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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3039 Introduced in House (IH)]

  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.

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT.

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

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

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

            TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

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

                         CHAPTER 1--DEFINITIONS

Sec.
101. Definitions.
Sec. 101. Definitions
    In this title:
            (1) Administration.--The term ``Administration'' means the 
        National Aeronautics and Space Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Aeronautics and Space 
        Administration.

           CHAPTER 3--NATIONAL AERONAUTICS 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.
363. Program authorized.
364. International cooperation.

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

Sec. 301. Short title
    This chapter may be cited as the ``National Aeronautics and Space 
Act''.
Sec. 302. Congressional declaration of policy and purpose
    (a) Devotion of Space Activities to Peaceful Purposes for Benefit 
of All Humankind.--Congress declares that it is the policy of the 
United States that activities in space should be devoted to peaceful 
purposes for the benefit of all humankind.
    (b) Aeronautical and Space Activities for Welfare and Security of 
United States.--Congress declares that the general welfare and security 
of the United States require that adequate provision be made for 
aeronautical and space activities. Congress further declares that such 
activities shall be the responsibility of, and shall be directed by, a 
civilian agency exercising control over aeronautical and space 
activities sponsored by the United States, except that activities 
peculiar to or primarily associated with the development of weapons 
systems, military operations, or the defense of the United States 
(including the research and development necessary to make effective 
provision for the defense of the United States) shall be the 
responsibility of, and shall be directed by, the Department of Defense; 
and that determination as to which agency has responsibility for and 
direction of any such activity shall be made by the President.
    (c) Commercial Use of Space.--Congress declares that the general 
welfare of the United States requires that the Administration seek and 
encourage, to the maximum extent possible, the fullest commercial use 
of space.
    (d) Objectives of Aeronautical and Space Activities.--The 
aeronautical and space activities of the United States shall be 
conducted so as to contribute materially to one or more of the 
following objectives:
            (1) The expansion of human knowledge of the Earth and of 
        phenomena in the atmosphere and space.
            (2) The improvement of the usefulness, performance, speed, 
        safety, and efficiency of aeronautical and space vehicles.
            (3) The development and operation of vehicles capable of 
        carrying instruments, equipment, supplies, and living organisms 
        through space.
            (4) The establishment of long-range studies of the 
        potential benefits to be gained from, the opportunities for, 
        and the problems involved in the utilization of aeronautical 
        and space activities for peaceful and scientific purposes.
            (5) The preservation of the role of the United States as a 
        leader in aeronautical and space science and technology and in 
        the application thereof to the conduct of peaceful activities 
        within and outside the atmosphere.
            (6) The making available to agencies directly concerned 
        with national defense of discoveries that have military value 
        or significance, and the furnishing by such agencies, to the 
        civilian agency established to direct and control nonmilitary 
        aeronautical and space activities, of information as to 
        discoveries which have value or significance to that agency.
            (7) Cooperation by the United States with other nations and 
        groups of nations in work done pursuant to this chapter and in 
        the peaceful application of the results thereof.
            (8) The most effective utilization of the scientific and 
        engineering resources of the United States, with close 
        cooperation among all interested agencies of the United States 
        in order to avoid unnecessary duplication of effort, 
        facilities, and equipment.
            (9) The preservation of the United States preeminent 
        position in aeronautics and space through research and 
        technology development related to associated manufacturing 
        processes.
    (e) Ground Propulsion Systems Research and Development.--Congress 
declares that the general welfare of the United States requires that 
the unique competence in scientific and engineering systems of the 
Administration also be directed toward ground propulsion systems 
research and development. Such development shall be conducted so as to 
contribute to the objectives of developing energy and petroleum-
conserving ground propulsion systems, and of minimizing the 
environmental degradation caused by such systems.
    (f) Bioengineering Research, Development, and Demonstration 
Programs.--Congress declares that the general welfare of the United 
States requires that the unique competence of the Administration in 
science and engineering systems be directed to assisting in 
bioengineering research, development, and demonstration programs 
designed to alleviate and minimize the effects of disability.
    (g) Purpose of Chapter.--It is the purpose of this chapter to carry 
out and effectuate the policies declared in subsections (a) to (f).
Sec. 303. Definitions
    In this chapter:
            (1) Aeronautical and space activities.--The term 
        ``aeronautical and space activities'' means--
                    (A) research into, and the solution of, problems of 
                flight within and outside the Earth's atmosphere;
                    (B) the development, construction, testing, and 
                operation for research purposes of aeronautical and 
                space vehicles;
                    (C) the operation of a space transportation system 
                including the space shuttle, upper stages, space 
                platforms, and related equipment; and
                    (D) such other activities as may be required for 
                the exploration of space.
            (2) Aeronautical and space vehicles.--The term 
        ``aeronautical and space vehicles'' means aircraft, missiles, 
        satellites, and other space vehicles, manned and unmanned, 
        together with related equipment, devices, components, and 
        parts.

    SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

Sec. 311. National Aeronautics and Space Administration
    (a) Establishment and Appointment of Administrator.--There is 
established the National Aeronautics and Space Administration. The 
Administration shall be headed by an Administrator, who shall be 
appointed from civilian life by the President by and with the advice 
and consent of the Senate. Under the supervision and direction of the 
President, the Administrator shall be responsible for the exercise of 
all powers and the discharge of all duties of the Administration and 
shall have authority and control over all personnel and activities 
thereof.
    (b) Deputy Administrator.--There shall be in the Administration a 
Deputy Administrator, who shall be appointed from civilian life by the 
President by and with the advice and consent of the Senate. The Deputy 
Administrator shall perform such duties and exercise such powers as the 
Administrator may prescribe. The Deputy Administrator shall act for, 
and exercise the powers of, the Administrator during the 
Administrator's absence or disability.
    (c) Restriction on Other Business or Employment.--The Administrator 
and the Deputy Administrator shall not engage in any other business, 
vocation, or employment while serving as such.
Sec. 312. Functions of the Administration
    (a) Planning, Directing, and Conducting Aeronautical and Space 
Activities.--The Administration, in order to carry out the purpose of 
this chapter, shall--
            (1) plan, direct, and conduct aeronautical and space 
        activities;
            (2) arrange for participation by the scientific community 
        in planning scientific measurements and observations to be made 
        through use of aeronautical and space vehicles, and conduct or 
        arrange for the conduct of such measurements and observations;
            (3) provide for the widest practicable and appropriate 
        dissemination of information concerning its activities and the 
        results thereof;
            (4) seek and encourage, to the maximum extent possible, the 
        fullest commercial use of space; and
            (5) encourage and provide for Federal Government use of 
        commercially provided space services and hardware, consistent 
        with the requirements of the Federal Government.
    (b) Research and Development in Certain Technologies.--
            (1) Ground propulsion technologies.--The Administration 
        shall, to the extent of appropriated funds, initiate, support, 
        and carry out such research, development, demonstration, and 
        other related activities in ground propulsion technologies as 
        are provided for in sections 4 to 10 of the Electric and Hybrid 
        Vehicle Research, Development, and Demonstration Act of 1976 
        (15 U.S.C. 2503 to 2509).
            (2) Solar heating and cooling technologies.--The 
        Administration shall initiate, support, and carry out such 
        research, development, demonstrations, and other related 
        activities in solar heating and cooling technologies (to the 
        extent that funds are appropriated therefor) as are provided 
        for in sections 5, 6, and 9 of the Solar Heating and Cooling 
        Demonstration Act of 1974 (42 U.S.C. 5503, 5504, 5507).
Sec. 313. Powers of the Administration in performance of functions
    (a) Rules and Regulations.--In the performance of its functions, 
the Administration is authorized to make, promulgate, issue, rescind, 
and amend rules and regulations governing the manner of its operations 
and the exercise of the powers vested in it by law.
    (b) Officers and Employees.--In the performance of its functions, 
the Administration is authorized to appoint and fix the compensation of 
officers and employees as may be necessary to carry out such functions. 
The officers and employees shall be appointed in accordance with the 
civil service laws and their compensation fixed in accordance with 
chapter 51 and subchapter III of chapter 53 of title 5, except that--
            (1) to the extent the Administrator deems such action 
        necessary to the discharge of the Administrator's 
        responsibilities, the Administrator may appoint not more than 
        425 of the scientific, engineering, and administrative 
        personnel of the Administration without regard to such laws, 
        and may fix the compensation of such personnel not in excess of 
        the rate of basic pay payable for level III of the Executive 
        Schedule; and
            (2) to the extent the Administrator deems such action 
        necessary to recruit specially qualified scientific and 
        engineering talent, the Administrator may establish the 
        entrance grade for scientific and engineering personnel without 
        previous service in the Federal Government at a level up to 2 
        grades higher than the grade provided for such personnel under 
        the General Schedule, and fix their compensation accordingly.
    (c) Property.--In the performance of its functions, the 
Administration is authorized--
            (1) to acquire (by purchase, lease, condemnation, or 
        otherwise), construct, improve, repair, operate, and maintain 
        laboratories, research and testing sites and facilities, 
        aeronautical and space vehicles, quarters and related 
        accommodations for employees and dependents of employees of the 
        Administration, and such other real and personal property 
        (including patents), or any interest therein, as the 
        Administration deems necessary within and outside the 
        continental United States;
            (2) to acquire by lease or otherwise, through the 
        Administrator of General Services, buildings or parts of 
        buildings in the District of Columbia for the use of the 
        Administration for a period not to exceed 10 years without 
        regard to section 8141 of title 40;
            (3) to lease to others such real and personal property;
            (4) to sell and otherwise dispose of real and personal 
        property (including patents and rights thereunder) in 
        accordance with the provisions of chapters 1 to 11 of title 40 
        and in accordance with title III of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 251 et seq.); 
        and
            (5) to provide by contract or otherwise for cafeterias and 
        other necessary facilities for the welfare of employees of the 
        Administration at its installations and purchase and maintain 
        equipment therefor.
    (d) Gifts.--In the performance of its functions, the Administration 
is authorized to accept unconditional gifts or donations of services, 
money, or property, real, personal, or mixed, tangible or intangible.
    (e) Contracts, Leases, and Agreements.--In the performance of its 
functions, the Administration is authorized, without regard to 
subsections (a) and (b) of section 3324 of title 31, to enter into and 
perform such contracts, leases, cooperative agreements, or other 
transactions as may be necessary in the conduct of its work and on such 
terms as it may deem appropriate, with any agency or instrumentality of 
the United States, or with any State, Territory, or possession, or with 
any political subdivision thereof, or with any person, firm, 
association, corporation, or educational institution. To the maximum 
extent practicable and consistent with the accomplishment of the 
purpose of this chapter, such contracts, leases, agreements, and other 
transactions shall be allocated by the Administrator in a manner which 
will enable small-business concerns to participate equitably and 
proportionately in the conduct of the work of the Administration.
    (f) Cooperation With Federal Agencies and Others.--In the 
performance of its functions, the Administration is authorized to use, 
with their consent, the services, equipment, personnel, and facilities 
of Federal and other agencies with or without reimbursement, and on a 
similar basis to cooperate with other public and private agencies and 
instrumentalities in the use of services, equipment, and facilities. 
Each department and agency of the Federal Government shall cooperate 
fully with the Administration in making its services, equipment, 
personnel, and facilities available to the Administration, and any such 
department or agency is authorized, notwithstanding any other provision 
of law, to transfer to or to receive from the Administration, without 
reimbursement, aeronautical and space vehicles, and supplies and 
equipment other than administrative supplies or equipment.
    (g) Advisory Committees.--In the performance of its functions, the 
Administration is authorized to appoint such advisory committees as may 
be appropriate for purposes of consultation and advice to the 
Administration.
    (h) Offices and Procedures.--In the performance of its functions, 
the Administration is authorized to establish within the Administration 
such offices and procedures as may be appropriate to provide for the 
greatest possible coordination of its activities under this chapter 
with related scientific and other activities being carried on by other 
public and private agencies and organizations.
    (i) Temporary or Intermittent Services of Experts or Consultants.--
In the performance of its functions, the Administration is authorized 
to obtain services as provided by section 3109 of title 5, but at rates 
for individuals not to exceed the per diem rate equivalent to the 
maximum rate payable under section 5376 of title 5.
    (j) Aliens.--In the performance of its functions, the 
Administration is authorized, when determined by the Administrator to 
be necessary, and subject to such security investigations as the 
Administrator may determine to be appropriate, to employ aliens without 
regard to statutory provisions prohibiting payment of compensation to 
aliens.
    (k) Concessions for Visitors' Facilities.--
            (1) In general.--In the performance of its functions, the 
        Administration is authorized to provide by concession, without 
        regard to section 1302 of title 40, on such terms as the 
        Administrator may deem to be appropriate and necessary to 
        protect the concessioner against loss of the concessioner's 
        investment in property (but not anticipated profits) resulting 
        from the Administration's discretionary acts and decisions, for 
        the construction, maintenance, and operation of all manner of 
        facilities and equipment for visitors to the several 
        installations of the Administration and, in connection 
        therewith, to provide services incident to the dissemination of 
        information concerning its activities to such visitors, without 
        charge or with a reasonable charge therefor (with this 
        authority being in addition to any other authority that the 
        Administration may have to provide facilities, equipment, and 
        services for visitors to its installations).
            (2) Public notice and due consideration of proposals.--A 
        concession agreement under this subsection may be negotiated 
        with any qualified proposer following due consideration of all 
        proposals received after reasonable public notice of the 
        intention to contract.
            (3) Reasonable opportunity for profit.--The concessioner 
        shall be afforded a reasonable opportunity to make a profit 
        commensurate with the capital invested and the obligations 
        assumed. The consideration paid by the concessioner for the 
        concession shall be based on the probable value of the 
        opportunity and not on maximizing revenue to the United States.
            (4) Records and access to records.--Each concession 
        agreement shall specify the manner in which the concessioner's 
        records are to be maintained, and shall provide for access to 
        the records by the Administration and the Comptroller General 
        of the United States for a period of 5 years after the close of 
        the business year to which the records relate.
            (5) Possessory interests.--A concessioner may be accorded a 
        possessory interest, consisting of all incidents of ownership 
        except legal title (which shall vest in the United States), in 
        any structure, fixture, or improvement the concessioner 
        constructs or locates upon land owned by the United States. 
        With the approval of the Administration, such possessory 
        interest may be assigned, transferred, encumbered, or 
        relinquished by the concessioner, and, unless otherwise 
        provided by contract, shall not be extinguished by the 
        expiration or other termination of the concession and may not 
        be taken for public use without just compensation.
    (l) Detailing Members of Armed Services.--In the performance of its 
functions, the Administration is authorized, with the approval of the 
President, to enter into cooperative agreements under which members of 
the Army, Navy, Air Force, and Marine Corps may be detailed by the 
appropriate Secretary for services in the performance of functions 
under this chapter to the same extent as that to which they might be 
lawfully assigned in the Department of Defense.
    (m) Claims Against the United States.--In the performance of its 
functions, the Administration is authorized--
            (1) to consider, ascertain, adjust, determine, settle, and 
        pay, on behalf of the United States, in full satisfaction 
        thereof, any claim for $25,000 or less against the United 
        States for bodily injury, death, or damage to or loss of real 
        or personal property resulting from the conduct of the 
        Administration's functions as specified in section 312(a) of 
        this title, where such claim is presented to the Administration 
        in writing within 2 years after the accident or incident out of 
        which the claim arises; and
            (2) if the Administration considers that a claim in excess 
        of $25,000 is meritorious and would otherwise be covered by 
        this subsection, to report the facts and circumstances to 
        Congress for its consideration.
Sec. 314. International cooperation
    The Administration, under the foreign policy guidance of the 
President, may engage in a program of international cooperation in work 
done pursuant to this chapter, and in the peaceful application of the 
results thereof, pursuant to agreements made by the President with the 
advice and consent of the Senate.
Sec. 315. Reports to Congress
    (a) Presidential Report.--The President shall transmit to Congress 
in May of each year a report, which shall include--
            (1) a comprehensive description of the programmed 
        activities and the accomplishments of all agencies of the 
        United States in the field of aeronautics and space activities 
        during the preceding fiscal year; and
            (2) an evaluation of such activities and accomplishments in 
        terms of the attainment of, or the failure to attain, the 
        objectives described in section 302(d) of this title.
    (b) Recommendations for Additional Legislation.--Any report made 
under this section shall contain such recommendations for additional 
legislation as the Administrator or the President may consider 
necessary or desirable for the attainment of the objectives described 
in section 302(d) of this title.
    (c) Classified Information.--No information that has been 
classified for reasons of national security shall be included in any 
report made under this section, unless the information has been 
declassified by, or pursuant to authorization given by, the President.
Sec. 316. Disposal of excess land
    Notwithstanding the provisions of this or any other law, the 
Administration may not report to a disposal agency as excess to the 
needs of the Administration any land having an estimated value in 
excess of $50,000 that is owned by the United States and under the 
jurisdiction and control of the Administration, unless--
            (1) a period of 30 days has passed after the receipt by the 
        Speaker and the Committee on Science of the House of 
        Representatives and the President and the Committee on 
        Commerce, Science, and Transportation of the Senate of a report 
        by the Administrator or the Administrator's designee containing 
        a full and complete statement of the action proposed to be 
        taken and the facts and circumstances relied upon in support of 
        such action; or
            (2) each such committee before the expiration of that 
        period has transmitted to the Administrator written notice to 
        the effect that the committee has no objection to the proposed 
        action.

           SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS

Sec. 331. Public access to information
    (a) Public Inspection.--Information obtained or developed by the 
Administrator in the performance of the Administrator's functions under 
this chapter shall be made available for public inspection, except 
information--
            (1) authorized or required by Federal statute to be 
        withheld;
            (2) classified to protect the national security; or
            (3) described in subsection (b).
    (b) Special Handling of Secret or Confidential Information.--
            (1) In general.--The Administrator, for a period of up to 5 
        years after the development of information described in 
        paragraph (2), may provide appropriate protections against the 
        dissemination of such information, including exemption from 
        subchapter II of chapter 5 of title 5.
            (2) Information described.--Information referred to in 
        paragraph (1) is information that results from activities 
        conducted under an agreement entered into under subsections (e) 
        and (f) of section 313 of this title, and that would be a trade 
        secret or commercial or financial information that is 
        privileged or confidential under the meaning of section 
        552(b)(4) of title 5 if the information had been obtained from 
        a non-Federal party participating in such an agreement.
    (c) Committees of Congress.--Nothing in this chapter authorizes the 
withholding of information by the Administrator from the duly 
authorized committees of Congress.
Sec. 332. Security requirements
    The Administrator shall establish such security requirements, 
restrictions, and safeguards as the Administrator deems necessary in 
the interest of the national security. The Administrator may arrange 
with the Director of the Office of Personnel Management for the conduct 
of such security or other personnel investigations of the 
Administration's officers, employees, and consultants, and its 
contractors and subcontractors and their officers and employees, actual 
or prospective, as the Administrator deems appropriate. If any such 
investigation develops any data reflecting that the individual who is 
the subject of the investigation is of questionable loyalty, the matter 
shall be referred to the Federal Bureau of Investigation for the 
conduct of a full field investigation, the results of which shall be 
furnished to the Administrator.
Sec. 333. Permission to carry firearms
    As the Administrator deems necessary in the public interest, the 
Administrator may--
            (1) direct officers and employees of the Administration to 
        carry firearms while in the conduct of their official duties; 
        and
            (2) authorize employees of contractors and subcontractors 
        of the Administration who are engaged in the protection of 
        property owned by the United States, and located at facilities 
        owned by or contracted to the United States, to carry firearms 
        while in the conduct of their official duties.
Sec. 334. Arrest authority
    Under regulations prescribed by the Administrator and approved by 
the Attorney General, employees of the Administration and of its 
contractors and subcontractors authorized to carry firearms under 
section 333 of this title may arrest without warrant for any offense 
against the United States committed in their presence, or for any 
felony cognizable under the laws of the United States if they have 
reasonable grounds to believe that the person to be arrested has 
committed or is committing such felony. Persons granted authority to 
make arrests by this section may exercise that authority only while 
guarding and protecting property owned or leased by, or under the 
control of, the United States under the administration and control of 
the Administration or one of its contractors or subcontractors, at 
facilities owned by or contracted to the Administration.
Sec. 335. Property rights in inventions
    (a) Definitions.--In this section:
            (1) Contract.--The term ``contract'' means any actual or 
        proposed contract, agreement, understanding, or other 
        arrangement, and includes any assignment, substitution of 
        parties, or subcontract executed or entered into thereunder.
            (2) Made.--The term ``made'', when used in relation to any 
        invention, means the conception or first actual reduction to 
        practice of such invention.
            (3) Person.--The term ``person'' means any individual, 
        partnership, corporation, association, institution, or other 
        entity.
    (b) Exclusive Property of United States.--
            (1) In general.--An invention shall be the exclusive 
        property of the United States if it is made in the performance 
        of any work under any contract of the Administration, and the 
        Administrator determines that--
                    (A) the person who made the invention was employed 
                or assigned to perform research, development, or 
                exploration work and the invention is related to the 
                work the person was employed or assigned to perform, or 
                was within the scope of the person's employment duties, 
                whether or not it was made during working hours, or 
                with a contribution by the Government of the use of 
                Government facilities, equipment, materials, allocated 
                funds, information proprietary to the Government, or 
                services of Government employees during working hours; 
                or
                    (B) the person who made the invention was not 
                employed or assigned to perform research, development, 
                or exploration work, but the invention is nevertheless 
                related to the contract, or to the work or duties the 
                person was employed or assigned to perform, and was 
                made during working hours, or with a contribution from 
                the Government of the sort referred to in subparagraph 
                (A).
            (2) Patent to united states.--If an invention is the 
        exclusive property of the United States under paragraph (1), 
        and if such invention is patentable, a patent therefor shall be 
        issued to the United States upon application made by the 
        Administrator, unless the Administrator waives all or any part 
        of the rights of the United States to such invention in 
        conformity with the provisions of subsection (g).
    (c) Contract Provisions for Furnishing Reports of Inventions, 
Discoveries, Improvements, or Innovations.--Each contract entered into 
by the Administrator with any party for the performance of any work 
shall contain effective provisions under which the party shall furnish 
promptly to the Administrator a written report containing full and 
complete technical information concerning any invention, discovery, 
improvement, or innovation which may be made in the performance of any 
such work.
    (d) Patent Application.--No patent may be issued to any applicant 
other than the Administrator for any invention which appears to the 
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office (hereafter in this 
section referred to as the ``Director'') to have significant utility in 
the conduct of aeronautical and space activities unless the applicant 
files with the Director, with the application or within 30 days after 
request therefor by the Director, a written statement executed under 
oath setting forth the full facts concerning the circumstances under 
which the invention was made and stating the relationship (if any) of 
the invention to the performance of any work under any contract of the 
Administration. Copies of each such statement and the application to 
which it relates shall be transmitted forthwith by the Director to the 
Administrator.
    (e) Issuance of Patent to Applicant.--Upon any application as to 
which any such statement has been transmitted to the Administrator, the 
Director may, if the invention is patentable, issue a patent to the 
applicant unless the Administrator, within 90 days after receipt of the 
application and statement, requests that the patent be issued to the 
Administrator on behalf of the United States. If, within such time, the 
Administrator files such a request with the Director, the Director 
shall transmit notice thereof to the applicant, and shall issue such 
patent to the Administrator unless the applicant within 30 days after 
receipt of the notice requests a hearing before the Board of Patent 
Appeals and Interferences on the question whether the Administrator is 
entitled under this section to receive the patent. The Board may hear 
and determine, in accordance with rules and procedures established for 
interference cases, the question so presented, and its determination 
shall be subject to appeal by the applicant or by the Administrator to 
the United States Court of Appeals for the Federal Circuit in 
accordance with procedures governing appeals from decisions of the 
Board of Patent Appeals and Interferences in other proceedings.
    (f) Subsequent Transfer of Patent in Case of False 
Representations.--Whenever a patent has been issued to an applicant in 
conformity with subsection (e), and the Administrator thereafter has 
reason to believe that the statement filed by the applicant in 
connection with the patent contained a false representation of a 
material fact, the Administrator, within 5 years after the date of 
issuance of the patent, may file with the Director a request for the 
transfer to the Administrator of title to the patent on the records of 
the Director. Notice of any such request shall be transmitted by the 
Director to the owner of record of the patent, and title to the patent 
shall be so transferred to the Administrator unless, within 30 days 
after receipt of notice, the owner of record requests a hearing before 
the Board of Patent Appeals and Interferences on the question whether 
any such false representation was contained in the statement filed in 
connection with the patent. The question shall be heard and determined, 
and the determination shall be subject to review, in the manner 
prescribed by subsection (e) for questions arising thereunder. A 
request made by the Administrator under this subsection for the 
transfer of title to a patent, and prosecution for the violation of any 
criminal statute, shall not be barred by the failure of the 
Administrator to make a request under subsection (e) for the issuance 
of the patent to the Administrator, or by any notice previously given 
by the Administrator stating that the Administrator had no objection to 
the issuance of the patent to the applicant.
    (g) Waiver of Rights to Inventions.--Under such regulations in 
conformity with this subsection as the Administrator shall prescribe, 
the Administrator may waive all or any part of the rights of the United 
States under this section with respect to any invention or class of 
inventions made or which may be made by any person or class of persons 
in the performance of any work required by any contract of the 
Administration if the Administrator determines that the interests of 
the United States will be served thereby. Any such waiver may be made 
upon such terms and under such conditions as the Administrator shall 
determine to be required for the protection of the interests of the 
United States. Each such waiver made with respect to any invention 
shall be subject to the reservation by the Administrator of an 
irrevocable, nonexclusive, nontransferable, royalty-free license for 
the practice of such invention throughout the world by or on behalf of 
the United States or any foreign government pursuant to any treaty or 
agreement with the United States. Each proposal for any waiver under 
this subsection shall be referred to an Inventions and Contributions 
Board which shall be established by the Administrator within the 
Administration. Such Board shall accord to each interested party an 
opportunity for hearing, and shall transmit to the Administrator its 
findings of fact with respect to such proposal and its recommendations 
for action to be taken with respect thereto.
    (h) Protection of Title.--The Administrator is authorized to take 
all suitable and necessary steps to protect any invention or discovery 
to which the Administrator has title, and to require contractors or 
persons who retain title to inventions or discoveries under this 
section to protect the inventions or discoveries to which the 
Administration has or may acquire a license of use.
    (i) Administration as Defense Agency.--The Administration shall be 
considered a defense agency of the United States for the purpose of 
chapter 17 of title 35.
    (j) Objects Intended for Launch, Launched, or Assembled in Outer 
Space.--Any object intended for launch, launched, or assembled in outer 
space shall be considered a vehicle for the purpose of section 272 of 
title 35.
    (k) Use or Manufacture of Patented Inventions Incorporated in Space 
Vehicles Launched for Persons Other Than United States.--The use or 
manufacture of any patented invention incorporated in a space vehicle 
launched by the United States Government for a person other than the 
United States shall not be considered to be a use or manufacture by or 
for the United States within the meaning of section 1498(a) of title 
28, unless the Administration gives an express authorization or consent 
for such use or manufacture.
Sec. 336. Contributions awards
    (a) Applications.--Subject to the provisions of this section, the 
Administrator is authorized, on the Administrator's own initiative or 
on application of any person, to make a monetary award, in an amount 
and on terms the Administrator determines to be warranted, to any 
person (as defined by section 335(a) of this title) for any scientific 
or technical contribution to the Administration which is determined by 
the Administrator to have significant value in the conduct of 
aeronautical and space activities. Each application made for such an 
award shall be referred to the Inventions and Contributions Board 
established under section 335 of this title. Such Board shall accord to 
each applicant an opportunity for hearing on the application, and shall 
transmit to the Administrator its recommendation as to the terms of the 
award, if any, to be made to the applicant for the contribution. In 
determining the terms and conditions of an award the Administrator 
shall take into account--
            (1) the value of the contribution to the United States;
            (2) the aggregate amount of any sums which have been 
        expended by the applicant for the development of the 
        contribution;
            (3) the amount of any compensation (other than salary 
        received for services rendered as an officer or employee of the 
        Government) previously received by the applicant for or on 
        account of the use of the contribution by the United States; 
        and
            (4) any other factors the Administrator determines to be 
        material.
    (b) Apportionment of Awards.--If more than one applicant under 
subsection (a) claims an interest in the same contribution, the 
Administrator shall ascertain and determine the respective interests of 
the applicants, and shall apportion any award to be made among the 
applicants in amounts the Administrator determines to be equitable.
    (c) Surrender of Other Claims.--No award may be made under 
subsection (a) unless the applicant surrenders, by means the 
Administrator determines to be effective, all claims that the applicant 
may have to receive any compensation (other than the award made under 
this section) for the use of the contribution or any element thereof at 
any time by or on behalf of the United States, or by or on behalf of 
any foreign government pursuant to a treaty or agreement with the 
United States, within the United States or at any other place.
    (d) Report and Waiting Period.--No award may be made under 
subsection (a) in an amount exceeding $100,000 unless the Administrator 
transmits to the appropriate committees of Congress a full and complete 
report concerning the amount and terms of, and the basis for, the 
proposed award, and a period of 30 calendar days of regular session of 
Congress expires after receipt of the report by the committees.
Sec. 337. Malpractice and negligence suits against United States
    (a) Exclusive Remedy.--The remedy against the United States 
provided by sections 1346(b) and 2672 of title 28, for damages for 
personal injury, including death, caused by the negligent or wrongful 
act or omission of any physician, dentist, nurse, pharmacist, or 
paramedical or other supporting personnel (including medical and dental 
technicians, nursing assistants, and therapists) of the Administration 
in the performance of medical, dental, or related health care functions 
(including clinical studies and investigations) while acting within the 
scope of such person's duties or employment therein or therefor shall 
be exclusive of any other civil action or proceeding by reason of the 
same subject matter against such person (or the estate of such person) 
whose act or omission gave rise to the action or proceeding.
    (b) Attorney General To Defend any Civil Action or Proceeding for 
Malpractice or Negligence.--The Attorney General shall defend any civil 
action or proceeding brought in any court against any person referred 
to in subsection (a) (or the estate of such person) for any such 
injury. Any such person against whom such civil action or proceeding is 
brought shall deliver within such time after date of service or 
knowledge of service as determined by the Attorney General, all process 
served upon such person or an attested true copy thereof to such 
person's immediate superior or to whomever was designated by the 
Administrator to receive such papers. Such person shall promptly 
furnish copies of the pleading and process therein to the United States 
Attorney for the district embracing the place wherein the proceeding is 
brought, to the Attorney General, and to the Administrator.
    (c) Removal of Actions.--Upon a certification by the Attorney 
General that any person described in subsection (a) was acting in the 
scope of such person's duties or employment at the time of the incident 
out of which the suit arose, any such civil action or proceeding 
commenced in a State court shall be removed without bond at any time 
before trial by the Attorney General to the district court of the 
United States of the district and division embracing the place wherein 
it is pending and the proceeding deemed a tort action brought against 
the United States under the provisions of title 28, and all references 
thereto. Should a district court of the United States determine, on a 
hearing on a motion to remand held before a trial on the merits, that 
the case so removed is one in which a remedy by suit within the meaning 
of subsection (a) is not available against the United States, the case 
shall be remanded to the State court.
    (d) Compromise or Settlement of Claims.--The Attorney General may 
compromise or settle any claim asserted in such civil action or 
proceeding in the manner provided in section 2677 of title 28, and with 
the same effect.
    (e) Applicability of Other Provisions of Law.--For purposes of this 
section, the provisions of section 2680(h) of title 28 shall not apply 
to any cause of action arising out of a negligent or wrongful act or 
omission in the performance of medical, dental, or related health care 
functions (including clinical studies and investigations).
    (f) Liability Insurance for Persons Assigned to Foreign Countries 
or Non-Federal Agencies.--The Administrator or the Administrator's 
designee may, to the extent that the Administrator or the designee 
deems appropriate, hold harmless or provide liability insurance for any 
person described in subsection (a) for damages for personal injury, 
including death, caused by such person's negligent or wrongful act or 
omission in the performance of medical, dental, or related health care 
functions (including clinical studies and investigations) while acting 
within the scope of such person's duties if such person is assigned to 
a foreign country or detailed for service with other than a Federal 
department, agency, or instrumentality or if the circumstances are such 
as are likely to preclude the remedies of third persons against the 
United States described in section 2679(b) of title 28, for such damage 
or injury.
Sec. 338. Insurance and indemnification
    (a) Definitions.--In this section:
            (1) Space vehicle.--The term ``space vehicle'' means an 
        object intended for launch, launched, or assembled in outer 
        space, including the space shuttle and other components of a 
        space transportation system, together with related equipment, 
        devices, components, and parts.
            (2) Third party.--The term ``third party'' means any person 
        who may institute a claim against a user for death, bodily 
        injury, or loss of or damage to property.
            (3) User.--The term ``user'' includes anyone who enters 
        into an agreement with the Administration for use of all or a 
        portion of a space vehicle, who owns or provides property to be 
        flown on a space vehicle, or who employs a person to be flown 
        on a space vehicle.
    (b) Authorization.--The Administration is authorized on such terms 
and to the extent it may deem appropriate to provide liability 
insurance for any user of a space vehicle to compensate all or a 
portion of claims by third parties for death, bodily injury, or loss of 
or damage to property resulting from activities carried on in 
connection with the launch, operations, or recovery of the space 
vehicle. Appropriations available to the Administration may be used to 
acquire such insurance, but such appropriations shall be reimbursed to 
the maximum extent practicable by the users under reimbursement 
policies established pursuant to section 313 of this title.
    (c) Indemnification.--Under such regulations in conformity with 
this section as the Administrator shall prescribe taking into account 
the availability, cost, and terms of liability insurance, any agreement 
between the Administration and a user of a space vehicle may provide 
that the United States will indemnify the user against claims 
(including reasonable expenses of litigation or settlement) by third 
parties for death, bodily injury, or loss of or damage to property 
resulting from activities carried on in connection with the launch, 
operations, or recovery of the space vehicle, but only to the extent 
that such claims are not compensated by liability insurance of the 
user. Such indemnification may be limited to claims resulting from 
other than the actual negligence or willful misconduct of the user.
    (d) Terms of Indemnification Agreement.--An agreement made under 
subsection (c) that provides indemnification must also provide for--
            (1) notice to the United States of any claim or suit 
        against the user for the death, bodily injury, or loss of or 
        damage to the property; and
            (2) control of or assistance in the defense by the United 
        States, at its election, of that suit or claim.
    (e) Certification of Just and Reasonable Amount.--No payment may be 
made under subsection (c) unless the Administrator or the 
Administrator's designee certifies that the amount is just and 
reasonable.
    (f) Payments.--Upon the approval by the Administrator, payments 
under subsection (c) may be made, at the Administrator's election, 
either from funds available for research and development not otherwise 
obligated or from funds appropriated for such payments.
Sec. 339. Insurance for experimental aerospace vehicles
    (a) Definitions.--In this section:
            (1) Cooperating party.--The term ``cooperating party'' 
        means any person who enters into an agreement with the 
        Administration for the performance of cooperative scientific, 
        aeronautical, or space activities to carry out the purposes of 
        this chapter.
            (2) Developer.--The term ``developer'' means a United 
        States person (other than a natural person) who--
                    (A) is a party to an agreement with the 
                Administration for the purpose of developing new 
                technology for an experimental aerospace vehicle;
                    (B) owns or provides property to be flown or 
                situated on that vehicle; or
                    (C) employs a natural person to be flown on that 
                vehicle.
            (3) Experimental aerospace vehicle.--The term 
        ``experimental aerospace vehicle'' means an object intended to 
        be flown in, or launched into, orbital or suborbital flight for 
        the purpose of demonstrating technologies necessary for a 
        reusable launch vehicle, developed under an agreement between 
        the Administration and a developer.
            (4) Related entity.--The term ``related entity'' includes a 
        contractor or subcontractor at any tier, a supplier, a grantee, 
        and an investigator or detailee.
    (b) In General.--The Administrator may provide liability insurance 
for, or indemnification to, the developer of an experimental aerospace 
vehicle developed or used in execution of an agreement between the 
Administration and the developer.
    (c) Terms and Conditions.--
            (1) In general.--Except as otherwise provided in this 
        section, the insurance and indemnification provided by the 
        Administration under subsection (b) to a developer shall be 
        provided on the same terms and conditions as insurance and 
        indemnification is provided by the Administration under section 
        338 of this title to the user of a space vehicle.
            (2) Insurance.--
                    (A) In general.--A developer shall obtain liability 
                insurance or demonstrate financial responsibility in 
                amounts to compensate for the maximum probable loss 
                from claims by--
                            (i) a third party for death, bodily injury, 
                        or property damage, or loss resulting from an 
                        activity carried out in connection with the 
                        development or use of an experimental aerospace 
                        vehicle; and
                            (ii) the United States Government for 
                        damage or loss to Government property resulting 
                        from such an activity.
                    (B) Maximum required.--The Administrator shall 
                determine the amount of insurance required, but, except 
                as provided in subparagraph (C), that amount shall not 
                be greater than the amount required under section 
                70112(a)(3) of title 49 for a launch. The Administrator 
                shall publish notice of the Administrator's 
                determination and the applicable amount or amounts in 
                the Federal Register within 10 days after making the 
                determination.
                    (C) Increase in dollar amounts.--The Administrator 
                may increase the dollar amounts set forth in section 
                70112(a)(3)(A) of title 49 for the purpose of applying 
                that section under this section to a developer after 
                consultation with the Comptroller General and such 
                experts and consultants as may be appropriate, and 
                after publishing notice of the increase in the Federal 
                Register not less than 180 days before the increase 
                goes into effect. The Administrator shall make 
                available for public inspection, not later than the 
                date of publication of such notice, a complete record 
                of any correspondence received by the Administration, 
                and a transcript of any meetings in which the 
                Administration participated, regarding the proposed 
                increase.
                    (D) Safety review required before administrator 
                provides insurance.--The Administrator may not provide 
                liability insurance or indemnification under subsection 
                (b) unless the developer establishes to the 
                satisfaction of the Administrator that appropriate 
                safety procedures and practices are being followed in 
                the development of the experimental aerospace vehicle.
            (3) No indemnification without cross-waiver.--
        Notwithstanding subsection (b), the Administrator may not 
        indemnify a developer of an experimental aerospace vehicle 
        under this section unless there is an agreement between the 
        Administration and the developer described in subsection (d).
            (4) Application of certain procedures.--If the 
        Administrator requests additional appropriations to make 
        payments under this section, like the payments that may be made 
        under section 338(c) of this title, then the request for those 
        appropriations shall be made in accordance with the procedures 
        established by subsections (d) and (e) of section 70113 of 
        title 49.
    (d) Cross-Waivers.--
            (1) Administrator authorized to waive.--The Administrator, 
        on behalf of the United States, and its departments, agencies, 
        and instrumentalities, may reciprocally waive claims with a 
        developer or cooperating party and with the related entities of 
        that developer or cooperating party under which each party to 
        the waiver agrees to be responsible, and agrees to ensure that 
        its own related entities are responsible, for damage or loss to 
        its property for which it is responsible, or for losses 
        resulting from any injury or death sustained by its own 
        employees or agents, as a result of activities connected to the 
        agreement or use of the experimental aerospace vehicle.
            (2) Limitations.--
                    (A) Claims.--A reciprocal waiver under paragraph 
                (1) may not preclude a claim by any natural person 
                (including a natural person who is an employee of the 
                United States, the developer, the cooperating party, or 
                their respective subcontractors) or that natural 
                person's estate, survivors, or subrogees for injury or 
                death, except with respect to a subrogee that is a 
                party to the waiver or has otherwise agreed to be bound 
                by the terms of the waiver.
                    (B) Liability for negligence.--A reciprocal waiver 
                under paragraph (1) may not absolve any party of 
                liability to any natural person (including a natural 
                person who is an employee of the United States, the 
                developer, the cooperating party, or their respective 
                subcontractors) or such a natural person's estate, 
                survivors, or subrogees for negligence, except with 
                respect to a subrogee that is a party to the waiver or 
                has otherwise agreed to be bound by the terms of the 
                waiver.
                    (C) Indemnification for damages.--A reciprocal 
                waiver under paragraph (1) may not be used as the basis 
                of a claim by the Administration, or the developer or 
                cooperating party, for indemnification against the 
                other for damages paid to a natural person, or that 
                natural person's estate, survivors, or subrogees, for 
                injury or death sustained by that natural person as a 
                result of activities connected to the agreement or use 
                of the experimental aerospace vehicle.
                    (D) Willful misconduct.--A reciprocal waiver under 
                paragraph (1) may not relieve the United States, the 
                developer, the cooperating party, or the related 
                entities of the developer or cooperating party, of 
                liability for damage or loss resulting from willful 
                misconduct.
            (3) Effect on previous waivers.--This subsection applies to 
        any waiver of claims entered into by the Administration without 
        regard to the date on which the Administration entered into the 
        waiver.
    (e) Relationship to Other Laws.--
            (1) Section 338.--This section does not apply to any 
        object, transaction, or operation to which section 338 of this 
        title applies.
            (2) Chapter 701 of title 49.--The Administrator may not 
        provide indemnification to a developer under this section for 
        launches subject to license under section 70117(g)(1) of title 
        49.
    (f) Termination.--
            (1) In general.--The provisions of this section shall 
        terminate on December 31, 2002, except that the Administrator 
        may extend the termination date to a date not later than 
        September 30, 2005, if the Administrator determines that such 
        extension is in the interests of the United States.
            (2) Effect of termination on agreement.--The termination of 
        this section shall not terminate or otherwise affect any cross-
        waiver agreement, insurance agreement, indemnification 
        agreement, or other agreement entered into under this section, 
        except as may be provided in that agreement.
Sec. 340. Appropriations
    (a) Authorization.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this chapter, except 
        that nothing in this chapter shall authorize the appropriation 
        of any amount for--
                    (A) the acquisition or condemnation of any real 
                property; or
                    (B) any other item of a capital nature (such as 
                plant or facility acquisition, construction, or 
                expansion) which exceeds $250,000.
            (2) Availability.--Sums appropriated pursuant to this 
        subsection for the construction of facilities, or for research 
        and development activities, shall remain available until 
        expended.
    (b) Use of Funds for Emergency Repairs of Existing Facilities.--Any 
funds appropriated for the construction of facilities may be used for 
emergency repairs of existing facilities when such existing facilities 
are made inoperative by major breakdown, accident, or other 
circumstances and such repairs are deemed by the Administrator to be of 
greater urgency than the construction of new facilities.
    (c) Termination.--Notwithstanding any other provision of law, the 
authorization of any appropriation to the Administration shall expire 
(unless an earlier expiration is specifically provided) at the close of 
the third fiscal year following the fiscal year in which the 
authorization was enacted, to the extent that such appropriation has 
not theretofore actually been made.
Sec. 341. Misuse of agency name and initials
    (a) In General.--No person (as defined by section 335(a) of this 
title) may knowingly use the words ``National Aeronautics and Space 
Administration'' or the letters ``NASA'', or any combination, 
variation, or colorable imitation of those words or letters either 
alone or in combination with other words or letters--
            (1) as a firm or business name in a manner reasonably 
        calculated to convey the impression that the firm or business 
        has some connection with, endorsement of, or authorization 
        from, the Administration which does not, in fact, exist; or
            (2) in connection with any product or service being offered 
        or made available to the public in a manner reasonably 
        calculated to convey the impression that the product or service 
        has the authorization, support, sponsorship, or endorsement of, 
        or the development, use, or manufacture by or on behalf of the 
        Administration which does not, in fact, exist.
    (b) Civil Proceeding To Enjoin.--Whenever it appears to the 
Attorney General that any person is engaged in an act or practice which 
constitutes or will constitute conduct prohibited by subsection (a), 
the Attorney General may initiate a civil proceeding in a district 
court of the United States to enjoin such act or practice.
Sec. 342. Contracts regarding expendable launch vehicles
    (a) Commitments Beyond Available Appropriations.--The Administrator 
may enter into contracts for expendable launch vehicle services that 
are for periods in excess of the period for which funds are otherwise 
available for obligation, provide for the payment for contingent 
liability which may accrue in excess of available appropriations in the 
event the Federal Government for its convenience terminates such 
contracts, and provide for advance payments reasonably related to 
launch vehicle and related equipment, fabrication, and acquisition 
costs, if any such contract limits the amount of the payments that the 
Government is allowed to make under such contract to amounts provided 
in advance in appropriation Acts. Such contracts may be limited to 
sources within the United States when the Administrator determines that 
such limitation is in the public interest.
    (b) Termination if Funds Not Available.--If funds are not available 
to continue any such contract, the contract shall be terminated for the 
convenience of the Government, and the costs of such contract shall be 
paid from appropriations originally available for performance of the 
contract, from other unobligated appropriations currently available for 
the procurement of launch services, or from funds appropriated for such 
payments.
Sec. 343. Full cost appropriations account structure
    (a) Designation of Accounts for Appropriations.--Appropriations for 
the Administration shall be made in 3 accounts, ``Exploration 
capabilities'', ``Science, aeronautics and exploration'', and an 
account for amounts appropriated for the necessary expenses of the 
Office of Inspector General. Appropriations shall remain available for 
2 fiscal years. Each account shall include the planned full costs of 
the Administration's related activities.
    (b) Transfers Among Accounts.--To ensure the safe, timely, and 
successful accomplishment of Administration missions, the 
Administration may transfer among accounts as necessary, amounts for--
            (1) Federal salaries and benefits;
            (2) training, travel, and awards;
            (3) facility and related costs;
            (4) information technology services;
            (5) publishing services;
            (6) science, engineering, fabricating, and testing 
        services; and
            (7) other administrative services.
    (c) Transfer of Unexpired Balances.--The unexpired balances of 
prior appropriations to the Administration for activities authorized 
under this chapter may be transferred to the new account established 
for such activity in subsection (a). Balances so transferred may be 
merged with funds in the newly established account and thereafter may 
be accounted for as one fund under the same terms and conditions.
Sec. 344. Enhanced-use lease of real property demonstration
    (a) In General.--Notwithstanding any other provision of law, the 
Administrator may enter into a lease under this section with any person 
or entity (including another department or agency of the Federal 
Government or an entity of a State or local government) with regard to 
any real property under the jurisdiction of the Administrator at no 
more than 2 Administration centers.
    (b) Consideration.--
            (1) Amount.--A person or entity entering into a lease under 
        this section shall provide consideration for the lease at fair 
        market value as determined by the Administrator, except that in 
        the case of a lease to another department or agency of the 
        Federal Government, that department or agency shall provide 
        consideration for the lease equal to the full costs to the 
        Administration in connection with the lease.
            (2) Form.--Consideration under this subsection may take one 
        or a combination of the following forms:
                    (A) The payment of cash.
                    (B) The maintenance, construction, modification, or 
                improvement of facilities on real property under the 
                jurisdiction of the Administrator.
                    (C) The provision of services to the 
                Administration, including launch services and payload 
                processing services.
                    (D) The use by the Administration of facilities on 
                the property.
            (3) Cash consideration.--
                    (A) Utilization.--The Administrator may utilize 
                amounts of cash consideration received under this 
                subsection for a lease entered into under this section 
                to cover the full costs to the Administration in 
                connection with the lease. These funds shall remain 
                available until expended.
                    (B) Amounts not utilized.--Any amounts of cash 
                consideration received under this subsection that are 
                not utilized in accordance with subparagraph (A) shall 
                be deposited in a capital asset account to be 
                established by the Administrator, shall be available 
                for maintenance, capital revitalization, and 
                improvements of the real property assets of the centers 
                selected for this demonstration program, and shall 
                remain available until expended.
    (c) Additional Terms and Conditions.--The Administrator may require 
such terms and conditions in connection with a lease under this section 
as the Administrator considers appropriate to protect the interests of 
the United States.
    (d) Relationship to Other Lease Authority.--The authority under 
this section to lease property of the Administration is in addition to 
any other authority to lease property of the Administration under law.
    (e) Lease Restrictions.--The Administration is not authorized to 
lease back property under this section during the term of the out-lease 
or enter into other contracts with the lessee respecting the property.
    (f) Plan and Reporting Requirements.--At least 15 days prior to the 
Administrator entering into the first lease under this section, the 
Administrator shall submit a plan to Congress on the Administration's 
proposed implementation of this demonstration. The Administrator shall 
submit an annual report by January 31 of each year regarding the status 
of the demonstration.

                SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH

Sec. 361. Congressional declaration of purpose and policy
    (a) Purpose.--The purpose of this subchapter is to authorize and 
direct the Administration to develop and carry out a comprehensive 
program of research, technology, and monitoring of the phenomena of the 
upper atmosphere so as to provide for an understanding of and to 
maintain the chemical and physical integrity of the Earth's upper 
atmosphere.
    (b) Policy.--Congress declares that it is the policy of the United 
States to undertake an immediate and appropriate research, technology, 
and monitoring program that will provide for understanding the physics 
and chemistry of the Earth's upper atmosphere.
Sec. 362. Definition of upper atmosphere
    In this subchapter, the term ``upper atmosphere'' means that 
portion of the Earth's sensible atmosphere above the troposphere.
Sec. 363. Program authorized
    (a) In General.--In order to carry out the purposes of this 
subchapter, the Administration, in cooperation with other Federal 
agencies, shall initiate and carry out a program of research, 
technology, monitoring, and other appropriate activities directed to 
understand the physics and chemistry of the upper atmosphere.
    (b) Activities.--In carrying out the provisions of this subchapter, 
the Administration shall--
            (1) arrange for participation by the scientific and 
        engineering community, of both the Nation's industrial 
        organizations and institutions of higher education, in planning 
        and carrying out appropriate research, in developing necessary 
        technology, and in making necessary observations and 
        measurements;
            (2) provide, by way of grant, contract, scholarships, or 
        other arrangements, to the maximum extent practicable and 
        consistent with other laws, for the widest practicable and 
        appropriate participation of the scientific and engineering 
        community in the program authorized by this subchapter; and
            (3) make all results of the program authorized by this 
        subchapter available to the appropriate regulatory agencies and 
        provide for the widest practicable dissemination of such 
        results.
Sec. 364. International cooperation
    In carrying out the provisions of this subchapter, the 
Administration, subject to the direction of the President and after 
consultation with the Secretary of State, shall make every effort to 
enlist the support and cooperation of appropriate scientists and 
engineers of other countries and international organizations.

          CHAPTER 5--ADJUNCT NATIONAL SPACE 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.
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.

                 SUBCHAPTER I--APPROPRIATIONS AND FUNDS

Sec. 501. Prior authorization of appropriations required
    Notwithstanding the provisions of any other law, no appropriation 
may be made to the Administration unless previously authorized by 
legislation enacted by Congress.
Sec. 502. Working capital fund
    (a) Establishment.--There is hereby established in the United 
States Treasury an Administration working capital fund.
    (b) Availability of Amounts.--
            (1) In general.--Amounts in the fund are available for 
        financing activities, services, equipment, information, and 
        facilities as authorized by law to be provided--
                    (A) within the Administration;
                    (B) to other agencies or instrumentalities of the 
                United States;
                    (C) to any State, Territory, or possession or 
                political subdivision thereof;
                    (D) to other public or private agencies; or
                    (E) to any person, firm, association, corporation, 
                or educational institution on a reimbursable basis.
            (2) Capital repairs.--The fund shall also be available for 
        the purpose of funding capital repairs, renovations, 
        rehabilitation, sustainment, demolition, or replacement of 
        Administration real property, on a reimbursable basis within 
        the Administration.
            (3) No fiscal year limitation.--Amounts in the fund are 
        available without regard to fiscal year limitation.
    (c) Contents.--The capital of the fund consists of--
            (1) amounts appropriated to the fund;
            (2) the reasonable value of stocks of supplies, equipment, 
        and other assets and inventories on order that the 
        Administrator transfers to the fund, less the related 
        liabilities and unpaid obligations; and
            (3) payments received for loss or damage to property of the 
        fund.
    (d) Reimbursement.--The fund shall be reimbursed, in advance, for 
supplies and services at rates that will approximate the expenses of 
operation, such as the accrual of annual leave, depreciation of plant, 
property, and equipment, and overhead.

              SUBCHAPTER II--CONTRACT AND LEASE AUTHORITY

Sec. 511. Guaranteed customer base
    No amount appropriated to the Administration may be used to fund 
grants, contracts, or other agreements with an expected duration of 
more than one year, when a primary effect of the grant, contract, or 
agreement is to provide a guaranteed customer base for or establish an 
anchor tenancy in new commercial space hardware or services unless an 
appropriations Act specifies the new commercial space hardware or 
services to be developed or used, or the grant, contract, or agreement 
is otherwise identified in such Act.
Sec. 512. Quality assurance personnel
    (a) Exclusion of Administration Personnel.--A person providing 
articles to the Administration under a contract entered into after 
December 9, 1991, may not exclude Administration quality assurance 
personnel from work sites except as provided in a contract provision 
that has been submitted to Congress as provided in subsection (b).
    (b) Contract Provisions.--The Administration shall not enter into 
any contract which permits the exclusion of Administration quality 
assurance personnel from work sites unless the Administrator has 
submitted a copy of the provision permitting such exclusion to Congress 
at least 60 days before entering into the contract.
Sec. 513. Tracking and data relay satellite services
    (a) Contracts.--The Administration is authorized, when so provided 
in an appropriation Act, to enter into and to maintain a contract for 
tracking and data relay satellite services. Such services shall be 
furnished to the Administration in accordance with applicable 
authorization and appropriations Acts. The Government shall incur no 
costs under such contract prior to the furnishing of such services 
except that the contract may provide for the payment for contingent 
liability of the Government which may accrue in the event the 
Government should decide for its convenience to terminate the contract 
before the end of the period of the contract. Facilities which may be 
required in the performance of the contract may be constructed on 
Government-owned lands if there is included in the contract a provision 
under which the Government may acquire title to the facilities, under 
terms and conditions agreed upon in the contract, upon termination of 
the contract.
    (b) Reports to Congress.--The Administrator shall in January of 
each year report to the Committee on Science and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate the projected aggregate contingent 
liability of the Government under termination provisions of any 
contract authorized in this section through the next fiscal year. The 
authority of the Administration to enter into and to maintain the 
contract authorized hereunder shall remain in effect unless repealed by 
legislation enacted by Congress.
Sec. 514. Award of contracts to small businesses and disadvantaged 
              individuals
    The Administrator shall annually establish a goal of at least 8 
percent of the total value of prime and subcontracts awarded in support 
of authorized programs, including the space station by the time 
operational status is obtained, which funds will be made available to 
small business concerns or other organizations owned or controlled by 
socially and economically disadvantaged individuals (within the meaning 
of paragraphs (5) and (6) of section 8(a) of the Small Business Act (15 
U.S.C. 637(a))), including Historically Black Colleges and Universities 
and minority educational institutions (as defined by the Secretary of 
Education pursuant to the General Education Provisions Act (20 U.S.C. 
1221 et seq.)).
Sec. 515. Foreign contract limitation
    The Administration shall not enter into any agreement or contract 
with a foreign government that grants the foreign government the right 
to recover profit in the event that the agreement or contract is 
terminated.

                   SUBCHAPTER III--COST EFFECTIVENESS

Sec. 531. Requirement for independent cost analysis
    (a) Definition of Phase B.--In this section, the term ``Phase B'' 
means the latter stages of project formulation, during which the final 
definition of a project is carried out and before project 
implementation (which includes the Design, Development, and Operations 
Phases) begins.
    (b) Requirement.--Before any funds may be obligated for Phase B of 
a project that is projected to cost more than $150,000,000 in total 
project costs, the Chief Financial Officer for the Administration shall 
conduct an independent life-cycle cost analysis of the project and 
shall report the results to Congress. In developing cost accounting and 
reporting standards for carrying out this section, the Chief Financial 
Officer shall, to the extent practicable and consistent with other 
laws, solicit the advice of experts outside of the Administration.
Sec. 532. Cost effectiveness calculations
    (a) Definition of Commercial Provider.--In this section, the term 
``commercial provider'' has the meaning given the term in section 3 of 
the National Aeronautics and Space Administration Authorization Act of 
2000 (Public Law 106-391, 114 Stat. 1579).
    (b) In General.--Except as otherwise required by law, in 
calculating the cost effectiveness of the cost of the Administration 
engaging in an activity as compared to a commercial provider, the 
Administrator shall compare the cost of the Administration engaging in 
the activity using full cost accounting principles with the price the 
commercial provider will charge for such activity.
Sec. 533. Use of abandoned and underutilized buildings, grounds, and 
              facilities
    (a) Definition of Depressed Communities.--In this section, the term 
``depressed communities'' means rural and urban communities that are 
relatively depressed, in terms of age of housing, extent of poverty, 
growth of per capita income, extent of unemployment, job lag, or 
surplus labor.
    (b) In General.--In any case in which the Administrator considers 
the purchase, lease, or expansion of a facility to meet requirements of 
the Administration, the Administrator shall consider whether those 
requirements could be met by the use of one of the following:
            (1) Abandoned or underutilized buildings, grounds, and 
        facilities in depressed communities that can be converted to 
        Administration usage at a reasonable cost, as determined by the 
        Administrator.
            (2) Any military installation that is closed or being 
        closed, or any facility at such an installation.
            (3) Any other facility or part of a facility that the 
        Administrator determines to be--
                    (A) owned or leased by the United States for the 
                use of another agency of the Federal Government; and
                    (B) considered by the head of the agency involved 
                to be--
                            (i) excess to the needs of that agency; or
                            (ii) underutilized by that agency.

