitiveness and international cooperation.
Sec. 127. Trans-Hab.
Sec. 128. Consolidated space operations contract.
TITLE II--INTERNATIONAL SPACE STATION
Sec. 201. International Space Station contingency plan.
Sec. 202. Cost limitation for the International Space Station.
Sec. 203. Research on International Space Station.
Sec. 204. Space station commercial development demonstration program.
Sec. 205. Space station research utilization and commercialization
management.
TITLE III--MISCELLANEOUS
Sec. 301. Requirement for independent cost analysis.
Sec. 302. National Aeronautics and Space Act of 1958 amendments.
Sec. 303. Commercial space goods and services.
Sec. 304. Cost effectiveness calculations.
Sec. 305. Foreign contract limitation.
Sec. 306. Authority to reduce or suspend contract payments based on
substantial evidence of fraud.
Sec. 307. Space shuttle upgrade study.
Sec. 308. Aero-space transportation technology integration.
Sec. 309. Definitions of commercial space policy terms.
[[Page 114 STAT. 1578]]
Sec. 310. External tank opportunities study.
Sec. 311. Notice.
Sec. 312. Unitary Wind Tunnel Plan Act of 1949 amendments.
Sec. 313. Innovative technologies for human space flight.
Sec. 314. Life in the universe.
Sec. 315. Carbon cycle remote sensing applications research.
Sec. 316. Remote sensing for agricultural and resource management.
Sec. 317. 100th Anniversary of Flight educational initiative.
Sec. 318. Internet availability of information.
Sec. 319. Sense of the Congress; requirement regarding notice.
Sec. 320. Anti-drug message on Internet sites.
Sec. 321. Enhancement of science and mathematics programs.
Sec. 322. Space advertising.
Sec. 323. Aeronautical research.
Sec. 324. Insurance, indemnification and cross-waivers.
Sec. 325. Use of abandoned, underutilized, and excess buildings,
grounds, and
facilities.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The National Aeronautics and Space Administration should
continue to pursue actions and reforms directed at reducing
institutional costs, including management restructuring,
facility consolidation, procurement reform, and convergence with
defense and commercial sector systems, while sustaining safety
standards for personnel and hardware.
(2) The United States is on the verge of creating and using
new technologies in microsatellites, information processing, and
space transportation that could radically alter the manner in
which the Federal Government approaches its space mission.
(3) The overwhelming preponderance of the Federal
Government's requirements for routine, unmanned space
transportation can be met most effectively, efficiently, and
economically by a free and competitive market in privately
developed and operated space transportation services.
(4) In formulating a national space transportation service
policy, the National Aeronautics and Space Administration should
aggressively promote the pursuit by commercial providers 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 unilaterally; or
(iii) enhances United States capabilities to
use and develop space for the benefit of United
States citizens; and
(B) when it--
[[Page 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 effectively in
leveraging the mutual capabilities of these agencies to conduct
joint aeronautics and space missions that not only improve
United States aeronautics and space capabilities, but also
reduce the cost of conducting those missions.
(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
reliability. 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
infrastructure 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
revolutionizing 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. <<NOTE: 42 USC 2452 note.>>
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
providing 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;
[[Page 114 STAT. 1580]]
(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 Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States; and
(7) the term ``United States commercial provider'' means a
commercial provider, organized under the laws of the United
States or of a State, which is--
(A) more than 50 percent owned by United States
nationals; or
(B) a subsidiary of a foreign company and the
Secretary of Commerce finds that--
(i) such subsidiary has in the past evidenced
a substantial commitment to the United States
market through--
(I) investments in the United States
in long-term research, development, and
manufacturing (including the manufacture
of major components and subassemblies);
and
(II) significant contributions to
employment in the United States; and
(ii) the country or countries in which such
foreign company is incorporated or organized, and,
if appropriate, in which it principally conducts
its business, affords reciprocal treatment to
companies described in subparagraph (A) comparable
to that afforded to such foreign company's
subsidiary in the United States, as evidenced by--
(I) providing comparable
opportunities for companies described in
subparagraph (A) to participate in
Government sponsored research and
development similar to that authorized
under this Act;
(II) providing no barriers to
companies described in subparagraph (A)
with respect to local investment
opportunities that are not provided to
foreign companies in the United States;
and
(III) providing adequate and
effective protection for the
intellectual property rights of
companies 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.
