[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7062 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7062

 To authorize the Administrator of the National Aeronautics and Space 
      Administration to develop a plan to guarantee access to the 
          International Space Station, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2008

    Mr. Feeney (for himself, Mr. Pearce, and Mr. Weldon of Florida) 
 introduced the following bill; which was referred to the Committee on 
  Science and Technology, and in addition to the Committee on Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize the Administrator of the National Aeronautics and Space 
      Administration to develop a plan to guarantee access to 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Space Station Guaranteed Access Plan For Integrated Launch and Low 
Earth Rendezvous Act'' or the ``ISS GAP FILLER Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Authorization of appropriations.
                   TITLE II--SPACE SHUTTLE OPERATIONS

Sec. 201. Flight manifest.
Sec. 202. Authorization of Space Shuttle operations through fiscal year 
                            2012.
Sec. 203. Suspension of activities that would inhibit or preclude 
                            continued operation of the Space Shuttle 
                            through fiscal year 2012.
Sec. 204. Shuttle recertification.
      TITLE III--ALTERNATIVE ACCESS TO INTERNATIONAL SPACE STATION

Sec. 301. Sense of Congress.
Sec. 302. Domestic crewed vehicle demonstration.
Sec. 303. Human rating requirements.
Sec. 304. International crewed vehicle initiative.
Sec. 305. ISS crew transfer and crew rescue capability.
Sec. 306. Commercial space launch range study.
Sec. 307. Orion Crew Exploration Vehicle use.
Sec. 308. Exploration crew rescue.
 TITLE IV--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH 
                    THE INTERNATIONAL SPACE STATION

