I 

109TH CONGRESS 

1ST SESSION H. R. 3039 

To enact title 51, United States Code, ‘‘National and Commercial Space 

Programs’’, as positive law. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2005 

Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To enact title 51, United States Code, ‘‘National and 

Commercial Space Programs’’, as positive law. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 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. 

5 SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 

6 (a) PURPOSE.—The purpose of this Act is to codify 

7 certain existing laws related to national and commercial 
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1 space programs as a positive law title of the United States 

2 Code. 

3 (b) CONFORMITY WITH ORIGINAL INTENT.—In the 

4 codification of laws by this Act, the intent is to conform 

5 to the understood policy, intent, and purpose of Congress 

6 in the original enactments, with such amendments and 

7 corrections as will remove ambiguities, contradictions, and 

8 other imperfections, in accordance with section 205(c)(1) 

9 of House Resolution No. 988, 93d Congress, as enacted 

10 into law by Public Law 93–554 (2 U.S.C. 285b(1)). 

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

12 Title 51, United States Code, ‘‘National and Com13 mercial Space Programs’’, is enacted as follows: 

14 TITLE 51—NATIONAL AND COM15 MERCIAL SPACE PROGRAMS 

Chapter Sec. 

1. Definitions ............................................................................. 101 

3. National Aeronautics and Space Program ............... 301 

5. Adjunct National Space Program Provisions .......... 501 

7. National Space Grant College and Fellowship 

Program.

701 

9. Biomedical Research in Space ...................................... 901 

11. Land Remote Sensing Policy ......................................... 1101 

13. Space Commerce ................................................................. 1301 

15. Commercial Reusable In-Space Transportation ..... 1501 

17. Commercial Space Competitiveness ........................... 1701 

16 CHAPTER 1—DEFINITIONS 

Sec. 

101. Definitions. 

17 § 101. Definitions 

18 In this title: 
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1 (1) ADMINISTRATION.—The term ‘‘Administra2 tion’’ means the National Aeronautics and Space 

3 Administration. 

4 (2) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the National 

6 Aeronautics and Space Administration. 

7 CHAPTER 3—NATIONAL AERONAUTICS 

8 AND SPACE PROGRAM 

SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND 

DEFINITIONS 

Sec. 

301. Short title. 

302. Congressional declaration of policy and purpose. 

303. Definitions. 

SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE 

ACTIVITIES 

311. National Aeronautics and Space Administration. 

312. Functions of the Administration. 

313. Powers of the Administration in performance of functions. 

314. International cooperation. 

315. Reports to Congress. 

316. Disposal of excess land. 

SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

331. Public access to information. 

332. Security requirements. 

333. Permission to carry firearms. 

334. Arrest authority. 

335. Property rights in inventions. 

336. Contributions awards. 

337. Malpractice and negligence suits against United States. 

338. Insurance and indemnification. 

339. Insurance for experimental aerospace vehicles. 

340. Appropriations. 

341. Misuse of agency name and initials. 

342. Contracts regarding expendable launch vehicles. 

343. Full cost appropriations account structure. 

344. Enhanced-use lease of real property demonstration. 

SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 

361. Congressional declaration of purpose and policy. 

362. Definition of upper atmosphere. 
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363. Program authorized. 

364. International cooperation. 

1 SUBCHAPTER I—SHORT TITLE, DECLARATION 

2 OF POLICY, AND DEFINITIONS 

3 § 301. Short title 

4 This chapter may be cited as the ‘‘National Aero5 nautics and Space Act’’. 

6 § 302. Congressional declaration of policy and pur7 pose 

8 (a) DEVOTION OF SPACE ACTIVITIES TO PEACEFUL

9 PURPOSES FOR BENEFIT OF ALL HUMANKIND.—Con10 gress declares that it is the policy of the United States 

11 that activities in space should be devoted to peaceful pur12 poses for the benefit of all humankind. 

13 (b) AERONAUTICAL AND SPACE ACTIVITIES FOR

14 WELFARE AND SECURITY OF UNITED STATES.—Congress 

15 declares that the general welfare and security of the 

16 United States require that adequate provision be made for 

17 aeronautical and space activities. Congress further de18 clares that such activities shall be the responsibility of, 

19 and shall be directed by, a civilian agency exercising con20 trol over aeronautical and space activities sponsored by the 

21 United States, except that activities peculiar to or pri22 marily associated with the development of weapons sys23 tems, military operations, or the defense of the United 

24 States (including the research and development necessary 
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1 to make effective provision for the defense of the United 

2 States) shall be the responsibility of, and shall be directed 

3 by, the Department of Defense; and that determination 

4 as to which agency has responsibility for and direction of 

5 any such activity shall be made by the President. 

6 (c) COMMERCIAL USE OF SPACE.—Congress declares 

7 that the general welfare of the United States requires that 

8 the Administration seek and encourage, to the maximum 

9 extent possible, the fullest commercial use of space. 

10 (d) OBJECTIVES OF AERONAUTICAL AND SPACE AC11 TIVITIES.—The aeronautical and space activities of the 

12 United States shall be conducted so as to contribute mate13 rially to one or more of the following objectives: 

14 (1) The expansion of human knowledge of the 

15 Earth and of phenomena in the atmosphere and 

16 space. 

17 (2) The improvement of the usefulness, per18 formance, speed, safety, and efficiency of aero19 nautical and space vehicles. 

20 (3) The development and operation of vehicles 

21 capable of carrying instruments, equipment, sup22 plies, and living organisms through space. 

23 (4) The establishment of long-range studies of 

24 the potential benefits to be gained from, the oppor25 tunities for, and the problems involved in the utiliza-
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1 tion of aeronautical and space activities for peaceful 

2 and scientific purposes. 

3 (5) The preservation of the role of the United 

4 States as a leader in aeronautical and space science 

5 and technology and in the application thereof to the 

6 conduct of peaceful activities within and outside the 

7 atmosphere. 

8 (6) The making available to agencies directly 

9 concerned with national defense of discoveries that 

10 have military value or significance, and the fur11 nishing by such agencies, to the civilian agency es12 tablished to direct and control nonmilitary aero13 nautical and space activities, of information as to 

14 discoveries which have value or significance to that 

15 agency. 

16 (7) Cooperation by the United States with other 

17 nations and groups of nations in work done pursu18 ant to this chapter and in the peaceful application 

19 of the results thereof. 

20 (8) The most effective utilization of the sci21 entific and engineering resources of the United 

22 States, with close cooperation among all interested 

23 agencies of the United States in order to avoid un24 necessary duplication of effort, facilities, and equip25 ment. 
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1 (9) The preservation of the United States pre2 eminent position in aeronautics and space through 

3 research and technology development related to asso4 ciated manufacturing processes. 

5 (e) GROUND PROPULSION SYSTEMS RESEARCH AND

6 DEVELOPMENT.—Congress declares that the general wel7 fare of the United States requires that the unique com8 petence in scientific and engineering systems of the Ad9 ministration also be directed toward ground propulsion 

10 systems research and development. Such development 

11 shall be conducted so as to contribute to the objectives 

12 of developing energy and petroleum-conserving ground 

13 propulsion systems, and of minimizing the environmental 

14 degradation caused by such systems. 

15 (f) BIOENGINEERING RESEARCH, DEVELOPMENT, 

16 AND DEMONSTRATION PROGRAMS.—Congress declares 

17 that the general welfare of the United States requires that 

18 the unique competence of the Administration in science 

19 and engineering systems be directed to assisting in bio20 engineering research, development, and demonstration 

21 programs designed to alleviate and minimize the effects 

22 of disability. 

23 (g) PURPOSE OF CHAPTER.—It is the purpose of this 

24 chapter to carry out and effectuate the policies declared 

25 in subsections (a) to (f). 
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1 § 303. Definitions 

2 In this chapter: 

3 (1) AERONAUTICAL AND SPACE ACTIVITIES.— 

4 The term ‘‘aeronautical and space activities’’ 

5 means— 

6 (A) research into, and the solution of, 

7 problems of flight within and outside the 

8 Earth’s atmosphere; 

9 (B) the development, construction, testing, 

10 and operation for research purposes of aero11 nautical and space vehicles; 

12 (C) the operation of a space transportation 

13 system including the space shuttle, upper 

14 stages, space platforms, and related equipment; 

15 and 

16 (D) such other activities as may be re17 quired for the exploration of space. 

18 (2) AERONAUTICAL AND SPACE VEHICLES.— 

19 The term ‘‘aeronautical and space vehicles’’ means 

20 aircraft, missiles, satellites, and other space vehicles, 

21 manned and unmanned, together with related equip22 ment, devices, components, and parts. 
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1 SUBCHAPTER II—COORDINATION OF 

2 AERONAUTICAL AND SPACE ACTIVITIES 

3 § 311. National Aeronautics and Space Administra4 tion 

5 (a) ESTABLISHMENT AND APPOINTMENT OF ADMIN6 ISTRATOR.—There is established the National Aeronautics 

7 and Space Administration. The Administration shall be 

8 headed by an Administrator, who shall be appointed from 

9 civilian life by the President by and with the advice and 

10 consent of the Senate. Under the supervision and direction 

11 of the President, the Administrator shall be responsible 

12 for the exercise of all powers and the discharge of all du13 ties of the Administration and shall have authority and 

14 control over all personnel and activities thereof. 

15 (b) DEPUTY ADMINISTRATOR.—There shall be in the 

16 Administration a Deputy Administrator, who shall be ap17 pointed from civilian life by the President by and with the 

18 advice and consent of the Senate. The Deputy Adminis19 trator shall perform such duties and exercise such powers 

20 as the Administrator may prescribe. The Deputy Adminis21 trator shall act for, and exercise the powers of, the Admin22 istrator during the Administrator’s absence or disability. 

23 (c) RESTRICTION ON OTHER BUSINESS OR EMPLOY24 MENT.—The Administrator and the Deputy Administrator 
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1 shall not engage in any other business, vocation, or em2 ployment while serving as such. 

3 § 312. Functions of the Administration 

4 (a) PLANNING, DIRECTING, AND CONDUCTING AERO5 NAUTICAL AND SPACE ACTIVITIES.—The Administration, 

6 in order to carry out the purpose of this chapter, shall— 

7 (1) plan, direct, and conduct aeronautical and 

8 space activities; 

9 (2) arrange for participation by the scientific 

10 community in planning scientific measurements and 

11 observations to be made through use of aeronautical 

12 and space vehicles, and conduct or arrange for the 

13 conduct of such measurements and observations; 

14 (3) provide for the widest practicable and ap15 propriate dissemination of information concerning 

16 its activities and the results thereof; 

17 (4) seek and encourage, to the maximum extent 

18 possible, the fullest commercial use of space; and 

19 (5) encourage and provide for Federal Govern20 ment use of commercially provided space services 

21 and hardware, consistent with the requirements of 

22 the Federal Government. 

23 (b) RESEARCH AND DEVELOPMENT IN CERTAIN

24 TECHNOLOGIES.— 
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1 (1) GROUND PROPULSION TECHNOLOGIES.— 

2 The Administration shall, to the extent of appro3 priated funds, initiate, support, and carry out such 

4 research, development, demonstration, and other re5 lated activities in ground propulsion technologies as 

6 are provided for in sections 4 to 10 of the Electric 

7 and Hybrid Vehicle Research, Development, and 

8 Demonstration Act of 1976 (15 U.S.C. 2503 to 

9 2509). 

10 (2) SOLAR HEATING AND COOLING TECH11 NOLOGIES.—The Administration shall initiate, sup12 port, and carry out such research, development, 

13 demonstrations, and other related activities in solar 

14 heating and cooling technologies (to the extent that 

15 funds are appropriated therefor) as are provided for 

16 in sections 5, 6, and 9 of the Solar Heating and 

17 Cooling Demonstration Act of 1974 (42 U.S.C. 

18 5503, 5504, 5507). 

19 § 313. Powers of the Administration in performance 

20 of functions 

21 (a) RULES AND REGULATIONS.—In the performance 

22 of its functions, the Administration is authorized to make, 

23 promulgate, issue, rescind, and amend rules and regula24 tions governing the manner of its operations and the exer25 cise of the powers vested in it by law. 
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1 (b) OFFICERS AND EMPLOYEES.—In the perform2 ance of its functions, the Administration is authorized to 

3 appoint and fix the compensation of officers and employ4 ees as may be necessary to carry out such functions. The 

5 officers and employees shall be appointed in accordance 

6 with the civil service laws and their compensation fixed 

7 in accordance with chapter 51 and subchapter III of chap8 ter 53 of title 5, except that— 

9 (1) to the extent the Administrator deems such 

10 action necessary to the discharge of the Administra11 tor’s responsibilities, the Administrator may appoint 

12 not more than 425 of the scientific, engineering, and 

13 administrative personnel of the Administration with14 out regard to such laws, and may fix the compensa15 tion of such personnel not in excess of the rate of 

16 basic pay payable for level III of the Executive 

17 Schedule; and 

18 (2) to the extent the Administrator deems such 

19 action necessary to recruit specially qualified sci20 entific and engineering talent, the Administrator 

21 may establish the entrance grade for scientific and 

22 engineering personnel without previous service in the 

23 Federal Government at a level up to 2 grades higher 

24 than the grade provided for such personnel under 
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1 the General Schedule, and fix their compensation ac2 cordingly. 

3 (c) PROPERTY.—In the performance of its functions, 

4 the Administration is authorized— 

5 (1) to acquire (by purchase, lease, condemna6 tion, or otherwise), construct, improve, repair, oper7 ate, and maintain laboratories, research and testing 

8 sites and facilities, aeronautical and space vehicles, 

9 quarters and related accommodations for employees 

10 and dependents of employees of the Administration, 

11 and such other real and personal property (including 

12 patents), or any interest therein, as the Administra13 tion deems necessary within and outside the conti14 nental United States; 

15 (2) to acquire by lease or otherwise, through 

16 the Administrator of General Services, buildings or 

17 parts of buildings in the District of Columbia for the 

18 use of the Administration for a period not to exceed 

19 10 years without regard to section 8141 of title 40; 

20 (3) to lease to others such real and personal 

21 property; 

22 (4) to sell and otherwise dispose of real and 

23 personal property (including patents and rights 

24 thereunder) in accordance with the provisions of 

25 chapters 1 to 11 of title 40 and in accordance with 
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1 title III of the Federal Property and Administrative 

2 Services Act of 1949 (41 U.S.C. 251 et seq.); and 

3 (5) to provide by contract or otherwise for cafe4 terias and other necessary facilities for the welfare 

5 of employees of the Administration at its installa6 tions and purchase and maintain equipment there7 for. 

8 (d) GIFTS.—In the performance of its functions, the 

9 Administration is authorized to accept unconditional gifts 

10 or donations of services, money, or property, real, per11 sonal, or mixed, tangible or intangible. 

12 (e) CONTRACTS, LEASES, AND AGREEMENTS.—In 

13 the performance of its functions, the Administration is au14 thorized, without regard to subsections (a) and (b) of sec15 tion 3324 of title 31, to enter into and perform such con16 tracts, leases, cooperative agreements, or other trans17 actions as may be necessary in the conduct of its work 

18 and on such terms as it may deem appropriate, with any 

19 agency or instrumentality of the United States, or with 

20 any State, Territory, or possession, or with any political 

21 subdivision thereof, or with any person, firm, association, 

22 corporation, or educational institution. To the maximum 

23 extent practicable and consistent with the accomplishment 

24 of the purpose of this chapter, such contracts, leases, 

25 agreements, and other transactions shall be allocated by 
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1 the Administrator in a manner which will enable small2 business concerns to participate equitably and proportion3 ately in the conduct of the work of the Administration. 

4 (f) COOPERATION WITH FEDERAL AGENCIES AND

5 OTHERS.—In the performance of its functions, the Ad6 ministration is authorized to use, with their consent, the 

7 services, equipment, personnel, and facilities of Federal 

8 and other agencies with or without reimbursement, and 

9 on a similar basis to cooperate with other public and pri10 vate agencies and instrumentalities in the use of services, 

11 equipment, and facilities. Each department and agency of 

12 the Federal Government shall cooperate fully with the Ad13 ministration in making its services, equipment, personnel, 

14 and facilities available to the Administration, and any 

15 such department or agency is authorized, notwithstanding 

16 any other provision of law, to transfer to or to receive from 

17 the Administration, without reimbursement, aeronautical 

18 and space vehicles, and supplies and equipment other than 

19 administrative supplies or equipment. 

20 (g) ADVISORY COMMITTEES.—In the performance of 

21 its functions, the Administration is authorized to appoint 

22 such advisory committees as may be appropriate for pur23 poses of consultation and advice to the Administration. 

24 (h) OFFICES AND PROCEDURES.—In the perform25 ance of its functions, the Administration is authorized to 
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1 establish within the Administration such offices and proce2 dures as may be appropriate to provide for the greatest 

3 possible coordination of its activities under this chapter 

4 with related scientific and other activities being carried on 

5 by other public and private agencies and organizations. 

6 (i) TEMPORARY OR INTERMITTENT SERVICES OF EX7 PERTS OR CONSULTANTS.—In the performance of its 

8 functions, the Administration is authorized to obtain serv9 ices as provided by section 3109 of title 5, but at rates 

10 for individuals not to exceed the per diem rate equivalent 

11 to the maximum rate payable under section 5376 of title 

12 5. 

13 (j) ALIENS.—In the performance of its functions, the 

14 Administration is authorized, when determined by the Ad15 ministrator to be necessary, and subject to such security 

16 investigations as the Administrator may determine to be 

17 appropriate, to employ aliens without regard to statutory 

18 provisions prohibiting payment of compensation to aliens. 

19 (k) CONCESSIONS FOR VISITORS’ FACILITIES.— 

20 (1) IN GENERAL.—In the performance of its 

21 functions, the Administration is authorized to pro22 vide by concession, without regard to section 1302 

23 of title 40, on such terms as the Administrator may 

24 deem to be appropriate and necessary to protect the 

25 concessioner against loss of the concessioner’s in-
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1 vestment in property (but not anticipated profits) re2 sulting from the Administration’s discretionary acts 

3 and decisions, for the construction, maintenance, 

4 and operation of all manner of facilities and equip5 ment for visitors to the several installations of the 

6 Administration and, in connection therewith, to pro7 vide services incident to the dissemination of infor8 mation concerning its activities to such visitors, 

9 without charge or with a reasonable charge therefor 

10 (with this authority being in addition to any other 

11 authority that the Administration may have to pro12 vide facilities, equipment, and services for visitors to 

13 its installations). 

14 (2) PUBLIC NOTICE AND DUE CONSIDERATION

15 OF PROPOSALS.—A concession agreement under this 

16 subsection may be negotiated with any qualified pro17 poser following due consideration of all proposals re18 ceived after reasonable public notice of the intention 

19 to contract. 

20 (3) REASONABLE OPPORTUNITY FOR PROFIT.— 

21 The concessioner shall be afforded a reasonable op22 portunity to make a profit commensurate with the 

23 capital invested and the obligations assumed. The 

24 consideration paid by the concessioner for the con25 cession shall be based on the probable value of the 
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1 opportunity and not on maximizing revenue to the 

2 United States. 

3 (4) RECORDS AND ACCESS TO RECORDS.—Each 

4 concession agreement shall specify the manner in 

5 which the concessioner’s records are to be main6 tained, and shall provide for access to the records by 

7 the Administration and the Comptroller General of 

8 the United States for a period of 5 years after the 

9 close of the business year to which the records re10 late. 

11 (5) POSSESSORY INTERESTS.—A concessioner 

12 may be accorded a possessory interest, consisting of 

13 all incidents of ownership except legal title (which 

14 shall vest in the United States), in any structure, 

15 fixture, or improvement the concessioner constructs 

16 or locates upon land owned by the United States. 

17 With the approval of the Administration, such 

18 possessory interest may be assigned, transferred, en19 cumbered, or relinquished by the concessioner, and, 

20 unless otherwise provided by contract, shall not be 

21 extinguished by the expiration or other termination 

22 of the concession and may not be taken for public 

23 use without just compensation. 

24 (l) DETAILING MEMBERS OF ARMED SERVICES.—In 

25 the performance of its functions, the Administration is au-
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1 thorized, with the approval of the President, to enter into 

2 cooperative agreements under which members of the 

3 Army, Navy, Air Force, and Marine Corps may be detailed 

4 by the appropriate Secretary for services in the perform5 ance of functions under this chapter to the same extent 

6 as that to which they might be lawfully assigned in the 

7 Department of Defense. 

8 (m) CLAIMS AGAINST THE UNITED STATES.—In the 

9 performance of its functions, the Administration is author10 ized— 

11 (1) to consider, ascertain, adjust, determine, 

12 settle, and pay, on behalf of the United States, in 

13 full satisfaction thereof, any claim for $25,000 or 

14 less against the United States for bodily injury, 

15 death, or damage to or loss of real or personal prop16 erty resulting from the conduct of the Administra17 tion’s functions as specified in section 312(a) of this 

18 title, where such claim is presented to the Adminis19 tration in writing within 2 years after the accident 

20 or incident out of which the claim arises; and 

21 (2) if the Administration considers that a claim 

22 in excess of $25,000 is meritorious and would other23 wise be covered by this subsection, to report the 

24 facts and circumstances to Congress for its consider25 ation. 
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1 § 314. International cooperation 

2 The Administration, under the foreign policy guid3 ance of the President, may engage in a program of inter4 national cooperation in work done pursuant to this chap5 ter, and in the peaceful application of the results thereof, 

6 pursuant to agreements made by the President with the 

7 advice and consent of the Senate. 

8 § 315. Reports to Congress 

9 (a) PRESIDENTIAL REPORT.—The President shall 

10 transmit to Congress in May of each year a report, which 

11 shall include— 

12 (1) a comprehensive description of the pro13 grammed activities and the accomplishments of all 

14 agencies of the United States in the field of aero15 nautics and space activities during the preceding fis16 cal year; and 

17 (2) an evaluation of such activities and accom18 plishments in terms of the attainment of, or the fail19 ure to attain, the objectives described in section 

20 302(d) of this title. 

21 (b) RECOMMENDATIONS FOR ADDITIONAL LEGISLA22 TION.—Any report made under this section shall contain 

23 such recommendations for additional legislation as the Ad24 ministrator or the President may consider necessary or de25 sirable for the attainment of the objectives described in 

26 section 302(d) of this title. 
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1 (c) CLASSIFIED INFORMATION.—No information that 

2 has been classified for reasons of national security shall 

3 be included in any report made under this section, unless 

4 the information has been declassified by, or pursuant to 

5 authorization given by, the President. 

6 § 316. Disposal of excess land 

7 Notwithstanding the provisions of this or any other 

8 law, the Administration may not report to a disposal agen9 cy as excess to the needs of the Administration any land 

10 having an estimated value in excess of $50,000 that is 

11 owned by the United States and under the jurisdiction and 

12 control of the Administration, unless— 

13 (1) a period of 30 days has passed after the re14 ceipt by the Speaker and the Committee on Science 

15 of the House of Representatives and the President 

16 and the Committee on Commerce, Science, and 

17 Transportation of the Senate of a report by the Ad18 ministrator or the Administrator’s designee con19 taining a full and complete statement of the action 

20 proposed to be taken and the facts and cir21 cumstances relied upon in support of such action; or 

22 (2) each such committee before the expiration 

23 of that period has transmitted to the Administrator 

24 written notice to the effect that the committee has 

25 no objection to the proposed action. 
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1 SUBCHAPTER III—GENERAL ADMINISTRATIVE 

2 PROVISIONS 

3 § 331. Public access to information 

4 (a) PUBLIC INSPECTION.—Information obtained or 

5 developed by the Administrator in the performance of the 

6 Administrator’s functions under this chapter shall be 

7 made available for public inspection, except information— 

8 (1) authorized or required by Federal statute to 

9 be withheld; 

10 (2) classified to protect the national security; or 

11 (3) described in subsection (b). 

12 (b) SPECIAL HANDLING OF SECRET OR CONFIDEN13 TIAL INFORMATION.— 

14 (1) IN GENERAL.—The Administrator, for a pe15 riod of up to 5 years after the development of infor16 mation described in paragraph (2), may provide ap17 propriate protections against the dissemination of 

18 such information, including exemption from sub19 chapter II of chapter 5 of title 5. 

20 (2) INFORMATION DESCRIBED.—Information 

21 referred to in paragraph (1) is information that re22 sults from activities conducted under an agreement 

23 entered into under subsections (e) and (f) of section 

24 313 of this title, and that would be a trade secret 

25 or commercial or financial information that is privi-
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1 leged or confidential under the meaning of section 

2 552(b)(4) of title 5 if the information had been ob3 tained from a non-Federal party participating in 

4 such an agreement. 

5 (c) COMMITTEES OF CONGRESS.—Nothing in this 

6 chapter authorizes the withholding of information by the 

7 Administrator from the duly authorized committees of 

8 Congress. 

9 § 332. Security requirements 

10 The Administrator shall establish such security re11 quirements, restrictions, and safeguards as the Adminis12 trator deems necessary in the interest of the national secu13 rity. The Administrator may arrange with the Director of 

14 the Office of Personnel Management for the conduct of 

15 such security or other personnel investigations of the Ad16 ministration’s officers, employees, and consultants, and its 

17 contractors and subcontractors and their officers and em18 ployees, actual or prospective, as the Administrator deems 

19 appropriate. If any such investigation develops any data 

20 reflecting that the individual who is the subject of the in21 vestigation is of questionable loyalty, the matter shall be 

22 referred to the Federal Bureau of Investigation for the 

23 conduct of a full field investigation, the results of which 

24 shall be furnished to the Administrator. 
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1 § 333. Permission to carry firearms 

2 As the Administrator deems necessary in the public 

3 interest, the Administrator may— 

4 (1) direct officers and employees of the Admin5 istration to carry firearms while in the conduct of 

6 their official duties; and 

7 (2) authorize employees of contractors and sub8 contractors of the Administration who are engaged 

9 in the protection of property owned by the United 

10 States, and located at facilities owned by or con11 tracted to the United States, to carry firearms while 

12 in the conduct of their official duties. 

13 § 334. Arrest authority 

14 Under regulations prescribed by the Administrator 

15 and approved by the Attorney General, employees of the 

16 Administration and of its contractors and subcontractors 

17 authorized to carry firearms under section 333 of this title 

18 may arrest without warrant for any offense against the 

19 United States committed in their presence, or for any fel20 ony cognizable under the laws of the United States if they 

21 have reasonable grounds to believe that the person to be 

22 arrested has committed or is committing such felony. Per23 sons granted authority to make arrests by this section may 

24 exercise that authority only while guarding and protecting 

25 property owned or leased by, or under the control of, the 

26 United States under the administration and control of the 
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1 Administration or one of its contractors or subcontractors, 

2 at facilities owned by or contracted to the Administration. 

3 § 335. Property rights in inventions 

4 (a) DEFINITIONS.—In this section: 

5 (1) CONTRACT.—The term ‘‘contract’’ means 

6 any actual or proposed contract, agreement, under7 standing, or other arrangement, and includes any 

8 assignment, substitution of parties, or subcontract 

9 executed or entered into thereunder. 

10 (2) MADE.—The term ‘‘made’’, when used in 

11 relation to any invention, means the conception or 

12 first actual reduction to practice of such invention. 

13 (3) PERSON.—The term ‘‘person’’ means any 

14 individual, partnership, corporation, association, in15 stitution, or other entity. 

16 (b) EXCLUSIVE PROPERTY OF UNITED STATES.— 

17 (1) IN GENERAL.—An invention shall be the ex18 clusive property of the United States if it is made 

19 in the performance of any work under any contract 

20 of the Administration, and the Administrator deter21 mines that— 

22 (A) the person who made the invention was 

23 employed or assigned to perform research, de24 velopment, or exploration work and the inven25 tion is related to the work the person was em-
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1 ployed or assigned to perform, or was within 

2 the scope of the person’s employment duties, 

3 whether or not it was made during working 

4 hours, or with a contribution by the Govern5 ment of the use of Government facilities, equip6 ment, materials, allocated funds, information 

7 proprietary to the Government, or services of 

8 Government employees during working hours; 

9 or 

10 (B) the person who made the invention 

11 was not employed or assigned to perform re12 search, development, or exploration work, but 

13 the invention is nevertheless related to the con14 tract, or to the work or duties the person was 

15 employed or assigned to perform, and was made 

16 during working hours, or with a contribution 

17 from the Government of the sort referred to in 

18 subparagraph (A). 

19 (2) PATENT TO UNITED STATES.—If an inven20 tion is the exclusive property of the United States 

21 under paragraph (1), and if such invention is pat22 entable, a patent therefor shall be issued to the 

23 United States upon application made by the Admin24 istrator, unless the Administrator waives all or any 

25 part of the rights of the United States to such in-
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1 vention in conformity with the provisions of sub2 section (g). 

3 (c) CONTRACT PROVISIONS FOR FURNISHING RE4 PORTS OF INVENTIONS, DISCOVERIES, IMPROVEMENTS, 

5 OR INNOVATIONS.—Each contract entered into by the Ad6 ministrator with any party for the performance of any 

7 work shall contain effective provisions under which the 

8 party shall furnish promptly to the Administrator a writ9 ten report containing full and complete technical informa10 tion concerning any invention, discovery, improvement, or 

11 innovation which may be made in the performance of any 

12 such work. 