                         SUBCHAPTER IV--AWARDS

Sec. 541. Congressional Space Medal of Honor
    (a) Authority To Award.--The President may award, and present in 
the name of Congress, a medal of appropriate design, which shall be 
known as the Congressional Space Medal of Honor, to any astronaut who 
in the performance of the astronaut's duties has distinguished himself 
or herself by exceptionally meritorious efforts and contributions to 
the welfare of the Nation and of humankind.
    (b) Appropriations.--There is authorized to be appropriated from 
time to time such sums of money as may be necessary to carry out the 
purposes of this section.

           SUBCHAPTER V--USE OF SPACE SHUTTLE OR ALTERNATIVES

Sec. 551. Recovery of fair value of placing Department of Defense 
              payloads in orbit with space shuttle
    Notwithstanding any other provision of law, or any interagency 
agreement, the Administrator shall charge such prices as are necessary 
to recover the fair value of placing Department of Defense payloads 
into orbit by means of the space shuttle.
Sec. 552. Payloads launched on Titan II launch vehicles
    The Secretary of Defense and the Administrator will jointly 
determine which payloads will be launched on Titan II launch vehicles 
and certify by notice to Congress that such launches are cost effective 
as compared to launches by the space shuttle and do not diminish the 
efficient and effective utilization of the space shuttle capability. 
This section may be waived only upon certification by the Secretary of 
Defense that certain classified payloads must be launched on the Titan 
II launch vehicle as opposed to the space shuttle, for national 
security reasons.
Sec. 553. Space shuttle use policy
    (a) Use Policy.--
            (1) In general.--
                    (A) Policy.--It shall be the policy of the United 
                States to use the space shuttle--
                            (i) for purposes that require a human 
                        presence;
                            (ii) for purposes that require the unique 
                        capabilities of the space shuttle; or
                            (iii) when other compelling circumstances 
                        exist.
                    (B) Definition of compelling circumstances.--In 
                this paragraph, the term ``compelling circumstances'' 
                includes, but is not limited to, occasions when the 
                Administrator determines, in consultation with the 
                Secretary of Defense and the Secretary of State, that 
                important national security or foreign policy interests 
                would be served by a shuttle launch.
            (2) Using available cargo space for secondary payloads.--
        The policy stated in paragraph (1) shall not preclude the use 
        of available cargo space, on a space shuttle mission otherwise 
        consistent with the policy described in paragraph (1), for the 
        purpose of carrying secondary payloads (as defined by the 
        Administrator) that do not require a human presence if such 
        payloads are consistent with the requirements of research, 
        development, demonstration, scientific, commercial, and 
        educational programs authorized by the Administrator.
    (b) Annual Report.--At least annually, the Administrator shall 
submit to Congress a report certifying that the payloads scheduled to 
be launched on the space shuttle for the next 4 years are consistent 
with the policy set forth in subsection (a)(1). For each payload 
scheduled to be launched from the space shuttle that does not require a 
human presence, the Administrator shall, in the certified report to 
Congress, state the specific circumstances that justified the use of 
the space shuttle. If, during the period between scheduled reports to 
Congress, any additions are made to the list of certified payloads 
intended to be launched from the shuttle, the Administrator shall 
inform Congress of the additions and the reasons therefor within 45 
days of the change.
    (c) Administration Payloads.--The report described in subsection 
(b) shall also include those Administration payloads designed solely to 
fly on the space shuttle which have begun the phase C/D of its 
development cycle.
Sec. 554. Commercial payloads on space shuttle
    (a) Definitions.--In this section:
            (1) Launch vehicle.--The term ``launch vehicle'' means any 
        vehicle constructed for the purpose of operating in, or placing 
        a payload in, outer space.
            (2) Payload.--The term ``payload'' means an object which a 
        person undertakes to place in outer space by means of a launch 
        vehicle, and includes subcomponents of the launch vehicle 
        specifically designed or adapted for that object.
    (b) In General.--Commercial payloads may not be accepted for launch 
as primary payloads on the space shuttle unless the Administrator 
determines that--
            (1) the payload requires the unique capabilities of the 
        space shuttle; or
            (2) launching of the payload on the space shuttle is 
        important for either national security or foreign policy 
        purposes.

 SUBCHAPTER VI--SHUTTLE PRICING POLICY FOR COMMERCIAL AND FOREIGN USERS

Sec. 561. Congressional findings and declarations
    Congress finds and declares that--
            (1) the Space Transportation System is a vital element of 
        the United States space program, contributing to the United 
        States leadership in space research, technology, and 
        development;
            (2) the Space Transportation System is the primary space 
        launch system for both United States national security and 
        civil government missions;
            (3) the Space Transportation System contributes to the 
        expansion of United States private sector investment and 
        involvement in space and therefore should serve commercial 
        users;
            (4) the availability of the Space Transportation System to 
        foreign users for peaceful purposes is an important means of 
        promoting international cooperative activities in the national 
        interest and in maintaining access to space for activities 
        which enhance the security and welfare of humankind;
            (5) the United States is committed to maintaining world 
        leadership in space transportation;
            (6) making the Space Transportation System fully 
        operational and cost effective in providing routine access to 
        space will maximize the national economic benefits of the 
        system; and
            (7) national goals and the objectives for the Space 
        Transportation System can be furthered by a stable and fair 
        pricing policy for the Space Transportation System.
Sec. 562. Purpose, policy, and goals
    The purpose of this subchapter is to set, for commercial and 
foreign users, the reimbursement pricing policy for the Space 
Transportation System that is consistent with the findings included in 
section 561 of this title, encourages the full and effective use of 
space, and is designed to achieve the following goals:
            (1) The preservation of the role of the United States as a 
        leader in space research, technology, and development.
            (2) The efficient and cost effective use of the Space 
        Transportation System.
            (3) The achievement of greatly increased commercial space 
        activity.
            (4) The enhancement of the international competitive 
        position of the United States.
Sec. 563. Definition of additive cost
    In this subchapter, the term ``additive cost'' means the average 
direct and indirect costs to the Administration of providing additional 
flights of the Space Transportation System beyond the costs associated 
with those flights necessary to meet the space transportation needs of 
the United States Government.
Sec. 564. Duties of Administrator
    (a) Establishment and Implementation of Reimbursement Recovery 
System.--The Administrator shall establish and implement a pricing 
system to recover reimbursement in accordance with the pricing policy 
under section 562 of this title from each commercial or foreign user of 
the Space Transportation System, which, except as provided in 
subsections (c), (d), and (e), shall include a base price of not less 
than $74,000,000 for each flight of the Space Transportation System in 
1982 dollars.
    (b) Reports to Congress.--Each year the Administrator shall submit 
to the President of the Senate, the Speaker of the House of 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, and the Committee on Science of the House of 
Representatives a report, transmitted contemporaneously with the annual 
budget request of the President, which shall inform Congress how the 
policy goals contained in section 562 of this title are being furthered 
by the shuttle price for foreign and commercial users.
    (c) Reduction of Base Price.--
            (1) Authority to reduce.--If at any time the Administrator 
        finds that the policy goals contained in section 562 of this 
        title are not being achieved, the Administrator shall have 
        authority to reduce the base price established in subsection 
        (a) after 45 days following receipt by the President of the 
        Senate, the Speaker of the House, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the Committee on 
        Science of the House of Representatives of a notice by the 
        Administrator containing a description of the proposed 
        reduction together with a full and complete statement of the 
        facts and circumstances which necessitate such proposed 
        reduction.
            (2) Minimum price.--In no case shall the minimum price 
        established under paragraph (1) be less than additive cost.
    (d) Low or No-Cost Flights.--The Administrator may set a price 
lower than the price determined under subsection (a) or (c), or provide 
no-cost flights, for any commercial or foreign user of the Space 
Transportation System that is involved in research, development, or 
demonstration programs with the Administration.
    (e) Customer Incentives.--Notwithstanding the provisions of 
subsection (a), the Administrator shall have the authority to offer 
reasonable customer incentives consistent with the policy goals in 
section 562 of this title.

                 SUBCHAPTER VII--EDUCATION AND RESEARCH

Sec. 571. Science, Space, and Technology Education Trust Fund
    There is appropriated, by transfer from funds appropriated in the 
Department of Housing and Urban Development--Independent Agencies 
Appropriations Act, 1989 (Public Law 100-404, 102 Stat. 1014), for 
``Construction of facilities'', the sum of $15,000,000 to the 
``Science, Space, and Technology Education Trust Fund'', which is 
hereby established in the Treasury of the United States. The Secretary 
of the Treasury shall invest these funds in the United States Treasury 
special issue securities, and interest shall be credited to the Trust 
Fund on a quarterly basis. Such interest shall be available for the 
purpose of making grants for programs directed at improving science, 
space, and technology education in the United States. The 
Administrator, after consultation with the Director of the National 
Science Foundation, shall review applications made for such grants and 
determine the distribution of available funds on a competitive basis. 
Grants shall be made available to any awardee only to the extent that 
the awardee provides matching funds from non-Federal sources to carry 
out the program for which grants from this Trust Fund are made. Of the 
funds made available by this Trust Fund, $250,000 shall be disbursed 
each calendar quarter to the Challenger Center for Space Science 
Education. The Administrator shall submit to Congress an annual report 
on the grants made pursuant to this section.
Sec. 572. National Aeronautics and Space Administration Endeavor 
              Teacher Fellowship Trust Fund
    (a) Establishment.--There is established in the Treasury of the 
United States, in tribute to the dedicated crew of the Space Shuttle 
Challenger, a trust fund to be known as the National Aeronautics and 
Space Administration Endeavor Teacher Fellowship Trust Fund (hereafter 
in this section referred to as the ``Trust Fund''). The Trust Fund 
shall consist of amounts which may from time to time, at the discretion 
of the Administrator, be transferred from the National Aeronautics and 
Space Administration Gifts and Donations Trust Fund.
    (b) Investment of Trust Fund.--The Administrator shall direct the 
Secretary of the Treasury to invest and reinvest funds in the Trust 
Fund in public debt securities with maturities suitable for the needs 
of the Trust Fund, and bearing interest at rates determined by the 
Secretary of the Treasury, taking into consideration the current 
average market yield on outstanding marketable obligations of the 
United States of comparable maturities. Interest earned shall be 
credited to the Trust Fund.
    (c) Purpose.--Income accruing from the Trust Fund principal shall 
be used to create the National Aeronautics and Space Administration 
Endeavor Teacher Fellowship Program, to the extent provided in advance 
in appropriation Acts. The Administrator is authorized to use such 
funds to award fellowships to selected United States nationals who are 
undergraduate students pursuing a course of study leading to certified 
teaching degrees in elementary education or in secondary education in 
mathematics, science, or technology disciplines. Awards shall be made 
pursuant to standards established for the fellowship program by the 
Administrator.
Sec. 573. Experimental Program to Stimulate Competitive Research--merit 
              grant competition requirements
    (a) Definition of Eligible State.--In this section, the term 
``eligible State'' means a State designated by the Administrator as 
eligible to compete in the National Science Foundation's Experimental 
Program to Stimulate Competitive Research.
    (b) Competition.--Making use of the existing infrastructure 
established in eligible States by the National Science Foundation, the 
Administrator shall conduct a merit grant competition among the 
eligible States in areas of research important to the mission of the 
Administration. With respect to a grant application by an eligible 
State, the Administrator shall consider--
            (1) the application's merit and relevance to the mission of 
        the Administration;
            (2) the potential for the grant to serve as a catalyst to 
        enhance the ability of researchers in the State to become more 
        competitive for regular Administration funding;
            (3) the potential for the grant to improve the environment 
        for science, mathematics, and engineering education in the 
        State; and
            (4) the need to ensure the maximum distribution of grants 
        among eligible States, consistent with merit.
    (c) Supplemental Grants.--The Administrator shall endeavor, where 
appropriate, to supplement grants made under subsection (b) with such 
grants for fellowships, traineeships, equipment, or instrumentation as 
are available.
Sec. 574. National Aeronautics and Space Administration Science and 
              Technology Scholarship Program
    (a) Definitions.--In this section:
            (1) Cost of attendance.--The term ``cost of attendance'' 
        has the meaning given the term in section 472 of the Higher 
        Education Act of 1965 (20 U.S.C. 1087ll).
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (3) Program.--The term ``Program'' means the National 
        Aeronautics and Space Administration Science and Technology 
        Scholarship Program established under this section.
    (b) Establishment of Program.--
            (1) In general.--The Administrator shall establish a 
        National Aeronautics and Space Administration Science and 
        Technology Scholarship Program to award scholarships to 
        individuals that is designed to recruit and prepare students 
        for careers in the Administration.
            (2) Selection by competitive process.--Individuals shall be 
        selected to receive scholarships under this section through a 
        competitive process primarily on the basis of academic merit, 
        with consideration given to financial need and the goal of 
        promoting the participation of individuals identified in 
        section 33 or 34 of the Science and Engineering Equal 
        Opportunities Act (42 U.S.C. 1885a, 1885b).
            (3) Contractual agreement to serve as full-time employee.--
        To carry out the Program, the Administrator shall enter into 
        contractual agreements with individuals selected under 
        paragraph (2) under which the individuals agree to serve as 
        full-time employees of the Administration, for the period 
        described in subsection (g)(1), in positions needed by the 
        Administration and for which the individuals are qualified, in 
        exchange for receiving a scholarship.
    (c) Eligibility.--In order to be eligible to participate in the 
Program, an individual must--
            (1) be enrolled or accepted for enrollment as a full-time 
        student at an institution of higher education, as a junior or 
        senior undergraduate or graduate student, in an academic field 
        or discipline described in the list made available under 
        subsection (e);
            (2) be a United States citizen or permanent resident; and
            (3) at the time of the initial scholarship award, not be an 
        employee (as defined in section 2105 of title 5).
    (d) Application.--An individual seeking a scholarship under this 
section shall submit an application to the Administrator at such time, 
in such manner, and containing such information, agreements, or 
assurances as the Administrator may require.
    (e) List of Academic Programs and Fields of Study.--The 
Administrator shall make publicly available a list of academic programs 
and fields of study for which scholarships under the Program may be 
utilized and shall update the list as necessary.
    (f) Providing Scholarships.--
            (1) Required academic degree program.--The Administrator 
        may provide a scholarship under the Program for an academic 
        year if the individual applying for the scholarship has 
        submitted to the Administrator, as part of the application 
        required under subsection (d), a proposed academic program 
        leading to a degree in a program or field of study on the list 
        made available under subsection (e).
            (2) Four-year limitation.--An individual may not receive a 
        scholarship under this section for more than 4 academic years, 
        unless the Administrator grants a waiver.
            (3) Amount.--The dollar amount of a scholarship under this 
        section for an academic year shall be determined under 
        regulations issued by the Administrator, but shall in no case 
        exceed the cost of attendance.
            (4) Use.--A scholarship provided under this section may be 
        expended for tuition, fees, and other authorized expenses as 
        established by the Administrator by regulation.
            (5) Direct payments to institutions.--The Administrator may 
        enter into a contractual agreement with an institution of 
        higher education under which the amounts provided for a 
        scholarship under this section for tuition, fees, and other 
        authorized expenses are paid directly to the institution with 
        respect to which the scholarship is provided.
    (g) Period of Service.--
            (1) Duration.--The period of service for which an 
        individual shall be obligated to serve as an employee of the 
        Administration is, except as provided in subsection (i)(2), 24 
        months for each academic year for which a scholarship under 
        this section is provided.
            (2) Start date.--
                    (A) In general.--Except as provided in subparagraph 
                (B), obligated service under paragraph (1) shall begin 
                not later than 60 days after the individual obtains the 
                educational degree for which the scholarship was 
                provided.
                    (B) Deferment.--The Administrator may defer the 
                obligation of an individual to provide a period of 
                service under paragraph (1) if the Administrator 
                determines that such a deferment is appropriate. The 
                Administrator shall prescribe the terms and conditions 
                under which a service obligation may be deferred 
                through regulation.
    (h) Breach and Liability for Repayment.--
            (1) Failure to complete academic program.--Scholarship 
        recipients who fail to maintain a high level of academic 
        standing, as defined by the Administrator by regulation, who 
        are dismissed from their educational institutions for 
        disciplinary reasons, or who voluntarily terminate academic 
        training before graduation from the educational program for 
        which the scholarship was awarded, shall be in breach of their 
        contractual agreement and, in lieu of any service obligation 
        arising under such agreement, shall be liable to the United 
        States for repayment within one year after the date of default 
        of all scholarship funds paid to them and to the institution of 
        higher education on their behalf under the agreement, except as 
        provided in subsection (i)(2). The repayment period may be 
        extended by the Administrator when determined to be necessary, 
        as established by regulation.
            (2) Failure to fulfill service obligation.--
                    (A) Breach of contractual agreement.--A scholarship 
                recipient who, for any reason, fails to begin or 
                complete the recipient's service obligation after 
                completion of academic training, or fails to comply 
                with the terms and conditions of deferment established 
                by the Administrator pursuant to subsection (g)(2)(B), 
                shall be in breach of the recipient's contractual 
                agreement.
                    (B) Liability to united states.--A recipient in 
                breach of the recipient's contractual agreement under 
                subparagraph (A) shall be liable to the United States 
                for an amount equal to 3 times the sum of--
                            (i) the total amount of scholarships 
                        received by the recipient under this section; 
                        plus
                            (ii) the interest on the amounts of the 
                        awards which would be payable if at the time 
                        the awards were received they were loans 
                        bearing interest at the maximum legal 
                        prevailing rate, as determined by the Treasurer 
                        of the United States.
    (i) Cancellation, Waiver, and Suspension of Obligations.--
            (1) Death.--Any obligation of an individual incurred under 
        the Program (or a contractual agreement thereunder) for service 
        or payment shall be canceled upon the death of the individual.
            (2) Impossibility or extreme hardship.--The Administrator 
        shall by regulation provide for the partial or total waiver or 
        suspension of any obligation of service or payment incurred by 
        an individual under the Program (or a contractual agreement 
        thereunder) whenever compliance by the individual is impossible 
        or would involve extreme hardship to the individual, or if 
        enforcement of such obligation with respect to the individual 
        would be contrary to the best interests of the Government.
    (j) Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        to the Administration for the Program $10,000,000 for each 
        fiscal year.
            (2) Availability.--Amounts appropriated under this section 
        shall remain available for 2 fiscal years.
    (k) Temporary Internships.--The Administrator may provide temporary 
internships to full-time students enrolled in an undergraduate or post-
graduate program leading to an advanced degree in an aerospace-related 
or aviation safety-related field of endeavor.