Sec. 401. Authorization of extraordinary payments.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States has been the preeminent leader in 
        human spaceflight for nearly 50 years. Under NASA's leadership, 
        this Nation has engaged many countries, including former 
        adversaries, in a series of peaceful space missions that have 
        contributed to mutual trust and understanding that continue to 
        this day.
            (2) The planning and development of the International Space 
        Station is the culmination of many of these collaborations, 
        bringing together through NASA's leadership a number of foreign 
        partners to invest and participate in its construction and 
        operation. It is the most technologically challenging and 
        complex project ever undertaken. The United States has been the 
        largest contributor, having invested approximately 
        $100,000,000,000 developing, building, and transporting 
        components of the International Space Station to orbit.
            (3) Based on previous agreements signed in 1998 between 
        NASA and the Russian Space Agency ROSCOSMOS, the United States 
        is obligated to provide crew rescue capability for 4 space 
        station crew members at all times. With the space station crew 
        size currently limited to 3, the United States is fulfilling 
        its space station emergency crew rescue obligation by paying 
        Russia for those capabilities using the 3-person Soyuz 
        capsules, which are the only manned spacecraft capable of 
        remaining on-orbit for up to 6 months at a time.
            (4) In January 2004, the President directed NASA to honor 
        our international commitments to complete the assembly of the 
        International Space Station and retire the Space Shuttle by 
        2010, as recommended by the Columbia Accident Investigation 
        Board. The directive also called for the development of a new 
        system to enable astronauts to travel beyond low Earth orbit. 
        This system, the Constellation System, consisting of the Orion 
        crew exploration vehicle and Ares launch vehicle, would also be 
        capable of traveling to the International Space Station but 
        would not be available until 4 years after the projected 
        retirement of the Space Shuttle. This plan was ratified by 
        Congress in the National Aeronautics and Space Administration 
        Authorization Act of 2005 (Public Law 109-155).
            (5) Congress reaffirms the goals of the United States 
        Vision for Space Exploration to return to the Moon as a first 
        step to further exploration of the solar system. In order to 
        accomplish these goals, it is imperative to develop the Ares V 
        launch system, giving the United States the heavy lift 
        capability to return humans to the Moon, and to places beyond.
            (6) The plan also called for NASA to rely on Russia to fly 
        United States astronauts to the International Space Station 
        during the gap between Shuttle retirement and the initial 
        operational capability of the new Constellation system. In 
        addition to buying Soyuz vehicles from Russia to fulfill the 
        U.S. crew rescue obligation, NASA plans to buy Soyuz launch 
        services from Russia at a cost that has not yet been negotiated 
        but is expected to exceed $1,000,000,000.
            (7) One of the guiding principles articulated in National 
        Security Presidential Directive 49, United States National 
        Space Policy, states, ``The United States considers space 
        capabilities--including the ground and space segments and 
        supporting links--vital to its national interests. Consistent 
        with this policy, the United States will preserve its rights, 
        capabilities, and freedom of action in space; dissuade or deter 
        others from either impeding those rights or developing 
        capabilities intended to do so; take those actions necessary to 
        protect its space capabilities; respond to interference; and 
        deny, if necessary, adversaries the use of space capabilities 
        hostile to U.S. national interests.''
            (8) In order to make purchases from Russia, NASA has been 
        granted an exception, through the year 2011, to the Iran, North 
        Korea, and Syria Nonproliferation Act (Public Law 106-178). 
        Since there is roughly a 3-year lead time to build Soyuz 
        vehicles, NASA is concerned that unless the 110th Congress 
        extends the exception, NASA faces a lack of Soyuz capabilities 
        beginning in 2012, which effectively ends United States access 
        to the International Space Station.
            (9) The International Space Station is nearing completion, 
        with remaining missions scheduled to be concluded by summer 
        2010. The Station's crew size will increase to 6, enabling the 
        full utilization of its laboratories and research facilities in 
        a micro-gravity environment for the decade to come. Routine and 
        assured access to the Station is critical if we are to 
        capitalize on our investment.
            (10) Other nations are now investing heavily to develop 
        manned spaceflight and robotic capabilities. During the gap 
        following retirement of the Space Shuttle, these nations are 
        expected to enhance their space capabilities, jeopardizing our 
        Nation's preeminence and our ability to influence other space-
        faring nations, contrary to the national policy (National 
        Security Presidential Directive 49). United States influence in 
        world affairs and our ability to shape future peaceful uses in 
        space will be imperiled.
            (11) Congress believes it is imperative that NASA reduce 
        our Nation's dependence on foreign launch providers to access 
        the International Space Station. While some lapse in United 
        States manned spaceflight capabilities is tolerable, the gap 
        has expanded to 5 years, and if development problems are 
        encountered, the gap will continue to grow. A 5-year or more 
        gap is too long to rely on other nations to access the 
        International Space Station, the bulk of which we have 
        provided.
            (12) Without assured access, the United States may have to 
        abandon the International Space Station until the Constellation 
        system is operational, giving other nations exclusive access to 
        a laboratory largely built with United States technology and 
        funding. That situation is unacceptable. Clearly, a new 
        approach is needed, and this Act is a first step in a new 
        direction.
            (13) Extending Space Shuttle operations for 2 additional 
        years will reduce the gap and allow the United States to 
        evaluate the capabilities of emerging space-faring nations. 
        Based on their technological progress and their policies and 
        programs, future United States policymakers will decide whether 
        it is appropriate to continue funding the Space Shuttle.
            (14) The cost of extending Space Shuttle operations shall 
        be funded by additional appropriations to NASA. It is contrary 
        to Congress' intent that extended Space Shuttle operations will 
        be funded by cutting Constellation development or by reducing 
        NASA's science and aeronautics research programs.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.
            (2) ISS.--The term ``ISS'' means the International Space 
        Station.
            (3) NASA.--The term ``NASA'' means the National Aeronautics 
        and Space Administration.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts otherwise authorized for 
NASA, there are authorized to be appropriated to the Administrator to 
remain available until expended--
            (1) for fiscal year 2010 for Space Shuttle operations, 
        $3,333,700,000, of which--
                    (A) $300,000,000 shall be for an additional Space 
                Shuttle flight to deliver the Alpha Magnetic 
                Spectrometer to the International Space Station; and
                    (B) $50,000,000 shall be to augment funding for 
                Space Operations Mission Directorate program reserves 
                and Shuttle Transition and Retirement activities;
            (2) for fiscal year 2010 for Exploration Systems Mission 
        Directorate, $2,000,000,000 to be used to accelerate the 
        initial operating capability of the Orion Crew Exploration 
        Vehicle and the Ares I Crew Launch Vehicle and associated 
        ground support systems;
            (3) for fiscal year 2011 for Space Shuttle operations, 
        $3,094,400,000, of which $50,000,000 shall be to augment 
        funding for Space Operations Mission Directorate program 
        reserves and Shuttle Transition and Retirement activities; and
            (4) for fiscal year 2012 for Space Shuttle operations, 
        $3,156,000,000, of which $50,000,000 shall be to augment 
        funding for Space Operations Mission Directorate program 
        reserves and Shuttle Transition and Retirement activities.
    (b) Intent of Congress.--It is the intent of Congress that amounts 
authorized to be appropriated in subsection (a) shall be in addition 
to, and shall not supplant, amounts appropriated for NASA's other 
mission directorates.

