To enact certain laws relating to national and commercial space programs as title 51, United States Code, "National and Commercial Space Programs".

        [Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Enrolled Bill (ENR)]

H.R.3237

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten

An Act

To enact certain laws relating to national and commercial space programs
as title 51, United States Code, ``National and Commercial Space
Programs''.

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

SECTION 1. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1.  Table of contents.
Sec. 2.  Purpose; conformity with original intent.
Sec. 3.  Enactment of title 51, United States Code.
Sec. 4.  Conforming amendments to other laws.
Sec. 5.  Transitional and savings provisions.
Sec. 6.  Repeals.

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT.

(a) Purpose.--The purpose of this Act is to codify certain existing
laws related to national and commercial space programs as a positive
law title of the United States Code.
(b) Conformity With Original Intent.--In the codification of laws by
this Act, the intent is to conform to the understood policy, intent,
and purpose of Congress in the original enactments, with such
amendments and corrections as will remove ambiguities, contradictions,
and other imperfections, in accordance with section 205(c)(1) of House
Resolution No. 988, 93d Congress, as enacted into law by Public Law 93-
554 (2 U.S.C. 285b(1)).

SEC. 3. ENACTMENT OF TITLE 51, UNITED STATES CODE.

Title 51, United States Code, ``National and Commercial Space
Programs'', is enacted as follows:

TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

Subtitle I--General

Chap.                                                               Sec.

Definitions........................................................10101

Subtitle II--General Program and Policy Provisions

National Aeronautics and Space Program.............................20101
Responsibilities and Vision........................................20301

Subtitle III--Administrative Provisions

Appropriations, Budgets, and Accounting............................30101
Contracting and Procurement........................................30301
Management and Review..............................................30501
International Cooperation and Competition..........................30701
Awards.............................................................30901
Safety.............................................................31101
Healthcare.........................................................31301
Miscellaneous......................................................31501

Subtitle IV--Aeronautics and Space Research and Education

Aeronautics........................................................40101
National Space Grant College and Fellowship Program................40301
Biomedical Research in Space.......................................40501
Environmentally Friendly Aircraft..................................40701
Miscellaneous......................................................40901

Subtitle V--Programs Targeting Commercial Opportunities

Space Commerce.....................................................50101
Commercial Reusable In-Space Transportation........................50301
Commercial Space Competitiveness...................................50501
Office of Space Commercialization..................................50701

Subtitle VI--Earth Observations

Land Remote Sensing Policy.........................................60101
Remote Sensing.....................................................60301
Earth Science......................................................60501

Subtitle VII--Access to Space

Use of Space Shuttle or Alternatives...............................70101
Shuttle Pricing Policy for Commercial and Foreign Users............70301
Exploration Initiatives............................................70501
Human Space Flight Independent Investigation Commission............70701
International Space Station........................................70901
Near-Earth Objects.................................................71101
Cooperation for Safety Among Spacefaring Nations...................71301

Subtitle I--General

CHAPTER 101--DEFINITIONS

Sec.
10101.  Definitions.

Sec. 10101. Definitions

In this title:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space Administration.

Subtitle II--General Program and Policy Provisions

CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM

SUBCHAPTER I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS

Sec.
20101.  Short title.
20102.  Congressional declaration of policy and purpose.
20103.  Definitions.

SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

20111.  National Aeronautics and Space Administration.
20112.  Functions of the Administration.
20113.  Powers of the Administration in performance of functions.
20114.  Administration and Department of Defense coordination.
20115.  International cooperation.
20116.  Reports to Congress.
20117.  Disposal of excess land.

SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS

20131.  Public access to information.
20132.  Security requirements.
20133.  Permission to carry firearms.
20134.  Arrest authority.
20135.  Property rights in inventions.
20136.  Contributions awards.
20137.  Malpractice and negligence suits against United States.
20138.  Insurance and indemnification.
20139.  Insurance for experimental aerospace vehicles.
20140.  Appropriations.
20141.  Misuse of agency name and initials.
20142.  Contracts regarding expendable launch vehicles.
20143.  Full cost appropriations account structure.
20144.  Prize authority.
20145.  Lease of non-excess property.
20146.  Retrocession of jurisdiction.
20147.  Recovery and disposition authority.

SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH

20161.  Congressional declaration of purpose and policy.
20162.  Definition of upper atmosphere.
20163.  Program authorized.
20164.  International cooperation.

SUBCHAPTER I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS

Sec. 20101. Short title

This chapter may be cited as the ``National Aeronautics and Space
Act''.

Sec. 20102. Congressional declaration of policy and purpose

(a) Devotion of Space Activities to Peaceful Purposes for Benefit of
All Humankind.--Congress declares that it is the policy of the United
States that activities in space should be devoted to peaceful purposes
for the benefit of all humankind.
(b) Aeronautical and Space Activities for Welfare and Security of
United States.--Congress declares that the general welfare and security
of the United States require that adequate provision be made for
aeronautical and space activities. Congress further declares that such
activities shall be the responsibility of, and shall be directed by, a
civilian agency exercising control over aeronautical and space
activities sponsored by the United States, except that activities
peculiar to or primarily associated with the development of weapons
systems, military operations, or the defense of the United States
(including the research and development necessary to make effective
provision for the defense of the United States) shall be the
responsibility of, and shall be directed by, the Department of Defense;
and that determination as to which agency has responsibility for and
direction of any such activity shall be made by the President.
(c) Commercial Use of Space.--Congress declares that the general
welfare of the United States requires that the Administration seek and
encourage, to the maximum extent possible, the fullest commercial use
of space.
(d) Objectives of Aeronautical and Space Activities.--The
aeronautical and space activities of the United States shall be
conducted so as to contribute materially to one or more of the
following objectives:
(1) The expansion of human knowledge of the Earth and of
phenomena in the atmosphere and space.
(2) The improvement of the usefulness, performance, speed,
safety, and efficiency of aeronautical and space vehicles.
(3) The development and operation of vehicles capable of carrying
instruments, equipment, supplies, and living organisms through
space.
(4) The establishment of long-range studies of the potential
benefits to be gained from, the opportunities for, and the problems
involved in the utilization of aeronautical and space activities
for peaceful and scientific purposes.
(5) The preservation of the role of the United States as a leader
in aeronautical and space science and technology and in the
application thereof to the conduct of peaceful activities within
and outside the atmosphere.
(6) The making available to agencies directly concerned with
national defense of discoveries that have military value or
significance, and the furnishing by such agencies, to the civilian
agency established to direct and control nonmilitary aeronautical
and space activities, of information as to discoveries which have
value or significance to that agency.
(7) Cooperation by the United States with other nations and
groups of nations in work done pursuant to this chapter and in the
peaceful application of the results thereof.
(8) The most effective utilization of the scientific and
engineering resources of the United States, with close cooperation
among all interested agencies of the United States in order to
avoid unnecessary duplication of effort, facilities, and equipment.
(9) The preservation of the United States preeminent position in
aeronautics and space through research and technology development
related to associated manufacturing processes.
(e) Ground Propulsion Systems Research and Development.--Congress
declares that the general welfare of the United States requires that
the unique competence in scientific and engineering systems of the
Administration also be directed toward ground propulsion systems
research and development. Such development shall be conducted so as to
contribute to the objectives of developing energy and petroleum-
conserving ground propulsion systems, and of minimizing the
environmental degradation caused by such systems.
(f) Bioengineering Research, Development, and Demonstration
Programs.--Congress declares that the general welfare of the United
States requires that the unique competence of the Administration in
science and engineering systems be directed to assisting in
bioengineering research, development, and demonstration programs
designed to alleviate and minimize the effects of disability.
(g) Warning and Mitigation of Potential Hazards of Near-Earth
Objects.--Congress declares that the general welfare and security of
the United States require that the unique competence of the
Administration be directed to detecting, tracking, cataloguing, and
characterizing near-Earth asteroids and comets in order to provide
warning and mitigation of the potential hazard of such near-Earth
objects to the Earth.
(h) Purpose of Chapter.--It is the purpose of this chapter to carry
out and effectuate the policies declared in subsections (a) to (g).

Sec. 20103. Definitions

In this chapter:
(1) Aeronautical and space activities.--The term ``aeronautical
and space activities'' means--
(A) research into, and the solution of, problems of flight
within and outside the Earth's atmosphere;
(B) the development, construction, testing, and operation for
research purposes of aeronautical and space vehicles;
(C) the operation of a space transportation system including
the space shuttle, upper stages, space platforms, and related
equipment; and
(D) such other activities as may be required for the
exploration of space.
(2) Aeronautical and space vehicles.--The term ``aeronautical and
space vehicles'' means aircraft, missiles, satellites, and other
space vehicles, manned and unmanned, together with related
equipment, devices, components, and parts.

SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

Sec. 20111. National Aeronautics and Space Administration

(a) Establishment and Appointment of Administrator.--There is
established the National Aeronautics and Space Administration. The
Administration shall be headed by an Administrator, who shall be
appointed from civilian life by the President by and with the advice
and consent of the Senate. Under the supervision and direction of the
President, the Administrator shall be responsible for the exercise of
all powers and the discharge of all duties of the Administration and
shall have authority and control over all personnel and activities
thereof.
(b) Deputy Administrator.--There shall be in the Administration a
Deputy Administrator, who shall be appointed from civilian life by the
President by and with the advice and consent of the Senate. The Deputy
Administrator shall perform such duties and exercise such powers as the
Administrator may prescribe. The Deputy Administrator shall act for,
and exercise the powers of, the Administrator during the
Administrator's absence or disability.
(c) Restriction on Other Business or Employment.--The Administrator
and the Deputy Administrator shall not engage in any other business,
vocation, or employment while serving as such.

Sec. 20112. Functions of the Administration

(a) Planning, Directing, and Conducting Aeronautical and Space
Activities.--The Administration, in order to carry out the purpose of
this chapter, shall--
(1) plan, direct, and conduct aeronautical and space activities;
(2) arrange for participation by the scientific community in
planning scientific measurements and observations to be made
through use of aeronautical and space vehicles, and conduct or
arrange for the conduct of such measurements and observations;
(3) provide for the widest practicable and appropriate
dissemination of information concerning its activities and the
results thereof;
(4) seek and encourage, to the maximum extent possible, the
fullest commercial use of space; and
(5) encourage and provide for Federal Government use of
commercially provided space services and hardware, consistent with
the requirements of the Federal Government.
(b) Research and Development in Certain Technologies.--
(1) Ground propulsion technologies.--The Administration shall, to
the extent of appropriated funds, initiate, support, and carry out
such research, development, demonstration, and other related
activities in ground propulsion technologies as are provided for in
sections 4 to 10 of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976 (15 U.S.C. 2503 to
2509).
(2) Solar heating and cooling technologies.--The Administration
shall initiate, support, and carry out such research, development,
demonstrations, and other related activities in solar heating and
cooling technologies (to the extent that funds are appropriated
therefor) as are provided for in sections 5, 6, and 9 of the Solar
Heating and Cooling Demonstration Act of 1974 (42 U.S.C. 5503,
5504, 5507).

Sec. 20113. Powers of the Administration in performance of functions

(a) Rules and Regulations.--In the performance of its functions, the
Administration is authorized to make, promulgate, issue, rescind, and
amend rules and regulations governing the manner of its operations and
the exercise of the powers vested in it by law.
(b) Officers and Employees.--In the performance of its functions, the
Administration is authorized to appoint and fix the compensation of
officers and employees as may be necessary to carry out such functions.
The officers and employees shall be appointed in accordance with the
civil service laws and their compensation fixed in accordance with
chapter 51 and subchapter III of chapter 53 of title 5, except that--
(1) to the extent the Administrator deems such action necessary
to the discharge of the Administrator's responsibilities, the
Administrator may appoint not more than 425 of the scientific,
engineering, and administrative personnel of the Administration
without regard to such laws, and may fix the compensation of such
personnel not in excess of the rate of basic pay payable for level
III of the Executive Schedule; and
(2) to the extent the Administrator deems such action necessary
to recruit specially qualified scientific and engineering talent,
the Administrator may establish the entrance grade for scientific
and engineering personnel without previous service in the Federal
Government at a level up to 2 grades higher than the grade provided
for such personnel under the General Schedule, and fix their
compensation accordingly.
(c) Property.--In the performance of its functions, the
Administration is authorized--
(1) to acquire (by purchase, lease, condemnation, or otherwise),
construct, improve, repair, operate, and maintain laboratories,
research and testing sites and facilities, aeronautical and space
vehicles, quarters and related accommodations for employees and
dependents of employees of the Administration, and such other real
and personal property (including patents), or any interest therein,
as the Administration deems necessary within and outside the
continental United States;
(2) to acquire by lease or otherwise, through the Administrator
of General Services, buildings or parts of buildings in the
District of Columbia for the use of the Administration for a period
not to exceed 10 years without regard to section 8141 of title 40;
(3) to lease to others such real and personal property;
(4) to sell and otherwise dispose of real and personal property
(including patents and rights thereunder) in accordance with the
provisions of chapters 1 to 11 of title 40 and in accordance with
title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.); and
(5) to provide by contract or otherwise for cafeterias and other
necessary facilities for the welfare of employees of the
Administration at its installations and purchase and maintain
equipment therefor.
(d) Gifts.--In the performance of its functions, the Administration
is authorized to accept unconditional gifts or donations of services,
money, or property, real, personal, or mixed, tangible or intangible.
(e) Contracts, Leases, and Agreements.--In the performance of its
functions, the Administration is authorized, without regard to
subsections (a) and (b) of section 3324 of title 31, to enter into and
perform such contracts, leases, cooperative agreements, or other
transactions as may be necessary in the conduct of its work and on such
terms as it may deem appropriate, with any agency or instrumentality of
the United States, or with any State, territory, or possession, or with
any political subdivision thereof, or with any person, firm,
association, corporation, or educational institution. To the maximum
extent practicable and consistent with the accomplishment of the
purpose of this chapter, such contracts, leases, agreements, and other
transactions shall be allocated by the Administrator in a manner which
will enable small-business concerns to participate equitably and
proportionately in the conduct of the work of the Administration.
(f) Cooperation With Federal Agencies and Others.--In the performance
of its functions, the Administration is authorized to use, with their
consent, the services, equipment, personnel, and facilities of Federal
and other agencies with or without reimbursement, and on a similar
basis to cooperate with other public and private agencies and
instrumentalities in the use of services, equipment, and facilities.
Each department and agency of the Federal Government shall cooperate
fully with the Administration in making its services, equipment,
personnel, and facilities available to the Administration, and any such
department or agency is authorized, notwithstanding any other provision
of law, to transfer to or to receive from the Administration, without
reimbursement, aeronautical and space vehicles, and supplies and
equipment other than administrative supplies or equipment.
(g) Advisory Committees.--In the performance of its functions, the
Administration is authorized to appoint such advisory committees as may
be appropriate for purposes of consultation and advice to the
Administration.
(h) Offices and Procedures.--In the performance of its functions, the
Administration is authorized to establish within the Administration
such offices and procedures as may be appropriate to provide for the
greatest possible coordination of its activities under this chapter
with related scientific and other activities being carried on by other
public and private agencies and organizations.
(i) Temporary or Intermittent Services of Experts or Consultants.--In
the performance of its functions, the Administration is authorized to
obtain services as provided by section 3109 of title 5, but at rates
for individuals not to exceed the per diem rate equivalent to the
maximum rate payable under section 5376 of title 5.
(j) Aliens.--In the performance of its functions, the Administration
is authorized, when determined by the Administrator to be necessary,
and subject to such security investigations as the Administrator may
determine to be appropriate, to employ aliens without regard to
statutory provisions prohibiting payment of compensation to aliens.
(k) Concessions for Visitors' Facilities.--
(1) In general.--In the performance of its functions, the
Administration is authorized to provide by concession, without
regard to section 1302 of title 40, on such terms as the
Administrator may deem to be appropriate and necessary to protect
the concessioner against loss of the concessioner's investment in
property (but not anticipated profits) resulting from the
Administration's discretionary acts and decisions, for the
construction, maintenance, and operation of all manner of
facilities and equipment for visitors to the several installations
of the Administration and, in connection therewith, to provide
services incident to the dissemination of information concerning
its activities to such visitors, without charge or with a
reasonable charge therefor (with this authority being in addition
to any other authority that the Administration may have to provide
facilities, equipment, and services for visitors to its
installations).
(2) Public notice and due consideration of proposals.--A
concession agreement under this subsection may be negotiated with
any qualified proposer following due consideration of all proposals
received after reasonable public notice of the intention to
contract.
(3) Reasonable opportunity for profit.--The concessioner shall be
afforded a reasonable opportunity to make a profit commensurate
with the capital invested and the obligations assumed. The
consideration paid by the concessioner for the concession shall be
based on the probable value of the opportunity and not on
maximizing revenue to the United States.
(4) Records and access to records.--Each concession agreement
shall specify the manner in which the concessioner's records are to
be maintained, and shall provide for access to the records by the
Administration and the Comptroller General of the United States for
a period of 5 years after the close of the business year to which
the records relate.
(5) Possessory interests.--A concessioner may be accorded a
possessory interest, consisting of all incidents of ownership
except legal title (which shall vest in the United States), in any
structure, fixture, or improvement the concessioner constructs or
locates upon land owned by the United States. With the approval of
the Administration, such possessory interest may be assigned,
transferred, encumbered, or relinquished by the concessioner, and,
unless otherwise provided by contract, shall not be extinguished by
the expiration or other termination of the concession and may not
be taken for public use without just compensation.
(l) Detailing Members of Armed Services.--In the performance of its
functions, the Administration is authorized, with the approval of the
President, to enter into cooperative agreements under which members of
the Army, Navy, Air Force, and Marine Corps may be detailed by the
appropriate Secretary for services in the performance of functions
under this chapter to the same extent as that to which they might be
lawfully assigned in the Department of Defense.
(m) Claims Against the United States.--In the performance of its
functions, the Administration is authorized--
(1) to consider, ascertain, adjust, determine, settle, and pay,
on behalf of the United States, in full satisfaction thereof, any
claim for $25,000 or less against the United States for bodily
injury, death, or damage to or loss of real or personal property
resulting from the conduct of the Administration's functions as
specified in section 20112(a) of this title, where such claim is
presented to the Administration in writing within 2 years after the
accident or incident out of which the claim arises; and
(2) if the Administration considers that a claim in excess of
$25,000 is meritorious and would otherwise be covered by this
subsection, to report the facts and circumstances to Congress for
its consideration.

Sec. 20114. Administration and Department of Defense coordination

(a) Advise and Consult.--The Administration and the Department of
Defense, through the President, shall advise and consult with each
other on all matters within their respective jurisdictions related to
aeronautical and space activities and shall keep each other fully and
currently informed with respect to such activities.
(b) Referral to the President.--If the Secretary of Defense concludes
that any request, action, proposed action, or failure to act on the
part of the Administrator is adverse to the responsibilities of the
Department of Defense, or the Administrator concludes that any request,
action, proposed action, or failure to act on the part of the
Department of Defense is adverse to the responsibilities of the
Administration, and the Administrator and the Secretary of Defense are
unable to reach an agreement with respect to the matter, either the
Administrator or the Secretary of Defense may refer the matter to the
President for a decision (which shall be final).

Sec. 20115. International cooperation

The Administration, under the foreign policy guidance of the
President, may engage in a program of international cooperation in work
done pursuant to this chapter, and in the peaceful application of the
results thereof, pursuant to agreements made by the President with the
advice and consent of the Senate.

Sec. 20116. Reports to Congress

(a) Presidential Report.--The President shall transmit to Congress in
May of each year a report, which shall include--
(1) a comprehensive description of the programmed activities and
the accomplishments of all agencies of the United States in the
field of aeronautics and space activities during the preceding
fiscal year; and
(2) an evaluation of such activities and accomplishments in terms
of the attainment of, or the failure to attain, the objectives
described in section 20102(d) of this title.
(b) Recommendations for Additional Legislation.--Any report made
under this section shall contain such recommendations for additional
legislation as the Administrator or the President may consider
necessary or desirable for the attainment of the objectives described
in section 20102(d) of this title.
(c) Classified Information.--No information that has been classified
for reasons of national security shall be included in any report made
under this section, unless the information has been declassified by, or
pursuant to authorization given by, the President.

Sec. 20117. Disposal of excess land

Notwithstanding the provisions of this or any other law, the
Administration may not report to a disposal agency as excess to the
needs of the Administration any land having an estimated value in
excess of $50,000 that is owned by the United States and under the
jurisdiction and control of the Administration, unless--
(1) a period of 30 days has passed after the receipt by the
Speaker and the Committee on Science and Technology of the House of
Representatives and the President and the Committee on Commerce,
Science, and Transportation of the Senate of a report by the
Administrator or the Administrator's designee containing a full and
complete statement of the action proposed to be taken and the facts
and circumstances relied upon in support of such action; or
(2) each such committee before the expiration of that period has
transmitted to the Administrator written notice to the effect that
the committee has no objection to the proposed action.

SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS

Sec. 20131. Public access to information

(a) Public Inspection.--Information obtained or developed by the
Administrator in the performance of the Administrator's functions under
this chapter shall be made available for public inspection, except
information--
(1) authorized or required by Federal statute to be withheld;
(2) classified to protect the national security; or
(3) described in subsection (b).
(b) Special Handling of Trade Secret or Confidential Information.--
(1) In general.--The Administrator, for a period of up to 5 years
after the development of information described in paragraph (2),
may provide appropriate protections against the dissemination of
such information, including exemption from subchapter II of chapter
5 of title 5.
(2) Information described.--Information referred to in paragraph
(1) is information that results from activities conducted under an
agreement entered into under subsections (e) and (f) of section
20113 of this title, and that would be a trade secret or commercial
or financial information that is privileged or confidential under
the meaning of section 552(b)(4) of title 5 if the information had
been obtained from a non-Federal party participating in such an
agreement.
(c) Committees of Congress.--Nothing in this chapter authorizes the
withholding of information by the Administrator from the duly
authorized committees of Congress.

Sec. 20132. Security requirements

The Administrator shall establish such security requirements,
restrictions, and safeguards as the Administrator deems necessary in
the interest of the national security. The Administrator may arrange
with the Director of the Office of Personnel Management for the conduct
of such security or other personnel investigations of the
Administration's officers, employees, and consultants, and its
contractors and subcontractors and their officers and employees, actual
or prospective, as the Administrator deems appropriate. If any such
investigation develops any data reflecting that the individual who is
the subject of the investigation is of questionable loyalty, the matter
shall be referred to the Federal Bureau of Investigation for the
conduct of a full field investigation, the results of which shall be
furnished to the Administrator.

Sec. 20133. Permission to carry firearms

As the Administrator deems necessary in the public interest, the
Administrator may--
(1) direct officers and employees of the Administration to carry
firearms while in the conduct of their official duties; and
(2) authorize employees of contractors and subcontractors of the
Administration who are engaged in the protection of property owned
by the United States, and located at facilities owned by or
contracted to the United States, to carry firearms while in the
conduct of their official duties.

Sec. 20134. Arrest authority

Under regulations prescribed by the Administrator and approved by the
Attorney General, employees of the Administration and of its
contractors and subcontractors authorized to carry firearms under
section 20133 of this title may arrest without warrant for any offense
against the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they have
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony. Persons granted authority to
make arrests by this section may exercise that authority only while
guarding and protecting property owned or leased by, or under the
control of, the United States under the administration and control of
the Administration or one of its contractors or subcontractors, at
facilities owned by or contracted to the Administration.

Sec. 20135. Property rights in inventions

(a) Definitions.--In this section:
(1) Contract.--The term ``contract'' means any actual or proposed
contract, agreement, understanding, or other arrangement, and
includes any assignment, substitution of parties, or subcontract
executed or entered into thereunder.
(2) Made.--The term ``made'', when used in relation to any
invention, means the conception or first actual reduction to
practice of such invention.
(3) Person.--The term ``person'' means any individual,
partnership, corporation, association, institution, or other
entity.
(b) Exclusive Property of United States.--
(1) In general.--An invention shall be the exclusive property of
the United States if it is made in the performance of any work
under any contract of the Administration, and the Administrator
determines that--
(A) the person who made the invention was employed or
assigned to perform research, development, or exploration work
and the invention is related to the work the person was
employed or assigned to perform, or was within the scope of the
person's employment duties, whether or not it was made during
working hours, or with a contribution by the Government of the
use of Government facilities, equipment, materials, allocated
funds, information proprietary to the Government, or services
of Government employees during working hours; or
(B) the person who made the invention was not employed or
assigned to perform research, development, or exploration work,
but the invention is nevertheless related to the contract, or
to the work or duties the person was employed or assigned to
perform, and was made during working hours, or with a
contribution from the Government of the sort referred to in
subparagraph (A).
(2) Patent to united states.--If an invention is the exclusive
property of the United States under paragraph (1), and if such
invention is patentable, a patent therefor shall be issued to the
United States upon application made by the Administrator, unless
the Administrator waives all or any part of the rights of the
United States to such invention in conformity with the provisions
of subsection (g).
(c) Contract Provisions for Furnishing Reports of Inventions,
Discoveries, Improvements, or Innovations.--Each contract entered into
by the Administrator with any party for the performance of any work
shall contain effective provisions under which the party shall furnish
promptly to the Administrator a written report containing full and
complete technical information concerning any invention, discovery,
improvement, or innovation which may be made in the performance of any
such work.
(d) Patent Application.--No patent may be issued to any applicant
other than the Administrator for any invention which appears to the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office (hereafter in this
section referred to as the ``Director'') to have significant utility in
the conduct of aeronautical and space activities unless the applicant
files with the Director, with the application or within 30 days after
request therefor by the Director, a written statement executed under
oath setting forth the full facts concerning the circumstances under
which the invention was made and stating the relationship (if any) of
the invention to the performance of any work under any contract of the
Administration. Copies of each such statement and the application to
which it relates shall be transmitted forthwith by the Director to the
Administrator.
(e) Issuance of Patent to Applicant.--Upon any application as to
which any such statement has been transmitted to the Administrator, the
Director may, if the invention is patentable, issue a patent to the
applicant unless the Administrator, within 90 days after receipt of the
application and statement, requests that the patent be issued to the
Administrator on behalf of the United States. If, within such time, the
Administrator files such a request with the Director, the Director
shall transmit notice thereof to the applicant, and shall issue such
patent to the Administrator unless the applicant within 30 days after
receipt of the notice requests a hearing before the Board of Patent
Appeals and Interferences on the question whether the Administrator is
entitled under this section to receive the patent. The Board may hear
and determine, in accordance with rules and procedures established for
interference cases, the question so presented, and its determination
shall be subject to appeal by the applicant or by the Administrator to
the United States Court of Appeals for the Federal Circuit in
accordance with procedures governing appeals from decisions of the
Board of Patent Appeals and Interferences in other proceedings.
(f) Subsequent Transfer of Patent in Case of False Representations.--
Whenever a patent has been issued to an applicant in conformity with
subsection (e), and the Administrator thereafter has reason to believe
that the statement filed by the applicant in connection with the patent
contained a false representation of a material fact, the Administrator,
within 5 years after the date of issuance of the patent, may file with
the Director a request for the transfer to the Administrator of title
to the patent on the records of the Director. Notice of any such
request shall be transmitted by the Director to the owner of record of
the patent, and title to the patent shall be so transferred to the
Administrator unless, within 30 days after receipt of notice, the owner
of record requests a hearing before the Board of Patent Appeals and
Interferences on the question whether any such false representation was
contained in the statement filed in connection with the patent. The
question shall be heard and determined, and the determination shall be
subject to review, in the manner prescribed by subsection (e) for
questions arising thereunder. A request made by the Administrator under
this subsection for the transfer of title to a patent, and prosecution
for the violation of any criminal statute, shall not be barred by the
failure of the Administrator to make a request under subsection (e) for
the issuance of the patent to the Administrator, or by any notice
previously given by the Administrator stating that the Administrator
had no objection to the issuance of the patent to the applicant.
(g) Waiver of Rights to Inventions.--Under such regulations in
conformity with this subsection as the Administrator shall prescribe,
the Administrator may waive all or any part of the rights of the United
States under this section with respect to any invention or class of
inventions made or which may be made by any person or class of persons
in the performance of any work required by any contract of the
Administration if the Administrator determines that the interests of
the United States will be served thereby. Any such waiver may be made
upon such terms and under such conditions as the Administrator shall
determine to be required for the protection of the interests of the
United States. Each such waiver made with respect to any invention
shall be subject to the reservation by the Administrator of an
irrevocable, nonexclusive, nontransferable, royalty-free license for
the practice of such invention throughout the world by or on behalf of
the United States or any foreign government pursuant to any treaty or
agreement with the United States. Each proposal for any waiver under
this subsection shall be referred to an Inventions and Contributions
Board which shall be established by the Administrator within the
Administration. Such Board shall accord to each interested party an
opportunity for hearing, and shall transmit to the Administrator its
findings of fact with respect to such proposal and its recommendations
for action to be taken with respect thereto.
(h) Protection of Title.--The Administrator is authorized to take all
suitable and necessary steps to protect any invention or discovery to
which the Administrator has title, and to require contractors or
persons who retain title to inventions or discoveries under this
section to protect the inventions or discoveries to which the
Administration has or may acquire a license of use.
(i) Administration as Defense Agency.--The Administration shall be
considered a defense agency of the United States for the purpose of
chapter 17 of title 35.
(j) Objects Intended for Launch, Launched, or Assembled in Outer
Space.--Any object intended for launch, launched, or assembled in outer
space shall be considered a vehicle for the purpose of section 272 of
title 35.
(k) Use or Manufacture of Patented Inventions Incorporated in Space
Vehicles Launched for Persons Other Than United States.--The use or
manufacture of any patented invention incorporated in a space vehicle
launched by the United States Government for a person other than the
United States shall not be considered to be a use or manufacture by or
for the United States within the meaning of section 1498(a) of title
28, unless the Administration gives an express authorization or consent
for such use or manufacture.

Sec. 20136. Contributions awards

(a) Applications.--Subject to the provisions of this section, the
Administrator is authorized, on the Administrator's own initiative or
on application of any person, to make a monetary award, in an amount
and on terms the Administrator determines to be warranted, to any
person (as defined by section 20135(a) of this title) for any
scientific or technical contribution to the Administration which is
determined by the Administrator to have significant value in the
conduct of aeronautical and space activities. Each application made for
such an award shall be referred to the Inventions and Contributions
Board established under section 20135 of this title. Such Board shall
accord to each applicant an opportunity for hearing on the application,
and shall transmit to the Administrator its recommendation as to the
terms of the award, if any, to be made to the applicant for the
contribution. In determining the terms and conditions of an award the
Administrator shall take into account--
(1) the value of the contribution to the United States;
(2) the aggregate amount of any sums which have been expended by
the applicant for the development of the contribution;
(3) the amount of any compensation (other than salary received
for services rendered as an officer or employee of the Government)
previously received by the applicant for or on account of the use
of the contribution by the United States; and
(4) any other factors the Administrator determines to be
material.
(b) Apportionment of Awards.--If more than one applicant under
subsection (a) claims an interest in the same contribution, the
Administrator shall ascertain and determine the respective interests of
the applicants, and shall apportion any award to be made among the
applicants in amounts the Administrator determines to be equitable.
(c) Surrender of Other Claims.--No award may be made under subsection
(a) unless the applicant surrenders, by means the Administrator
determines to be effective, all claims that the applicant may have to
receive any compensation (other than the award made under this section)
for the use of the contribution or any element thereof at any time by
or on behalf of the United States, or by or on behalf of any foreign
government pursuant to a treaty or agreement with the United States,
within the United States or at any other place.
(d) Report and Waiting Period.--No award may be made under subsection
(a) in an amount exceeding $100,000 unless the Administrator transmits
to the appropriate committees of Congress a full and complete report
concerning the amount and terms of, and the basis for, the proposed
award, and a period of 30 calendar days of regular session of Congress
expires after receipt of the report by the committees.

