[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4820 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4820

 To impose accountability on the International Space Station, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 1998

Mr. Sensenbrenner introduced the following bill; which was referred to 
                        the Committee on Science

_______________________________________________________________________

                                 A BILL


 
 To impose accountability on the International Space Station, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save the International Space Station 
Act of 1998''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Administrator'' means the Administrator of 
        the National Aeronautics and Space Administration; and
            (2) the term ``critical path'' means the sequence of events 
        of a schedule of events under which a delay in any of those 
        events causes a delay in the overall schedule.

SEC. 3. INTERNATIONAL SPACE STATION LIMITATIONS.

    (a) Transfer of Funds to Russia.--Notwithstanding any other 
provision of law, no funds or in-kind payments shall be transferred to 
any entity of the Russian Government or any Russian contractor when 
such funds are intended to be used to perform work on the International 
Space Station which the Russian Government pledged, at any time, to 
provide at its expense. No funds or in-kind payments shall be made to 
any entity of the Russian Government in exchange for any goods or 
services associated with the International Space Station, except 
pursuant to a contract or agreement in effect as of the date of the 
enactment of this Act. If the Administrator determines that an 
exception to this subsection is necessary, the Administrator shall 
submit the reasons and justifications for such exception, in writing, 
to the Congress. Such submittal shall also include an explanation of 
whether such work will be the result of, or such goods or services will 
be procured through, a competitively awarded contract, and if not, 
shall also include the reasons and justifications why such work, goods, 
or services could not be competitively bid. Such exception shall not be 
approved if, within 30 days after submittal to the Congress, any two of 
the following Committees objects in writing: the Committee on 
Appropriations and the Committee on Science of the House of 
Representatives, and of the Committee on Appropriations and the 
Committee on Commerce, Science, and Transportation of the Senate. This 
subsection shall not apply to the purchase or modification of the 
Russian built, United States owned Functional Cargo Block, known as the 
``FGB''.
    (b) Sense of Congress.--It is the sense of the Congress that if the 
Russian Government is unable to provide at its own expense any 
contribution, capability, or launch service to the International Space 
Station which the Russian Government pledged, at any time, to provide 
at its own expense, the Memorandum of Understanding between the 
National Aeronautics and Space Administration and the Russian Space 
Agency, and, if necessary, the Intergovernmental Agreement among all 
the International Space Station partners, should be renegotiated to 
reduce Russia's benefits commensurate with its reduced level of 
contribution to the International Space Station.
    (c) Contingency Plan for Russian Elements in Critical Path.--The 
Administrator shall develop and deliver to Congress, with the 
President's budget request for fiscal year 2000, a contingency plan for 
the removal or replacement of each Russian Government contribution or 
capability of the International Space Station that lies in the critical 
path, as well as Russian space launch services. Such plan shall 
include--
            (1) decision points for removing or replacing those 
        contributions, capabilities, and launch services necessary for 
        completion of the International Space Station;
            (2) the estimated cost of implementing each such decision; 
        and
            (3) the estimated cost of removing or replacing a Russian 
        Government critical path contribution, capability, 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 contribution, 
                capability, or launch service; and
                    (B) the Administrator later determines that the 
                Russian Government will be unable to provide the 
                critical path contribution, capability, or launch 
                service in a manner to allow completion of the 
                International Space Station.
    (d) Bi-Monthly Reporting on Russian Status.--On or before December 
1, 1998, and until completion 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.
    (e) Decision on Russian Critical Path Items.--The President shall 
notify Congress, by April 1, 1999, of the decision on whether or not to 
proceed with permanent replacement of the Russian Service Module, other 
Russian contributions or capabilities 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, after April 
1, 1999, to proceed with a permanent replacement for the Russian 
Service Module or any other Russian contribution or capability in the 
critical path or Russian launch service, the President shall notify 
Congress of the reasons and justification for the decision to proceed 
with the permanent replacement, and the costs associated with the 
decision, including the cost difference between making such decision by 
April 1, 1999, and any later date at which it is made.

