Part 1: Conference Report (H. Rept.106-843) to authorize appropriations for NASA for FY 2000, 2001, and 2002
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Mr. SENSENBRENNER submitted the following conference and statement on the bill (H.R. 1654) to authorize appropriations for the National Aeronautics and Space Administration for the fiscal years 2000, 2001, and 2002.
Conference Report (H. Rept. 106-843)
The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 1654), to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amendment, insert the following:
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:
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.
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.
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.
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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 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–
(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.
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;
(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.
(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.
(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; and
(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; and
(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 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.
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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.
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
(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.
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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 Administrator shall solicit comment on the potential impact of such participation through notice published in Commerce Business Daily at least 45 days before entering into such an obligation.
(2) The Administrator shall certify to the Congress at least 15 days in advance of any cooperative agreement with the People’s Republic of China, or any company 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–
(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. 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 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) 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. 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.
(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) 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. 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 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 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 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 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.
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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 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) 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 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 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) 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 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.