                        SUBCHAPTER VIII--SAFETY

Sec. 581. Drug and alcohol testing
    (a) Findings.--Congress finds that--
            (1) alcohol abuse and illegal drug use pose significant 
        dangers to the safety and welfare of the Nation;
            (2) the success of the United States civil space program is 
        contingent upon the safe and successful development and 
        deployment of the many varied components of that program;
            (3) the greatest efforts must be expended to eliminate the 
        abuse of alcohol and use of illegal drugs, whether on duty or 
        off duty, by those individuals who are involved in the 
        positions affecting safety, security, and national security;
            (4) the use of alcohol and illegal drugs has been 
        demonstrated to adversely affect the performance of 
        individuals, and has been proven to have been a critical factor 
        in accidents in the workplace;
            (5) the testing of uniformed personnel of the Armed Forces 
        has shown that the most effective deterrent to abuse of alcohol 
        and use of illegal drugs is increased testing, including random 
        testing;
            (6) adequate safeguards can be implemented to ensure that 
        testing for abuse of alcohol or use of illegal drugs is 
        performed in a manner that protects an individual's right of 
        privacy, ensures that no individual is harassed by being 
        treated differently from other individuals, and ensures that no 
        individual's reputation or career development is unduly 
        threatened or harmed; and
            (7) rehabilitation is a critical component of any testing 
        program for abuse of alcohol or use of illegal drugs, and 
        should be made available to individuals, as appropriate.
    (b) Definition of Controlled Substance.--In this section, the term 
``controlled substance'' means any substance under section 102(6) of 
the Controlled Substances Act (21 U.S.C. 802(6)) specified by the 
Administrator.
    (c) Testing Program.--
            (1) Employees of administration.--The Administrator shall 
        establish a program applicable to employees of the 
        Administration whose duties include responsibility for safety-
        sensitive, security, or national security functions. Such 
        program shall provide for preemployment, reasonable suspicion, 
        random, and post-accident testing for use, in violation of 
        applicable law or Federal regulation, of alcohol or a 
        controlled substance. The Administrator may also prescribe 
        regulations, as the Administrator considers appropriate in the 
        interest of safety, security, and national security, for the 
        conduct of periodic recurring testing of such employees for 
        such use in violation of applicable law or Federal regulation.
            (2) Employees of contractors.--The Administrator shall, in 
        the interest of safety, security, and national security, 
        prescribe regulations. Such regulations shall establish a 
        program that requires Administration contractors to conduct 
        preemployment, reasonable suspicion, random, and post-accident 
        testing of contractor employees responsible for safety-
        sensitive, security, or national security functions (as 
        determined by the Administrator) for use, in violation of 
        applicable law or Federal regulation, of alcohol or a 
        controlled substance. The Administrator may also prescribe 
        regulations, as the Administrator considers appropriate in the 
        interest of safety, security, and national security, for the 
        conduct of periodic recurring testing of such employees for 
        such use in violation of applicable law or Federal regulation.
            (3) Suspension, disqualification, or dismissal.--In 
        prescribing regulations under the programs required by this 
        subsection, the Administrator shall require, as the 
        Administrator considers appropriate, the suspension, 
        disqualification, or dismissal of any employee to which 
        paragraph (1) or (2) applies, in accordance with the provisions 
        of this section, in any instance where a test conducted and 
        confirmed under this section indicates that such employee has 
        used, in violation of applicable law or Federal regulation, 
        alcohol or a controlled substance.
    (d) Prohibition on Service.--
            (1) Prohibition unless program of rehabilitation 
        completed.--No individual who is determined by the 
        Administrator under this section to have used, in violation of 
        applicable law or Federal regulation, alcohol or a controlled 
        substance after December 9, 1991, shall serve as an 
        Administration employee with responsibility for safety-
        sensitive, security, or national security functions (as 
        determined by the Administrator), or as an Administration 
        contractor employee with such responsibility, unless such 
        individual has completed a program of rehabilitation described 
        in subsection (e).
            (2) Unconditional prohibition.--Any such individual 
        determined by the Administrator under this section to have 
        used, in violation of applicable law or Federal regulation, 
        alcohol or a controlled substance after December 9, 1991, shall 
        not be permitted to perform the duties that the individual 
        performed prior to the date of the determination, if the 
        individual--
                    (A) engaged in such use while on duty;
                    (B) prior to such use had undertaken or completed a 
                rehabilitation program described in subsection (e);
                    (C) following such determination refuses to 
                undertake such a rehabilitation program; or
                    (D) following such determination fails to complete 
                such a rehabilitation program.
    (e) Program for Rehabilitation.--
            (1) Regulations and availability of program for contractor 
        employees.--The Administrator shall prescribe regulations 
        setting forth requirements for rehabilitation programs which at 
        a minimum provide for the identification and opportunity for 
        treatment of employees referred to in subsection (c) in need of 
        assistance in resolving problems with the use, in violation of 
        applicable law or Federal regulation, of alcohol or a 
        controlled substance. Each contractor is encouraged to make 
        such a program available to all of its employees in addition to 
        those employees referred to in subsection (c)(2). The 
        Administrator shall determine the circumstances under which 
        such employees shall be required to participate in such a 
        program. Nothing in this subsection shall preclude any 
        Administration contractor from establishing a program under 
        this subsection in cooperation with any other such contractor.
            (2) Establishment and maintenance of program for 
        administration employees.--The Administrator shall establish 
        and maintain a rehabilitation program which at a minimum 
        provides for the identification and opportunity for treatment 
        of those employees of the Administration whose duties include 
        responsibility for safety-sensitive, security, or national 
        security functions who are in need of assistance in resolving 
        problems with the use of alcohol or controlled substances.
    (f) Procedures for Testing.--In establishing the programs required 
under subsection (c), the Administrator shall develop requirements 
which shall--
            (1) promote, to the maximum extent practicable, individual 
        privacy in the collection of specimen samples;
            (2) with respect to laboratories and testing procedures for 
        controlled substances, incorporate the Department of Health and 
        Human Services scientific and technical guidelines dated April 
        11, 1988, and any subsequent amendments thereto, including 
        mandatory guidelines which--
                    (A) establish comprehensive standards for all 
                aspects of laboratory controlled substances testing and 
                laboratory procedures to be applied in carrying out 
                this section, including standards which require the use 
                of the best available technology for ensuring the full 
                reliability and accuracy of controlled substances tests 
                and strict procedures governing the chain of custody of 
                specimen samples collected for controlled substances 
                testing;
                    (B) establish the minimum list of controlled 
                substances for which individuals may be tested; and
                    (C) establish appropriate standards and procedures 
                for periodic review of laboratories and criteria for 
                certification and revocation of certification of 
                laboratories to perform controlled substances testing 
                in carrying out this section;
            (3) require that all laboratories involved in the 
        controlled substances testing of any individual under this 
        section shall have the capability and facility, at such 
        laboratory, of performing screening and confirmation tests;
            (4) provide that all tests which indicate the use, in 
        violation of applicable law or Federal regulation, of alcohol 
        or a controlled substance by any individual shall be confirmed 
        by a scientifically recognized method of testing capable of 
        providing quantitative data regarding alcohol or a controlled 
        substance;
            (5) provide that each specimen sample be subdivided, 
        secured, and labelled in the presence of the tested individual 
        and that a portion thereof be retained in a secure manner to 
        prevent the possibility of tampering, so that in the event the 
        individual's confirmation test results are positive the 
        individual has an opportunity to have the retained portion 
        assayed by a confirmation test done independently at a second 
        certified laboratory if the individual requests the independent 
        test within 3 days after being advised of the results of the 
        initial confirmation test;
            (6) ensure appropriate safeguards for testing to detect and 
        quantify alcohol in breath and body fluid samples, including 
        urine and blood, through the development of regulations as may 
        be necessary and in consultation with the Department of Health 
        and Human Services;
            (7) provide for the confidentiality of test results and 
        medical information of employees; and
            (8) ensure that employees are selected for tests by 
        nondiscriminatory and impartial methods, so that no employee is 
        harassed by being treated differently from other employees in 
        similar circumstances.
    (g) Effect on Other Laws and Regulations.--
            (1) Consistency with federal regulation.--No State or local 
        government shall adopt or have in effect any law, rule, 
        regulation, ordinance, standard, or order that is inconsistent 
        with the regulations promulgated under this section.
            (2) Continuance of regulations issued before december 9, 
        1991.--Nothing in this section shall be construed to restrict 
        the discretion of the Administrator to continue in force, 
        amend, or further supplement any regulations issued before 
        December 9, 1991, that govern the use of alcohol and controlled 
        substances by Administration employees with responsibility for 
        safety-sensitive, security, and national security functions (as 
        determined by the Administrator), or by Administration 
        contractor employees with such responsibility.
Sec. 582. Aerospace Safety Advisory Panel
    (a) Establishment and Members.--There is established an Aerospace 
Safety Advisory Panel consisting of a maximum of 9 members who shall be 
appointed by the Administrator for terms of 6 years each. Not more than 
4 such members shall be chosen from among the officers and employees of 
the Administration.
    (b) Chairman.--One member shall be designated by the Panel as its 
Chairman.
    (c) Duties.--The Panel shall--
            (1) review safety studies and operations plans referred to 
        it and make reports thereon;
            (2) advise the Administrator with respect to the hazards of 
        proposed or existing facilities and proposed operations and 
        with respect to the adequacy of proposed or existing safety 
        standards; and
            (3) perform such other duties as the Administrator may 
        request.
    (d) Compensation and Expenses.--
            (1) Compensation.--
                    (A) Federal officers and employees.--A member of 
                the Panel who is an officer or employee of the Federal 
                Government shall receive no compensation for the 
                member's services as such.
                    (B) Members appointed from outside the federal 
                government.--A member of the Panel appointed from 
                outside the Federal Government shall receive 
                compensation, at a rate not to exceed the per diem rate 
                equivalent to the maximum rate payable under section 
                5376 of title 5, for each day the member is engaged in 
                the actual performance of duties vested in the Panel.
            (2) Expenses.--A member of the Panel shall be allowed 
        necessary travel expenses (or in the alternative, mileage for 
        use of a privately owned vehicle and a per diem in lieu of 
        subsistence not to exceed the rate and amount prescribed in 
        sections 5702 and 5704 of title 5), and other necessary 
        expenses incurred by the member in the performance of duties 
        vested in the Panel, without regard to the provisions of 
        subchapter I of chapter 57 of title 5, the Standardized 
        Government Travel Regulations, or section 5731 of title 5.

      SUBCHAPTER IX--COMPETITIVENESS AND INTERNATIONAL COOPERATION

Sec. 591. Competitiveness and international cooperation
    (a) Limitation.--
            (1) Solicitation of comment.--As part of the evaluation of 
        the costs and benefits of entering into an obligation to 
        conduct a space mission in which a foreign entity will 
        participate as a supplier of the spacecraft, spacecraft system, 
        or launch system, the Administrator shall solicit comment on 
        the potential impact of such participation through notice 
        published in Commerce Business Daily at least 45 days before 
        entering into such an obligation.
            (2) Agreements with people's republic of china.--The 
        Administrator shall certify to Congress at least 15 days in 
        advance of any cooperative agreement with the People's Republic 
        of China, or any company owned by the People's Republic of 
        China or incorporated under the laws of the People's Republic 
        of China, involving spacecraft, spacecraft systems, launch 
        systems, or scientific or technical information, that--
                    (A) the agreement is not detrimental to the United 
                States space launch industry; and
                    (B) the agreement, including any indirect technical 
                benefit that could be derived from the agreement, will 
                not improve the missile or space launch capabilities of 
                the People's Republic of China.
            (3) Annual audit.--The Inspector General of the 
        Administration, in consultation with appropriate agencies, 
        shall conduct an annual audit of the policies and procedures of 
        the Administration with respect to the export of technologies 
        and the transfer of scientific and technical information, to 
        assess the extent to which the Administration is carrying out 
        its activities in compliance with Federal export control laws 
        and with paragraph (2).
    (b) National Interests.--Before entering into an obligation 
described in subsection (a), the Administrator shall consider the 
national interests of the United States described in section 2(6) of 
the National Aeronautics and Space Administration Authorization Act of 
2000 (Public Law 106-391, 114 Stat. 1578).