Sec. 20137. Malpractice and negligence suits against United States

(a) Exclusive Remedy.--The remedy against the United States provided
by sections 1346(b) and 2672 of title 28, for damages for personal
injury, including death, caused by the negligent or wrongful act or
omission of any physician, dentist, nurse, pharmacist, or paramedical
or other supporting personnel (including medical and dental
technicians, nursing assistants, and therapists) of the Administration
in the performance of medical, dental, or related health care functions
(including clinical studies and investigations) while acting within the
scope of such person's duties or employment therein or therefor shall
be exclusive of any other civil action or proceeding by reason of the
same subject matter against such person (or the estate of such person)
whose act or omission gave rise to the action or proceeding.
(b) Attorney General To Defend any Civil Action or Proceeding for
Malpractice or Negligence.--The Attorney General shall defend any civil
action or proceeding brought in any court against any person referred
to in subsection (a) (or the estate of such person) for any such
injury. Any such person against whom such civil action or proceeding is
brought shall deliver within such time after date of service or
knowledge of service as determined by the Attorney General, all process
served upon such person or an attested true copy thereof to such
person's immediate superior or to whomever was designated by the
Administrator to receive such papers. Such person shall promptly
furnish copies of the pleading and process therein to the United States
Attorney for the district embracing the place wherein the proceeding is
brought, to the Attorney General, and to the Administrator.
(c) Removal of Actions.--Upon a certification by the Attorney General
that any person described in subsection (a) was acting in the scope of
such person's duties or employment at the time of the incident out of
which the suit arose, any such civil action or proceeding commenced in
a State court shall be removed without bond at any time before trial by
the Attorney General to the district court of the United States of the
district and division embracing the place wherein it is pending and the
proceeding deemed a tort action brought against the United States under
the provisions of title 28, and all references thereto. Should a
district court of the United States determine, on a hearing on a motion
to remand held before a trial on the merits, that the case so removed
is one in which a remedy by suit within the meaning of subsection (a)
is not available against the United States, the case shall be remanded
to the State court.
(d) Compromise or Settlement of Claims.--The Attorney General may
compromise or settle any claim asserted in such civil action or
proceeding in the manner provided in section 2677 of title 28, and with
the same effect.
(e) Applicability of Other Provisions of Law.--For purposes of this
section, the provisions of section 2680(h) of title 28 shall not apply
to any cause of action arising out of a negligent or wrongful act or
omission in the performance of medical, dental, or related health care
functions (including clinical studies and investigations).
(f) Liability Insurance for Persons Assigned to Foreign Countries or
Non-Federal Agencies.--The Administrator or the Administrator's
designee may, to the extent that the Administrator or the designee
deems appropriate, hold harmless or provide liability insurance for any
person described in subsection (a) for damages for personal injury,
including death, caused by such person's negligent or wrongful act or
omission in the performance of medical, dental, or related health care
functions (including clinical studies and investigations) while acting
within the scope of such person's duties if such person is assigned to
a foreign country or detailed for service with other than a Federal
department, agency, or instrumentality or if the circumstances are such
as are likely to preclude the remedies of third persons against the
United States described in section 2679(b) of title 28, for such damage
or injury.

Sec. 20138. Insurance and indemnification

(a) Definitions.--In this section:
(1) Space vehicle.--The term ``space vehicle'' means an object
intended for launch, launched, or assembled in outer space,
including the space shuttle and other components of a space
transportation system, together with related equipment, devices,
components, and parts.
(2) Third party.--The term ``third party'' means any person who
may institute a claim against a user for death, bodily injury, or
loss of or damage to property.
(3) User.--The term ``user'' includes anyone who enters into an
agreement with the Administration for use of all or a portion of a
space vehicle, who owns or provides property to be flown on a space
vehicle, or who employs a person to be flown on a space vehicle.
(b) Authorization.--The Administration is authorized on such terms
and to the extent it may deem appropriate to provide liability
insurance for any user of a space vehicle to compensate all or a
portion of claims by third parties for death, bodily injury, or loss of
or damage to property resulting from activities carried on in
connection with the launch, operations, or recovery of the space
vehicle. Appropriations available to the Administration may be used to
acquire such insurance, but such appropriations shall be reimbursed to
the maximum extent practicable by the users under reimbursement
policies established pursuant to section 20113 of this title.
(c) Indemnification.--Under such regulations in conformity with this
section as the Administrator shall prescribe taking into account the
availability, cost, and terms of liability insurance, any agreement
between the Administration and a user of a space vehicle may provide
that the United States will indemnify the user against claims
(including reasonable expenses of litigation or settlement) by third
parties for death, bodily injury, or loss of or damage to property
resulting from activities carried on in connection with the launch,
operations, or recovery of the space vehicle, but only to the extent
that such claims are not compensated by liability insurance of the
user. Such indemnification may be limited to claims resulting from
other than the actual negligence or willful misconduct of the user.
(d) Terms of Indemnification Agreement.--An agreement made under
subsection (c) that provides indemnification must also provide for--
(1) notice to the United States of any claim or suit against the
user for the death, bodily injury, or loss of or damage to the
property; and
(2) control of or assistance in the defense by the United States,
at its election, of that suit or claim.
(e) Certification of Just and Reasonable Amount.--No payment may be
made under subsection (c) unless the Administrator or the
Administrator's designee certifies that the amount is just and
reasonable.
(f) Payments.--Upon the approval by the Administrator, payments under
subsection (c) may be made, at the Administrator's election, either
from funds available for research and development not otherwise
obligated or from funds appropriated for such payments.

Sec. 20139. Insurance for experimental aerospace vehicles

(a) Definitions.--In this section:
(1) Cooperating party.--The term ``cooperating party'' means any
person who enters into an agreement with the Administration for the
performance of cooperative scientific, aeronautical, or space
activities to carry out the purposes of this chapter.
(2) Developer.--The term ``developer'' means a United States
person (other than a natural person) who--
(A) is a party to an agreement with the Administration for
the purpose of developing new technology for an experimental
aerospace vehicle;
(B) owns or provides property to be flown or situated on that
vehicle; or
(C) employs a natural person to be flown on that vehicle.
(3) Experimental aerospace vehicle.--The term ``experimental
aerospace vehicle'' means an object intended to be flown in, or
launched into, orbital or suborbital flight for the purpose of
demonstrating technologies necessary for a reusable launch vehicle,
developed under an agreement between the Administration and a
developer.
(4) Related entity.--The term ``related entity'' includes a
contractor or subcontractor at any tier, a supplier, a grantee, and
an investigator or detailee.
(b) In General.--The Administrator may provide liability insurance
for, or indemnification to, the developer of an experimental aerospace
vehicle developed or used in execution of an agreement between the
Administration and the developer.
(c) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this section,
the insurance and indemnification provided by the Administration
under subsection (b) to a developer shall be provided on the same
terms and conditions as insurance and indemnification is provided
by the Administration under section 20138 of this title to the user
of a space vehicle.
(2) Insurance.--
(A) In general.--A developer shall obtain liability insurance
or demonstrate financial responsibility in amounts to
compensate for the maximum probable loss from claims by--
(i) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with the development or use of an experimental
aerospace vehicle; and
(ii) the United States Government for damage or loss to
Government property resulting from such an activity.
(B) Maximum required.--The Administrator shall determine the
amount of insurance required, but, except as provided in
subparagraph (C), that amount shall not be greater than the
amount required under section 50914(a)(3) of this titlefor a
launch. The Administrator shall publish notice of the
Administrator's determination and the applicable amount or
amounts in the Federal Register within 10 days after making the
determination.
(C) Increase in dollar amounts.--The Administrator may
increase the dollar amounts set forth in section 50914(a)(3)(A)
of this titlefor the purpose of applying that section under
this section to a developer after consultation with the
Comptroller General and such experts and consultants as may be
appropriate, and after publishing notice of the increase in the
Federal Register not less than 180 days before the increase
goes into effect. The Administrator shall make available for
public inspection, not later than the date of publication of
such notice, a complete record of any correspondence received
by the Administration, and a transcript of any meetings in
which the Administration participated, regarding the proposed
increase.
(D) Safety review required before administrator provides
insurance.--The Administrator may not provide liability
insurance or indemnification under subsection (b) unless the
developer establishes to the satisfaction of the Administrator
that appropriate safety procedures and practices are being
followed in the development of the experimental aerospace
vehicle.
(3) No indemnification without cross-waiver.--Notwithstanding
subsection (b), the Administrator may not indemnify a developer of
an experimental aerospace vehicle under this section unless there
is an agreement between the Administration and the developer
described in subsection (d).
(4) Application of certain procedures.--If the Administrator
requests additional appropriations to make payments under this
section, like the payments that may be made under section 20138(c)
of this title, then the request for those appropriations shall be
made in accordance with the procedures established by subsections
(d) and (e) of section 50915 of this title.
(d) Cross-Waivers.--
(1) Administrator authorized to waive.--The Administrator, on
behalf of the United States, and its departments, agencies, and
instrumentalities, may reciprocally waive claims with a developer
or cooperating party and with the related entities of that
developer or cooperating party under which each party to the waiver
agrees to be responsible, and agrees to ensure that its own related
entities are responsible, for damage or loss to its 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 agreement or use of the experimental
aerospace vehicle.
(2) Limitations.--
(A) Claims.--A reciprocal waiver under paragraph (1) 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 developer, the cooperating party, or their
respective 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.
(B) Liability for negligence.--A reciprocal waiver under
paragraph (1) 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 developer, the
cooperating party, or their respective subcontractors) or such
a 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.
(C) Indemnification for damages.--A reciprocal waiver under
paragraph (1) may not be used as the basis of a claim by the
Administration, or the developer or 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 agreement or use of
the experimental aerospace vehicle.
(D) Willful misconduct.--A reciprocal waiver under paragraph
(1) may not relieve the United States, the developer, the
cooperating party, or the related entities of the developer or
cooperating party, of liability for damage or loss resulting
from willful misconduct.
(3) Effect on previous waivers.--This subsection applies to any
waiver of claims entered into by the Administration without regard
to the date on which the Administration entered into the waiver.
(e) Relationship to Other Laws.--
(1) Section 20138.--This section does not apply to any object,
transaction, or operation to which section 20138 of this title
applies.
(2) Section 50919(g)(1).--The Administrator may not provide
indemnification to a developer under this section for launches
subject to license under section 50919(g)(1) of this title.
(f) Termination.--
(1) In general.--The provisions of this section shall terminate
on December 31, 2010.
(2) Effect of termination on agreement.--The termination of this
section shall not terminate or otherwise affect any cross-waiver
agreement, insurance agreement, indemnification agreement, or other
agreement entered into under this section, except as may be
provided in that agreement.

Sec. 20140. Appropriations

(a) Authorization.--
(1) In general.--There are authorized to be appropriated such
sums as may be necessary to carry out this chapter, except that
nothing in this chapter shall authorize the appropriation of any
amount for--
(A) the acquisition or condemnation of any real property; or
(B) any other item of a capital nature (such as plant or
facility acquisition, construction, or expansion) which exceeds
$250,000.
(2) Availability.--Sums appropriated pursuant to this subsection
for the construction of facilities, or for research and development
activities, shall remain available until expended.
(b) Use of Funds for Emergency Repairs of Existing Facilities.--Any
funds appropriated for the construction of facilities may be used for
emergency repairs of existing facilities when such existing facilities
are made inoperative by major breakdown, accident, or other
circumstances and such repairs are deemed by the Administrator to be of
greater urgency than the construction of new facilities.
(c) Termination.--Notwithstanding any other provision of law, the
authorization of any appropriation to the Administration shall expire
(unless an earlier expiration is specifically provided) at the close of
the third fiscal year following the fiscal year in which the
authorization was enacted, to the extent that such appropriation has
not theretofore actually been made.

Sec. 20141. Misuse of agency name and initials

(a) In General.--No person (as defined by section 20135(a) of this
title) may knowingly use the words ``National Aeronautics and Space
Administration'' or the letters ``NASA'', or any combination,
variation, or colorable imitation of those words or letters either
alone or in combination with other words or letters--
(1) as a firm or business name in a manner reasonably calculated
to convey the impression that the firm or business has some
connection with, endorsement of, or authorization from, the
Administration which does not, in fact, exist; or
(2) in connection with any product or service being offered or
made available to the public in a manner reasonably calculated to
convey the impression that the product or service has the
authorization, support, sponsorship, or endorsement of, or the
development, use, or manufacture by or on behalf of the
Administration which does not, in fact, exist.
(b) Civil Proceeding To Enjoin.--Whenever it appears to the Attorney
General that any person is engaged in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a),
the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice.

Sec. 20142. Contracts regarding expendable launch vehicles

(a) Commitments Beyond Available Appropriations.--The Administrator
may enter into contracts for expendable launch vehicle services that
are for periods in excess of the period for which funds are otherwise
available for obligation, provide for the payment for contingent
liability which may accrue in excess of available appropriations in the
event the Federal Government for its convenience terminates such
contracts, and provide for advance payments reasonably related to
launch vehicle and related equipment, fabrication, and acquisition
costs, if any such contract limits the amount of the payments that the
Government is allowed to make under such contract to amounts provided
in advance in appropriation Acts. Such contracts may be limited to
sources within the United States when the Administrator determines that
such limitation is in the public interest.
(b) Termination if Funds Not Available.--If funds are not available
to continue any such contract, the contract shall be terminated for the
convenience of the Government, and the costs of such contract shall be
paid from appropriations originally available for performance of the
contract, from other unobligated appropriations currently available for
the procurement of launch services, or from funds appropriated for such
payments.

Sec. 20143. Full cost appropriations account structure

(a) Accounts for Appropriations.--
(1) Designation of 3 accounts.--Appropriations for the
Administration shall be made in 3 accounts, ``Science, Aeronautics,
and Education'', ``Exploration Systems and Space Operations'', and
an account for amounts appropriated for the necessary expenses of
the Office of the Inspector General.
(2) Reprogramming.--Within the Exploration Systems and Space
Operations account, no more than 10 percent of the funds for a
fiscal year for Exploration Systems may be reprogrammed for Space
Operations, and no more than 10 percent of the funds for a fiscal
year for Space Operations may be reprogrammed for Exploration
Systems. This paragraph shall not apply to reprogramming for the
purposes described in subsection (b)(2).
(3) Availability.--Appropriations shall remain available for 2
fiscal years, unless otherwise specified in law. Each account shall
include the planned full costs of Administration activities.
(b) Transfers Among Accounts.--
(1) In general.--To ensure the safe, timely, and successful
accomplishment of Administration missions, the Administration may
transfer among accounts as necessary, amounts for--
(A) Federal salaries and benefits;
(B) training, travel, and awards;
(C) facility and related costs;
(D) information technology services;
(E) publishing services;
(F) science, engineering, fabricating, and testing services;
and
(G) other administrative services.
(2) Disaster, act of terrorism, emergency rescue.--The
Administration may also transfer amounts among accounts for the
immediate costs of recovering from damage caused by a major
disaster (as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) or
by an act of terrorism, or for the immediate costs associated with
an emergency rescue of astronauts.
(c) Transfer of Unexpired Balances.--The unexpired balances of prior
appropriations to the Administration for activities authorized under
this chapter may be transferred to the new account established for such
activity in subsection (a). Balances so transferred may be merged with
funds in the newly established account and thereafter may be accounted
for as one fund under the same terms and conditions.

Sec. 20144. Prize authority

(a) In General.--The Administration may carry out a program to
competitively award cash prizes to stimulate innovation in basic and
applied research, technology development, and prototype demonstration
that have the potential for application to the performance of the space
and aeronautical activities of the Administration. The Administration
may carry out a program to award prizes only in conformity with this
section.
(b) Topics.--In selecting topics for prize competitions, the
Administrator shall consult widely both within and outside the Federal
Government, and may empanel advisory committees. The Administrator
shall give consideration to prize goals such as the demonstration of
the ability to provide energy to the lunar surface from space-based
solar power systems, demonstration of innovative near-Earth object
survey and deflection strategies, and innovative approaches to
improving the safety and efficiency of aviation systems.
(c) Advertising.--The Administrator shall widely advertise prize
competitions to encourage participation.
(d) Requirements and Registration.--For each prize competition, the
Administrator shall publish a notice in the Federal Register announcing
the subject of the competition, the rules for being eligible to
participate in the competition, the amount of the prize, and the basis
on which a winner will be selected.
(e) Eligibility.--To be eligible to win a prize under this section,
an individual or entity--
(1) shall have registered to participate in the competition
pursuant to any rules promulgated by the Administrator under
subsection (d);
(2) shall have complied with all the requirements under this
section;
(3) in the case of a private entity, shall be incorporated in and
maintain a primary place of business in the United States, and in
the case of an individual, whether participating singly or in a
group, shall be a citizen or permanent resident of the United
States; and
(4) shall not be a Federal entity or Federal employee acting
within the scope of their employment.
(f) Liability.--
(1) Assumption of risk.--Registered participants must agree to
assume any and all risks and waive claims against the Federal
Government and its related entities, except in the case of willful
misconduct, for any injury, death, damage, or loss of property,
revenue, or profits, whether direct, indirect, or consequential,
arising from their participation in a competition, whether such
injury, death, damage, or loss arises through negligence or
otherwise. For the purposes of this paragraph, the term ``related
entity'' means a contractor or subcontractor at any tier, and a
supplier, user, customer, cooperating party, grantee, investigator,
or detailee.
(2) Liability insurance.--Participants must obtain liability
insurance or demonstrate financial responsibility, in amounts
determined by the Administrator, for claims by--
(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or related
to competition activities; and
(B) the Federal Government for damage or loss to Government
property resulting from such an activity.
(g) Judges.--For each competition, the Administration, either
directly or through an agreement under subsection (h), shall assemble a
panel of qualified judges to select the winner or winners of the prize
competition on the basis described pursuant to subsection (d). Judges
for each competition shall include individuals from outside the
Administration, including from the private sector. A judge may not--
(1) have personal or financial interests in, or be an employee,
officer, director, or agent of any entity that is a registered
participant in a competition; or
(2) have a familial or financial relationship with an individual
who is a registered participant.
(h) Administering the Competition.--The Administrator may enter into
an agreement with a private, nonprofit entity to administer the prize
competition, subject to the provisions of this section.
(i) Funding.--
(1) Sources.--Prizes under this section may consist of Federal
appropriated funds and funds provided by the private sector for
such cash prizes. The Administrator may accept funds from other
Federal agencies for such cash prizes. The Administrator may not
give any special consideration to any private sector entity in
return for a donation.
(2) Availability.--
(A) Definition of provisions known as the anti-deficiency
act.--In this paragraph, the term ``provisions known as the
Anti-Deficiency Act'' means sections 1341, 1342, 1349(a), 1350,
1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, and 1519
of title 31.
(B) In general.--Notwithstanding any other provision of law,
funds appropriated for prize awards under this section shall
remain available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the
expiration of 10 fiscal years after the fiscal year for which
the funds were originally appropriated. No provision in this
section permits obligation or payment of funds in violation of
the provisions known as the Anti-Deficiency Act.
(3) Appropriation or commitment of funds required before
announcement of prize or increase.--
(A) In general.--No prize may be announced under subsection
(d) until all the funds needed to pay out the announced amount
of the prize have been appropriated or committed in writing by
a private source.
(B) Increase.--The Administrator may increase the amount of a
prize after an initial announcement is made under subsection
(d) if--
(i) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(ii) the funds needed to pay out the announced amount of
the increase have been appropriated or committed in writing
by a private source.
(4) Notice to committees for prize greater than $50,000,000.--No
prize competition under this section may offer a prize in an amount
greater than $50,000,000 unless 30 days have elapsed after written
notice has been transmitted to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(5) Approval of administrator for prize greater than
$1,000,000.--No prize competition under this section may result in
the award of more than $1,000,000 in cash prizes without the
approval of the Administrator.
(j) Use of Administration Name or Insignia.--A registered participant
in a competition under this section may use the Administration's name,
initials, or insignia only after prior review and written approval by
the Administration.
(k) Compliance With Existing Law.--The Federal Government shall not,
by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
non-proliferation laws, and related regulations.

Sec. 20145. Lease of non-excess property

(a) In General.--The Administrator may enter into a lease under this
section with any person or entity (including another department or
agency of the Federal Government or an entity of a State or local
government) with regard to any non-excess real property and related
personal property under the jurisdiction of the Administrator.
(b) Cash Consideration.--
(1) Fair market value.--A person or entity entering into a lease
under this section shall provide cash consideration for the lease
at fair market value as determined by the Administrator.
(2) Utilization.--
(A) In general.--The Administrator may utilize amounts of
cash consideration received under this subsection for a lease
entered into under this section to cover the full costs to the
Administration in connection with the lease. These funds shall
remain available until expended.
(B) Capital revitalization and improvements.--Of any amounts
of cash consideration received under this subsection that are
not utilized in accordance with subparagraph (A)--
(i) 35 percent shall be deposited in a capital asset
account to be established by the Administrator, shall be
available for maintenance, capital revitalization, and
improvements of the real property assets and related
personal property under the jurisdiction of the
Administrator, and shall remain available until expended;
and
(ii) the remaining 65 percent shall be available to the
respective center or facility of the Administration engaged
in the lease of nonexcess real property, and shall remain
available until expended for maintenance, capital
revitalization, and improvements of the real property
assets and related personal property at the respective
center or facility subject to the concurrence of the
Administrator.
(C) No utilization for daily operating costs.--Amounts
utilized under subparagraph (B) may not be utilized for daily
operating costs.
(c) Additional Terms and Conditions.--The Administrator may require
such terms and conditions in connection with a lease under this section
as the Administrator considers appropriate to protect the interests of
the United States.
(d) Relationship to Other Lease Authority.--The authority under this
section to lease property of the Administration is in addition to any
other authority to lease property of the Administration under law.
(e) Lease Restrictions.--
(1) No lease back or other contract.--The Administration is not
authorized to lease back property under this section during the
term of the out-lease or enter into other contracts with the lessee
respecting the property.
(2) Certification that out-lease will not have negative impact on
mission.--The Administration is not authorized to enter into an
out-lease under this section unless the Administrator certifies
that the out-lease will not have a negative impact on the mission
of the Administration.
(f) Reporting Requirements.--The Administrator shall submit an annual
report by January 31st of each year. The report shall include the
following:
(1) Value of arrangements and expenditures of revenues.--
Information that identifies and quantifies the value of the
arrangements and expenditures of revenues received under this
section.
(2) Availability and use of funds for operating plan.--The
availability and use of funds received under this section for the
Administration's operating plan.
(g) Sunset.--The authority to enter into leases under this section
shall expire 10 years after December 26, 2007. The expiration under
this subsection of authority to enter into leases under this section
shall not affect the validity or term of leases or the Administration's
retention of proceeds from leases entered into under this section
before the expiration of the authority.

Sec. 20146. Retrocession of jurisdiction

(a) Definition of State.--In this section, the term ``State'' means
any of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other commonwealth, territory, or
possession of the United States.
(b) Relinquishing Legislative Jurisdiction.--Notwithstanding any
other provision of law, the Administrator may relinquish to a State all
or part of the legislative jurisdiction of the United States over lands
or interests under the control of the Administrator in that State.

Sec. 20147. Recovery and disposition authority

(a) Definitions.--In this section:
(1) Administration human space flight vehicle.--The term
``Administration human space flight vehicle'' means a space
vehicle, as defined in section 20138(a) of this title, that--
(A) is intended to transport one or more persons;
(B) is designed to operate in outer space; and
(C) is either--
(i) owned by the Administration; or
(ii) owned by an Administration contractor or cooperating
party and operated as part of an Administration mission or
a joint mission with the Administration.
(2) Crewmember.--The term ``crewmember'' means an astronaut or
other person assigned to an Administration human space flight
vehicle.
(b) Control of Remains.--
(1) In general.--Subject to paragraphs (2) and (3), when there is
an accident or mishap resulting in the death of a crewmember of an
Administration human space flight vehicle, the Administrator may
take control over the remains of the crewmember and order autopsies
and other scientific or medical tests.
(2) Treatment.--Each crewmember shall provide the Administrator
with the crewmember's preferences regarding the treatment accorded
to the crewmember's remains and the Administrator shall, to the
extent possible, respect those stated preferences.
(3) Construction.--This section shall not be construed to permit
the Administrator to interfere with any Federal investigation of a
mishap or accident.

SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH

Sec. 20161. Congressional declaration of purpose and policy

(a) Purpose.--The purpose of this subchapter is to authorize and
direct the Administration to develop and carry out a comprehensive
program of research, technology, and monitoring of the phenomena of the
upper atmosphere so as to provide for an understanding of and to
maintain the chemical and physical integrity of the Earth's upper
atmosphere.
(b) Policy.--Congress declares that it is the policy of the United
States to undertake an immediate and appropriate research, technology,
and monitoring program that will provide for understanding the physics
and chemistry of the Earth's upper atmosphere.

Sec. 20162. Definition of upper atmosphere

In this subchapter, the term ``upper atmosphere'' means that portion
of the Earth's sensible atmosphere above the troposphere.

Sec. 20163. Program authorized

(a) In General.--In order to carry out the purposes of this
subchapter, the Administration, in cooperation with other Federal
agencies, shall initiate and carry out a program of research,
technology, monitoring, and other appropriate activities directed to
understand the physics and chemistry of the upper atmosphere.
(b) Activities.--In carrying out the provisions of this subchapter,
the Administration shall--
(1) arrange for participation by the scientific and engineering
community, of both the Nation's industrial organizations and
institutions of higher education, in planning and carrying out
appropriate research, in developing necessary technology, and in
making necessary observations and measurements;
(2) provide, by way of grant, contract, scholarships, or other
arrangements, to the maximum extent practicable and consistent with
other laws, for the widest practicable and appropriate
participation of the scientific and engineering community in the
program authorized by this subchapter; and
(3) make all results of the program authorized by this subchapter
available to the appropriate regulatory agencies and provide for
the widest practicable dissemination of such results.

Sec. 20164. International cooperation

In carrying out the provisions of this subchapter, the
Administration, subject to the direction of the President and after
consultation with the Secretary of State, shall make every effort to
enlist the support and cooperation of appropriate scientists and
engineers of other countries and international organizations.

CHAPTER 203--RESPONSIBILITIES AND VISION

Sec.
20301.  General responsibilities.
20302.  Vision for space exploration.
20303.  Contribution to innovation.
20304.  Basic research enhancement.
20305.  National Academies decadal surveys.

Sec. 20301. General responsibilities

(a) Programs.--The Administrator shall ensure that the Administration
carries out a balanced set of programs that shall include, at a
minimum, programs in--
(1) human space flight, in accordance with section 20302 of this
title;
(2) aeronautics research and development; and
(3) scientific research, which shall include, at a minimum--
(A) robotic missions to study the Moon and other planets and
their moons, and to deepen understanding of astronomy,
astrophysics, and other areas of science that can be
productively studied from space;
(B) Earth science research and research on the Sun-Earth
connection through the development and operation of research
satellites and other means;
(C) support of university research in space science, Earth
science, and microgravity science; and
(D) research on microgravity, including research that is not
directly related to human exploration.
(b) Consultation and Coordination.--In carrying out the programs of
the Administration, the Administrator shall--
(1) consult and coordinate to the extent appropriate with other
relevant Federal agencies, including through the National Science
and Technology Council;
(2) work closely with the private sector, including by--
(A) encouraging the work of entrepreneurs who are seeking to
develop new means to launch satellites, crew, or cargo;
(B) contracting with the private sector for crew and cargo
services, including to the International Space Station, to the
extent practicable;
(C) using commercially available products (including
software) and services to the extent practicable to support all
Administration activities; and
(D) encouraging commercial use and development of space to
the greatest extent practicable; and
(3) involve other nations to the extent appropriate.

Sec. 20302. Vision for space exploration

(a) In General.--The Administrator shall establish a program to
develop a sustained human presence on the Moon, including a robust
precursor program, to promote exploration, science, commerce, and
United States preeminence in space, and as a stepping-stone to future
exploration of Mars and other destinations. The Administrator is
further authorized to develop and conduct appropriate international
collaborations in pursuit of these goals.
(b) Milestones.--The Administrator shall manage human space flight
programs to strive to achieve the following milestones (in conformity
with section 70502 of this title):
(1) Returning Americans to the Moon no later than 2020.
(2) Launching the Crew Exploration Vehicle as close to 2010 as
possible.
(3) Increasing knowledge of the impacts of long duration stays in
space on the human body using the most appropriate facilities
available, including the International Space Station.
(4) Enabling humans to land on and return from Mars and other
destinations on a timetable that is technically and fiscally
possible.

Sec. 20303. Contribution to innovation

(a) Participation in Interagency Activities.--The Administration
shall be a full participant in any interagency effort to promote
innovation and economic competitiveness through near-term and long-term
basic scientific research and development and the promotion of science,
technology, engineering, and mathematics education, consistent with the
Administration's mission, including authorized activities.
(b) Historic Foundation.--In order to carry out the participation
described in subsection (a), the Administrator shall build on the
historic role of the Administration in stimulating excellence in the
advancement of physical science and engineering disciplines and in
providing opportunities and incentives for the pursuit of academic
studies in science, technology, engineering, and mathematics.
(c) Balanced Science Program and Robust Authorization Levels.--The
balanced science program authorized by section 101(d) of the National
Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16611(d)) shall be an element of the contribution by the
Administration to the interagency programs.
(d) Annual Report.--
(1) Requirement.--The Administrator shall submit to Congress and
the President an annual report describing the activities conducted
pursuant to this section, including a description of the goals and
the objective metrics upon which funding decisions were made.
(2) Content.--Each report submitted pursuant to paragraph (1)
shall include, with regard to science, technology, engineering, and
mathematics education programs, at a minimum, the following:
(A) A description of each program.
(B) The amount spent on each program.
(C) The number of students or teachers served by each
program.

Sec. 20304. Basic research enhancement

(a) Definition of Basic Research.--In this section, the term ``basic
research'' has the meaning given the term in Office of Management and
Budget Circular No. A-11.
(b) Coordination.--The Administrator, the Director of the National
Science Foundation, the Secretary of Energy, the Secretary of Defense,
and the Secretary of Commerce shall, to the extent practicable,
coordinate basic research activities related to physical sciences,
technology, engineering, and mathematics.

Sec. 20305. National Academies decadal surveys

(a) In General.--The Administrator shall enter into agreements on a
periodic basis with the National Academies for independent assessments,
also known as decadal surveys, to take stock of the status and
opportunities for Earth and space science discipline fields and
Aeronautics research and to recommend priorities for research and
programmatic areas over the next decade.
(b) Independent Cost Estimates.--The agreements described in
subsection (a) shall include independent estimates of the life cycle
costs and technical readiness of missions assessed in the decadal
surveys whenever possible.
(c) Reexamination.--The Administrator shall request that each
National Academies decadal survey committee identify any conditions or
events, such as significant cost growth or scientific or technological
advances, that would warrant the Administration asking the National
Academies to reexamine the priorities that the decadal survey had
established.

Subtitle III--Administrative Provisions

CHAPTER 301--APPROPRIATIONS, BUDGETS, AND ACCOUNTING

Sec.
30101.  Prior authorization of appropriations required.
30102.  Working capital fund.
30103.  Budgets.
30104.  Baselines and cost controls.

Sec. 30101. Prior authorization of appropriations required

Notwithstanding the provisions of any other law, no appropriation may
be made to the Administration unless previously authorized by
legislation enacted by Congress.

Sec. 30102. Working capital fund

(a) Establishment.--There is hereby established in the United States
Treasury an Administration working capital fund.
(b) Availability of Amounts.--
(1) In general.--Amounts in the fund are available for financing
activities, services, equipment, information, and facilities as
authorized by law to be provided--
(A) within the Administration;
(B) to other agencies or instrumentalities of the United
States;
(C) to any State, territory, or possession or political
subdivision thereof;
(D) to other public or private agencies; or
(E) to any person, firm, association, corporation, or
educational institution on a reimbursable basis.
(2) Capital repairs.--The fund shall also be available for the
purpose of funding capital repairs, renovations, rehabilitation,
sustainment, demolition, or replacement of Administration real
property, on a reimbursable basis within the Administration.
(3) No fiscal year limitation.--Amounts in the fund are available
without regard to fiscal year limitation.
(c) Contents.--The capital of the fund consists of--
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and
other assets and inventories on order that the Administrator
transfers to the fund, less the related liabilities and unpaid
obligations; and
(3) payments received for loss or damage to property of the fund.
(d) Reimbursement.--The fund shall be reimbursed, in advance, for
supplies and services at rates that will approximate the expenses of
operation, such as the accrual of annual leave, depreciation of plant,
property, and equipment, and overhead.