[[Page 114 STAT. 1581]]
(b) Fiscal Years 2001 and 2002.--There are authorized to be
appropriated to the National Aeronautics and Space Administration for
Human Space Flight for fiscal years 2001 and 2002 the following amounts:
(1) For International Space Station--
(A) for fiscal year 2001, $2,114,500,000 of which
$455,400,000, notwithstanding section 121(a)--
(i) shall only be for Space Station research
or for the purposes described in section
102(b)(2); and
(ii) shall be administered by the Office of
Life and Microgravity Sciences and Applications;
and
(B) for fiscal year 2002, $1,858,500,000, of which
$451,600,000, notwithstanding section 121(a)--
(i) shall only be for Space Station research
or for the purposes described in section
102(b)(2); and
(ii) shall be administered by the Office of
Life and Microgravity Sciences and Applications.
(2) For Space Shuttle--
(A) for fiscal year 2001, $3,165,700,000, of which
$492,900,000 shall be for Safety and Performance
Upgrades; and
(B) for fiscal year 2002, $3,307,800,000.
(3) For Payload and ELV Support--
(A) for fiscal year 2001, $90,200,000; and
(B) for fiscal year 2002, $90,300,000.
(4) For Investments and Support--
(A) for fiscal year 2001, $129,500,000, of which
$20,000,000 shall be for Technology and
Commercialization; and
(B) for fiscal year 2002, $131,000,000, of which
$20,000,000 shall be for Technology and
Commercialization.
SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY.
(a) Fiscal Year 2000.--There are authorized to be appropriated to
the National Aeronautics and Space Administration for Science,
Aeronautics, and Technology $5,580,900,000 for fiscal year 2000.
(b) Fiscal Years 2001 and 2002.--There are authorized to be
appropriated to the National Aeronautics and Space Administration for
Science, Aeronautics, and Technology for fiscal years 2001 and 2002 the
following amounts:
(1) For Space Science--
(A) for fiscal year 2001, $2,417,800,000, of which--
(i) $10,500,000 shall be for the Near Earth
Object Survey;
(ii) $523,601,000 shall be for the Research
Program; 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
Program;
(iii) $12,000,000 shall be for Space Solar
Power technology; and
(iv) $5,000,000 shall be for Space Science
Data Buy.
[[Page 114 STAT. 1582]]
(2) For Life and Microgravity Sciences and Applications--
(A) for fiscal year 2001, $335,200,000, of which
$2,000,000 shall be for research and early detection
systems for breast and ovarian cancer and other women's
health issues, $5,000,000 shall be for sounding rocket
vouchers, $2,000,000 shall be made available for
immediate clinical trials of islet transplantation in
patients with Type I diabetes utilizing immunoisolation
technologies derived from NASA space flights, and
$70,000,000 may be used for activities associated with
International Space Station research; and
(B) for fiscal year 2002, $344,000,000, of which
$2,000,000 shall be for research and early detection
systems for breast and ovarian cancer and other women's
health issues, appropriate funding shall be made
available for continuing clinical trials of islet
transplantation in patients with Type I diabetes
utilizing immunoisolation technologies derived from NASA
space flights, and $80,800,000 may be used for
activities associated with International Space Station
research.
(3) For Earth Science, subject to the limitations set forth
in section 125--
(A) for fiscal year 2001, $1,430,800,000; and
(B) for fiscal year 2002, $1,357,500,000.
(4) For Aero-Space Technology--
(A) for fiscal year 2001, $1,224,000,000, of which--
(i) at least $36,000,000 shall be for Quiet
Aircraft Technology;
(ii) at least $70,000,000 shall be for the
Aviation Safety program;
(iii) $50,000,000 shall be for ultra-efficient
engine technology; and
(iv) $290,000,000 shall be for Second
Generation RLV Program; and
(B) for fiscal year 2002, $1,574,900,000, of which--
(i) at least $36,000,000 shall be for Quiet
Aircraft Technology;
(ii) at least $70,000,000 shall be for the
Aviation Safety program;
(iii) $50,000,000 shall be for ultra-efficient
engine technology; and
(iv) $610,000,000 shall be for Second
Generation RLV Program.
(5) For Space Operations--
(A) for fiscal year 2001, $529,400,000; and
(B) for fiscal year 2002, $500,800,000.