                   TITLE II--SPACE SHUTTLE OPERATIONS

SEC. 201. FLIGHT MANIFEST.

    (a) Baseline Manifest.--In addition to the Space Shuttle flights 
listed as part of the baseline flight manifest as of January 1, 2008, 
the Utilization flights ULF-4 and ULF-5 shall be considered part of the 
Space Shuttle baseline flight manifest to ensure adequate logistics and 
on-orbit spares are available to the International Space Station.
    (b) Additional Flight To Deliver the Alpha Magnetic Spectrometer to 
the ISS.--In addition to the flying of the baseline manifest described 
in subsection (a), the Administrator shall take all necessary steps to 
fly 1 additional Space Shuttle flight to deliver the Alpha Magnetic 
Spectrometer to the International Space Station.

SEC. 202. AUTHORIZATION OF SPACE SHUTTLE OPERATIONS THROUGH FISCAL YEAR 
              2012.

    (a) Authorization.--NASA is authorized--
            (1) to continue Space Shuttle operations through fiscal 
        year 2012; and
            (2) to maintain the capability to safely fly at least 2 
        Space Shuttle missions per year through fiscal year 2012.
    (b) Report to Congress.--Not later than 90 days after the date of 
enactment of this Act, the Administrator shall transmit to the 
Committee on Science and Technology of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
the complete results of the Shuttle Extension Study. The study shall 
include an analysis of the actions necessary, and the anticipated 
costs, to continue safely operating the Space Shuttle through fiscal 
year 2012.

SEC. 203. SUSPENSION OF ACTIVITIES THAT WOULD INHIBIT OR PRECLUDE 
              CONTINUED OPERATION OF THE SPACE SHUTTLE THROUGH FISCAL 
              YEAR 2012.

    The Administrator shall suspend any activity of NASA that, if 
continued, would inhibit or preclude the continued safe and effective 
operation of the Space Shuttle through fiscal year 2012.

SEC. 204. SHUTTLE RECERTIFICATION.

    Not later than 6 months after the date of enactment of this Act, 
the Administrator shall transmit to the Committee on Science and 
Technology of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a complete 
assessment of the actions that have been taken and are planned to be 
taken to fully comply with the intent of the recertification 
recommendation of the Columbia Accident Investigation Board. The report 
shall include an analysis of the actions necessary and the anticipated 
costs to comply with the recertification requirements of the Space 
Shuttle or a rationale for waiving those requirements through fiscal 
year 2012.

      TITLE III--ALTERNATIVE ACCESS TO INTERNATIONAL SPACE STATION

SEC. 301. SENSE OF CONGRESS.

    It is the sense of the Congress that sole dependence on a foreign 
country for human access to space and to the International Space 
Station fails to ensure our freedom of action in space, fails to 
protect our space capabilities, and fails to safeguard our 
approximately $100,000,000,000 investment in the International Space 
Station. Furthermore, such total dependence on a foreign country 
diminishes our influence with other space-faring nations.

SEC. 302. DOMESTIC CREWED VEHICLE DEMONSTRATION.

    (a) In General.--Not later than 3 months after the date of 
enactment of this Act, the Administrator shall issue a notice of intent 
and solicit proposals to enter into a funded, competitively awarded 
Space Act Agreement with 2 or more commercial entities for a crewed 
vehicle demonstration.
    (b) Goal of Crewed Vehicle Demonstration.--The goal of the crewed 
vehicle demonstration is the design, development, and rapid prototyping 
of a capsule and associated crew escape system capable of carrying at 
least 2 astronauts to, and docking with, the International Space 
Station and returning such astronauts safely to Earth. Such a system 
must be capable of being carried to the ISS using existing United 
States launch vehicles, such as Evolved Expendable Launch Vehicle-class 
vehicles, or existing European Space Agency launch vehicles, such as 
the Ariane 5.