SEC. 4. 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. 5. 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 
        limited to, a natural person who is an employee of the United 
        States, the cooperating party, or the cooperating party's 
        subcontractors) or that natural person's estate, survivors, or 
        subrogees for injury or death, except with respect to a 
        subrogee that is a party to the waiver or has otherwise agreed 
        to be bound by the terms of the waiver.
            (2) Liability for negligence.--A reciprocal waiver under 
        subsection (a) may not absolve any party of liability to any 
        natural person (including, but not limited to, a natural person 
        who is an employee of the United States, the cooperating party, 
        or the cooperating party's subcontractors) or such natural 
        person's estate, survivors, or subrogees for negligence, except 
        with respect to a subrogee that is a party to the waiver or has 
        otherwise agreed to be bound by the terms of the waiver.
            (3) Indemnification for damages.--A reciprocal waiver under 
        subsection (a) may not be used as the basis of a claim by the 
        National Aeronautics and Space Administration or the 
        cooperating party for indemnification against the other for 
        damages paid to a natural person, or that natural person's 
        estate, survivors, or subrogees, for injury or death sustained 
        by that natural person as a result of activities connected to 
        the International Space Station Program.
    (c) Safety Oversight and Review Required.--In the exercise of the 
authority provided in subsection (a), and consistent with relevant 
agreements with cooperating parties in the International Space Station 
Program, the Administrator shall establish overall safety requirements 
and plans and shall conduct overall integrated system safety reviews 
for International Space Station elements and payloads, and may 
undertake any and all authorized steps (including, but not limited to, 
removal from launch manifest) to ensure, to the maximum extent 
possible, that such elements and payloads pose no safety risks for the 
International Space Station.
    (d) Definitions.--In this section:
            (1) Cooperating party.--The term ``cooperating party'' 
        means any person who enters into an agreement or contract with 
        the National Aeronautics and Space Administration for the 
        performance or support of scientific, aeronautical, or space 
        activities in furtherance of the International Space Station 
        Program.
            (2) Related entity.--The term ``related entity'' includes 
        contractors or subcontractors at any tier, suppliers, grantees, 
        and investigators or detailees.
            (3) Common terms.--Any term used in this section that is 
        defined in the National Aeronautics and Space Act of 1958 (42 
        U.S.C. 2451 et seq.) has the same meaning in this section as 
        when it is used in that Act.
    (e) Effect on Previous Waivers.--Subsection (a) applies to any 
waiver of claims entered into by the Administrator without regard to 
whether it was entered into before, on, or after the date of enactment 
of this Act.

SEC. 6. SPACE STATION ACCOUNTING REPORTS.

    (a) Initial Report.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator shall transmit to the Congress 
a report containing a description of all Space Station-related 
agreements entered into by the United States with a foreign entity 
after September 30, 1993, along with--
            (1) a complete accounting of all costs and benefits to the 
        United States during fiscal years 1994 through 1998 pursuant to 
        each such agreement; and
            (2) an estimate of costs and benefits after fiscal year 
        1998 to the United States pursuant to each such agreement.
    (b) Annual Reports.--Not later than 90 days after the date of the 
enactment of this Act, and not later than 60 days after the end of each 
fiscal year beginning with fiscal year 1999, the Administrator shall 
transmit to the Congress a report containing a description of all Space 
Station-related agreements entered into by the United States with a 
foreign entity during the preceding fiscal year, along with--
            (1) a complete accounting of all costs and benefits to the 
        United States during that fiscal year pursuant to each such 
        agreement; and
            (2) an estimate of future costs and benefits to the United 
        States pursuant to each such agreement.

SEC. 7. REPORT ON INTERNATIONAL HARDWARE AGREEMENTS.

    Not later than 90 days 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--
            (1) agreements that have been reached with foreign entities 
        to transfer to a foreign entity the development and manufacture 
        of International Space Station hardware baselined to be 
        provided by the United States; and
            (2) the impact of those agreements on United States 
        operating costs and United States utilization shares of the 
        International Space Station.
At least 60 days before entering into any additional agreements of the 
type described in paragraph (1), the Administrator shall report to the 
Committee on Science of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate the nature of 
the proposed agreement and the anticipated cost, schedule, commercial, 
and utilization impacts of the proposed agreement.

SEC. 8. FOREIGN CONTRACT LIMITATION.

    The National Aeronautics and Space Administration shall not enter 
into any agreement or contract with a foreign government, for the 
provision by that government of goods and services, that grants the 
foreign government the right to recover profit in the event that the 
agreement or contract is terminated.
                                 <all>