13 (d) PATENT APPLICATION.—No patent may be 

14 issued to any applicant other than the Administrator for 

15 any invention which appears to the Under Secretary of 

16 Commerce for Intellectual Property and Director of the 

17 United States Patent and Trademark Office (hereafter in 

18 this section referred to as the ‘‘Director’’) to have signifi19 cant utility in the conduct of aeronautical and space activi20 ties unless the applicant files with the Director, with the 

21 application or within 30 days after request therefor by the 

22 Director, a written statement executed under oath setting 

23 forth the full facts concerning the circumstances under 

24 which the invention was made and stating the relationship 

25 (if any) of the invention to the performance of any work 
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1 under any contract of the Administration. Copies of each 

2 such statement and the application to which it relates shall 

3 be transmitted forthwith by the Director to the Adminis4 trator. 

5 (e) ISSUANCE OF PATENT TO APPLICANT.—Upon 

6 any application as to which any such statement has been 

7 transmitted to the Administrator, the Director may, if the 

8 invention is patentable, issue a patent to the applicant un9 less the Administrator, within 90 days after receipt of the 

10 application and statement, requests that the patent be 

11 issued to the Administrator on behalf of the United States. 

12 If, within such time, the Administrator files such a request 

13 with the Director, the Director shall transmit notice there14 of to the applicant, and shall issue such patent to the Ad15 ministrator unless the applicant within 30 days after re16 ceipt of the notice requests a hearing before the Board 

17 of Patent Appeals and Interferences on the question 

18 whether the Administrator is entitled under this section 

19 to receive the patent. The Board may hear and determine, 

20 in accordance with rules and procedures established for 

21 interference cases, the question so presented, and its de22 termination shall be subject to appeal by the applicant or 

23 by the Administrator to the United States Court of Ap24 peals for the Federal Circuit in accordance with proce-
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1 dures governing appeals from decisions of the Board of 

2 Patent Appeals and Interferences in other proceedings. 

3 (f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF

4 FALSE REPRESENTATIONS.—Whenever a patent has been 

5 issued to an applicant in conformity with subsection (e), 

6 and the Administrator thereafter has reason to believe 

7 that the statement filed by the applicant in connection 

8 with the patent contained a false representation of a mate9 rial fact, the Administrator, within 5 years after the date 

10 of issuance of the patent, may file with the Director a re11 quest for the transfer to the Administrator of title to the 

12 patent on the records of the Director. Notice of any such 

13 request shall be transmitted by the Director to the owner 

14 of record of the patent, and title to the patent shall be 

15 so transferred to the Administrator unless, within 30 days 

16 after receipt of notice, the owner of record requests a hear17 ing before the Board of Patent Appeals and Interferences 

18 on the question whether any such false representation was 

19 contained in the statement filed in connection with the 

20 patent. The question shall be heard and determined, and 

21 the determination shall be subject to review, in the manner 

22 prescribed by subsection (e) for questions arising there23 under. A request made by the Administrator under this 

24 subsection for the transfer of title to a patent, and pros25 ecution for the violation of any criminal statute, shall not 
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1 be barred by the failure of the Administrator to make a 

2 request under subsection (e) for the issuance of the patent 

3 to the Administrator, or by any notice previously given by 

4 the Administrator stating that the Administrator had no 

5 objection to the issuance of the patent to the applicant. 

6 (g) WAIVER OF RIGHTS TO INVENTIONS.—Under 

7 such regulations in conformity with this subsection as the 

8 Administrator shall prescribe, the Administrator may 

9 waive all or any part of the rights of the United States 

10 under this section with respect to any invention or class 

11 of inventions made or which may be made by any person 

12 or class of persons in the performance of any work re13 quired by any contract of the Administration if the Admin14 istrator determines that the interests of the United States 

15 will be served thereby. Any such waiver may be made upon 

16 such terms and under such conditions as the Adminis17 trator shall determine to be required for the protection 

18 of the interests of the United States. Each such waiver 

19 made with respect to any invention shall be subject to the 

20 reservation by the Administrator of an irrevocable, non21 exclusive, nontransferable, royalty-free license for the 

22 practice of such invention throughout the world by or on 

23 behalf of the United States or any foreign government 

24 pursuant to any treaty or agreement with the United 

25 States. Each proposal for any waiver under this subsection 
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1 shall be referred to an Inventions and Contributions 

2 Board which shall be established by the Administrator 

3 within the Administration. Such Board shall accord to 

4 each interested party an opportunity for hearing, and shall 

5 transmit to the Administrator its findings of fact with re6 spect to such proposal and its recommendations for action 

7 to be taken with respect thereto. 

8 (h) PROTECTION OF TITLE.—The Administrator is 

9 authorized to take all suitable and necessary steps to pro10 tect any invention or discovery to which the Administrator 

11 has title, and to require contractors or persons who retain 

12 title to inventions or discoveries under this section to pro13 tect the inventions or discoveries to which the Administra14 tion has or may acquire a license of use. 

15 (i) ADMINISTRATION AS DEFENSE AGENCY.—The 

16 Administration shall be considered a defense agency of the 

17 United States for the purpose of chapter 17 of title 35. 

18 (j) OBJECTS INTENDED FOR LAUNCH, LAUNCHED, 

19 OR ASSEMBLED IN OUTER SPACE.—Any object intended 

20 for launch, launched, or assembled in outer space shall be 

21 considered a vehicle for the purpose of section 272 of title 

22 35. 

23 (k) USE OR MANUFACTURE OF PATENTED INVEN24 TIONS INCORPORATED IN SPACE VEHICLES LAUNCHED

25 FOR PERSONS OTHER THAN UNITED STATES.—The use 
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1 or manufacture of any patented invention incorporated in 

2 a space vehicle launched by the United States Government 

3 for a person other than the United States shall not be 

4 considered to be a use or manufacture by or for the United 

5 States within the meaning of section 1498(a) of title 28, 

6 unless the Administration gives an express authorization 

7 or consent for such use or manufacture. 

8 § 336. Contributions awards 

9 (a) APPLICATIONS.—Subject to the provisions of this 

10 section, the Administrator is authorized, on the Adminis11 trator’s own initiative or on application of any person, to 

12 make a monetary award, in an amount and on terms the 

13 Administrator determines to be warranted, to any person 

14 (as defined by section 335(a) of this title) for any scientific 

15 or technical contribution to the Administration which is 

16 determined by the Administrator to have significant value 

17 in the conduct of aeronautical and space activities. Each 

18 application made for such an award shall be referred to 

19 the Inventions and Contributions Board established under 

20 section 335 of this title. Such Board shall accord to each 

21 applicant an opportunity for hearing on the application, 

22 and shall transmit to the Administrator its recommenda23 tion as to the terms of the award, if any, to be made to 

24 the applicant for the contribution. In determining the 
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1 terms and conditions of an award the Administrator shall 

2 take into account— 

3 (1) the value of the contribution to the United 

4 States; 

5 (2) the aggregate amount of any sums which 

6 have been expended by the applicant for the develop7 ment of the contribution; 

8 (3) the amount of any compensation (other 

9 than salary received for services rendered as an offi10 cer or employee of the Government) previously re11 ceived by the applicant for or on account of the use 

12 of the contribution by the United States; and 

13 (4) any other factors the Administrator deter14 mines to be material. 

15 (b) APPORTIONMENT OF AWARDS.—If more than one 

16 applicant under subsection (a) claims an interest in the 

17 same contribution, the Administrator shall ascertain and 

18 determine the respective interests of the applicants, and 

19 shall apportion any award to be made among the appli20 cants in amounts the Administrator determines to be equi21 table. 

22 (c) SURRENDER OF OTHER CLAIMS.—No award may 

23 be made under subsection (a) unless the applicant surren24 ders, by means the Administrator determines to be effec25 tive, all claims that the applicant may have to receive any 
34 

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1 compensation (other than the award made under this sec2 tion) for the use of the contribution or any element thereof 

3 at any time by or on behalf of the United States, or by 

4 or on behalf of any foreign government pursuant to a trea5 ty or agreement with the United States, within the United 

6 States or at any other place. 

7 (d) REPORT AND WAITING PERIOD.—No award may 

8 be made under subsection (a) in an amount exceeding 

9 $100,000 unless the Administrator transmits to the ap10 propriate committees of Congress a full and complete re11 port concerning the amount and terms of, and the basis 

12 for, the proposed award, and a period of 30 calendar days 

13 of regular session of Congress expires after receipt of the 

14 report by the committees. 

15 § 337. Malpractice and negligence suits against 

16 United States 

17 (a) EXCLUSIVE REMEDY.—The remedy against the 

18 United States provided by sections 1346(b) and 2672 of 

19 title 28, for damages for personal injury, including death, 

20 caused by the negligent or wrongful act or omission of any 

21 physician, dentist, nurse, pharmacist, or paramedical or 

22 other supporting personnel (including medical and dental 

23 technicians, nursing assistants, and therapists) of the Ad24 ministration in the performance of medical, dental, or re25 lated health care functions (including clinical studies and 
35 

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1 investigations) while acting within the scope of such per2 son’s duties or employment therein or therefor shall be 

3 exclusive of any other civil action or proceeding by reason 

4 of the same subject matter against such person (or the 

5 estate of such person) whose act or omission gave rise to 

6 the action or proceeding. 

7 (b) ATTORNEY GENERAL TO DEFEND ANY CIVIL AC8 TION OR PROCEEDING FOR MALPRACTICE OR NEG9 LIGENCE.—The Attorney General shall defend any civil 

10 action or proceeding brought in any court against any per11 son referred to in subsection (a) (or the estate of such 

12 person) for any such injury. Any such person against 

13 whom such civil action or proceeding is brought shall de14 liver within such time after date of service or knowledge 

15 of service as determined by the Attorney General, all proc16 ess served upon such person or an attested true copy 

17 thereof to such person’s immediate superior or to whom18 ever was designated by the Administrator to receive such 

19 papers. Such person shall promptly furnish copies of the 

20 pleading and process therein to the United States Attor21 ney for the district embracing the place wherein the pro22 ceeding is brought, to the Attorney General, and to the 

23 Administrator. 

24 (c) REMOVAL OF ACTIONS.—Upon a certification by 

25 the Attorney General that any person described in sub-
36 

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1 section (a) was acting in the scope of such person’s duties 

2 or employment at the time of the incident out of which 

3 the suit arose, any such civil action or proceeding com4 menced in a State court shall be removed without bond 

5 at any time before trial by the Attorney General to the 

6 district court of the United States of the district and divi7 sion embracing the place wherein it is pending and the 

8 proceeding deemed a tort action brought against the 

9 United States under the provisions of title 28, and all ref10 erences thereto. Should a district court of the United 

11 States determine, on a hearing on a motion to remand 

12 held before a trial on the merits, that the case so removed 

13 is one in which a remedy by suit within the meaning of 

14 subsection (a) is not available against the United States, 

15 the case shall be remanded to the State court. 

16 (d) COMPROMISE OR SETTLEMENT OF CLAIMS.—The 

17 Attorney General may compromise or settle any claim as18 serted in such civil action or proceeding in the manner 

19 provided in section 2677 of title 28, and with the same 

20 effect. 

21 (e) APPLICABILITY OF OTHER PROVISIONS OF

22 LAW.—For purposes of this section, the provisions of sec23 tion 2680(h) of title 28 shall not apply to any cause of 

24 action arising out of a negligent or wrongful act or omis25 sion in the performance of medical, dental, or related 
37 

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1 health care functions (including clinical studies and inves2 tigations). 

3 (f) LIABILITY INSURANCE FOR PERSONS ASSIGNED

4 TO FOREIGN COUNTRIES OR NON-FEDERAL AGENCIES.— 

5 The Administrator or the Administrator’s designee may, 

6 to the extent that the Administrator or the designee deems 

7 appropriate, hold harmless or provide liability insurance 

8 for any person described in subsection (a) for damages 

9 for personal injury, including death, caused by such per10 son’s negligent or wrongful act or omission in the perform11 ance of medical, dental, or related health care functions 

12 (including clinical studies and investigations) while acting 

13 within the scope of such person’s duties if such person 

14 is assigned to a foreign country or detailed for service with 

15 other than a Federal department, agency, or instrumen16 tality or if the circumstances are such as are likely to pre17 clude the remedies of third persons against the United 

18 States described in section 2679(b) of title 28, for such 

19 damage or injury. 

20 § 338. Insurance and indemnification 

21 (a) DEFINITIONS.—In this section: 

22 (1) SPACE VEHICLE.—The term ‘‘space vehicle’’ 

23 means an object intended for launch, launched, or 

24 assembled in outer space, including the space shuttle 

25 and other components of a space transportation sys-
38 

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1 tem, together with related equipment, devices, com2 ponents, and parts. 

3 (2) THIRD PARTY.—The term ‘‘third party’’ 

4 means any person who may institute a claim against 

5 a user for death, bodily injury, or loss of or damage 

6 to property. 

7 (3) USER.—The term ‘‘user’’ includes anyone 

8 who enters into an agreement with the Administra9 tion for use of all or a portion of a space vehicle, 

10 who owns or provides property to be flown on a 

11 space vehicle, or who employs a person to be flown 

12 on a space vehicle. 

13 (b) AUTHORIZATION.—The Administration is author14 ized on such terms and to the extent it may deem appro15 priate to provide liability insurance for any user of a space 

16 vehicle to compensate all or a portion of claims by third 

17 parties for death, bodily injury, or loss of or damage to 

18 property resulting from activities carried on in connection 

19 with the launch, operations, or recovery of the space vehi20 cle. Appropriations available to the Administration may be 

21 used to acquire such insurance, but such appropriations 

22 shall be reimbursed to the maximum extent practicable by 

23 the users under reimbursement policies established pursu24 ant to section 313 of this title. 
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1 (c) INDEMNIFICATION.—Under such regulations in 

2 conformity with this section as the Administrator shall 

3 prescribe taking into account the availability, cost, and 

4 terms of liability insurance, any agreement between the 

5 Administration and a user of a space vehicle may provide 

6 that the United States will indemnify the user against 

7 claims (including reasonable expenses of litigation or set8 tlement) by third parties for death, bodily injury, or loss 

9 of or damage to property resulting from activities carried 

10 on in connection with the launch, operations, or recovery 

11 of the space vehicle, but only to the extent that such 

12 claims are not compensated by liability insurance of the 

13 user. Such indemnification may be limited to claims re14 sulting from other than the actual negligence or willful 

15 misconduct of the user. 

16 (d) TERMS OF INDEMNIFICATION AGREEMENT.—An 

17 agreement made under subsection (c) that provides indem18 nification must also provide for— 

19 (1) notice to the United States of any claim or 

20 suit against the user for the death, bodily injury, or 

21 loss of or damage to the property; and 

22 (2) control of or assistance in the defense by 

23 the United States, at its election, of that suit or 

24 claim. 
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1 (e) CERTIFICATION OF JUST AND REASONABLE

2 AMOUNT.—No payment may be made under subsection 

3 (c) unless the Administrator or the Administrator’s des4 ignee certifies that the amount is just and reasonable. 

5 (f) PAYMENTS.—Upon the approval by the Adminis6 trator, payments under subsection (c) may be made, at 

7 the Administrator’s election, either from funds available 

8 for research and development not otherwise obligated or 

9 from funds appropriated for such payments. 

10 § 339. Insurance for experimental aerospace vehicles 

11 (a) DEFINITIONS.—In this section: 

12 (1) COOPERATING PARTY.—The term ‘‘cooper13 ating party’’ means any person who enters into an 

14 agreement with the Administration for the perform15 ance of cooperative scientific, aeronautical, or space 

16 activities to carry out the purposes of this chapter. 

17 (2) DEVELOPER.—The term ‘‘developer’’ means 

18 a United States person (other than a natural per19 son) who— 

20 (A) is a party to an agreement with the 

21 Administration for the purpose of developing 

22 new technology for an experimental aerospace 

23 vehicle; 

24 (B) owns or provides property to be flown 

25 or situated on that vehicle; or 
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1 (C) employs a natural person to be flown 

2 on that vehicle. 

3 (3) EXPERIMENTAL AEROSPACE VEHICLE.— 

4 The term ‘‘experimental aerospace vehicle’’ means 

5 an object intended to be flown in, or launched into, 

6 orbital or suborbital flight for the purpose of dem7 onstrating technologies necessary for a reusable 

8 launch vehicle, developed under an agreement be9 tween the Administration and a developer. 

10 (4) RELATED ENTITY.—The term ‘‘related enti11 ty’’ includes a contractor or subcontractor at any 

12 tier, a supplier, a grantee, and an investigator or 

13 detailee. 

14 (b) IN GENERAL.—The Administrator may provide li15 ability insurance for, or indemnification to, the developer 

16 of an experimental aerospace vehicle developed or used in 

17 execution of an agreement between the Administration 

18 and the developer. 

19 (c) TERMS AND CONDITIONS.— 

20 (1) IN GENERAL.—Except as otherwise pro21 vided in this section, the insurance and indemnifica22 tion provided by the Administration under sub23 section (b) to a developer shall be provided on the 

24 same terms and conditions as insurance and indem25 nification is provided by the Administration under 
42 

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1 section 338 of this title to the user of a space vehi2 cle. 

3 (2) INSURANCE.— 

4 (A) IN GENERAL.—A developer shall ob5 tain liability insurance or demonstrate financial 

6 responsibility in amounts to compensate for the 

7 maximum probable loss from claims by— 

8 (i) a third party for death, bodily in9 jury, or property damage, or loss resulting 

10 from an activity carried out in connection 

11 with the development or use of an experi12 mental aerospace vehicle; and 

13 (ii) the United States Government for 

14 damage or loss to Government property re15 sulting from such an activity. 

16 (B) MAXIMUM REQUIRED.—The Adminis17 trator shall determine the amount of insurance 

18 required, but, except as provided in subpara19 graph (C), that amount shall not be greater 

20 than the amount required under section 

21 70112(a)(3) of title 49 for a launch. The Ad22 ministrator shall publish notice of the Adminis23 trator’s determination and the applicable 

24 amount or amounts in the Federal Register 

25 within 10 days after making the determination. 
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1 (C) INCREASE IN DOLLAR AMOUNTS.—The 

2 Administrator may increase the dollar amounts 

3 set forth in section 70112(a)(3)(A) of title 49 

4 for the purpose of applying that section under 

5 this section to a developer after consultation 

6 with the Comptroller General and such experts 

7 and consultants as may be appropriate, and 

8 after publishing notice of the increase in the 

9 Federal Register not less than 180 days before 

10 the increase goes into effect. The Administrator 

11 shall make available for public inspection, not 

12 later than the date of publication of such no13 tice, a complete record of any correspondence 

14 received by the Administration, and a transcript 

15 of any meetings in which the Administration 

16 participated, regarding the proposed increase. 

17 (D) SAFETY REVIEW REQUIRED BEFORE

18 ADMINISTRATOR PROVIDES INSURANCE.—The 

19 Administrator may not provide liability insur20 ance or indemnification under subsection (b) 

21 unless the developer establishes to the satisfac22 tion of the Administrator that appropriate safe23 ty procedures and practices are being followed 

24 in the development of the experimental aero25 space vehicle. 
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1 (3) NO INDEMNIFICATION WITHOUT CROSS2 WAIVER.—Notwithstanding subsection (b), the Ad3 ministrator may not indemnify a developer of an ex4 perimental aerospace vehicle under this section un5 less there is an agreement between the Administra6 tion and the developer described in subsection (d). 

7 (4) APPLICATION OF CERTAIN PROCEDURES.— 

8 If the Administrator requests additional appropria9 tions to make payments under this section, like the 

10 payments that may be made under section 338(c) of 

11 this title, then the request for those appropriations 

12 shall be made in accordance with the procedures es13 tablished by subsections (d) and (e) of section 70113 

14 of title 49. 

15 (d) CROSS-WAIVERS.— 

16 (1) ADMINISTRATOR AUTHORIZED TO WAIVE.— 

17 The Administrator, on behalf of the United States, 

18 and its departments, agencies, and instrumentalities, 

19 may reciprocally waive claims with a developer or co20 operating party and with the related entities of that 

21 developer or cooperating party under which each 

22 party to the waiver agrees to be responsible, and 

23 agrees to ensure that its own related entities are re24 sponsible, for damage or loss to its property for 

25 which it is responsible, or for losses resulting from 
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1 any injury or death sustained by its own employees 

2 or agents, as a result of activities connected to the 

3 agreement or use of the experimental aerospace vehi4 cle. 

5 (2) LIMITATIONS.— 

6 (A) CLAIMS.—A reciprocal waiver under 

7 paragraph (1) may not preclude a claim by any 

8 natural person (including a natural person who 

9 is an employee of the United States, the devel10 oper, the cooperating party, or their respective 

11 subcontractors) or that natural person’s estate, 

12 survivors, or subrogees for injury or death, ex13 cept with respect to a subrogee that is a party 

14 to the waiver or has otherwise agreed to be 

15 bound by the terms of the waiver. 

16 (B) LIABILITY FOR NEGLIGENCE.—A re17 ciprocal waiver under paragraph (1) may not 

18 absolve any party of liability to any natural per19 son (including a natural person who is an em20 ployee of the United States, the developer, the 

21 cooperating party, or their respective sub22 contractors) or such a natural person’s estate, 

23 survivors, or subrogees for negligence, except 

24 with respect to a subrogee that is a party to the 
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1 waiver or has otherwise agreed to be bound by 

2 the terms of the waiver. 

3 (C) INDEMNIFICATION FOR DAMAGES.—A 

4 reciprocal waiver under paragraph (1) may not 

5 be used as the basis of a claim by the Adminis6 tration, or the developer or cooperating party, 

7 for indemnification against the other for dam8 ages paid to a natural person, or that natural 

9 person’s estate, survivors, or subrogees, for in10 jury or death sustained by that natural person 

11 as a result of activities connected to the agree12 ment or use of the experimental aerospace vehi13 cle. 

14 (D) WILLFUL MISCONDUCT.—A reciprocal 

15 waiver under paragraph (1) may not relieve the 

16 United States, the developer, the cooperating 

17 party, or the related entities of the developer or 

18 cooperating party, of liability for damage or loss 

19 resulting from willful misconduct. 

20 (3) EFFECT ON PREVIOUS WAIVERS.—This sub21 section applies to any waiver of claims entered into 

22 by the Administration without regard to the date on 

23 which the Administration entered into the waiver. 

24 (e) RELATIONSHIP TO OTHER LAWS.— 
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1 (1) SECTION 338.—This section does not apply 

2 to any object, transaction, or operation to which sec3 tion 338 of this title applies. 

4 (2) CHAPTER 701 OF TITLE 49.—The Adminis5 trator may not provide indemnification to a devel6 oper under this section for launches subject to li7 cense under section 70117(g)(1) of title 49. 

8 (f) TERMINATION.— 

9 (1) IN GENERAL.—The provisions of this sec10 tion shall terminate on December 31, 2002, except 

11 that the Administrator may extend the termination 

12 date to a date not later than September 30, 2005, 

13 if the Administrator determines that such extension 

14 is in the interests of the United States. 

15 (2) EFFECT OF TERMINATION ON AGREE16 MENT.—The termination of this section shall not 

17 terminate or otherwise affect any cross-waiver agree18 ment, insurance agreement, indemnification agree19 ment, or other agreement entered into under this 

20 section, except as may be provided in that agree21 ment. 

22 § 340. Appropriations 

23 (a) AUTHORIZATION.— 

24 (1) IN GENERAL.—There are authorized to be 

25 appropriated such sums as may be necessary to 
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1 carry out this chapter, except that nothing in this 

2 chapter shall authorize the appropriation of any 

3 amount for— 

4 (A) the acquisition or condemnation of any 

5 real property; or 

6 (B) any other item of a capital nature 

7 (such as plant or facility acquisition, construc8 tion, or expansion) which exceeds $250,000. 

9 (2) AVAILABILITY.—Sums appropriated pursu10 ant to this subsection for the construction of facili11 ties, or for research and development activities, shall 

12 remain available until expended. 

13 (b) USE OF FUNDS FOR EMERGENCY REPAIRS OF

14 EXISTING FACILITIES.—Any funds appropriated for the 

15 construction of facilities may be used for emergency re16 pairs of existing facilities when such existing facilities are 

17 made inoperative by major breakdown, accident, or other 

18 circumstances and such repairs are deemed by the Admin19 istrator to be of greater urgency than the construction of 

20 new facilities. 

21 (c) TERMINATION.—Notwithstanding any other pro22 vision of law, the authorization of any appropriation to 

23 the Administration shall expire (unless an earlier expira24 tion is specifically provided) at the close of the third fiscal 

25 year following the fiscal year in which the authorization 
49 

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1 was enacted, to the extent that such appropriation has not 

2 theretofore actually been made. 

3 § 341. Misuse of agency name and initials 

4 (a) IN GENERAL.—No person (as defined by section 

5 335(a) of this title) may knowingly use the words ‘‘Na6 tional Aeronautics and Space Administration’’ or the let7 ters ‘‘NASA’’, or any combination, variation, or colorable 

8 imitation of those words or letters either alone or in com9 bination with other words or letters— 

10 (1) as a firm or business name in a manner 

11 reasonably calculated to convey the impression that 

12 the firm or business has some connection with, en13 dorsement of, or authorization from, the Administra14 tion which does not, in fact, exist; or 

15 (2) in connection with any product or service 

16 being offered or made available to the public in a 

17 manner reasonably calculated to convey the impres18 sion that the product or service has the authoriza19 tion, support, sponsorship, or endorsement of, or the 

20 development, use, or manufacture by or on behalf of 

21 the Administration which does not, in fact, exist. 

22 (b) CIVIL PROCEEDING TO ENJOIN.—Whenever it 

23 appears to the Attorney General that any person is en24 gaged in an act or practice which constitutes or will con25 stitute conduct prohibited by subsection (a), the Attorney 
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1 General may initiate a civil proceeding in a district court 

2 of the United States to enjoin such act or practice. 

3 § 342. Contracts regarding expendable launch vehi4 cles 

5 (a) COMMITMENTS BEYOND AVAILABLE APPROPRIA6 TIONS.—The Administrator may enter into contracts for 

7 expendable launch vehicle services that are for periods in 

8 excess of the period for which funds are otherwise avail9 able for obligation, provide for the payment for contingent 

10 liability which may accrue in excess of available appropria11 tions in the event the Federal Government for its conven12 ience terminates such contracts, and provide for advance 

13 payments reasonably related to launch vehicle and related 

14 equipment, fabrication, and acquisition costs, if any such 

15 contract limits the amount of the payments that the Gov16 ernment is allowed to make under such contract to 

17 amounts provided in advance in appropriation Acts. Such 

18 contracts may be limited to sources within the United 

19 States when the Administrator determines that such limi20 tation is in the public interest. 

21 (b) TERMINATION IF FUNDS NOT AVAILABLE.—If 

22 funds are not available to continue any such contract, the 

23 contract shall be terminated for the convenience of the 

24 Government, and the costs of such contract shall be paid 

25 from appropriations originally available for performance 
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1 of the contract, from other unobligated appropriations 

2 currently available for the procurement of launch services, 

3 or from funds appropriated for such payments. 

4 § 343. Full cost appropriations account structure 

5 (a) DESIGNATION OF ACCOUNTS FOR APPROPRIA6 TIONS.—Appropriations for the Administration shall be 

7 made in 3 accounts, ‘‘Exploration capabilities’’, ‘‘Science, 

8 aeronautics and exploration’’, and an account for amounts 

9 appropriated for the necessary expenses of the Office of 

10 Inspector General. Appropriations shall remain available 

11 for 2 fiscal years. Each account shall include the planned 

12 full costs of the Administration’s related activities. 

13 (b) TRANSFERS AMONG ACCOUNTS.—To ensure the 

14 safe, timely, and successful accomplishment of Adminis15 tration missions, the Administration may transfer among 

16 accounts as necessary, amounts for— 

17 (1) Federal salaries and benefits; 

18 (2) training, travel, and awards; 

19 (3) facility and related costs; 

20 (4) information technology services; 

21 (5) publishing services; 

22 (6) science, engineering, fabricating, and testing 

23 services; and 

24 (7) other administrative services. 
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1 (c) TRANSFER OF UNEXPIRED BALANCES.—The un2 expired balances of prior appropriations to the Adminis3 tration for activities authorized under this chapter may 

4 be transferred to the new account established for such ac5 tivity in subsection (a). Balances so transferred may be 

6 merged with funds in the newly established account and 

7 thereafter may be accounted for as one fund under the 

8 same terms and conditions. 

9 § 344. Enhanced-use lease of real property dem10 onstration 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, the Administrator may enter into a lease 

13 under this section with any person or entity (including an14 other department or agency of the Federal Government 

15 or an entity of a State or local government) with regard 

16 to any real property under the jurisdiction of the Adminis17 trator at no more than 2 Administration centers. 

18 (b) CONSIDERATION.— 

19 (1) AMOUNT.—A person or entity entering into 

20 a lease under this section shall provide consideration 

21 for the lease at fair market value as determined by 

22 the Administrator, except that in the case of a lease 

23 to another department or agency of the Federal 

24 Government, that department or agency shall pro25 vide consideration for the lease equal to the full 
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1 costs to the Administration in connection with the 

2 lease. 

3 (2) FORM.—Consideration under this sub4 section may take one or a combination of the fol5 lowing forms: 

6 (A) The payment of cash. 

7 (B) The maintenance, construction, modi8 fication, or improvement of facilities on real 

9 property under the jurisdiction of the Adminis10 trator. 

11 (C) The provision of services to the Admin12 istration, including launch services and payload 

13 processing services. 

14 (D) The use by the Administration of fa15 cilities on the property. 

16 (3) CASH CONSIDERATION.— 

17 (A) UTILIZATION.—The Administrator 

18 may utilize amounts of cash consideration re19 ceived under this subsection for a lease entered 

20 into under this section to cover the full costs to 

21 the Administration in connection with the lease. 