SEC. 303. HUMAN RATING REQUIREMENTS.

    Not later than 6 months after the date of enactment of this Act, 
the Administrator, in consultation with other agencies as appropriate, 
shall transmit to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a comprehensive evaluation of the actions 
necessary, and the estimated costs, to human-rate Evolved Expendable 
Launch Vehicles. The report shall include a plan to accomplish 
upgrading Evolved Expendable Launch Vehicles to enable human missions.

SEC. 304. INTERNATIONAL CREWED VEHICLE INITIATIVE.

    (a) Findings.--Congress finds the following:
            (1) The European Space Agency (ESA) has been a long-time 
        friend and ally of the United States in both manned and 
        unmanned space ventures.
            (2) ESA has demonstrated impressive capabilities with the 
        Columbus orbital laboratory module, the Ariane launch vehicle, 
        and the Automated Transfer Vehicle, which has successfully 
        demonstrated the ability to rendezvous and dock with the 
        International Space Station.
            (3) Recent proposals have been under review to develop a 
        European manned space transportation capability based on the 
        Automated Transfer Vehicle.
            (4) If such a transportation capability could be developed, 
        it might offer another alternative for crewed access to the 
        International Space Station, thereby improving the safety and 
        redundancy for the overall human-rated Earth-to-orbit 
        transportation system.
    (b) Initiate Discussions.--Immediately after the date of enactment 
of this Act, the Administrator shall initiate discussions with the 
appropriate representatives of the European Space Agency to determine 
the feasibility of jointly developing a human-rated space 
transportation system based on the Automated Transfer Vehicle and 
whether such system could be developed on an accelerated schedule to 
provide a backup capability to the Russian Soyuz.

SEC. 305. ISS CREW TRANSFER AND CREW RESCUE CAPABILITY.

    (a) Evaluation of Options.--In order to stimulate and enable the 
rapid design, development, and prototyping of a means of providing crew 
transfer and crew rescue services for the International Space Station, 
the Administrator shall evaluate and compare--
            (1) the proposals submitted under section 302 for 
        commercial crewed vehicle demonstrations and the feasibility of 
        upgrading Evolved Expendable Launch Vehicles to enable human 
        missions as described in section 303; and
            (2) the feasibility of developing an Automated Transfer 
        Vehicle-based crew transfer and crew rescue capability with the 
        European Space Agency under section 304.
    (b) Report of Evaluation.--Not later than 6 months after the date 
of enactment of this Act, the Administrator, in consultation with other 
agencies, shall--
            (1) select the course of action, based on the evaluation 
        under subsection (a), that will best provide safe and effective 
        crew transfer and crew rescue services for the International 
        Space Station; and
            (2) transmit to the Committee on Science and Technology of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report describing 
        the evaluation and comparison under subsection (a) and the 
        rationale for the selection made in paragraph (1), including 
        the decision-making criteria used by the Administrator.
    (c) Contracting Authority.--On the 30th day after the report 
required by subsection (b)(2) has been transmitted, the Administrator 
shall have the authority to enter into contracts and take any other 
actions necessary to further the course of action selected under 
subsection (b)(1).
    (d) Crew Transfer and Crew Rescue Services Contract.--
            (1) In general.--If the Administrator selects the 
        commercial crewed vehicle demonstration option and if a 
        commercial provider demonstrates the capability to provide 
        International Space Station crew transfer and crew rescue 
        services and to satisfy NASA ascent, reentry, and International 
        Space Station proximity operations safety requirements, NASA 
        shall enter into a contract with that commercial provider for a 
        portion of NASA's anticipated International Space Station crew 
        transfer and crew rescue requirements from the time the 
        commercial provider commences operations under contract with 
        NASA through calendar year 2016, with an option to extend the 
        period of performance through calendar year 2020.
            (2) Intent of congress.--To the extent that the 
        Administrator selects the commercial crewed vehicle 
        demonstration option, it is the intent of Congress that the 
        Administrator shall, to the maximum extent practicable--
                    (A) facilitate the transfer of NASA-developed 
                technologies to potential United States commercial crew 
                transfer and rescue service providers, consistent with 
                United States law; and
                    (B) make use of United States commercially provided 
                International Space Station crew transfer and crew 
                rescue services, if those commercial services have 
                demonstrated the capability to meet NASA-specified 
                ascent, reentry, and International Space Station 
                proximity operations safety requirements.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Administrator for the program described in this section--
                    (A) $100,000,000 for fiscal year 2010;
                    (B) $175,000,000 for fiscal year 2011; and
                    (C) $300,000,000 for fiscal year 2012.
            (2) Specifications.--The amounts authorized in paragraph 
        (1) are to remain available until expended and are in addition 
        to amounts authorized to be appropriated under title I.
    (f) Additional Technologies Authorization of Appropriations.--There 
are authorized to be appropriated to the Administrator for fiscal year 
2011 $50,000,000, to remain available until expended, for the provision 
of International Space Station-compatible docking adaptors and other 
relevant technologies to the entity that successfully demonstrates the 
commercial crewed vehicle capability.