     CHAPTER 7--NATIONAL SPACE GRANT 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.
Sec. 701. Congressional statement of findings
    Congress finds that--
            (1) the vitality of the Nation and the quality of life of 
        the citizens of the Nation depend increasingly on the 
        understanding, assessment, development, and utilization of 
        space resources;
            (2) research and development of space science, space 
        technology, and space commercialization will contribute to the 
        quality of life, national security, and the enhancement of 
        commerce;
            (3) the understanding and development of the space 
        frontiers require a broad commitment and an intense involvement 
        on the part of the Federal Government in partnership with State 
        and local governments, private industry, universities, 
        organizations, and individuals concerned with the exploration 
        and utilization of space;
            (4) the Administration, through the national space grant 
        college and fellowship program, offers the most suitable means 
        for such commitment and involvement through the promotion of 
        activities that will result in greater understanding, 
        assessment, development, and utilization; and
            (5) Federal support of the establishment, development, and 
        operation of programs and projects by space grant colleges, 
        space grant regional consortia, institutions of higher 
        education, institutes, laboratories, and other appropriate 
        public and private entities is the most cost-effective way to 
        promote such activities.
Sec. 702. Congressional statement of purposes
    The purposes of this chapter are to--
            (1) increase the understanding, assessment, development, 
        and utilization of space resources by promoting a strong 
        educational base, responsive research and training activities, 
        and broad and prompt dissemination of knowledge and techniques;
            (2) utilize the abilities and talents of the universities 
        of the Nation to support and contribute to the exploration and 
        development of the resources and opportunities afforded by the 
        space environment;
            (3) encourage and support, within the university community 
        of the Nation, the existence of interdisciplinary and 
        multidisciplinary programs of space research that--
                    (A) engage in integrated activities of training, 
                research, and public service;
                    (B) have cooperative programs with industry; and
                    (C) are coordinated with the overall program of the 
                Administration;
            (4) encourage and support the existence of consortia, made 
        up of university and industry members, in order to advance the 
        exploration and development of space resources in cases in 
        which national objectives can be better fulfilled through such 
        consortia than through the programs of single universities;
            (5) encourage and support Federal funding for graduate 
        fellowships in fields related to space; and
            (6) support activities in colleges and universities 
        generally for the purpose of creating and operating a network 
        of institutional programs that will enhance achievements 
        resulting from efforts under this chapter.
Sec. 703. Definitions
    In this chapter:
            (1) Aeronautical and space activities.--The term 
        ``aeronautical and space activities'' has the meaning given the 
        term in section 303 of this title.
            (2) Field related to space.--The term ``field related to 
        space'' means any academic discipline or field of study 
        (including the physical, natural, and biological sciences, and 
        engineering, space technology, education, economics, sociology, 
        communications, planning, law, international affairs, and 
        public administration) which is concerned with or likely to 
        improve the understanding, assessment, development, and 
        utilization of space.
            (3) Panel.--The term ``panel'' means the space grant review 
        panel established pursuant to section 709 of this title.
            (4) Person.--The term ``person'' means any individual, any 
        public or private corporation, partnership, or other 
        association or entity (including any space grant college, space 
        grant regional consortium, institution of higher education, 
        institute, or laboratory), or any State, political subdivision 
        of a State, or agency or officer of a State or political 
        subdivision of a State.
            (5) Space environment.--The term ``space environment'' 
        means the environment beyond the sensible atmosphere of the 
        Earth.
            (6) Space grant college.--The term ``space grant college'' 
        means any public or private institution of higher education 
        which is designated as such by the Administrator pursuant to 
        section 707 of this title.
            (7) Space grant program.--The term ``space grant program'' 
        means any program that--
                    (A) is administered by any space grant college, 
                space grant regional consortium, institution of higher 
                education, institute, laboratory, or State or local 
                agency; and
                    (B) includes 2 or more projects involving education 
                and one or more of the following activities in the 
                fields related to space:
                            (i) Research.
                            (ii) Training.
                            (iii) Advisory services.
            (8) Space grant regional consortium.--The term ``space 
        grant regional consortium'' means any association or other 
        alliance that is designated as a space grant regional 
        consortium by the Administrator pursuant to section 707 of this 
        title.
            (9) Space resource.--The term ``space resource'' means any 
        tangible or intangible benefit which can be realized only 
        from--
                    (A) aeronautical and space activities; or
                    (B) advancements in any field related to space.
            (10) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, or any other 
        territory or possession of the United States.
Sec. 704. National space grant college and fellowship program
    (a) Establishment.--The Administrator shall establish and maintain, 
within the Administration, a program to be known as the national space 
grant college and fellowship program. The national space grant college 
and fellowship program shall consist of the financial assistance and 
other activities provided for in this chapter. The Administrator shall 
establish long-range planning guidelines and priorities, and adequately 
evaluate the program.
    (b) Functions.--Within the Administration, the program shall--
            (1) apply the long-range planning guidelines and the 
        priorities established by the Administrator under subsection 
        (a);
            (2) advise the Administrator with respect to the expertise 
        and capabilities which are available through the national space 
        grant college and fellowship program, and make such expertise 
        available to the Administration as directed by the 
        Administrator;
            (3) evaluate activities conducted under grants and 
        contracts awarded pursuant to sections 705 and 706 of this 
        title to ensure that the purposes set forth in section 702 of 
        this title are implemented;
            (4) encourage other Federal departments, agencies, and 
        instrumentalities to use and take advantage of the expertise 
        and capabilities which are available through the national space 
        grant college and fellowship program, on a cooperative or other 
        basis;
            (5) encourage cooperation and coordination with other 
        Federal programs concerned with the development of space 
        resources and fields related to space;
            (6) advise the Administrator on the designation of 
        recipients supported by the national space grant college and 
        fellowship program and, in appropriate cases, on the 
        termination or suspension of any such designation; and
            (7) encourage the formation and growth of space grant and 
        fellowship programs.
    (c) General Authorities.--To carry out the provisions of this 
chapter, the Administrator may--
            (1) accept conditional or unconditional gifts or donations 
        of services, money, or property, real, personal or mixed, 
        tangible or intangible;
            (2) accept and use funds from other Federal departments, 
        agencies, and instrumentalities to pay for fellowships, grants, 
        contracts, and other transactions; and
            (3) issue such rules and regulations as may be necessary 
        and appropriate.
Sec. 705. Grants or contracts
    (a) Authority of Administrator.--The Administrator may make grants 
and enter into contracts or other transactions under this subsection to 
assist any space grant and fellowship program or project if the 
Administrator finds that the program or project will carry out the 
purposes set forth in section 702 of this title. The total amount paid 
pursuant to a grant or contract may equal not more than 66 percent of 
the total cost of the space grant and fellowship program or project 
involved, except in the case of grants or contracts paid for with funds 
accepted by the Administrator pursuant to section 704(c)(2) of this 
title.
    (b) Special Grants.--The Administrator may make special grants 
under this subsection to carry out the purposes set forth in section 
702 of this title. The amount of a special grant may equal up to 100 
percent of the total cost of the project involved. A special grant may 
be made under this subsection only if the Administrator finds that--
            (1) no reasonable means is available through which the 
        applicant can meet the matching requirement for a grant under 
        subsection (a);
            (2) the probable benefit of the project outweighs the 
        public interest in the matching requirement; and
            (3) the same or equivalent benefit cannot be obtained 
        through the award of a contract or grant under subsection (a) 
        or section 706 of this title.
    (c) Application.--Any person may apply to the Administrator for a 
grant or contract under this section. Application shall be made in such 
form and manner, and with such content and other submissions, as the 
Administrator shall by regulation prescribe.
    (d) Terms and Conditions.--
            (1) In general.--Any grant made, or contract entered into, 
        under this section shall be subject to the limitations and 
        provisions set forth in paragraphs (2) and (3) and to such 
        other terms, conditions, and requirements as the Administrator 
        considers necessary or appropriate.
            (2) Limitations.--No payment under any grant or contract 
        under this section may be applied to--
                    (A) the purchase of any land;
                    (B) the purchase, construction, preservation, or 
                repair of any building; or
                    (C) the purchase or construction of any launch 
                facility or launch vehicle.
            (3) Leases.--Notwithstanding paragraph (2), the items in 
        subparagraphs (A), (B), and (C) of such paragraph may be leased 
        upon written approval of the Administrator.
            (4) Records.--Any person that receives or utilizes any 
        proceeds of any grant or contract under this section shall keep 
        such records as the Administrator shall by regulation prescribe 
        as being necessary and appropriate to facilitate effective 
        audit and evaluation, including records which fully disclose 
        the amount and disposition by such recipient of such proceeds, 
        the total cost of the program or project in connection with 
        which such proceeds were used, and the amount, if any, of such 
        cost which was provided through other sources. Such records 
        shall be maintained for 3 years after the completion of such a 
        program or project. The Administrator and the Comptroller 
        General of the United States, or any of their duly authorized 
        representatives, shall have access, for the purpose of audit 
        and evaluation, to any books, documents, papers, and records of 
        receipts which, in the opinion of the Administrator or the 
        Comptroller General, may be related or pertinent to such grants 
        and contracts.
Sec. 706. Specific national needs
    (a) Identification of Specific Needs and Grant-Making and 
Contracting Authority.--The Administrator shall identify specific 
national needs and problems relating to space. The Administrator may 
make grants or enter into contracts under this section with respect to 
such needs or problems. The amount of any such grant or contract may 
equal up to 100 percent of the total cost of the project involved.
    (b) Applications for Grants or Contracts.--Any person may apply to 
the Administrator for a grant or contract under this section. In 
addition, the Administrator may invite applications with respect to 
specific national needs or problems identified under subsection (a). 
Application shall be made in such form and manner, and with such 
content and other submissions, as the Administrator shall by regulation 
prescribe. Any grant made, or contract entered into, under this section 
shall be subject to the limitations and provisions set forth in 
paragraphs (2) and (4) of section 705(d) of this title and to such 
other terms, conditions, and requirements as the Administrator 
considers necessary or appropriate.
Sec. 707. Space grant college and space grant regional consortium
    (a) Designation and Qualifications.--
            (1) Authority to designate.--The Administrator may 
        designate--
                    (A) any institution of higher education as a space 
                grant college; and
                    (B) any association or other alliance of 2 or more 
                persons, other than individuals, as a space grant 
                regional consortium.
            (2) Space grant college requirements.--No institution of 
        higher education may be designated as a space grant college 
        unless the Administrator finds that such institution--
                    (A) is maintaining a balanced program of research, 
                education, training, and advisory services in fields 
                related to space;
                    (B) will act in accordance with such guidelines as 
                are prescribed under subsection (b)(2); and
                    (C) meets such other qualifications as the 
                Administrator considers necessary or appropriate.
            (3) Space grant regional consortium requirements.--No 
        association or other alliance of 2 or more persons may be 
        designated as a space grant regional consortium unless the 
        Administrator finds that such association or alliance--
                    (A) is established for the purpose of sharing 
                expertise, research, educational facilities or training 
                facilities, and other capabilities in order to 
                facilitate research, education, training, and advisory 
                services in any field related to space;
                    (B) will encourage and follow a regional approach 
                to solving problems or meeting needs relating to space, 
                in cooperation with appropriate space grant colleges, 
                space grant programs, and other persons in the region;
                    (C) will act in accordance with such guidelines as 
                are prescribed under subsection (b)(2); and
                    (D) meets such other qualifications as the 
                Administrator considers necessary or appropriate.
    (b) Qualifications and Guidelines.--The Administrator shall by 
regulation prescribe--
            (1) the qualifications required to be met under paragraphs 
        (2)(C) and (3)(D) of subsection (a); and
            (2) guidelines relating to the activities and 
        responsibilities of space grant colleges and space grant 
        regional consortia.
    (c) Suspension or Termination of Designation.--The Administrator 
may, for cause and after an opportunity for hearing, suspend or 
terminate any designation under subsection (a).
Sec. 708. Space grant fellowship program
    (a) Award of Fellowships.--The Administrator shall support a space 
grant fellowship program to provide educational and training assistance 
to qualified individuals at the graduate level of education in fields 
related to space. Such fellowships shall be awarded pursuant to 
guidelines established by the Administrator. Space grant fellowships 
shall be awarded to individuals at space grant colleges, space grant 
regional consortia, other colleges and institutions of higher 
education, professional associations, and institutes in such a manner 
as to ensure wide geographic and institutional diversity in the pursuit 
of research under the fellowship program.
    (b) Limitation on Amount Provided.--The total amount which may be 
provided for grants under the space grant fellowship program during any 
fiscal year shall not exceed an amount equal to 50 percent of the total 
funds appropriated for such year pursuant to this chapter.
    (c) Authority To Sponsor Other Research Fellowship Programs 
Unaffected.--Nothing in this section shall be construed to prohibit the 
Administrator from sponsoring any research fellowship program, 
including any special emphasis program, which is established under an 
authority other than this chapter.
Sec. 709. Space grant review panel
    (a) Establishment.--The Administrator shall establish an 
independent committee known as the space grant review panel, which 
shall not be subject to the provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.).
    (b) Duties.--The panel shall take such steps as may be necessary to 
review, and shall advise the Administrator with respect to--
            (1) applications or proposals for, and performance under, 
        grants and contracts awarded pursuant to sections 705 and 706 
        of this title;
            (2) the space grant fellowship program;
            (3) the designation and operation of space grant colleges 
        and space grant regional consortia, and the operation of space 
        grant and fellowship programs;
            (4) the formulation and application of the planning 
        guidelines and priorities pursuant to subsections (a) and 
        (b)(1) of section 704 of this title; and
            (5) such other matters as the Administrator refers to the 
        panel for review and advice.
    (c) Personnel and Administrative Services.--The Administrator shall 
make available to the panel any information, personnel, and 
administrative services and assistance which is reasonable to carry out 
the duties of the panel.
    (d) Members.--
            (1) Appointment.--The Administrator shall appoint the 
        voting members of the panel. A majority of the voting members 
        shall be individuals who, by reason of knowledge, experience, 
        or training, are especially qualified in one or more of the 
        disciplines and fields related to space. The other voting 
        members shall be individuals who, by reason of knowledge, 
        experience, or training, are especially qualified in, or 
        representative of, education, extension services, State 
        government, industry, economics, planning, or any other 
        activity related to efforts to enhance the understanding, 
        assessment, development, or utilization of space resources. The 
        Administrator shall consider the potential conflict of interest 
        of any individual in making appointments to the panel.
            (2) Chairman and vice chairman.--The Administrator shall 
        select one voting member to serve as the Chairman and another 
        voting member to serve as the Vice Chairman. The Vice Chairman 
        shall act as Chairman in the absence or incapacity of the 
        Chairman.
            (3) Reimbursement for expenses.--Voting members of the 
        panel who are not Federal employees shall be reimbursed for 
        actual and reasonable expenses incurred in the performance of 
        such duties.
            (4) Meetings.--The panel shall meet on a biannual basis 
        and, at any other time, at the call of the Chairman or upon the 
        request of a majority of the voting members or of the 
        Administrator.
            (5) Powers.--The panel may exercise such powers as are 
        reasonably necessary in order to carry out the duties 
        enumerated in subsection (b).
Sec. 710. Availability of other Federal personnel and data
    Each department, agency, or other instrumentality of the Federal 
Government that is engaged in or concerned with, or that has authority 
over, matters relating to space--
            (1) may, upon a written request from the Administrator, 
        make available, on a reimbursable basis or otherwise, any 
        personnel (with their consent and without prejudice to their 
        position and rating), service, or facility which the 
        Administrator considers necessary to carry out any provision of 
        this chapter;
            (2) may, upon a written request from the Administrator, 
        furnish any available data or other information which the 
        Administrator considers necessary to carry out any provision of 
        this chapter; and
            (3) may cooperate with the Administration.
Sec. 711. Designation or award to be on competitive basis
    The Administrator shall not under this chapter designate any space 
grant college or space grant regional consortium or award any 
fellowship, grant, or contract unless such designation or award is made 
in accordance with the competitive, merit-based review process employed 
by the Administration on October 30, 1987.

                CHAPTER 9--BIOMEDICAL RESEARCH IN 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.
Sec. 901. Findings
    Congress finds that--
            (1) the space program can make significant contributions to 
        selected areas of health-related research and should be an 
        integral part of the Nation's health research and development 
        program;
            (2) the continuing development of trained scientists and 
        engineers is essential to carrying out an effective and 
        sustained program of biomedical research in space and on the 
        ground;
            (3) the establishment and maintenance of an electronically 
        accessible archive of data on space-related biomedical research 
        is essential to advancement of the field;
            (4) cooperation with the republics of the former Soviet 
        Union, including use of former Soviet orbital facilities, 
        offers the potential for greatly enhanced biomedical research 
        activities and progress; and
            (5) the establishment and maintenance of an international 
        telemedicine consultation satellite capability to support 
        emergency medical service provision can provide an important 
        aid to disaster relief efforts.
Sec. 902. Biomedical research joint working group
    (a) Establishment.--The Administrator and the Director of the 
National Institutes of Health shall jointly establish a working group 
to coordinate biomedical research activities in areas where a 
microgravity environment may contribute to significant progress in the 
understanding and treatment of diseases and other medical conditions. 
The joint working group shall formulate joint and complementary 
programs in such areas of research.
    (b) Membership.--The joint working group shall include equal 
representation from the Administration and the National Institutes of 
Health, and shall include representation from National Institutes of 
Health councils, as selected by the Director of the National Institutes 
of Health, and from the National Aeronautics and Space Administration 
Advisory Council.
    (c) Annual Biomedical Research Symposia.--The joint working group 
shall organize annual symposia on biomedical research described in 
subsection (a) under the joint sponsorship of the Administration and 
the National Institutes of Health.
    (d) Annual Reporting Requirement.--The joint working group shall 
report annually to Congress on its progress in carrying out this 
section.
Sec. 903. Biomedical research grants
    (a) Establishment of Program.--The Administrator and the Director 
of the National Institutes of Health shall establish a joint program of 
biomedical research grants in areas described in section 902(a) of this 
title, where such research requires access to a microgravity 
environment. Such program shall be consistent with actions taken by the 
joint working group under section 902 of this title.
    (b) Research Opportunity Announcements.--The grants program 
established under subsection (a) shall annually issue joint research 
opportunity announcements under the sponsorship of the National 
Institutes of Health and the Administration. Responses to the 
announcements shall be evaluated by a peer review committee whose 
members shall be selected by the Director of the National Institutes of 
Health and the Administrator, and shall include individuals not 
employed by the Administration or the National Institutes of Health.
Sec. 904. Biomedical research fellowships
    The Administrator and the Director of the National Institutes of 
Health shall create a joint program of graduate research fellowships in 
biomedical research described in section 902(a) of this title. 
Fellowships under such program may provide for participation in 
approved research conferences and symposia.
Sec. 905. Establishment of electronic data archive
    The Administrator shall create and maintain a national electronic 
data archive for biomedical research data obtained from space-based 
experiments.
Sec. 906. Establishment of emergency medical service telemedicine 
              capability
    The Administrator, the Director of the Federal Emergency Management 
Agency, the Director of the Office of Foreign Disaster Assistance, and 
the Surgeon General of the United States shall jointly create and 
maintain an international telemedicine satellite consultation 
capability to support emergency medical services in disaster-stricken 
areas.

                 CHAPTER 11--LAND REMOTE SENSING POLICY

                 SUBCHAPTER I--FINDINGS AND DEFINITIONS

Sec.
1101. Findings.
1102. Definitions.
                         SUBCHAPTER II--LANDSAT

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.

                 SUBCHAPTER I--FINDINGS AND DEFINITIONS

Sec. 1101. Findings
    Congress finds and declares the following:
            (1) The continuous collection and utilization of land 
        remote sensing data from space are of major benefit in studying 
        and understanding human impacts on the global environment, in 
        managing the Earth's natural resources, in carrying out 
        national security functions, and in planning and conducting 
        many other activities of scientific, economic, and social 
        importance.
            (2) The Federal Government's Landsat system established the 
        United States as the world leader in land remote sensing 
        technology.
            (3) The national interest of the United States lies in 
        maintaining international leadership in satellite land remote 
        sensing and in broadly promoting the beneficial use of remote 
        sensing data.
            (4) The cost of Landsat data has impeded the use of such 
        data for scientific purposes, such as for global environmental 
        change research, as well as for other public sector 
        applications.
            (5) Given the importance of the Landsat program to the 
        United States, urgent actions, including expedited procurement 
        procedures, are required to ensure data continuity.
            (6) Full commercialization of the Landsat program cannot be 
        achieved within the foreseeable future, and thus should not 
        serve as the near-term goal of national policy on land remote 
        sensing; however, commercialization of land remote sensing 
        should remain a long-term goal of United States policy.
            (7) Despite the success and importance of the Landsat 
        system, funding and organizational uncertainties over the past 
        several years have placed its future in doubt and have 
        jeopardized United States leadership in land remote sensing.
            (8) Recognizing the importance of the Landsat program in 
        helping to meet national and commercial objectives, the 
        President approved, on February 11, 1992, a National Space 
        Policy Directive which was developed by the National Space 
        Council and commits the United States to ensuring the 
        continuity of Landsat coverage into the 21st century.
            (9) Because Landsat data are particularly important for 
        national security purposes and global environmental change 
        research, management responsibilities for the program should be 
        transferred from the Department of Commerce to an integrated 
        program management involving the Department of Defense and the 
        Administration.
            (10) Regardless of management responsibilities for the 
        Landsat program, the Nation's broad civilian, national 
        security, commercial, and foreign policy interests in remote 
        sensing will best be served by ensuring that Landsat remains an 
        unclassified program that operates according to the principles 
        of open skies and nondiscriminatory access.
            (11) Technological advances aimed at reducing the size and 
        weight of satellite systems hold the potential for dramatic 
        reductions in the cost, and substantial improvements in the 
        capabilities, of future land remote sensing systems, but such 
        technological advances have not been demonstrated for land 
        remote sensing and therefore cannot be relied upon as the sole 
        means of achieving data continuity for the Landsat program.
            (12) A technology demonstration program involving advanced 
        remote sensing technologies could serve a vital role in 
        determining the design of a follow-on spacecraft to Landsat 7, 
        while also helping to determine whether such a spacecraft 
        should be funded by the United States Government, by the 
        private sector, or by an international consortium.
            (13) To maximize the value of the Landsat program to the 
        American public, unenhanced Landsat 4 through 6 data should be 
        made available, at a minimum, to United States Government 
        agencies, to global environmental change researchers, and to 
        other researchers that are financially supported by the United 
        States Government, at the cost of fulfilling user requests, and 
        unenhanced Landsat 7 data should be made available to all users 
        at the cost of fulfilling user requests.
            (14) To stimulate development of the commercial market for 
        unenhanced data and value-added services, the United States 
        Government should adopt a data policy for Landsat 7 which 
        allows competition within the private sector for distribution 
        of unenhanced data and value-added services.
            (15) Development of the remote sensing market and the 
        provision of commercial value-added services based on remote 
        sensing data should remain exclusively the function of the 
        private sector.
            (16) It is in the best interest of the United States to 
        maintain a permanent, comprehensive Government archive of 
        global Landsat and other land remote sensing data for long-term 
        monitoring and study of the changing global environment.
Sec. 1102. Definitions
    In this chapter:
            (1) Cost of fulfilling user requests.--The term ``cost of 
        fulfilling user requests'' means the incremental costs 
        associated with providing product generation, reproduction, and 
        distribution of unenhanced data in response to user requests 
        and shall not include any acquisition, amortization, or 
        depreciation of capital assets originally paid for by the 
        United States Government or other costs not specifically 
        attributable to fulfilling user requests.
            (2) Data continuity.--The term ``data continuity'' means 
        the continued acquisition and availability of unenhanced data 
        which are, from the point of view of the user--
                    (A) sufficiently consistent (in terms of 
                acquisition geometry, coverage characteristics, and 
                spectral characteristics) with previous Landsat data to 
                allow comparisons for global and regional change 
                detection and characterization; and
                    (B) compatible with such data and with methods used 
                to receive and process such data.
            (3) Data preprocessing.--The term ``data preprocessing''--
                    (A) may include--
                            (i) rectification of system and sensor 
                        distortions in land remote sensing data as it 
                        is received directly from the satellite in 
                        preparation for delivery to a user;
                            (ii) registration of such data with respect 
                        to features of the Earth; and
                            (iii) calibration of spectral response with 
                        respect to such data; but
                    (B) does not include conclusions, manipulations, or 
                calculations derived from such data, or a combination 
                of such data with other data.
            (4) Land remote sensing.--The term ``land remote sensing'' 
        means the collection of data which can be processed into 
        imagery of surface features of the Earth from an unclassified 
        satellite or satellites, other than an operational United 
        States Government weather satellite.
            (5) Landsat program management.--The term ``Landsat Program 
        Management'' means the integrated program management 
        structure--
                    (A) established by, and responsible to, the 
                Administrator and the Secretary of Defense pursuant to 
                section 1111(a) of this title; and
                    (B) consisting of appropriate officers and 
                employees of the Administration, the Department of 
                Defense, and any other United States Government 
                agencies the President designates as responsible for 
                the Landsat program.
            (6) Landsat system.--The term ``Landsat system'' means 
        Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote 
        sensing system operated and owned by the United States 
        Government, along with any related ground equipment, systems, 
        and facilities owned by the United States Government.
            (7) Landsat 6 contractor.--The term ``Landsat 6 
        contractor'' means the private sector entity which was awarded 
        the contract for spacecraft construction, operations, and data 
        marketing rights for the Landsat 6 spacecraft.
            (8) Landsat 7.--The term ``Landsat 7'' means the follow-on 
        satellite to Landsat 6.
            (9) National satellite land remote sensing data archive.--
        The term ``National Satellite Land Remote Sensing Data 
        Archive'' means the archive established by the Secretary of the 
        Interior pursuant to the archival responsibilities defined in 
        section 1142 of this title.
            (10) Noncommercial purposes.--The term ``noncommercial 
        purposes'' means activities undertaken by individuals or 
        entities on the condition, upon receipt of unenhanced data, 
        that--
                    (A) such data shall not be used in connection with 
                any bid for a commercial contract, development of a 
                commercial product, or any other non-United States 
                Government activity that is expected, or has the 
                potential, to be profitmaking;
                    (B) the results of such activities are disclosed in 
                a timely and complete fashion in the open technical 
                literature or other method of public release, except 
                when such disclosure by the United States Government or 
                its contractors would adversely affect the national 
                security or foreign policy of the United States or 
                violate a provision of law or regulation; and
                    (C) such data shall not be distributed in 
                competition with unenhanced data provided by the 
                Landsat 6 contractor.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (12) Unenhanced data.--The term ``unenhanced data'' means 
        land remote sensing signals or imagery products that are 
        unprocessed or subject only to data preprocessing.
            (13) United states government and its affiliated users.--
        The term ``United States Government and its affiliated users'' 
        means--
                    (A) United States Government agencies;
                    (B) researchers involved with the United States 
                Global Change Research Program and its international 
                counterpart programs; and
                    (C) other researchers and international entities 
                that have signed with the United States Government a 
                cooperative agreement involving the use of Landsat data 
                for noncommercial purposes.