Sec. 30103. Budgets

(a) Categories.--The proposed budget for the Administration submitted
by the President for each fiscal year shall be accompanied by documents
showing--
(1) by program--
(A) the budget for space operations, including the
International Space Station and the space shuttle;
(B) the budget for exploration systems;
(C) the budget for aeronautics;
(D) the budget for space science;
(E) the budget for Earth science;
(F) the budget for microgravity science;
(G) the budget for education;
(H) the budget for safety oversight; and
(I) the budget for public relations;
(2) the budget for technology transfer programs;
(3) the budget for the Integrated Enterprise Management Program,
by individual element;
(4) the budget for the Independent Technical Authority, both
total and by center;
(5) the total budget for the prize program under section 20144 of
this title, and the administrative budget for that program; and
(6) the comparable figures for at least the 2 previous fiscal
years for each item in the proposed budget.
(b) Additional Budget Information Upon Request by Committees.--The
Administration shall make available, upon request from the Committee on
Science and Technology of the House of Representatives or the Committee
on Commerce, Science, and Transportation of the Senate--
(1) information on corporate and center general and
administrative costs and service pool costs, including--
(A) the total amount of funds being allocated for those
purposes for any fiscal year for which the President has
submitted an annual budget request to Congress;
(B) the amount of funds being allocated for those purposes
for each center, for headquarters, and for each directorate;
and
(C) the major activities included in each cost category; and
(2) the figures on the amount of unobligated funds and unexpended
funds, by appropriations account--
(A) that remained at the end of the fiscal year prior to the
fiscal year in which the budget is being presented that were
carried over into the fiscal year in which the budget is being
presented;
(B) that are estimated will remain at the end of the fiscal
year in which the budget is being presented that are proposed
to be carried over into the fiscal year for which the budget is
being presented; and
(C) that are estimated will remain at the end of the fiscal
year for which the budget is being presented.
(c) Information in Annual Budget Justification.--The Administration
shall provide, at a minimum, the following information in its annual
budget justification:
(1) The actual, current, proposed funding level, and estimated
budgets for the next 5 fiscal years by directorate, theme, program,
project and activity within each appropriations account.
(2) The proposed programmatic and non-programmatic construction
of facilities.
(3) The budget for headquarters including--
(A) the budget by office, and any division thereof, for the
actual, current, proposed funding level, and estimated budgets
for the next 5 fiscal years;
(B) the travel budget for each office, and any division
thereof, for the actual, current, and proposed funding level;
and
(C) the civil service full time equivalent assignments per
headquarters office, and any division thereof, including the
number of Senior Executive Service, noncareer, detailee, and
contract personnel per office.
(4) Within 14 days of the submission of the budget to Congress an
accompanying volume shall be provided to the Committees on
Appropriations containing the following information for each
center, facility managed by any center, and federally funded
research and development center operated on behalf of the
Administration:
(A) The actual, current, proposed funding level, and
estimated budgets for the next 5 fiscal years by directorate,
theme, program, project, and activity.
(B) The proposed programmatic and non-programmatic
construction of facilities.
(C) The number of civil service full time equivalent
positions per center for each identified fiscal year.
(D) The number of civil service full time equivalent
positions considered to be uncovered capacity at each location
for each identified fiscal year.
(5) The proposed budget as designated by object class for each
directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain the request
for each program, project, and activity, and an explanation for any
deviation to previously adopted baselines for all justification
materials provided to the Committees.
(d) Estimate of Gross Receipts and Proposed Use of Funds Related to
Lease of Property.--Each annual budget request shall include an annual
estimate of gross receipts and collections and proposed use of all
funds collected pursuant to section 20145 of this title.

Sec. 30104. Baselines and cost controls

(a) Definitions.--In this section:
(1) Development.--The term ``development'' means the phase of a
program following the formulation phase and beginning with the
approval to proceed to implementation, as defined in the
Administration's Procedural Requirements 7120.5c, dated March 22,
2005.
(2) Development cost.--The term ``development cost'' means the
total of all costs, including construction of facilities and civil
servant costs, from the period beginning with the approval to
proceed to implementation through the achievement of operational
readiness, without regard to funding source or management control,
for the life of the program.
(3) Life-cycle cost.--The term ``life-cycle cost'' means the
total of the direct, indirect, recurring, and nonrecurring costs,
including the construction of facilities and civil servant costs,
and other related expenses incurred or estimated to be incurred in
the design, development, verification, production, operation,
maintenance, support, and retirement of a program over its planned
lifespan, without regard to funding source or management control.
(4) Major program.--The term ``major program'' means an activity
approved to proceed to implementation that has an estimated life-
cycle cost of more than $250,000,000.
(b) Conditions for Development.--
(1) In general.--The Administration shall not enter into a
contract for the development of a major program unless the
Administrator determines that--
(A) the technical, cost, and schedule risks of the program
are clearly identified and the program has developed a plan to
manage those risks;
(B) the technologies required for the program have been
demonstrated in a relevant laboratory or test environment; and
(C) the program complies with all relevant policies,
regulations, and directives of the Administration.
(2) Report.--The Administrator shall transmit a report describing
the basis for the determination required under paragraph (1) to the
Committee on Science and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate at least 30 days before entering into a contract for
development under a major program.
(3) Nondelegation.--The Administrator may not delegate the
determination requirement under this subsection, except in cases in
which the Administrator has a conflict of interest.
(c) Major Program Annual Reports.--
(1) Requirement.--Annually, at the same time as the President's
annual budget submission to Congress, 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 report that includes the information
required by this section for each major program for which the
Administration proposes to expend funds in the subsequent fiscal
year. Reports under this paragraph shall be known as Major Program
Annual Reports.
(2) Baseline report.--The first Major Program Annual Report for
each major program shall include a Baseline Report that shall, at a
minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program, with
a detailed breakout of the development cost, program reserves,
and an estimate of the annual costs until development is
completed;
(C) the schedule for development, including key program
milestones;
(D) the plan for mitigating technical, cost, and schedule
risks identified in accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (d), who shall be an individual
whose primary responsibility is overseeing the program.
(3) Information updates.--For major programs for which a Baseline
Report has been submitted, each subsequent Major Program Annual
Report shall describe any changes to the information that had been
provided in the Baseline Report, and the reasons for those changes.
(d) Notification.--
(1) Requirement.--The individual identified under subsection
(c)(2)(E) shall immediately notify the Administrator any time that
individual has reasonable cause to believe that, for the major
program for which he or she is responsible--
(A) the development cost of the program is likely to exceed
the estimate provided in the Baseline Report of the program by
15 percent or more; or
(B) a milestone of the program is likely to be delayed by 6
months or more from the date provided for it in the Baseline
Report of the program.
(2) Reasons.--Not later than 30 days after the notification
required under paragraph (1), the individual identified under
subsection (c)(2)(E) shall transmit to the Administrator a written
notification explaining the reasons for the change in the cost or
milestone of the program for which notification was provided under
paragraph (1).
(3) Notification of congress.--Not later than 15 days after the
Administrator receives a written notification under paragraph (2),
the Administrator shall transmit the notification to the Committee
on Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
(e) Fifteen Percent Threshold.--
(1) Determination, report, and initiation of analysis.--Not later
than 30 days after receiving a written notification under
subsection (d)(2), the Administrator shall determine whether the
development cost of the program is likely to exceed the estimate
provided in the Baseline Report of the program by 15 percent or
more, or whether a milestone is likely to be delayed by 6 months or
more. If the determination is affirmative, the Administrator
shall--
(A) transmit to the Committee on Science and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, not later than 15
days after making the determination, a report that includes--
(i) a description of the increase in cost or delay in
schedule and a detailed explanation for the increase or
delay;
(ii) a description of actions taken or proposed to be
taken in response to the cost increase or delay; and
(iii) a description of any impacts the cost increase or
schedule delay, or the actions described under clause (ii),
will have on any other program within the Administration;
and
(B) if the Administrator intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(i) the projected cost and schedule for completing the
program if current requirements of the program are not
modified;
(ii) the projected cost and the schedule for completing
the program after instituting the actions described under
subparagraph (A)(ii); and
(iii) a description of, and the projected cost and
schedule for, a broad range of alternatives to the program.
(2) Completion of analysis and transmittal to committees.--The
Administration shall complete an analysis initiated under paragraph
(1)(B) not later than 6 months after the Administrator makes a
determination under this subsection. The Administrator shall
transmit the analysis to the Committee on Science and Technology of
the House of Representatives and Committee on Commerce, Science,
and Transportation of the Senate not later than 30 days after its
completion.
(f) Thirty Percent Threshold.--If the Administrator determines under
subsection (e) that the development cost of a program will exceed the
estimate provided in the Baseline Report of the program by more than 30
percent, then, beginning 18 months after the date the Administrator
transmits a report under subsection (e)(1)(A), the Administrator shall
not expend any additional funds on the program, other than termination
costs, unless Congress has subsequently authorized continuation of the
program by law. An appropriation for the specific program enacted
subsequent to a report being transmitted shall be considered an
authorization for purposes of this subsection. If the program is
continued, the Administrator shall submit a new Baseline Report for the
program no later than 90 days after the date of enactment of the Act
under which Congress has authorized continuation of the program.

CHAPTER 303--CONTRACTING AND PROCUREMENT

Sec.
30301.  Guaranteed customer base.
30302.  Quality assurance personnel.
30303.  Tracking and data relay satellite services.
30304.  Award of contracts to small businesses and disadvantaged
individuals.
30305.  Outreach program.
30306.  Small business contracting.
30307.  Requirement for independent cost analysis.
30308.  Cost effectiveness calculations.
30309.  Use of abandoned and underutilized buildings, grounds, and
facilities.
30310.  Exception to alternative fuel procurement requirement.

Sec. 30301. Guaranteed customer base

No amount appropriated to the Administration may be used to fund
grants, contracts, or other agreements with an expected duration of
more than one year, when a primary effect of the grant, contract, or
agreement is to provide a guaranteed customer base for or establish an
anchor tenancy in new commercial space hardware or services unless an
appropriations Act specifies the new commercial space hardware or
services to be developed or used, or the grant, contract, or agreement
is otherwise identified in such Act.

Sec. 30302. Quality assurance personnel

(a) Exclusion of Administration Personnel.--A person providing
articles to the Administration under a contract entered into after
December 9, 1991, may not exclude Administration quality assurance
personnel from work sites except as provided in a contract provision
that has been submitted to Congress as provided in subsection (b).
(b) Contract Provisions.--The Administration shall not enter into any
contract which permits the exclusion of Administration quality
assurance personnel from work sites unless the Administrator has
submitted a copy of the provision permitting such exclusion to Congress
at least 60 days before entering into the contract.

Sec. 30303. Tracking and data relay satellite services

(a) Contracts.--The Administration is authorized, when so provided in
an appropriation Act, to enter into and to maintain a contract for
tracking and data relay satellite services. Such services shall be
furnished to the Administration in accordance with applicable
authorization and appropriations Acts. The Government shall incur no
costs under such contract prior to the furnishing of such services
except that the contract may provide for the payment for contingent
liability of the Government which may accrue in the event the
Government should decide for its convenience to terminate the contract
before the end of the period of the contract. Facilities which may be
required in the performance of the contract may be constructed on
Government-owned lands if there is included in the contract a provision
under which the Government may acquire title to the facilities, under
terms and conditions agreed upon in the contract, upon termination of
the contract.
(b) Reports to Congress.--The Administrator shall in January of each
year report to the Committee on Science and Technology and the
Committee on Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate the projected aggregate contingent
liability of the Government under termination provisions of any
contract authorized in this section through the next fiscal year. The
authority of the Administration to enter into and to maintain the
contract authorized hereunder shall remain in effect unless repealed by
legislation enacted by Congress.

Sec. 30304. Award of contracts to small businesses and disadvantaged
individuals

The Administrator shall annually establish a goal of at least 8
percent of the total value of prime and subcontracts awarded in support
of authorized programs, including the space station by the time
operational status is obtained, which funds will be made available to
small business concerns or other organizations owned or controlled by
socially and economically disadvantaged individuals (within the meaning
of paragraphs (5) and (6) of section 8(a) of the Small Business Act (15
U.S.C. 637(a))), including Historically Black Colleges and Universities
that are part B institutions (as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving
institutions (as defined in section 502(a)(5) of that Act (20 U.S.C.
1101a(a)(5))), Tribal Colleges or Universities (as defined in section
316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Native-serving
institutions (as defined in section 317(b)(2) of that Act (20 U.S.C.
1059d(b)(2))), Native Hawaiian-serving institutions (as defined in
section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority
educational institutions (as defined by the Secretary of Education
pursuant to the General Education Provisions Act (20 U.S.C. 1221 et
seq.)).

Sec. 30305. Outreach program

(a) Establishment.--The Administration shall competitively select an
organization to partner with Administration centers, aerospace
contractors, and academic institutions to carry out a program to help
promote the competitiveness of small, minority-owned, and women-owned
businesses in communities across the United States through enhanced
insight into the technologies of the Administration's space and
aeronautics programs. The program shall support the mission of the
Administration's Innovative Partnerships Program with its emphasis on
joint partnerships with industry, academia, government agencies, and
national laboratories.
(b) Program Structure.--In carrying out the program described in
subsection (a), the organization shall support the mission of the
Administration's Innovative Partnerships Program by undertaking the
following activities:
(1) Facilitating enhanced insight.--Facilitating the enhanced
insight of the private sector into the Administration's
technologies in order to increase the competitiveness of the
private sector in producing viable commercial products.
(2) Creating network.--Creating a network of academic
institutions, aerospace contractors, and Administration centers
that will commit to donating appropriate technical assistance to
small businesses, giving preference to socially and economically
disadvantaged small business concerns, small business concerns
owned and controlled by service-disabled veterans, and HUBZone
small business concerns. This paragraph shall not apply to any
contracting actions entered into or taken by the Administration.
(3) Creating network of economic development organizations.--
Creating a network of economic development organizations to
increase the awareness and enhance the effectiveness of the program
nationwide.
(c) Report.--Not later than one year after October 15, 2008, and
annually thereafter, the Administrator shall submit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
describing the efforts and accomplishments of the program established
under subsection (a) in support of the Administration's Innovative
Partnerships Program. As part of the report, the Administrator shall
provide--
(1) data on the number of small businesses receiving assistance,
jobs created and retained, and volunteer hours donated by the
Administration, contractors, and academic institutions nationwide;
(2) an estimate of the total dollar value of the economic impact
made by small businesses that received technical assistance through
the program; and
(3) an accounting of the use of funds appropriated for the
program.

Sec. 30306. Small business contracting

(a) Plan.--In consultation with the Small Business Administration,
the Administrator shall develop a plan to maximize the number and
amount of contracts awarded to small business concerns (within the
meaning given that term in section 3 of the Small Business Act (15
U.S.C. 632)) and to meet established contracting goals for such
concerns.
(b) Priority.--The Administrator shall establish as a priority
meeting the contracting goals developed in conjunction with the Small
Business Administration to maximize the amount of prime contracts, as
measured in dollars, awarded in each fiscal year by the Administration
to small business concerns (within the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632)).

Sec. 30307. Requirement for independent cost analysis

(a) Definition of Implementation.--In this section, the term
``implementation'' means all activity in the life cycle of a project
after preliminary design, independent assessment of the preliminary
design, and approval to proceed into implementation, including critical
design, development, certification, launch, operations, disposal of
assets, and, for technology programs, development, testing, analysis,
and communication of the results.
(b) Requirement.--Before any funds may be obligated for
implementation of a project that is projected to cost more than
$250,000,000 in total project costs, the Administrator shall conduct
and consider an independent life-cycle cost analysis of the project and
shall report the results to Congress. In developing cost accounting and
reporting standards for carrying out this section, the Administrator
shall, to the extent practicable and consistent with other laws,
solicit the advice of experts outside of the Administration.

Sec. 30308. Cost effectiveness calculations

(a) Definitions.--In this section:
(1) Commercial provider.--The term ``commercial provider'' means
any person providing space transportation services or other space-
related activities, the primary control of which is held by persons
other than a Federal, State, local, or foreign government.
(2) State.--The term ``State'' means each of the several States
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
(b) In General.--Except as otherwise required by law, in calculating
the cost effectiveness of the cost of the Administration engaging in an
activity as compared to a commercial provider, the Administrator shall
compare the cost of the Administration engaging in the activity using
full cost accounting principles with the price the commercial provider
will charge for such activity.

Sec. 30309. Use of abandoned and underutilized buildings, grounds, and
facilities

(a) Definition of Depressed Communities.--In this section, the term
``depressed communities'' means rural and urban communities that are
relatively depressed, in terms of age of housing, extent of poverty,
growth of per capita income, extent of unemployment, job lag, or
surplus labor.
(b) In General.--In any case in which the Administrator considers the
purchase, lease, or expansion of a facility to meet requirements of the
Administration, the Administrator shall consider whether those
requirements could be met by the use of one of the following:
(1) Abandoned or underutilized buildings, grounds, and facilities
in depressed communities that can be converted to Administration
usage at a reasonable cost, as determined by the Administrator.
(2) Any military installation that is closed or being closed, or
any facility at such an installation.
(3) Any other facility or part of a facility that the
Administrator determines to be--
(A) owned or leased by the United States for the use of
another agency of the Federal Government; and
(B) considered by the head of the agency involved to be--
(i) excess to the needs of that agency; or
(ii) underutilized by that agency.

Sec. 30310. Exception to alternative fuel procurement requirement

Section 526(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17142(a)) does not prohibit the Administration from entering
into a contract to purchase a generally available fuel that is not an
alternative or synthetic fuel or predominantly produced from a
nonconventional petroleum source, if--
(1) the contract does not specifically require the contractor to
provide an alternative or synthetic fuel or fuel from a
nonconventional petroleum source;
(2) the purpose of the contract is not to obtain an alternative
or synthetic fuel or fuel from a nonconventional petroleum source;
and
(3) the contract does not provide incentives for a refinery
upgrade or expansion to allow a refinery to use or increase its use
of fuel from a nonconventional petroleum source.

CHAPTER 305--MANAGEMENT AND REVIEW

Sec.
30501.  Lessons learned and best practices.
30502.  Whistleblower protection.
30503.  Performance assessments.
30504.  Assessment of science mission extensions.

Sec. 30501. Lessons learned and best practices

(a) In General.--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 an
implementation plan describing the Administration's approach for
obtaining, implementing, and sharing lessons learned and best practices
for its major programs and projects not later than 180 days after
December 30, 2005. The implementation plan shall be updated and
maintained to ensure that it is current and consistent with the
burgeoning culture of learning and safety that is emerging at the
Administration.
(b) Required Content.--The implementation plan shall contain at a
minimum the lessons learned and best practices requirements for the
Administration, the organizations or positions responsible for
enforcement of the requirements, the reporting structure, and the
objective performance measures indicating the effectiveness of the
activity.
(c) Incentives.--The Administrator shall provide incentives to
encourage sharing and implementation of lessons learned and best
practices by employees, projects, and programs, as well as penalties
for programs and projects that are determined not to have demonstrated
use of those resources.

Sec. 30502. Whistleblower protection

(a) In General.--Not later than 1 year after December 30, 2005, 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 plan describing steps to be taken by
the Administration to protect from retaliation Administration employees
who raise concerns about substantial and specific dangers to public
health and safety or about substantial and specific factors that could
threaten the success of a mission. The plan shall be designed to ensure
that Administration employees have the full protection required by law.
The Administrator shall implement the plan not more than 1 year after
its transmittal.
(b) Goal.--The Administrator shall ensure that the plan describes a
system that will protect employees who wish to raise or have raised
concerns described in subsection (a).
(c) Plan.--At a minimum, the plan shall include, consistent with
Federal law--
(1) a reporting structure that ensures that the officials who are
the subject of a whistleblower's complaint will not learn the
identity of the whistleblower;
(2) a single point to which all complaints can be made without
fear of retribution;
(3) procedures to enable the whistleblower to track the status of
the case;
(4) activities to educate employees about their rights as
whistleblowers and how they are protected by law;
(5) activities to educate employees about their obligations to
report concerns and their accountability before and after receiving
the results of the investigations into their concerns; and
(6) activities to educate all appropriate Administration Human
Resources professionals, and all Administration managers and
supervisors, regarding personnel laws, rules, and regulations.
(d) Report.--Not later than February 15 of each year beginning
February 15, 2007, the Administrator shall transmit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the concerns described in subsection (a) that were raised during the
previous fiscal year. At a minimum, the report shall provide--
(1) the number of concerns that were raised, divided into the
categories of safety and health, mission assurance, and
mismanagement, and the disposition of those concerns, including
whether any employee was disciplined as a result of a concern
having been raised; and
(2) any recommendations for reforms to further prevent
retribution against employees who raise concerns.

Sec. 30503. Performance assessments

(a) In General.--The performance of each division in the Science
directorate of the Administration shall be reviewed and assessed by the
National Academy of Sciences at 5-year intervals.
(b) Timing.--Beginning with the first fiscal year following December
30, 2005, the Administrator shall select at least one division for
review under this section. The Administrator shall select divisions so
that all disciplines will have received their first review within 6
fiscal years of December 30, 2005.
(c) Reports.--Not later than March 1 of each year, beginning with the
first fiscal year after December 30, 2005, the Administrator shall
transmit a report to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) setting forth in detail the results of any external review
under subsection (a);
(2) setting forth in detail actions taken by the Administration
in response to any external review; and
(3) including a summary of findings and recommendations from any
other relevant external reviews of the Administration's science
mission priorities and programs.

Sec. 30504. Assessment of science mission extensions

(a) Assessment.--The Administrator shall carry out biennial reviews
within each of the Science divisions to assess the cost and benefits of
extending the date of the termination of data collection for those
missions that have exceeded their planned mission lifetime.
(b) Consultation and Consideration of Potential Benefits of
Instruments on Missions.--For those missions that have an operational
component, the National Oceanic and Atmospheric Administration or any
other affected agency shall be consulted and the potential benefits of
instruments on missions that are beyond their planned mission lifetime
taken into account.

CHAPTER 307--INTERNATIONAL COOPERATION AND COMPETITION

Sec.
30701.  Competitiveness and international cooperation.
30702.  Foreign contract limitation.
30703.  Foreign launch vehicles.
30704.  Offshore performance of contracts for the procurement of goods
and services.

Sec. 30701. Competitiveness and international cooperation

(a) Limitation.--
(1) Solicitation of comment.--As part of the evaluation of the
costs and benefits of entering into an obligation to conduct a
space mission in which a foreign entity will participate as a
supplier of the spacecraft, spacecraft system, or launch system,
the Administrator shall solicit comment on the potential impact of
such participation through notice published in Commerce Business
Daily at least 45 days before entering into such an obligation.
(2) Agreements with people's republic of china.--The
Administrator shall certify to Congress at least 15 days in advance
of any cooperative agreement with the People's Republic of China,
or any company owned by the People's Republic of China or
incorporated under the laws of the People's Republic of China,
involving spacecraft, spacecraft systems, launch systems, or
scientific or technical information, that--
(A) the agreement is not detrimental to the United States
space launch industry; and
(B) the agreement, including any indirect technical benefit
that could be derived from the agreement, will not improve the
missile or space launch capabilities of the People's Republic
of China.
(3) Annual audit.--The Inspector General of the Administration,
in consultation with appropriate agencies, shall conduct an annual
audit of the policies and procedures of the Administration with
respect to the export of technologies and the transfer of
scientific and technical information, to assess the extent to which
the Administration is carrying out its activities in compliance
with Federal export control laws and with paragraph (2).
(b) National Interests.--
(1) Definition of united states commercial provider.--In this
subsection, the term ``United States commercial provider'' means a
commercial provider (as defined in section 30308(a) of this title),
organized under the laws of the United States or of a State (as
defined in section 30308(a) of this title), which is--
(A) more than 50 percent owned by United States nationals; or
(B) a subsidiary of a foreign company and the Secretary of
Commerce finds that--
(i) such subsidiary has in the past evidenced a
substantial commitment to the United States market
through--

(I) investments in the United States in long-term
research, development, and manufacturing (including the
manufacture of major components and subassemblies); and
(II) significant contributions to employment in the
United States; and

(ii) the country or countries in which such foreign
company is incorporated or organized, and, if appropriate,
in which it principally conducts its business, affords
reciprocal treatment to companies described in subparagraph
(A) comparable to that afforded to such foreign company's
subsidiary in the United States, as evidenced by--

(I) providing comparable opportunities for companies
described in subparagraph (A) to participate in
Government sponsored research and development similar
to that authorized under this section, section 30307,
30308, 30309, or 30702 of this title, or the National
Aeronautics and Space Administration Authorization Act
of 2000 (Public Law 106-391, 114 Stat. 1577);
(II) providing no barriers to companies described in
subparagraph (A) with respect to local investment
opportunities that are not provided to foreign
companies in the United States; and
(III) providing adequate and effective protection for
the intellectual property rights of companies described
in subparagraph (A).

(2) In general.--Before entering into an obligation described in
subsection (a), the Administrator shall consider the national
interests of the United States described in paragraph (3) of this
subsection.
(3) Description of national interests.--International cooperation
in space exploration and science activities most effectively serves
the United States national interest when it--
(A)(i) reduces the cost of undertaking missions the United
States Government would pursue unilaterally;
(ii) enables the United States to pursue missions that it
could not otherwise afford to pursue unilaterally; or
(iii) enhances United States capabilities to use and develop
space for the benefit of United States citizens;
(B) is undertaken in a manner that is sensitive to the desire
of United States commercial providers to develop or explore
space commercially;
(C) is consistent with the need for Federal agencies to use
space to complete their missions; and
(D) is carried out in a manner consistent with United States
export control laws.

Sec. 30702. Foreign contract limitation

The Administration shall not enter into any agreement or contract
with a foreign government that grants the foreign government the right
to recover profit in the event that the agreement or contract is
terminated.

Sec. 30703. Foreign launch vehicles

(a) Accord With Space Transportation Policy.--The Administration
shall not launch a payload on a foreign launch vehicle except in
accordance with the Space Transportation Policy announced by the
President on December 21, 2004. This subsection shall not be construed
to prevent the President from waiving the Space Transportation Policy.
(b) Interagency Coordination.--The Administration shall not launch a
payload on a foreign launch vehicle unless the Administration commenced
the interagency coordination required by the Space Transportation
Policy announced by the President on December 21, 2004, at least 90
days before entering into a development contract for the payload.
(c) Application.--This section shall not apply to any payload for
which development has begun prior to December 30, 2005, including the
James Webb Space Telescope.

Sec. 30704. Offshore performance of contracts for the procurement of
goods and services

The Administrator shall submit to Congress, not later than 120 days
after the end of each fiscal year, a report on the contracts and
subcontracts performed overseas and the amount of purchases directly or
indirectly by the Administration from foreign entities in that fiscal
year. The report shall separately indicate--
(1) the contracts and subcontracts and their dollar values for
which the Administrator determines that essential goods or services
under the contract are available only from a source outside the
United States; and
(2) the items and their dollar values for which the Buy American
Act (41 U.S.C. 10a et seq.) was waived pursuant to obligations of
the United States under international agreements.

CHAPTER 309--AWARDS

Sec.
30901.  Congressional Space Medal of Honor.
30902.  Charles ``Pete'' Conrad Astronomy Awards.

Sec. 30901. Congressional Space Medal of Honor

(a) Authority To Award.--The President may award, and present in the
name of Congress, a medal of appropriate design, which shall be known
as the Congressional Space Medal of Honor, to any astronaut who in the
performance of the astronaut's duties has distinguished himself or
herself by exceptionally meritorious efforts and contributions to the
welfare of the Nation and of humankind.
(b) Appropriations.--There is authorized to be appropriated from time
to time such sums of money as may be necessary to carry out the
purposes of this section.

Sec. 30902. Charles ``Pete'' Conrad Astronomy Awards

(a) Short Title.--This section may be cited as the ``Charles `Pete'
Conrad Astronomy Awards Act''.
(b) Definitions.--In this section:
(1) Amateur astronomer.--The term ``amateur astronomer'' means an
individual whose employer does not provide any funding, payment, or
compensation to the individual for the observation of asteroids and
other celestial bodies, and does not include any individual
employed as a professional astronomer.
(2) Minor planet center.--The term ``Minor Planet Center'' means
the Minor Planet Center of the Smithsonian Astrophysical
Observatory.
(3) Near-earth asteroid.--The term ``near-Earth asteroid'' means
an asteroid with a perihelion distance of less than 1.3
Astronomical Units from the Sun.
(4) Program.--The term ``Program'' means the Charles ``Pete''
Conrad Astronomy Awards Program established under subsection (c).
(c) Charles ``Pete'' Conrad Astronomy Awards Program.--
(1) In general.--The Administrator shall establish the Charles
``Pete'' Conrad Astronomy Awards Program.
(2) Awards.--The Administrator shall make awards under the
Program based on the recommendations of the Minor Planet Center.
(3) Award categories.--The Administrator shall make one annual
award, unless there are no eligible discoveries or contributions,
for each of the following categories:
(A) Discovery of brightest near-earth asteroid.--The amateur
astronomer or group of amateur astronomers who in the preceding
calendar year discovered the intrinsically brightest near-Earth
asteroid among the near-Earth asteroids that were discovered
during that year by amateur astronomers or groups of amateur
astronomers.
(B) Greatest contribution to cataloguing near-earth
asteroids.--The amateur astronomer or group of amateur
astronomers who made the greatest contribution to the Minor
Planet Center's mission of cataloguing near-Earth asteroids
during the preceding year.
(4) Award amount.--An award under the Program shall be in the
amount of $3,000.
(5) Guidelines.--
(A) Citizen or permanent resident.--No individual who is not
a citizen or permanent resident of the United States at the
time of the individual's discovery or contribution may receive
an award under this section.
(B) Finality.--The decisions of the Administrator in making
awards under this section are final.

CHAPTER 311--SAFETY

Sec.
31101.  Aerospace Safety Advisory Panel.
31102.  Drug and alcohol testing.

Sec. 31101. Aerospace Safety Advisory Panel

(a) Establishment and Members.--There is established an Aerospace
Safety Advisory Panel consisting of a maximum of 9 members who shall be
appointed by the Administrator for terms of 6 years each. Not more than
4 such members shall be chosen from among the officers and employees of
the Administration.
(b) Chairman.--One member shall be designated by the Panel as its
Chairman.
(c) Duties.--The Panel shall--
(1) review safety studies and operations plans referred to it,
including evaluating the Administration's compliance with the
return-to-flight and continue-to-fly recommendations of the
Columbia Accident Investigation Board, and make reports thereon;
(2) advise the Administrator and Congress with respect to--
(A) the hazards of proposed or existing facilities and
proposed operations;
(B) the adequacy of proposed or existing safety standards;
and
(C) management and culture related to safety; and
(3) perform such other duties as the Administrator may request.
(d) Compensation and Expenses.--
(1) Compensation.--
(A) Federal officers and employees.--A member of the Panel
who is an officer or employee of the Federal Government shall
receive no compensation for the member's services as such.
(B) Members appointed from outside the federal government.--A
member of the Panel appointed from outside the Federal
Government shall receive compensation, at a rate not to exceed
the per diem rate equivalent to the maximum rate payable under
section 5376 of title 5, for each day the member is engaged in
the actual performance of duties vested in the Panel.
(2) Expenses.--A member of the Panel shall be allowed necessary
travel expenses (or in the alternative, mileage for use of a
privately owned vehicle and a per diem in lieu of subsistence not
to exceed the rate and amount prescribed in sections 5702 and 5704
of title 5), and other necessary expenses incurred by the member in
the performance of duties vested in the Panel, without regard to
the provisions of subchapter I of chapter 57 of title 5, the
Standardized Government Travel Regulations, or section 5731 of
title 5.
(e) Annual Report.--The Panel shall submit an annual report to the
Administrator and to Congress. In the first annual report submitted
after December 30, 2005, the Panel shall include an evaluation of the
Administration's management and culture related to safety. Each annual
report shall include an evaluation of the Administration's compliance
with the recommendations of the Columbia Accident Investigation Board
through retirement of the space shuttle.