22 These funds shall remain available until ex23 pended. 

24 (B) AMOUNTS NOT UTILIZED.—Any 

25 amounts of cash consideration received under 
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1 this subsection that are not utilized in accord2 ance with subparagraph (A) shall be deposited 

3 in a capital asset account to be established by 

4 the Administrator, shall be available for mainte5 nance, capital revitalization, and improvements 

6 of the real property assets of the centers se7 lected for this demonstration program, and 

8 shall remain available until expended. 

9 (c) ADDITIONAL TERMS AND CONDITIONS.—The Ad10 ministrator may require such terms and conditions in con11 nection with a lease under this section as the Adminis12 trator considers appropriate to protect the interests of the 

13 United States. 

14 (d) RELATIONSHIP TO OTHER LEASE AUTHORITY.— 

15 The authority under this section to lease property of the 

16 Administration is in addition to any other authority to 

17 lease property of the Administration under law. 

18 (e) LEASE RESTRICTIONS.—The Administration is 

19 not authorized to lease back property under this section 

20 during the term of the out-lease or enter into other con21 tracts with the lessee respecting the property. 

22 (f) PLAN AND REPORTING REQUIREMENTS.—At 

23 least 15 days prior to the Administrator entering into the 

24 first lease under this section, the Administrator shall sub25 mit a plan to Congress on the Administration’s proposed 
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1 implementation of this demonstration. The Administrator 

2 shall submit an annual report by January 31 of each year 

3 regarding the status of the demonstration. 

4 SUBCHAPTER IV—UPPER ATMOSPHERE 

5 RESEARCH 

6 § 361. Congressional declaration of purpose and pol7 icy 

8 (a) PURPOSE.—The purpose of this subchapter is to 

9 authorize and direct the Administration to develop and 

10 carry out a comprehensive program of research, tech11 nology, and monitoring of the phenomena of the upper at12 mosphere so as to provide for an understanding of and 

13 to maintain the chemical and physical integrity of the 

14 Earth’s upper atmosphere. 

15 (b) POLICY.—Congress declares that it is the policy 

16 of the United States to undertake an immediate and ap17 propriate research, technology, and monitoring program 

18 that will provide for understanding the physics and chem19 istry of the Earth’s upper atmosphere. 

20 § 362. Definition of upper atmosphere 

21 In this subchapter, the term ‘‘upper atmosphere’’ 

22 means that portion of the Earth’s sensible atmosphere 

23 above the troposphere. 
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1 § 363. Program authorized 

2 (a) IN GENERAL.—In order to carry out the purposes 

3 of this subchapter, the Administration, in cooperation with 

4 other Federal agencies, shall initiate and carry out a pro5 gram of research, technology, monitoring, and other ap6 propriate activities directed to understand the physics and 

7 chemistry of the upper atmosphere. 

8 (b) ACTIVITIES.—In carrying out the provisions of 

9 this subchapter, the Administration shall— 

10 (1) arrange for participation by the scientific 

11 and engineering community, of both the Nation’s in12 dustrial organizations and institutions of higher edu13 cation, in planning and carrying out appropriate re14 search, in developing necessary technology, and in 

15 making necessary observations and measurements; 

16 (2) provide, by way of grant, contract, scholar17 ships, or other arrangements, to the maximum ex18 tent practicable and consistent with other laws, for 

19 the widest practicable and appropriate participation 

20 of the scientific and engineering community in the 

21 program authorized by this subchapter; and 

22 (3) make all results of the program authorized 

23 by this subchapter available to the appropriate regu24 latory agencies and provide for the widest prac25 ticable dissemination of such results. 
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1 § 364. International cooperation 

2 In carrying out the provisions of this subchapter, the 

3 Administration, subject to the direction of the President 

4 and after consultation with the Secretary of State, shall 

5 make every effort to enlist the support and cooperation 

6 of appropriate scientists and engineers of other countries 

7 and international organizations. 

8 CHAPTER 5—ADJUNCT NATIONAL SPACE 

9 PROGRAM PROVISIONS 

SUBCHAPTER I—APPROPRIATIONS AND FUNDS 

Sec. 

501. Prior authorization of appropriations required. 

502. Working capital fund. 

SUBCHAPTER II—CONTRACT AND LEASE AUTHORITY 

511. Guaranteed customer base. 

512. Quality assurance personnel. 

513. Tracking and data relay satellite services. 

514. Award of contracts to small businesses and disadvantaged individuals. 

515. Foreign contract limitation. 

SUBCHAPTER III—COST EFFECTIVENESS 

531. Requirement for independent cost analysis. 

532. Cost effectiveness calculations. 

533. Use of abandoned and underutilized buildings, grounds, and facilities. 

SUBCHAPTER IV—AWARDS 

541. Congressional Space Medal of Honor. 

SUBCHAPTER V—USE OF SPACE SHUTTLE OR ALTERNATIVES 

551. Recovery of fair value of placing Department of Defense payloads in orbit 

with space shuttle. 

552. Payloads launched on Titan II launch vehicles. 

553. Space shuttle use policy. 

554. Commercial payloads on space shuttle. 

SUBCHAPTER VI—SHUTTLE PRICING POLICY FOR COMMERCIAL 

AND FOREIGN USERS 

561. Congressional findings and declarations. 

562. Purpose, policy, and goals. 

563. Definition of additive cost. 
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564. Duties of Administrator. 

SUBCHAPTER VII—EDUCATION AND RESEARCH 

571. Science, Space, and Technology Education Trust Fund. 

572. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund. 

573. Experimental Program to Stimulate Competitive Research—merit grant 

competition requirements. 

574. National Aeronautics and Space Administration Science and Technology 

Scholarship Program. 

SUBCHAPTER VIII—SAFETY 

581. Drug and alcohol testing. 

582. Aerospace Safety Advisory Panel. 

SUBCHAPTER IX—COMPETITIVENESS AND INTERNATIONAL 

COOPERATION 

591. Competitiveness and international cooperation. 

1 SUBCHAPTER I—APPROPRIATIONS AND FUNDS 

2 § 501. Prior authorization of appropriations required 

3 Notwithstanding the provisions of any other law, no 

4 appropriation may be made to the Administration unless 

5 previously authorized by legislation enacted by Congress. 

6 § 502. Working capital fund 

7 (a) ESTABLISHMENT.—There is hereby established in 

8 the United States Treasury an Administration working 

9 capital fund. 

10 (b) AVAILABILITY OF AMOUNTS.— 

11 (1) IN GENERAL.—Amounts in the fund are 

12 available for financing activities, services, equipment, 

13 information, and facilities as authorized by law to be 

14 provided— 

15 (A) within the Administration; 
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1 (B) to other agencies or instrumentalities 

2 of the United States; 

3 (C) to any State, Territory, or possession 

4 or political subdivision thereof; 

5 (D) to other public or private agencies; or 

6 (E) to any person, firm, association, cor7 poration, or educational institution on a reim8 bursable basis. 

9 (2) CAPITAL REPAIRS.—The fund shall also be 

10 available for the purpose of funding capital repairs, 

11 renovations, rehabilitation, sustainment, demolition, 

12 or replacement of Administration real property, on a 

13 reimbursable basis within the Administration. 

14 (3) NO FISCAL YEAR LIMITATION.—Amounts in 

15 the fund are available without regard to fiscal year 

16 limitation. 

17 (c) CONTENTS.—The capital of the fund consists 

18 of— 

19 (1) amounts appropriated to the fund; 

20 (2) the reasonable value of stocks of supplies, 

21 equipment, and other assets and inventories on 

22 order that the Administrator transfers to the fund, 

23 less the related liabilities and unpaid obligations; 

24 and 
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1 (3) payments received for loss or damage to 

2 property of the fund. 

3 (d) REIMBURSEMENT.—The fund shall be reim4 bursed, in advance, for supplies and services at rates that 

5 will approximate the expenses of operation, such as the 

6 accrual of annual leave, depreciation of plant, property, 

7 and equipment, and overhead. 

8 SUBCHAPTER II—CONTRACT AND LEASE 

9 AUTHORITY 

10 § 511. Guaranteed customer base 

11 No amount appropriated to the Administration may 

12 be used to fund grants, contracts, or other agreements 

13 with an expected duration of more than one year, when 

14 a primary effect of the grant, contract, or agreement is 

15 to provide a guaranteed customer base for or establish an 

16 anchor tenancy in new commercial space hardware or serv17 ices unless an appropriations Act specifies the new com18 mercial space hardware or services to be developed or 

19 used, or the grant, contract, or agreement is otherwise 

20 identified in such Act. 

21 § 512. Quality assurance personnel 

22 (a) EXCLUSION OF ADMINISTRATION PERSONNEL.— 

23 A person providing articles to the Administration under 

24 a contract entered into after December 9, 1991, may not 

25 exclude Administration quality assurance personnel from 
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1 work sites except as provided in a contract provision that 

2 has been submitted to Congress as provided in subsection 

3 (b). 

4 (b) CONTRACT PROVISIONS.—The Administration 

5 shall not enter into any contract which permits the exclu6 sion of Administration quality assurance personnel from 

7 work sites unless the Administrator has submitted a copy 

8 of the provision permitting such exclusion to Congress at 

9 least 60 days before entering into the contract. 

10 § 513. Tracking and data relay satellite services 

11 (a) CONTRACTS.—The Administration is authorized, 

12 when so provided in an appropriation Act, to enter into 

13 and to maintain a contract for tracking and data relay 

14 satellite services. Such services shall be furnished to the 

15 Administration in accordance with applicable authoriza16 tion and appropriations Acts. The Government shall incur 

17 no costs under such contract prior to the furnishing of 

18 such services except that the contract may provide for the 

19 payment for contingent liability of the Government which 

20 may accrue in the event the Government should decide for 

21 its convenience to terminate the contract before the end 

22 of the period of the contract. Facilities which may be re23 quired in the performance of the contract may be con24 structed on Government-owned lands if there is included 

25 in the contract a provision under which the Government 
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1 may acquire title to the facilities, under terms and condi2 tions agreed upon in the contract, upon termination of the 

3 contract. 

4 (b) REPORTS TO CONGRESS.—The Administrator 

5 shall in January of each year report to the Committee on 

6 Science and the Committee on Appropriations of the 

7 House of Representatives and the Committee on Com8 merce, Science, and Transportation and the Committee on 

9 Appropriations of the Senate the projected aggregate con10 tingent liability of the Government under termination pro11 visions of any contract authorized in this section through 

12 the next fiscal year. The authority of the Administration 

13 to enter into and to maintain the contract authorized here14 under shall remain in effect unless repealed by legislation 

15 enacted by Congress. 

16 § 514. Award of contracts to small businesses and 

17 disadvantaged individuals 

18 The Administrator shall annually establish a goal of 

19 at least 8 percent of the total value of prime and sub20 contracts awarded in support of authorized programs, in21 cluding the space station by the time operational status 

22 is obtained, which funds will be made available to small 

23 business concerns or other organizations owned or con24 trolled by socially and economically disadvantaged individ25 uals (within the meaning of paragraphs (5) and (6) of sec-
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1 tion 8(a) of the Small Business Act (15 U.S.C. 637(a))), 

2 including Historically Black Colleges and Universities and 

3 minority educational institutions (as defined by the Sec4 retary of Education pursuant to the General Education 

5 Provisions Act (20 U.S.C. 1221 et seq.)). 

6 § 515. Foreign contract limitation 

7 The Administration shall not enter into any agree8 ment or contract with a foreign government that grants 

9 the foreign government the right to recover profit in the 

10 event that the agreement or contract is terminated. 

11 SUBCHAPTER III—COST EFFECTIVENESS 

12 § 531. Requirement for independent cost analysis 

13 (a) DEFINITION OF PHASE B.—In this section, the 

14 term ‘‘Phase B’’ means the latter stages of project formu15 lation, during which the final definition of a project is car16 ried out and before project implementation (which includes 

17 the Design, Development, and Operations Phases) begins. 

18 (b) REQUIREMENT.—Before any funds may be obli19 gated for Phase B of a project that is projected to cost 

20 more than $150,000,000 in total project costs, the Chief 

21 Financial Officer for the Administration shall conduct an 

22 independent life-cycle cost analysis of the project and shall 

23 report the results to Congress. In developing cost account24 ing and reporting standards for carrying out this section, 

25 the Chief Financial Officer shall, to the extent practicable 
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1 and consistent with other laws, solicit the advice of experts 

2 outside of the Administration. 

3 § 532. Cost effectiveness calculations 

4 (a) DEFINITION OF COMMERCIAL PROVIDER.—In 

5 this section, the term ‘‘commercial provider’’ has the 

6 meaning given the term in section 3 of the National Aero7 nautics and Space Administration Authorization Act of 

8 2000 (Public Law 106–391, 114 Stat. 1579). 

9 (b) IN GENERAL.—Except as otherwise required by 

10 law, in calculating the cost effectiveness of the cost of the 

11 Administration engaging in an activity as compared to a 

12 commercial provider, the Administrator shall compare the 

13 cost of the Administration engaging in the activity using 

14 full cost accounting principles with the price the commer15 cial provider will charge for such activity. 

16 § 533. Use of abandoned and underutilized buildings, 

17 grounds, and facilities 

18 (a) DEFINITION OF DEPRESSED COMMUNITIES.—In 

19 this section, the term ‘‘depressed communities’’ means 

20 rural and urban communities that are relatively depressed, 

21 in terms of age of housing, extent of poverty, growth of 

22 per capita income, extent of unemployment, job lag, or 

23 surplus labor. 

24 (b) IN GENERAL.—In any case in which the Adminis25 trator considers the purchase, lease, or expansion of a fa-
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1 cility to meet requirements of the Administration, the Ad2 ministrator shall consider whether those requirements 

3 could be met by the use of one of the following: 

4 (1) Abandoned or underutilized buildings, 

5 grounds, and facilities in depressed communities 

6 that can be converted to Administration usage at a 

7 reasonable cost, as determined by the Administrator. 

8 (2) Any military installation that is closed or 

9 being closed, or any facility at such an installation. 

10 (3) Any other facility or part of a facility that 

11 the Administrator determines to be— 

12 (A) owned or leased by the United States 

13 for the use of another agency of the Federal 

14 Government; and 

15 (B) considered by the head of the agency 

16 involved to be— 

17 (i) excess to the needs of that agency; 

18 or 

19 (ii) underutilized by that agency. 

20 SUBCHAPTER IV—AWARDS 

21 § 541. Congressional Space Medal of Honor 

22 (a) AUTHORITY TO AWARD.—The President may 

23 award, and present in the name of Congress, a medal of 

24 appropriate design, which shall be known as the Congres25 sional Space Medal of Honor, to any astronaut who in the 
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1 performance of the astronaut’s duties has distinguished 

2 himself or herself by exceptionally meritorious efforts and 

3 contributions to the welfare of the Nation and of human4 kind. 

5 (b) APPROPRIATIONS.—There is authorized to be ap6 propriated from time to time such sums of money as may 

7 be necessary to carry out the purposes of this section. 

8 SUBCHAPTER V—USE OF SPACE SHUTTLE OR 

9 ALTERNATIVES 

10 § 551. Recovery of fair value of placing Department 

11 of Defense payloads in orbit with space 

12 shuttle 

13 Notwithstanding any other provision of law, or any 

14 interagency agreement, the Administrator shall charge 

15 such prices as are necessary to recover the fair value of 

16 placing Department of Defense payloads into orbit by 

17 means of the space shuttle. 

18 § 552. Payloads launched on Titan II launch vehicles 

19 The Secretary of Defense and the Administrator will 

20 jointly determine which payloads will be launched on Titan 

21 II launch vehicles and certify by notice to Congress that 

22 such launches are cost effective as compared to launches 

23 by the space shuttle and do not diminish the efficient and 

24 effective utilization of the space shuttle capability. This 

25 section may be waived only upon certification by the Sec-
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1 retary of Defense that certain classified payloads must be 

2 launched on the Titan II launch vehicle as opposed to the 

3 space shuttle, for national security reasons. 

4 § 553. Space shuttle use policy 

5 (a) USE POLICY.— 

6 (1) IN GENERAL.— 

7 (A) POLICY.—It shall be the policy of the 

8 United States to use the space shuttle— 

9 (i) for purposes that require a human 

10 presence; 

11 (ii) for purposes that require the 

12 unique capabilities of the space shuttle; or 

13 (iii) when other compelling cir14 cumstances exist. 

15 (B) DEFINITION OF COMPELLING CIR16 CUMSTANCES.—In this paragraph, the term 

17 ‘‘compelling circumstances’’ includes, but is not 

18 limited to, occasions when the Administrator 

19 determines, in consultation with the Secretary 

20 of Defense and the Secretary of State, that im21 portant national security or foreign policy inter22 ests would be served by a shuttle launch. 

23 (2) USING AVAILABLE CARGO SPACE FOR SEC24 ONDARY PAYLOADS.—The policy stated in paragraph 

25 (1) shall not preclude the use of available cargo 
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1 space, on a space shuttle mission otherwise con2 sistent with the policy described in paragraph (1), 

3 for the purpose of carrying secondary payloads (as 

4 defined by the Administrator) that do not require a 

5 human presence if such payloads are consistent with 

6 the requirements of research, development, dem7 onstration, scientific, commercial, and educational 

8 programs authorized by the Administrator. 

9 (b) ANNUAL REPORT.—At least annually, the Admin10 istrator shall submit to Congress a report certifying that 

11 the payloads scheduled to be launched on the space shuttle 

12 for the next 4 years are consistent with the policy set forth 

13 in subsection (a)(1). For each payload scheduled to be 

14 launched from the space shuttle that does not require a 

15 human presence, the Administrator shall, in the certified 

16 report to Congress, state the specific circumstances that 

17 justified the use of the space shuttle. If, during the period 

18 between scheduled reports to Congress, any additions are 

19 made to the list of certified payloads intended to be 

20 launched from the shuttle, the Administrator shall inform 

21 Congress of the additions and the reasons therefor within 

22 45 days of the change. 

23 (c) ADMINISTRATION PAYLOADS.—The report de24 scribed in subsection (b) shall also include those Adminis-
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1 tration payloads designed solely to fly on the space shuttle 

2 which have begun the phase C/D of its development cycle. 

3 § 554. Commercial payloads on space shuttle 

4 (a) DEFINITIONS.—In this section: 

5 (1) LAUNCH VEHICLE.—The term ‘‘launch vehi6 cle’’ means any vehicle constructed for the purpose 

7 of operating in, or placing a payload in, outer space. 

8 (2) PAYLOAD.—The term ‘‘payload’’ means an 

9 object which a person undertakes to place in outer 

10 space by means of a launch vehicle, and includes 

11 subcomponents of the launch vehicle specifically de12 signed or adapted for that object. 

13 (b) IN GENERAL.—Commercial payloads may not be 

14 accepted for launch as primary payloads on the space 

15 shuttle unless the Administrator determines that— 

16 (1) the payload requires the unique capabilities 

17 of the space shuttle; or 

18 (2) launching of the payload on the space shut19 tle is important for either national security or for20 eign policy purposes. 

21 SUBCHAPTER VI—SHUTTLE PRICING POLICY 

22 FOR COMMERCIAL AND FOREIGN USERS 

23 § 561. Congressional findings and declarations 

24 Congress finds and declares that— 
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1 (1) the Space Transportation System is a vital 

2 element of the United States space program, con3 tributing to the United States leadership in space re4 search, technology, and development; 

5 (2) the Space Transportation System is the pri6 mary space launch system for both United States 

7 national security and civil government missions; 

8 (3) the Space Transportation System contrib9 utes to the expansion of United States private sector 

10 investment and involvement in space and therefore 

11 should serve commercial users; 

12 (4) the availability of the Space Transportation 

13 System to foreign users for peaceful purposes is an 

14 important means of promoting international coopera15 tive activities in the national interest and in main16 taining access to space for activities which enhance 

17 the security and welfare of humankind; 

18 (5) the United States is committed to maintain19 ing world leadership in space transportation; 

20 (6) making the Space Transportation System 

21 fully operational and cost effective in providing rou22 tine access to space will maximize the national eco23 nomic benefits of the system; and 

24 (7) national goals and the objectives for the 

25 Space Transportation System can be furthered by a 
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1 stable and fair pricing policy for the Space Trans2 portation System. 

3 § 562. Purpose, policy, and goals 

4 The purpose of this subchapter is to set, for commer5 cial and foreign users, the reimbursement pricing policy 

6 for the Space Transportation System that is consistent 

7 with the findings included in section 561 of this title, en8 courages the full and effective use of space, and is de9 signed to achieve the following goals: 

10 (1) The preservation of the role of the United 

11 States as a leader in space research, technology, and 

12 development. 

13 (2) The efficient and cost effective use of the 

14 Space Transportation System. 

15 (3) The achievement of greatly increased com16 mercial space activity. 

17 (4) The enhancement of the international com18 petitive position of the United States. 

19 § 563. Definition of additive cost 

20 In this subchapter, the term ‘‘additive cost’’ means 

21 the average direct and indirect costs to the Administration 

22 of providing additional flights of the Space Transportation 

23 System beyond the costs associated with those flights nec24 essary to meet the space transportation needs of the 

25 United States Government. 
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1 § 564. Duties of Administrator 

2 (a) ESTABLISHMENT AND IMPLEMENTATION OF RE3 IMBURSEMENT RECOVERY SYSTEM.—The Administrator 

4 shall establish and implement a pricing system to recover 

5 reimbursement in accordance with the pricing policy under 

6 section 562 of this title from each commercial or foreign 

7 user of the Space Transportation System, which, except 

8 as provided in subsections (c), (d), and (e), shall include 

9 a base price of not less than $74,000,000 for each flight 

10 of the Space Transportation System in 1982 dollars. 

11 (b) REPORTS TO CONGRESS.—Each year the Admin12 istrator shall submit to the President of the Senate, the 

13 Speaker of the House of Representatives, the Committee 

14 on Commerce, Science, and Transportation of the Senate, 

15 and the Committee on Science of the House of Represent16 atives a report, transmitted contemporaneously with the 

17 annual budget request of the President, which shall inform 

18 Congress how the policy goals contained in section 562 

19 of this title are being furthered by the shuttle price for 

20 foreign and commercial users. 

21 (c) REDUCTION OF BASE PRICE.— 

22 (1) AUTHORITY TO REDUCE.—If at any time 

23 the Administrator finds that the policy goals con24 tained in section 562 of this title are not being 

25 achieved, the Administrator shall have authority to 

26 reduce the base price established in subsection (a) 
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1 after 45 days following receipt by the President of 

2 the Senate, the Speaker of the House, the Com3 mittee on Commerce, Science, and Transportation of 

4 the Senate, and the Committee on Science of the 

5 House of Representatives of a notice by the Admin6 istrator containing a description of the proposed re7 duction together with a full and complete statement 

8 of the facts and circumstances which necessitate 

9 such proposed reduction. 

10 (2) MINIMUM PRICE.—In no case shall the min11 imum price established under paragraph (1) be less 

12 than additive cost. 

13 (d) LOW OR NO-COST FLIGHTS.—The Administrator 

14 may set a price lower than the price determined under 

15 subsection (a) or (c), or provide no-cost flights, for any 

16 commercial or foreign user of the Space Transportation 

17 System that is involved in research, development, or dem18 onstration programs with the Administration. 

19 (e) CUSTOMER INCENTIVES.—Notwithstanding the 

20 provisions of subsection (a), the Administrator shall have 

21 the authority to offer reasonable customer incentives con22 sistent with the policy goals in section 562 of this title. 
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1 SUBCHAPTER VII—EDUCATION AND RESEARCH 

2 § 571. Science, Space, and Technology Education 

3 Trust Fund 

4 There is appropriated, by transfer from funds appro5 priated in the Department of Housing and Urban Devel6 opment—Independent Agencies Appropriations Act, 1989 

7 (Public Law 100–404, 102 Stat. 1014), for ‘‘Construction 

8 of facilities’’, the sum of $15,000,000 to the ‘‘Science, 

9 Space, and Technology Education Trust Fund’’, which is 

10 hereby established in the Treasury of the United States. 

11 The Secretary of the Treasury shall invest these funds in 

12 the United States Treasury special issue securities, and 

13 interest shall be credited to the Trust Fund on a quarterly 

14 basis. Such interest shall be available for the purpose of 

15 making grants for programs directed at improving science, 

16 space, and technology education in the United States. The 

17 Administrator, after consultation with the Director of the 

18 National Science Foundation, shall review applications 

19 made for such grants and determine the distribution of 

20 available funds on a competitive basis. Grants shall be 

21 made available to any awardee only to the extent that the 

22 awardee provides matching funds from non-Federal 

23 sources to carry out the program for which grants from 

24 this Trust Fund are made. Of the funds made available 

25 by this Trust Fund, $250,000 shall be disbursed each cal-
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1 endar quarter to the Challenger Center for Space Science 

2 Education. The Administrator shall submit to Congress 

3 an annual report on the grants made pursuant to this sec4 tion. 

5 § 572. National Aeronautics and Space Administra6 tion Endeavor Teacher Fellowship Trust 

7 Fund 

8 (a) ESTABLISHMENT.—There is established in the 

9 Treasury of the United States, in tribute to the dedicated 

10 crew of the Space Shuttle Challenger, a trust fund to be 

11 known as the National Aeronautics and Space Administra12 tion Endeavor Teacher Fellowship Trust Fund (hereafter 

13 in this section referred to as the ‘‘Trust Fund’’). The 

14 Trust Fund shall consist of amounts which may from time 

15 to time, at the discretion of the Administrator, be trans16 ferred from the National Aeronautics and Space Adminis17 tration Gifts and Donations Trust Fund. 

18 (b) INVESTMENT OF TRUST FUND.—The Adminis19 trator shall direct the Secretary of the Treasury to invest 

20 and reinvest funds in the Trust Fund in public debt secu21 rities with maturities suitable for the needs of the Trust 

22 Fund, and bearing interest at rates determined by the 

23 Secretary of the Treasury, taking into consideration the 

24 current average market yield on outstanding marketable 
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1 obligations of the United States of comparable maturities. 

2 Interest earned shall be credited to the Trust Fund. 

3 (c) PURPOSE.—Income accruing from the Trust 

4 Fund principal shall be used to create the National Aero5 nautics and Space Administration Endeavor Teacher Fel6 lowship Program, to the extent provided in advance in ap7 propriation Acts. The Administrator is authorized to use 

8 such funds to award fellowships to selected United States 

9 nationals who are undergraduate students pursuing a 

10 course of study leading to certified teaching degrees in ele11 mentary education or in secondary education in mathe12 matics, science, or technology disciplines. Awards shall be 

13 made pursuant to standards established for the fellowship 

14 program by the Administrator. 

15 § 573. Experimental Program to Stimulate Competi16 tive Research—merit grant competition 

17 requirements 

18 (a) DEFINITION OF ELIGIBLE STATE.—In this sec19 tion, the term ‘‘eligible State’’ means a State designated 

20 by the Administrator as eligible to compete in the National 

21 Science Foundation’s Experimental Program to Stimulate 

22 Competitive Research. 

23 (b) COMPETITION.—Making use of the existing infra24 structure established in eligible States by the National 

25 Science Foundation, the Administrator shall conduct a 
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1 merit grant competition among the eligible States in areas 

2 of research important to the mission of the Administra3 tion. With respect to a grant application by an eligible 

4 State, the Administrator shall consider— 

5 (1) the application’s merit and relevance to the 

6 mission of the Administration; 

7 (2) the potential for the grant to serve as a cat8 alyst to enhance the ability of researchers in the 

9 State to become more competitive for regular Ad10 ministration funding; 

11 (3) the potential for the grant to improve the 

12 environment for science, mathematics, and engineer13 ing education in the State; and 

14 (4) the need to ensure the maximum distribu15 tion of grants among eligible States, consistent with 

16 merit. 

17 (c) SUPPLEMENTAL GRANTS.—The Administrator 

18 shall endeavor, where appropriate, to supplement grants 

19 made under subsection (b) with such grants for fellow20 ships, traineeships, equipment, or instrumentation as are 

21 available. 

22 § 574. National Aeronautics and Space Administra23 tion Science and Technology Scholarship 

24 Program 

25 (a) DEFINITIONS.—In this section: 
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1 (1) COST OF ATTENDANCE.—The term ‘‘cost of 

2 attendance’’ has the meaning given the term in sec3 tion 472 of the Higher Education Act of 1965 (20 

4 U.S.C. 1087ll). 

5 (2) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘‘institution of higher education’’ has the 

7 meaning given the term in section 101(a) of the 

8 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

9 (3) PROGRAM.—The term ‘‘Program’’ means 

10 the National Aeronautics and Space Administration 

11 Science and Technology Scholarship Program estab12 lished under this section. 

13 (b) ESTABLISHMENT OF PROGRAM.— 

14 (1) IN GENERAL.—The Administrator shall es15 tablish a National Aeronautics and Space Adminis16 tration Science and Technology Scholarship Pro17 gram to award scholarships to individuals that is de18 signed to recruit and prepare students for careers in 

19 the Administration. 

20 (2) SELECTION BY COMPETITIVE PROCESS.— 

21 Individuals shall be selected to receive scholarships 

22 under this section through a competitive process pri23 marily on the basis of academic merit, with consider24 ation given to financial need and the goal of pro25 moting the participation of individuals identified in 
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1 section 33 or 34 of the Science and Engineering 

2 Equal Opportunities Act (42 U.S.C. 1885a, 1885b). 

3 (3) CONTRACTUAL AGREEMENT TO SERVE AS

4 FULL-TIME EMPLOYEE.—To carry out the Program, 

5 the Administrator shall enter into contractual agree6 ments with individuals selected under paragraph (2) 

7 under which the individuals agree to serve as full8 time employees of the Administration, for the period 

9 described in subsection (g)(1), in positions needed by 

10 the Administration and for which the individuals are 

11 qualified, in exchange for receiving a scholarship. 