(6) For Academic Programs--
(A) for fiscal year 2001, $141,300,000, of which--
(i) $11,800,000 shall be for the Teacher/
Faculty Preparation and Enhancement Programs;
(ii) $11,800,000 shall be for the program
known as the Experimental Program to Stimulate
Competitive Research;
(iii) $54,000,000 shall be for minority
university research and education (at institutions
such as Hispanic-serving institutions, Alaska
Native serving institutions, Native Hawaiian
serving institutions, and
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tribally controlled colleges and universities),
including $35,900,000 for Historically Black
Colleges and Universities; 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 Hispanic-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 Universities;
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 Administration 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 personnel
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 Aeronautics
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.
[[Page 114 STAT. 1584]]
Subtitle B--Limitations and Special Authority
SEC. 121. USE OF FUNDS FOR CONSTRUCTION.
(a) Authorized Uses.--Funds appropriated under sections 101, 102,
and 103(b)(1) and funds appropriated for research operations support
under section 103(b)(3) may, at any location in support of the purposes
for which such funds are appropriated, be used for--
(1) the construction of new facilities; and
(2) additions to, repair of, rehabilitation of, or
modification of existing facilities (in existence on the date on
which such funds are made available by appropriation).
(b) Limitation.--
(1) In general.--Until the date specified in paragraph (2),
no funds may be expended pursuant to subsection (a) for a
project, with respect to which the estimated cost to the
National Aeronautics and Space Administration, including
collateral equipment, exceeds $1,000,000.
(2) Date.--The date specified in this paragraph is the date
that is 30 days after the Administrator notifies the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science of the House of Representatives of the
nature, location, and estimated cost to the National 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 paragraph, the title to that facility shall vest in that
institution or organization.
(3) Condition.--Each grant referred to in paragraph (1)
shall be made under such conditions as the Administrator
determines to be necessary to ensure that the United States will
receive benefits from the grant that are adequate to justify the
making of the grant.
SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appropriations
authorized under subtitle A may remain available without fiscal year
limitation.
SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
(a) In General.--Appropriations authorized for construction of
facilities under section 103(b)(2)--
(1) may be varied upward by 10 percent in the discretion of
the Administrator; or
[[Page 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 construction 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, expansion, 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. <<NOTE: 42 USC 2475a.>> COMPETITIVENESS AND INTERNATIONAL
COOPERATION.
(a) <<NOTE: Commerce Business Daily, publication. Deadline.>>
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) <<NOTE: Certification. People's Republic of China.>> 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--
[[Page 114 STAT. 1586]]
(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 from 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 United States described in section 2(6).
SEC. 127. TRANS-HAB.
(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 International 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 Administration from
leasing or otherwise using a commercially provided inflatable habitation
module, if such module would--
(1) cost the same or less, including any necessary
modifications to other hardware or operating expenses, than the
remaining cost of completing and attaching the baseline
habitation 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 substituting any
inflatable habitation module, or other inflatable structures, for one of
the elements included in the Space Station Assembly Sequence adopted in
June 1999.
SEC. 128. CONSOLIDATED 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
SEC. 201. <<NOTE: 42 USC 2451 note.>> INTERNATIONAL SPACE STATION
CONTINGENCY PLAN.
(a) <<NOTE: Deadline.>> 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
[[Page 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 complete the International
Space Station before the next report under this subsection.
(b) <<NOTE: President. Notification. Deadline.>> Decision on
Russian Critical Path Items.--The President shall notify Congress within
90 days after the date of the enactment of this Act of the decision on
whether or not to proceed with 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
justifications for the decision and the costs associated with the
decision. Such decision shall include a judgment of when all elements
identified 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 International
Space Station for other purposes, including extending the life of Mir.
(d) Equitable Utilization.--In the event that any International
Partner in the International Space Station Program willfully 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 International
Space Station common operating costs, based upon any additional
capabilities provided to the International Space Station through the
National Aeronautics and Space Administration's Russian Program
Assurance activities.
SEC. 202. <<NOTE: 42 USC 2451 note.>> COST LIMITATION FOR THE
INTERNATIONAL SPACE STATION.
(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.
[[Page 114 STAT. 1588]]
(2) Calculation of launch costs.--For purposes of paragraph
(1)(B)--
(A) not more than $380,000,000 in costs for any
single space shuttle launch shall be taken into account;
and
(B) <<NOTE: Deadline.>> 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 subsection
(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 Station;
(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 and reliability of the space
shuttle.