Sec. 31102. Drug and alcohol testing

(a) Definition of Controlled Substance.--In this section, the term
``controlled substance'' means any substance under section 102(6) of
the Controlled Substances Act (21 U.S.C. 802(6)) specified by the
Administrator.
(b) Testing Program.--
(1) Employees of administration.--The Administrator shall
establish a program applicable to employees of the Administration
whose duties include responsibility for safety-sensitive, security,
or national security functions. Such program shall provide for
preemployment, reasonable suspicion, random, and post-accident
testing for use, in violation of applicable law or Federal
regulation, of alcohol or a controlled substance. The Administrator
may also prescribe regulations, as the Administrator considers
appropriate in the interest of safety, security, and national
security, for the conduct of periodic recurring testing of such
employees for such use in violation of applicable law or Federal
regulation.
(2) Employees of contractors.--The Administrator shall, in the
interest of safety, security, and national security, prescribe
regulations. Such regulations shall establish a program that
requires Administration contractors to conduct preemployment,
reasonable suspicion, random, and post-accident testing of
contractor employees responsible for safety-sensitive, security, or
national security functions (as determined by the Administrator)
for use, in violation of applicable law or Federal regulation, of
alcohol or a controlled substance. The Administrator may also
prescribe regulations, as the Administrator considers appropriate
in the interest of safety, security, and national security, for the
conduct of periodic recurring testing of such employees for such
use in violation of applicable law or Federal regulation.
(3) Suspension, disqualification, or dismissal.--In prescribing
regulations under the programs required by this subsection, the
Administrator shall require, as the Administrator considers
appropriate, the suspension, disqualification, or dismissal of any
employee to which paragraph (1) or (2) applies, in accordance with
the provisions of this section, in any instance where a test
conducted and confirmed under this section indicates that such
employee has used, in violation of applicable law or Federal
regulation, alcohol or a controlled substance.
(c) Prohibition on Service.--
(1) Prohibition unless program of rehabilitation completed.--No
individual who is determined by the Administrator under this
section to have used, in violation of applicable law or Federal
regulation, alcohol or a controlled substance after December 9,
1991, shall serve as an Administration employee with responsibility
for safety-sensitive, security, or national security functions (as
determined by the Administrator), or as an Administration
contractor employee with such responsibility, unless such
individual has completed a program of rehabilitation described in
subsection (d).
(2) Unconditional prohibition.--Any such individual determined by
the Administrator under this section to have used, in violation of
applicable law or Federal regulation, alcohol or a controlled
substance after December 9, 1991, shall not be permitted to perform
the duties that the individual performed prior to the date of the
determination, if the individual--
(A) engaged in such use while on duty;
(B) prior to such use had undertaken or completed a
rehabilitation program described in subsection (d);
(C) following such determination refuses to undertake such a
rehabilitation program; or
(D) following such determination fails to complete such a
rehabilitation program.
(d) Program for Rehabilitation.--
(1) Regulations and availability of program for contractor
employees.--The Administrator shall prescribe regulations setting
forth requirements for rehabilitation programs which at a minimum
provide for the identification and opportunity for treatment of
employees referred to in subsection (b) in need of assistance in
resolving problems with the use, in violation of applicable law or
Federal regulation, of alcohol or a controlled substance. Each
contractor is encouraged to make such a program available to all of
its employees in addition to those employees referred to in
subsection (b)(2). The Administrator shall determine the
circumstances under which such employees shall be required to
participate in such a program. Nothing in this subsection shall
preclude any Administration contractor from establishing a program
under this subsection in cooperation with any other such
contractor.
(2) Establishment and maintenance of program for administration
employees.--The Administrator shall establish and maintain a
rehabilitation program which at a minimum provides for the
identification and opportunity for treatment of those employees of
the Administration whose duties include responsibility for safety-
sensitive, security, or national security functions who are in need
of assistance in resolving problems with the use of alcohol or
controlled substances.
(e) Procedures for Testing.--In establishing the programs required
under subsection (b), the Administrator shall develop requirements
which shall--
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimen samples;
(2) with respect to laboratories and testing procedures for
controlled substances, incorporate the Department of Health and
Human Services scientific and technical guidelines dated April 11,
1988, and any subsequent amendments thereto, including mandatory
guidelines which--
(A) establish comprehensive standards for all aspects of
laboratory controlled substances testing and laboratory
procedures to be applied in carrying out this section,
including standards which require the use of the best available
technology for ensuring the full reliability and accuracy of
controlled substances tests and strict procedures governing the
chain of custody of specimen samples collected for controlled
substances testing;
(B) establish the minimum list of controlled substances for
which individuals may be tested; and
(C) establish appropriate standards and procedures for
periodic review of laboratories and criteria for certification
and revocation of certification of laboratories to perform
controlled substances testing in carrying out this section;
(3) require that all laboratories involved in the controlled
substances testing of any individual under this section shall have
the capability and facility, at such laboratory, of performing
screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation
of applicable law or Federal regulation, of alcohol or a controlled
substance by any individual shall be confirmed by a scientifically
recognized method of testing capable of providing quantitative data
regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured, and
labelled in the presence of the tested individual and that a
portion thereof be retained in a secure manner to prevent the
possibility of tampering, so that in the event the individual's
confirmation test results are positive the individual has an
opportunity to have the retained portion assayed by a confirmation
test done independently at a second certified laboratory if the
individual requests the independent test within 3 days after being
advised of the results of the initial confirmation test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including urine
and blood, through the development of regulations as may be
necessary and in consultation with the Department of Health and
Human Services;
(7) provide for the confidentiality of test results and medical
information of employees; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
harassed by being treated differently from other employees in
similar circumstances.
(f) Effect on Other Laws and Regulations.--
(1) Consistency with federal regulation.--No State or local
government shall adopt or have in effect any law, rule, regulation,
ordinance, standard, or order that is inconsistent with the
regulations promulgated under this section.
(2) Continuance of regulations issued before december 9, 1991.--
Nothing in this section shall be construed to restrict the
discretion of the Administrator to continue in force, amend, or
further supplement any regulations issued before December 9, 1991,
that govern the use of alcohol and controlled substances by
Administration employees with responsibility for safety-sensitive,
security, and national security functions (as determined by the
Administrator), or by Administration contractor employees with such
responsibility.

CHAPTER 313--HEALTHCARE

Sec.
31301.  Healthcare program.
31302.  Astronaut healthcare survey.

Sec. 31301. Healthcare program

The Administrator shall develop a plan to better understand the
longitudinal health effects of space flight on humans. In the
development of the plan, the Administrator shall consider the need for
the establishment of a lifetime healthcare program for Administration
astronauts and their families or other methods to obtain needed health
data from astronauts and retired astronauts.

Sec. 31302. Astronaut healthcare survey

(a) Survey.--The Administrator shall administer an anonymous survey
of astronauts and flight surgeons to evaluate communication,
relationships, and the effectiveness of policies. The survey questions
and the analysis of results shall be evaluated by experts independent
of the Administration. The survey shall be administered on at least a
biennial basis.
(b) Report.--The Administrator shall transmit a report of the results
of the survey to Congress not later than 90 days following completion
of the survey.

CHAPTER 315--MISCELLANEOUS

Sec.
31501.  Orbital debris.
31502.  Maintenance of facilities.
31503.  Laboratory productivity.
31504.  Cooperative unmanned aerial vehicle activities.
31505.  Development of enhanced-use lease policy.

Sec. 31501. Orbital debris

The Administrator, in conjunction with the heads of other Federal
agencies, shall take steps to develop or acquire technologies that will
enable the Administration to decrease the risks associated with orbital
debris.

Sec. 31502. Maintenance of facilities

In order to sustain healthy Centers that are capable of carrying out
the Administration's missions, the Administrator shall ensure that
adequate maintenance and upgrading of those Center facilities is
performed on a regular basis.

Sec. 31503. Laboratory productivity

The Administration's laboratories are a critical component of the
Administration's research capabilities, and the Administrator shall
ensure that those laboratories remain productive.

Sec. 31504. Cooperative unmanned aerial vehicle activities

The Administrator, in cooperation with the Administrator of the
National Oceanic and Atmospheric Administration and in coordination
with other agencies that have existing civil capabilities, shall
continue to utilize the capabilities of unmanned aerial vehicles as
appropriate in support of Administration and interagency cooperative
missions. The Administrator may enter into cooperative agreements with
universities with unmanned aerial vehicle programs and related assets
to conduct collaborative research and development activities, including
development of appropriate applications of small unmanned aerial
vehicle technologies and systems in remote areas.

Sec. 31505. Development of enhanced-use lease policy

(a) In General.--The Administrator shall develop an agency-wide
enhanced-use lease policy that--
(1) is based upon sound business practices and lessons learned
from the demonstration centers; and
(2) establishes controls and procedures to ensure accountability
and protect the interests of the Government.
(b) Contents.--The policy required by subsection (a) shall include
the following:
(1) Criteria for determining economic value.--Criteria for
determining whether enhanced-use lease provides better economic
value to the Government than other options, such as--
(A) Federal financing through appropriations; or
(B) sale of the property.
(2) Security and access.--Requirement for the identification of
proposed physical and procedural changes needed to ensure security
and restrict access to specified areas, coordination of proposed
changes with existing site tenants, and development of estimated
costs of such changes.
(3) Measures of effectiveness.--Measures of effectiveness for the
enhanced-use lease program.
(4) Accounting controls.--Accounting controls and procedures to
ensure accountability, such as an audit trail and documentation to
readily support financial transactions.

Subtitle IV--Aeronautics and Space Research and Education

CHAPTER 401--AERONAUTICS

SUBCHAPTER I--GENERAL

Sec.
40101.  Definition of institution of higher education.
40102.  Governmental interest in aeronautics research and development.
40103.  Cooperation with other agencies on aeronautics activities.
40104.  Cooperation among Mission Directorates.

SUBCHAPTER II--HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS

40111.  Fundamental research program.
40112.  Research and technology programs.
40113.  Airspace systems research.
40114.  Aviation safety and security research.
40115.  Aviation weather research.
40116.  University-based Centers for Research on Aviation Training.

SUBCHAPTER III--SCHOLARSHIPS

40131.  Aeronautics scholarships.

SUBCHAPTER IV--DATA REQUESTS

40141.  Aviation data requests.

SUBCHAPTER I--GENERAL

Sec. 40101. Definition of institution of higher education

In this chapter, the term ``institution of higher education'' has the
meaning given the term by section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).

Sec. 40102. Governmental interest in aeronautics research and
development

Congress reaffirms the national commitment to aeronautics research
made in chapter 201 of this title. Aeronautics research and development
remains a core mission of the Administration. The Administration is the
lead agency for civil aeronautics research. Further, the government of
the United States shall promote aeronautics research and development
that will expand the capacity, ensure the safety, and increase the
efficiency of the Nation's air transportation system, promote the
security of the Nation, protect the environment, and retain the
leadership of the United States in global aviation.

Sec. 40103. Cooperation with other agencies on aeronautics activities

The Administrator shall coordinate, as appropriate, the
Administration's aeronautics activities with relevant programs in the
Department of Transportation, the Department of Defense, the Department
of Commerce, and the Department of Homeland Security, including the
activities of the Next Generation Air Transportation System Joint
Planning and Development Office established under section 709 of the
Vision 100--Century of Aviation Reauthorization Act (Public Law 108-
176, 49 U.S.C. 40101 note).

Sec. 40104. Cooperation among Mission Directorates

Research and development activities performed by the Aeronautics
Research Mission Directorate with the primary objective of assisting in
the development of a flight project in another Mission Directorate
shall be funded by the Mission Directorate seeking assistance.

SUBCHAPTER II--HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS

Sec. 40111. Fundamental research program

(a) Objective.--In order to ensure that the Nation maintains needed
capabilities in fundamental areas of aeronautics research, the
Administrator shall establish a program of long-term fundamental
research in aeronautical sciences and technologies that is not tied to
specific development projects.
(b) Operation.--The Administrator shall conduct the program under
this section, in part by awarding grants to institutions of higher
education. The Administrator shall encourage the participation of
institutions of higher education located in States that participate in
the Experimental Program to Stimulate Competitive Research. All grants
to institutions of higher education under this section shall be awarded
through merit review.

Sec. 40112. Research and technology programs

(a) Supersonic Transport Research and Development.--The Administrator
may establish an initiative with the objective of developing and
demonstrating, in a relevant environment, airframe and propulsion
technologies to enable efficient, economical overland flight of
supersonic civil transport aircraft with no significant impact on the
environment.
(b) Rotorcraft and Other Runway-Independent Air Vehicles.--The
Administrator may establish a rotorcraft and other runway-independent
air vehicles initiative with the objective of developing and
demonstrating improved safety, noise, and environmental impact in a
relevant environment.
(c) Hypersonics Research.--The Administrator may establish a
hypersonics research program with the objective of exploring the
science and technology of hypersonic flight using air-breathing
propulsion concepts, through a mix of theoretical work, basic and
applied research, and development of flight research demonstration
vehicles. The program may also include the transition to the hypersonic
range of Mach 3 to Mach 5.
(d) Revolutionary Aeronautical Concepts.--The Administrator may
establish a research program which covers a unique range of subsonic,
fixed wing vehicles and propulsion concepts. This research is intended
to push technology barriers beyond current subsonic technology.
Propulsion concepts include advanced materials, morphing engines,
hybrid engines, and fuel cells.
(e) Fuel Cell-Powered Aircraft Research.--
(1) Objective.--The Administrator may establish a fuel cell-
powered aircraft research program whose objective shall be to
develop and test concepts to enable a hydrogen fuel cell-powered
aircraft that would have no hydrocarbon or nitrogen oxide emissions
into the environment.
(2) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of researchers that
may include the participation of individuals from universities,
industry, and government for the conduct of this research.
(f) Mars Aircraft Research.--
(1) Objective.--The Administrator may establish a Mars Aircraft
project whose objective shall be to develop and test concepts for
an uncrewed aircraft that could operate for sustained periods in
the atmosphere of Mars.
(2) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of researchers that
may include the participation of individuals from universities,
industry, and government for the conduct of this research.

Sec. 40113. Airspace systems research

(a) Objective.--The Airspace Systems Research program shall pursue
research and development to enable revolutionary improvements to and
modernization of the National Airspace System, as well as to enable the
introduction of new systems for vehicles that can take advantage of an
improved, modern air transportation system.
(b) Alignment.--Not later than 1 year after December 30, 2005, the
Administrator shall align the projects of the Airspace Systems Research
program so that they directly support the objectives of the Joint
Planning and Development Office's Next Generation Air Transportation
System Integrated Plan.

Sec. 40114. Aviation safety and security research

(a) Objective.--The Aviation Safety and Security Research program
shall pursue research and development activities that directly address
the safety and security needs of the National Airspace System and the
aircraft that fly in it. The program shall develop prevention,
intervention, and mitigation technologies aimed at causal,
contributory, or circumstantial factors of aviation accidents.
(b) Alignment.--Not later than 1 year after December 30, 2005, the
Administrator shall align the projects of the Aviation Safety and
Security Research program so that they directly support the objectives
of the Joint Planning and Development Office's Next Generation Air
Transportation System Integrated Plan.

Sec. 40115. Aviation weather research

The Administrator may carry out a program of collaborative research
with the National Oceanic and Atmospheric Administration on convective
weather events, with the goal of significantly improving the
reliability of 2-hour to 6-hour aviation weather forecasts.

Sec. 40116. University-based Centers for Research on Aviation Training

(a) In General.--The Administrator shall award grants to institutions
of higher education (or consortia thereof) to establish one or more
Centers for Research on Aviation Training under cooperative agreements
with appropriate Administration Centers.
(b) Purpose.--The purpose of the Centers for Research on Aviation
Training shall be to investigate the impact of new technologies and
procedures, particularly those related to the aircraft flight deck and
to the air traffic management functions, on training requirements for
pilots and air traffic controllers.
(c) Application.--An institution of higher education (or a consortium
of such institutions) seeking funding under this section shall submit
an application to the Administrator at such time, in such manner, and
containing such information as the Administrator may require,
including, at a minimum, a 5-year research plan.
(d) Award Duration.--An award made by the Administrator under this
section shall be for a period of 5 years and may be renewed on the
basis of--
(1) satisfactory performance in meeting the goals of the research
plan proposed in the application submitted under subsection (c);
and
(2) other requirements as specified by the Administrator.

SUBCHAPTER III--SCHOLARSHIPS

Sec. 40131. Aeronautics scholarships

(a) Establishment.--The Administrator shall establish a program of
scholarships for full-time graduate students who are United States
citizens and are enrolled in, or have been accepted by and have
indicated their intention to enroll in, accredited Masters degree
programs in aeronautical engineering or equivalent programs at
institutions of higher education. Each such scholarship shall cover the
costs of room, board, tuition, and fees, and may be provided for a
maximum of 2 years.
(b) Implementation.--Not later than 180 days after December 30, 2005,
the Administrator shall publish regulations governing the scholarship
program under this section.
(c) Cooperative Training Opportunities.--Students who have been
awarded a scholarship under this section shall have the opportunity for
paid employment at one of the Administration Centers engaged in
aeronautics research and development during the summer prior to the
first year of the student's Masters program, and between the first and
second year, if applicable.

SUBCHAPTER IV--DATA REQUESTS

Sec. 40141. Aviation data requests

The Administrator shall make available upon request satellite imagery
and aerial photography of remote terrain that the Administration owns
at the time of the request to the Administrator of the Federal Aviation
Administration or the Director of the Five Star Medallion Program, to
assist and train pilots in navigating challenging topographical
features of such terrain.

CHAPTER 403--NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

Sec.
40301.  Purposes.
40302.  Definitions.
40303.  National space grant college and fellowship program.
40304.  Grants or contracts.
40305.  Specific national needs.
40306.  Space grant college and space grant regional consortium.
40307.  Space grant fellowship program.
40308.  Space grant review panel.
40309.  Availability of other Federal personnel and data.
40310.  Designation or award to be on competitive basis.
40311.  Continuing emphasis.

Sec. 40301. Purposes

The purposes of this chapter are to--
(1) increase the understanding, assessment, development, and
utilization of space resources by promoting a strong educational
base, responsive research and training activities, and broad and
prompt dissemination of knowledge and techniques;
(2) utilize the abilities and talents of the universities of the
Nation to support and contribute to the exploration and development
of the resources and opportunities afforded by the space
environment;
(3) encourage and support, within the university community of the
Nation, the existence of interdisciplinary and multidisciplinary
programs of space research that--
(A) engage in integrated activities of training, research,
and public service;
(B) have cooperative programs with industry; and
(C) are coordinated with the overall program of the
Administration;
(4) encourage and support the existence of consortia, made up of
university and industry members, in order to advance the
exploration and development of space resources in cases in which
national objectives can be better fulfilled through such consortia
than through the programs of single universities;
(5) encourage and support Federal funding for graduate
fellowships in fields related to space; and
(6) support activities in colleges and universities generally for
the purpose of creating and operating a network of institutional
programs that will enhance achievements resulting from efforts
under this chapter.

Sec. 40302. Definitions

In this chapter:
(1) Aeronautical and space activities.--The term ``aeronautical
and space activities'' has the meaning given the term in section
20103 of this title.
(2) Field related to space.--The term ``field related to space''
means any academic discipline or field of study (including the
physical, natural, and biological sciences, and engineering, space
technology, education, economics, sociology, communications,
planning, law, international affairs, and public administration)
which is concerned with or likely to improve the understanding,
assessment, development, and utilization of space.
(3) Panel.--The term ``panel'' means the space grant review panel
established pursuant to section 40308 of this title.
(4) Person.--The term ``person'' means any individual, any public
or private corporation, partnership, or other association or entity
(including any space grant college, space grant regional
consortium, institution of higher education, institute, or
laboratory), or any State, political subdivision of a State, or
agency or officer of a State or political subdivision of a State.
(5) Space environment.--The term ``space environment'' means the
environment beyond the sensible atmosphere of the Earth.
(6) Space grant college.--The term ``space grant college'' means
any public or private institution of higher education which is
designated as such by the Administrator pursuant to section 40306
of this title.
(7) Space grant program.--The term ``space grant program'' means
any program that--
(A) is administered by any space grant college, space grant
regional consortium, institution of higher education,
institute, laboratory, or State or local agency; and
(B) includes 2 or more projects involving education and one
or more of the following activities in the fields related to
space:
(i) Research.
(ii) Training.
(iii) Advisory services.
(8) Space grant regional consortium.--The term ``space grant
regional consortium'' means any association or other alliance that
is designated as a space grant regional consortium by the
Administrator pursuant to section 40306 of this title.
(9) Space resource.--The term ``space resource'' means any
tangible or intangible benefit which can be realized only from--
(A) aeronautical and space activities; or
(B) advancements in any field related to space.
(10) State.--The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or any other territory or possession of
the United States.

Sec. 40303. National space grant college and fellowship program

(a) Establishment.--The Administrator shall establish and maintain,
within the Administration, a program to be known as the national space
grant college and fellowship program. The national space grant college
and fellowship program shall consist of the financial assistance and
other activities provided for in this chapter. The Administrator shall
establish long-range planning guidelines and priorities, and adequately
evaluate the program.
(b) Functions.--Within the Administration, the program shall--
(1) apply the long-range planning guidelines and the priorities
established by the Administrator under subsection (a);
(2) advise the Administrator with respect to the expertise and
capabilities which are available through the national space grant
college and fellowship program, and make such expertise available
to the Administration as directed by the Administrator;
(3) evaluate activities conducted under grants and contracts
awarded pursuant to sections 40304 and 40305 of this title to
ensure that the purposes set forth in section 40301 of this title
are implemented;
(4) encourage other Federal departments, agencies, and
instrumentalities to use and take advantage of the expertise and
capabilities which are available through the national space grant
college and fellowship program, on a cooperative or other basis;
(5) encourage cooperation and coordination with other Federal
programs concerned with the development of space resources and
fields related to space;
(6) advise the Administrator on the designation of recipients
supported by the national space grant college and fellowship
program and, in appropriate cases, on the termination or suspension
of any such designation; and
(7) encourage the formation and growth of space grant and
fellowship programs.
(c) General Authorities.--To carry out the provisions of this
chapter, the Administrator may--
(1) accept conditional or unconditional gifts or donations of
services, money, or property, real, personal or mixed, tangible or
intangible;
(2) accept and use funds from other Federal departments,
agencies, and instrumentalities to pay for fellowships, grants,
contracts, and other transactions; and
(3) issue such rules and regulations as may be necessary and
appropriate.

Sec. 40304. Grants or contracts

(a) Authority of Administrator.--The Administrator may make grants
and enter into contracts or other transactions under this subsection to
assist any space grant and fellowship program or project if the
Administrator finds that the program or project will carry out the
purposes set forth in section 40301 of this title. The total amount
paid pursuant to a grant or contract may equal not more than 66 percent
of the total cost of the space grant and fellowship program or project
involved, except in the case of grants or contracts paid for with funds
accepted by the Administrator pursuant to section 40303(c)(2) of this
title.
(b) Special Grants.--The Administrator may make special grants under
this subsection to carry out the purposes set forth in section 40301 of
this title. The amount of a special grant may equal up to 100 percent
of the total cost of the project involved. A special grant may be made
under this subsection only if the Administrator finds that--
(1) no reasonable means is available through which the applicant
can meet the matching requirement for a grant under subsection (a);
(2) the probable benefit of the project outweighs the public
interest in the matching requirement; and
(3) the same or equivalent benefit cannot be obtained through the
award of a contract or grant under subsection (a) or section 40305
of this title.
(c) Application.--Any person may apply to the Administrator for a
grant or contract under this section. Application shall be made in such
form and manner, and with such content and other submissions, as the
Administrator shall by regulation prescribe.
(d) Terms and Conditions.--
(1) In general.--Any grant made, or contract entered into, under
this section shall be subject to the limitations and provisions set
forth in paragraphs (2) and (3) and to such other terms,
conditions, and requirements as the Administrator considers
necessary or appropriate.
(2) Limitations.--No payment under any grant or contract under
this section may be applied to--
(A) the purchase of any land;
(B) the purchase, construction, preservation, or repair of
any building; or
(C) the purchase or construction of any launch facility or
launch vehicle.
(3) Leases.--Notwithstanding paragraph (2), the items in
subparagraphs (A), (B), and (C) of such paragraph may be leased
upon written approval of the Administrator.
(4) Records.--Any person that receives or utilizes any proceeds
of any grant or contract under this section shall keep such records
as the Administrator shall by regulation prescribe as being
necessary and appropriate to facilitate effective audit and
evaluation, including records which fully disclose the amount and
disposition by such recipient of such proceeds, the total cost of
the program or project in connection with which such proceeds were
used, and the amount, if any, of such cost which was provided
through other sources. Such records shall be maintained for 3 years
after the completion of such a program or project. The
Administrator and the Comptroller General of the United States, or
any of their duly authorized representatives, shall have access,
for the purpose of audit and evaluation, to any books, documents,
papers, and records of receipts which, in the opinion of the
Administrator or the Comptroller General, may be related or
pertinent to such grants and contracts.

Sec. 40305. Specific national needs

(a) Identification of Specific Needs and Grant-Making and Contracting
Authority.--The Administrator shall identify specific national needs
and problems relating to space. The Administrator may make grants or
enter into contracts under this section with respect to such needs or
problems. The amount of any such grant or contract may equal up to 100
percent of the total cost of the project involved.
(b) Applications for Grants or Contracts.--Any person may apply to
the Administrator for a grant or contract under this section. In
addition, the Administrator may invite applications with respect to
specific national needs or problems identified under subsection (a).
Application shall be made in such form and manner, and with such
content and other submissions, as the Administrator shall by regulation
prescribe. Any grant made, or contract entered into, under this section
shall be subject to the limitations and provisions set forth in
paragraphs (2) and (4) of section 40304(d) of this title and to such
other terms, conditions, and requirements as the Administrator
considers necessary or appropriate.

Sec. 40306. Space grant college and space grant regional consortium

(a) Designation and Qualifications.--
(1) Authority to designate.--The Administrator may designate--
(A) any institution of higher education as a space grant
college; and
(B) any association or other alliance of 2 or more persons,
other than individuals, as a space grant regional consortium.
(2) Space grant college requirements.--No institution of higher
education may be designated as a space grant college unless the
Administrator finds that such institution--
(A) is maintaining a balanced program of research, education,
training, and advisory services in fields related to space;
(B) will act in accordance with such guidelines as are
prescribed under subsection (b)(2); and
(C) meets such other qualifications as the Administrator
considers necessary or appropriate.
(3) Space grant regional consortium requirements.--No association
or other alliance of 2 or more persons may be designated as a space
grant regional consortium unless the Administrator finds that such
association or alliance--
(A) is established for the purpose of sharing expertise,
research, educational facilities or training facilities, and
other capabilities in order to facilitate research, education,
training, and advisory services in any field related to space;
(B) will encourage and follow a regional approach to solving
problems or meeting needs relating to space, in cooperation
with appropriate space grant colleges, space grant programs,
and other persons in the region;
(C) will act in accordance with such guidelines as are
prescribed under subsection (b)(2); and
(D) meets such other qualifications as the Administrator
considers necessary or appropriate.
(b) Qualifications and Guidelines.--The Administrator shall by
regulation prescribe--
(1) the qualifications required to be met under paragraphs (2)(C)
and (3)(D) of subsection (a); and
(2) guidelines relating to the activities and responsibilities of
space grant colleges and space grant regional consortia.
(c) Suspension or Termination of Designation.--The Administrator may,
for cause and after an opportunity for hearing, suspend or terminate
any designation under subsection (a).

Sec. 40307. Space grant fellowship program

(a) Award of Fellowships.--The Administrator shall support a space
grant fellowship program to provide educational and training assistance
to qualified individuals at the graduate level of education in fields
related to space. Such fellowships shall be awarded pursuant to
guidelines established by the Administrator. Space grant fellowships
shall be awarded to individuals at space grant colleges, space grant
regional consortia, other colleges and institutions of higher
education, professional associations, and institutes in such a manner
as to ensure wide geographic and institutional diversity in the pursuit
of research under the fellowship program.
(b) Limitation on Amount Provided.--The total amount which may be
provided for grants under the space grant fellowship program during any
fiscal year shall not exceed an amount equal to 50 percent of the total
funds appropriated for such year pursuant to this chapter.
(c) Authority To Sponsor Other Research Fellowship Programs
Unaffected.--Nothing in this section shall be construed to prohibit the
Administrator from sponsoring any research fellowship program,
including any special emphasis program, which is established under an
authority other than this chapter.

Sec. 40308. Space grant review panel

(a) Establishment.--The Administrator shall establish an independent
committee known as the space grant review panel, which shall not be
subject to the provisions of the Federal Advisory Committee Act (5 App.
U.S.C.).
(b) Duties.--The panel shall take such steps as may be necessary to
review, and shall advise the Administrator with respect to--
(1) applications or proposals for, and performance under, grants
and contracts awarded pursuant to sections 40304 and 40305 of this
title;
(2) the space grant fellowship program;
(3) the designation and operation of space grant colleges and
space grant regional consortia, and the operation of space grant
and fellowship programs;
(4) the formulation and application of the planning guidelines
and priorities pursuant to subsections (a) and (b)(1) of section
40303 of this title; and
(5) such other matters as the Administrator refers to the panel
for review and advice.
(c) Personnel and Administrative Services.--The Administrator shall
make available to the panel any information, personnel, and
administrative services and assistance which is reasonable to carry out
the duties of the panel.
(d) Members.--
(1) Appointment.--The Administrator shall appoint the voting
members of the panel. A majority of the voting members shall be
individuals who, by reason of knowledge, experience, or training,
are especially qualified in one or more of the disciplines and
fields related to space. The other voting members shall be
individuals who, by reason of knowledge, experience, or training,
are especially qualified in, or representative of, education,
extension services, State government, industry, economics,
planning, or any other activity related to efforts to enhance the
understanding, assessment, development, or utilization of space
resources. The Administrator shall consider the potential conflict
of interest of any individual in making appointments to the panel.
(2) Chairman and vice chairman.--The Administrator shall select
one voting member to serve as the Chairman and another voting
member to serve as the Vice Chairman. The Vice Chairman shall act
as Chairman in the absence or incapacity of the Chairman.
(3) Reimbursement for expenses.--Voting members of the panel who
are not Federal employees shall be reimbursed for actual and
reasonable expenses incurred in the performance of such duties.
(4) Meetings.--The panel shall meet on a biannual basis and, at
any other time, at the call of the Chairman or upon the request of
a majority of the voting members or of the Administrator.
(5) Powers.--The panel may exercise such powers as are reasonably
necessary in order to carry out the duties enumerated in subsection
(b).

Sec. 40309. Availability of other Federal personnel and data

Each department, agency, or other instrumentality of the Federal
Government that is engaged in or concerned with, or that has authority
over, matters relating to space--
(1) may, upon a written request from the Administrator, make
available, on a reimbursable basis or otherwise, any personnel
(with their consent and without prejudice to their position and
rating), service, or facility which the Administrator considers
necessary to carry out any provision of this chapter;
(2) may, upon a written request from the Administrator, furnish
any available data or other information which the Administrator
considers necessary to carry out any provision of this chapter; and
(3) may cooperate with the Administration.

Sec. 40310. Designation or award to be on competitive basis

The Administrator shall not under this chapter designate any space
grant college or space grant regional consortium or award any
fellowship, grant, or contract unless such designation or award is made
in accordance with the competitive, merit-based review process employed
by the Administration on October 30, 1987.

Sec. 40311. Continuing emphasis

The Administration shall continue its emphasis on the importance of
education to expand opportunities for Americans to understand and
participate in the Administration's aeronautics and space projects by
supporting and enhancing science and engineering education, research,
and public outreach efforts.

CHAPTER 405--BIOMEDICAL RESEARCH IN SPACE

Sec.
40501.  Biomedical research joint working group.
40502.  Biomedical research grants.
40503.  Biomedical research fellowships.
40504.  Establishment of electronic data archive.
40505.  Establishment of emergency medical service telemedicine
capability.