12 (c) ELIGIBILITY.—In order to be eligible to partici13 pate in the Program, an individual must— 

14 (1) be enrolled or accepted for enrollment as a 

15 full-time student at an institution of higher edu16 cation, as a junior or senior undergraduate or grad17 uate student, in an academic field or discipline de18 scribed in the list made available under subsection 

19 (e); 

20 (2) be a United States citizen or permanent 

21 resident; and 

22 (3) at the time of the initial scholarship award, 

23 not be an employee (as defined in section 2105 of 

24 title 5). 
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1 (d) APPLICATION.—An individual seeking a scholar2 ship under this section shall submit an application to the 

3 Administrator at such time, in such manner, and con4 taining such information, agreements, or assurances as 

5 the Administrator may require. 

6 (e) LIST OF ACADEMIC PROGRAMS AND FIELDS OF

7 STUDY.—The Administrator shall make publicly available 

8 a list of academic programs and fields of study for which 

9 scholarships under the Program may be utilized and shall 

10 update the list as necessary. 

11 (f) PROVIDING SCHOLARSHIPS.— 

12 (1) REQUIRED ACADEMIC DEGREE PROGRAM.— 

13 The Administrator may provide a scholarship under 

14 the Program for an academic year if the individual 

15 applying for the scholarship has submitted to the 

16 Administrator, as part of the application required 

17 under subsection (d), a proposed academic program 

18 leading to a degree in a program or field of study 

19 on the list made available under subsection (e). 

20 (2) FOUR-YEAR LIMITATION.—An individual 

21 may not receive a scholarship under this section for 

22 more than 4 academic years, unless the Adminis23 trator grants a waiver. 

24 (3) AMOUNT.—The dollar amount of a scholar25 ship under this section for an academic year shall be 
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1 determined under regulations issued by the Adminis2 trator, but shall in no case exceed the cost of attend3 ance. 

4 (4) USE.—A scholarship provided under this 

5 section may be expended for tuition, fees, and other 

6 authorized expenses as established by the Adminis7 trator by regulation. 

8 (5) DIRECT PAYMENTS TO INSTITUTIONS.—The 

9 Administrator may enter into a contractual agree10 ment with an institution of higher education under 

11 which the amounts provided for a scholarship under 

12 this section for tuition, fees, and other authorized 

13 expenses are paid directly to the institution with re14 spect to which the scholarship is provided. 

15 (g) PERIOD OF SERVICE.— 

16 (1) DURATION.—The period of service for 

17 which an individual shall be obligated to serve as an 

18 employee of the Administration is, except as pro19 vided in subsection (i)(2), 24 months for each aca20 demic year for which a scholarship under this sec21 tion is provided. 

22 (2) START DATE.— 

23 (A) IN GENERAL.—Except as provided in 

24 subparagraph (B), obligated service under para25 graph (1) shall begin not later than 60 days 
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1 after the individual obtains the educational de2 gree for which the scholarship was provided. 

3 (B) DEFERMENT.—The Administrator 

4 may defer the obligation of an individual to pro5 vide a period of service under paragraph (1) if 

6 the Administrator determines that such a 

7 deferment is appropriate. The Administrator 

8 shall prescribe the terms and conditions under 

9 which a service obligation may be deferred 

10 through regulation. 

11 (h) BREACH AND LIABILITY FOR REPAYMENT.— 

12 (1) FAILURE TO COMPLETE ACADEMIC PRO13 GRAM.—Scholarship recipients who fail to maintain 

14 a high level of academic standing, as defined by the 

15 Administrator by regulation, who are dismissed from 

16 their educational institutions for disciplinary rea17 sons, or who voluntarily terminate academic training 

18 before graduation from the educational program for 

19 which the scholarship was awarded, shall be in 

20 breach of their contractual agreement and, in lieu of 

21 any service obligation arising under such agreement, 

22 shall be liable to the United States for repayment 

23 within one year after the date of default of all schol24 arship funds paid to them and to the institution of 

25 higher education on their behalf under the agree-
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1 ment, except as provided in subsection (i)(2). The 

2 repayment period may be extended by the Adminis3 trator when determined to be necessary, as estab4 lished by regulation. 

5 (2) FAILURE TO FULFILL SERVICE OBLIGA6 TION.— 

7 (A) BREACH OF CONTRACTUAL AGREE8 MENT.—A scholarship recipient who, for any 

9 reason, fails to begin or complete the recipient’s 

10 service obligation after completion of academic 

11 training, or fails to comply with the terms and 

12 conditions of deferment established by the Ad13 ministrator pursuant to subsection (g)(2)(B), 

14 shall be in breach of the recipient’s contractual 

15 agreement. 

16 (B) LIABILITY TO UNITED STATES.—A re17 cipient in breach of the recipient’s contractual 

18 agreement under subparagraph (A) shall be lia19 ble to the United States for an amount equal 

20 to 3 times the sum of— 

21 (i) the total amount of scholarships 

22 received by the recipient under this section; 

23 plus 

24 (ii) the interest on the amounts of the 

25 awards which would be payable if at the 
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1 time the awards were received they were 

2 loans bearing interest at the maximum 

3 legal prevailing rate, as determined by the 

4 Treasurer of the United States. 

5 (i) CANCELLATION, WAIVER, AND SUSPENSION OF

6 OBLIGATIONS.— 

7 (1) DEATH.—Any obligation of an individual 

8 incurred under the Program (or a contractual agree9 ment thereunder) for service or payment shall be 

10 canceled upon the death of the individual. 

11 (2) IMPOSSIBILITY OR EXTREME HARDSHIP.— 

12 The Administrator shall by regulation provide for 

13 the partial or total waiver or suspension of any obli14 gation of service or payment incurred by an indi15 vidual under the Program (or a contractual agree16 ment thereunder) whenever compliance by the indi17 vidual is impossible or would involve extreme hard18 ship to the individual, or if enforcement of such obli19 gation with respect to the individual would be con20 trary to the best interests of the Government. 

21 (j) APPROPRIATIONS.— 

22 (1) AUTHORIZATION.—There is authorized to 

23 be appropriated to the Administration for the Pro24 gram $10,000,000 for each fiscal year. 
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1 (2) AVAILABILITY.—Amounts appropriated 

2 under this section shall remain available for 2 fiscal 

3 years. 

4 (k) TEMPORARY INTERNSHIPS.—The Administrator 

5 may provide temporary internships to full-time students 

6 enrolled in an undergraduate or post-graduate program 

7 leading to an advanced degree in an aerospace-related or 

8 aviation safety-related field of endeavor. 

9 SUBCHAPTER VIII—SAFETY 

10 § 581. Drug and alcohol testing 

11 (a) FINDINGS.—Congress finds that— 

12 (1) alcohol abuse and illegal drug use pose sig13 nificant dangers to the safety and welfare of the Na14 tion; 

15 (2) the success of the United States civil space 

16 program is contingent upon the safe and successful 

17 development and deployment of the many varied 

18 components of that program; 

19 (3) the greatest efforts must be expended to 

20 eliminate the abuse of alcohol and use of illegal 

21 drugs, whether on duty or off duty, by those individ22 uals who are involved in the positions affecting safe23 ty, security, and national security; 

24 (4) the use of alcohol and illegal drugs has been 

25 demonstrated to adversely affect the performance of 
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1 individuals, and has been proven to have been a crit2 ical factor in accidents in the workplace; 

3 (5) the testing of uniformed personnel of the 

4 Armed Forces has shown that the most effective de5 terrent to abuse of alcohol and use of illegal drugs 

6 is increased testing, including random testing; 

7 (6) adequate safeguards can be implemented to 

8 ensure that testing for abuse of alcohol or use of ille9 gal drugs is performed in a manner that protects an 

10 individual’s right of privacy, ensures that no indi11 vidual is harassed by being treated differently from 

12 other individuals, and ensures that no individual’s 

13 reputation or career development is unduly threat14 ened or harmed; and 

15 (7) rehabilitation is a critical component of any 

16 testing program for abuse of alcohol or use of illegal 

17 drugs, and should be made available to individuals, 

18 as appropriate. 

19 (b) DEFINITION OF CONTROLLED SUBSTANCE.—In 

20 this section, the term ‘‘controlled substance’’ means any 

21 substance under section 102(6) of the Controlled Sub22 stances Act (21 U.S.C. 802(6)) specified by the Adminis23 trator. 

24 (c) TESTING PROGRAM.— 
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1 (1) EMPLOYEES OF ADMINISTRATION.—The 

2 Administrator shall establish a program applicable 

3 to employees of the Administration whose duties in4 clude responsibility for safety-sensitive, security, or 

5 national security functions. Such program shall pro6 vide for preemployment, reasonable suspicion, ran7 dom, and post-accident testing for use, in violation 

8 of applicable law or Federal regulation, of alcohol or 

9 a controlled substance. The Administrator may also 

10 prescribe regulations, as the Administrator considers 

11 appropriate in the interest of safety, security, and 

12 national security, for the conduct of periodic recur13 ring testing of such employees for such use in viola14 tion of applicable law or Federal regulation. 

15 (2) EMPLOYEES OF CONTRACTORS.—The Ad16 ministrator shall, in the interest of safety, security, 

17 and national security, prescribe regulations. Such 

18 regulations shall establish a program that requires 

19 Administration contractors to conduct preemploy20 ment, reasonable suspicion, random, and post-acci21 dent testing of contractor employees responsible for 

22 safety-sensitive, security, or national security func23 tions (as determined by the Administrator) for use, 

24 in violation of applicable law or Federal regulation, 

25 of alcohol or a controlled substance. The Adminis-
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1 trator may also prescribe regulations, as the Admin2 istrator considers appropriate in the interest of safe3 ty, security, and national security, for the conduct of 

4 periodic recurring testing of such employees for such 

5 use in violation of applicable law or Federal regula6 tion. 

7 (3) SUSPENSION, DISQUALIFICATION, OR DIS8 MISSAL.—In prescribing regulations under the pro9 grams required by this subsection, the Administrator 

10 shall require, as the Administrator considers appro11 priate, the suspension, disqualification, or dismissal 

12 of any employee to which paragraph (1) or (2) ap13 plies, in accordance with the provisions of this sec14 tion, in any instance where a test conducted and 

15 confirmed under this section indicates that such em16 ployee has used, in violation of applicable law or 

17 Federal regulation, alcohol or a controlled substance. 

18 (d) PROHIBITION ON SERVICE.— 

19 (1) PROHIBITION UNLESS PROGRAM OF REHA20 BILITATION COMPLETED.—No individual who is de21 termined by the Administrator under this section to 

22 have used, in violation of applicable law or Federal 

23 regulation, alcohol or a controlled substance after 

24 December 9, 1991, shall serve as an Administration 

25 employee with responsibility for safety-sensitive, se-
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1 curity, or national security functions (as determined 

2 by the Administrator), or as an Administration con3 tractor employee with such responsibility, unless 

4 such individual has completed a program of rehabili5 tation described in subsection (e). 

6 (2) UNCONDITIONAL PROHIBITION.—Any such 

7 individual determined by the Administrator under 

8 this section to have used, in violation of applicable 

9 law or Federal regulation, alcohol or a controlled 

10 substance after December 9, 1991, shall not be per11 mitted to perform the duties that the individual per12 formed prior to the date of the determination, if the 

13 individual— 

14 (A) engaged in such use while on duty; 

15 (B) prior to such use had undertaken or 

16 completed a rehabilitation program described in 

17 subsection (e); 

18 (C) following such determination refuses to 

19 undertake such a rehabilitation program; or 

20 (D) following such determination fails to 

21 complete such a rehabilitation program. 

22 (e) PROGRAM FOR REHABILITATION.— 

23 (1) REGULATIONS AND AVAILABILITY OF PRO24 GRAM FOR CONTRACTOR EMPLOYEES.—The Admin25 istrator shall prescribe regulations setting forth re-
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1 quirements for rehabilitation programs which at a 

2 minimum provide for the identification and oppor3 tunity for treatment of employees referred to in sub4 section (c) in need of assistance in resolving prob5 lems with the use, in violation of applicable law or 

6 Federal regulation, of alcohol or a controlled sub7 stance. Each contractor is encouraged to make such 

8 a program available to all of its employees in addi9 tion to those employees referred to in subsection 

10 (c)(2). The Administrator shall determine the cir11 cumstances under which such employees shall be re12 quired to participate in such a program. Nothing in 

13 this subsection shall preclude any Administration 

14 contractor from establishing a program under this 

15 subsection in cooperation with any other such con16 tractor. 

17 (2) ESTABLISHMENT AND MAINTENANCE OF

18 PROGRAM FOR ADMINISTRATION EMPLOYEES.—The 

19 Administrator shall establish and maintain a reha20 bilitation program which at a minimum provides for 

21 the identification and opportunity for treatment of 

22 those employees of the Administration whose duties 

23 include responsibility for safety-sensitive, security, or 

24 national security functions who are in need of assist-
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1 ance in resolving problems with the use of alcohol or 

2 controlled substances. 

3 (f) PROCEDURES FOR TESTING.—In establishing the 

4 programs required under subsection (c), the Administrator 

5 shall develop requirements which shall— 

6 (1) promote, to the maximum extent prac7 ticable, individual privacy in the collection of speci8 men samples; 

9 (2) with respect to laboratories and testing pro10 cedures for controlled substances, incorporate the 

11 Department of Health and Human Services sci12 entific and technical guidelines dated April 11, 

13 1988, and any subsequent amendments thereto, in14 cluding mandatory guidelines which— 

15 (A) establish comprehensive standards for 

16 all aspects of laboratory controlled substances 

17 testing and laboratory procedures to be applied 

18 in carrying out this section, including standards 

19 which require the use of the best available tech20 nology for ensuring the full reliability and accu21 racy of controlled substances tests and strict 

22 procedures governing the chain of custody of 

23 specimen samples collected for controlled sub24 stances testing; 
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1 (B) establish the minimum list of con2 trolled substances for which individuals may be 

3 tested; and 

4 (C) establish appropriate standards and 

5 procedures for periodic review of laboratories 

6 and criteria for certification and revocation of 

7 certification of laboratories to perform con8 trolled substances testing in carrying out this 

9 section; 

10 (3) require that all laboratories involved in the 

11 controlled substances testing of any individual under 

12 this section shall have the capability and facility, at 

13 such laboratory, of performing screening and con14 firmation tests; 

15 (4) provide that all tests which indicate the use, 

16 in violation of applicable law or Federal regulation, 

17 of alcohol or a controlled substance by any individual 

18 shall be confirmed by a scientifically recognized 

19 method of testing capable of providing quantitative 

20 data regarding alcohol or a controlled substance; 

21 (5) provide that each specimen sample be sub22 divided, secured, and labelled in the presence of the 

23 tested individual and that a portion thereof be re24 tained in a secure manner to prevent the possibility 

25 of tampering, so that in the event the individual’s 
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1 confirmation test results are positive the individual 

2 has an opportunity to have the retained portion as3 sayed by a confirmation test done independently at 

4 a second certified laboratory if the individual re5 quests the independent test within 3 days after 

6 being advised of the results of the initial confirma7 tion test; 

8 (6) ensure appropriate safeguards for testing to 

9 detect and quantify alcohol in breath and body fluid 

10 samples, including urine and blood, through the de11 velopment of regulations as may be necessary and in 

12 consultation with the Department of Health and 

13 Human Services; 

14 (7) provide for the confidentiality of test results 

15 and medical information of employees; and 

16 (8) ensure that employees are selected for tests 

17 by nondiscriminatory and impartial methods, so that 

18 no employee is harassed by being treated differently 

19 from other employees in similar circumstances. 

20 (g) EFFECT ON OTHER LAWS AND REGULATIONS.— 

21 (1) CONSISTENCY WITH FEDERAL REGULA22 TION.—No State or local government shall adopt or 

23 have in effect any law, rule, regulation, ordinance, 

24 standard, or order that is inconsistent with the regu25 lations promulgated under this section. 
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1 (2) CONTINUANCE OF REGULATIONS ISSUED

2 BEFORE DECEMBER 9, 1991.—Nothing in this section 

3 shall be construed to restrict the discretion of the 

4 Administrator to continue in force, amend, or fur5 ther supplement any regulations issued before De6 cember 9, 1991, that govern the use of alcohol and 

7 controlled substances by Administration employees 

8 with responsibility for safety-sensitive, security, and 

9 national security functions (as determined by the 

10 Administrator), or by Administration contractor em11 ployees with such responsibility. 

12 § 582. Aerospace Safety Advisory Panel 

13 (a) ESTABLISHMENT AND MEMBERS.—There is es14 tablished an Aerospace Safety Advisory Panel consisting 

15 of a maximum of 9 members who shall be appointed by 

16 the Administrator for terms of 6 years each. Not more 

17 than 4 such members shall be chosen from among the offi18 cers and employees of the Administration. 

19 (b) CHAIRMAN.—One member shall be designated by 

20 the Panel as its Chairman. 

21 (c) DUTIES.—The Panel shall— 

22 (1) review safety studies and operations plans 

23 referred to it and make reports thereon; 

24 (2) advise the Administrator with respect to the 

25 hazards of proposed or existing facilities and pro-
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1 posed operations and with respect to the adequacy of 

2 proposed or existing safety standards; and 

3 (3) perform such other duties as the Adminis4 trator may request. 

5 (d) COMPENSATION AND EXPENSES.— 

6 (1) COMPENSATION.— 

7 (A) FEDERAL OFFICERS AND EMPLOY8 EES.—A member of the Panel who is an officer 

9 or employee of the Federal Government shall 

10 receive no compensation for the member’s serv11 ices as such. 

12 (B) MEMBERS APPOINTED FROM OUTSIDE

13 THE FEDERAL GOVERNMENT.—A member of 

14 the Panel appointed from outside the Federal 

15 Government shall receive compensation, at a 

16 rate not to exceed the per diem rate equivalent 

17 to the maximum rate payable under section 

18 5376 of title 5, for each day the member is en19 gaged in the actual performance of duties vest20 ed in the Panel. 

21 (2) EXPENSES.—A member of the Panel shall 

22 be allowed necessary travel expenses (or in the alter23 native, mileage for use of a privately owned vehicle 

24 and a per diem in lieu of subsistence not to exceed 

25 the rate and amount prescribed in sections 5702 and 
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1 5704 of title 5), and other necessary expenses in2 curred by the member in the performance of duties 

3 vested in the Panel, without regard to the provisions 

4 of subchapter I of chapter 57 of title 5, the Stand5 ardized Government Travel Regulations, or section 

6 5731 of title 5. 

7 SUBCHAPTER IX—COMPETITIVENESS AND 

8 INTERNATIONAL COOPERATION 

9 § 591. Competitiveness and international cooperation 

10 (a) LIMITATION.— 

11 (1) SOLICITATION OF COMMENT.—As part of 

12 the evaluation of the costs and benefits of entering 

13 into an obligation to conduct a space mission in 

14 which a foreign entity will participate as a supplier 

15 of the spacecraft, spacecraft system, or launch sys16 tem, the Administrator shall solicit comment on the 

17 potential impact of such participation through notice 

18 published in Commerce Business Daily at least 45 

19 days before entering into such an obligation. 

20 (2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF

21 CHINA.—The Administrator shall certify to Congress 

22 at least 15 days in advance of any cooperative agree23 ment with the People’s Republic of China, or any 

24 company owned by the People’s Republic of China or 

25 incorporated under the laws of the People’s Republic 
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1 of China, involving spacecraft, spacecraft systems, 

2 launch systems, or scientific or technical informa3 tion, that— 

4 (A) the agreement is not detrimental to 

5 the United States space launch industry; and 

6 (B) the agreement, including any indirect 

7 technical benefit that could be derived from the 

8 agreement, will not improve the missile or space 

9 launch capabilities of the People’s Republic of 

10 China. 

11 (3) ANNUAL AUDIT.—The Inspector General of 

12 the Administration, in consultation with appropriate 

13 agencies, shall conduct an annual audit of the poli14 cies and procedures of the Administration with re15 spect to the export of technologies and the transfer 

16 of scientific and technical information, to assess the 

17 extent to which the Administration is carrying out 

18 its activities in compliance with Federal export con19 trol laws and with paragraph (2). 

20 (b) NATIONAL INTERESTS.—Before entering into an 

21 obligation described in subsection (a), the Administrator 

22 shall consider the national interests of the United States 

23 described in section 2(6) of the National Aeronautics and 

24 Space Administration Authorization Act of 2000 (Public 

25 Law 106–391, 114 Stat. 1578). 
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1 CHAPTER 7—NATIONAL SPACE GRANT 

2 COLLEGE AND FELLOWSHIP PROGRAM 

Sec. 

701. Congressional statement of findings. 

702. Congressional statement of purposes. 

703. Definitions. 

704. National space grant college and fellowship program. 

705. Grants or contracts. 

706. Specific national needs. 

707. Space grant college and space grant regional consortium. 

708. Space grant fellowship program. 

709. Space grant review panel. 

710. Availability of other Federal personnel and data. 

711. Designation or award to be on competitive basis. 

3 § 701. Congressional statement of findings 

4 Congress finds that— 

5 (1) the vitality of the Nation and the quality of 

6 life of the citizens of the Nation depend increasingly 

7 on the understanding, assessment, development, and 

8 utilization of space resources; 

9 (2) research and development of space science, 

10 space technology, and space commercialization will 

11 contribute to the quality of life, national security, 

12 and the enhancement of commerce; 

13 (3) the understanding and development of the 

14 space frontiers require a broad commitment and an 

15 intense involvement on the part of the Federal Gov16 ernment in partnership with State and local govern17 ments, private industry, universities, organizations, 

18 and individuals concerned with the exploration and 

19 utilization of space; 
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1 (4) the Administration, through the national 

2 space grant college and fellowship program, offers 

3 the most suitable means for such commitment and 

4 involvement through the promotion of activities that 

5 will result in greater understanding, assessment, de6 velopment, and utilization; and 

7 (5) Federal support of the establishment, devel8 opment, and operation of programs and projects by 

9 space grant colleges, space grant regional consortia, 

10 institutions of higher education, institutes, labora11 tories, and other appropriate public and private enti12 ties is the most cost-effective way to promote such 

13 activities. 

14 § 702. Congressional statement of purposes 

15 The purposes of this chapter are to— 

16 (1) increase the understanding, assessment, de17 velopment, and utilization of space resources by pro18 moting a strong educational base, responsive re19 search and training activities, and broad and prompt 

20 dissemination of knowledge and techniques; 

21 (2) utilize the abilities and talents of the uni22 versities of the Nation to support and contribute to 

23 the exploration and development of the resources 

24 and opportunities afforded by the space environ25 ment; 
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1 (3) encourage and support, within the univer2 sity community of the Nation, the existence of inter3 disciplinary and multidisciplinary programs of space 

4 research that— 

5 (A) engage in integrated activities of train6 ing, research, and public service; 

7 (B) have cooperative programs with indus8 try; and 

9 (C) are coordinated with the overall pro10 gram of the Administration; 

11 (4) encourage and support the existence of con12 sortia, made up of university and industry members, 

13 in order to advance the exploration and development 

14 of space resources in cases in which national objec15 tives can be better fulfilled through such consortia 

16 than through the programs of single universities; 

17 (5) encourage and support Federal funding for 

18 graduate fellowships in fields related to space; and 

19 (6) support activities in colleges and universities 

20 generally for the purpose of creating and operating 

21 a network of institutional programs that will en22 hance achievements resulting from efforts under this 

23 chapter. 

24 § 703. Definitions 

25 In this chapter: 
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1 (1) AERONAUTICAL AND SPACE ACTIVITIES.— 

2 The term ‘‘aeronautical and space activities’’ has the 

3 meaning given the term in section 303 of this title. 

4 (2) FIELD RELATED TO SPACE.—The term 

5 ‘‘field related to space’’ means any academic dis6 cipline or field of study (including the physical, nat7 ural, and biological sciences, and engineering, space 

8 technology, education, economics, sociology, commu9 nications, planning, law, international affairs, and 

10 public administration) which is concerned with or 

11 likely to improve the understanding, assessment, de12 velopment, and utilization of space. 

13 (3) PANEL.—The term ‘‘panel’’ means the 

14 space grant review panel established pursuant to 

15 section 709 of this title. 

16 (4) PERSON.—The term ‘‘person’’ means any 

17 individual, any public or private corporation, part18 nership, or other association or entity (including any 

19 space grant college, space grant regional consortium, 

20 institution of higher education, institute, or labora21 tory), or any State, political subdivision of a State, 

22 or agency or officer of a State or political subdivi23 sion of a State. 
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1 (5) SPACE ENVIRONMENT.—The term ‘‘space 

2 environment’’ means the environment beyond the 

3 sensible atmosphere of the Earth. 

4 (6) SPACE GRANT COLLEGE.—The term ‘‘space 

5 grant college’’ means any public or private institu6 tion of higher education which is designated as such 

7 by the Administrator pursuant to section 707 of this 

8 title. 

9 (7) SPACE GRANT PROGRAM.—The term ‘‘space 

10 grant program’’ means any program that— 

11 (A) is administered by any space grant col12 lege, space grant regional consortium, institu13 tion of higher education, institute, laboratory, 

14 or State or local agency; and 

15 (B) includes 2 or more projects involving 

16 education and one or more of the following ac17 tivities in the fields related to space: 

18 (i) Research. 

19 (ii) Training. 

20 (iii) Advisory services. 

21 (8) SPACE GRANT REGIONAL CONSORTIUM.— 

22 The term ‘‘space grant regional consortium’’ means 

23 any association or other alliance that is designated 

24 as a space grant regional consortium by the Admin25 istrator pursuant to section 707 of this title. 
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1 (9) SPACE RESOURCE.—The term ‘‘space re2 source’’ means any tangible or intangible benefit 

3 which can be realized only from— 

4 (A) aeronautical and space activities; or 

5 (B) advancements in any field related to 

6 space. 

7 (10) STATE.—The term ‘‘State’’ means any 

8 State of the United States, the District of Columbia, 

9 the Commonwealth of Puerto Rico, the Virgin Is10 lands, Guam, American Samoa, the Commonwealth 

11 of the Northern Mariana Islands, or any other terri12 tory or possession of the United States. 

13 § 704. National space grant college and fellowship 

14 program 

15 (a) ESTABLISHMENT.—The Administrator shall es16 tablish and maintain, within the Administration, a pro17 gram to be known as the national space grant college and 

18 fellowship program. The national space grant college and 

19 fellowship program shall consist of the financial assistance 

20 and other activities provided for in this chapter. The Ad21 ministrator shall establish long-range planning guidelines 

22 and priorities, and adequately evaluate the program. 

23 (b) FUNCTIONS.—Within the Administration, the 

24 program shall— 
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1 (1) apply the long-range planning guidelines 

2 and the priorities established by the Administrator 

3 under subsection (a); 

4 (2) advise the Administrator with respect to the 

5 expertise and capabilities which are available 

6 through the national space grant college and fellow7 ship program, and make such expertise available to 

8 the Administration as directed by the Administrator; 

9 (3) evaluate activities conducted under grants 

10 and contracts awarded pursuant to sections 705 and 

11 706 of this title to ensure that the purposes set 

12 forth in section 702 of this title are implemented; 

13 (4) encourage other Federal departments, agen14 cies, and instrumentalities to use and take advan15 tage of the expertise and capabilities which are avail16 able through the national space grant college and 

17 fellowship program, on a cooperative or other basis; 

18 (5) encourage cooperation and coordination 

19 with other Federal programs concerned with the de20 velopment of space resources and fields related to 

21 space; 

22 (6) advise the Administrator on the designation 

23 of recipients supported by the national space grant 

24 college and fellowship program and, in appropriate 
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1 cases, on the termination or suspension of any such 

2 designation; and 

3 (7) encourage the formation and growth of 

4 space grant and fellowship programs. 

5 (c) GENERAL AUTHORITIES.—To carry out the provi6 sions of this chapter, the Administrator may— 

7 (1) accept conditional or unconditional gifts or 

8 donations of services, money, or property, real, per9 sonal or mixed, tangible or intangible; 

10 (2) accept and use funds from other Federal 

11 departments, agencies, and instrumentalities to pay 

12 for fellowships, grants, contracts, and other trans13 actions; and 

14 (3) issue such rules and regulations as may be 

15 necessary and appropriate. 

16 § 705. Grants or contracts 

17 (a) AUTHORITY OF ADMINISTRATOR.—The Adminis18 trator may make grants and enter into contracts or other 

19 transactions under this subsection to assist any space 

20 grant and fellowship program or project if the Adminis21 trator finds that the program or project will carry out the 

22 purposes set forth in section 702 of this title. The total 

23 amount paid pursuant to a grant or contract may equal 

24 not more than 66 percent of the total cost of the space 

25 grant and fellowship program or project involved, except 
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1 in the case of grants or contracts paid for with funds ac2 cepted by the Administrator pursuant to section 704(c)(2) 

3 of this title. 

4 (b) SPECIAL GRANTS.—The Administrator may make 

5 special grants under this subsection to carry out the pur6 poses set forth in section 702 of this title. The amount 

7 of a special grant may equal up to 100 percent of the total 

8 cost of the project involved. A special grant may be made 

9 under this subsection only if the Administrator finds 

10 that— 

11 (1) no reasonable means is available through 

12 which the applicant can meet the matching require13 ment for a grant under subsection (a); 

14 (2) the probable benefit of the project out15 weighs the public interest in the matching require16 ment; and 

17 (3) the same or equivalent benefit cannot be ob18 tained through the award of a contract or grant 

19 under subsection (a) or section 706 of this title. 

