Pub. L. 106-391, tit. II, sec. 202
COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.
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. 114 STAT. 1588 (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 comprise5 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. 114 STAT. 1589In 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 the 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.