Sec. 40501. Biomedical research joint working group

(a) Establishment.--The Administrator and the Director of the
National Institutes of Health shall jointly establish a working group
to coordinate biomedical research activities in areas where a
microgravity environment may contribute to significant progress in the
understanding and treatment of diseases and other medical conditions.
The joint working group shall formulate joint and complementary
programs in such areas of research.
(b) Membership.--The joint working group shall include equal
representation from the Administration and the National Institutes of
Health, and shall include representation from National Institutes of
Health councils, as selected by the Director of the National Institutes
of Health, and from the National Aeronautics and Space Administration
Advisory Council.
(c) Annual Biomedical Research Symposia.--The joint working group
shall organize annual symposia on biomedical research described in
subsection (a) under the joint sponsorship of the Administration and
the National Institutes of Health.
(d) Annual Reporting Requirement.--The joint working group shall
report annually to Congress on its progress in carrying out this
section.

Sec. 40502. Biomedical research grants

(a) Establishment of Program.--The Administrator and the Director of
the National Institutes of Health shall establish a joint program of
biomedical research grants in areas described in section 40501(a) of
this title, where such research requires access to a microgravity
environment. Such program shall be consistent with actions taken by the
joint working group under section 40501 of this title.
(b) Research Opportunity Announcements.--The grants program
established under subsection (a) shall annually issue joint research
opportunity announcements under the sponsorship of the National
Institutes of Health and the Administration. Responses to the
announcements shall be evaluated by a peer review committee whose
members shall be selected by the Director of the National Institutes of
Health and the Administrator, and shall include individuals not
employed by the Administration or the National Institutes of Health.

Sec. 40503. Biomedical research fellowships

The Administrator and the Director of the National Institutes of
Health shall create a joint program of graduate research fellowships in
biomedical research described in section 40501(a) of this title.
Fellowships under such program may provide for participation in
approved research conferences and symposia.

Sec. 40504. Establishment of electronic data archive

The Administrator shall create and maintain a national electronic
data archive for biomedical research data obtained from space-based
experiments.

Sec. 40505. Establishment of emergency medical service telemedicine
capability

The Administrator, the Administrator of the Federal Emergency
Management Agency, the Director of the Office of Foreign Disaster
Assistance, and the Surgeon General of the United States shall jointly
create and maintain an international telemedicine satellite
consultation capability to support emergency medical services in
disaster-stricken areas.

CHAPTER 407--ENVIRONMENTALLY FRIENDLY AIRCRAFT

Sec.
40701.  Research and development initiative.
40702.  Additional research and development initiative.
40703.  Research alignment.
40704.  Research program on perceived impact of sonic booms.

Sec. 40701. Research and development initiative

The Administrator may establish an initiative with the objective of
developing, and demonstrating in a relevant environment, technologies
to enable the following commercial aircraft performance
characteristics:
(1) Noise levels.--Noise levels on takeoff and on airport
approach and landing that do not exceed ambient noise levels in the
absence of flight operations in the vicinity of airports from which
such commercial aircraft would normally operate.
(2) Energy consumption.--Twenty-five percent reduction in the
energy required for medium- to long-range flights, compared to
aircraft in commercial service as of December 30, 2005.
(3) Emissions.--Nitrogen oxides on take-off and landing that are
significantly reduced, without adversely affecting hydrocarbons and
smoke, relative to aircraft in commercial service as of December
30, 2005.

Sec. 40702. Additional research and development initiative

The Administrator shall establish an initiative involving the
Administration, universities, industry, and other research
organizations as appropriate, of research, development, and
demonstration, in a relevant environment, of technologies to enable the
following commercial aircraft performance characteristics:
(1) Noise levels.--Noise levels on takeoff and on airport
approach and landing that do not exceed ambient noise levels in the
absence of flight operations in the vicinity of airports from which
such commercial aircraft would normally operate, without increasing
energy consumption or nitrogen oxide emissions compared to aircraft
in commercial service as of October 15, 2008.
(2) Greenhouse gas emissions.--Significant reductions in
greenhouse gas emissions compared to aircraft in commercial
services as of October 15, 2008.

Sec. 40703. Research alignment

In addition to pursuing the research and development initiative
described in section 40702 of this title, the Administrator shall, to
the maximum extent practicable within available funding, align the
fundamental aeronautics research program to address high priority
technology challenges of the National Academies' Decadal Survey of
Civil Aeronautics, and shall work to increase the degree of involvement
of external organizations, and especially of universities, in the
fundamental aeronautics research program.

Sec. 40704. Research program on perceived impact of sonic booms

(a) Establishment.--The Administrator shall establish a cooperative
research program with industry, including the conduct of flight
demonstrations in a relevant environment, to collect data on the
perceived impact of sonic booms. The data could enable the promulgation
of appropriate standards for overland commercial supersonic flight
operations.
(b) Coordination.--The Administrator shall ensure that sonic boom
research is coordinated as appropriate with the Administrator of the
Federal Aviation Administration, and as appropriate make use of the
expertise of the Partnership for Air Transportation Noise and Emissions
Reduction Center of Excellence sponsored by the Administration and the
Federal Aviation Administration.

CHAPTER 409--MISCELLANEOUS

Sec.
40901.  Science, Space, and Technology Education Trust Fund.
40902.  National Aeronautics and Space Administration Endeavor Teacher
Fellowship Trust Fund.
40903.  Experimental Program to Stimulate Competitive Research--merit
grant competition requirements.
40904.  Microgravity research.
40905.  Program to expand distance learning in rural underserved areas.
40906.  Equal access to the Administration's education programs.
40907.  Museums.
40908.  Continuation of certain education programs.
40909.  Compliance with title IX of Education Amendments of 1972.

Sec. 40901. Science, Space, and Technology Education Trust Fund

There is appropriated, by transfer from funds appropriated in the
Department of Housing and Urban Development--Independent Agencies
Appropriations Act, 1989 (Public Law 100-404, 102 Stat. 1014), for
``Construction of facilities'', the sum of $15,000,000 to the
``Science, Space, and Technology Education Trust Fund'', which is
hereby established in the Treasury of the United States. The Secretary
of the Treasury shall invest these funds in the United States Treasury
special issue securities, and interest shall be credited to the Trust
Fund on a quarterly basis. Such interest shall be available for the
purpose of making grants for programs directed at improving science,
space, and technology education in the United States. The
Administrator, after consultation with the Director of the National
Science Foundation, shall review applications made for such grants and
determine the distribution of available funds on a competitive basis.
Grants shall be made available to any awardee only to the extent that
the awardee provides matching funds from non-Federal sources to carry
out the program for which grants from this Trust Fund are made. Of the
funds made available by this Trust Fund, $250,000 shall be disbursed
each calendar quarter to the Challenger Center for Space Science
Education. The Administrator shall submit to Congress an annual report
on the grants made pursuant to this section.

Sec. 40902. National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund

(a) Establishment.--There is established in the Treasury of the
United States, in tribute to the dedicated crew of the Space Shuttle
Challenger, a trust fund to be known as the National Aeronautics and
Space Administration Endeavor Teacher Fellowship Trust Fund (hereafter
in this section referred to as the ``Trust Fund''). The Trust Fund
shall consist of amounts which may from time to time, at the discretion
of the Administrator, be transferred from the National Aeronautics and
Space Administration Gifts and Donations Trust Fund.
(b) Investment of Trust Fund.--The Administrator shall direct the
Secretary of the Treasury to invest and reinvest funds in the Trust
Fund in public debt securities with maturities suitable for the needs
of the Trust Fund, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration the current
average market yield on outstanding marketable obligations of the
United States of comparable maturities. Interest earned shall be
credited to the Trust Fund.
(c) Purpose.--Income accruing from the Trust Fund principal shall be
used to create the National Aeronautics and Space Administration
Endeavor Teacher Fellowship Program, to the extent provided in advance
in appropriation Acts. The Administrator is authorized to use such
funds to award fellowships to selected United States nationals who are
undergraduate students pursuing a course of study leading to certified
teaching degrees in elementary education or in secondary education in
mathematics, science, or technology disciplines. Awards shall be made
pursuant to standards established for the fellowship program by the
Administrator.

Sec. 40903. Experimental Program to Stimulate Competitive Research--
merit grant competition requirements

(a) Definition of Eligible State.--In this section, the term
``eligible State'' means a State designated by the Administrator as
eligible to compete in the National Science Foundation's Experimental
Program to Stimulate Competitive Research.
(b) Competition.--Making use of the existing infrastructure
established in eligible States by the National Science Foundation, the
Administrator shall conduct a merit grant competition among the
eligible States in areas of research important to the mission of the
Administration. With respect to a grant application by an eligible
State, the Administrator shall consider--
(1) the application's merit and relevance to the mission of the
Administration;
(2) the potential for the grant to serve as a catalyst to enhance
the ability of researchers in the State to become more competitive
for regular Administration funding;
(3) the potential for the grant to improve the environment for
science, mathematics, and engineering education in the State; and
(4) the need to ensure the maximum distribution of grants among
eligible States, consistent with merit.
(c) Supplemental Grants.--The Administrator shall endeavor, where
appropriate, to supplement grants made under subsection (b) with such
grants for fellowships, traineeships, equipment, or instrumentation as
are available.
(d) Information in Annual Budget Submission.--In order to ensure that
research expertise and talent throughout the Nation is developed and
engaged in Administration research and education activities, the
Administration shall, as part of its annual budget submission, detail
additional steps that can be taken to further integrate the
participating eligible States in both existing and new or emerging
Administration research programs and center activities.

Sec. 40904. Microgravity research

The Administrator shall--
(1) ensure the capacity to support ground-based research leading
to space-based basic and applied scientific research in a variety
of disciplines with potential direct national benefits and
applications that can be advanced significantly from the uniqueness
of microgravity and the space environment; and
(2) carry out, to the maximum extent practicable, basic, applied,
and commercial International Space Station research in fields such
as molecular crystal growth, animal research, basic fluid physics,
combustion research, cellular biotechnology, low-temperature
physics, and cellular research at a level that will sustain the
existing United States scientific expertise and research capability
in microgravity research.

Sec. 40905. Program to expand distance learning in rural underserved
areas

(a) In General.--The Administrator shall develop or expand programs
to extend science and space educational outreach to rural communities
and schools through video conferencing, interpretive exhibits, teacher
education, classroom presentations, and student field trips.
(b) Priorities.--In carrying out subsection (a), the Administrator
shall give priority to existing programs, including Challenger Learning
Centers--
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit
capacity;
(3) that travel directly to rural communities and serve low-
income populations; and
(4) with a special emphasis on increasing the number of women and
minorities in the science and engineering professions.

Sec. 40906. Equal access to the Administration's education programs

(a) In General.--The Administrator shall strive to ensure equal
access for minority and economically disadvantaged students to the
Administration's education programs.
(b) Report.--Every 2 years, the Administrator shall submit a report
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the efforts by the
Administrator to ensure equal access for minority and economically
disadvantaged students under this section and the results of such
efforts. As part of the report, the Administrator shall provide--
(1) data on minority participation in the Administration's
education programs, at a minimum in the categories of--
(A) elementary and secondary education;
(B) undergraduate education; and
(C) graduate education; and
(2) the total value of grants the Administration made to
Historically Black Colleges and Universities and to Hispanic
Serving Institutions through education programs during the period
covered by the report.
(c) Program.--The Administrator shall establish the Dr. Mae C.
Jemison Grant Program to work with Minority Serving Institutions to
bring more women of color into the field of space and aeronautics.

Sec. 40907. Museums

The Administrator may provide grants to, and enter into cooperative
agreements with, museums and planetariums to enable them to enhance
programs related to space exploration, aeronautics, space science,
Earth science, or microgravity.

Sec. 40908. Continuation of certain education programs

From amounts appropriated to the Administration for education
programs, the Administrator shall ensure the continuation of the Space
Grant Program, the Experimental Program to Stimulate Competitive
Research, and, consistent with the results of the review under section
614 of the National Aeronautics and Space Administration Authorization
Act of 2005 (Public Law 109-155, 119 Stat. 2933), the Administration
Explorer School program, to motivate and develop the next generation of
explorers.

Sec. 40909. Compliance with title IX of Education Amendments of 1972

To comply with title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), the Administrator shall conduct compliance
reviews of at least 2 grantees annually.

Subtitle V--Programs Targeting Commercial Opportunities

CHAPTER 501--SPACE COMMERCE

SUBCHAPTER I--GENERAL

Sec.
50101.  Definitions.

SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

50111.  Commercialization of Space Station.
50112.  Promotion of United States Global Positioning System standards.
50113.  Acquisition of space science data.
50114.  Administration of commercial space centers.
50115.  Sources of Earth science data.
50116.  Commercial technology transfer program.

SUBCHAPTER III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

50131.  Requirement to procure commercial space transportation services.
50132.  Acquisition of commercial space transportation services.
50133.  Shuttle privatization.
50134.  Use of excess intercontinental ballistic missiles.

SUBCHAPTER I--GENERAL

Sec. 50101. Definitions

In this chapter:
(1) Commercial provider.--The term ``commercial provider'' means
any person providing space transportation services or other space-
related activities, primary control of which is held by persons
other than Federal, State, local, and foreign governments.
(2) Payload.--The term ``payload'' means anything that a person
undertakes to transport to, from, or within outer space, or in
suborbital trajectory, by means of a space transportation vehicle,
but does not include the space transportation vehicle itself except
for its components which are specifically designed or adapted for
that payload.
(3) Space-related activities.--The term ``space-related
activities'' includes research and development, manufacturing,
processing, service, and other associated and support activities.
(4) Space transportation services.--The term ``space
transportation services'' means the preparation of a space
transportation vehicle and its payloads for transportation to,
from, or within outer space, or in suborbital trajectory, and the
conduct of transporting a payload to, from, or within outer space,
or in suborbital trajectory.
(5) Space transportation vehicle.--The term ``space
transportation vehicle'' means any vehicle constructed for the
purpose of operating in, or transporting a payload to, from, or
within, outer space, or in suborbital trajectory, and includes any
component of such vehicle not specifically designed or adapted for
a payload.
(6) State.--The term ``State'' means each of the several States
of the Union, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, and any other commonwealth,
territory, or possession of the United States.
(7) United states commercial provider.--The term ``United States
commercial provider'' means a commercial provider, organized under
the laws of the United States or of a State, that is--
(A) more than 50 percent owned by United States nationals; or
(B) a subsidiary of a foreign company and the Secretary of
Transportation finds that--
(i) such subsidiary has in the past evidenced a
substantial commitment to the United States market
through--

(I) investments in the United States in long-term
research, development, and manufacturing (including the
manufacture of major components and subassemblies); and
(II) significant contributions to employment in the
United States; and

(ii) the country or countries in which such foreign
company is incorporated or organized, and, if appropriate,
in which it principally conducts its business, affords
reciprocal treatment to companies described in subparagraph
(A) comparable to that afforded to such foreign company's
subsidiary in the United States, as evidenced by--

(I) providing comparable opportunities for companies
described in subparagraph (A) to participate in
Government-sponsored research and development similar
to that authorized under this chapter;
(II) providing no barriers, to companies described in
subparagraph (A) with respect to local investment
opportunities, that are not provided to foreign
companies in the United States; and
(III) providing adequate and effective protection for
the intellectual property rights of companies described
in subparagraph (A).

SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

Sec. 50111. Commercialization of Space Station

(a) Policy.--Congress declares that a priority goal of constructing
the International Space Station is the economic development of Earth
orbital space. Congress further declares that free and competitive
markets create the most efficient conditions for promoting economic
development, and should therefore govern the economic development of
Earth orbital space. Congress further declares that the use of free
market principles in operating, servicing, allocating the use of, and
adding capabilities to the Space Station, and the resulting fullest
possible engagement of commercial providers and participation of
commercial users, will reduce Space Station operational costs for all
partners and the Federal Government's share of the United States burden
to fund operations.
(b) Use of United States Commercially Provided Services.--
(1) In general.--In order to stimulate commercial use of space,
help maximize the utility and productivity of the International
Space Station, and enable a commercial means of providing crew
transfer and crew rescue services for the International Space
Station, the Administration shall--
(A) make use of United States commercially provided
International Space Station crew transfer and crew rescue
services to the maximum extent practicable, if those commercial
services have demonstrated the capability to meet
Administration-specified ascent, entry, and International Space
Station proximity operations safety requirements;
(B) limit, to the maximum extent practicable, the use of the
Crew Exploration Vehicle to missions carrying astronauts beyond
low Earth orbit once commercial crew transfer and crew rescue
services that meet safety requirements become operational;
(C) facilitate, to the maximum extent practicable, the
transfer of Administration-developed technologies to potential
United States commercial crew transfer and rescue service
providers, consistent with United States law; and
(D) issue a notice of intent, not later than 180 days after
October 15, 2008, to enter into a funded, competitively awarded
Space Act Agreement with 2 or more commercial entities for a
Phase 1 Commercial Orbital Transportation Services crewed
vehicle demonstration program.
(2) Congressional intent.--It is the intent of Congress that
funding for the program described in paragraph (1)(D)shall not come
at the expense of full funding of the amounts authorized under
section 101(3)(A) of the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422, 122
Stat. 4783), and for future fiscal years, for Orion Crew
Exploration Vehicle development, Ares I Crew Launch Vehicle
development, or International Space Station cargo delivery.
(3) Additional technologies.--The Administration shall make
International Space Station-compatible docking adaptors and other
relevant technologies available to the commercial crew providers
selected to service the International Space Station.
(4) Crew transfer and crew rescue services contract.--If a
commercial provider demonstrates the capability to provide
International Space Station crew transfer and crew rescue services
and to satisfy Administration ascent, entry, and International
Space Station proximity operations safety requirements, the
Administration shall enter into an International Space Station crew
transfer and crew rescue services contract with that commercial
provider for a portion of the Administration's anticipated
International Space Station crew transfer and crew rescue
requirements from the time the commercial provider commences
operations under contract with the Administration through calendar
year 2016, with an option to extend the period of performance
through calendar year 2020.

Sec. 50112. Promotion of United States Global Positioning System
standards

In order to support and sustain the Global Positioning System in a
manner that will most effectively contribute to the national security,
public safety, scientific, and economic interests of the United States,
Congress encourages the President to--
(1) ensure the operation of the Global Positioning System on a
continuous worldwide basis free of direct user fees;
(2) enter into international agreements that promote cooperation
with foreign governments and international organizations to--
(A) establish the Global Positioning System and its
augmentations as an acceptable international standard; and
(B) eliminate any foreign barriers to applications of the
Global Positioning System worldwide; and
(3) provide clear direction and adequate resources to the
Assistant Secretary of Commerce for Communications and Information
so that on an international basis the Assistant Secretary can--
(A) achieve and sustain efficient management of the
electromagnetic spectrum used by the Global Positioning System;
and
(B) protect that spectrum from disruption and interference.

Sec. 50113. Acquisition of space science data

(a) Definition of Space Science Data.--In this section, the term
``space science data'' includes scientific data concerning--
(1) the elemental and mineralogical resources of the moon,
asteroids, planets and their moons, and comets;
(2) microgravity acceleration; and
(3) solar storm monitoring.
(b) Acquisition From Commercial Providers.--The Administrator shall,
to the extent possible and while satisfying the scientific or
educational requirements of the Administration, and where appropriate,
of other Federal agencies and scientific researchers, acquire, where
cost effective, space science data from a commercial provider.
(c) Treatment of Space Science Data as Commercial Item Under
Acquisition Laws.--Acquisitions of space science data by the
Administrator shall be carried out in accordance with applicable
acquisition laws and regulations (including chapters 137 and 140 of
title 10). For purposes of such law and regulations, space science data
shall be considered to be a commercial item. Nothing in this subsection
shall be construed to preclude the United States from acquiring,
through contracts with commercial providers, sufficient rights in data
to meet the needs of the scientific and educational community or the
needs of other government activities.
(d) Safety Standards.--Nothing in this section shall be construed to
prohibit the Federal Government from requiring compliance with
applicable safety standards.
(e) Limitation.--This section does not authorize the Administration
to provide financial assistance for the development of commercial
systems for the collection of space science data.

Sec. 50114. Administration of commercial space centers

The Administrator shall administer the Commercial Space Center
program in a coordinated manner from Administration headquarters in
Washington, D.C.

Sec. 50115. Sources of Earth science data

(a) Acquisition.--The Administrator shall, to the extent possible and
while satisfying the scientific or educational requirements of the
Administration, and where appropriate, of other Federal agencies and
scientific researchers, acquire, where cost-effective, space-based and
airborne Earth remote sensing data, services, distribution, and
applications from a commercial provider.
(b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, distribution,
and applications referred to in subsection (a) shall be carried out in
accordance with applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10). For purposes of such law and
regulations, such data, services, distribution, and applications shall
be considered to be a commercial item. Nothing in this subsection shall
be construed to preclude the United States from acquiring, through
contracts with commercial providers, sufficient rights in data to meet
the needs of the scientific and educational community or the needs of
other government activities.
(c) Safety Standards.--Nothing in this section shall be construed to
prohibit the Federal Government from requiring compliance with
applicable safety standards.
(d) Administration and Execution.--This section shall be carried out
as part of the Commercial Remote Sensing Program at the Stennis Space
Center.

Sec. 50116. Commercial technology transfer program

(a) In General.--The Administrator shall execute a commercial
technology transfer program with the goal of facilitating the exchange
of services, products, and intellectual property between the
Administration and the private sector. This program shall place at
least as much emphasis on encouraging the transfer of Administration
technology to the private sector (``spinning out'') as on encouraging
use of private sector technology by the Administration. This program
shall be maintained in a manner that provides clear benefits for the
Administration, the domestic economy, and the research community.
(b) Program Structure.--In carrying out the program described in
subsection (a), the Administrator shall provide program participants
with at least 45 days notice of any proposed changes to the structure
of the Administration's technology transfer and commercialization
organizations that is in effect as of December 30, 2005.

SUBCHAPTER III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

Sec. 50131. Requirement to procure commercial space transportation
services

(a) In General.--Except as otherwise provided in this section, the
Federal Government shall acquire space transportation services from
United States commercial providers whenever such services are required
in the course of its activities. To the maximum extent practicable, the
Federal Government shall plan missions to accommodate the space
transportation services capabilities of United States commercial
providers.
(b) Exceptions.--The Federal Government shall not be required to
acquire space transportation services under subsection (a) if, on a
case-by-case basis, the Administrator or, in the case of a national
security issue, the Secretary of the Air Force, determines that--
(1) a payload requires the unique capabilities of the space
shuttle;
(2) cost effective space transportation services that meet
specific mission requirements would not be reasonably available
from United States commercial providers when required;
(3) the use of space transportation services from United States
commercial providers poses an unacceptable risk of loss of a unique
scientific opportunity;
(4) the use of space transportation services from United States
commercial providers is inconsistent with national security
objectives;
(5) the use of space transportation services from United States
commercial providers is inconsistent with international agreements
for international collaborative efforts relating to science and
technology;
(6) it is more cost effective to transport a payload in
conjunction with a test or demonstration of a space transportation
vehicle owned by the Federal Government; or
(7) a payload can make use of the available cargo space on a
space shuttle mission as a secondary payload, and such payload is
consistent with the requirements of research, development,
demonstration, scientific, commercial, and educational programs
authorized by the Administrator.
(c) Agreements With Foreign Entities.--Nothing in this section shall
prevent the Administrator from planning or negotiating agreements with
foreign entities for the launch of Federal Government payloads for
international collaborative efforts relating to science and technology.
(d) Delayed Effect.--Subsection (a) shall not apply to space
transportation services and space transportation vehicles acquired or
owned by the Federal Government before October 28, 1998, or with
respect to which a contract for such acquisition or ownership has been
entered into before October 28, 1998.
(e) Historical Purposes.--This section shall not be construed to
prohibit the Federal Government from acquiring, owning, or maintaining
space transportation vehicles solely for historical display purposes.

Sec. 50132. Acquisition of commercial space transportation services

(a) Treatment of Commercial Space Transportation Services as
Commercial Item Under Acquisition Laws.--Acquisitions of space
transportation services by the Federal Government shall be carried out
in accordance with applicable acquisition laws and regulations
(including chapters 137 and 140 of title 10). For purposes of such law
and regulations, space transportation services shall be considered to
be a commercial item.
(b) Safety Standards.--Nothing in this section shall be construed to
prohibit the Federal Government from requiring compliance with
applicable safety standards.

Sec. 50133. Shuttle privatization

The Administrator shall prepare for an orderly transition from the
Federal operation, or Federal management of contracted operation, of
space transportation systems to the Federal purchase of commercial
space transportation services for all nonemergency space transportation
requirements for transportation to and from Earth orbit, including
human, cargo, and mixed payloads. In those preparations, the
Administrator shall take into account the need for short-term
economies, as well as the goal of restoring the Administration's
research focus and its mandate to promote the fullest possible
commercial use of space. As part of those preparations, the
Administrator shall plan for the potential privatization of the space
shuttle program. Such plan shall keep safety and cost effectiveness as
high priorities. Nothing in this section shall prohibit the
Administration from studying, designing, developing, or funding
upgrades or modifications essential to the safe and economical
operation of the space shuttle fleet.

Sec. 50134. Use of excess intercontinental ballistic missiles

(a) In General.--The Federal Government shall not--
(1) convert any missile described in subsection (c) to a space
transportation vehicle configuration; or
(2) transfer ownership of any such missile to another person,
except as provided in subsection (b).
(b) Authorized Federal Uses.--
(1) In general.--A missile described in subsection (c) may be
converted for use as a space transportation vehicle by the Federal
Government if, except as provided in paragraph (2) and at least 30
days before such conversion, the agency seeking to use the missile
as a space transportation vehicle transmits to the Committee on
Armed Services and the Committee on Science and Technology of the
House of Representatives, and to the Committee on Armed Services
and the Committee on Commerce, Science, and Transportation of the
Senate, a certification that the use of such missile--
(A) would result in cost savings to the Federal Government
when compared to the cost of acquiring space transportation
services from United States commercial providers;
(B) meets all mission requirements of the agency, including
performance, schedule, and risk requirements;
(C) is consistent with international obligations of the
United States; and
(D) is approved by the Secretary of Defense or the designee
of the Secretary of Defense.
(2) Exception to requirement that certification be transmitted 30
days before conversion.--The requirement under paragraph (1) that
the certification described in that paragraph must be transmitted
at least 30 days before conversion of the missile shall not apply
if the Secretary of Defense determines that compliance with that
requirement would be inconsistent with meeting immediate national
security requirements.
(c) Missiles Referred to.--The missiles referred to in this section
are missiles owned by the United States that--
(1) were formerly used by the Department of Defense for national
defense purposes as intercontinental ballistic missiles; and
(2) have been declared excess to United States national defense
needs and are in compliance with international obligations of the
United States.

CHAPTER 503--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

Sec.
50301.  Definitions.
50302.  Loan guarantees for production of commercial reusable in-space
transportation.

Sec. 50301. Definitions

In this chapter:
(1) Commercial provider.--The term ``commercial provider'' means
any person or entity providing commercial reusable in-orbit space
transportation services or systems, primary control of which is
held by persons other than the Federal Government, a State or local
government, or a foreign government.
(2) In-space transportation services.--The term ``in-space
transportation services'' means operations and activities involved
in the direct transportation or attempted transportation of a
payload or object from one orbit to another by means of an in-space
transportation vehicle.
(3) In-space transportation system.--The term ``in-space
transportation system'' means the space and ground elements,
including in-space transportation vehicles and support space
systems, and ground administration and control facilities and
associated equipment, necessary for the provision of in-space
transportation services.
(4) In-space transportation vehicle.--The term ``in-space
transportation vehicle'' means a vehicle designed--
(A) to be based and operated in space;
(B) to transport various payloads or objects from one orbit
to another orbit; and
(C) to be reusable and refueled in space.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Defense.
(6) United states commercial provider.--The term ``United States
commercial provider'' means any commercial provider organized under
the laws of the United States that is more than 50 percent owned by
United States nationals.

Sec. 50302. Loan guarantees for production of commercial reusable in-
space transportation

(a) Authority To Make Loan Guarantees.--The Secretary may guarantee
loans made to eligible United States commercial providers for purposes
of producing commercial reusable in-space transportation services or
systems.
(b) Eligible United States Commercial Providers.--The Secretary shall
prescribe requirements for the eligibility of United States commercial
providers for loan guarantees under this section. Such requirements
shall ensure that eligible providers are financially capable of
undertaking a loan guaranteed under this section.
(c) Limitation on Loans Guaranteed.--The Secretary may not guarantee
a loan for a United States commercial provider under this section
unless the Secretary determines that credit would not otherwise be
reasonably available at the time of the guarantee for the commercial
reusable in-space transportation service or system to be produced
utilizing the proceeds of the loan.
(d) Credit Subsidy.--
(1) Collection required.--The Secretary shall collect from each
United States commercial provider receiving a loan guarantee under
this section an amount equal to the amount, as determined by the
Secretary, to cover the cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of the loan
guarantee.
(2) Periodic disbursements.--In the case of a loan guarantee in
which proceeds of the loan are disbursed over time, the Secretary
shall collect the amount required under this subsection on a pro
rata basis, as determined by the Secretary, at the time of each
disbursement.
(e) Other Terms and Conditions.--
(1) Prohibition on subordination.--A loan guaranteed under this
section may not be subordinated to another debt contracted by the
United States commercial provider concerned, or to any other claims
against such provider.
(2) Restriction on income.--A loan guaranteed under this section
may not--
(A) provide income which is excluded from gross income for
purposes of chapter 1 of the Internal Revenue Code of 1986 (26
U.S.C. 1 et seq.); or
(B) provide significant collateral or security, as determined
by the Secretary, for other obligations the income from which
is so excluded.
(3) Treatment of guarantee.--The guarantee of a loan under this
section shall be conclusive evidence of the following:
(A) That the guarantee has been properly obtained.
(B) That the loan qualifies for the guarantee.
(C) That, but for fraud or material misrepresentation by the
holder of the loan, the guarantee is valid, legal, and
enforceable.
(4) Other terms and conditions.--The Secretary may establish any
other terms and conditions for a guarantee of a loan under this
section as the Secretary considers appropriate to protect the
financial interests of the United States.
(f) Enforcement of Rights.--
(1) In general.--The Attorney General may take any action the
Attorney General considers appropriate to enforce any right
accruing to the United States under a loan guarantee under this
section.
(2) Forbearance.--The Attorney General may, with the approval of
the parties concerned, forbear from enforcing any right of the
United States under a loan guaranteed under this section for the
benefit of a United States commercial provider if such forbearance
will not result in any cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), to the United
States.
(3) Utilization of property.--Notwithstanding any other provision
of law and subject to the terms of a loan guaranteed under this
section, upon the default of a United States commercial provider
under the loan, the Secretary may, at the election of the
Secretary--
(A) assume control of the physical asset financed by the
loan; and
(B) complete, recondition, reconstruct, renovate, repair,
maintain, operate, or sell the physical asset.
(g) Credit Instruments.--
(1) Authority to issue instruments.--Notwithstanding any other
provision of law, the Secretary may, subject to such terms and
conditions as the Secretary considers appropriate, issue credit
instruments to United States commercial providers of in-space
transportation services or systems, with the aggregate cost (as
determined under the provisions of the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.)) of such instruments not to exceed
$1,500,000,000, but only to the extent that new budget authority to
cover such costs is provided in subsequent appropriations Acts or
authority is otherwise provided in subsequent appropriations Acts.
(2) Credit subsidy.--The Secretary shall provide a credit subsidy
for any credit instrument issued under this subsection in
accordance with the provisions of the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
(3) Construction.--The eligibility of a United States commercial
provider of in-space transportation services or systems for a
credit instrument under this subsection is in addition to any
eligibility of such provider for a loan guarantee under other
provisions of this section.

CHAPTER 505--COMMERCIAL SPACE COMPETITIVENESS

Sec.
50501.  Definitions.
50502.  Launch voucher demonstration program.
50503.  Anchor tenancy and termination liability.
50504.  Use of Government facilities.
50505.  Test facilities.
50506.  Commercial Space Achievement Award.