20 (c) APPLICATION.—Any person may apply to the Ad21 ministrator for a grant or contract under this section. Ap22 plication shall be made in such form and manner, and with 

23 such content and other submissions, as the Administrator 

24 shall by regulation prescribe. 

25 (d) TERMS AND CONDITIONS.— 
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1 (1) IN GENERAL.—Any grant made, or contract 

2 entered into, under this section shall be subject to 

3 the limitations and provisions set forth in para4 graphs (2) and (3) and to such other terms, condi5 tions, and requirements as the Administrator con6 siders necessary or appropriate. 

7 (2) LIMITATIONS.—No payment under any 

8 grant or contract under this section may be applied 

9 to— 

10 (A) the purchase of any land; 

11 (B) the purchase, construction, preserva12 tion, or repair of any building; or 

13 (C) the purchase or construction of any 

14 launch facility or launch vehicle. 

15 (3) LEASES.—Notwithstanding paragraph (2), 

16 the items in subparagraphs (A), (B), and (C) of 

17 such paragraph may be leased upon written approval 

18 of the Administrator. 

19 (4) RECORDS.—Any person that receives or uti20 lizes any proceeds of any grant or contract under 

21 this section shall keep such records as the Adminis22 trator shall by regulation prescribe as being nec23 essary and appropriate to facilitate effective audit 

24 and evaluation, including records which fully disclose 

25 the amount and disposition by such recipient of such 
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1 proceeds, the total cost of the program or project in 

2 connection with which such proceeds were used, and 

3 the amount, if any, of such cost which was provided 

4 through other sources. Such records shall be main5 tained for 3 years after the completion of such a 

6 program or project. The Administrator and the 

7 Comptroller General of the United States, or any of 

8 their duly authorized representatives, shall have ac9 cess, for the purpose of audit and evaluation, to any 

10 books, documents, papers, and records of receipts 

11 which, in the opinion of the Administrator or the 

12 Comptroller General, may be related or pertinent to 

13 such grants and contracts. 

14 § 706. Specific national needs 

15 (a) IDENTIFICATION OF SPECIFIC NEEDS AND

16 GRANT-MAKING AND CONTRACTING AUTHORITY.—The 

17 Administrator shall identify specific national needs and 

18 problems relating to space. The Administrator may make 

19 grants or enter into contracts under this section with re20 spect to such needs or problems. The amount of any such 

21 grant or contract may equal up to 100 percent of the total 

22 cost of the project involved. 

23 (b) APPLICATIONS FOR GRANTS OR CONTRACTS.— 

24 Any person may apply to the Administrator for a grant 

25 or contract under this section. In addition, the Adminis-
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1 trator may invite applications with respect to specific na2 tional needs or problems identified under subsection (a). 

3 Application shall be made in such form and manner, and 

4 with such content and other submissions, as the Adminis5 trator shall by regulation prescribe. Any grant made, or 

6 contract entered into, under this section shall be subject 

7 to the limitations and provisions set forth in paragraphs 

8 (2) and (4) of section 705(d) of this title and to such other 

9 terms, conditions, and requirements as the Administrator 

10 considers necessary or appropriate. 

11 § 707. Space grant college and space grant regional 

12 consortium 

13 (a) DESIGNATION AND QUALIFICATIONS.— 

14 (1) AUTHORITY TO DESIGNATE.—The Adminis15 trator may designate— 

16 (A) any institution of higher education as 

17 a space grant college; and 

18 (B) any association or other alliance of 2 

19 or more persons, other than individuals, as a 

20 space grant regional consortium. 

21 (2) SPACE GRANT COLLEGE REQUIREMENTS.— 

22 No institution of higher education may be des23 ignated as a space grant college unless the Adminis24 trator finds that such institution— 
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1 (A) is maintaining a balanced program of 

2 research, education, training, and advisory serv3 ices in fields related to space; 

4 (B) will act in accordance with such guide5 lines as are prescribed under subsection (b)(2); 

6 and 

7 (C) meets such other qualifications as the 

8 Administrator considers necessary or appro9 priate. 

10 (3) SPACE GRANT REGIONAL CONSORTIUM RE11 QUIREMENTS.—No association or other alliance of 2 

12 or more persons may be designated as a space grant 

13 regional consortium unless the Administrator finds 

14 that such association or alliance— 

15 (A) is established for the purpose of shar16 ing expertise, research, educational facilities or 

17 training facilities, and other capabilities in 

18 order to facilitate research, education, training, 

19 and advisory services in any field related to 

20 space; 

21 (B) will encourage and follow a regional 

22 approach to solving problems or meeting needs 

23 relating to space, in cooperation with appro24 priate space grant colleges, space grant pro25 grams, and other persons in the region; 
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1 (C) will act in accordance with such guide2 lines as are prescribed under subsection (b)(2); 

3 and 

4 (D) meets such other qualifications as the 

5 Administrator considers necessary or appro6 priate. 

7 (b) QUALIFICATIONS AND GUIDELINES.—The Ad8 ministrator shall by regulation prescribe— 

9 (1) the qualifications required to be met under 

10 paragraphs (2)(C) and (3)(D) of subsection (a); and 

11 (2) guidelines relating to the activities and re12 sponsibilities of space grant colleges and space grant 

13 regional consortia. 

14 (c) SUSPENSION OR TERMINATION OF DESIGNA15 TION.—The Administrator may, for cause and after an op16 portunity for hearing, suspend or terminate any designa17 tion under subsection (a). 

18 § 708. Space grant fellowship program 

19 (a) AWARD OF FELLOWSHIPS.—The Administrator 

20 shall support a space grant fellowship program to provide 

21 educational and training assistance to qualified individuals 

22 at the graduate level of education in fields related to 

23 space. Such fellowships shall be awarded pursuant to 

24 guidelines established by the Administrator. Space grant 

25 fellowships shall be awarded to individuals at space grant 
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1 colleges, space grant regional consortia, other colleges and 

2 institutions of higher education, professional associations, 

3 and institutes in such a manner as to ensure wide geo4 graphic and institutional diversity in the pursuit of re5 search under the fellowship program. 

6 (b) LIMITATION ON AMOUNT PROVIDED.—The total 

7 amount which may be provided for grants under the space 

8 grant fellowship program during any fiscal year shall not 

9 exceed an amount equal to 50 percent of the total funds 

10 appropriated for such year pursuant to this chapter. 

11 (c) AUTHORITY TO SPONSOR OTHER RESEARCH

12 FELLOWSHIP PROGRAMS UNAFFECTED.—Nothing in this 

13 section shall be construed to prohibit the Administrator 

14 from sponsoring any research fellowship program, includ15 ing any special emphasis program, which is established 

16 under an authority other than this chapter. 

17 § 709. Space grant review panel 

18 (a) ESTABLISHMENT.—The Administrator shall es19 tablish an independent committee known as the space 

20 grant review panel, which shall not be subject to the provi21 sions of the Federal Advisory Committee Act (5 U.S.C. 

22 App.). 

23 (b) DUTIES.—The panel shall take such steps as may 

24 be necessary to review, and shall advise the Administrator 

25 with respect to— 
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1 (1) applications or proposals for, and perform2 ance under, grants and contracts awarded pursuant 

3 to sections 705 and 706 of this title; 

4 (2) the space grant fellowship program; 

5 (3) the designation and operation of space 

6 grant colleges and space grant regional consortia, 

7 and the operation of space grant and fellowship pro8 grams; 

9 (4) the formulation and application of the plan10 ning guidelines and priorities pursuant to sub11 sections (a) and (b)(1) of section 704 of this title; 

12 and 

13 (5) such other matters as the Administrator re14 fers to the panel for review and advice. 

15 (c) PERSONNEL AND ADMINISTRATIVE SERVICES.— 

16 The Administrator shall make available to the panel any 

17 information, personnel, and administrative services and 

18 assistance which is reasonable to carry out the duties of 

19 the panel. 

20 (d) MEMBERS.— 

21 (1) APPOINTMENT.—The Administrator shall 

22 appoint the voting members of the panel. A majority 

23 of the voting members shall be individuals who, by 

24 reason of knowledge, experience, or training, are es25 pecially qualified in one or more of the disciplines 
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1 and fields related to space. The other voting mem2 bers shall be individuals who, by reason of knowl3 edge, experience, or training, are especially qualified 

4 in, or representative of, education, extension serv5 ices, State government, industry, economics, plan6 ning, or any other activity related to efforts to en7 hance the understanding, assessment, development, 

8 or utilization of space resources. The Administrator 

9 shall consider the potential conflict of interest of any 

10 individual in making appointments to the panel. 

11 (2) CHAIRMAN AND VICE CHAIRMAN.—The Ad12 ministrator shall select one voting member to serve 

13 as the Chairman and another voting member to 

14 serve as the Vice Chairman. The Vice Chairman 

15 shall act as Chairman in the absence or incapacity 

16 of the Chairman. 

17 (3) REIMBURSEMENT FOR EXPENSES.—Voting 

18 members of the panel who are not Federal employ19 ees shall be reimbursed for actual and reasonable ex20 penses incurred in the performance of such duties. 

21 (4) MEETINGS.—The panel shall meet on a bi22 annual basis and, at any other time, at the call of 

23 the Chairman or upon the request of a majority of 

24 the voting members or of the Administrator. 
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1 (5) POWERS.—The panel may exercise such 

2 powers as are reasonably necessary in order to carry 

3 out the duties enumerated in subsection (b). 

4 § 710. Availability of other Federal personnel and 

5 data 

6 Each department, agency, or other instrumentality of 

7 the Federal Government that is engaged in or concerned 

8 with, or that has authority over, matters relating to 

9 space— 

10 (1) may, upon a written request from the Ad11 ministrator, make available, on a reimbursable basis 

12 or otherwise, any personnel (with their consent and 

13 without prejudice to their position and rating), serv14 ice, or facility which the Administrator considers 

15 necessary to carry out any provision of this chapter; 

16 (2) may, upon a written request from the Ad17 ministrator, furnish any available data or other in18 formation which the Administrator considers nec19 essary to carry out any provision of this chapter; 

20 and 

21 (3) may cooperate with the Administration. 

22 § 711. Designation or award to be on competitive 

23 basis 

24 The Administrator shall not under this chapter des25 ignate any space grant college or space grant regional con-
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1 sortium or award any fellowship, grant, or contract unless 

2 such designation or award is made in accordance with the 

3 competitive, merit-based review process employed by the 

4 Administration on October 30, 1987. 

5 CHAPTER 9—BIOMEDICAL RESEARCH IN 

6 SPACE 

Sec. 

901. Findings. 

902. Biomedical research joint working group. 

903. Biomedical research grants. 

904. Biomedical research fellowships. 

905. Establishment of electronic data archive. 

906. Establishment of emergency medical service telemedicine capability. 

7 § 901. Findings 

8 Congress finds that— 

9 (1) the space program can make significant 

10 contributions to selected areas of health-related re11 search and should be an integral part of the Na12 tion’s health research and development program; 

13 (2) the continuing development of trained sci14 entists and engineers is essential to carrying out an 

15 effective and sustained program of biomedical re16 search in space and on the ground; 

17 (3) the establishment and maintenance of an 

18 electronically accessible archive of data on space-re19 lated biomedical research is essential to advancement 

20 of the field; 

21 (4) cooperation with the republics of the former 

22 Soviet Union, including use of former Soviet orbital 
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1 facilities, offers the potential for greatly enhanced 

2 biomedical research activities and progress; and 

3 (5) the establishment and maintenance of an 

4 international telemedicine consultation satellite capa5 bility to support emergency medical service provision 

6 can provide an important aid to disaster relief ef7 forts. 

8 § 902. Biomedical research joint working group 

9 (a) ESTABLISHMENT.—The Administrator and the 

10 Director of the National Institutes of Health shall jointly 

11 establish a working group to coordinate biomedical re12 search activities in areas where a microgravity environ13 ment may contribute to significant progress in the under14 standing and treatment of diseases and other medical con15 ditions. The joint working group shall formulate joint and 

16 complementary programs in such areas of research. 

17 (b) MEMBERSHIP.—The joint working group shall in18 clude equal representation from the Administration and 

19 the National Institutes of Health, and shall include rep20 resentation from National Institutes of Health councils, 

21 as selected by the Director of the National Institutes of 

22 Health, and from the National Aeronautics and Space Ad23 ministration Advisory Council. 

24 (c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.— 

25 The joint working group shall organize annual symposia 
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1 on biomedical research described in subsection (a) under 

2 the joint sponsorship of the Administration and the Na3 tional Institutes of Health. 

4 (d) ANNUAL REPORTING REQUIREMENT.—The joint 

5 working group shall report annually to Congress on its 

6 progress in carrying out this section. 

7 § 903. Biomedical research grants 

8 (a) ESTABLISHMENT OF PROGRAM.—The Adminis9 trator and the Director of the National Institutes of 

10 Health shall establish a joint program of biomedical re11 search grants in areas described in section 902(a) of this 

12 title, where such research requires access to a microgravity 

13 environment. Such program shall be consistent with ac14 tions taken by the joint working group under section 902 

15 of this title. 

16 (b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.— 

17 The grants program established under subsection (a) shall 

18 annually issue joint research opportunity announcements 

19 under the sponsorship of the National Institutes of Health 

20 and the Administration. Responses to the announcements 

21 shall be evaluated by a peer review committee whose mem22 bers shall be selected by the Director of the National Insti23 tutes of Health and the Administrator, and shall include 

24 individuals not employed by the Administration or the Na25 tional Institutes of Health. 
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1 § 904. Biomedical research fellowships 

2 The Administrator and the Director of the National 

3 Institutes of Health shall create a joint program of grad4 uate research fellowships in biomedical research described 

5 in section 902(a) of this title. Fellowships under such pro6 gram may provide for participation in approved research 

7 conferences and symposia. 

8 § 905. Establishment of electronic data archive 

9 The Administrator shall create and maintain a na10 tional electronic data archive for biomedical research data 

11 obtained from space-based experiments. 

12 § 906. Establishment of emergency medical service 

13 telemedicine capability 

14 The Administrator, the Director of the Federal 

15 Emergency Management Agency, the Director of the Of16 fice of Foreign Disaster Assistance, and the Surgeon Gen17 eral of the United States shall jointly create and maintain 

18 an international telemedicine satellite consultation capa19 bility to support emergency medical services in disaster20 stricken areas. 

21 CHAPTER 11—LAND REMOTE SENSING 

22 POLICY 

SUBCHAPTER I—FINDINGS AND DEFINITIONS 

Sec. 

1101. Findings. 

1102. Definitions. 

SUBCHAPTER II—LANDSAT 
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1111. Landsat Program Management. 

1112. Procurement of Landsat 7. 

1113. Transfer of Landsat 6 program responsibilities. 

1114. Data policy for Landsat 7. 

SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING 

SPACE SYSTEMS 

1121. General licensing authority. 

1122. Conditions for operation. 

1123. Administrative authority of Secretary. 

1124. Regulatory authority of Secretary. 

1125. Agency activities. 

SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 

DEMONSTRATION 

1131. Continued Federal research and development. 

1132. Availability of federally gathered unenhanced data. 

1133. Technology demonstration program. 

SUBCHAPTER V—GENERAL PROVISIONS 

1141. Nondiscriminatory data availability. 

1142. Archiving of data. 

1143. Nonreproduction. 

1144. Reimbursement for assistance. 

1145. Acquisition of equipment. 

1146. Radio frequency allocation. 

1147. Consultation. 

1148. Enforcement. 

SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF 

WEATHER SATELLITES 

1161. Prohibition. 

1162. Future considerations. 

1 SUBCHAPTER I—FINDINGS AND DEFINITIONS 

2 § 1101. Findings 

3 Congress finds and declares the following: 

4 (1) The continuous collection and utilization of 

5 land remote sensing data from space are of major 

6 benefit in studying and understanding human im7 pacts on the global environment, in managing the 

8 Earth’s natural resources, in carrying out national 

9 security functions, and in planning and conducting 
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1 many other activities of scientific, economic, and so2 cial importance. 

3 (2) The Federal Government’s Landsat system 

4 established the United States as the world leader in 

5 land remote sensing technology. 

6 (3) The national interest of the United States 

7 lies in maintaining international leadership in sat8 ellite land remote sensing and in broadly promoting 

9 the beneficial use of remote sensing data. 

10 (4) The cost of Landsat data has impeded the 

11 use of such data for scientific purposes, such as for 

12 global environmental change research, as well as for 

13 other public sector applications. 

14 (5) Given the importance of the Landsat pro15 gram to the United States, urgent actions, including 

16 expedited procurement procedures, are required to 

17 ensure data continuity. 

18 (6) Full commercialization of the Landsat pro19 gram cannot be achieved within the foreseeable fu20 ture, and thus should not serve as the near-term 

21 goal of national policy on land remote sensing; how22 ever, commercialization of land remote sensing 

23 should remain a long-term goal of United States pol24 icy. 
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1 (7) Despite the success and importance of the 

2 Landsat system, funding and organizational uncer3 tainties over the past several years have placed its 

4 future in doubt and have jeopardized United States 

5 leadership in land remote sensing. 

6 (8) Recognizing the importance of the Landsat 

7 program in helping to meet national and commercial 

8 objectives, the President approved, on February 11, 

9 1992, a National Space Policy Directive which was 

10 developed by the National Space Council and com11 mits the United States to ensuring the continuity of 

12 Landsat coverage into the 21st century. 

13 (9) Because Landsat data are particularly im14 portant for national security purposes and global en15 vironmental change research, management respon16 sibilities for the program should be transferred from 

17 the Department of Commerce to an integrated pro18 gram management involving the Department of De19 fense and the Administration. 

20 (10) Regardless of management responsibilities 

21 for the Landsat program, the Nation’s broad civil22 ian, national security, commercial, and foreign policy 

23 interests in remote sensing will best be served by en24 suring that Landsat remains an unclassified pro-
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1 gram that operates according to the principles of 

2 open skies and nondiscriminatory access. 

3 (11) Technological advances aimed at reducing 

4 the size and weight of satellite systems hold the po5 tential for dramatic reductions in the cost, and sub6 stantial improvements in the capabilities, of future 

7 land remote sensing systems, but such technological 

8 advances have not been demonstrated for land re9 mote sensing and therefore cannot be relied upon as 

10 the sole means of achieving data continuity for the 

11 Landsat program. 

12 (12) A technology demonstration program in13 volving advanced remote sensing technologies could 

14 serve a vital role in determining the design of a fol15 low-on spacecraft to Landsat 7, while also helping to 

16 determine whether such a spacecraft should be fund17 ed by the United States Government, by the private 

18 sector, or by an international consortium. 

19 (13) To maximize the value of the Landsat pro20 gram to the American public, unenhanced Landsat 

21 4 through 6 data should be made available, at a 

22 minimum, to United States Government agencies, to 

23 global environmental change researchers, and to 

24 other researchers that are financially supported by 

25 the United States Government, at the cost of ful-
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1 filling user requests, and unenhanced Landsat 7 

2 data should be made available to all users at the 

3 cost of fulfilling user requests. 

4 (14) To stimulate development of the commer5 cial market for unenhanced data and value-added 

6 services, the United States Government should adopt 

7 a data policy for Landsat 7 which allows competition 

8 within the private sector for distribution of 

9 unenhanced data and value-added services. 

10 (15) Development of the remote sensing market 

11 and the provision of commercial value-added services 

12 based on remote sensing data should remain exclu13 sively the function of the private sector. 

14 (16) It is in the best interest of the United 

15 States to maintain a permanent, comprehensive Gov16 ernment archive of global Landsat and other land 

17 remote sensing data for long-term monitoring and 

18 study of the changing global environment. 

19 § 1102. Definitions 

20 In this chapter: 

21 (1) COST OF FULFILLING USER REQUESTS.— 

22 The term ‘‘cost of fulfilling user requests’’ means 

23 the incremental costs associated with providing prod24 uct generation, reproduction, and distribution of 

25 unenhanced data in response to user requests and 
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1 shall not include any acquisition, amortization, or 

2 depreciation of capital assets originally paid for by 

3 the United States Government or other costs not 

4 specifically attributable to fulfilling user requests. 

5 (2) DATA CONTINUITY.—The term ‘‘data con6 tinuity’’ means the continued acquisition and avail7 ability of unenhanced data which are, from the point 

8 of view of the user— 

9 (A) sufficiently consistent (in terms of ac10 quisition geometry, coverage characteristics, 

11 and spectral characteristics) with previous 

12 Landsat data to allow comparisons for global 

13 and regional change detection and characteriza14 tion; and 

15 (B) compatible with such data and with 

16 methods used to receive and process such data. 

17 (3) DATA PREPROCESSING.—The term ‘‘data 

18 preprocessing’’— 

19 (A) may include— 

20 (i) rectification of system and sensor 

21 distortions in land remote sensing data as 

22 it is received directly from the satellite in 

23 preparation for delivery to a user; 

24 (ii) registration of such data with re25 spect to features of the Earth; and 
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1 (iii) calibration of spectral response 

2 with respect to such data; but 

3 (B) does not include conclusions, manipu4 lations, or calculations derived from such data, 

5 or a combination of such data with other data. 

6 (4) LAND REMOTE SENSING.—The term ‘‘land 

7 remote sensing’’ means the collection of data which 

8 can be processed into imagery of surface features of 

9 the Earth from an unclassified satellite or satellites, 

10 other than an operational United States Government 

11 weather satellite. 

12 (5) LANDSAT PROGRAM MANAGEMENT.—The 

13 term ‘‘Landsat Program Management’’ means the 

14 integrated program management structure— 

15 (A) established by, and responsible to, the 

16 Administrator and the Secretary of Defense 

17 pursuant to section 1111(a) of this title; and 

18 (B) consisting of appropriate officers and 

19 employees of the Administration, the Depart20 ment of Defense, and any other United States 

21 Government agencies the President designates 

22 as responsible for the Landsat program. 

23 (6) LANDSAT SYSTEM.—The term ‘‘Landsat 

24 system’’ means Landsats 1, 2, 3, 4, 5, and 6, and 

25 any follow-on land remote sensing system operated 
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1 and owned by the United States Government, along 

2 with any related ground equipment, systems, and fa3 cilities owned by the United States Government. 

4 (7) LANDSAT 6 CONTRACTOR.—The term 

5 ‘‘Landsat 6 contractor’’ means the private sector en6 tity which was awarded the contract for spacecraft 

7 construction, operations, and data marketing rights 

8 for the Landsat 6 spacecraft. 

9 (8) LANDSAT 7.—The term ‘‘Landsat 7’’ means 

10 the follow-on satellite to Landsat 6. 

11 (9) NATIONAL SATELLITE LAND REMOTE SENS12 ING DATA ARCHIVE.—The term ‘‘National Satellite 

13 Land Remote Sensing Data Archive’’ means the ar14 chive established by the Secretary of the Interior 

15 pursuant to the archival responsibilities defined in 

16 section 1142 of this title. 

17 (10) NONCOMMERCIAL PURPOSES.—The term 

18 ‘‘noncommercial purposes’’ means activities under19 taken by individuals or entities on the condition, 

20 upon receipt of unenhanced data, that— 

21 (A) such data shall not be used in connec22 tion with any bid for a commercial contract, de23 velopment of a commercial product, or any 

24 other non-United States Government activity 
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1 that is expected, or has the potential, to be 

2 profitmaking; 

3 (B) the results of such activities are dis4 closed in a timely and complete fashion in the 

5 open technical literature or other method of 

6 public release, except when such disclosure by 

7 the United States Government or its contrac8 tors would adversely affect the national security 

9 or foreign policy of the United States or violate 

10 a provision of law or regulation; and 

11 (C) such data shall not be distributed in 

12 competition with unenhanced data provided by 

13 the Landsat 6 contractor. 

14 (11) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Commerce. 

16 (12) UNENHANCED DATA.—The term 

17 ‘‘unenhanced data’’ means land remote sensing sig18 nals or imagery products that are unprocessed or 

19 subject only to data preprocessing. 

20 (13) UNITED STATES GOVERNMENT AND ITS

21 AFFILIATED USERS.—The term ‘‘United States Gov22 ernment and its affiliated users’’ means— 

23 (A) United States Government agencies; 
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1 (B) researchers involved with the United 

2 States Global Change Research Program and 

3 its international counterpart programs; and 

4 (C) other researchers and international en5 tities that have signed with the United States 

6 Government a cooperative agreement involving 

7 the use of Landsat data for noncommercial pur8 poses. 

9 SUBCHAPTER II—LANDSAT 

10 § 1111. Landsat Program Management 

11 (a) ESTABLISHMENT.—The Administrator and the 

12 Secretary of Defense shall be responsible for management 

13 of the Landsat program. Such responsibility shall be car14 ried out by establishing an integrated program manage15 ment structure for the Landsat system. 

16 (b) MANAGEMENT PLAN.—The Administrator, the 

17 Secretary of Defense, and any other United States Gov18 ernment official the President designates as responsible 

19 for part of the Landsat program shall establish, through 

20 a management plan, the roles, responsibilities, and fund21 ing expectations for the Landsat program of the appro22 priate United States Government agencies. The manage23 ment plan shall— 

24 (1) specify that the fundamental goal of the 

25 Landsat Program Management is the continuity of 
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1 unenhanced Landsat data through the acquisition 

2 and operation of a Landsat 7 satellite as quickly as 

3 practicable which is, at a minimum, functionally 

4 equivalent to the Landsat 6 satellite, with the addi5 tion of a tracking and data relay satellite commu6 nications capability; 

7 (2) include a baseline funding profile that— 

8 (A) is mutually acceptable to the Adminis9 tration and the Department of Defense for the 

10 period covering the development and operation 

11 of Landsat 7; and 

12 (B) provides for total funding responsi13 bility of the Administration and the Depart14 ment of Defense, respectively, to be approxi15 mately equal to the funding responsibility of the 

16 other as spread across the development and 

17 operational life of Landsat 7; 

18 (3) specify that any improvements over the 

19 Landsat 6 functional equivalent capability for 

20 Landsat 7 will be funded by a specific sponsoring 

21 agency or agencies, in a manner agreed to by the 

22 Landsat Program Management, if the required fund23 ing exceeds the baseline funding profile required by 

24 paragraph (2), and that additional improvements 
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1 will be sought only if the improvements will not jeop2 ardize data continuity; and 

3 (4) provide for a technology demonstration pro4 gram whose objective shall be the demonstration of 

5 advanced land remote sensing technologies that may 

6 potentially yield a system which is less expensive to 

7 build and operate, and more responsive to data 

8 users, than is the current Landsat system. 

9 (c) RESPONSIBILITIES.—The Landsat Program Man10 agement shall be responsible for— 

11 (1) Landsat 7 procurement, launch, and oper12 ations; 

13 (2) ensuring that the operation of the Landsat 

14 system is responsive to the broad interests of the ci15 vilian, national security, commercial, and foreign 

16 users of the Landsat system; 

17 (3) ensuring that all unenhanced Landsat data 

18 remain unclassified and that, except as provided in 

19 subsections (a) and (b) of section 1146 of this title, 

20 no restrictions are placed on the availability of 

21 unenhanced data; 

22 (4) ensuring that land remote sensing data of 

23 high priority locations will be acquired by the 

24 Landsat 7 system as required to meet the needs of 

25 the United States Global Change Research Program, 
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1 as established in the Global Change Research Act of 

2 1990 (15 U.S.C. 2921 et seq.), and to meet the 

3 needs of national security users; 

4 (5) Landsat data responsibilities pursuant to 

5 this chapter; 

6 (6) oversight of Landsat contracts entered into 

7 under section 1112 of this title; 

8 (7) coordination of a technology demonstration 

9 program pursuant to section 1133 of this title; and 

10 (8) ensuring that copies of data acquired by the 

11 Landsat system are provided to the National Sat12 ellite Land Remote Sensing Data Archive. 

13 (d) AUTHORITY TO CONTRACT.—The Landsat Pro14 gram Management may, subject to appropriations and 

15 only under the existing contract authority of the United 

16 States Government agencies that compose the Landsat 

17 Program Management, enter into contracts with the pri18 vate sector for services such as satellite operations and 

19 data preprocessing. 

20 (e) LANDSAT ADVISORY PROCESS.— 

21 (1) ADVICE AND COMMENTS.—The Landsat 

22 Program Management shall seek impartial advice 

23 and comments regarding the status, effectiveness, 

24 and operation of the Landsat system, using existing 

25 advisory committees and other appropriate mecha-
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1 nisms. Such advice shall be sought from individuals 

2 who represent— 

3 (A) a broad range of perspectives on basic 

4 and applied science and operational needs with 

5 respect to land remote sensing data; 

6 (B) the full spectrum of users of Landsat 

7 data, including representatives from United 

8 States Government agencies, State and local 

9 government agencies, academic institutions, 

10 nonprofit organizations, value-added companies, 

11 the agricultural, mineral extraction, and other 

12 user industries, and the public; and 

13 (C) a broad diversity of age groups, sexes, 

14 and races. 

15 (2) REPORTS.—The Landsat Program Manage16 ment shall prepare and submit biennially a report to 

17 Congress which— 

18 (A) reports the public comments received 

19 pursuant to paragraph (1); and 

20 (B) includes— 

21 (i) a response to the public comments 

22 received pursuant to paragraph (1); 

23 (ii) information on the volume of use, 

24 by category, of data from the Landsat sys25 tem; and 
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1 (iii) any recommendations for policy 

2 or programmatic changes to improve the 

3 utility and operation of the Landsat sys4 tem. 

