Home > 106th Congressional Bills > H.R. 1654 (eh) To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. [Engrossed in House] ...H.R. 1654 (eh) To authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. [Engrossed in House] ...
travel, and research operations support.
(2) $2,569,747,000 for fiscal year 2001.
(3) $2,646,839,000 for fiscal year 2002.
SEC. 105. INSPECTOR GENERAL.
There are authorized to be appropriated to the National Aeronautics
and Space Administration for Inspector General--
(1) $20,800,000 for fiscal year 2000;
(2) $21,424,000 for fiscal year 2001; and
(3) $22,066,720 for fiscal year 2002.
SEC. 106. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
Of the amounts authorized to be appropriated for academic programs
under section 103(1)(F), 103(2)(F), and 103(3)(F), respectively, the
Administrator shall use, for the program known as the Experimental
Program to Stimulate Competitive Research--
(1) $10,000,000 for fiscal year 2000;
(2) $15,000,000 for fiscal year 2001; and
(3) $20,000,000 for fiscal year 2002.
Subtitle B--Limitations and Special Authority
SEC. 111. USE OF FUNDS FOR CONSTRUCTION.
(a) Authorized Uses.--Funds made available by appropriations under
section 101, paragraphs (1)(A), (1)(B), (2)(A), (2)(B), (3)(A), and
(3)(B) of section 102, section 103, and paragraphs (1)(A), (1)(B),
(2)(A), and (2)(B) of section 104 and funds made available by
appropriations for research operations support pursuant to section 104
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. 112. AVAILABILITY OF APPROPRIATED AMOUNTS.
To the extent provided in appropriations Acts, appropriations
authorized under subtitle A may remain available without fiscal year
limitation.
SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
(a) Use of Construction Funds.--Subject to subsection (b), in
addition to the amounts authorized for construction of facilities under
section 101(4) or section 103(3), the Administrator may, for that
purpose, from funds otherwise available to the Administrator--
(1) use an additional amount equal to 10 percent of the
amount specified; or
(2) to meet unusual cost variations, use an additional
amount equal to 25 percent of that amount, after the
termination of a 30-day period beginning on the date on which
the Administrator submits a report on the circumstances of such
action by the Administrator to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science of the House of Representatives.
(b) Limitation.--The aggregate amount authorized to be appropriated
for construction of facilities under section 101(4) and section 103(3)
shall not be increased as a result of any action taken by the
Administrator under paragraph (1) or (2).
SEC. 114. CONSIDERATION BY COMMITTEES.
(a) In General.--
(1) Limitation on use of funds.--Except as provided in
subsection (b), notwithstanding any other provision of law, no
amount made available by appropriations for the National
Aeronautics and Space Administration in excess of the amount
authorized for that program under this title may be used for
any program with respect to which--
(A) the annual budget request submitted by the
President under section 1105(a) of title 31, United
States Code, included a request for funding; and
(B) for the fiscal year of the request referred to
in subparagraph (A), Congress denied or did not provide
funding.
(2) Prohibition.--Notwithstanding any other provision of
law, no amount made available by appropriations to the National
Aeronautics and Space Administration may be used for any
program that is not authorized under this Act, except for
projects for construction of facilities.
(b) Exception.--Funds may be used for a program of the National
Aeronautics and Space Administration upon the expiration of the 30-day
period beginning on the date on which the Administrator provides a
notice to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science of the House of Representatives
that contains--
(1) a full and complete statement of the action proposed to
be taken by the Administrator with respect to that program; and
(2) the facts and circumstances that the Administrator
relied on to support the proposed action referred to in
paragraph (1).
(c) Information.--The Administrator shall keep the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Science of the House of Representatives fully and currently informed
with respect to all activities and responsibilities of the National
Aeronautics and Space Administration within the jurisdiction of those
committees.
SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES.
Not more than $35,000 of the amounts made available by
appropriations pursuant to section 103 may be used by the Administrator
for scientific consultations or extraordinary expenses.
TITLE II--INTERNATIONAL SPACE STATION
SEC. 201. INTERNATIONAL SPACE STATION CONTINGENCY PLAN.
(a) Transfer of Funds to Russia.--Notwithstanding any other
provision of this Act, no funds or in-kind payments shall be
transferred to any entity of the Russian Government or any Russian
contractor to perform work on the International Space Station which the
Russian Government pledged, at any time, to provide at its expense.