(3) Substantial completion.--For purposes of this
subsection, 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 and
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
contingencies 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.
[[Page 114 STAT. 1589]]
In the <<NOTE: Deadline.>> case of funding described in
paragraph (3)(B), such 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
paragraph (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
contingencies 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 International Space Station; and
(ii) any shuttle research mission described in
subsection (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 Station.
(2) Accounting for cost limitations.--As part of the annual
budget request to the Congress, the Administrator shall account
for the cost limitations imposed by subsection (a).
(3) Verification of accounting.--The <<NOTE: Deadline.>>
Administrator 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
transmitted to the Congress.
(4) Inspector general.--Within <<NOTE: Deadline.>> 60 days
after the 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
committees to which the notice and analysis were provided.
[[Page 114 STAT. 1590]]
SEC. 203. <<NOTE: 42 USC 2451 note.>> RESEARCH ON INTERNATIONAL 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 Station.
The study shall include--
(1) an assessment of the United States scientific
community'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 community'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
scientific community's 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) <<NOTE: Deadline.>> Report.--Not later than 1 year after the
date of the enactment 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 DEMONSTRATION PROGRAM.
Section <<NOTE: 42 USC 14711 note.>> 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. <<NOTE: 42 USC 2451 note.>> 205. SPACE STATION RESEARCH
UTILIZATION AND COMMERCIALIZATION MANAGEMENT.
(a) Research Utilization and Commercialization Management
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) <<NOTE: Deadline.>> Implementation Plan.--Not later than
September 30, 2001, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Science of the House of Representatives an implementation plan to
incorporate the use of a non-government organization
[[Page 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
organization;
(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. <<NOTE: 42 USC 2459g.>> REQUIREMENT FOR INDEPENDENT COST
ANALYSIS.
(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 AMENDMENTS.
(a) Declaration of Policy and Purpose.--Section 102 of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended--
(1) by striking subsection (f ) 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.
[[Page 114 STAT. 1592]]
SEC. 304. <<NOTE: 42 USC 2459h.>> 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. <<NOTE: 42 USC 2475b.>> 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 consideration 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. <<NOTE: 42 USC 2451 note.>> AERO-SPACE TRANSPORTATION
TECHNOLOGY INTEGRATION.
(a) Integration Plan.--The Administrator shall develop a plan for
the integration of research, development, and experimental demonstration
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) <<NOTE: Deadline.>> 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 subsection (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.
[[Page 114 STAT. 1593]]
SEC. 309. DEFINITIONS OF COMMERCIAL SPACE POLICY 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 Government 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 capital 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
functions from the Federal Government to the private
sector.
SEC. 310. 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 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
advertising that while in orbit is observable from the ground
with the unaided human eye;
(2) the use of external tanks to achieve scientific or
technology 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 <<NOTE: Reports. Deadline.>> report on the results of such
study shall be delivered 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 applications identified.
[[Page 114 STAT. 1594]]
(b) Required Improvements.--The Administrator shall conduct 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) <<NOTE: Reports. Deadlines.>> other in-space
transportation or infrastructure capability 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 comments received along with the
recommendations of the Administrator as to changes in law or policy that
may be required for those purposes.
SEC. 311. <<NOTE: 42 USC 2473 note.>> 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) <<NOTE: Deadline.>> Notice of Reorganization.--The
Administrator shall provide 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
Administration.
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. <<NOTE: 42 USC 2451 note.>> 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.
[[Page 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 educational institutions,
industry, nonprofit institutions, National Aeronautics and Space
Administration Centers, the Jet Propulsion Laboratory, other Federal
agencies, and other interested organizations, and that allow
partnerships among any combination of those entities, with evaluation,
prioritization, and recommendations made by external peer review panels.
(c) <<NOTE: Deadline.>> 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 established
under subsection (a).
SEC. <<NOTE: 42 USC 2451 note.>> 314. LIFE IN THE UNIVERSE.
(a) Review.--The Administrator shall enter into appropriate
arrangements with the National Academy of Sciences for the conduct of a
review of--
(1) international efforts to determine the extent of life in
the universe; and
(2) enhancements that can be made to the National
Aeronautics and Space Administration's efforts to determine the
extent of life in the universe.