                         SUBCHAPTER II--LANDSAT

Sec. 1111. Landsat Program Management
    (a) Establishment.--The Administrator and the Secretary of Defense 
shall be responsible for management of the Landsat program. Such 
responsibility shall be carried out by establishing an integrated 
program management structure for the Landsat system.
    (b) Management Plan.--The Administrator, the Secretary of Defense, 
and any other United States Government official the President 
designates as responsible for part of the Landsat program shall 
establish, through a management plan, the roles, responsibilities, and 
funding expectations for the Landsat program of the appropriate United 
States Government agencies. The management plan shall--
            (1) specify that the fundamental goal of the Landsat 
        Program Management is the continuity of unenhanced Landsat data 
        through the acquisition and operation of a Landsat 7 satellite 
        as quickly as practicable which is, at a minimum, functionally 
        equivalent to the Landsat 6 satellite, with the addition of a 
        tracking and data relay satellite communications capability;
            (2) include a baseline funding profile that--
                    (A) is mutually acceptable to the Administration 
                and the Department of Defense for the period covering 
                the development and operation of Landsat 7; and
                    (B) provides for total funding responsibility of 
                the Administration and the Department of Defense, 
                respectively, to be approximately equal to the funding 
                responsibility of the other as spread across the 
                development and operational life of Landsat 7;
            (3) specify that any improvements over the Landsat 6 
        functional equivalent capability for Landsat 7 will be funded 
        by a specific sponsoring agency or agencies, in a manner agreed 
        to by the Landsat Program Management, if the required funding 
        exceeds the baseline funding profile required by paragraph (2), 
        and that additional improvements will be sought only if the 
        improvements will not jeopardize data continuity; and
            (4) provide for a technology demonstration program whose 
        objective shall be the demonstration of advanced land remote 
        sensing technologies that may potentially yield a system which 
        is less expensive to build and operate, and more responsive to 
        data users, than is the current Landsat system.
    (c) Responsibilities.--The Landsat Program Management shall be 
responsible for--
            (1) Landsat 7 procurement, launch, and operations;
            (2) ensuring that the operation of the Landsat system is 
        responsive to the broad interests of the civilian, national 
        security, commercial, and foreign users of the Landsat system;
            (3) ensuring that all unenhanced Landsat data remain 
        unclassified and that, except as provided in subsections (a) 
        and (b) of section 1146 of this title, no restrictions are 
        placed on the availability of unenhanced data;
            (4) ensuring that land remote sensing data of high priority 
        locations will be acquired by the Landsat 7 system as required 
        to meet the needs of the United States Global Change Research 
        Program, as established in the Global Change Research Act of 
        1990 (15 U.S.C. 2921 et seq.), and to meet the needs of 
        national security users;
            (5) Landsat data responsibilities pursuant to this chapter;
            (6) oversight of Landsat contracts entered into under 
        section 1112 of this title;
            (7) coordination of a technology demonstration program 
        pursuant to section 1133 of this title; and
            (8) ensuring that copies of data acquired by the Landsat 
        system are provided to the National Satellite Land Remote 
        Sensing Data Archive.
    (d) Authority To Contract.--The Landsat Program Management may, 
subject to appropriations and only under the existing contract 
authority of the United States Government agencies that compose the 
Landsat Program Management, enter into contracts with the private 
sector for services such as satellite operations and data 
preprocessing.
    (e) Landsat Advisory Process.--
            (1) Advice and comments.--The Landsat Program Management 
        shall seek impartial advice and comments regarding the status, 
        effectiveness, and operation of the Landsat system, using 
        existing advisory committees and other appropriate mechanisms. 
        Such advice shall be sought from individuals who represent--
                    (A) a broad range of perspectives on basic and 
                applied science and operational needs with respect to 
                land remote sensing data;
                    (B) the full spectrum of users of Landsat data, 
                including representatives from United States Government 
                agencies, State and local government agencies, academic 
                institutions, nonprofit organizations, value-added 
                companies, the agricultural, mineral extraction, and 
                other user industries, and the public; and
                    (C) a broad diversity of age groups, sexes, and 
                races.
            (2) Reports.--The Landsat Program Management shall prepare 
        and submit biennially a report to Congress which--
                    (A) reports the public comments received pursuant 
                to paragraph (1); and
                    (B) includes--
                            (i) a response to the public comments 
                        received pursuant to paragraph (1);
                            (ii) information on the volume of use, by 
                        category, of data from the Landsat system; and
                            (iii) any recommendations for policy or 
                        programmatic changes to improve the utility and 
                        operation of the Landsat system.
Sec. 1112. Procurement of Landsat 7
    (a) Contract Negotiations.--The Landsat Program Management shall, 
subject to appropriations and only under the existing contract 
authority of the United States Government agencies that compose the 
Landsat Program Management, expeditiously contract with a United States 
private sector entity for the development and delivery of Landsat 7.
    (b) Development and Delivery Consideration.--In negotiating a 
contract under this section for the development and delivery of Landsat 
7, the Landsat Program Management shall--
            (1) seek, as a fundamental objective, to have Landsat 7 
        operational by the expected end of the design life of Landsat 
        6;
            (2) seek to ensure data continuity by the development and 
        delivery of a satellite which is, at a minimum, functionally 
        equivalent to the Landsat 6 satellite; and
            (3) seek to incorporate in Landsat 7 any performance 
        improvements required to meet United States Government needs 
        that would not jeopardize data continuity.
    (c) Notification of Cost and Schedule Changes.--The Landsat Program 
Management shall promptly notify Congress of any significant deviations 
from the expected cost, delivery date, and launch date of Landsat 7, 
that are specified by the Landsat Program Management upon award of the 
contract under this section.
    (d) United States Private Sector Entities.--The Landsat Program 
Management shall, for purposes of this chapter, define the term 
``United States private sector entities'', taking into account the 
location of operations, assets, personnel, and other such factors.
Sec. 1113. Transfer of Landsat 6 program responsibilities
    The responsibilities of the Secretary with respect to Landsat 6 
shall be transferred to the Landsat Program Management, as agreed to 
between the Secretary and the Landsat Program Management, pursuant to 
section 1111 of this title.
Sec. 1114. Data policy for Landsat 7
    (a) Landsat 7 Data Policy.--The Landsat Program Management, in 
consultation with other appropriate United States Government agencies, 
shall develop a data policy for Landsat 7 which should--
            (1) ensure that unenhanced data are available to all users 
        at the cost of fulfilling user requests;
            (2) ensure timely and dependable delivery of unenhanced 
        data to the full spectrum of civilian, national security, 
        commercial, and foreign users and the National Satellite Land 
        Remote Sensing Data Archive;
            (3) ensure that the United States retains ownership of all 
        unenhanced data generated by Landsat 7;
            (4) support the development of the commercial market for 
        remote sensing data;
            (5) ensure that the provision of commercial value-added 
        services based on remote sensing data remains exclusively the 
        function of the private sector; and
            (6) to the extent possible, ensure that the data 
        distribution system for Landsat 7 is compatible with the Earth 
        Observing System Data and Information System.
    (b) Additional Data Policy Considerations.--In addition, the data 
policy for Landsat 7 may provide for--
            (1) United States private sector entities to operate ground 
        receiving stations in the United States for Landsat 7 data;
            (2) other means for direct access by private sector 
        entities to unenhanced data from Landsat 7; and
            (3) the United States Government to charge a per image fee, 
        license fee, or other such fee to entities operating ground 
        receiving stations or distributing Landsat 7 data.

   SUBCHAPTER III--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

Sec. 1121. General licensing authority
    (a) Licensing Authority of Secretary.--
            (1) In general.--In consultation with other appropriate 
        United States Government agencies, the Secretary is authorized 
        to license private sector parties to operate private remote 
        sensing space systems for such period as the Secretary may 
        specify and in accordance with the provisions of this 
        subchapter.
            (2) Limitation with respect to system used for other 
        purposes.--In the case of a private space system that is used 
        for remote sensing and other purposes, the authority of the 
        Secretary under this subchapter shall be limited only to the 
        remote sensing operations of such space system.
    (b) Compliance With Law, Regulations, International Obligations, 
and National Security.--
            (1) In general.--No license shall be granted by the 
        Secretary unless the Secretary determines in writing that the 
        applicant will comply with the requirements of this chapter, 
        any regulations issued pursuant to this chapter, and any 
        applicable international obligations and national security 
        concerns of the United States.
            (2) List of requirements for complete application.--The 
        Secretary shall publish in the Federal Register a complete and 
        specific list of all information required to comprise a 
        complete application for a license under this subchapter. An 
        application shall be considered complete when the applicant has 
        provided all information required by the list most recently 
        published in the Federal Register before the date the 
        application was first submitted. Unless the Secretary has, 
        within 30 days after receipt of an application, notified the 
        applicant of information necessary to complete an application, 
        the Secretary may not deny the application on the basis of the 
        absence of any such information.
    (c) Deadline for Action on Application.--The Secretary shall review 
any application and make a determination thereon within 120 days of the 
receipt of such application. If final action has not occurred within 
such time, the Secretary shall inform the applicant of any pending 
issues and of actions required to resolve them.
    (d) Improper Basis for Denial.--The Secretary shall not deny such 
license in order to protect any existing licensee from competition.
    (e) Requirement To Provide Unenhanced Data.--
            (1) Designation of data.--The Secretary, in consultation 
        with other appropriate United States Government agencies and 
        pursuant to paragraph (2), shall designate in a license issued 
        pursuant to this subchapter any unenhanced data required to be 
        provided by the licensee under section 1122(b)(3) of this 
        title.
            (2) Preliminary determination.--The Secretary shall make a 
        designation under paragraph (1) after determining that--
                    (A) such data are generated by a system for which 
                all or a substantial part of the development, 
                fabrication, launch, or operations costs have been or 
                will be directly funded by the United States 
                Government; or
                    (B) it is in the interest of the United States to 
                require such data to be provided by the licensee 
                consistent with section 1122(b)(3) of this title, after 
                considering the impact on the licensee and the 
                importance of promoting widespread access to remote 
                sensing data from United States and foreign systems.
            (3) Consistency with contract or other arrangement.--A 
        designation made by the Secretary under paragraph (1) shall not 
        be inconsistent with any contract or other arrangement entered 
        into between a United States Government agency and the 
        licensee.
Sec. 1122. Conditions for operation
    (a) License Required for Operation.--No person that is subject to 
the jurisdiction or control of the United States may, directly or 
through any subsidiary or affiliate, operate any private remote sensing 
space system without a license pursuant to section 1121 of this title.
    (b) Licensing Requirements.--Any license issued pursuant to this 
subchapter shall specify that the licensee shall comply with all of the 
requirements of this chapter and shall--
            (1) operate the system in such manner as to preserve the 
        national security of the United States and to observe the 
        international obligations of the United States in accordance 
        with section 1146 of this title;
            (2) make available to the government of any country 
        (including the United States) unenhanced data collected by the 
        system concerning the territory under the jurisdiction of such 
        government as soon as such data are available and on reasonable 
        terms and conditions;
            (3) make unenhanced data designated by the Secretary in the 
        license pursuant to section 1121(e) of this title available in 
        accordance with section 1141 of this title;
            (4) upon termination of operations under the license, make 
        disposition of any satellites in space in a manner satisfactory 
        to the President;
            (5) furnish the Secretary with complete orbit and data 
        collection characteristics of the system, and inform the 
        Secretary immediately of any deviation; and
            (6) notify the Secretary of any significant or substantial 
        agreement the licensee intends to enter with a foreign nation, 
        entity, or consortium involving foreign nations or entities.
    (c) Additional Licensing Requirements for Landsat 6 Contractor.--In 
addition to the requirements of subsection (b), any license issued 
pursuant to this subchapter to the Landsat 6 contractor shall specify 
that the Landsat 6 contractor shall--
            (1) notify the Secretary of any value added activities (as 
        defined by the Secretary by regulation) that will be conducted 
        by the Landsat 6 contractor or by a subsidiary or affiliate; 
        and
            (2) if such activities are to be conducted, provide the 
        Secretary with a plan for compliance with section 1141 of this 
        title.
Sec. 1123. Administrative authority of Secretary
    (a) Functions.--In order to carry out the responsibilities 
specified in this subchapter, the Secretary may--
            (1) grant, condition, or transfer licenses under this 
        chapter;
            (2) seek an order of injunction or similar judicial 
        determination from a district court of the United States with 
        personal jurisdiction over the licensee to terminate, modify, 
        or suspend licenses under this subchapter and to terminate 
        licensed operations on an immediate basis, if the Secretary 
        determines that the licensee has substantially failed to comply 
        with any provisions of this chapter, with any terms, 
        conditions, or restrictions of such license, or with any 
        international obligations or national security concerns of the 
        United States;
            (3) provide penalties for noncompliance with the 
        requirements of licenses or regulations issued under this 
        subchapter, including civil penalties not to exceed $10,000 
        (each day of operation in violation of such licenses or 
        regulations constituting a separate violation);
            (4) compromise, modify, or remit any such civil penalty;
            (5) issue subpoenas for any materials, documents, or 
        records, or for the attendance and testimony of witnesses for 
        the purpose of conducting a hearing under this section;
            (6) seize any object, record, or report pursuant to a 
        warrant from a magistrate based on a showing of probable cause 
        to believe that such object, record, or report was used, is 
        being used, or is likely to be used in violation of this 
        chapter or the requirements of a license or regulation issued 
        thereunder; and
            (7) make investigations and inquiries and administer to or 
        take from any person an oath, affirmation, or affidavit 
        concerning any matter relating to the enforcement of this 
        chapter.
    (b) Review of Agency Action.--Any applicant or licensee that makes 
a timely request for review of an adverse action pursuant to paragraph 
(1), (3), (5), or (6) of subsection (a) shall be entitled to 
adjudication by the Secretary on the record after an opportunity for 
any agency hearing with respect to such adverse action. Any final 
action by the Secretary under this subsection shall be subject to 
judicial review under chapter 7 of title 5.
Sec. 1124. Regulatory authority of Secretary
    The Secretary may issue regulations to carry out this subchapter. 
Such regulations shall be promulgated only after public notice and 
comment in accordance with the provisions of section 553 of title 5.
Sec. 1125. Agency activities
    (a) License Application and Issuance.--A private sector party may 
apply for a license to operate a private remote sensing space system 
which utilizes, on a space-available basis, a civilian United States 
Government satellite or vehicle as a platform for such system. The 
Secretary, pursuant to this subchapter, may license such system if it 
meets all conditions of this subchapter and--
            (1) the system operator agrees to reimburse the Government 
        in a timely manner for all related costs incurred with respect 
        to such utilization, including a reasonable and proportionate 
        share of fixed, platform, data transmission, and launch costs; 
        and
            (2) such utilization would not interfere with or otherwise 
        compromise intended civilian Government missions, as determined 
        by the agency responsible for such civilian platform.
    (b) Assistance.--The Secretary may offer assistance to private 
sector parties in finding appropriate opportunities for such 
utilization.
    (c) Agreements.--To the extent provided in advance by appropriation 
Acts, any United States Government agency may enter into agreements for 
such utilization if such agreements are consistent with such agency's 
mission and statutory authority, and if such remote sensing space 
system is licensed by the Secretary before commencing operation.
    (d) Applicability.--This section does not apply to activities 
carried out under subchapter IV.
    (e) Effect on FCC Authority.--Nothing in this subchapter shall 
affect the authority of the Federal Communications Commission pursuant 
to the Communications Act of 1934 (47 U.S.C. 151 et seq.).

        SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION

Sec. 1131. Continued Federal research and development
    (a) Roles of Administration and Department of Defense.--
            (1) In general.--The Administrator and the Secretary of 
        Defense are directed to continue and to enhance programs of 
        remote sensing research and development.
            (2) Administration activities authorized and encouraged.--
        The Administrator is authorized and encouraged to--
                    (A) conduct experimental space remote sensing 
                programs (including applications demonstration programs 
                and basic research at universities);
                    (B) develop remote sensing technologies and 
                techniques, including those needed for monitoring the 
                Earth and its environment; and
                    (C) conduct such research and development in 
                cooperation with other United States Government 
                agencies and with public and private research entities 
                (including private industry, universities, non-profit 
                organizations, State and local governments, foreign 
                governments, and international organizations) and to 
                enter into arrangements (including joint ventures) 
                which will foster such cooperation.
    (b) Roles of Department of Agriculture and Department of the 
Interior.--
            (1) In general.--In order to enhance the ability of the 
        United States to manage and utilize its renewable and 
        nonrenewable resources, the Secretary of Agriculture and the 
        Secretary of the Interior are authorized and encouraged to 
        conduct programs of research and development in the 
        applications of remote sensing using funds appropriated for 
        such purposes.
            (2) Activities that may be included.--Such programs may 
        include basic research at universities, demonstrations of 
        applications, and cooperative activities involving other 
        Government agencies, private sector parties, and foreign and 
        international organizations.
    (c) Role of Other Federal Agencies.--Other United States Government 
agencies are authorized and encouraged to conduct research and 
development on the use of remote sensing in the fulfillment of their 
authorized missions, using funds appropriated for such purposes.
Sec. 1132. Availability of federally gathered unenhanced data
    (a) In General.--All unenhanced land remote sensing data gathered 
and owned by the United States Government, including unenhanced data 
gathered under the technology demonstration program carried out 
pursuant to section 1133 of this title, shall be made available to 
users in a timely fashion.
    (b) Protection for Commercial Data Distributor.--The President 
shall seek to ensure that unenhanced data gathered under the technology 
demonstration program carried out pursuant to section 1133 of this 
title shall, to the extent practicable, be made available on terms that 
would not adversely affect the commercial market for unenhanced data 
gathered by the Landsat 6 spacecraft.
Sec. 1133. Technology demonstration program
    (a) Establishment.--As a fundamental component of a national land 
remote sensing strategy, the President shall establish, through 
appropriate United States Government agencies, a technology 
demonstration program. The goals of the program shall be to--
            (1) seek to launch advanced land remote sensing system 
        components within 5 years after October 28, 1992;
            (2) demonstrate within such 5-year period advanced sensor 
        capabilities suitable for use in the anticipated land remote 
        sensing program; and
            (3) demonstrate within such 5-year period an advanced land 
        remote sensing system design that could be less expensive to 
        procure and operate than the Landsat system projected to be in 
        operation through the year 2000, and that therefore holds 
        greater potential for private sector investment and control.
    (b) Execution of Program.--In executing the technology 
demonstration program, the President shall seek to apply technologies 
associated with United States National Technical Means of intelligence 
gathering, to the extent that such technologies are appropriate for the 
technology demonstration and can be declassified for such purposes 
without causing adverse harm to United States national security 
interests.
    (c) Broad Application.--To the greatest extent practicable, the 
technology demonstration program established under subsection (a) shall 
be designed to be responsive to the broad civilian, national security, 
commercial, and foreign policy needs of the United States.
    (d) Private Sector Funding.--The technology demonstration program 
under this section may be carried out in part with private sector 
funding.
    (e) Landsat Program Management Coordination.--The Landsat Program 
Management shall have a coordinating role in the technology 
demonstration program carried out under this section.

