Editor's note: Hearings will be held in Room 2172, Rayburn House Office Building on Thursday, 12 October 2000 at 10:00 A.M.

These hearings were called at the last minute after NASA declined to provide House and Senate staffers with a briefing regarding a planned purchase of goods and services from Russia. According to Congressional sources, NASA has informed House and Senate staff that NASA intends to purchase $21 Million in goods and services from Russia. NASA has also informed Congress that the State Department has not issued two expected notices on Russian compliance and that it will not be able to certify Russian compliance with the provisions of the Iran Nonproliferation Act of 2000 for the purpose of this planned purchase from Russia.

According to comments made by NASA General Counsel Ed Frankel to House and Senate staff, Frankel said that NASA has interpreted one clause in the Iran Nonproliferation Act having to do with crew safety that would allow the transfer to go ahead. This clause would allow such a transfer to proceed without a certification by the Administration that Russia is in compliance if the President would certify that there is an imminent threat to human safety on the International Space Station. Frankel told staffers that it was his interpretation that such a condition would indeed exist regardless of whether or not there is a crew aboard and that the goods and services to be purchased would reduce this risk.

Somewhat "spirited" hearings are expected.

"Here in the House, I joined with our distinguished Ranking Democratic Member, Mr. Gejdenson, and the distinguished Chairman of our Committee on Science, Mr. Sensenbrenner, to introduce the Iran Nonproliferation Act. The lead Senate sponsors of the measure included not only the distinguished Majority Leader, Mr. Lott, but also the man that Vice President Gore has chosen as his running mate, the junior Senator from Connecticut, Mr. Lieberman. "The Clinton Administration did not like our legislation. In fact, they threatened in writing to veto it. But we were not deterred. The Gilman/Gejdenson/Lott/Lieberman bill passed the House unanimously, and then it passed the Senate unanimously, and in the end President Clinton signed it into law on March 14th of this year. "Since that time, a remarkable thing has happened. The Clinton Administration has gone about its business as if the law did not exist. "

"SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.

(f ) Exception for Crew Safety.--
(1) Exception.--The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency if the President has notified the Congress in writing that such payments are necessary to prevent the imminent loss of life by or grievous injury to individuals aboard the International Space Station.

(2) Report.--Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall submit to Congress a report describing--

(A) the extent to which the provisions of subsection (b) had been met as of the date of notification; and
(B) the measures that the National Aeronautics and Space Administration is taking to ensure that--

(i) the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and

(ii) it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station."

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