5 § 1112. Procurement of Landsat 7 

6 (a) CONTRACT NEGOTIATIONS.—The Landsat Pro7 gram Management shall, subject to appropriations and 

8 only under the existing contract authority of the United 

9 States Government agencies that compose the Landsat 

10 Program Management, expeditiously contract with a 

11 United States private sector entity for the development 

12 and delivery of Landsat 7. 

13 (b) DEVELOPMENT AND DELIVERY CONSIDER14 ATION.—In negotiating a contract under this section for 

15 the development and delivery of Landsat 7, the Landsat 

16 Program Management shall— 

17 (1) seek, as a fundamental objective, to have 

18 Landsat 7 operational by the expected end of the de19 sign life of Landsat 6; 

20 (2) seek to ensure data continuity by the devel21 opment and delivery of a satellite which is, at a min22 imum, functionally equivalent to the Landsat 6 sat23 ellite; and 

24 (3) seek to incorporate in Landsat 7 any per25 formance improvements required to meet United 
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1 States Government needs that would not jeopardize 

2 data continuity. 

3 (c) NOTIFICATION OF COST AND SCHEDULE

4 CHANGES.—The Landsat Program Management shall 

5 promptly notify Congress of any significant deviations 

6 from the expected cost, delivery date, and launch date of 

7 Landsat 7, that are specified by the Landsat Program 

8 Management upon award of the contract under this sec9 tion. 

10 (d) UNITED STATES PRIVATE SECTOR ENTITIES.— 

11 The Landsat Program Management shall, for purposes of 

12 this chapter, define the term ‘‘United States private sector 

13 entities’’, taking into account the location of operations, 

14 assets, personnel, and other such factors. 

15 § 1113. Transfer of Landsat 6 program responsibil16 ities 

17 The responsibilities of the Secretary with respect to 

18 Landsat 6 shall be transferred to the Landsat Program 

19 Management, as agreed to between the Secretary and the 

20 Landsat Program Management, pursuant to section 1111 

21 of this title. 

22 § 1114. Data policy for Landsat 7 

23 (a) LANDSAT 7 DATA POLICY.—The Landsat Pro24 gram Management, in consultation with other appropriate 
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1 United States Government agencies, shall develop a data 

2 policy for Landsat 7 which should— 

3 (1) ensure that unenhanced data are available 

4 to all users at the cost of fulfilling user requests; 

5 (2) ensure timely and dependable delivery of 

6 unenhanced data to the full spectrum of civilian, na7 tional security, commercial, and foreign users and 

8 the National Satellite Land Remote Sensing Data 

9 Archive; 

10 (3) ensure that the United States retains own11 ership of all unenhanced data generated by Landsat 

12 7; 

13 (4) support the development of the commercial 

14 market for remote sensing data; 

15 (5) ensure that the provision of commercial 

16 value-added services based on remote sensing data 

17 remains exclusively the function of the private sec18 tor; and 

19 (6) to the extent possible, ensure that the data 

20 distribution system for Landsat 7 is compatible with 

21 the Earth Observing System Data and Information 

22 System. 

23 (b) ADDITIONAL DATA POLICY CONSIDERATIONS.— 

24 In addition, the data policy for Landsat 7 may provide 

25 for— 
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1 (1) United States private sector entities to op2 erate ground receiving stations in the United States 

3 for Landsat 7 data; 

4 (2) other means for direct access by private sec5 tor entities to unenhanced data from Landsat 7; and 

6 (3) the United States Government to charge a 

7 per image fee, license fee, or other such fee to enti8 ties operating ground receiving stations or distrib9 uting Landsat 7 data. 

10 SUBCHAPTER III—LICENSING OF PRIVATE 

11 REMOTE SENSING SPACE SYSTEMS 

12 § 1121. General licensing authority 

13 (a) LICENSING AUTHORITY OF SECRETARY.— 

14 (1) IN GENERAL.—In consultation with other 

15 appropriate United States Government agencies, the 

16 Secretary is authorized to license private sector par17 ties to operate private remote sensing space systems 

18 for such period as the Secretary may specify and in 

19 accordance with the provisions of this subchapter. 

20 (2) LIMITATION WITH RESPECT TO SYSTEM

21 USED FOR OTHER PURPOSES.—In the case of a pri22 vate space system that is used for remote sensing 

23 and other purposes, the authority of the Secretary 

24 under this subchapter shall be limited only to the re25 mote sensing operations of such space system. 
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1 (b) COMPLIANCE WITH LAW, REGULATIONS, INTER2 NATIONAL OBLIGATIONS, AND NATIONAL SECURITY.— 

3 (1) IN GENERAL.—No license shall be granted 

4 by the Secretary unless the Secretary determines in 

5 writing that the applicant will comply with the re6 quirements of this chapter, any regulations issued 

7 pursuant to this chapter, and any applicable inter8 national obligations and national security concerns 

9 of the United States. 

10 (2) LIST OF REQUIREMENTS FOR COMPLETE

11 APPLICATION.—The Secretary shall publish in the 

12 Federal Register a complete and specific list of all 

13 information required to comprise a complete applica14 tion for a license under this subchapter. An applica15 tion shall be considered complete when the applicant 

16 has provided all information required by the list 

17 most recently published in the Federal Register be18 fore the date the application was first submitted. 

19 Unless the Secretary has, within 30 days after re20 ceipt of an application, notified the applicant of in21 formation necessary to complete an application, the 

22 Secretary may not deny the application on the basis 

23 of the absence of any such information. 

24 (c) DEADLINE FOR ACTION ON APPLICATION.—The 

25 Secretary shall review any application and make a deter-
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1 mination thereon within 120 days of the receipt of such 

2 application. If final action has not occurred within such 

3 time, the Secretary shall inform the applicant of any pend4 ing issues and of actions required to resolve them. 

5 (d) IMPROPER BASIS FOR DENIAL.—The Secretary 

6 shall not deny such license in order to protect any existing 

7 licensee from competition. 

8 (e) REQUIREMENT TO PROVIDE UNENHANCED

9 DATA.— 

10 (1) DESIGNATION OF DATA.—The Secretary, in 

11 consultation with other appropriate United States 

12 Government agencies and pursuant to paragraph 

13 (2), shall designate in a license issued pursuant to 

14 this subchapter any unenhanced data required to be 

15 provided by the licensee under section 1122(b)(3) of 

16 this title. 

17 (2) PRELIMINARY DETERMINATION.—The Sec18 retary shall make a designation under paragraph (1) 

19 after determining that— 

20 (A) such data are generated by a system 

21 for which all or a substantial part of the devel22 opment, fabrication, launch, or operations costs 

23 have been or will be directly funded by the 

24 United States Government; or 
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1 (B) it is in the interest of the United 

2 States to require such data to be provided by 

3 the licensee consistent with section 1122(b)(3) 

4 of this title, after considering the impact on the 

5 licensee and the importance of promoting wide6 spread access to remote sensing data from 

7 United States and foreign systems. 

8 (3) CONSISTENCY WITH CONTRACT OR OTHER

9 ARRANGEMENT.—A designation made by the Sec10 retary under paragraph (1) shall not be inconsistent 

11 with any contract or other arrangement entered into 

12 between a United States Government agency and the 

13 licensee. 

14 § 1122. Conditions for operation 

15 (a) LICENSE REQUIRED FOR OPERATION.—No per16 son that is subject to the jurisdiction or control of the 

17 United States may, directly or through any subsidiary or 

18 affiliate, operate any private remote sensing space system 

19 without a license pursuant to section 1121 of this title. 

20 (b) LICENSING REQUIREMENTS.—Any license issued 

21 pursuant to this subchapter shall specify that the licensee 

22 shall comply with all of the requirements of this chapter 

23 and shall— 

24 (1) operate the system in such manner as to 

25 preserve the national security of the United States 
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1 and to observe the international obligations of the 

2 United States in accordance with section 1146 of 

3 this title; 

4 (2) make available to the government of any 

5 country (including the United States) unenhanced 

6 data collected by the system concerning the territory 

7 under the jurisdiction of such government as soon as 

8 such data are available and on reasonable terms and 

9 conditions; 

10 (3) make unenhanced data designated by the 

11 Secretary in the license pursuant to section 1121(e) 

12 of this title available in accordance with section 

13 1141 of this title; 

14 (4) upon termination of operations under the li15 cense, make disposition of any satellites in space in 

16 a manner satisfactory to the President; 

17 (5) furnish the Secretary with complete orbit 

18 and data collection characteristics of the system, and 

19 inform the Secretary immediately of any deviation; 

20 and 

21 (6) notify the Secretary of any significant or 

22 substantial agreement the licensee intends to enter 

23 with a foreign nation, entity, or consortium involving 

24 foreign nations or entities. 
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1 (c) ADDITIONAL LICENSING REQUIREMENTS FOR

2 LANDSAT 6 CONTRACTOR.—In addition to the require3 ments of subsection (b), any license issued pursuant to 

4 this subchapter to the Landsat 6 contractor shall specify 

5 that the Landsat 6 contractor shall— 

6 (1) notify the Secretary of any value added ac7 tivities (as defined by the Secretary by regulation) 

8 that will be conducted by the Landsat 6 contractor 

9 or by a subsidiary or affiliate; and 

10 (2) if such activities are to be conducted, pro11 vide the Secretary with a plan for compliance with 

12 section 1141 of this title. 

13 § 1123. Administrative authority of Secretary 

14 (a) FUNCTIONS.—In order to carry out the respon15 sibilities specified in this subchapter, the Secretary may— 

16 (1) grant, condition, or transfer licenses under 

17 this chapter; 

18 (2) seek an order of injunction or similar judi19 cial determination from a district court of the 

20 United States with personal jurisdiction over the li21 censee to terminate, modify, or suspend licenses 

22 under this subchapter and to terminate licensed op23 erations on an immediate basis, if the Secretary de24 termines that the licensee has substantially failed to 

25 comply with any provisions of this chapter, with any 
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1 terms, conditions, or restrictions of such license, or 

2 with any international obligations or national secu3 rity concerns of the United States; 

4 (3) provide penalties for noncompliance with 

5 the requirements of licenses or regulations issued 

6 under this subchapter, including civil penalties not 

7 to exceed $10,000 (each day of operation in violation 

8 of such licenses or regulations constituting a sepa9 rate violation); 

10 (4) compromise, modify, or remit any such civil 

11 penalty; 

12 (5) issue subpoenas for any materials, docu13 ments, or records, or for the attendance and testi14 mony of witnesses for the purpose of conducting a 

15 hearing under this section; 

16 (6) seize any object, record, or report pursuant 

17 to a warrant from a magistrate based on a showing 

18 of probable cause to believe that such object, record, 

19 or report was used, is being used, or is likely to be 

20 used in violation of this chapter or the requirements 

21 of a license or regulation issued thereunder; and 

22 (7) make investigations and inquiries and ad23 minister to or take from any person an oath, affir24 mation, or affidavit concerning any matter relating 

25 to the enforcement of this chapter. 
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1 (b) REVIEW OF AGENCY ACTION.—Any applicant or 

2 licensee that makes a timely request for review of an ad3 verse action pursuant to paragraph (1), (3), (5), or (6) 

4 of subsection (a) shall be entitled to adjudication by the 

5 Secretary on the record after an opportunity for any agen6 cy hearing with respect to such adverse action. Any final 

7 action by the Secretary under this subsection shall be sub8 ject to judicial review under chapter 7 of title 5. 

9 § 1124. Regulatory authority of Secretary 

10 The Secretary may issue regulations to carry out this 

11 subchapter. Such regulations shall be promulgated only 

12 after public notice and comment in accordance with the 

13 provisions of section 553 of title 5. 

14 § 1125. Agency activities 

15 (a) LICENSE APPLICATION AND ISSUANCE.—A pri16 vate sector party may apply for a license to operate a pri17 vate remote sensing space system which utilizes, on a 

18 space-available basis, a civilian United States Government 

19 satellite or vehicle as a platform for such system. The Sec20 retary, pursuant to this subchapter, may license such sys21 tem if it meets all conditions of this subchapter and— 

22 (1) the system operator agrees to reimburse the 

23 Government in a timely manner for all related costs 

24 incurred with respect to such utilization, including a 
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1 reasonable and proportionate share of fixed, plat2 form, data transmission, and launch costs; and 

3 (2) such utilization would not interfere with or 

4 otherwise compromise intended civilian Government 

5 missions, as determined by the agency responsible 

6 for such civilian platform. 

7 (b) ASSISTANCE.—The Secretary may offer assist8 ance to private sector parties in finding appropriate oppor9 tunities for such utilization. 

10 (c) AGREEMENTS.—To the extent provided in ad11 vance by appropriation Acts, any United States Govern12 ment agency may enter into agreements for such utiliza13 tion if such agreements are consistent with such agency’s 

14 mission and statutory authority, and if such remote sens15 ing space system is licensed by the Secretary before com16 mencing operation. 

17 (d) APPLICABILITY.—This section does not apply to 

18 activities carried out under subchapter IV. 

19 (e) EFFECT ON FCC AUTHORITY.—Nothing in this 

20 subchapter shall affect the authority of the Federal Com21 munications Commission pursuant to the Communications 

22 Act of 1934 (47 U.S.C. 151 et seq.). 
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1 SUBCHAPTER IV—RESEARCH, DEVELOPMENT, 

2 AND DEMONSTRATION 

3 § 1131. Continued Federal research and development 

4 (a) ROLES OF ADMINISTRATION AND DEPARTMENT

5 OF DEFENSE.— 

6 (1) IN GENERAL.—The Administrator and the 

7 Secretary of Defense are directed to continue and to 

8 enhance programs of remote sensing research and 

9 development. 

10 (2) ADMINISTRATION ACTIVITIES AUTHORIZED

11 AND ENCOURAGED.—The Administrator is author12 ized and encouraged to— 

13 (A) conduct experimental space remote 

14 sensing programs (including applications dem15 onstration programs and basic research at uni16 versities); 

17 (B) develop remote sensing technologies 

18 and techniques, including those needed for mon19 itoring the Earth and its environment; and 

20 (C) conduct such research and develop21 ment in cooperation with other United States 

22 Government agencies and with public and pri23 vate research entities (including private indus24 try, universities, non-profit organizations, State 

25 and local governments, foreign governments, 
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1 and international organizations) and to enter 

2 into arrangements (including joint ventures) 

3 which will foster such cooperation. 

4 (b) ROLES OF DEPARTMENT OF AGRICULTURE AND

5 DEPARTMENT OF THE INTERIOR.— 

6 (1) IN GENERAL.—In order to enhance the abil7 ity of the United States to manage and utilize its re8 newable and nonrenewable resources, the Secretary 

9 of Agriculture and the Secretary of the Interior are 

10 authorized and encouraged to conduct programs of 

11 research and development in the applications of re12 mote sensing using funds appropriated for such pur13 poses. 

14 (2) ACTIVITIES THAT MAY BE INCLUDED.— 

15 Such programs may include basic research at univer16 sities, demonstrations of applications, and coopera17 tive activities involving other Government agencies, 

18 private sector parties, and foreign and international 

19 organizations. 

20 (c) ROLE OF OTHER FEDERAL AGENCIES.—Other 

21 United States Government agencies are authorized and 

22 encouraged to conduct research and development on the 

23 use of remote sensing in the fulfillment of their authorized 

24 missions, using funds appropriated for such purposes. 
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1 § 1132. Availability of federally gathered unenhanced 

2 data 

3 (a) IN GENERAL.—All unenhanced land remote sens4 ing data gathered and owned by the United States Gov5 ernment, including unenhanced data gathered under the 

6 technology demonstration program carried out pursuant 

7 to section 1133 of this title, shall be made available to 

8 users in a timely fashion. 

9 (b) PROTECTION FOR COMMERCIAL DATA DIS10 TRIBUTOR.—The President shall seek to ensure that 

11 unenhanced data gathered under the technology dem12 onstration program carried out pursuant to section 1133 

13 of this title shall, to the extent practicable, be made avail14 able on terms that would not adversely affect the commer15 cial market for unenhanced data gathered by the Landsat 

16 6 spacecraft. 

17 § 1133. Technology demonstration program 

18 (a) ESTABLISHMENT.—As a fundamental component 

19 of a national land remote sensing strategy, the President 

20 shall establish, through appropriate United States Govern21 ment agencies, a technology demonstration program. The 

22 goals of the program shall be to— 

23 (1) seek to launch advanced land remote sens24 ing system components within 5 years after October 

25 28, 1992; 
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1 (2) demonstrate within such 5-year period ad2 vanced sensor capabilities suitable for use in the an3 ticipated land remote sensing program; and 

4 (3) demonstrate within such 5-year period an 

5 advanced land remote sensing system design that 

6 could be less expensive to procure and operate than 

7 the Landsat system projected to be in operation 

8 through the year 2000, and that therefore holds 

9 greater potential for private sector investment and 

10 control. 

11 (b) EXECUTION OF PROGRAM.—In executing the 

12 technology demonstration program, the President shall 

13 seek to apply technologies associated with United States 

14 National Technical Means of intelligence gathering, to the 

15 extent that such technologies are appropriate for the tech16 nology demonstration and can be declassified for such pur17 poses without causing adverse harm to United States na18 tional security interests. 

19 (c) BROAD APPLICATION.—To the greatest extent 

20 practicable, the technology demonstration program estab21 lished under subsection (a) shall be designed to be respon22 sive to the broad civilian, national security, commercial, 

23 and foreign policy needs of the United States. 
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1 (d) PRIVATE SECTOR FUNDING.—The technology 

2 demonstration program under this section may be carried 

3 out in part with private sector funding. 

4 (e) LANDSAT PROGRAM MANAGEMENT COORDINA5 TION.—The Landsat Program Management shall have a 

6 coordinating role in the technology demonstration pro7 gram carried out under this section. 

8 SUBCHAPTER V—GENERAL PROVISIONS 

9 § 1141. Nondiscriminatory data availability 

10 (a) IN GENERAL.—Except as provided in subsection 

11 (b), any unenhanced data generated by the Landsat sys12 tem or any other land remote sensing system funded and 

13 owned by the United States Government shall be made 

14 available to all users without preference, bias, or any other 

15 special arrangement (except on the basis of national secu16 rity concerns pursuant to section 1146 of this title) re17 garding delivery, format, pricing, or technical consider18 ations which would favor one customer or class of cus19 tomers over another. 

20 (b) EXCEPTIONS.—Unenhanced data generated by 

21 the Landsat system or any other land remote sensing sys22 tem funded and owned by the United States Government 

23 may be made available to the United States Government 

24 and its affiliated users at reduced prices, in accordance 
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1 with this chapter, on the condition that such unenhanced 

2 data are used solely for noncommercial purposes. 

3 § 1142. Archiving of data 

4 (a) PUBLIC INTEREST.—It is in the public interest 

5 for the United States Government to— 

6 (1) maintain an archive of land remote sensing 

7 data for historical, scientific, and technical purposes, 

8 including long-term global environmental monitoring; 

9 (2) control the content and scope of the archive; 

10 and 

11 (3) ensure the quality, integrity, and continuity 

12 of the archive. 

13 (b) ARCHIVING PRACTICES.—The Secretary of the 

14 Interior, in consultation with the Landsat Program Man15 agement, shall provide for long-term storage, mainte16 nance, and upgrading of a basic, global, land remote sens17 ing data set (hereafter in this section referred to as the 

18 ‘‘basic data set’’) and shall follow reasonable archival 

19 practices to ensure proper storage and preservation of the 

20 basic data set and timely access for parties requesting 

21 data. 

22 (c) DETERMINATION OF CONTENT OF BASIC DATA

23 SET.—In determining the initial content of, or in upgrad24 ing, the basic data set, the Secretary of the Interior 

25 shall— 
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1 (1) use as a baseline the data archived on Octo2 ber 28, 1992; 

3 (2) take into account future technical and sci4 entific developments and needs, paying particular at5 tention to the anticipated data requirements of glob6 al environmental change research; 

7 (3) consult with and seek the advice of users 

8 and producers of remote sensing data and data 

9 products; 

10 (4) consider the need for data which may be 

11 duplicative in terms of geographical coverage but 

12 which differ in terms of season, spectral bands, reso13 lution, or other relevant factors; 

14 (5) include, as the Secretary of the Interior 

15 considers appropriate, unenhanced data generated 

16 either by the Landsat system, pursuant to sub17 chapter II, or by licensees under subchapter III; 

18 (6) include, as the Secretary of the Interior 

19 considers appropriate, data collected by foreign 

20 ground stations or by foreign remote sensing space 

21 systems; and 

22 (7) ensure that the content of the archive is de23 veloped in accordance with section 1146 of this title. 

24 (d) PUBLIC DOMAIN.—After the expiration of any ex25 clusive right to sell, or after relinquishment of such right, 
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1 the data provided to the National Satellite Land Remote 

2 Sensing Data Archive shall be in the public domain and 

3 shall be made available to requesting parties by the Sec4 retary of the Interior at the cost of fulfilling user requests. 

5 § 1143. Nonreproduction 

6 Unenhanced data distributed by any licensee under 

7 subchapter III may be sold on the condition that such data 

8 will not be reproduced or disseminated by the purchaser 

9 for commercial purposes. 

10 § 1144. Reimbursement for assistance 

11 The Administrator, the Secretary of Defense, and the 

12 heads of other United States Government agencies may 

13 provide assistance to land remote sensing system opera14 tors under the provisions of this chapter. Substantial as15 sistance shall be reimbursed by the operator, except as 

16 otherwise provided by law. 

17 § 1145. Acquisition of equipment 

18 The Landsat Program Management may, by means 

19 of a competitive process, allow a licensee under subchapter 

20 III or any other private party to buy, lease, or otherwise 

21 acquire the use of equipment from the Landsat system, 

22 when such equipment is no longer needed for the operation 

23 of such system or for the sale of data from such system. 

24 Officials of other United States Government civilian agen-
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1 cies are authorized and encouraged to cooperate with the 

2 Secretary in carrying out this section. 

3 § 1146. Radio frequency allocation 

4 (a) APPLICATION TO FEDERAL COMMUNICATIONS

5 COMMISSION.—To the extent required by the Communica6 tions Act of 1934 (47 U.S.C. 151 et seq.), an application 

7 shall be filed with the Federal Communications Commis8 sion for any radio facilities involved with commercial re9 mote sensing space systems licensed under subchapter III. 

10 (b) DEADLINE FOR FCC ACTION.—It is the intent 

11 of Congress that the Federal Communications Commis12 sion complete the radio licensing process under the Com13 munications Act of 1934 (47 U.S.C. 151 et seq.), upon 

14 the application of any private sector party or consortium 

15 operator of any commercial land remote sensing space sys16 tem subject to this chapter, within 120 days of the receipt 

17 of an application for such licensing. If final action has not 

18 occurred within 120 days of the receipt of such an applica19 tion, the Federal Communications Commission shall in20 form the applicant of any pending issues and of actions 

21 required to resolve them. 

22 (c) DEVELOPMENT AND CONSTRUCTION OF UNITED

23 STATES SYSTEMS.—Authority shall not be required from 

24 the Federal Communications Commission for the develop25 ment and construction of any United States land remote 
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1 sensing space system (or component thereof), other than 

2 radio transmitting facilities or components, while any li3 censing determination is being made. 

4 (d) CONSISTENCY WITH INTERNATIONAL OBLIGA5 TIONS AND PUBLIC INTEREST.—Frequency allocations 

6 made pursuant to this section by the Federal Communica7 tions Commission shall be consistent with international 

8 obligations and with the public interest. 

9 § 1147. Consultation 

10 (a) CONSULTATION WITH SECRETARY OF DE11 FENSE.—The Secretary and the Landsat Program Man12 agement shall consult with the Secretary of Defense on 

13 all matters under this chapter affecting national security. 

14 The Secretary of Defense shall be responsible for deter15 mining those conditions, consistent with this chapter, nec16 essary to meet national security concerns of the United 

17 States and for notifying the Secretary and the Landsat 

18 Program Management promptly of such conditions. 

19 (b) CONSULTATION WITH SECRETARY OF STATE.— 

20 (1) IN GENERAL.—The Secretary and the 

21 Landsat Program Management shall consult with 

22 the Secretary of State on all matters under this 

23 chapter affecting international obligations. The Sec24 retary of State shall be responsible for determining 

25 those conditions, consistent with this chapter, nec-
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1 essary to meet international obligations and policies 

2 of the United States and for notifying promptly the 

3 Secretary and the Landsat Program Management of 

4 such conditions. 

5 (2) INTERNATIONAL AID.—Appropriate United 

6 States Government agencies are authorized and en7 couraged to provide remote sensing data, technology, 

8 and training to developing nations as a component 

9 of programs of international aid. 

10 (3) REPORTING DISCRIMINATORY DISTRIBU11 TION.—The Secretary of State shall promptly report 

12 to the Secretary and Landsat Program Management 

13 any instances outside the United States of discrimi14 natory distribution of Landsat data. 

15 (c) STATUS REPORT.—The Landsat Program Man16 agement shall, as often as necessary, provide to Congress 

17 complete and updated information about the status of on18 going operations of the Landsat system, including timely 

19 notification of decisions made with respect to the Landsat 

20 system in order to meet national security concerns and 

21 international obligations and policies of the United States 

22 Government. 

23 (d) REIMBURSEMENTS.—If, as a result of technical 

24 modifications imposed on a licensee under subchapter III 

25 on the basis of national security concerns, the Secretary, 
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1 in consultation with the Secretary of Defense or with other 

2 Federal agencies, determines that additional costs will be 

3 incurred by the licensee, or that past development costs 

4 (including the cost of capital) will not be recovered by the 

5 licensee, the Secretary may require the agency or agencies 

6 requesting such technical modifications to reimburse the 

7 licensee for such additional or development costs, but not 

8 for anticipated profits. Reimbursements may cover costs 

9 associated with required changes in system performance, 

10 but not costs ordinarily associated with doing business 

11 abroad. 

12 § 1148. Enforcement 

13 (a) IN GENERAL.—In order to ensure that 

14 unenhanced data from the Landsat system received solely 

15 for noncommercial purposes are not used for any commer16 cial purpose, the Secretary (in collaboration with private 

17 sector entities responsible for the marketing and distribu18 tion of unenhanced data generated by the Landsat system) 

19 shall develop and implement a system for enforcing this 

20 prohibition, in the event that unenhanced data from the 

21 Landsat system are made available for noncommercial 

22 purposes at a different price than such data are made 

23 available for other purposes. 

24 (b) AUTHORITY OF SECRETARY.—Subject to sub25 section (d), the Secretary may impose any of the enforce-
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1 ment mechanisms described in subsection (c) against a 

2 person that— 

3 (1) receives unenhanced data from the Landsat 

4 system under this chapter solely for noncommercial 

5 purposes (and at a different price than the price at 

6 which such data are made available for other pur7 poses); and 

8 (2) uses such data for other than noncommer9 cial purposes. 

10 (c) ENFORCEMENT MECHANISMS.—Enforcement 

11 mechanisms referred to in subsection (b) may include civil 

12 penalties of not more than $10,000 (per day per violation), 

13 denial of further unenhanced data purchasing privileges, 

14 and any other penalties or restrictions the Secretary con15 siders necessary to ensure, to the greatest extent prac16 ticable, that unenhanced data provided for noncommercial 

17 purposes are not used to unfairly compete in the commer18 cial market against private sector entities not eligible for 

19 data at the cost of fulfilling user requests. 

20 (d) PROCEDURES AND REGULATIONS.—The Sec21 retary shall issue any regulations necessary to carry out 

22 this section and shall establish standards and procedures 

23 governing the imposition of enforcement mechanisms 

24 under subsection (b). The standards and procedures shall 

25 include a procedure for potentially aggrieved parties to file 
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1 formal protests with the Secretary alleging instances 

2 where such unenhanced data have been, or are being, used 

3 for commercial purposes in violation of the terms of re4 ceipt of such data. The Secretary shall promptly act to 

5 investigate any such protest, and shall report annually to 

6 Congress on instances of such violations. 

7 SUBCHAPTER VI—PROHIBITION OF COMMER8 CIALIZATION OF WEATHER SATELLITES 

9 § 1161. Prohibition 

10 Neither the President nor any other official of the 

11 Government shall make any effort to lease, sell, or transfer 

12 to the private sector, or commercialize, any portion of the 

13 weather satellite systems operated by the Department of 

14 Commerce or any successor agency. 

15 § 1162. Future considerations 

16 Regardless of any change in circumstances subse17 quent to October 28, 1992, even if such change makes 

18 it appear to be in the national interest to commercialize 

19 weather satellites, neither the President nor any official 

20 shall take any action prohibited by section 1161 of this 

21 title unless this subchapter has first been repealed. 

22 CHAPTER 13—SPACE COMMERCE 

SUBCHAPTER I—DEFINITIONS 

Sec. 

1301. Definitions. 

SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 

OPPORTUNITIES 
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1311. Commercialization of Space Station. 

1312. Promotion of United States Global Positioning System standards. 

1313. Acquisition of space science data. 

1314. Administration of commercial space centers. 

1315. Sources of Earth Science data. 

SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE 

TRANSPORTATION SERVICES 

1331. Requirement to procure commercial space transportation services. 

1332. Acquisition of commercial space transportation services. 

1333. Shuttle privatization. 

1334. Use of excess intercontinental ballistic missiles. 

1335. National launch capability study. 

1 SUBCHAPTER I—DEFINITIONS 

2 § 1301. Definitions 

3 In this chapter: 

4 (1) COMMERCIAL PROVIDER.—The term ‘‘com5 mercial provider’’ means any person providing space 

6 transportation services or other space-related activi7 ties, primary control of which is held by persons 

8 other than Federal, State, local, and foreign govern9 ments. 