Sec. 50501. Definitions

In this chapter:
(1) Agency.--The term ``agency'' means an executive agency as
defined in section 105 of title 5.
(2) Anchor tenancy.--The term ``anchor tenancy'' means an
arrangement in which the United States Government agrees to procure
sufficient quantities of a commercial space product or service
needed to meet Government mission requirements so that a commercial
venture is made viable.
(3) Commercial.--The term ``commercial'' means having--
(A) private capital at risk; and
(B) primary financial and management responsibility for the
activity reside with the private sector.
(4) Cost effective.--The term ``cost effective'' means costing no
more than the available alternatives, determined by a comparison of
all related direct and indirect costs including, in the case of
Government costs, applicable Government labor and overhead costs as
well as contractor charges, and taking into account the ability of
each alternative to accommodate mission requirements as well as the
related factors of risk, reliability, schedule, and technical
performance.
(5) Launch.--The term ``launch'' means to place, or attempt to
place, a launch vehicle and its payload, if any, in a suborbital
trajectory, in Earth orbit in outer space, or otherwise in outer
space.
(6) Launch services.--The term ``launch services'' means
activities involved in the preparation of a launch vehicle and its
payload for launch and the conduct of a launch.
(7) Launch support facilities.--The term ``launch support
facilities'' means facilities located at launch sites or launch
ranges that are required to support launch activities, including
launch vehicle assembly, launch vehicle operations and control,
communications, flight safety functions, and payload operations,
control, and processing.
(8) Launch vehicle.--The term ``launch vehicle'' means any
vehicle constructed for the purpose of operating in or placing a
payload in outer space or in suborbital trajectories, and includes
components of that vehicle.
(9) Payload.--The term ``payload'' means an object which a person
undertakes to launch, and includes subcomponents of the launch
vehicle specifically designed or adapted for that object.
(10) Payload integration services.--The term ``payload
integration services'' means activities involved in integrating
multiple payloads into a single payload for launch or integrating a
payload with a launch vehicle.
(11) Space recovery support facilities.--The term ``space
recovery support facilities'' means facilities required to support
activities related to the recovery of payloads returned from space
to a space recovery site, including operations and control,
communications, flight safety functions, and payload processing.
(12) Space transportation infrastructure.--The term ``space
transportation infrastructure'' means facilities, associated
equipment, and real property (including launch sites, launch
support facilities, space recovery sites, and space recovery
support facilities) required to perform launch or space recovery
activities.
(13) State.--The term ``State'' means the several States, the
District of Columbia, Puerto Rico, American Samoa, the United
States Virgin Islands, Guam, the Northern Mariana Islands, and any
other commonwealth, territory, or possession of the United States.
(14) United states.--The term ``United States'' means the States,
collectively.

Sec. 50502. Launch voucher demonstration program

(a) Requirement To Establish Program.--The Administrator shall
establish a demonstration program to award vouchers for the payment of
commercial launch services and payload integration services for the
purpose of launching payloads funded by the Administration.
(b) Award of Vouchers.--The Administrator shall award vouchers under
subsection (a) to appropriate individuals as a part of grants
administered by the Administration for the launch of--
(1) payloads to be placed in suborbital trajectories; and
(2) small payloads to be placed in orbit.
(c) Assistance.--The Administrator may provide voucher award
recipients with such assistance (including contract formulation and
technical support during the proposal evaluation) as may be necessary
to ensure the purchase of cost effective and reasonably reliable
commercial launch services and payload integration services.

Sec. 50503. Anchor tenancy and termination liability

(a) Anchor Tenancy Contracts.--Subject to appropriations, the
Administrator or the Administrator of the National Oceanic and
Atmospheric Administration may enter into multiyear anchor tenancy
contracts for the purchase of a good or service if the appropriate
Administrator determines that--
(1) the good or service meets the mission requirements of the
Administration or the National Oceanic and Atmospheric
Administration, as appropriate;
(2) the commercially procured good or service is cost effective;
(3) the good or service is procured through a competitive
process;
(4) existing or potential customers for the good or service other
than the United States Government have been specifically
identified;
(5) the long-term viability of the venture is not dependent upon
a continued Government market or other nonreimbursable Government
support; and
(6) private capital is at risk in the venture.
(b) Termination Liability.--
(1) In general.--Contracts entered into under subsection (a) may
provide for the payment of termination liability in the event that
the Government terminates such contracts for its convenience.
(2) Fixed schedule of payments and limitation on liability.--
Contracts that provide for the payment of termination liability, as
described in paragraph (1), shall include a fixed schedule of such
termination liability payments. Liability under such contracts
shall not exceed the total payments which the Government would have
made after the date of termination to purchase the good or service
if the contract were not terminated.
(3) Use of funds.--Subject to appropriations, funds available for
such termination liability payments may be used for purchase of the
good or service upon successful delivery of the good or service
pursuant to the contract. In such case, sufficient funds shall
remain available to cover any remaining termination liability.
(c) Limitations.--
(1) Duration.--Contracts entered into under this section shall
not exceed 10 years in duration.
(2) Fixed price.--Such contracts shall provide for delivery of
the good or service on a firm, fixed price basis.
(3) Performance specifications.--To the extent practicable,
reasonable performance specifications shall be used to define
technical requirements in such contracts.
(4) Failure to perform.--In any such contract, the appropriate
Administrator shall reserve the right to completely or partially
terminate the contract without payment of such termination
liability because of the contractor's actual or anticipated failure
to perform its contractual obligations.

Sec. 50504. Use of Government facilities

(a) Authority.--
(1) In general.--Federal agencies, including the Administration
and the Department of Defense, may allow non-Federal entities to
use their space-related facilities on a reimbursable basis if the
Administrator, the Secretary of Defense, or the appropriate agency
head determines that--
(A) the facilities will be used to support commercial space
activities;
(B) such use can be supported by existing or planned Federal
resources;
(C) such use is compatible with Federal activities;
(D) equivalent commercial services are not available on
reasonable terms; and
(E) such use is consistent with public safety, national
security, and international treaty obligations.
(2) Consultation.--In carrying out paragraph (1)(E), each agency
head shall consult with appropriate Federal officials.
(b) Reimbursement Payment.--
(1) Amount.--The reimbursement referred to in subsection (a) may
be an amount equal to the direct costs (including salaries of
United States civilian and contractor personnel) incurred by the
United States as a result of the use of such facilities by the
private sector. For the purposes of this paragraph, the term
``direct costs'' means the actual costs that can be unambiguously
associated with such use, and would not be borne by the United
States Government in the absence of such use.
(2) Credit to appropriation.--The amount of any payment received
by the United States for use of facilities under this subsection
shall be credited to the appropriation from which the cost of
providing such facilities was paid.

Sec. 50505. Test facilities

(a) Charges.--The Administrator shall establish a policy of charging
users of the Administration's test facilities for the costs associated
with their tests at a level that is competitive with alternative test
facilities. The Administrator shall not implement a policy of seeking
full cost recovery for a facility until at least 30 days after
transmitting a notice to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Funding Account.--In planning and budgeting, the Administrator
shall establish a funding account that shall be used for all test
facilities. The account shall be sufficient to maintain the viability
of test facilities during periods of low utilization.

Sec. 50506. Commercial Space Achievement Award

(a) Establishment.--There is established a Commercial Space
Achievement Award. The award shall consist of a medal, which shall be
of such design and materials and bear such inscriptions as determined
by the Secretary of Commerce. A cash prize may also be awarded if
funding for the prize is available under subsection (d).
(b) Criteria for Award.--The Secretary of Commerce shall periodically
make awards under this section to individuals, corporations, corporate
divisions, or corporate subsidiaries substantially engaged in
commercial space activities that in the opinion of the Secretary of
Commerce best meet the following criteria:
(1) Non-governmental revenue.--For corporate entities, at least
half of the revenues from the space-related activities of the
corporation, division, or subsidiary is derived from sources other
than the United States Government.
(2) Substantial contribution.--The activities and achievements of
the individual, corporation, division, or subsidiary have
substantially contributed to the United States gross national
product and the stature of United States industry in international
markets, with due consideration for both the economic magnitude and
the technical quality of the activities and achievements.
(3) Substantial advancement of technology.--The individual,
corporation, division, or subsidiary has substantially advanced
space technology and space applications directly related to
commercial space activities.
(c) Limitations.--No individual or corporate entity may receive an
award under this section more than once every 5 years.
(d) Funding for Award.--The Secretary of Commerce may seek and accept
gifts of money from public and private sources for the purpose of
making cash prize awards under this section. Such money may be used
only for that purpose, and only such money may be used for that
purpose. The Secretary of Commerce shall make publicly available an
itemized list of the sources of such funding.

CHAPTER 507--OFFICE OF SPACE COMMERCIALIZATION

Sec.
50701.  Definition of Office.
50702.  Establishment.
50703.  Annual report.

Sec. 50701. Definition of Office

In this chapter, the term ``Office'' means the Office of Space
Commercialization established in section 50702 of this title.

Sec. 50702. Establishment

(a) In General.--There is established within the Department of
Commerce an Office of Space Commercialization.
(b) Director.--The Office shall be headed by a Director, who shall be
a senior executive and shall be compensated at a level in the Senior
Executive Service under section 5382 of title 5 as determined by the
Secretary of Commerce.
(c) Functions of Office.--The Office shall be the principal unit for
the coordination of space-related issues, programs, and initiatives
within the Department of Commerce.
(d) Duties of Director.--The primary responsibilities of the Director
in carrying out the functions of the Office shall include--
(1) promoting commercial provider investment in space activities
by collecting, analyzing, and disseminating information on space
markets, and conducting workshops and seminars to increase
awareness of commercial space opportunities;
(2) assisting United States commercial providers in the efforts
of those providers to conduct business with the United States
Government;
(3) acting as an industry advocate within the executive branch of
the Federal Government to ensure that the Federal Government meets
the space-related requirements of the Federal Government, to the
fullest extent feasible, using commercially available space goods
and services;
(4) ensuring that the United States Government does not compete
with United States commercial providers in the provision of space
hardware and services otherwise available from United States
commercial providers;
(5) promoting the export of space-related goods and services;
(6) representing the Department of Commerce in the development of
United States policies and in negotiations with foreign countries
to ensure free and fair trade internationally in the area of space
commerce; and
(7) seeking the removal of legal, policy, and institutional
impediments to space commerce.

Sec. 50703. Annual report

The Secretary of Commerce shall submit an annual report on the
activities of the Office, including planned programs and expenditures,
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science and Technology of the House of
Representatives.

Subtitle VI--Earth Observations

CHAPTER 601--LAND REMOTE SENSING POLICY

SUBCHAPTER I--GENERAL

Sec.
60101.  Definitions.

SUBCHAPTER II--LANDSAT

60111.  Landsat Program Management.
60112.  Transfer of Landsat 6 program responsibilities.
60113.  Data policy for Landsat 7.

SUBCHAPTER III--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

60121.  General licensing authority.
60122.  Conditions for operation.
60123.  Administrative authority of Secretary.
60124.  Regulatory authority of Secretary.
60125.  Agency activities.

SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION

60131.  Continued Federal research and development.
60132.  Availability of federally gathered unenhanced data.
60133.  Technology demonstration program.
60134.  Preference for private sector land remote sensing system.

SUBCHAPTER V--GENERAL PROVISIONS

60141.  Nondiscriminatory data availability.
60142.  Archiving of data.
60143.  Nonreproduction.
60144.  Reimbursement for assistance.
60145.  Acquisition of equipment.
60146.  Radio frequency allocation.
60147.  Consultation.
60148.  Enforcement.

SUBCHAPTER VI--PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES

60161.  Prohibition.
60162.  Future considerations.

SUBCHAPTER I--GENERAL

Sec. 60101. Definitions

In this chapter:
(1) Cost of fulfilling user requests.--The term ``cost of
fulfilling user requests'' means the incremental costs associated
with providing product generation, reproduction, and distribution
of unenhanced data in response to user requests and shall not
include any acquisition, amortization, or depreciation of capital
assets originally paid for by the United States Government or other
costs not specifically attributable to fulfilling user requests.
(2) Data continuity.--The term ``data continuity'' means the
continued acquisition and availability of unenhanced data which
are, from the point of view of the user--
(A) sufficiently consistent (in terms of acquisition
geometry, coverage characteristics, and spectral
characteristics) with previous Landsat data to allow
comparisons for global and regional change detection and
characterization; and
(B) compatible with such data and with methods used to
receive and process such data.
(3) Data preprocessing.--The term ``data preprocessing''--
(A) may include--
(i) rectification of system and sensor distortions in
land remote sensing data as it is received directly from
the satellite in preparation for delivery to a user;
(ii) registration of such data with respect to features
of the Earth; and
(iii) calibration of spectral response with respect to
such data; but
(B) does not include conclusions, manipulations, or
calculations derived from such data, or a combination of such
data with other data.
(4) Land remote sensing.--The term ``land remote sensing'' means
the collection of data which can be processed into imagery of
surface features of the Earth from an unclassified satellite or
satellites, other than an operational United States Government
weather satellite.
(5) Landsat program management.--The term ``Landsat Program
Management'' means the integrated program management structure--
(A) established by, and responsible to, the Administrator and
the Secretary of Defense pursuant to section 60111(a) of this
title; and
(B) consisting of appropriate officers and employees of the
Administration, the Department of Defense, and any other United
States Government agencies the President designates as
responsible for the Landsat program.
(6) Landsat system.--The term ``Landsat system'' means Landsats
1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing system
operated and owned by the United States Government, along with any
related ground equipment, systems, and facilities owned by the
United States Government.
(7) Landsat 6 contractor.--The term ``Landsat 6 contractor''
means the private sector entity which was awarded the contract for
spacecraft construction, operations, and data marketing rights for
the Landsat 6 spacecraft.
(8) Landsat 7.--The term ``Landsat 7'' means the follow-on
satellite to Landsat 6.
(9) National satellite land remote sensing data archive.--The
term ``National Satellite Land Remote Sensing Data Archive'' means
the archive established by the Secretary of the Interior pursuant
to the archival responsibilities defined in section 60142 of this
title.
(10) Noncommercial purposes.--The term ``noncommercial purposes''
means activities undertaken by individuals or entities on the
condition, upon receipt of unenhanced data, that--
(A) such data shall not be used in connection with any bid
for a commercial contract, development of a commercial product,
or any other non-United States Government activity that is
expected, or has the potential, to be profitmaking;
(B) the results of such activities are disclosed in a timely
and complete fashion in the open technical literature or other
method of public release, except when such disclosure by the
United States Government or its contractors would adversely
affect the national security or foreign policy of the United
States or violate a provision of law or regulation; and
(C) such data shall not be distributed in competition with
unenhanced data provided by the Landsat 6 contractor.
(11) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(12) Unenhanced data.--The term ``unenhanced data'' means land
remote sensing signals or imagery products that are unprocessed or
subject only to data preprocessing.
(13) United states government and its affiliated users.--The term
``United States Government and its affiliated users'' means--
(A) United States Government agencies;
(B) researchers involved with the United States Global Change
Research Program and its international counterpart programs;
and
(C) other researchers and international entities that have
signed with the United States Government a cooperative
agreement involving the use of Landsat data for noncommercial
purposes.

SUBCHAPTER II--LANDSAT

Sec. 60111. Landsat Program Management

(a) Establishment.--The Administrator and the Secretary of Defense
shall be responsible for management of the Landsat program. Such
responsibility shall be carried out by establishing an integrated
program management structure for the Landsat system.
(b) Management Plan.--The Administrator, the Secretary of Defense,
and any other United States Government official the President
designates as responsible for part of the Landsat program shall
establish, through a management plan, the roles, responsibilities, and
funding expectations for the Landsat program of the appropriate United
States Government agencies. The management plan shall--
(1) specify that the fundamental goal of the Landsat Program
Management is the continuity of unenhanced Landsat data through the
acquisition and operation of a Landsat 7 satellite as quickly as
practicable which is, at a minimum, functionally equivalent to the
Landsat 6 satellite, with the addition of a tracking and data relay
satellite communications capability;
(2) include a baseline funding profile that--
(A) is mutually acceptable to the Administration and the
Department of Defense for the period covering the development
and operation of Landsat 7; and
(B) provides for total funding responsibility of the
Administration and the Department of Defense, respectively, to
be approximately equal to the funding responsibility of the
other as spread across the development and operational life of
Landsat 7;
(3) specify that any improvements over the Landsat 6 functional
equivalent capability for Landsat 7 will be funded by a specific
sponsoring agency or agencies, in a manner agreed to by the Landsat
Program Management, if the required funding exceeds the baseline
funding profile required by paragraph (2), and that additional
improvements will be sought only if the improvements will not
jeopardize data continuity; and
(4) provide for a technology demonstration program whose
objective shall be the demonstration of advanced land remote
sensing technologies that may potentially yield a system which is
less expensive to build and operate, and more responsive to data
users, than is the current Landsat system.
(c) Responsibilities.--The Landsat Program Management shall be
responsible for--
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system is
responsive to the broad interests of the civilian, national
security, commercial, and foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat data remain unclassified
and that, except as provided in subsections (a) and (b) of section
60146 of this title, no restrictions are placed on the availability
of unenhanced data;
(4) ensuring that land remote sensing data of high priority
locations will be acquired by the Landsat 7 system as required to
meet the needs of the United States Global Change Research Program,
as established in the Global Change Research Act of 1990 (15 U.S.C.
2921 et seq.), and to meet the needs of national security users;
(5) Landsat data responsibilities pursuant to this chapter;
(6) oversight of Landsat contracts entered into under sections
102 and 103 of the Land Remote Sensing Policy Act of 1992 (Public
Law 102-555, 106 Stat. 4168);
(7) coordination of a technology demonstration program pursuant
to section 60133 of this title; and
(8) ensuring that copies of data acquired by the Landsat system
are provided to the National Satellite Land Remote Sensing Data
Archive.
(d) Authority To Contract.--The Landsat Program Management may,
subject to appropriations and only under the existing contract
authority of the United States Government agencies that compose the
Landsat Program Management, enter into contracts with the private
sector for services such as satellite operations and data
preprocessing.
(e) Landsat Advisory Process.--
(1) Advice and comments.--The Landsat Program Management shall
seek impartial advice and comments regarding the status,
effectiveness, and operation of the Landsat system, using existing
advisory committees and other appropriate mechanisms. Such advice
shall be sought from individuals who represent--
(A) a broad range of perspectives on basic and applied
science and operational needs with respect to land remote
sensing data;
(B) the full spectrum of users of Landsat data, including
representatives from United States Government agencies, State
and local government agencies, academic institutions, nonprofit
organizations, value-added companies, the agricultural, mineral
extraction, and other user industries, and the public; and
(C) a broad diversity of age groups, sexes, and races.
(2) Reports.--The Landsat Program Management shall prepare and
submit biennially a report to Congress which--
(A) reports the public comments received pursuant to
paragraph (1); and
(B) includes--
(i) a response to the public comments received pursuant
to paragraph (1);
(ii) information on the volume of use, by category, of
data from the Landsat system; and
(iii) any recommendations for policy or programmatic
changes to improve the utility and operation of the Landsat
system.

Sec. 60112. Transfer of Landsat 6 program responsibilities

The responsibilities of the Secretary with respect to Landsat 6 shall
be transferred to the Landsat Program Management, as agreed to between
the Secretary and the Landsat Program Management, pursuant to section
60111 of this title.

Sec. 60113. Data policy for Landsat 7

(a) Landsat 7 Data Policy.--The Landsat Program Management, in
consultation with other appropriate United States Government agencies,
shall develop a data policy for Landsat 7 which should--
(1) ensure that unenhanced data are available to all users at the
cost of fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced data to
the full spectrum of civilian, national security, commercial, and
foreign users and the National Satellite Land Remote Sensing Data
Archive;
(3) ensure that the United States retains ownership of all
unenhanced data generated by Landsat 7;
(4) support the development of the commercial market for remote
sensing data;
(5) ensure that the provision of commercial value-added services
based on remote sensing data remains exclusively the function of
the private sector; and
(6) to the extent possible, ensure that the data distribution
system for Landsat 7 is compatible with the Earth Observing System
Data and Information System.
(b) Additional Data Policy Considerations.--In addition, the data
policy for Landsat 7 may provide for--
(1) United States private sector entities to operate ground
receiving stations in the United States for Landsat 7 data;
(2) other means for direct access by private sector entities to
unenhanced data from Landsat 7; and
(3) the United States Government to charge a per image fee,
license fee, or other such fee to entities operating ground
receiving stations or distributing Landsat 7 data.

SUBCHAPTER III--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

Sec. 60121. General licensing authority

(a) Licensing Authority of Secretary.--
(1) In general.--In consultation with other appropriate United
States Government agencies, the Secretary is authorized to license
private sector parties to operate private remote sensing space
systems for such period as the Secretary may specify and in
accordance with the provisions of this subchapter.
(2) Limitation with respect to system used for other purposes.--
In the case of a private space system that is used for remote
sensing and other purposes, the authority of the Secretary under
this subchapter shall be limited only to the remote sensing
operations of such space system.
(b) Compliance With Law, Regulations, International Obligations, and
National Security.--
(1) In general.--No license shall be granted by the Secretary
unless the Secretary determines in writing that the applicant will
comply with the requirements of this chapter, any regulations
issued pursuant to this chapter, and any applicable international
obligations and national security concerns of the United States.
(2) List of requirements for complete application.--The Secretary
shall publish in the Federal Register a complete and specific list
of all information required to comprise a complete application for
a license under this subchapter. An application shall be considered
complete when the applicant has provided all information required
by the list most recently published in the Federal Register before
the date the application was first submitted. Unless the Secretary
has, within 30 days after receipt of an application, notified the
applicant of information necessary to complete an application, the
Secretary may not deny the application on the basis of the absence
of any such information.
(c) Deadline for Action on Application.--The Secretary shall review
any application and make a determination thereon within 120 days of the
receipt of such application. If final action has not occurred within
such time, the Secretary shall inform the applicant of any pending
issues and of actions required to resolve them.
(d) Improper Basis for Denial.--The Secretary shall not deny such
license in order to protect any existing licensee from competition.
(e) Requirement To Provide Unenhanced Data.--
(1) Designation of data.--The Secretary, in consultation with
other appropriate United States Government agencies and pursuant to
paragraph (2), shall designate in a license issued pursuant to this
subchapter any unenhanced data required to be provided by the
licensee under section 60122(b)(3) of this title.
(2) Preliminary determination.--The Secretary shall make a
designation under paragraph (1) after determining that--
(A) such data are generated by a system for which all or a
substantial part of the development, fabrication, launch, or
operations costs have been or will be directly funded by the
United States Government; or
(B) it is in the interest of the United States to require
such data to be provided by the licensee consistent with
section 60122(b)(3) of this title, after considering the impact
on the licensee and the importance of promoting widespread
access to remote sensing data from United States and foreign
systems.
(3) Consistency with contract or other arrangement.--A
designation made by the Secretary under paragraph (1) shall not be
inconsistent with any contract or other arrangement entered into
between a United States Government agency and the licensee.

Sec. 60122. Conditions for operation

(a) License Required for Operation.--No person that is subject to the
jurisdiction or control of the United States may, directly or through
any subsidiary or affiliate, operate any private remote sensing space
system without a license pursuant to section 60121 of this title.
(b) Licensing Requirements.--Any license issued pursuant to this
subchapter shall specify that the licensee shall comply with all of the
requirements of this chapter and shall--
(1) operate the system in such manner as to preserve the national
security of the United States and to observe the international
obligations of the United States in accordance with section 60146
of this title;
(2) make available to the government of any country (including
the United States) unenhanced data collected by the system
concerning the territory under the jurisdiction of such government
as soon as such data are available and on reasonable terms and
conditions;
(3) make unenhanced data designated by the Secretary in the
license pursuant to section 60121(e) of this title available in
accordance with section 60141 of this title;
(4) upon termination of operations under the license, make
disposition of any satellites in space in a manner satisfactory to
the President;
(5) furnish the Secretary with complete orbit and data collection
characteristics of the system, and inform the Secretary immediately
of any deviation; and
(6) notify the Secretary of any significant or substantial
agreement the licensee intends to enter with a foreign nation,
entity, or consortium involving foreign nations or entities.
(c) Additional Licensing Requirements for Landsat 6 Contractor.--In
addition to the requirements of subsection (b), any license issued
pursuant to this subchapter to the Landsat 6 contractor shall specify
that the Landsat 6 contractor shall--
(1) notify the Secretary of any value added activities (as
defined by the Secretary by regulation) that will be conducted by
the Landsat 6 contractor or by a subsidiary or affiliate; and
(2) if such activities are to be conducted, provide the Secretary
with a plan for compliance with section 60141 of this title.

Sec. 60123. Administrative authority of Secretary

(a) Functions.--In order to carry out the responsibilities specified
in this subchapter, the Secretary may--
(1) grant, condition, or transfer licenses under this chapter;
(2) seek an order of injunction or similar judicial determination
from a district court of the United States with personal
jurisdiction over the licensee to terminate, modify, or suspend
licenses under this subchapter and to terminate licensed operations
on an immediate basis, if the Secretary determines that the
licensee has substantially failed to comply with any provisions of
this chapter, with any terms, conditions, or restrictions of such
license, or with any international obligations or national security
concerns of the United States;
(3) provide penalties for noncompliance with the requirements of
licenses or regulations issued under this subchapter, including
civil penalties not to exceed $10,000 (each day of operation in
violation of such licenses or regulations constituting a separate
violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpoenas for any materials, documents, or records, or
for the attendance and testimony of witnesses for the purpose of
conducting a hearing under this section;
(6) seize any object, record, or report pursuant to a warrant
from a magistrate based on a showing of probable cause to believe
that such object, record, or report was used, is being used, or is
likely to be used in violation of this chapter or the requirements
of a license or regulation issued thereunder; and
(7) make investigations and inquiries and administer to or take
from any person an oath, affirmation, or affidavit concerning any
matter relating to the enforcement of this chapter.
(b) Review of Agency Action.--Any applicant or licensee that makes a
timely request for review of an adverse action pursuant to paragraph
(1), (3), (5), or (6) of subsection (a) shall be entitled to
adjudication by the Secretary on the record after an opportunity for
any agency hearing with respect to such adverse action. Any final
action by the Secretary under this subsection shall be subject to
judicial review under chapter 7 of title 5.

Sec. 60124. Regulatory authority of Secretary

The Secretary may issue regulations to carry out this subchapter.
Such regulations shall be promulgated only after public notice and
comment in accordance with the provisions of section 553 of title 5.

Sec. 60125. Agency activities

(a) License Application and Issuance.--A private sector party may
apply for a license to operate a private remote sensing space system
which utilizes, on a space-available basis, a civilian United States
Government satellite or vehicle as a platform for such system. The
Secretary, pursuant to this subchapter, may license such system if it
meets all conditions of this subchapter and--
(1) the system operator agrees to reimburse the Government in a
timely manner for all related costs incurred with respect to such
utilization, including a reasonable and proportionate share of
fixed, platform, data transmission, and launch costs; and
(2) such utilization would not interfere with or otherwise
compromise intended civilian Government missions, as determined by
the agency responsible for such civilian platform.
(b) Assistance.--The Secretary may offer assistance to private sector
parties in finding appropriate opportunities for such utilization.
(c) Agreements.--To the extent provided in advance by appropriation
Acts, any United States Government agency may enter into agreements for
such utilization if such agreements are consistent with such agency's
mission and statutory authority, and if such remote sensing space
system is licensed by the Secretary before commencing operation.
(d) Applicability.--This section does not apply to activities carried
out under subchapter IV.
(e) Effect on FCC Authority.--Nothing in this subchapter shall affect
the authority of the Federal Communications Commission pursuant to the
Communications Act of 1934 (47 U.S.C. 151 et seq.).

SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION

Sec. 60131. Continued Federal research and development

(a) Roles of Administration and Department of Defense.--
(1) In general.--The Administrator and the Secretary of Defense
are directed to continue and to enhance programs of remote sensing
research and development.
(2) Administration activities authorized and encouraged.--The
Administrator is authorized and encouraged to--
(A) conduct experimental space remote sensing programs
(including applications demonstration programs and basic
research at universities);
(B) develop remote sensing technologies and techniques,
including those needed for monitoring the Earth and its
environment; and
(C) conduct such research and development in cooperation with
other United States Government agencies and with public and
private research entities (including private industry,
universities, non-profit organizations, State and local
governments, foreign governments, and international
organizations) and to enter into arrangements (including joint
ventures) which will foster such cooperation.
(b) Roles of Department of Agriculture and Department of the
Interior.--
(1) In general.--In order to enhance the ability of the United
States to manage and utilize its renewable and nonrenewable
resources, the Secretary of Agriculture and the Secretary of the
Interior are authorized and encouraged to conduct programs of
research and development in the applications of remote sensing
using funds appropriated for such purposes.
(2) Activities that may be included.--Such programs may include
basic research at universities, demonstrations of applications, and
cooperative activities involving other Government agencies, private
sector parties, and foreign and international organizations.
(c) Role of Other Federal Agencies.--Other United States Government
agencies are authorized and encouraged to conduct research and
development on the use of remote sensing in the fulfillment of their
authorized missions, using funds appropriated for such purposes.

Sec. 60132. Availability of federally gathered unenhanced data

(a) In General.--All unenhanced land remote sensing data gathered and
owned by the United States Government, including unenhanced data
gathered under the technology demonstration program carried out
pursuant to section 60133 of this title, shall be made available to
users in a timely fashion.
(b) Protection for Commercial Data Distributor.--The President shall
seek to ensure that unenhanced data gathered under the technology
demonstration program carried out pursuant to section 60133 of this
title shall, to the extent practicable, be made available on terms that
would not adversely affect the commercial market for unenhanced data
gathered by the Landsat 6 spacecraft.

Sec. 60133. Technology demonstration program

(a) Establishment.--As a fundamental component of a national land
remote sensing strategy, the President shall establish, through
appropriate United States Government agencies, a technology
demonstration program. The goals of the program shall be to--
(1) seek to launch advanced land remote sensing system components
within 5 years after October 28, 1992;
(2) demonstrate within such 5-year period advanced sensor
capabilities suitable for use in the anticipated land remote
sensing program; and
(3) demonstrate within such 5-year period an advanced land remote
sensing system design that could be less expensive to procure and
operate than the Landsat system projected to be in operation
through the year 2000, and that therefore holds greater potential
for private sector investment and control.
(b) Execution of Program.--In executing the technology demonstration
program, the President shall seek to apply technologies associated with
United States National Technical Means of intelligence gathering, to
the extent that such technologies are appropriate for the technology
demonstration and can be declassified for such purposes without causing
adverse harm to United States national security interests.
(c) Broad Application.--To the greatest extent practicable, the
technology demonstration program established under subsection (a) shall
be designed to be responsive to the broad civilian, national security,
commercial, and foreign policy needs of the United States.
(d) Private Sector Funding.--The technology demonstration program
under this section may be carried out in part with private sector
funding.
(e) Landsat Program Management Coordination.--The Landsat Program
Management shall have a coordinating role in the technology
demonstration program carried out under this section.

Sec. 60134. Preference for private sector land remote sensing system

(a) In General.--If a successor land remote sensing system to Landsat
7 can be funded and managed by the private sector while still achieving
the goals stated in subsection (b) without jeopardizing the domestic,
national security, and foreign policy interests of the United States,
preference should be given to the development of such a system by the
private sector without competition from the United States Government.
(b) Goals.--The goals referred to in subsection (a) are--
(1) to encourage the development, launch, and operation of a land
remote sensing system that adequately serves the civilian, national
security, commercial, and foreign policy interests of the United
States;
(2) to encourage the development, launch, and operation of a land
remote sensing system that maintains data continuity with the
Landsat system; and
(3) to incorporate system enhancements, including any such
enhancements developed under the technology demonstration program
under section 60133 of this title, which may potentially yield a
system that is less expensive to build and operate, and more
responsive to data users, than is the Landsat system otherwise
projected to be in operation in the future.