SEC. 306. COMMERCIAL SPACE LAUNCH RANGE STUDY.

    (a) Study by Interagency Committee.--The Director of the Office of 
Science and Technology Policy shall work with other appropriate Federal 
agencies to establish an interagency committee to conduct a study to--
            (1) identify the issues and challenges associated with 
        establishing a space launch range and facilities that are fully 
        dedicated to commercial space missions in close proximity to 
        Federal launch ranges or other Federal facilities; and
            (2) develop a coordinating mechanism such that States 
        seeking to establish such commercial space launch ranges will 
        be able to effectively and efficiently interface with the 
        Federal Government concerning issues related to the 
        establishment of such commercial launch ranges in close 
        proximity to Federal launch ranges or other Federal facilities.
    (b) Report.--The Director shall, not later than May 31, 2010, 
submit to the Committee on Science and Technology 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 subsection (a).

SEC. 307. ORION CREW EXPLORATION VEHICLE USE.

    In order to efficiently utilize the advanced capabilities of the 
Orion Crew Exploration Vehicle, NASA shall restrict the use of the 
Orion Crew Exploration Vehicle to only those missions carrying 
astronauts beyond low Earth orbit, to the maximum extent practicable.

SEC. 308. EXPLORATION CREW RESCUE.

    In order to maximize the ability to rescue astronauts whose space 
vehicles have become disabled, the Administrator shall enter into 
discussions with the appropriate representatives of space-faring 
nations who have or plan to have crew transportation systems capable of 
orbital flight or flight beyond low Earth orbit for the purpose of 
agreeing on a common docking system standard that is not proprietary to 
any one country or manufacturer.

 TITLE IV--AUTHORIZATION OF EXTRAORDINARY PAYMENTS IN CONNECTION WITH 
                    THE INTERNATIONAL SPACE STATION

SEC. 401. AUTHORIZATION OF EXTRAORDINARY PAYMENTS.

    (a) Authorization.--Notwithstanding the restrictions contained in 
section 6 of the Iran, North Korea, and Syria Nonproliferation Act 
(Public Law 106-178), the President is authorized to make extraordinary 
payments in connection with the International Space Station to the 
Russian Federal Space Agency, or any organization or entity under the 
jurisdiction or control of the Russian Federal Space Agency, for 
equipment and services related to transportation to and from, rescue 
from, and provision, maintenance, and operation of, the International 
Space Station.
    (b) Limitations.--The authority under subsection (a)--
            (1) shall be limited to payments for services provided 
        before July 1, 2016; and
            (2) may not be used for the purchase of--
                    (A) any cargo services provided by a Progress 
                vehicle after December 31, 2011; or
                    (B) any crew transportation or rescue services 
                provided by a Soyuz vehicle after a United States 
                commercial provider of crew transportation and rescue 
                services demonstrates the capability to meet mission 
                requirements of the International Space Station.
                                 <all>