10 (2) PAYLOAD.—The term ‘‘payload’’ means 

11 anything that a person undertakes to transport to, 

12 from, or within outer space, or in suborbital trajec13 tory, by means of a space transportation vehicle, but 

14 does not include the space transportation vehicle 

15 itself except for its components which are specifically 

16 designed or adapted for that payload. 

17 (3) SPACE-RELATED ACTIVITIES.—The term 

18 ‘‘space-related activities’’ includes research and de-
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1 velopment, manufacturing, processing, service, and 

2 other associated and support activities. 

3 (4) SPACE TRANSPORTATION SERVICES.—The 

4 term ‘‘space transportation services’’ means the 

5 preparation of a space transportation vehicle and its 

6 payloads for transportation to, from, or within outer 

7 space, or in suborbital trajectory, and the conduct of 

8 transporting a payload to, from, or within outer 

9 space, or in suborbital trajectory. 

10 (5) SPACE TRANSPORTATION VEHICLE.—The 

11 term ‘‘space transportation vehicle’’ means any vehi12 cle constructed for the purpose of operating in, or 

13 transporting a payload to, from, or within, outer 

14 space, or in suborbital trajectory, and includes any 

15 component of such vehicle not specifically designed 

16 or adapted for a payload. 

17 (6) STATE.—The term ‘‘State’’ means each of 

18 the several States of the Union, the District of Co19 lumbia, the Commonwealth of Puerto Rico, the Vir20 gin Islands, Guam, American Samoa, the Common21 wealth of the Northern Mariana Islands, and any 

22 other commonwealth, territory, or possession of the 

23 United States. 

24 (7) UNITED STATES COMMERCIAL PROVIDER.— 

25 The term ‘‘United States commercial provider’’ 
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1 means a commercial provider, organized under the 

2 laws of the United States or of a State, that is— 

3 (A) more than 50 percent owned by United 

4 States nationals; or 

5 (B) a subsidiary of a foreign company and 

6 the Secretary of Transportation finds that— 

7 (i) such subsidiary has in the past evi8 denced a substantial commitment to the 

9 United States market through— 

10 (I) investments in the United 

11 States in long-term research, develop12 ment, and manufacturing (including 

13 the manufacture of major components 

14 and subassemblies); and 

15 (II) significant contributions to 

16 employment in the United States; and 

17 (ii) the country or countries in which 

18 such foreign company is incorporated or 

19 organized, and, if appropriate, in which it 

20 principally conducts its business, affords 

21 reciprocal treatment to companies de22 scribed in subparagraph (A) comparable to 

23 that afforded to such foreign company’s 

24 subsidiary in the United States, as evi25 denced by— 
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1 (I) providing comparable oppor2 tunities for companies described in 

3 subparagraph (A) to participate in 

4 Government-sponsored research and 

5 development similar to that authorized 

6 under this chapter; 

7 (II) providing no barriers, to 

8 companies described in subparagraph 

9 (A) with respect to local investment 

10 opportunities, that are not provided to 

11 foreign companies in the United 

12 States; and 

13 (III) providing adequate and ef14 fective protection for the intellectual 

15 property rights of companies de16 scribed in subparagraph (A). 

17 SUBCHAPTER II—PROMOTION OF COMMERCIAL 

18 SPACE OPPORTUNITIES 

19 § 1311. Commercialization of Space Station 

20 Congress declares that a priority goal of constructing 

21 the International Space Station is the economic develop22 ment of Earth orbital space. Congress further declares 

23 that free and competitive markets create the most efficient 

24 conditions for promoting economic development, and 

25 should therefore govern the economic development of 
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1 Earth orbital space. Congress further declares that the use 

2 of free market principles in operating, servicing, allocating 

3 the use of, and adding capabilities to the Space Station, 

4 and the resulting fullest possible engagement of commer5 cial providers and participation of commercial users, will 

6 reduce Space Station operational costs for all partners and 

7 the Federal Government’s share of the United States bur8 den to fund operations. 

9 § 1312. Promotion of United States Global Posi10 tioning System standards 

11 (a) FINDING.—Congress finds that the Global Posi12 tioning System, including satellites, signal equipment, 

13 ground stations, data links, and associated command and 

14 control facilities, has become an essential element in civil, 

15 scientific, and military space development because of the 

16 emergence of a United States commercial industry which 

17 provides Global Positioning System equipment and related 

18 services. 

19 (b) INTERNATIONAL COOPERATION.—In order to 

20 support and sustain the Global Positioning System in a 

21 manner that will most effectively contribute to the na22 tional security, public safety, scientific, and economic in23 terests of the United States, Congress encourages the 

24 President to— 
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1 (1) ensure the operation of the Global Posi2 tioning System on a continuous worldwide basis free 

3 of direct user fees; 

4 (2) enter into international agreements that 

5 promote cooperation with foreign governments and 

6 international organizations to— 

7 (A) establish the Global Positioning Sys8 tem and its augmentations as an acceptable 

9 international standard; and 

10 (B) eliminate any foreign barriers to appli11 cations of the Global Positioning System world12 wide; and 

13 (3) provide clear direction and adequate re14 sources to the Assistant Secretary of Commerce for 

15 Communications and Information so that on an 

16 international basis the Assistant Secretary can— 

17 (A) achieve and sustain efficient manage18 ment of the electromagnetic spectrum used by 

19 the Global Positioning System; and 

20 (B) protect that spectrum from disruption 

21 and interference. 

22 § 1313. Acquisition of space science data 

23 (a) DEFINITION OF SPACE SCIENCE DATA.—In this 

24 section, the term ‘‘space science data’’ includes scientific 

25 data concerning— 
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1 (1) the elemental and mineralogical resources of 

2 the moon, asteroids, planets and their moons, and 

3 comets; 

4 (2) microgravity acceleration; and 

5 (3) solar storm monitoring. 

6 (b) ACQUISITION FROM COMMERCIAL PROVIDERS.— 

7 The Administrator shall, to the extent possible and while 

8 satisfying the scientific or educational requirements of the 

9 Administration, and where appropriate, of other Federal 

10 agencies and scientific researchers, acquire, where cost ef11 fective, space science data from a commercial provider. 

12 (c) TREATMENT OF SPACE SCIENCE DATA AS COM13 MERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions 

14 of space science data by the Administrator shall be carried 

15 out in accordance with applicable acquisition laws and reg16 ulations (including chapters 137 and 140 of title 10). For 

17 purposes of such law and regulations, space science data 

18 shall be considered to be a commercial item. Nothing in 

19 this subsection shall be construed to preclude the United 

20 States from acquiring, through contracts with commercial 

21 providers, sufficient rights in data to meet the needs of 

22 the scientific and educational community or the needs of 

23 other government activities. 

24 (d) SAFETY STANDARDS.—Nothing in this section 

25 shall be construed to prohibit the Federal Government 
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1 from requiring compliance with applicable safety stand2 ards. 

3 (e) LIMITATION.—This section does not authorize the 

4 Administration to provide financial assistance for the de5 velopment of commercial systems for the collection of 

6 space science data. 

7 § 1314. Administration of commercial space centers 

8 The Administrator shall administer the Commercial 

9 Space Center program in a coordinated manner from Ad10 ministration headquarters in Washington, D.C. 

11 § 1315. Sources of Earth Science data 

12 (a) ACQUISITION.—The Administrator shall, to the 

13 extent possible and while satisfying the scientific or edu14 cational requirements of the Administration, and where 

15 appropriate, of other Federal agencies and scientific re16 searchers, acquire, where cost-effective, space-based and 

17 airborne Earth remote sensing data, services, distribution, 

18 and applications from a commercial provider. 

19 (b) TREATMENT AS COMMERCIAL ITEM UNDER AC20 QUISITION LAWS.—Acquisitions by the Administrator of 

21 the data, services, distribution, and applications referred 

22 to in subsection (a) shall be carried out in accordance with 

23 applicable acquisition laws and regulations (including 

24 chapters 137 and 140 of title 10). For purposes of such 

25 law and regulations, such data, services, distribution, and 
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1 applications shall be considered to be a commercial item. 

2 Nothing in this subsection shall be construed to preclude 

3 the United States from acquiring, through contracts with 

4 commercial providers, sufficient rights in data to meet the 

5 needs of the scientific and educational community or the 

6 needs of other government activities. 

7 (c) SAFETY STANDARDS.—Nothing in this section 

8 shall be construed to prohibit the Federal Government 

9 from requiring compliance with applicable safety stand10 ards. 

11 (d) ADMINISTRATION AND EXECUTION.—This sec12 tion shall be carried out as part of the Commercial Remote 

13 Sensing Program at the Stennis Space Center. 

14 SUBCHAPTER III—FEDERAL ACQUISITION OF 

15 SPACE TRANSPORTATION SERVICES 

16 § 1331. Requirement to procure commercial space 

17 transportation services 

18 (a) IN GENERAL.—Except as otherwise provided in 

19 this section, the Federal Government shall acquire space 

20 transportation services from United States commercial 

21 providers whenever such services are required in the 

22 course of its activities. To the maximum extent prac23 ticable, the Federal Government shall plan missions to ac24 commodate the space transportation services capabilities 

25 of United States commercial providers. 
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1 (b) EXCEPTIONS.—The Federal Government shall 

2 not be required to acquire space transportation services 

3 under subsection (a) if, on a case-by-case basis, the Ad4 ministrator or, in the case of a national security issue, 

5 the Secretary of the Air Force, determines that— 

6 (1) a payload requires the unique capabilities of 

7 the space shuttle; 

8 (2) cost effective space transportation services 

9 that meet specific mission requirements would not be 

10 reasonably available from United States commercial 

11 providers when required; 

12 (3) the use of space transportation services 

13 from United States commercial providers poses an 

14 unacceptable risk of loss of a unique scientific oppor15 tunity; 

16 (4) the use of space transportation services 

17 from United States commercial providers is incon18 sistent with national security objectives; 

19 (5) the use of space transportation services 

20 from United States commercial providers is incon21 sistent with international agreements for inter22 national collaborative efforts relating to science and 

23 technology; 

24 (6) it is more cost effective to transport a pay25 load in conjunction with a test or demonstration of 
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1 a space transportation vehicle owned by the Federal 

2 Government; or 

3 (7) a payload can make use of the available 

4 cargo space on a space shuttle mission as a sec5 ondary payload, and such payload is consistent with 

6 the requirements of research, development, dem7 onstration, scientific, commercial, and educational 

8 programs authorized by the Administrator. 

9 (c) AGREEMENTS WITH FOREIGN ENTITIES.—Noth10 ing in this section shall prevent the Administrator from 

11 planning or negotiating agreements with foreign entities 

12 for the launch of Federal Government payloads for inter13 national collaborative efforts relating to science and tech14 nology. 

15 (d) DELAYED EFFECT.—Subsection (a) shall not 

16 apply to space transportation services and space transpor17 tation vehicles acquired or owned by the Federal Govern18 ment before October 28, 1998, or with respect to which 

19 a contract for such acquisition or ownership has been en20 tered into before October 28, 1998. 

21 (e) HISTORICAL PURPOSES.—This section shall not 

22 be construed to prohibit the Federal Government from ac23 quiring, owning, or maintaining space transportation vehi24 cles solely for historical display purposes. 
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1 § 1332. Acquisition of commercial space transpor2 tation services 

3 (a) TREATMENT OF COMMERCIAL SPACE TRANSPOR4 TATION SERVICES AS COMMERCIAL ITEM UNDER ACQUI5 SITION LAWS.—Acquisitions of space transportation serv6 ices by the Federal Government shall be carried out in 

7 accordance with applicable acquisition laws and regula8 tions (including chapters 137 and 140 of title 10). For 

9 purposes of such law and regulations, space transportation 

10 services shall be considered to be a commercial item. 

11 (b) SAFETY STANDARDS.—Nothing in this section 

12 shall be construed to prohibit the Federal Government 

13 from requiring compliance with applicable safety stand14 ards. 

15 § 1333. Shuttle privatization 

16 The Administrator shall prepare for an orderly tran17 sition from the Federal operation, or Federal management 

18 of contracted operation, of space transportation systems 

19 to the Federal purchase of commercial space transpor20 tation services for all nonemergency space transportation 

21 requirements for transportation to and from Earth orbit, 

22 including human, cargo, and mixed payloads. In those 

23 preparations, the Administrator shall take into account 

24 the need for short-term economies, as well as the goal of 

25 restoring the Administration’s research focus and its man26 date to promote the fullest possible commercial use of 
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1 space. As part of those preparations, the Administrator 

2 shall plan for the potential privatization of the space shut3 tle program. Such plan shall keep safety and cost effective4 ness as high priorities. Nothing in this section shall pro5 hibit the Administration from studying, designing, devel6 oping, or funding upgrades or modifications essential to 

7 the safe and economical operation of the space shuttle 

8 fleet. 

9 § 1334. Use of excess intercontinental ballistic mis10 siles 

11 (a) IN GENERAL.—The Federal Government shall 

12 not— 

13 (1) convert any missile described in subsection 

14 (c) to a space transportation vehicle configuration; 

15 or 

16 (2) transfer ownership of any such missile to 

17 another person, except as provided in subsection (b). 

18 (b) AUTHORIZED FEDERAL USES.— 

19 (1) IN GENERAL.—A missile described in sub20 section (c) may be converted for use as a space 

21 transportation vehicle by the Federal Government if, 

22 except as provided in paragraph (2) and at least 30 

23 days before such conversion, the agency seeking to 

24 use the missile as a space transportation vehicle 

25 transmits to the Committee on Armed Services and 
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1 the Committee on Science of the House of Rep2 resentatives, and to the Committee on Armed Serv3 ices and the Committee on Commerce, Science, and 

4 Transportation of the Senate, a certification that the 

5 use of such missile— 

6 (A) would result in cost savings to the 

7 Federal Government when compared to the cost 

8 of acquiring space transportation services from 

9 United States commercial providers; 

10 (B) meets all mission requirements of the 

11 agency, including performance, schedule, and 

12 risk requirements; 

13 (C) is consistent with international obliga14 tions of the United States; and 

15 (D) is approved by the Secretary of De16 fense or the designee of the Secretary of De17 fense. 

18 (2) EXCEPTION TO REQUIREMENT THAT CER19 TIFICATION BE TRANSMITTED 30 DAYS BEFORE CON20 VERSION.—The requirement under paragraph (1) 

21 that the certification described in that paragraph 

22 must be transmitted at least 30 days before conver23 sion of the missile shall not apply if the Secretary 

24 of Defense determines that compliance with that re-
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1 quirement would be inconsistent with meeting imme2 diate national security requirements. 

3 (c) MISSILES REFERRED TO.—The missiles referred 

4 to in this section are missiles owned by the United States 

5 that— 

6 (1) were formerly used by the Department of 

7 Defense for national defense purposes as interconti8 nental ballistic missiles; and 

9 (2) have been declared excess to United States 

10 national defense needs and are in compliance with 

11 international obligations of the United States. 

12 § 1335. National launch capability study 

13 (a) FINDINGS.—Congress finds that a robust satellite 

14 and launch industry in the United States serves the inter15 est of the United States by— 

16 (1) contributing to the economy of the United 

17 States; 

18 (2) strengthening employment, technological, 

19 and scientific interests of the United States; and 

20 (3) serving the foreign policy and national secu21 rity interests of the United States. 

22 (b) DEFINITIONS.—In this section: 

23 (1) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Defense. 
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1 (2) TOTAL POTENTIAL NATIONAL MISSION

2 MODEL.—The term ‘‘total potential national mission 

3 model’’ means a model that— 

4 (A) is determined by the Secretary, in con5 sultation with the Administrator, to assess the 

6 total potential space missions to be conducted 

7 in the United States during a specified period 

8 of time; and 

9 (B) includes all launches in the United 

10 States (including launches conducted on or off 

11 a Federal range). 

12 (c) REPORT.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after October 28, 1998, the Secretary shall, in con15 sultation with the Administrator and appropriate 

16 representatives of the satellite and launch industry 

17 and the governments of States and political subdivi18 sions thereof— 

19 (A) prepare a report that meets the re20 quirements of this subsection; and 

21 (B) submit that report to the Committee 

22 on Commerce, Science, and Transportation of 

23 the Senate and the Committee on Science of the 

24 House of Representatives. 
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1 (2) REQUIREMENTS FOR REPORT.—The report 

2 prepared under this subsection shall— 

3 (A) identify the total potential national 

4 mission model for the period beginning on the 

5 date of the report and ending on December 31, 

6 2007; 

7 (B) identify the resources that are nec8 essary or available to carry out the total poten9 tial national mission model described in sub10 paragraph (A), including— 

11 (i) launch property and services of the 

12 Department of Defense, the Administra13 tion, and non-Federal facilities; and 

14 (ii) the ability to support commercial 

15 launch-on-demand on short notification, 

16 taking into account Federal requirements, 

17 at launch sites or test ranges in the United 

18 States; 

19 (C) identify each deficiency in the re20 sources referred to in subparagraph (B); and 

21 (D) with respect to the deficiencies identi22 fied under subparagraph (C), include estimates 

23 of the level of funding necessary to address 

24 those deficiencies for the period described in 

25 subparagraph (A). 
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1 (d) RECOMMENDATIONS.—Based on the report under 

2 subsection (c), the Secretary, after consultation with the 

3 Secretary of Transportation, the Secretary of Commerce, 

4 and representatives from interested private sector entities, 

5 States, and local governments, shall— 

6 (1) identify opportunities for investment by 

7 non-Federal entities (including States and political 

8 subdivisions thereof and private sector entities) to 

9 assist the Federal Government in providing launch 

10 capabilities for the commercial space industry in the 

11 United States; 

12 (2) identify one or more methods by which, if 

13 sufficient resources referred to in subsection 

14 (c)(2)(D) are not available to the Department of De15 fense and the Administration, the control of the 

16 launch property and launch services of the Depart17 ment of Defense and the Administration may be 

18 transferred from the Department of Defense and the 

19 Administration to— 

20 (A) one or more other Federal agencies; 

21 (B) one or more States (or subdivisions 

22 thereof); 

23 (C) one or more private sector entities; or 

24 (D) any combination of the entities de25 scribed in subparagraphs (A) to (C); and 
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1 (3) identify the technical, structural, and legal 

2 impediments associated with making launch sites or 

3 test ranges in the United States viable and competi4 tive. 

5 CHAPTER 15—COMMERCIAL REUSABLE 

6 IN-SPACE TRANSPORTATION 

Sec. 

1501. Findings. 

1502. Definitions. 

1503. Loan guarantees for production of commercial reusable in-space transportation. 

7 § 1501. Findings 

8 Congress makes the following findings: 

9 (1) It is in the national interest to encourage 

10 the production of cost-effective, in-space transpor11 tation systems, which would be built and operated by 

12 the private sector on a commercial basis. 

13 (2) The use of reusable in-space transportation 

14 systems will enhance performance levels of in-space 

15 operations, enhance efficient and safe disposal of 

16 satellites at the end of their useful lives, and in17 crease the capability and reliability of existing 

18 ground-to-space launch vehicles. 

19 (3) Commercial reusable in-space transportation 

20 systems will enhance the economic well-being and 

21 national security of the United States by reducing 

22 space operations costs for commercial and national 
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1 space programs and by adding new space capabilities 

2 to space operations. 

3 (4) Commercial reusable in-space transportation 

4 systems will provide new cost-effective space capa5 bilities (including orbital transfers from low altitude 

6 orbits to high altitude orbits and return, the correc7 tion of erroneous satellite orbits, and the recovery, 

8 refurbishment, and refueling of satellites) and the 

9 provision of upper stage functions to increase 

10 ground-to-orbit launch vehicle payloads to geo11 stationary and other high energy orbits. 

12 (5) Commercial reusable in-space transportation 

13 systems can enhance and enable the space explo14 ration of the United States by providing lower cost 

15 trajectory injection from Earth orbit, transit trajec16 tory control, and planet arrival deceleration to sup17 port potential Administration missions to Mars, 

18 Pluto, and other planets. 

19 (6) Satellites stranded in erroneous Earth orbit 

20 due to deficiencies in their launch represent substan21 tial economic loss to the United States and present 

22 substantial concerns for the current backlog of na23 tional space assets. 

24 (7) Commercial reusable in-space transportation 

25 systems can provide new options for alternative 
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1 planning approaches and risk management to en2 hance the mission assurance of national space as3 sets. 

4 (8) Commercial reusable in-space transportation 

5 systems developed by the private sector can provide 

6 in-space transportation services to the Administra7 tion, the Department of Defense, the National Re8 connaissance Office, and other agencies without the 

9 need for the United States to bear the cost of pro10 duction of such systems. 

11 (9) The availability of loan guarantees, with the 

12 cost of credit risk to the United States paid by the 

13 private sector, is an effective means by which the 

14 United States can help qualifying private sector 

15 companies secure otherwise unattainable private fi16 nancing for the production of commercial reusable 

17 in-space transportation systems, while at the same 

18 time minimizing Government commitment and in19 volvement in the development of such systems. 

20 § 1502. Definitions 

21 In this chapter: 

22 (1) COMMERCIAL PROVIDER.—The term ‘‘com23 mercial provider’’ means any person or entity pro24 viding commercial reusable in-orbit space transpor25 tation services or systems, primary control of which 
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1 is held by persons other than the Federal Govern2 ment, a State or local government, or a foreign gov3 ernment. 

4 (2) IN-SPACE TRANSPORTATION SERVICES.— 

5 The term ‘‘in-space transportation services’’ means 

6 operations and activities involved in the direct trans7 portation or attempted transportation of a payload 

8 or object from one orbit to another by means of an 

9 in-space transportation vehicle. 

10 (3) IN-SPACE TRANSPORTATION SYSTEM.—The 

11 term ‘‘in-space transportation system’’ means the 

12 space and ground elements, including in-space trans13 portation vehicles and support space systems, and 

14 ground administration and control facilities and as15 sociated equipment, necessary for the provision of 

16 in-space transportation services. 

17 (4) IN-SPACE TRANSPORTATION VEHICLE.—The 

18 term ‘‘in-space transportation vehicle’’ means a vehi19 cle designed— 

20 (A) to be based and operated in space; 

21 (B) to transport various payloads or ob22 jects from one orbit to another orbit; and 

23 (C) to be reusable and refueled in space. 

24 (5) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Defense. 
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1 (6) UNITED STATES COMMERCIAL PROVIDER.— 

2 The term ‘‘United States commercial provider’’ 

3 means any commercial provider organized under the 

4 laws of the United States that is more than 50 per5 cent owned by United States nationals. 

6 § 1503. Loan guarantees for production of commer7 cial reusable in-space transportation 

8 (a) AUTHORITY TO MAKE LOAN GUARANTEES.—The 

9 Secretary may guarantee loans made to eligible United 

10 States commercial providers for purposes of producing 

11 commercial reusable in-space transportation services or 

12 systems. 

13 (b) ELIGIBLE UNITED STATES COMMERCIAL PRO14 VIDERS.—The Secretary shall prescribe requirements for 

15 the eligibility of United States commercial providers for 

16 loan guarantees under this section. Such requirements 

17 shall ensure that eligible providers are financially capable 

18 of undertaking a loan guaranteed under this section. 

19 (c) LIMITATION ON LOANS GUARANTEED.—The Sec20 retary may not guarantee a loan for a United States com21 mercial provider under this section unless the Secretary 

22 determines that credit would not otherwise be reasonably 

23 available at the time of the guarantee for the commercial 

24 reusable in-space transportation service or system to be 

25 produced utilizing the proceeds of the loan. 
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1 (d) CREDIT SUBSIDY.— 

2 (1) COLLECTION REQUIRED.—The Secretary 

3 shall collect from each United States commercial 

4 provider receiving a loan guarantee under this sec5 tion an amount equal to the amount, as determined 

6 by the Secretary, to cover the cost, as defined in sec7 tion 502(5) of the Federal Credit Reform Act of 

8 1990 (2 U.S.C. 661a(5)), of the loan guarantee. 

9 (2) PERIODIC DISBURSEMENTS.—In the case of 

10 a loan guarantee in which proceeds of the loan are 

11 disbursed over time, the Secretary shall collect the 

12 amount required under this subsection on a pro rata 

13 basis, as determined by the Secretary, at the time of 

14 each disbursement. 

15 (e) OTHER TERMS AND CONDITIONS.— 

16 (1) PROHIBITION ON SUBORDINATION.—A loan 

17 guaranteed under this section may not be subordi18 nated to another debt contracted by the United 

19 States commercial provider concerned, or to any 

20 other claims against such provider. 

21 (2) RESTRICTION ON INCOME.—A loan guaran22 teed under this section may not— 

23 (A) provide income which is excluded from 

24 gross income for purposes of chapter 1 of the 
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1 Internal Revenue Code of 1986 (26 U.S.C. 1 et 

2 seq.); or 

3 (B) provide significant collateral or secu4 rity, as determined by the Secretary, for other 

5 obligations the income from which is so ex6 cluded. 

7 (3) TREATMENT OF GUARANTEE.—The guar8 antee of a loan under this section shall be conclusive 

9 evidence of the following: 

10 (A) That the guarantee has been properly 

11 obtained. 

12 (B) That the loan qualifies for the guar13 antee. 

14 (C) That, but for fraud or material mis15 representation by the holder of the loan, the 

16 guarantee is valid, legal, and enforceable. 

17 (4) OTHER TERMS AND CONDITIONS.—The Sec18 retary may establish any other terms and conditions 

19 for a guarantee of a loan under this section as the 

20 Secretary considers appropriate to protect the finan21 cial interests of the United States. 

22 (f) ENFORCEMENT OF RIGHTS.— 

23 (1) IN GENERAL.—The Attorney General may 

24 take any action the Attorney General considers ap-
185 

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1 propriate to enforce any right accruing to the United 

2 States under a loan guarantee under this section. 

3 (2) FORBEARANCE.—The Attorney General 

4 may, with the approval of the parties concerned, for5 bear from enforcing any right of the United States 

6 under a loan guaranteed under this section for the 

7 benefit of a United States commercial provider if 

8 such forbearance will not result in any cost, as de9 fined in section 502(5) of the Federal Credit Reform 

10 Act of 1990 (2 U.S.C. 661a(5)), to the United 

11 States. 

12 (3) UTILIZATION OF PROPERTY.—Notwith13 standing any other provision of law and subject to 

14 the terms of a loan guaranteed under this section, 

15 upon the default of a United States commercial pro16 vider under the loan, the Secretary may, at the elec17 tion of the Secretary— 

18 (A) assume control of the physical asset fi19 nanced by the loan; and 

20 (B) complete, recondition, reconstruct, ren21 ovate, repair, maintain, operate, or sell the 

22 physical asset. 

23 (g) CREDIT INSTRUMENTS.— 

24 (1) AUTHORITY TO ISSUE INSTRUMENTS.—Not25 withstanding any other provision of law, the Sec-
186 

•HR 3039 IH 

1 retary may, subject to such terms and conditions as 

2 the Secretary considers appropriate, issue credit in3 struments to United States commercial providers of 

4 in-space transportation services or systems, with the 

5 aggregate cost (as determined under the provisions 

6 of the Federal Credit Reform Act of 1990 (2 U.S.C. 

7 661 et seq.)) of such instruments not to exceed 

8 $1,500,000,000, but only to the extent that new 

9 budget authority to cover such costs is provided in 

10 subsequent appropriations Acts or authority is oth11 erwise provided in subsequent appropriations Acts. 

12 (2) CREDIT SUBSIDY.—The Secretary shall pro13 vide a credit subsidy for any credit instrument 

14 issued under this subsection in accordance with the 

15 provisions of the Federal Credit Reform Act of 1990 

16 (2 U.S.C. 661 et seq.). 

17 (3) CONSTRUCTION.—The eligibility of a United 

18 States commercial provider of in-space transpor19 tation services or systems for a credit instrument 

20 under this subsection is in addition to any eligibility 

21 of such provider for a loan guarantee under other 

22 provisions of this section. 

23 CHAPTER 17—COMMERCIAL SPACE 

24 COMPETITIVENESS 

Sec. 

1701. Findings. 

1702. Definitions. 
187 

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1703. Launch voucher demonstration program. 

1704. Anchor tenancy and termination liability. 

1705. Use of Government facilities. 

1706. Commercial Space Achievement Award. 

1 § 1701. Findings 

2 Congress finds that— 

3 (1) commercial activities of the private sector 

4 have substantially contributed to the strength of 

5 both the United States space program and the na6 tional economy; 

7 (2) a robust United States space transportation 

8 capability remains a vital cornerstone of the United 

9 States space program; 

10 (3) the availability of commercial launch serv11 ices is essential for the continued growth of the 

12 United States commercial space sector; 

13 (4) a timely extension of the excess third party 

14 claims payment provisions of chapter 701 of title 49 

15 is appropriate and necessary to enable the private 

16 sector to continue covering maximum probable liabil17 ity risks while protecting the private sector from un18 insurable levels of liability which could hinder inter19 national competitiveness; 

20 (5) a program to demonstrate how recipients of 

21 Federal grants can purchase launch services directly 

22 from the private sector has the potential to improve 
188 

•HR 3039 IH 

1 the capabilities of the United States commercial 

2 launch industry; 

3 (6) improvements and additions to the Nation’s 

4 space transportation infrastructure contribute to a 

5 robust and cost effective space transportation capa6 bility for both public sector and private sector users; 

7 (7) private sector use of available Government 

8 facilities on a reimbursable basis contributes to a 

9 stronger commercial space sector; 

10 (8) the Federal Government should purchase 

11 space goods and services which are commercially 

12 available, or could be made available commercially in 

13 response to a Government procurement request, 

14 whenever such goods or services meet Government 

15 mission requirements in a cost effective manner; 

16 (9) it is appropriate for the Government to act 

17 as an anchor tenant for commercial space develop18 ment projects which have a reasonable potential to 

19 develop non-Federal markets and which meet Fed20 eral needs in a cost effective manner; and 

21 (10) the provision of compensation to commer22 cial providers of space goods and services for termi23 nation of contracts at the convenience of the Govern24 ment assists in enabling the private sector to invest 
189 

•HR 3039 IH 

1 in space activities which are initially dependent on 

2 Government purchases. 

3 § 1702. Definitions 

4 In this chapter: 

5 (1) AGENCY.—The term ‘‘agency’’ means an 

6 executive agency as defined in section 105 of title 5. 

