§18342 Requirements Applicable to Development of Commercial Crew Transportation Capabilities and Services

Summary

The Administrator may not sign any contracts for follow-on commercial crew services during fiscal year 2011. The only exception is if the Administrator meets the rules listed below (paragraphs (b)(1), (b)(2), and (b)(3)) and the total amount for all such FY2011 contracts does not go over $50,000,000. Beginning in fiscal year 2012, the Administrator may support follow-on commercial crew systems only if six conditions are met. First, within 60 days after October 11, 2010, the Administrator must publish detailed human-rating processes and requirements that are at least as strict as proven requirements in use on October 11, 2010. Second, within 180 days after October 11, 2010, the Administrator must send Congress an assessment, done with the FAA’s Office of Commercial Space Transportation, of the non-government market for commercial crew and cargo services, including possible private use of the ISS. Third, the Administrator must review government procurement practices, identify cost-effective approaches (including risk management, indemnification, quality control, and safety oversight), give a written description and justification of the proposed procurement to the appropriate congressional committees before starting a competitive procurement, and have the Comptroller General assess that proposed process and report to those committees within 90 days after the Administrator provides the description. Fourth, any proposal must list what government people, technology, and infrastructure would be used and include full service requirements and costs, including crew rescue contingencies. Fifth, the Administrator must set flight demonstration milestones and minimum performance goals and require independent assurance of flight safety and readiness before U.S. government personnel serve as crew on a commercial launch vehicle. Sixth, commercial services for ISS crew must include crew rescue requirements; the Administrator must make relevant government-owned intellectual property from the multi-purpose crew vehicle available to commercial developers and seek licensing in vehicle contracts. If a contractor on the multi-purpose crew vehicle later wants to compete to provide the commercial crew rescue service, Congress must pass separate law before the Administrator can fund any changes to that vehicle for the ISS rescue role.