SUBCHAPTER V--GENERAL PROVISIONS

Sec. 60141. Nondiscriminatory data availability

(a) In General.--Except as provided in subsection (b), any unenhanced
data generated by the Landsat system or any other land remote sensing
system funded and owned by the United States Government shall be made
available to all users without preference, bias, or any other special
arrangement (except on the basis of national security concerns pursuant
to section 60146 of this title) regarding delivery, format, pricing, or
technical considerations which would favor one customer or class of
customers over another.
(b) Exceptions.--Unenhanced data generated by the Landsat system or
any other land remote sensing system funded and owned by the United
States Government may be made available to the United States Government
and its affiliated users at reduced prices, in accordance with this
chapter, on the condition that such unenhanced data are used solely for
noncommercial purposes.

Sec. 60142. Archiving of data

(a) Public Interest.--It is in the public interest for the United
States Government to--
(1) maintain an archive of land remote sensing data for
historical, scientific, and technical purposes, including long-term
global environmental monitoring;
(2) control the content and scope of the archive; and
(3) ensure the quality, integrity, and continuity of the archive.
(b) Archiving Practices.--The Secretary of the Interior, in
consultation with the Landsat Program Management, shall provide for
long-term storage, maintenance, and upgrading of a basic, global, land
remote sensing data set (hereafter in this section referred to as the
``basic data set'') and shall follow reasonable archival practices to
ensure proper storage and preservation of the basic data set and timely
access for parties requesting data.
(c) Determination of Content of Basic Data Set.--In determining the
initial content of, or in upgrading, the basic data set, the Secretary
of the Interior shall--
(1) use as a baseline the data archived on October 28, 1992;
(2) take into account future technical and scientific
developments and needs, paying particular attention to the
anticipated data requirements of global environmental change
research;
(3) consult with and seek the advice of users and producers of
remote sensing data and data products;
(4) consider the need for data which may be duplicative in terms
of geographical coverage but which differ in terms of season,
spectral bands, resolution, or other relevant factors;
(5) include, as the Secretary of the Interior considers
appropriate, unenhanced data generated either by the Landsat
system, pursuant to subchapter II, or by licensees under subchapter
III;
(6) include, as the Secretary of the Interior considers
appropriate, data collected by foreign ground stations or by
foreign remote sensing space systems; and
(7) ensure that the content of the archive is developed in
accordance with section 60146 of this title.
(d) Public Domain.--After the expiration of any exclusive right to
sell, or after relinquishment of such right, the data provided to the
National Satellite Land Remote Sensing Data Archive shall be in the
public domain and shall be made available to requesting parties by the
Secretary of the Interior at the cost of fulfilling user requests.

Sec. 60143. Nonreproduction

Unenhanced data distributed by any licensee under subchapter III may
be sold on the condition that such data will not be reproduced or
disseminated by the purchaser for commercial purposes.

Sec. 60144. Reimbursement for assistance

The Administrator, the Secretary of Defense, and the heads of other
United States Government agencies may provide assistance to land remote
sensing system operators under the provisions of this chapter.
Substantial assistance shall be reimbursed by the operator, except as
otherwise provided by law.

Sec. 60145. Acquisition of equipment

The Landsat Program Management may, by means of a competitive
process, allow a licensee under subchapter III or any other private
party to buy, lease, or otherwise acquire the use of equipment from the
Landsat system, when such equipment is no longer needed for the
operation of such system or for the sale of data from such system.
Officials of other United States Government civilian agencies are
authorized and encouraged to cooperate with the Secretary in carrying
out this section.

Sec. 60146. Radio frequency allocation

(a) Application to Federal Communications Commission.--To the extent
required by the Communications Act of 1934 (47 U.S.C. 151 et seq.), an
application shall be filed with the Federal Communications Commission
for any radio facilities involved with commercial remote sensing space
systems licensed under subchapter III.
(b) Deadline for FCC Action.--It is the intent of Congress that the
Federal Communications Commission complete the radio licensing process
under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the
application of any private sector party or consortium operator of any
commercial land remote sensing space system subject to this chapter,
within 120 days of the receipt of an application for such licensing. If
final action has not occurred within 120 days of the receipt of such an
application, the Federal Communications Commission shall inform the
applicant of any pending issues and of actions required to resolve
them.
(c) Development and Construction of United States Systems.--Authority
shall not be required from the Federal Communications Commission for
the development and construction of any United States land remote
sensing space system (or component thereof), other than radio
transmitting facilities or components, while any licensing
determination is being made.
(d) Consistency With International Obligations and Public Interest.--
Frequency allocations made pursuant to this section by the Federal
Communications Commission shall be consistent with international
obligations and with the public interest.

Sec. 60147. Consultation

(a) Consultation With Secretary of Defense.--The Secretary and the
Landsat Program Management shall consult with the Secretary of Defense
on all matters under this chapter affecting national security. The
Secretary of Defense shall be responsible for determining those
conditions, consistent with this chapter, necessary to meet national
security concerns of the United States and for notifying the Secretary
and the Landsat Program Management promptly of such conditions.
(b) Consultation With Secretary of State.--
(1) In general.--The Secretary and the Landsat Program Management
shall consult with the Secretary of State on all matters under this
chapter affecting international obligations. The Secretary of State
shall be responsible for determining those conditions, consistent
with this chapter, necessary to meet international obligations and
policies of the United States and for notifying promptly the
Secretary and the Landsat Program Management of such conditions.
(2) International aid.--Appropriate United States Government
agencies are authorized and encouraged to provide remote sensing
data, technology, and training to developing nations as a component
of programs of international aid.
(3) Reporting discriminatory distribution.--The Secretary of
State shall promptly report to the Secretary and Landsat Program
Management any instances outside the United States of
discriminatory distribution of Landsat data.
(c) Status Report.--The Landsat Program Management shall, as often as
necessary, provide to Congress complete and updated information about
the status of ongoing operations of the Landsat system, including
timely notification of decisions made with respect to the Landsat
system in order to meet national security concerns and international
obligations and policies of the United States Government.
(d) Reimbursements.--If, as a result of technical modifications
imposed on a licensee under subchapter III on the basis of national
security concerns, the Secretary, in consultation with the Secretary of
Defense or with other Federal agencies, determines that additional
costs will be incurred by the licensee, or that past development costs
(including the cost of capital) will not be recovered by the licensee,
the Secretary may require the agency or agencies requesting such
technical modifications to reimburse the licensee for such additional
or development costs, but not for anticipated profits. Reimbursements
may cover costs associated with required changes in system performance,
but not costs ordinarily associated with doing business abroad.

Sec. 60148. Enforcement

(a) In General.--In order to ensure that unenhanced data from the
Landsat system received solely for noncommercial purposes are not used
for any commercial purpose, the Secretary (in collaboration with
private sector entities responsible for the marketing and distribution
of unenhanced data generated by the Landsat system) shall develop and
implement a system for enforcing this prohibition, in the event that
unenhanced data from the Landsat system are made available for
noncommercial purposes at a different price than such data are made
available for other purposes.
(b) Authority of Secretary.--Subject to subsection (d), the Secretary
may impose any of the enforcement mechanisms described in subsection
(c) against a person that--
(1) receives unenhanced data from the Landsat system under this
chapter solely for noncommercial purposes (and at a different price
than the price at which such data are made available for other
purposes); and
(2) uses such data for other than noncommercial purposes.
(c) Enforcement Mechanisms.--Enforcement mechanisms referred to in
subsection (b) may include civil penalties of not more than $10,000
(per day per violation), denial of further unenhanced data purchasing
privileges, and any other penalties or restrictions the Secretary
considers necessary to ensure, to the greatest extent practicable, that
unenhanced data provided for noncommercial purposes are not used to
unfairly compete in the commercial market against private sector
entities not eligible for data at the cost of fulfilling user requests.
(d) Procedures and Regulations.--The Secretary shall issue any
regulations necessary to carry out this section and shall establish
standards and procedures governing the imposition of enforcement
mechanisms under subsection (b). The standards and procedures shall
include a procedure for potentially aggrieved parties to file formal
protests with the Secretary alleging instances where such unenhanced
data have been, or are being, used for commercial purposes in violation
of the terms of receipt of such data. The Secretary shall promptly act
to investigate any such protest, and shall report annually to Congress
on instances of such violations.

SUBCHAPTER VI--PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES

Sec. 60161. Prohibition

Neither the President nor any other official of the Government shall
make any effort to lease, sell, or transfer to the private sector, or
commercialize, any portion of the weather satellite systems operated by
the Department of Commerce or any successor agency.

Sec. 60162. Future considerations

Regardless of any change in circumstances subsequent to October 28,
1992, even if such change makes it appear to be in the national
interest to commercialize weather satellites, neither the President nor
any official shall take any action prohibited by section 60161 of this
title unless this subchapter has first been repealed.

CHAPTER 603--REMOTE SENSING

Sec.
60301.  Definitions.
60302.  General responsibilities.
60303.  Pilot projects to encourage public sector applications.
60304.  Program evaluation.
60305.  Data availability.
60306.  Education.

Sec. 60301. Definitions

In this chapter:
(1) Geospatial information.--The term ``geospatial information''
means knowledge of the nature and distribution of physical and
cultural features on the landscape based on analysis of data from
airborne or spaceborne platforms or other types and sources of
data.
(2) High resolution.--The term ``high resolution'' means
resolution better than five meters.
(3) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

Sec. 60302. General responsibilities

The Administrator shall--
(1) develop a sustained relationship with the United States
commercial remote sensing industry and, consistent with applicable
policies and law, to the maximum practicable, rely on their
services; and
(2) in conjunction with United States industry and universities,
research, develop, and demonstrate prototype Earth science
applications to enhance Federal, State, local, and tribal
governments' use of government and commercial remote sensing data,
technologies, and other sources of geospatial information for
improved decision support to address their needs.

Sec. 60303. Pilot projects to encourage public sector applications

(a) In General.--The Administrator shall establish a program of
grants for competitively awarded pilot projects to explore the
integrated use of sources of remote sensing and other geospatial
information to address State, local, regional, and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this section, the
Administrator shall give preference to projects that--
(1) make use of commercial data sets, including high resolution
commercial satellite imagery and derived satellite data products,
existing public data sets where commercial data sets are not
available or applicable, or the fusion of such data sets;
(2) integrate multiple sources of geospatial information, such as
geographic information system data, satellite-provided positioning
data, and remotely sensed data, in innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities that process
raw or lightly processed data, often merging that data with other
geospatial information, to create data products that have
significant value added to the original data; and
(5) taken together demonstrate as diverse a set of public sector
applications as possible.
(c) Opportunities.--In carrying out this section, the Administrator
shall seek opportunities to assist--
(1) in the development of commercial applications potentially
available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information technologies for
growth management.
(d) Duration.--Assistance for a pilot project under subsection (a)
shall be provided for a period not to exceed 3 years.
(e) Report.--Each recipient of a grant under subsection (a) shall
transmit a report to the Administrator on the results of the pilot
project within 180 days of the completion of that project.
(f) Workshop.--Each recipient of a grant under subsection (a) shall,
not later than 180 days after the completion of the pilot project,
conduct at least one workshop for potential users to disseminate the
lessons learned from the pilot project as widely as feasible.
(g) Regulations.--The Administrator shall issue regulations
establishing application, selection, and implementation procedures for
pilot projects, and guidelines for reports and workshops required by
this section.

Sec. 60304. Program evaluation

(a) Advisory Committee.--The Administrator shall establish an
advisory committee, consisting of individuals with appropriate
expertise in State, local, regional, and tribal agencies, the
university research community, and the remote sensing and other
geospatial information industries, to monitor the program established
under section 60303 of this title. The advisory committee shall consult
with the Federal Geographic Data Committee and other appropriate
industry representatives and organizations. Notwithstanding section 14
of the Federal Advisory Committee Act (5 App. U.S.C.), the advisory
committee established under this subsection shall remain in effect
until the termination of the program under section 60303 of this title.
(b) Effectiveness Evaluation.--Not later than December 31, 2009, the
Administrator shall transmit to Congress an evaluation of the
effectiveness of the program established under section 60303 of this
title in exploring and promoting the integrated use of sources of
remote sensing and other geospatial information to address State,
local, regional, and tribal agency needs. Such evaluation shall have
been conducted by an independent entity.

Sec. 60305. Data availability

The Administrator shall ensure that the results of each of the pilot
projects completed under section 60303 of this title shall be
retrievable through an electronic, internet-accessible database.

Sec. 60306. Education

The Administrator shall establish an educational outreach program to
increase awareness at institutions of higher education and State,
local, regional, and tribal agencies of the potential applications of
remote sensing and other geospatial information and awareness of the
need for geospatial workforce development.

CHAPTER 605--EARTH SCIENCE

Sec.
60501.  Goal.
60502.  Transitioning experimental research into operational services.
60503.  Reauthorization of Glory Mission.
60504.  Tornadoes and other severe storms.
60505.  Coordination with the National Oceanic and Atmospheric
Administration.
60506.  Sharing of climate related data.

Sec. 60501. Goal

The goal for the Administration's Earth Science program shall be to
pursue a program of Earth observations, research, and applications
activities to better understand the Earth, how it supports life, and
how human activities affect its ability to do so in the future. In
pursuit of this goal, the Administration's Earth Science program shall
ensure that securing practical benefits for society will be an
important measure of its success in addition to securing new knowledge
about the Earth system and climate change. In further pursuit of this
goal, the Administration shall, together with the National Oceanic and
Atmospheric Administration and other relevant agencies, provide United
States leadership in developing and carrying out a cooperative
international Earth observations-based research program.

Sec. 60502. Transitioning experimental research into operational
services

(a) Interagency Process.--The Director of the Office of Science and
Technology Policy, in consultation with the Administrator, the
Administrator of the National Oceanic and Atmospheric Administration,
and other relevant stakeholders, shall develop a process to transition,
when appropriate, Administration Earth science and space weather
missions or sensors into operational status. The process shall include
coordination of annual agency budget requests as required to execute
the transitions.
(b) Responsible Agency Official.--The Administrator and the
Administrator of the National Oceanic and Atmospheric Administration
shall each designate an agency official who shall have the
responsibility for and authority to lead the Administration's and the
National Oceanic and Atmospheric Administration's transition activities
and interagency coordination.
(c) Plan.--For each mission or sensor that is determined to be
appropriate for transition under subsection (a), the Administration and
the National Oceanic and Atmospheric Administration shall transmit to
Congress a joint plan for conducting the transition. The plan shall
include the strategy, milestones, and budget required to execute the
transition. The transition plan shall be transmitted to Congress no
later than 60 days after the successful completion of the mission or
sensor critical design review.

Sec. 60503. Reauthorization of Glory Mission

Congress reauthorizes the Administration to continue with development
of the Glory Mission, which will examine how aerosols and solar energy
affect the Earth's climate.

Sec. 60504. Tornadoes and other severe storms

The Administrator shall ensure that the Administration gives high
priority to those parts of its existing cooperative activities with the
National Oceanic and Atmospheric Administration that are related to the
study of tornadoes and other severe storms, tornado-force winds, and
other factors determined to influence the development of tornadoes and
other severe storms, with the goal of improving the Nation's ability to
predict tornados and other severe storms. Further, the Administrator
shall examine whether there are additional cooperative activities with
the National Oceanic and Atmospheric Administration that should be
undertaken in the area of tornado and severe storm research.

Sec. 60505. Coordination with the National Oceanic and Atmospheric
Administration

(a) Joint Working Group.--The Administrator and the Administrator of
the National Oceanic and Atmospheric Administration shall appoint a
Joint Working Group, which shall review and monitor missions of the two
agencies to ensure maximum coordination in the design, operation, and
transition of missions where appropriate. The Joint Working Group shall
also prepare the plans required by subsection (c).
(b) Coordination Report.--Not later than February 15 of each year,
the Administrator and the Administrator of the National Oceanic and
Atmospheric Administration shall jointly transmit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
how the Earth science programs of the Administration and the National
Oceanic and Atmospheric Administration will be coordinated during the
fiscal year following the fiscal year in which the report is
transmitted.
(c) Coordination of Transition Planning and Reporting.--The
Administrator, in conjunction with the Administrator of the National
Oceanic and Atmospheric Administration and in consultation with other
relevant agencies, shall evaluate relevant Administration science
missions for their potential operational capabilities and shall prepare
transition plans for the existing and future Earth observing systems
found to have potential operational capabilities.
(d) Limitation.--The Administrator shall not transfer any
Administration Earth science mission or Earth observing system to the
National Oceanic and Atmospheric Administration until the plan required
under subsection (c) has been approved by the Administrator and the
Administrator of the National Oceanic and Atmospheric Administration
and until financial resources have been identified to support the
transition or transfer in the President's budget request for the
National Oceanic and Atmospheric Administration.

Sec. 60506. Sharing of climate related data

The Administrator shall work to ensure that the Administration's
policies on the sharing of climate related data respond to the
recommendations of the Government Accountability Office's report on
climate change research and data-sharing policies and to the
recommendations on the processing, distribution, and archiving of data
by the National Academies Earth Science Decadal Survey, ``Earth Science
and Applications from Space'', and other relevant National Academies
reports, to enhance and facilitate their availability and widest
possible use to ensure public access to accurate and current data on
global warming.

Subtitle VII--Access to Space

CHAPTER 701--USE OF SPACE SHUTTLE OR ALTERNATIVES

Sec.
70101.  Recovery of fair value of placing Department of Defense payloads
in orbit with space shuttle.
70102.  Space shuttle use policy.
70103.  Commercial payloads on space shuttle.

Sec. 70101. Recovery of fair value of placing Department of Defense
payloads in orbit with space shuttle

Notwithstanding any other provision of law, or any interagency
agreement, the Administrator shall charge such prices as are necessary
to recover the fair value of placing Department of Defense payloads
into orbit by means of the space shuttle.

Sec. 70102. Space shuttle use policy

(a) Use Policy.--
(1) In general.--
(A) Policy.--It shall be the policy of the United States to
use the space shuttle--
(i) for purposes that require a human presence;
(ii) for purposes that require the unique capabilities of
the space shuttle; or
(iii) when other compelling circumstances exist.
(B) Definition of compelling circumstances.--In this
paragraph, the term ``compelling circumstances'' includes, but
is not limited to, occasions when the Administrator determines,
in consultation with the Secretary of Defense and the Secretary
of State, that important national security or foreign policy
interests would be served by a shuttle launch.
(2) Using available cargo space for secondary payloads.--The
policy stated in paragraph (1) shall not preclude the use of
available cargo space, on a space shuttle mission otherwise
consistent with the policy described in paragraph (1), for the
purpose of carrying secondary payloads (as defined by the
Administrator) that do not require a human presence if such
payloads are consistent with the requirements of research,
development, demonstration, scientific, commercial, and educational
programs authorized by the Administrator.
(b) Annual Report.--At least annually, the Administrator shall submit
to Congress a report certifying that the payloads scheduled to be
launched on the space shuttle for the next 4 years are consistent with
the policy set forth in subsection (a)(1). For each payload scheduled
to be launched from the space shuttle that does not require a human
presence, the Administrator shall, in the certified report to Congress,
state the specific circumstances that justified the use of the space
shuttle. If, during the period between scheduled reports to Congress,
any additions are made to the list of certified payloads intended to be
launched from the shuttle, the Administrator shall inform Congress of
the additions and the reasons therefor within 45 days of the change.
(c) Administration Payloads.--The report described in subsection (b)
shall also include those Administration payloads designed solely to fly
on the space shuttle which have begun the phase C/D of its development
cycle.

Sec. 70103. Commercial payloads on space shuttle

(a) Definitions.--In this section:
(1) Launch vehicle.--The term ``launch vehicle'' means any
vehicle constructed for the purpose of operating in, or placing a
payload in, outer space.
(2) Payload.--The term ``payload'' means an object which a person
undertakes to place in outer space by means of a launch vehicle,
and includes subcomponents of the launch vehicle specifically
designed or adapted for that object.
(b) In General.--Commercial payloads may not be accepted for launch
as primary payloads on the space shuttle unless the Administrator
determines that--
(1) the payload requires the unique capabilities of the space
shuttle; or
(2) launching of the payload on the space shuttle is important
for either national security or foreign policy purposes.

CHAPTER 703--SHUTTLE PRICING POLICY FOR COMMERCIAL AND FOREIGN USERS

Sec.
70301.  Congressional findings and declarations.
70302.  Purpose, policy, and goals.
70303.  Definition of additive cost.
70304.  Duties of Administrator.

Sec. 70301. Congressional findings and declarations

Congress finds and declares that--
(1) the Space Transportation System is a vital element of the
United States space program, contributing to the United States
leadership in space research, technology, and development;
(2) the Space Transportation System is the primary space launch
system for both United States national security and civil
government missions;
(3) the Space Transportation System contributes to the expansion
of United States private sector investment and involvement in space
and therefore should serve commercial users;
(4) the availability of the Space Transportation System to
foreign users for peaceful purposes is an important means of
promoting international cooperative activities in the national
interest and in maintaining access to space for activities which
enhance the security and welfare of humankind;
(5) the United States is committed to maintaining world
leadership in space transportation;
(6) making the Space Transportation System fully operational and
cost effective in providing routine access to space will maximize
the national economic benefits of the system; and
(7) national goals and the objectives for the Space
Transportation System can be furthered by a stable and fair pricing
policy for the Space Transportation System.

Sec. 70302. Purpose, policy, and goals

The purpose of this chapter is to set, for commercial and foreign
users, the reimbursement pricing policy for the Space Transportation
System that is consistent with the findings included in section 70301
of this title, encourages the full and effective use of space, and is
designed to achieve the following goals:
(1) The preservation of the role of the United States as a leader
in space research, technology, and development.
(2) The efficient and cost effective use of the Space
Transportation System.
(3) The achievement of greatly increased commercial space
activity.
(4) The enhancement of the international competitive position of
the United States.

Sec. 70303. Definition of additive cost

In this chapter, the term ``additive cost'' means the average direct
and indirect costs to the Administration of providing additional
flights of the Space Transportation System beyond the costs associated
with those flights necessary to meet the space transportation needs of
the United States Government.

Sec. 70304. Duties of Administrator

(a) Establishment and Implementation of Reimbursement Recovery
System.--The Administrator shall establish and implement a pricing
system to recover reimbursement in accordance with the pricing policy
under section 70302 of this title from each commercial or foreign user
of the Space Transportation System, which, except as provided in
subsections (c), (d), and (e), shall include a base price of not less
than $74,000,000 for each flight of the Space Transportation System in
1982 dollars.
(b) Reports to Congress.--Each year the Administrator shall submit to
the President of the Senate, the Speaker of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Science and Technology of the House
of Representatives a report, transmitted contemporaneously with the
annual budget request of the President, which shall inform Congress how
the policy goals contained in section 70302 of this title are being
furthered by the shuttle price for foreign and commercial users.
(c) Reduction of Base Price.--
(1) Authority to reduce.--If at any time the Administrator finds
that the policy goals contained in section 70302 of this title are
not being achieved, the Administrator shall have authority to
reduce the base price established in subsection (a) after 45 days
following receipt by the President of the Senate, the Speaker of
the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Science and
Technology of the House of Representatives of a notice by the
Administrator containing a description of the proposed reduction
together with a full and complete statement of the facts and
circumstances which necessitate such proposed reduction.
(2) Minimum price.--In no case shall the minimum price
established under paragraph (1) be less than additive cost.
(d) Low or No-Cost Flights.--The Administrator may set a price lower
than the price determined under subsection (a) or (c), or provide no-
cost flights, for any commercial or foreign user of the Space
Transportation System that is involved in research, development, or
demonstration programs with the Administration.
(e) Customer Incentives.--Notwithstanding the provisions of
subsection (a), the Administrator shall have the authority to offer
reasonable customer incentives consistent with the policy goals in
section 70302 of this title.

CHAPTER 705--EXPLORATION INITIATIVES

Sec.
70501.  Space shuttle follow-on.
70502.  Exploration plan and programs.
70503.  Ground-based analog capabilities.
70504.  Stepping stone approach to exploration.
70505.  Lunar outpost.
70506.  Exploration technology research.
70507.  Technology development.
70508.  Robotic or human servicing of spacecraft.

Sec. 70501. Space shuttle follow-on

(a) Policy Statement.--It is the policy of the United States to
possess the capability for human access to space on a continuous basis.
(b) Annual Report.--The Administrator shall transmit an annual report
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the progress being made toward
developing the Crew Exploration Vehicle and the Crew Launch Vehicle and
the estimated time before they will demonstrate crewed, orbital
spaceflight.

Sec. 70502. Exploration plan and programs

The Administrator shall--
(1) construct an architecture and implementation plan for the
Administration's human exploration program that is not critically
dependent on the achievement of milestones by fixed dates;
(2) implement an exploration technology development program to
enable lunar human and robotic operations consistent with section
20302(b) of this title, including surface power to use on the Moon
and other locations;
(3) conduct an in-situ resource utilization technology program to
develop the capability to use space resources to increase
independence from Earth, and sustain exploration beyond low-Earth
orbit; and
(4) pursue aggressively automated rendezvous and docking
capabilities that can support the International Space Station and
other mission requirements.

Sec. 70503. Ground-based analog capabilities

(a) In General.--The Administrator may establish a ground-based
analog capability in remote United States locations in order to assist
in the development of lunar operations, life support, and in-situ
resource utilization experience and capabilities.
(b) Environmental Characteristics.--The Administrator shall select
locations for the activities described in subsection (a) that--
(1) are regularly accessible;
(2) have significant temperature extremes and range; and
(3) have access to energy and natural resources (including
geothermal, permafrost, volcanic, or other potential resources).
(c) Involvement of Local Populations and Private Sector Partners.--In
carrying out this section, the Administrator shall involve local
populations, academia, and industrial partners as much as possible to
ensure that ground-based benefits and applications are encouraged and
developed.

Sec. 70504. Stepping stone approach to exploration

In order to maximize the cost-effectiveness of the long-term
exploration and utilization activities of the United States, the
Administrator shall take all necessary steps, including engaging
international partners, to ensure that activities in its lunar
exploration program shall be designed and implemented in a manner that
gives strong consideration to how those activities might also help meet
the requirements of future exploration and utilization activities
beyond the Moon. The timetable of the lunar phase of the long-term
international exploration initiative shall be determined by the
availability of funding. However, once an exploration-related project
enters its development phase, the Administrator shall seek, to the
maximum extent practicable, to complete that project without undue
delays.

Sec. 70505. Lunar outpost

(a) Establishment.--As the Administration works toward the
establishment of a lunar outpost, the Administration shall make no
plans that would require a lunar outpost to be occupied to maintain its
viability. Any such outpost shall be operable as a human-tended
facility capable of remote or autonomous operation for extended
periods.
(b) Designation.--The United States portion of the first human-tended
outpost established on the surface of the Moon shall be designated the
``Neil A. Armstrong Lunar Outpost''.

Sec. 70506. Exploration technology research

The Administrator shall carry out a program of long-term exploration-
related technology research and development, including such things as
in-space propulsion, power systems, life support, and advanced
avionics, that is not tied to specific flight projects. The program
shall have the funding goal of ensuring that the technology research
and development can be completed in a timely manner in order to support
the safe, successful, and sustainable exploration of the solar system.
In addition, in order to ensure that the broadest range of innovative
concepts and technologies are captured, the long-term technology
program shall have the goal of having a significant portion of its
funding available for external grants and contracts with universities,
research institutions, and industry.

Sec. 70507. Technology development

The Administrator shall establish an intra-Directorate long-term
technology development program for space and Earth science within the
Science Mission Directorate for the development of new technology. The
program shall be independent of the flight projects under development.
The Administration shall have a goal of funding the intra-Directorate
technology development program at a level of 5 percent of the total
Science Mission Directorate annual budget. The program shall be
structured to include competitively awarded grants and contracts.

Sec. 70508. Robotic or human servicing of spacecraft

The Administrator shall take all necessary steps to ensure that
provision is made in the design and construction of all future
observatory-class scientific spacecraft intended to be deployed in
Earth orbit or at a Lagrangian point in space for robotic or human
servicing and repair to the extent practicable and appropriate.

CHAPTER 707--HUMAN SPACE FLIGHT INDEPENDENT INVESTIGATION COMMISSION

Sec.
70701.  Definitions.
70702.  Establishment of Commission.
70703.  Tasks of Commission.
70704.  Composition of Commission.
70705.  Powers of Commission.
70706.  Public meetings, information, and hearings.
70707.  Staff of Commission.
70708.  Compensation and travel expenses.
70709.  Security clearances for Commission members and staff.
70710.  Reporting requirements and termination.

Sec. 70701. Definitions

In this chapter:
(1) Commission.--The term ``Commission'' means a Commission
established under this chapter.
(2) Incident.--The term ``incident'' means either an accident or
a deliberate act.

Sec. 70702. Establishment of Commission

(a) Establishment.--The President shall establish an independent,
nonpartisan Commission within the executive branch to investigate any
incident that results in the loss of--
(1) a space shuttle;
(2) the International Space Station or its operational viability;
(3) any other United States space vehicle carrying humans that is
owned by the Federal Government or that is being used pursuant to a
contract with the Federal Government; or
(4) a crew member or passenger of any space vehicle described in
this subsection.
(b) Deadline for Establishment.--The President shall establish a
Commission within 7 days after an incident specified in subsection (a).

Sec. 70703. Tasks of Commission

A Commission established pursuant to this chapter shall, to the
extent possible, undertake the following tasks:
(1) Investigation.--Investigate the incident.
(2) Cause.--Determine the cause of the incident.
(3) Contributing factors.--Identify all contributing factors to
the cause of the incident.
(4) Recommendations.--Make recommendations for corrective
actions.
(5) Additional findings or recommendations.--Provide any
additional findings or recommendations deemed by the Commission to
be important, whether or not they are related to the specific
incident under investigation.
(6) Report.--Prepare a report to Congress, the President, and the
public.

Sec. 70704. Composition of Commission

(a) Number of Commissioners.--A Commission established pursuant to
this chapter shall consist of 15 members.
(b) Selection.--The members of a Commission shall be chosen in the
following manner:
(1) Appointment by president.--The President shall appoint the
members, and shall designate the Chairman and Vice Chairman of the
Commission from among its members.
(2) Lists provided by leaders of congress.--The majority leader
of the Senate, the minority leader of the Senate, the Speaker of
the House of Representatives, and the minority leader of the House
of Representatives shall each provide to the President a list of
candidates for membership on the Commission. The President may
select one of the candidates from each of the 4 lists for
membership on the Commission.
(3) Prohibition regarding federal officers and employees and
members of congress.--No officer or employee of the Federal
Government or Member of Congress shall serve as a member of the
Commission.
(4) Prohibition regarding contractors.--No member of the
Commission shall have, or have pending, a contractual relationship
with the Administration.
(5) Prohibition regarding conflict of interest.--The President
shall not appoint any individual as a member of a Commission under
this section who has a current or former relationship with the
Administrator that the President determines would constitute a
conflict of interest.
(6) Experience.--To the extent practicable, the President shall
ensure that the members of the Commission include some individuals
with experience relative to human carrying spacecraft, as well as
some individuals with investigative experience and some individuals
with legal experience.
(7) Diversity.--To the extent practicable, the President shall
seek diversity in the membership of the Commission.
(c) Deadline for Appointment.--All members of a Commission
established under this chapter shall be appointed no later than 30 days
after the incident.
(d) Initial Meeting.--A Commission shall meet and begin operations as
soon as practicable.
(e) Subsequent Meetings.--After its initial meeting, a Commission
shall meet upon the call of the Chairman or a majority of its members.
(f) Quorum.--Eight members of a Commission shall constitute a quorum.
(g) Vacancies.--Any vacancy in a Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.

Sec. 70705. Powers of Commission

(a) Hearings and Evidence.--A Commission or, on the authority of the
Commission, any subcommittee or member thereof, may, for the purpose of
carrying out this chapter--
(1) hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, administer such oaths;
and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or member may
determine advisable.
(b) Contracting.--A Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this chapter.
(c) Information From Federal Agencies.--
(1) In general.--A Commission may secure directly from any
executive department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for the
purposes of this chapter. Each department, bureau, agency, board,
commission, office, independent establishment, or instrumentality
shall, to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the Commission,
upon request made by the Chairman, the chairman of any subcommittee
created by a majority of the Commission, or any member designated
by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--Information
shall only be received, handled, stored, and disseminated by
members of the Commission and its staff consistent with all
applicable statutes, regulations, and Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to a Commission on a reimbursable
basis administrative support and other services for the performance
of the Commission's tasks.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and agencies of
the United States may provide to the Commission such services,
funds, facilities, staff, and other support services as they may
determine advisable and as may be authorized by law.
(3) Administration engineering and safety center.--The
Administration Engineering and Safety Center shall provide data and
technical support as requested by the Commission.