7 (2) ANCHOR TENANCY.—The term ‘‘anchor ten8 ancy’’ means an arrangement in which the United 

9 States Government agrees to procure sufficient 

10 quantities of a commercial space product or service 

11 needed to meet Government mission requirements so 

12 that a commercial venture is made viable. 

13 (3) COMMERCIAL.—The term ‘‘commercial’’ 

14 means having— 

15 (A) private capital at risk; and 

16 (B) primary financial and management re17 sponsibility for the activity reside with the pri18 vate sector. 

19 (4) COST EFFECTIVE.—The term ‘‘cost effec20 tive’’ means costing no more than the available al21 ternatives, determined by a comparison of all related 

22 direct and indirect costs including, in the case of 

23 Government costs, applicable Government labor and 

24 overhead costs as well as contractor charges, and 

25 taking into account the ability of each alternative to 
190 

•HR 3039 IH 

1 accommodate mission requirements as well as the re2 lated factors of risk, reliability, schedule, and tech3 nical performance. 

4 (5) LAUNCH.—The term ‘‘launch’’ means to 

5 place, or attempt to place, a launch vehicle and its 

6 payload, if any, in a suborbital trajectory, in Earth 

7 orbit in outer space, or otherwise in outer space. 

8 (6) LAUNCH SERVICES.—The term ‘‘launch 

9 services’’ means activities involved in the preparation 

10 of a launch vehicle and its payload for launch and 

11 the conduct of a launch. 

12 (7) LAUNCH SUPPORT FACILITIES.—The term 

13 ‘‘launch support facilities’’ means facilities located at 

14 launch sites or launch ranges that are required to 

15 support launch activities, including launch vehicle 

16 assembly, launch vehicle operations and control, 

17 communications, flight safety functions, and payload 

18 operations, control, and processing. 

19 (8) LAUNCH VEHICLE.—The term ‘‘launch vehi20 cle’’ means any vehicle constructed for the purpose 

21 of operating in or placing a payload in outer space 

22 or in suborbital trajectories, and includes compo23 nents of that vehicle. 

24 (9) PAYLOAD.—The term ‘‘payload’’ means an 

25 object which a person undertakes to launch, and in-
191 

•HR 3039 IH 

1 cludes subcomponents of the launch vehicle specifi2 cally designed or adapted for that object. 

3 (10) PAYLOAD INTEGRATION SERVICES.—The 

4 term ‘‘payload integration services’’ means activities 

5 involved in integrating multiple payloads into a sin6 gle payload for launch or integrating a payload with 

7 a launch vehicle. 

8 (11) SPACE RECOVERY SUPPORT FACILITIES.— 

9 The term ‘‘space recovery support facilities’’ means 

10 facilities required to support activities related to the 

11 recovery of payloads returned from space to a space 

12 recovery site, including operations and control, com13 munications, flight safety functions, and payload 

14 processing. 

15 (12) SPACE TRANSPORTATION INFRASTRUC16 TURE.—The term ‘‘space transportation infrastruc17 ture’’ means facilities, associated equipment, and 

18 real property (including launch sites, launch support 

19 facilities, space recovery sites, and space recovery 

20 support facilities) required to perform launch or 

21 space recovery activities. 

22 (13) STATE.—The term ‘‘State’’ means the sev23 eral States, the District of Columbia, Puerto Rico, 

24 American Samoa, the United States Virgin Islands, 

25 Guam, the Northern Mariana Islands, and any other 
192 

•HR 3039 IH 

1 commonwealth, territory, or possession of the United 

2 States. 

3 (14) UNITED STATES.—The term ‘‘United 

4 States’’ means the States, collectively. 

5 § 1703. Launch voucher demonstration program 

6 (a) REQUIREMENT TO ESTABLISH PROGRAM.—The 

7 Administrator shall establish a demonstration program to 

8 award vouchers for the payment of commercial launch 

9 services and payload integration services for the purpose 

10 of launching payloads funded by the Administration. 

11 (b) AWARD OF VOUCHERS.—The Administrator shall 

12 award vouchers under subsection (a) to appropriate indi13 viduals as a part of grants administered by the Adminis14 tration for the launch of— 

15 (1) payloads to be placed in suborbital trajec16 tories; and 

17 (2) small payloads to be placed in orbit. 

18 (c) ASSISTANCE.—The Administrator may provide 

19 voucher award recipients with such assistance (including 

20 contract formulation and technical support during the pro21 posal evaluation) as may be necessary to ensure the pur22 chase of cost effective and reasonably reliable commercial 

23 launch services and payload integration services. 
193 

•HR 3039 IH 

1 § 1704. Anchor tenancy and termination liability 

2 (a) ANCHOR TENANCY CONTRACTS.—Subject to ap3 propriations, the Administrator or the Administrator of 

4 the National Oceanic and Atmospheric Administration 

5 may enter into multiyear anchor tenancy contracts for the 

6 purchase of a good or service if the appropriate Adminis7 trator determines that— 

8 (1) the good or service meets the mission re9 quirements of the Administration or the National 

10 Oceanic and Atmospheric Administration, as appro11 priate; 

12 (2) the commercially procured good or service is 

13 cost effective; 

14 (3) the good or service is procured through a 

15 competitive process; 

16 (4) existing or potential customers for the good 

17 or service other than the United States Government 

18 have been specifically identified; 

19 (5) the long-term viability of the venture is not 

20 dependent upon a continued Government market or 

21 other nonreimbursable Government support; and 

22 (6) private capital is at risk in the venture. 

23 (b) TERMINATION LIABILITY.— 

24 (1) IN GENERAL.—Contracts entered into under 

25 subsection (a) may provide for the payment of termi-
194 

•HR 3039 IH 

1 nation liability in the event that the Government ter2 minates such contracts for its convenience. 

3 (2) FIXED SCHEDULE OF PAYMENTS AND LIMI4 TATION ON LIABILITY.—Contracts that provide for 

5 the payment of termination liability, as described in 

6 paragraph (1), shall include a fixed schedule of such 

7 termination liability payments. Liability under such 

8 contracts shall not exceed the total payments which 

9 the Government would have made after the date of 

10 termination to purchase the good or service if the 

11 contract were not terminated. 

12 (3) USE OF FUNDS.—Subject to appropriations, 

13 funds available for such termination liability pay14 ments may be used for purchase of the good or serv15 ice upon successful delivery of the good or service 

16 pursuant to the contract. In such case, sufficient 

17 funds shall remain available to cover any remaining 

18 termination liability. 

19 (c) LIMITATIONS.— 

20 (1) DURATION.—Contracts entered into under 

21 this section shall not exceed 10 years in duration. 

22 (2) FIXED PRICE.—Such contracts shall provide 

23 for delivery of the good or service on a firm, fixed 

24 price basis. 
195 

•HR 3039 IH 

1 (3) PERFORMANCE SPECIFICATIONS.—To the 

2 extent practicable, reasonable performance specifica3 tions shall be used to define technical requirements 

4 in such contracts. 

5 (4) FAILURE TO PERFORM.—In any such con6 tract, the appropriate Administrator shall reserve 

7 the right to completely or partially terminate the 

8 contract without payment of such termination liabil9 ity because of the contractor’s actual or anticipated 

10 failure to perform its contractual obligations. 

11 § 1705. Use of Government facilities 

12 (a) AUTHORITY.— 

13 (1) IN GENERAL.—Federal agencies, including 

14 the Administration and the Department of Defense, 

15 may allow non-Federal entities to use their space-re16 lated facilities on a reimbursable basis if the Admin17 istrator, the Secretary of Defense, or the appropriate 

18 agency head determines that— 

19 (A) the facilities will be used to support 

20 commercial space activities; 

21 (B) such use can be supported by existing 

22 or planned Federal resources; 

23 (C) such use is compatible with Federal 

24 activities; 
196 

•HR 3039 IH 

1 (D) equivalent commercial services are not 

2 available on reasonable terms; and 

3 (E) such use is consistent with public safe4 ty, national security, and international treaty 

5 obligations. 

6 (2) CONSULTATION.—In carrying out para7 graph (1)(E), each agency head shall consult with 

8 appropriate Federal officials. 

9 (b) REIMBURSEMENT PAYMENT.— 

10 (1) AMOUNT.—The reimbursement referred to 

11 in subsection (a) may be an amount equal to the di12 rect costs (including salaries of United States civil13 ian and contractor personnel) incurred by the 

14 United States as a result of the use of such facilities 

15 by the private sector. For the purposes of this para16 graph, the term ‘‘direct costs’’ means the actual 

17 costs that can be unambiguously associated with 

18 such use, and would not be borne by the United 

19 States Government in the absence of such use. 

20 (2) CREDIT TO APPROPRIATION.—The amount 

21 of any payment received by the United States for 

22 use of facilities under this subsection shall be cred23 ited to the appropriation from which the cost of pro24 viding such facilities was paid. 
197 

•HR 3039 IH 

1 § 1706. Commercial Space Achievement Award 

2 (a) ESTABLISHMENT.—There is established a Com3 mercial Space Achievement Award. The award shall con4 sist of a medal, which shall be of such design and mate5 rials and bear such inscriptions as determined by the Sec6 retary of Commerce. A cash prize may also be awarded 

7 if funding for the prize is available under subsection (d). 

8 (b) CRITERIA FOR AWARD.—The Secretary of Com9 merce shall periodically make awards under this section 

10 to individuals, corporations, corporate divisions, or cor11 porate subsidiaries substantially engaged in commercial 

12 space activities that in the opinion of the Secretary of 

13 Commerce best meet the following criteria: 

14 (1) NON-GOVERNMENTAL REVENUE.—For cor15 porate entities, at least half of the revenues from the 

16 space-related activities of the corporation, division, 

17 or subsidiary is derived from sources other than the 

18 United States Government. 

19 (2) SUBSTANTIAL CONTRIBUTION.—The activi20 ties and achievements of the individual, corporation, 

21 division, or subsidiary have substantially contributed 

22 to the United States gross national product and the 

23 stature of United States industry in international 

24 markets, with due consideration for both the eco25 nomic magnitude and the technical quality of the ac26 tivities and achievements. 
198 

•HR 3039 IH 

1 (3) SUBSTANTIAL ADVANCEMENT OF TECH2 NOLOGY.—The individual, corporation, division, or 

3 subsidiary has substantially advanced space tech4 nology and space applications directly related to 

5 commercial space activities. 

6 (c) LIMITATIONS.—No individual or corporate entity 

7 may receive an award under this section more than once 

8 every 5 years. 

9 (d) FUNDING FOR AWARD.—The Secretary of Com10 merce may seek and accept gifts of money from public 

11 and private sources for the purpose of making cash prize 

12 awards under this section. Such money may be used only 

13 for that purpose, only such money may be used for that 

14 purpose, and the Secretary of Commerce shall make pub15 licly available an itemized list of the sources of such fund16 ing. 

17 SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS. 

18 (a) TITLE 31.—Section 1304(a)(3)(D) of title 31, 

19 United States Code, is amended by striking ‘‘section 203 

20 of the National Aeronautics and Space Act of 1958 (42 

21 U.S.C. 2473)’’ and substituting ‘‘section 313 of title 51’’. 

22 (b) TITLE 35.—Section 210(a)(7) of title 35, United 

23 States Code, is amended by striking ‘‘section 305 of the 

24 National Aeronautics and Space Act of 1958 (42 U.S.C. 

25 2457)’’ and substituting ‘‘section 335 of title 51’’. 
199 

•HR 3039 IH 

1 (c) TITLE 49.—Title 49, United States Code, is 

2 amended as follows: 

3 (1) Section 70117(b)(2) is amended by striking 

4 ‘‘the Land Remote Sensing Policy Act of 1992 (15 

5 U.S.C. 5601 et seq.)’’ and substituting ‘‘chapter 11 

6 of title 51’’. 

7 (2) Section 70301(1) is amended by striking 

8 ‘‘section 502 of the National Aeronautics and Space 

9 Administration Authorization Act, Fiscal Year 1993 

10 (15 U.S.C. 5802)’’ and substituting ‘‘section 1702 

11 of title 51’’. 

12 SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS. 

13 (a) CUTOFF DATE.—This Act replaces certain provi14 sions of law enacted on or before April 30, 2005. If a law 

15 enacted after that date amends or repeals a provision re16 placed by this Act, that law is deemed to amend or repeal, 

17 as the case may be, the corresponding provision enacted 

18 by this Act. If a law enacted after that date is otherwise 

19 inconsistent with this Act, it supersedes this Act to the 

20 extent of the inconsistency. 

21 (b) ORIGINAL DATE OF ENACTMENT UNCHANGED.— 

22 For purposes of determining whether one provision of law 

23 supersedes another based on enactment later in time, the 

24 date of enactment of a provision enacted by this Act is 
200 

•HR 3039 IH 

1 deemed to be the date of enactment of the provision it 

2 replaced. 

3 (c) REFERENCES TO PROVISIONS REPLACED.—A ref4 erence to a provision of law replaced by this Act, including 

5 a reference in a regulation, order, or other law, is deemed 

6 to refer to the corresponding provision enacted by this Act. 

7 (d) REGULATIONS, ORDERS, AND OTHER ADMINIS8 TRATIVE ACTIONS.—A regulation, order, or other admin9 istrative action in effect under a provision of law replaced 

10 by this Act continues in effect under the corresponding 

11 provision enacted by this Act. 

12 (e) ACTIONS TAKEN AND OFFENSES COMMITTED.— 

13 An action taken or an offense committed under a provision 

14 of law replaced by this Act is deemed to have been taken 

15 or committed under the corresponding provision enacted 

16 by this Act. 

17 SEC. 6. REPEALS. 

18 The following provisions of law are repealed, except 

19 with respect to rights and duties that matured, penalties 

20 that were incurred, or proceedings that were begun before 

21 the date of enactment of this Act: 
201 

•HR 3039 IH 

Schedule of Laws Repealed 

Date of Enactment Public Law Section 

Statutes at Large U.S. Code Citations 

(informational) 

Volume Page Former 

Classification Restatement 

July 29, 1958 ............................ 85–568 101 ..................................................................................................................................... 72 426 ................. 42:2451 note ................. None.

102 ..................................................................................................................................... 72 426 ................. 42:2451 .......................... 51:302.103 ..................................................................................................................................... 72 427 ................. 42:2452 .......................... 51:303.201 ..................................................................................................................................... 72 427 ................. 42:2471 (prior) .............. None.202 ..................................................................................................................................... 72 429 ................. 42:2472 .......................... 51:311.203(a), (b) ......................................................................................................................... 72 429 ................. 42:2473(a), (b) .............. 51:312.203(c) ................................................................................................................................ 72 429 ................. 42:2473(c) ..................... 51:313.204 ..................................................................................................................................... 72 431 ................. 42:2474 .......................... None.205 ..................................................................................................................................... 72 432 ................. 42:2475 .......................... 51:314.206 ..................................................................................................................................... 72 432 ................. 42:2476 .......................... 51:315.207 ..................................................................................................................................... ............ ........................ 42:2476a ........................ 51:316.208 ..................................................................................................................................... ............ ........................ 42:2476b ........................ None.302 ..................................................................................................................................... 72 433 ................. 42:2453 .......................... None.303 ..................................................................................................................................... 72 433 ................. 42:2454 .......................... 51:331.304(a) ................................................................................................................................ 72 433 ................. 42:2455(a) ..................... 51:332.304(e) ................................................................................................................................ 72 435 ................. 42:2456 .......................... 51:333.304(f) ................................................................................................................................. ............ ........................ 42:2456a ........................ 51:334.305 ..................................................................................................................................... 72 435 ................. 42:2457 .......................... 51:335.306 ..................................................................................................................................... 72 437 ................. 42:2458 .......................... 51:336.307 ..................................................................................................................................... ............ ........................ 42:2458a ........................ 51:337.308 ..................................................................................................................................... ............ ........................ 42:2458b ........................ 51:338.309 ..................................................................................................................................... ............ ........................ 42:2458c ........................ 51:339.310 ..................................................................................................................................... 72 438 ................. 42:2459 .......................... 51:340.311 ..................................................................................................................................... ............ ........................ 42:2459b ........................ 51:341.312 ..................................................................................................................................... ............ ........................ 42:2459c ........................ 51:342.313 ..................................................................................................................................... ............ ........................ 42:2459f ........................ 51:343.315 ..................................................................................................................................... ............ ........................ 42:2459j ........................ 51:344.401 ..................................................................................................................................... ............ ........................ 42:2481 .......................... 51:361.402 ..................................................................................................................................... ............ ........................ 42:2482 .......................... 51:362.403 ..................................................................................................................................... ............ ........................ 42:2483 .......................... 51:363.404 ..................................................................................................................................... ............ ........................ 42:2484 .......................... 51:364.

June 15, 1959 ........................... 86–45 4 ......................................................................................................................................... 73 75 ................... 42:2460 .......................... 51:501.Aug. 21, 1967 ............................ 90–67 6 ......................................................................................................................................... 81 170 ................. 42:2477 .......................... 51:582.
202 

•HR 3039 IH 

Schedule of Laws Repealed—Continued 

Date of Enactment Public Law Section 

Statutes at Large U.S. Code Citations 

(informational) 

Volume Page Former 

Classification Restatement 

Sep. 29, 1969 ............................ 91–76 1 ......................................................................................................................................... 83 124 ................. 42:2461 (1st par.) ......... 51:541(a).

2 ......................................................................................................................................... 83 124 ................. 42:2461 (last par.) ........ 51:541(b).

July 30, 1977 ............................ 95–76 6 ......................................................................................................................................... 91 315 ................. 42:2463 .......................... 51:513.Oct. 15, 1982 ............................. 97–324 106(a) ................................................................................................................................ 96 1600 ............... 42:2464 .......................... 51:551.Dec. 5, 1985 .............................. 99–170 201 ..................................................................................................................................... 99 1017 ............... 42:2466 .......................... 51:561.

202 ..................................................................................................................................... 99 1017 .............. 42:2466a ........................ 51:562.203 ..................................................................................................................................... 99 1017 .............. 42:2466b ........................ 51:563.204 ..................................................................................................................................... 99 1017 .............. 42:2466c ........................ 51:564.

Dec. 19, 1985 ............................ 99–190 101(b) [title VIII, § 8111] ................................................................................................. 99 1185, 1222 .... 42:2464a ........................ 51:552.Oct. 30, 1987 ............................. 100–147 201 ..................................................................................................................................... 101 869 ................. 42:2486 note ................. None.

202 ..................................................................................................................................... 101 869 ................. 42:2486 .......................... 51:701.203 ..................................................................................................................................... 101 869 ................. 42:2486a ........................ 51:702.204 ..................................................................................................................................... 101 870 ................. 42:2486b ........................ 51:703.205 ..................................................................................................................................... 101 871 ................. 42:2486c ........................ 51:704.206 ..................................................................................................................................... 101 872 ................. 42:2486d ........................ 51:705.207 ..................................................................................................................................... 101 873 ................. 42:2486e ........................ 51:706.208 ..................................................................................................................................... 101 873 ................. 42:2486f ........................ 51:707.209 ..................................................................................................................................... 101 874 ................. 42:2486g ........................ 51:708.210 ..................................................................................................................................... 101 874 ................. 42:2486h ........................ 51:709.211 ..................................................................................................................................... 101 875 ................. 42:2486i ......................... 51:710.213 ..................................................................................................................................... 101 875 ................. 42:2486k ........................ 51:711.214 ..................................................................................................................................... 101 875 ................. 42:2486l ........................ None.

Aug. 19, 1988 ............................ 100–404 (par. under heading ‘‘Science, Space, and Technology Education Trust Fund’’) ............ 102 1028 .............. 42:2467 .......................... 51:571.Nov. 9, 1989 .............................. 101–144 (last par. beginning on p. 863) ......................................................................................... 103 863 ................. 42:2473b (1st par.) ....... 51:514.
203 

•HR 3039 IH 

(1st complete par. on p. 864) ............................................................................................ 103 864 ................. 42:2473b (last par.) ...... None.

Nov. 16, 1990 ............................ 101–611 112(a) ................................................................................................................................ 104 3198 .............. 42:2465a(a) ................... 51:553(a).

112(b) ................................................................................................................................ 104 3198 ............... 42:2465a(b) ................... None.112(c) ................................................................................................................................ 104 3199 ............... 42:2465a(c) ................... 51:553(b).112(d) ................................................................................................................................ 104 3199 .............. 42:2465a(d) ................... 51:553(c).203 ..................................................................................................................................... 104 3206 ............... 42:2465c ........................ 51:554(a).206 ..................................................................................................................................... 104 3207 ............... 42:2465f ........................ 51:554(b).

Oct. 28, 1991 ............................. 102–139 (1st par. under heading ‘‘Administrative Provisions’’) ..................................................... 105 771 ................. 42:2459d ........................ 51:511.Dec. 9, 1991 .............................. 102–195 19 ....................................................................................................................................... 105 1615 .............. 42:2459e ........................ 51:512.

20 ....................................................................................................................................... 105 1615 .............. 42:2467a ........................ 51:572.21(a) .................................................................................................................................. 105 1616 .............. 42:2473c(a) ................... None.21(b) to (h) ........................................................................................................................ 105 1616 .............. 42:2473c(b) to (h) ......... 51:581.

Oct. 28, 1992 ............................. 102–555 1 ......................................................................................................................................... 106 4163 ............... 15:5601 note ................. None.

2 ......................................................................................................................................... 106 4163 .............. 15:5601 .......................... 51:1101.3 ......................................................................................................................................... 106 4164 .............. 15:5602 .......................... 51:1102.101 ..................................................................................................................................... 106 4166 ............... 15:5611 .......................... 51:1111.102 ..................................................................................................................................... 106 4168 ............... 15:5612 .......................... 51:1112.103 ..................................................................................................................................... 106 4168 ............... 15:5613 .......................... None.104 ..................................................................................................................................... 106 4170 ............... 15:5614 .......................... 51:1113.105(a), (b) ......................................................................................................................... 106 4170 ............... 15:5615(a), (b) .............. 51:1114.105(c), (d) ......................................................................................................................... 106 4170 .............. 15:5615(c), (d) .............. None.201 ..................................................................................................................................... 106 4171 ............... 15:5621 .......................... 51:1121.202 ..................................................................................................................................... 106 4172 ............... 15:5622 .......................... 51:1122.203 ..................................................................................................................................... 106 4172 ............... 15:5623 .......................... 51:1123.204 ..................................................................................................................................... 106 4173 ............... 15:5624 .......................... 51:1124.205 ..................................................................................................................................... 106 4173 ............... 15:5625 .......................... 51:1125.301 ..................................................................................................................................... 106 4174 ............... 15:5631 .......................... 51:1131.302 ..................................................................................................................................... 106 4174 ............... 15:5632 .......................... 51:1132.303(a) to (e) ...................................................................................................................... 106 4174 .............. 15:5633(a) to (e) ........... 51:1133.303(f) ................................................................................................................................. 106 4175 ............... 15:5633(f) ...................... None.501 ..................................................................................................................................... 106 4176 ............... 15:5651 .......................... 51:1141.502 ..................................................................................................................................... 106 4176 ............... 15:5652 .......................... 51:1142.503 ..................................................................................................................................... 106 4177 ............... 15:5653 .......................... 51:1143.504 ..................................................................................................................................... 106 4177 ............... 15:5654 .......................... 51:1144.505 ..................................................................................................................................... 106 4177 ............... 15:5655 .......................... 51:1145.506 ..................................................................................................................................... 106 4177 ............... 15:5656 .......................... 51:1146.507 ..................................................................................................................................... 106 4178 ............... 15:5657 .......................... 51:1147.508 ..................................................................................................................................... 106 4179 ............... 15:5658 .......................... 51:1148.601 ..................................................................................................................................... 106 4179 ............... 15:5671 .......................... 51:1161.602 ..................................................................................................................................... 106 4180 ............... 15:5672 .......................... 51:1162.
204 

•HR 3039 IH 

Schedule of Laws Repealed—Continued 

Date of Enactment Public Law Section 

Statutes at Large U.S. Code Citations 

(informational) 

Volume Page Former 

Classification Restatement 

Nov. 4, 1992 .............................. 102–588 304 ..................................................................................................................................... 106 5120 ............... 42:2467b ........................ 51:573.

501 ..................................................................................................................................... 106 5122 ............... 15:5801 .......................... 51:1701.502 ..................................................................................................................................... 106 5123 ............... 15:5802 .......................... 51:1702.504(a) to (c) ...................................................................................................................... 106 5124 .............. 15:5803(a) to (c) ........... 51:1703.504(d) ................................................................................................................................ 106 5124 .............. 15:5803(d) ..................... None.506 ..................................................................................................................................... 106 5127 ............... 15:5805 .......................... None.507 ..................................................................................................................................... 106 5127 ............... 15:5806 .......................... 51:1704.508 ..................................................................................................................................... 106 5128 ............... 15:5807 .......................... 51:1705.510 ..................................................................................................................................... 106 5129 ............... 15:5808 .......................... 51:1706.601 ..................................................................................................................................... 106 5130 ............... 42:2487 .......................... 51:901.602 ..................................................................................................................................... 106 5130 ............... 42:2487a ........................ 51:902.603 ..................................................................................................................................... 106 5130 ............... 42:2487b ........................ 51:903.604 ..................................................................................................................................... 106 5131 ............... 42:2487c ........................ 51:904.606 ..................................................................................................................................... 106 5131 ............... 42:2487e ........................ 51:905.607 ..................................................................................................................................... 106 5131 ............... 42:2487f ........................ 51:906.608 ..................................................................................................................................... 106 5132 ............... 42:2487g ........................ None.

Oct. 28, 1998 ............................. 105–303 1(a) .................................................................................................................................... 112 2843 ............... 42:14701 note ............... None.

2 ......................................................................................................................................... 112 2843 .............. 42:14701 ........................ 51:1301.101(a) ................................................................................................................................ 112 2845 ............... 42:14711(a) ................... 51:1311.101(b) ................................................................................................................................ 112 2845 ............... 42:14711(b) ................... None.104 ..................................................................................................................................... 112 2852 ............... 42:14712 ........................ 51:1312.105 ..................................................................................................................................... 112 2852 ............... 42:14713 ........................ 51:1313.106 ..................................................................................................................................... 112 2853 ............... 42:14714 ........................ 51:1314.107(a) ................................................................................................................................ 112 2853 ............... 42:14715(a) ................... 51:1315(a).107(b) ................................................................................................................................ 112 2853 ............... 42:14715(b) ................... 51:1315(b).107(c) ................................................................................................................................ 112 2853 ............... 42:14715(c) ................... None.107(d) ................................................................................................................................ 112 2854 .............. 42:14715(d) ................... 51:1315(c).107(e) ................................................................................................................................ 112 2854 .............. 42:14715(e) ................... 51:1315(d).107(f)(1) ............................................................................................................................ 112 2854 ............... 42:14715, 15:5621 ........ 51:1121.107(f)(2) ............................................................................................................................ 112 2854 ............... 42:14715, 15:5622 ........ 51:1122.201 ..................................................................................................................................... 112 2854 ............... 42:14731 ........................ 51:1331.202 ..................................................................................................................................... 112 2855 ............... 42:14732 ........................ 51:1332.204(a) ................................................................................................................................ 112 2856 ............... 42:14733(a) ................... 51:1333.204(b), (c) ......................................................................................................................... 112 2856 ............... 42:14733(b), (c) ............ None.205 ..................................................................................................................................... 112 2857 ............... 42:14734 ........................ 51:1334.206 ..................................................................................................................................... 112 2857 ............... 42:14735 ........................ 51:1335.
205 

•HR 3039 IH 

Oct. 30, 2000 ............................. 106–391 126 ..................................................................................................................................... 114 1585 .............. 42:2475a ........................ 51:591.

301 ..................................................................................................................................... 114 1591 ............... 42:2459g ........................ 51:531.304 ..................................................................................................................................... 114 1592 ............... 42:2459h ........................ 51:532(b).305 ..................................................................................................................................... 114 1592 ............... 42:2475b ........................ 51:515.325 ..................................................................................................................................... 114 1600 ............... 42:2473d ........................ 51:533.

Oct. 23, 2002 ............................. 107–248 901 ..................................................................................................................................... 116 1573 .............. 42:14701 note ................ None.

902 ..................................................................................................................................... 116 1573 ............... 42:14751 ........................ 51:1501.903 ..................................................................................................................................... 116 1574 ............... 42:14752 ........................ 51:1503.904 ..................................................................................................................................... 116 1576 ............... 42:14753 ........................ 51:1502.

Feb. 20, 2003 ............................ 108–7 (4th par. on p. 520) .......................................................................................................... 117 520 ................. 42:2459i ......................... 51:502.Dec. 12, 2003 ............................ 108–176 703 ..................................................................................................................................... 117 2579 .............. 42:2473e ........................ 51:574.

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206 

•HR 3039 IH 

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