This subsection shall not apply to the purchase or modification of--
(1) the Russian Service Module, United States owned
Functional Cargo Block, Russian space launch vehicles and
launch services; or
(2) until the assembly of the United States lab module,
command and control capability.
(b) Contingency Plan for Russian Elements in Critical Path.--The
Administrator shall develop and deliver to Congress, within 60 days of
enactment, a contingency plan for the removal or replacement of each
Russian Government element of the International Space Station that lies
in the Station's critical path, as well as Russian space launch
services. Such plan shall include--
(1) decision points for removing or replacing those
elements and launch services, to the maximum extent feasible,
necessary for completion of the International Space Station;
(2) the estimated cost of implementing each such decision;
and
(3) the cost, to the extent determinable, of removing or
replacing a Russian Government critical path element or launch
service after its decision point has passed, if--
(A) the decision at that point was not to remove or
replace the Russian Government element or launch
service; and
(B) the National Aeronautics and Space
Administration later determines that the Russian
Government will be unable to provide the critical path
element or launch service in a manner to allow
completion of the International Space Station.
(c) Bimonthly Reporting on Russian Status.--On or before December
1, 1999, and until substantial completion (as defined in section
202(b)(3) of this Act) of the assembly of the International Space
Station, the Administrator shall report to Congress on the first day of
every other month whether or not the Russians have performed work
expected of them and necessary to complete the International Space
Station. 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.
(d) Decision on Russian Critical Path Items.--The President shall
notify Congress within 90 days of enactment of this Act of the decision
on whether or not to proceed with permanent replacement of the Russian
Service Module, other Russian elements in the critical path of the
International Space Station, or 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 the assembly of the International
Space Station will be completed. If the President decides to proceed
with a permanent replacement for the Russian Service Module or any
other Russian element in the critical path or Russian launch service,
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.
SEC. 202. COST LIMITATION FOR THE INTERNATIONAL SPACE STATION
(a) Limitation of Costs.--Except as provided in subsection (c), the
total amount appropriated for--
(1) costs of the International Space Station through
completion of assembly may not exceed $21,900,000,000; and
(2) space shuttle launch costs in connection with the
assembly of the International Space Station through completion
of assembly may not exceed $17,700,000,000 (determined at the
rate of $380,000,000 per space shuttle flight).
(b) Costs to Which Limitation Applies.--
(1) Development costs.--The limitation imposed by
subsection (a)(1) does not apply to funding for operations,
research, and crew return activities subsequent to substantial
completion of the International Space Station.
(2) Launch costs.--The limitation imposed by subsection
(a)(2) does not apply to space shuttle launch costs in
connection with operations, research, and crew return
activities subsequent to substantial completion of the
International Space Station.
(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) Automatic Increase of Limitation Amount.--The amounts set forth
in subsection (a) shall each be increased to reflect any increase in
costs attributable to--
(1) economic inflation;
(2) compliance with changes in Federal, State, or local
laws enacted after the date of enactment of this Act;
(3) the lack of performance or the termination of
participation of any of the International countries
participating in the International Space Station; and
(4) new technologies to improve safety, reliability,
maintainability, availability, or utilization of the
International Space Station, or to reduce costs after
completion of assembly, including increases in costs for on-
orbit assembly sequence problems, increased ground testing,
verification and integration activities, contingency responses
to on-orbit failures, and design improvements to reduce the
risk of on-orbit failures.
(d) Notice of Changes.--The Administrator shall provide with each
annual budget request a written notice and analysis of any changes
under subsection (c) 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. 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; and
(2) an analysis of the impact on the assembly schedule and
annual funding estimates of not receiving the requested
increases.
(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 the amounts
of the requested funding that are to be used for
completion of the assembly of the International Space
Station.
(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 (d), 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 was provided.
SEC. 203. LIABILITY CROSS-WAIVERS FOR INTERNATIONAL SPACE STATION-
RELATED ACTIVITIES
(a) In General.--Notwithstanding any other provision of law, the
Administrator, on behalf of the United States, its departments,
agencies, and related entities, may reciprocally waive claims with
cooperating parties, and the related entities of such cooperating
parties, under which each party to each such waiver agrees to be
responsible, and agrees to ensure that its own related entities are
responsible, for damage or loss to its property or to property for
which it is responsible, or for losses resulting from any injury or
death sustained by its own employees or agents, as a result of
activities connected to the International Space Station Program.
(b) Limitations.--
(1) Claims.--A reciprocal waiver under subsection (a) may
not preclude a claim by any natural person (including, but not
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