H. R. 1654—9
(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—
H. R. 1654—10
(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 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. 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. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.
(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
H. R. 1654—11
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
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 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-
TION.
(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.
H. R. 1654—12
(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
(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 and 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
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 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.
H. R. 1654—13
In the 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 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
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
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.
H. R. 1654—14
SEC. 203. 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 Sta-
tion. The study shall include—
(1) an assessment of the United States scientific commu-
nity’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 sci-
entific 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) 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
H. R. 1654—15
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.
(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.
H. R. 1654—16
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.
H. R. 1654—17
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 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
to the Congress not later than 90 days after the date of the enact-
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.