(b) Elements.--The review required by subsection (a) shall include--
(1) an assessment of the direction of the National
Aeronautics and Space Administration's astrobiology initiatives
within the Origins program;
(2) an assessment of the direction of other initiatives
carried 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
agencies, 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
communities; and
(4) recommendations for possible coordination or integration
of National Aeronautics and Space Administration initiatives
with initiatives of other entities described in paragraph (2).
(c) <<NOTE: Deadline.>> 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.
SEC. <<NOTE: 42 USC 2451 note.>> 315. CARBON CYCLE REMOTE SENSING
APPLICATIONS RESEARCH.
(a) Carbon Cycle Remote Sensing Applications Research Program.--
(1) In general.--The Administrator shall develop a carbon
cycle remote sensing applications research program--
[[Page 114 STAT. 1596]]
(A) to provide a comprehensive view of vegetation
conditions;
(B) to assess and model agricultural carbon
sequestration; and
(C) to encourage the development of commercial
products, 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 subjects
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.
SEC. 316. <<NOTE: 7 USC 5935 note.>> 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 subsection
(a) the Administrator shall, in consultation with the Secretary 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 identified in
subsection (a). <<NOTE: Deadline.>> The Administrator shall transmit
such plan to the Congress not later than 180 days after the date of the
enactment of this Act.
(c) <<NOTE: Deadline.>> Implementation.--Not later than 90 days
after the plan has been transmitted under subsection (b), the
Administrator shall implement the plan.
SEC. <<NOTE: 42 USC 2451 note.>> 317. 100TH 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
[[Page 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) <<NOTE: Deadline.>> Report to Congress.--Not later than
December 1, 2000, the Administrator shall transmit a report to the
Congress on activities 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. <<NOTE: 42 USC 2473 note.>> 319. SENSE OF THE CONGRESS;
REQUIREMENT REGARDING NOTICE.
(a) Purchase of American-Made Equipment and Products.--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 financial
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. <<NOTE: 21 USC 801 note.>> 320. ANTI-DRUG MESSAGE ON INTERNET
SITES.
Not <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 2473 note.>> ENHANCEMENT OF SCIENCE AND
MATHEMATICS PROGRAMS.
(a) Definitions.--In this section:
(1) Educationally useful federal equipment.--The term
``educationally useful Federal equipment'' means computers 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
kindergarten 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 Federal
equipment to schools in order to enhance the science and
mathematics programs of those schools.
[[Page 114 STAT. 1598]]
(2) <<NOTE: Deadline.>> Reports.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Administrator 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
paragraphs (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:
``Sec. 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) <<NOTE: 49 USC 70109a note.>> 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.''.
[[Page 114 STAT. 1599]]
SEC. 323. AERONAUTICAL RESEARCH.
(a) Flight Research Study.--
(1) In <<NOTE: Deadline.>> general.--Within 6 months after
the date of the 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 Representatives the results of an engineering study of
the modifications 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) <<NOTE: Deadline.>> In general.--Within 90 days after
the date of the 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 aircraft 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 Aeronautics and
Space Act of 1958 is amended--
(1) by redesignating <<NOTE: 42 USC 2459, 2459b, 2459c.>>
sections 309 through 311 as sections 310 through 312,
respectively; and
(2) by inserting ``Sec. 309.'' before ``(a) In General.--''
in the undesignated section added by section 435 <<NOTE: 42 USC
2458c.>> of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act,
2000.
[[Page 114 STAT. 1600]]
(b) Amendments.--Section 309 of the National Aeronautics and Space
Act of 1958 <<NOTE: 42 USC 2458c.>> (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
developer, 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
terminate 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 termination
of this section shall not terminate or otherwise affect any
cross-waiver agreement, insurance agreement, indemnification
agreement, or other agreement entered into under this section,
except as may be provided in that agreement.''.
SEC. 325. <<NOTE: 42 USC 2473d.>> USE OF ABANDONED, UNDERUTILIZED, AND
EXCESS BUILDINGS, GROUNDS, AND FACILITIES.
(a) In General.--In any case in which the Administrator considers
the purchase, lease, or expansion of a facility to meet requirements 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
Administrator 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.
[[Page 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 unemployment, job lag, or surplus
labor.
Approved October 30, 2000.
LEGISLATIVE HISTORY--H.R. 1654 (S. 342):
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HOUSE REPORTS: Nos. 106-145 (Comm. on Science) and 106-843 (Comm. of
Conference).
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.
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