Sec. 70706. Public meetings, information, and hearings

(a) Public Meetings and Release of Public Versions of Reports.--A
Commission shall--
(1) hold public hearings and meetings to the extent appropriate;
and
(2) release public versions of the reports required under this
chapter.
(b) Public Hearings.--Any public hearings of a Commission shall be
conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.

Sec. 70707. Staff of Commission

(a) Appointment and Compensation.--The Chairman, in consultation with
the Vice Chairman, in accordance with rules agreed upon by a
Commission, may appoint and fix the compensation of a staff director
and such other personnel as may be necessary to enable the Commission
to carry out its functions.
(b) Detailees.--Any Federal Government employee, except for an
employee of the Administration, may be detailed to a Commission without
reimbursement from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular employment without
interruption.
(c) Consultant Services.--A Commission may procure the services of
experts and consultants in accordance with section 3109 of title 5, but
at rates not to exceed the daily equivalent of the annual rate of basic
pay in effect for positions at level IV of the Executive Schedule under
section 5315 of title 5. An expert or consultant whose services are
procured under this subsection shall disclose any contract or
association the expert or consultant has with the Administration or any
Administration contractor.

Sec. 70708. Compensation and travel expenses

(a) Compensation.--Each member of a Commission may be compensated at
a rate not to exceed the daily equivalent of the annual rate of basic
pay in effect for positions at level IV of the Executive Schedule under
section 5315 of title 5 for each day during which that member is
engaged in the actual performance of the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of a Commission shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5.

Sec. 70709. Security clearances for Commission members and staff

The appropriate Federal agencies or departments shall cooperate with
a Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant
to existing procedures and requirements. No person shall be provided
with access to classified information under this chapter without the
appropriate security clearances.

Sec. 70710. Reporting requirements and termination

(a) Interim Reports.--A Commission may submit to the President and
Congress interim reports containing such findings, conclusions, and
recommendations for corrective actions as have been agreed to by a
majority of Commission members.
(b) Final Report.--A Commission shall submit to the President and
Congress, and make concurrently available to the public, a final report
containing such findings, conclusions, and recommendations for
corrective actions as have been agreed to by a majority of Commission
members. Such report shall include any minority views or opinions not
reflected in the majority report.
(c) Termination.--
(1) In general.--A Commission, and all the authorities of this
chapter with respect to that Commission, shall terminate 60 days
after the date on which the final report is submitted under
subsection (b).
(2) Administrative activities before termination.--A Commission
may use the 60-day period referred to in paragraph (1) for the
purpose of concluding its activities, including providing testimony
to committees of Congress concerning its reports and disseminating
the final report.

CHAPTER 709--INTERNATIONAL SPACE STATION

Sec.
70901.  Peaceful uses of space station.
70902.  Allocation of International Space Station research budget.
70903.  International Space Station research.
70904.  International Space Station completion.
70905.  National laboratory designation.
70906.  International Space Station National Laboratory Advisory
Committee.
70907.  Maintaining use through at least 2020.

Sec. 70901. Peaceful uses of space station

No civil space station authorized under section 103(a)(1) of the
National Aeronautics and Space Administration Authorization Act, Fiscal
Year 1991 (Public Law 101-611, 104 Stat. 3190) may be used to carry or
place in orbit any nuclear weapon or any other weapon of mass
destruction, to install any such weapon on any celestial body, or to
station any such weapon in space in any other manner. This civil space
station may be used only for peaceful purposes.

Sec. 70902. Allocation of International Space Station research budget

The Administrator shall allocate at least 15 percent of the funds
budgeted for International Space Station research to ground-based,
free-flyer, and International Space Station life and microgravity
science research that is not directly related to supporting the human
exploration program, consistent with section 40904 of this title.

Sec. 70903. International Space Station research

The Administrator shall--
(1) carry out a program of microgravity research consistent with
section 40904 of this title; and
(2) consider the need for a life sciences centrifuge and any
associated holding facilities.

Sec. 70904. International Space Station completion

(a) Policy.--It is the policy of the United States to achieve diverse
and growing utilization of, and benefits from, the International Space
Station.
(b) Elements, Capabilities, and Configuration Criteria.--The
Administrator shall ensure that the International Space Station will--
(1) be assembled and operated in a manner that fulfills
international partner agreements, as long as the Administrator
determines that the shuttle can safely enable the United States to
do so;
(2) be used for a diverse range of microgravity research,
including fundamental, applied, and commercial research, consistent
with section 40904 of this title;
(3) have an ability to support a crew size of at least 6 persons,
unless the Administrator transmits to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later than
60 days after December 30, 2005, a report explaining why such a
requirement should not be met, the impact of not meeting the
requirement on the International Space Station research agenda and
operations and international partner agreements, and what
additional funding or other steps would be required to have an
ability to support a crew size of at least 6 persons;
(4) support Crew Exploration Vehicle docking and automated
docking of cargo vehicles or modules launched by either heavy-lift
or commercially-developed launch vehicles;
(5) support any diagnostic human research, on-orbit
characterization of molecular crystal growth, cellular research,
and other research that the Administration believes is necessary to
conduct, but for which the Administration lacks the capacity to
return the materials that need to be analyzed to Earth; and
(6) be operated at an appropriate risk level.
(c) Contingencies.--
(1) Policy.--The Administrator shall ensure that the
International Space Station can have available, if needed,
sufficient logistics and on-orbit capabilities to support any
potential period during which the space shuttle or its follow-on
crew and cargo systems are unavailable, and can have available, if
needed, sufficient surge delivery capability or prepositioning of
spares and other supplies needed to accommodate any such hiatus.
(2) Plan.--Before making any change in the International Space
Station assembly sequence in effect on December 30, 2005, 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 plan to carry
out the policy described in paragraph (1).

Sec. 70905. National laboratory designation

(a) Definition of United States Segment of the International Space
Station.--In this section the term ``United States segment of the
International Space Station'' means those elements of the International
Space Station manufactured--
(1) by the United States; or
(2) for the United States by other nations in exchange for funds
or launch services.
(b) Designation.--To further the policy described in section 70501(a)
of this title, the United States segment of the International Space
Station is hereby designated a national laboratory.
(c) Management.--
(1) Partnerships.--The Administrator shall seek to increase the
utilization of the International Space Station by other Federal
entities and the private sector through partnerships, cost-sharing
agreements, and other arrangements that would supplement
Administration funding of the International Space Station.
(2) Contracting.--The Administrator may enter into a contract
with a nongovernmental entity to operate the International Space
Station national laboratory, subject to all applicable Federal laws
and regulations.

Sec. 70906. International Space Station National Laboratory Advisory
Committee

(a) Establishment.--Not later than one year after October 15, 2008,
the Administrator shall establish under the Federal Advisory Committee
Act a committee to be known as the ``International Space Station
National Laboratory Advisory Committee'' (hereafter in this section
referred to as the ``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall be composed of individuals
representing organizations that have formal agreements with the
Administration to utilize the United States portion of the
International Space Station, including allocations within partner
elements.
(2) Chair.--The Administrator shall appoint a chair from among
the members of the Committee, who shall serve for a 2-year term.
(c) Duties of the Committee.--
(1) In general.--The Committee shall monitor, assess, and make
recommendations regarding effective utilization of the
International Space Station as a national laboratory and platform
for research.
(2) Annual report.--The Committee shall submit to the
Administrator, on an annual basis or more frequently as considered
necessary by a majority of the members of the Committee, a report
containing the assessments and recommendations required by
paragraph (1).
(d) Duration.--The Committee shall exist for the life of the
International Space Station.

Sec. 70907. Maintaining use through at least 2020

The Administrator shall take all necessary steps to ensure that the
International Space Station remains a viable and productive facility
capable of potential United States utilization through at least 2020
and shall take no steps that would preclude its continued operation and
utilization by the United States after 2015.

CHAPTER 711--NEAR-EARTH OBJECTS

Sec.
71101.  Reaffirmation of policy.
71102.  Requests for information.
71103.  Developing policy and recommending responsible Federal agency.
71104.  Planetary radar.

Sec. 71101. Reaffirmation of policy

Congress reaffirms the policy set forth in section 20102(g) of this
title (relating to surveying near-Earth asteroids and comets).

Sec. 71102. Requests for information

The Administrator shall issue requests for information on--
(1) a low-cost space mission with the purpose of rendezvousing
with, attaching a tracking device, and characterizing the Apophis
asteroid; and
(2) a medium-sized space mission with the purpose of detecting
near-Earth objects equal to or greater than 140 meters in diameter.

Sec. 71103. Developing policy and recommending responsible Federal
agency

Within 2 years after October 15, 2008, the Director of the Office of
Science and Technology Policy shall--
(1) develop a policy for notifying Federal agencies and relevant
emergency response institutions of an impending near-Earth object
threat, if near-term public safety is at risk; and
(2) recommend a Federal agency or agencies to be responsible
for--
(A) protecting the United States from a near-Earth object
that is expected to collide with Earth; and
(B) implementing a deflection campaign, in consultation with
international bodies, should one be necessary.

Sec. 71104. Planetary radar

The Administrator shall maintain a planetary radar that is comparable
to the capability provided through the Deep Space Network Goldstone
facility of the Administration.

CHAPTER 713--COOPERATION FOR SAFETY AMONG SPACEFARING NATIONS

Sec.
71301.  Common docking system standard to enable rescue.
71302.  Information sharing to avoid physical or radio-frequency
interference.

Sec. 71301. Common docking system standard to enable 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 spacefaring 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.

Sec. 71302. Information sharing to avoid physical or radio-frequency
interference

The Administrator shall, in consultation with other agencies of the
Federal Government as the Administrator considers appropriate, initiate
discussions with the appropriate representatives of spacefaring nations
to determine an appropriate frame-work under which information intended
to promote safe access into outer space, operations in outer space, and
return from outer space to Earth free from physical or radio-frequency
interference can be shared among the nations.

SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.

(a) Title 5.--Section 9811(a)(1)(E) of title 5, United States Code,
is amended by striking ``section 203(c)(2)(A) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))'' and
substituting ``section 20113(b)(1) of title 51''.
(b) Title 31.--Section 1304(a)(3)(D) of title 31, United States Code,
is amended by striking ``section 203 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2473)'' and substituting ``section 20113
of title 51''.
(c) Title 35.--Section 210(a)(7) of title 35, United States Code, is
amended by striking ``section 305 of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2457)'' and substituting ``section 20135 of
title 51''.
(d) Transfer of Chapters 701 and 703 of Title 49, United States
Code.--
(1) Title 49, united states code.--Title 49, United States Code,
is amended as follows:
(A) In the analysis for title 49, United States Code, the
item related to subtitle IX is amended to read as follows:
[TRANSFERRED]''.
(B) The heading and analysis for subtitle IX of title 49,
United States Code, are amended to read as follows:

``Subtitle IX--[Transferred]

``Chapter                                                           Sec.

[Transferred]
[Transferred]''.
(2) Renumbering and transfer of chapters.--Chapters 701 and 703
of title 49, United States Code, are renumbered as chapters 509 and
511, respectively, of title 51, United States Code, and transferred
so as to appear after chapter 507 of title 51, United States Code,
as enacted by section 3 of this Act.
(3) Renumbering of sections in chapter 509 of title 51, united
states code.--In chapter 509 of title 51, United States Code, as
renumbered by paragraph (2), and in the chapter analysis, the
sections are renumbered as follows:
(A) Section 70101 is renumbered 50901.
(B) Section 70102 is renumbered 50902.
(C) Section 70103 is renumbered 50903.
(D) Section 70104 is renumbered 50904.
(E) Section 70105 is renumbered 50905.
(F) Section 70105a is renumbered 50906.
(G) Section 70106 is renumbered 50907.
(H) Section 70107 is renumbered 50908.
(I) Section 70108 is renumbered 50909.
(J) Section 70109 is renumbered 50910.
(K) Section 70109a is renumbered 50911.
(L) Section 70110 is renumbered 50912.
(M) Section 70111 is renumbered 50913.
(N) Section 70112 is renumbered 50914.
(O) Section 70113 is renumbered 50915.
(P) Section 70114 is renumbered 50916.
(Q) Section 70115 is renumbered 50917.
(R) Section 70116 is renumbered 50918.
(S) Section 70117 is renumbered 50919.
(T) Section 70118 is renumbered 50920.
(U) Section 70119 is renumbered 50921.
(V) Section 70120 is renumbered 50922.
(W) Section 70121 is renumbered 50923.
(4) Renumbering of sections in chapter 511 of title 51, united
states code.--In chapter 511 of title 51, United States Code, as
renumbered by paragraph (2), and in the chapter analysis, the
sections are renumbered as follows:
(A) Section 70301 is renumbered 51101.
(B) Section 70302 is renumbered 51102.
(C) Section 70303 is renumbered 51103.
(D) Section 70304 is renumbered 51104.
(E) Section 70305 is renumbered 51105.
(5) Cross references in chapter 509 of title 51, united states
code.--
(A) Section 50902(11) of title 51, United States Code, as
renumbered by paragraph (3), is amended--
(i) by striking ``section 70104(c)'' and substituting
``section 50904(c)''; and
(ii) by striking ``section 70105a'' and substituting
``section 50906''.
(B) Section 50902(19) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70120(c)(2)'' and substituting ``section 50922(c)(2)''.
(C) Section 50904(a)(2) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70102(1)(A) or (B)'' and substituting ``section 50902(1)(A) or
(B)''.
(D) Section 50904(a)(3) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70102(1)(C)'' and substituting ``section 50902(1)(C)''.
(E) Section 50904(a)(4) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70102(1)(C)'' and substituting ``section 50902(1)(C)''.
(F) Section 50905(b)(5)(A) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70112(a)(2) and (c)'' and substituting ``section
50914(a)(2) and (c)''.
(G) Section 50906(c) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70105(b)(2)(C)'' and substituting ``section 50905(b)(2)(C)''.
(H) Section 50906(i) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``sections
70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117,
and 70121'' and substituting ``sections 50907, 50908, 50909,
50910, 50912, 50914, 50917, 50918, 50919, and 50923''.
(I) Section 50907(a) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``sections
70104(c), 70105, and 70105a'' and substituting ``sections
50904(c), 50905, and 50906''.
(J) Section 50908(b)(2) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70105(c)'' and substituting ``section 50905(c)''.
(K) Section 50908(e) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70110'' and substituting ``section 50912''.
(L) Section 50909(b) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70110'' and substituting ``section 50912''.
(M) Section 50912(a)(1) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70105(a) or 70105a'' and substituting ``section 50905(a) or
50906''.
(N) Section 50912(a)(2) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70104(c)'' and substituting ``section 50904(c)''.
(O) Section 50912(a)(3)(A) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70107(b) or (c)'' and substituting ``section 50908(b)
or (c)''.
(P) Section 50912(a)(3)(B) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70108(a)'' and substituting ``section 50909(a)''.
(Q) Section 50915(a)(1)(A) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70112(a)(1)(A)'' and substituting ``section
50914(a)(1)(A)''.
(R) Section 50915(a)(2) of title 51, United States Code, as
renumbered by paragraph (3), is amended--
(i) by striking ``section 70112(a)(1)(A)'' and
substituting ``section 50914(a)(1)(A)''; and
(ii) by striking ``section 70112(a)(1)'' and substituting
``section 50914(a)(1)''.
(S) Section 50916 of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``section
70106(b)'' and substituting ``section 50907(b)''.
(T) Section 50919(b)(2) of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking ``the Land
Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)''
and substituting ``chapter 601 of this title''.
(U) Section 50922(c)(2)(B) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70102'' and substituting ``section 50902''.
(6) Cross references in chapter 511 of title 51, united states
code.--
(A) Section 51101(1) of title 51, United States Code, as
renumbered by paragraph (4), is amended by striking ``section
502 of the National Aeronautics and Space Administration
Authorization Act, Fiscal Year 1993 (15 U.S.C. 5802)'' and
substituting ``section 50501 of this title''.
(B) Section 51104(d)(1) of title 51, United States Code, as
renumbered by paragraph (4), is amended by striking ``section
303 of this title'' and substituting ``section 303 of title
49''.
(7) Analysis for title 51, united states code.--The analysis for
title 51, United States Code, as enacted by section 3 of this Act,
is amended by adding, after the item for chapter 507, the following
items:

Commercial Space Launch Activities................................50901
Space Transportation Infrastructure Matching Grants.............51101''.
(8) Deemed references to title 49, united states code.--In title
49, United States Code, references to ``this title'' are deemed to
refer also to chapters 509 and 511 of title 51, United States Code.
(e) National Aeronautics and Space Administration Authorization Act
of 2005.--Section 304 of the National Aeronautics and Space
Administration Authorization Act of 2005 (42 U.S.C. 16654) is amended
as follows:
(1) Subsection (a)(1) is redesignated as subsection (a) and
amended to read as follows:
``(a) Assessment of Certain Missions.--Not later than 60 days after
the date of enactment of this Act, the Administrator shall carry out an
assessment under section 30504 of title 51, United States Code, for at
least the following missions: FAST, TIMED, Cluster, Wind, Geotail,
Polar, TRACE, Ulysses, and Voyager.''.
(2) Subsection (b) is amended by striking ``subsection (a)(1)''
and substituting ``subsection (a)''.

SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS.

(a) Definitions.--In this section:
(1) Source provision.--The term ``source provision'' means a
provision of law that is replaced by a title 51 provision.
(2) Title 51 provision.--The term ``title 51 provision'' means a
provision of title 51, United States Code, that is enacted by
section 3.
(b) Cutoff Date.--The title 51 provisions replace certain provisions
of law enacted on or before July 1, 2009. If a law enacted after that
date amends or repeals a source provision, that law is deemed to amend
or repeal, as the case may be, the corresponding title 51 provision. If
a law enacted after that date is otherwise inconsistent with a title 51
provision or a provision of this Act, that law supersedes the title 51
provision or provision of this Act to the extent of the inconsistency.
(c) Original Date of Enactment Unchanged.--For purposes of
determining whether one provision of law supersedes another based on
enactment later in time, a title 51 provision is deemed to have been
enacted on the date of enactment of the corresponding source provision.
(d) References to Title 51 Provisions.--A reference to a title 51
provision is deemed to refer to the corresponding source provision.
(e) References to Source Provisions.--A reference to a source
provision, including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding title 51 provision.
(f) Regulations, Orders, and Other Administrative Actions.--A
regulation, order, or other administrative action in effect under a
source provision continues in effect under the corresponding title 51
provision.
(g) Actions Taken and Offenses Committed.--An action taken or an
offense committed under a source provision is deemed to have been taken
or committed under the corresponding title 51 provision.

SEC. 6. REPEALS.

The following provisions of law are repealed, except with respect to
rights and duties that matured, penalties that were incurred, or
proceedings that were begun before the date of enactment of this Act:

Schedule of Laws Repealed<greek-l>
Statutes at Large deg.
----------------------------------------------------------------------------------------------------------------
Act                                    Section                   United States Code
----------------------------------------------------------------------------------------------------------------

National Aeronautics and Space Act of 1958 (Public                           102                 42 U.S.C. 2451
103                 42 U.S.C. 2452
201         42 U.S.C. 2471 (prior)
202                 42 U.S.C. 2472
203                 42 U.S.C. 2473
204                 42 U.S.C. 2474
205                 42 U.S.C. 2475
206                 42 U.S.C. 2476
207                42 U.S.C. 2476a
208                42 U.S.C. 2476b
302                 42 U.S.C. 2453
303                 42 U.S.C. 2454
304(a)              42 U.S.C. 2455(a)
304(e)                 42 U.S.C. 2456
304(f)                42 U.S.C. 2456a
305                 42 U.S.C. 2457
306                 42 U.S.C. 2458
307                42 U.S.C. 2458a
308                42 U.S.C. 2458b
309                42 U.S.C. 2458c
310                 42 U.S.C. 2459
311                42 U.S.C. 2459b
312                42 U.S.C. 2459c
313                42 U.S.C. 2459f
314   42 U.S.C. 2459f-1<greek-l>314
added by PL 109-155, 104 deg.
315                42 U.S.C. 2459j
316    42 U.S.C. 2459k<greek-l>316
added by PL 109-155, 701 deg.
317    42 U.S.C. 2459l<greek-l>317
added by PL 109-155, 705 deg.
401                 42 U.S.C. 2481
402                 42 U.S.C. 2482
403                 42 U.S.C. 2483
404                 42 U.S.C. 2484

Act of June 15, 1959 (Public Law 86-45)...........                             4                 42 U.S.C. 2460

National Aeronautics and Space Administration                                  6                 42 U.S.C. 2477
Authorization Act, 1968 (Public Law 90-67).......

Joint Resolution of September 29, 1969 (Public Law                          1, 2   42 U.S.C. 2461<greek-l>Public
91-76)...........................................                                                             Law 91-76. The ``whereas''
clauses (83 Stat. 124) appear
before the enacting clause.
Since the ``whereas'' clauses
were not technically enacted,
they don't get repealed.
Sections 1 and 2 of the Joint
Resolution were enacted and
picked up for classification
to 42 U.S.C. 2461. Sections 1
and 2 of the Joint Resolution
are being repealed and
restated as section 30901 of
title 51. deg.

National Aeronautics and Space Administration                                  6                 42 U.S.C. 2463
Authorization Act, 1978 (Public Law 95-76).......

National Aeronautics and Space Administration                             106(a)                 42 U.S.C. 2464
Authorization Act, 1983 (Public Law 97-324)......

National Aeronautics and Space Administration                                201                 42 U.S.C. 2466
Authorization Act of 1986 (Public Law 99-170)....
202                42 U.S.C. 2466a
203                42 U.S.C. 2466b
204                42 U.S.C. 2466c

National Space Grant College and Fellowship Act                              203                42 U.S.C. 2486a
(Title II of Public Law 100-147).................
204                42 U.S.C. 2486b
205                42 U.S.C. 2486c
206                42 U.S.C. 2486d
207                42 U.S.C. 2486e
208                42 U.S.C. 2486f
209                42 U.S.C. 2486g
210                42 U.S.C. 2486h
211                42 U.S.C. 2486i
213                42 U.S.C. 2486k
214                42 U.S.C. 2486l

Department of Housing and Urban Development--                (par. under heading                 42 U.S.C. 2467
Independent Agencies Appropriations Act, 1989             ``Science, Space, and
(Public Law 100-404).............................    Technology Education Trust
Fund'', at 102 Stat. 1028)

Departments of Veterans Affairs and Housing and     (pars. under heading ``Small                42 U.S.C. 2473b
Urban Development, and Independent Agencies        and Disadvantaged Business'',
Appropriations Act, 1990 (Public Law 101-144)....             at 103 Stat. 863)

National Aeronautics and Space Administration                                112                42 U.S.C. 2465a
Authorization Act, Fiscal Year 1991 (Public Law
101-611).........................................
115(b)                 15 U.S.C. 1535
123    (not previously classified)
203                42 U.S.C. 2465c
206                42 U.S.C. 2465f

Departments of Veterans Affairs and Housing and          (1st par. under heading                42 U.S.C. 2459d
Urban Development, and Independent Agencies                    ``Administrative
Appropriations Act, 1992 (Public Law 102-139)....    Provisions'', at 105 Stat.
771)

National Aeronautics and Space Administration                                 19                42 U.S.C. 2459e
Authorization Act, Fiscal Year 1992 (Public Law
102-195).........................................
20                42 U.S.C. 2467a
21(a)             42 U.S.C. 2473c(a)
21(c)             42 U.S.C. 2473c(c)
21(d)             42 U.S.C. 2473c(d)
21(e)             42 U.S.C. 2473c(e)
21(f)             42 U.S.C. 2473c(f)
21(g)             42 U.S.C. 2473c(g)
21(h)             42 U.S.C. 2473c(h)

Land Remote Sensing Policy Act of 1992 (Public Law                             3                 15 U.S.C. 5602
102-555).........................................
101                 15 U.S.C. 5611
102                 15 U.S.C. 5612
103                 15 U.S.C. 5613
104                 15 U.S.C. 5614
105                 15 U.S.C. 5615
201                 15 U.S.C. 5621
202                 15 U.S.C. 5622
203                 15 U.S.C. 5623
204                 15 U.S.C. 5624
205                 15 U.S.C. 5625
301                 15 U.S.C. 5631
302                 15 U.S.C. 5632
303                 15 U.S.C. 5633
401                 15 U.S.C. 5641
501                 15 U.S.C. 5651
502                 15 U.S.C. 5652
503                 15 U.S.C. 5653
504                 15 U.S.C. 5654
505                 15 U.S.C. 5655
506                 15 U.S.C. 5656
507                 15 U.S.C. 5657
508                 15 U.S.C. 5658
601                 15 U.S.C. 5671
602                 15 U.S.C. 5672

National Aeronautics and Space Administration                                304                42 U.S.C. 2467b
Authorization Act, Fiscal Year 1993 (Public Law
102-588).........................................
502                 15 U.S.C. 5802
504                 15 U.S.C. 5803
506                 15 U.S.C. 5805
507                 15 U.S.C. 5806
508                 15 U.S.C. 5807
510                 15 U.S.C. 5808
602                42 U.S.C. 2487a
603                42 U.S.C. 2487b
604                42 U.S.C. 2487c
606                42 U.S.C. 2487e
607                42 U.S.C. 2487f
608                42 U.S.C. 2487g

Commercial Space Act of 1998 (Public Law 105-303).                             2                42 U.S.C. 14701
101                42 U.S.C. 14711
104(b)             42 U.S.C. 14712(b)
105                42 U.S.C. 14713
106                42 U.S.C. 14714
107     42 U.S.C. 14715, 15 U.S.C.
5621, 5622
201                42 U.S.C. 14731
202                42 U.S.C. 14732
204                42 U.S.C. 14733
205                42 U.S.C. 14734
206                42 U.S.C. 14735

Technology Administration Act of 1998 (Public Law                              8                15 U.S.C. 1511e
105-309).........................................

National Aeronautics and Space Administration                                126                42 U.S.C. 2475a
Authorization Act of 2000 (Public Law 106-391)...
301                42 U.S.C. 2459g
304                42 U.S.C. 2459h
305                42 U.S.C. 2475b
325                42 U.S.C. 2473d

Commercial Reusable In-Space Transportation Act of                           903                42 U.S.C. 14752
2002 (Title IX of Public Law 107-248)............
904                42 U.S.C. 14753

Departments of Veterans Affairs and Housing and         (last par. under heading                42 U.S.C. 2459i
Urban Development, and Independent Agencies                    ``Administrative
Appropriations Act, 2003 (Division K of Public       Provisions'', at 117 Stat.
Law 108-7).......................................                          520)

National Aeronautics and Space Administration                             101(a)             42 U.S.C. 16611(a)
Authorization Act of 2005 (Public Law 109-155)...
101(b)             42 U.S.C. 16611(b)
101(h)(1)          42 U.S.C. 16611(h)(1)
101(i)             42 U.S.C. 16611(i)
103                42 U.S.C. 16613
105                42 U.S.C. 16614
107                42 U.S.C. 16615
110                42 U.S.C. 16618
202                42 U.S.C. 16631
203                42 U.S.C. 16632
204                42 U.S.C. 16633
205                42 U.S.C. 16634
301                42 U.S.C. 16651
304(a) (matter before par.     42 U.S.C. 16654(a) (matter
(1))               before par. (1))
304(a)(2)          42 U.S.C. 16654(a)(2)
305(2)             42 U.S.C. 16655(2)
305(3)             42 U.S.C. 16655(3)
306                42 U.S.C. 16656
311                42 U.S.C. 16671
312                42 U.S.C. 16672
313                42 U.S.C. 16673
314                42 U.S.C. 16674
315                42 U.S.C. 16675
316                42 U.S.C. 16676
401                42 U.S.C. 16701
411                42 U.S.C. 16711
421                42 U.S.C. 16721
422                42 U.S.C. 16722
423                42 U.S.C. 16723
424                42 U.S.C. 16724
425                42 U.S.C. 16725
426                42 U.S.C. 16726
427                42 U.S.C. 16727
431                42 U.S.C. 16741
441                42 U.S.C. 16751
501(a)             42 U.S.C. 16761(a)
501(b)             42 U.S.C. 16761(b)
503                42 U.S.C. 16763
504                42 U.S.C. 16764
505                42 U.S.C. 16765
506(1)             42 U.S.C. 16766(1)
506(2)             42 U.S.C. 16766(2)
507(a)             42 U.S.C. 16767(a)
507(b)             42 U.S.C. 16767(b)
507(d)             42 U.S.C. 16767(d)
601                42 U.S.C. 16781
612                42 U.S.C. 16791
613                42 U.S.C. 16792
615                42 U.S.C. 16794
616                42 U.S.C. 16795
618                42 U.S.C. 16797
619(b)             42 U.S.C. 16798(b)
621                42 U.S.C. 16811
707                42 U.S.C. 16821
708                42 U.S.C. 16822
709                42 U.S.C. 16823
821                42 U.S.C. 16841
822                42 U.S.C. 16842
823                42 U.S.C. 16843
824                42 U.S.C. 16844
825                42 U.S.C. 16845
826                42 U.S.C. 16846
827                42 U.S.C. 16847
828                42 U.S.C. 16848
829                42 U.S.C. 16849
830                42 U.S.C. 16850

America COMPETES Act (Public Law 110-69)..........                       2001(a)            42 U.S.C. 16611a(a)
2001(b)            42 U.S.C. 16611a(b)
2001(c)            42 U.S.C. 16611a(c)
2001(e)            42 U.S.C. 16611a(e)
2002(b)             42 U.S.C. 16712(b)
2003                42 U.S.C. 16658

Science Appropriations Act, 2008 (Public Law 110-        (7th par. under heading               42 U.S.C. 16611b
161, div. B, title III)..........................              ``Administrative
Provisions'', at 121 Stat.
1919)

National Aeronautics and Space Administration                                201                42 U.S.C. 17711
Authorization Act of 2008 (Public Law 110-422)...
204(b)             42 U.S.C. 17712(b)
204(c)             42 U.S.C. 17712(c)
204(d)             42 U.S.C. 17712(d)
206(a)             42 U.S.C. 17713(a)
208                42 U.S.C. 17714
302                42 U.S.C. 17721
303                42 U.S.C. 17722
304(b)             42 U.S.C. 17723(b)
304(c)             42 U.S.C. 17723(c)
307                42 U.S.C. 17724
403                42 U.S.C. 17731
404(a)             42 U.S.C. 17732(a)
404(b)             42 U.S.C. 17732(b)
405(b)             42 U.S.C. 17733(b)
407                42 U.S.C. 17734
501                42 U.S.C. 17741
502                42 U.S.C. 17742
601(a)             42 U.S.C. 17751(a)
602                42 U.S.C. 17752
704(b)             42 U.S.C. 17781(b)
704(c)             42 U.S.C. 17781(c)
801(a)             42 U.S.C. 17791(a)
803                42 U.S.C. 17793
804                42 U.S.C. 17794
805                42 U.S.C. 17795
902                42 U.S.C. 17801
1002(a)             42 U.S.C. 17811(a)
1003(a)             42 U.S.C. 17812(a)
1102(b)             42 U.S.C. 17821(b)
1103                42 U.S.C. 17822
1104                42 U.S.C. 17823
1107                42 U.S.C. 17824
1109(c)             42 U.S.C. 17825(c)
1112                42 U.S.C. 17827
1116                42 U.S.C. 17828
1117                42 U.S.C. 17829

Science Appropriations Act, 2009 (Public Law 111-      (3d proviso in par. under          42 U.S.C. 16611b note
8, div. B, title III.............................        heading ``Cross Agency
Support'', at 123 Stat. 589)

----------------------------------------------------------------------------------------------------------------

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.