                    SUBCHAPTER V--GENERAL PROVISIONS

Sec. 1141. Nondiscriminatory data availability
    (a) In General.--Except as provided in subsection (b), any 
unenhanced data generated by the Landsat system or any other land 
remote sensing system funded and owned by the United States Government 
shall be made available to all users without preference, bias, or any 
other special arrangement (except on the basis of national security 
concerns pursuant to section 1146 of this title) regarding delivery, 
format, pricing, or technical considerations which would favor one 
customer or class of customers over another.
    (b) Exceptions.--Unenhanced data generated by the Landsat system or 
any other land remote sensing system funded and owned by the United 
States Government may be made available to the United States Government 
and its affiliated users at reduced prices, in accordance with this 
chapter, on the condition that such unenhanced data are used solely for 
noncommercial purposes.
Sec. 1142. Archiving of data
    (a) Public Interest.--It is in the public interest for the United 
States Government to--
            (1) maintain an archive of land remote sensing data for 
        historical, scientific, and technical purposes, including long-
        term global environmental monitoring;
            (2) control the content and scope of the archive; and
            (3) ensure the quality, integrity, and continuity of the 
        archive.
    (b) Archiving Practices.--The Secretary of the Interior, in 
consultation with the Landsat Program Management, shall provide for 
long-term storage, maintenance, and upgrading of a basic, global, land 
remote sensing data set (hereafter in this section referred to as the 
``basic data set'') and shall follow reasonable archival practices to 
ensure proper storage and preservation of the basic data set and timely 
access for parties requesting data.
    (c) Determination of Content of Basic Data Set.--In determining the 
initial content of, or in upgrading, the basic data set, the Secretary 
of the Interior shall--
            (1) use as a baseline the data archived on October 28, 
        1992;
            (2) take into account future technical and scientific 
        developments and needs, paying particular attention to the 
        anticipated data requirements of global environmental change 
        research;
            (3) consult with and seek the advice of users and producers 
        of remote sensing data and data products;
            (4) consider the need for data which may be duplicative in 
        terms of geographical coverage but which differ in terms of 
        season, spectral bands, resolution, or other relevant factors;
            (5) include, as the Secretary of the Interior considers 
        appropriate, unenhanced data generated either by the Landsat 
        system, pursuant to subchapter II, or by licensees under 
        subchapter III;
            (6) include, as the Secretary of the Interior considers 
        appropriate, data collected by foreign ground stations or by 
        foreign remote sensing space systems; and
            (7) ensure that the content of the archive is developed in 
        accordance with section 1146 of this title.
    (d) Public Domain.--After the expiration of any exclusive right to 
sell, or after relinquishment of such right, the data provided to the 
National Satellite Land Remote Sensing Data Archive shall be in the 
public domain and shall be made available to requesting parties by the 
Secretary of the Interior at the cost of fulfilling user requests.
Sec. 1143. Nonreproduction
    Unenhanced data distributed by any licensee under subchapter III 
may be sold on the condition that such data will not be reproduced or 
disseminated by the purchaser for commercial purposes.
Sec. 1144. Reimbursement for assistance
    The Administrator, the Secretary of Defense, and the heads of other 
United States Government agencies may provide assistance to land remote 
sensing system operators under the provisions of this chapter. 
Substantial assistance shall be reimbursed by the operator, except as 
otherwise provided by law.
Sec. 1145. Acquisition of equipment
    The Landsat Program Management may, by means of a competitive 
process, allow a licensee under subchapter III or any other private 
party to buy, lease, or otherwise acquire the use of equipment from the 
Landsat system, when such equipment is no longer needed for the 
operation of such system or for the sale of data from such system. 
Officials of other United States Government civilian agencies are 
authorized and encouraged to cooperate with the Secretary in carrying 
out this section.
Sec. 1146. Radio frequency allocation
    (a) Application to Federal Communications Commission.--To the 
extent required by the Communications Act of 1934 (47 U.S.C. 151 et 
seq.), an application shall be filed with the Federal Communications 
Commission for any radio facilities involved with commercial remote 
sensing space systems licensed under subchapter III.
    (b) Deadline for FCC Action.--It is the intent of Congress that the 
Federal Communications Commission complete the radio licensing process 
under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the 
application of any private sector party or consortium operator of any 
commercial land remote sensing space system subject to this chapter, 
within 120 days of the receipt of an application for such licensing. If 
final action has not occurred within 120 days of the receipt of such an 
application, the Federal Communications Commission shall inform the 
applicant of any pending issues and of actions required to resolve 
them.
    (c) Development and Construction of United States Systems.--
Authority shall not be required from the Federal Communications 
Commission for the development and construction of any United States 
land remote sensing space system (or component thereof), other than 
radio transmitting facilities or components, while any licensing 
determination is being made.
    (d) Consistency With International Obligations and Public 
Interest.--Frequency allocations made pursuant to this section by the 
Federal Communications Commission shall be consistent with 
international obligations and with the public interest.
Sec. 1147. Consultation
    (a) Consultation With Secretary of Defense.--The Secretary and the 
Landsat Program Management shall consult with the Secretary of Defense 
on all matters under this chapter affecting national security. The 
Secretary of Defense shall be responsible for determining those 
conditions, consistent with this chapter, necessary to meet national 
security concerns of the United States and for notifying the Secretary 
and the Landsat Program Management promptly of such conditions.
    (b) Consultation With Secretary of State.--
            (1) In general.--The Secretary and the Landsat Program 
        Management shall consult with the Secretary of State on all 
        matters under this chapter affecting international obligations. 
        The Secretary of State shall be responsible for determining 
        those conditions, consistent with this chapter, necessary to 
        meet international obligations and policies of the United 
        States and for notifying promptly the Secretary and the Landsat 
        Program Management of such conditions.
            (2) International aid.--Appropriate United States 
        Government agencies are authorized and encouraged to provide 
        remote sensing data, technology, and training to developing 
        nations as a component of programs of international aid.
            (3) Reporting discriminatory distribution.--The Secretary 
        of State shall promptly report to the Secretary and Landsat 
        Program Management any instances outside the United States of 
        discriminatory distribution of Landsat data.
    (c) Status Report.--The Landsat Program Management shall, as often 
as necessary, provide to Congress complete and updated information 
about the status of ongoing operations of the Landsat system, including 
timely notification of decisions made with respect to the Landsat 
system in order to meet national security concerns and international 
obligations and policies of the United States Government.
    (d) Reimbursements.--If, as a result of technical modifications 
imposed on a licensee under subchapter III on the basis of national 
security concerns, the Secretary, in consultation with the Secretary of 
Defense or with other Federal agencies, determines that additional 
costs will be incurred by the licensee, or that past development costs 
(including the cost of capital) will not be recovered by the licensee, 
the Secretary may require the agency or agencies requesting such 
technical modifications to reimburse the licensee for such additional 
or development costs, but not for anticipated profits. Reimbursements 
may cover costs associated with required changes in system performance, 
but not costs ordinarily associated with doing business abroad.
Sec. 1148. Enforcement
    (a) In General.--In order to ensure that unenhanced data from the 
Landsat system received solely for noncommercial purposes are not used 
for any commercial purpose, the Secretary (in collaboration with 
private sector entities responsible for the marketing and distribution 
of unenhanced data generated by the Landsat system) shall develop and 
implement a system for enforcing this prohibition, in the event that 
unenhanced data from the Landsat system are made available for 
noncommercial purposes at a different price than such data are made 
available for other purposes.
    (b) Authority of Secretary.--Subject to subsection (d), the 
Secretary may impose any of the enforcement mechanisms described in 
subsection (c) against a person that--
            (1) receives unenhanced data from the Landsat system under 
        this chapter solely for noncommercial purposes (and at a 
        different price than the price at which such data are made 
        available for other purposes); and
            (2) uses such data for other than noncommercial purposes.
    (c) Enforcement Mechanisms.--Enforcement mechanisms referred to in 
subsection (b) may include civil penalties of not more than $10,000 
(per day per violation), denial of further unenhanced data purchasing 
privileges, and any other penalties or restrictions the Secretary 
considers necessary to ensure, to the greatest extent practicable, that 
unenhanced data provided for noncommercial purposes are not used to 
unfairly compete in the commercial market against private sector 
entities not eligible for data at the cost of fulfilling user requests.
    (d) Procedures and Regulations.--The Secretary shall issue any 
regulations necessary to carry out this section and shall establish 
standards and procedures governing the imposition of enforcement 
mechanisms under subsection (b). The standards and procedures shall 
include a procedure for potentially aggrieved parties to file formal 
protests with the Secretary alleging instances where such unenhanced 
data have been, or are being, used for commercial purposes in violation 
of the terms of receipt of such data. The Secretary shall promptly act 
to investigate any such protest, and shall report annually to Congress 
on instances of such violations.

 SUBCHAPTER VI--PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES

Sec. 1161. Prohibition
    Neither the President nor any other official of the Government 
shall make any effort to lease, sell, or transfer to the private 
sector, or commercialize, any portion of the weather satellite systems 
operated by the Department of Commerce or any successor agency.
Sec. 1162. Future considerations
    Regardless of any change in circumstances subsequent to October 28, 
1992, even if such change makes it appear to be in the national 
interest to commercialize weather satellites, neither the President nor 
any official shall take any action prohibited by section 1161 of this 
title unless this subchapter has first been repealed.

                       CHAPTER 13--SPACE COMMERCE

                       SUBCHAPTER I--DEFINITIONS

Sec.
1301. Definitions.
       SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

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.

                       SUBCHAPTER I--DEFINITIONS

Sec. 1301. Definitions
    In this chapter:
            (1) Commercial provider.--The term ``commercial provider'' 
        means any person providing space transportation services or 
        other space-related activities, primary control of which is 
        held by persons other than Federal, State, local, and foreign 
        governments.
            (2) Payload.--The term ``payload'' means anything that a 
        person undertakes to transport to, from, or within outer space, 
        or in suborbital trajectory, by means of a space transportation 
        vehicle, but does not include the space transportation vehicle 
        itself except for its components which are specifically 
        designed or adapted for that payload.
            (3) Space-related activities.--The term ``space-related 
        activities'' includes research and development, manufacturing, 
        processing, service, and other associated and support 
        activities.
            (4) Space transportation services.--The term ``space 
        transportation services'' means the preparation of a space 
        transportation vehicle and its payloads for transportation to, 
        from, or within outer space, or in suborbital trajectory, and 
        the conduct of transporting a payload to, from, or within outer 
        space, or in suborbital trajectory.
            (5) Space transportation vehicle.--The term ``space 
        transportation vehicle'' means any vehicle constructed for the 
        purpose of operating in, or transporting a payload to, from, or 
        within, outer space, or in suborbital trajectory, and includes 
        any component of such vehicle not specifically designed or 
        adapted for a payload.
            (6) State.--The term ``State'' means each of the several 
        States of the Union, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory, or possession of the United States.
            (7) United states commercial provider.--The term ``United 
        States commercial provider'' means a commercial provider, 
        organized under the laws of the United States or of a State, 
        that is--
                    (A) more than 50 percent owned by United States 
                nationals; or
                    (B) a subsidiary of a foreign company and the 
                Secretary of Transportation finds that--
                            (i) such subsidiary has in the past 
                        evidenced a substantial commitment to the 
                        United States market through--
                                    (I) investments in the United 
                                States in long-term research, 
                                development, and manufacturing 
                                (including the manufacture of major 
                                components and subassemblies); and
                                    (II) significant contributions to 
                                employment in the United States; and
                            (ii) the country or countries in which such 
                        foreign company is incorporated or organized, 
                        and, if appropriate, in which it principally 
                        conducts its business, affords reciprocal 
                        treatment to companies described in 
                        subparagraph (A) comparable to that afforded to 
                        such foreign company's subsidiary in the United 
                        States, as evidenced by--
                                    (I) providing comparable 
                                opportunities for companies described 
                                in subparagraph (A) to participate in 
                                Government-sponsored research and 
                                development similar to that authorized 
                                under this chapter;
                                    (II) providing no barriers, to 
                                companies described in subparagraph (A) 
                                with respect to local investment 
                                opportunities, that are not provided to 
                                foreign companies in the United States; 
                                and
                                    (III) providing adequate and 
                                effective protection for the 
                                intellectual property rights of 
                                companies described in subparagraph 
                                (A).

       SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

Sec. 1311. Commercialization of Space Station
    Congress declares that a priority goal of constructing the 
International Space Station is the economic development of Earth 
orbital space. Congress further declares that free and competitive 
markets create the most efficient conditions for promoting economic 
development, and should therefore govern the economic development of 
Earth orbital space. Congress further declares that the use of free 
market principles in operating, servicing, allocating the use of, and 
adding capabilities to the Space Station, and the resulting fullest 
possible engagement of commercial providers and participation of 
commercial users, will reduce Space Station operational costs for all 
partners and the Federal Government's share of the United States burden 
to fund operations.
Sec. 1312. Promotion of United States Global Positioning System 
              standards
    (a) Finding.--Congress finds that the Global Positioning System, 
including satellites, signal equipment, ground stations, data links, 
and associated command and control facilities, has become an essential 
element in civil, scientific, and military space development because of 
the emergence of a United States commercial industry which provides 
Global Positioning System equipment and related services.
    (b) International Cooperation.--In order to support and sustain the 
Global Positioning System in a manner that will most effectively 
contribute to the national security, public safety, scientific, and 
economic interests of the United States, Congress encourages the 
President to--
            (1) ensure the operation of the Global Positioning System 
        on a continuous worldwide basis free of direct user fees;
            (2) enter into international agreements that promote 
        cooperation with foreign governments and international 
        organizations to--
                    (A) establish the Global Positioning System and its 
                augmentations as an acceptable international standard; 
                and
                    (B) eliminate any foreign barriers to applications 
                of the Global Positioning System worldwide; and
            (3) provide clear direction and adequate resources to the 
        Assistant Secretary of Commerce for Communications and 
        Information so that on an international basis the Assistant 
        Secretary can--
                    (A) achieve and sustain efficient management of the 
                electromagnetic spectrum used by the Global Positioning 
                System; and
                    (B) protect that spectrum from disruption and 
                interference.
Sec. 1313. Acquisition of space science data
    (a) Definition of Space Science Data.--In this section, the term 
``space science data'' includes scientific data concerning--
            (1) the elemental and mineralogical resources of the moon, 
        asteroids, planets and their moons, and comets;
            (2) microgravity acceleration; and
            (3) solar storm monitoring.
    (b) Acquisition From Commercial Providers.--The Administrator 
shall, to the extent possible and while satisfying the scientific or 
educational requirements of the Administration, and where appropriate, 
of other Federal agencies and scientific researchers, acquire, where 
cost effective, space science data from a commercial provider.
    (c) Treatment of Space Science Data as Commercial Item Under 
Acquisition Laws.--Acquisitions of space science data by the 
Administrator shall be carried out in accordance with applicable 
acquisition laws and regulations (including chapters 137 and 140 of 
title 10). For purposes of such law and regulations, space science data 
shall be considered to be a commercial item. Nothing in this subsection 
shall be construed to preclude the United States from acquiring, 
through contracts with commercial providers, sufficient rights in data 
to meet the needs of the scientific and educational community or the 
needs of other government activities.
    (d) Safety Standards.--Nothing in this section shall be construed 
to prohibit the Federal Government from requiring compliance with 
applicable safety standards.
    (e) Limitation.--This section does not authorize the Administration 
to provide financial assistance for the development of commercial 
systems for the collection of space science data.
Sec. 1314. Administration of commercial space centers
    The Administrator shall administer the Commercial Space Center 
program in a coordinated manner from Administration headquarters in 
Washington, D.C.
Sec. 1315. Sources of Earth Science data
    (a) Acquisition.--The Administrator shall, to the extent possible 
and while satisfying the scientific or educational requirements of the 
Administration, and where appropriate, of other Federal agencies and 
scientific researchers, acquire, where cost-effective, space-based and 
airborne Earth remote sensing data, services, distribution, and 
applications from a commercial provider.
    (b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, distribution, 
and applications referred to in subsection (a) shall be carried out in 
accordance with applicable acquisition laws and regulations (including 
chapters 137 and 140 of title 10). For purposes of such law and 
regulations, such data, services, distribution, and applications shall 
be considered to be a commercial item. Nothing in this subsection shall 
be construed to preclude the United States from acquiring, through 
contracts with commercial providers, sufficient rights in data to meet 
the needs of the scientific and educational community or the needs of 
other government activities.
    (c) Safety Standards.--Nothing in this section shall be construed 
to prohibit the Federal Government from requiring compliance with 
applicable safety standards.
    (d) Administration and Execution.--This section shall be carried 
out as part of the Commercial Remote Sensing Program at the Stennis 
Space Center.

  SUBCHAPTER III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

Sec. 1331. Requirement to procure commercial space transportation 
              services
    (a) In General.--Except as otherwise provided in this section, the 
Federal Government shall acquire space transportation services from 
United States commercial providers whenever such services are required 
in the course of its activities. To the maximum extent practicable, the 
Federal Government shall plan missions to accommodate the space 
transportation services capabilities of United States commercial 
providers.
    (b) Exceptions.--The Federal Government shall not be required to 
acquire space transportation services under subsection (a) if, on a 
case-by-case basis, the Administrator or, in the case of a national 
security issue, the Secretary of the Air Force, determines that--
            (1) a payload requires the unique capabilities of the space 
        shuttle;
            (2) cost effective space transportation services that meet 
        specific mission requirements would not be reasonably available 
        from United States commercial providers when required;
            (3) the use of space transportation services from United 
        States commercial providers poses an unacceptable risk of loss 
        of a unique scientific opportunity;
            (4) the use of space transportation services from United 
        States commercial providers is inconsistent with national 
        security objectives;
            (5) the use of space transportation services from United 
        States commercial providers is inconsistent with international 
        agreements for international collaborative efforts relating to 
        science and technology;
            (6) it is more cost effective to transport a payload in 
        conjunction with a test or demonstration of a space 
        transportation vehicle owned by the Federal Government; or
            (7) a payload can make use of the available cargo space on 
        a space shuttle mission as a secondary payload, and such 
        payload is consistent with the requirements of research, 
        development, demonstration, scientific, commercial, and 
        educational programs authorized by the Administrator.
    (c) Agreements With Foreign Entities.--Nothing in this section 
shall prevent the Administrator from planning or negotiating agreements 
with foreign entities for the launch of Federal Government payloads for 
international collaborative efforts relating to science and technology.
    (d) Delayed Effect.--Subsection (a) shall not apply to space 
transportation services and space transportation vehicles acquired or 
owned by the Federal Government before October 28, 1998, or with 
respect to which a contract for such acquisition or ownership has been 
entered into before October 28, 1998.
    (e) Historical Purposes.--This section shall not be construed to 
prohibit the Federal Government from acquiring, owning, or maintaining 
space transportation vehicles solely for historical display purposes.
Sec. 1332. Acquisition of commercial space transportation services
    (a) Treatment of Commercial Space Transportation Services as 
Commercial Item Under Acquisition Laws.--Acquisitions of space 
transportation services by the Federal Government shall be carried out 
in accordance with applicable acquisition laws and regulations 
(including chapters 137 and 140 of title 10). For purposes of such law 
and regulations, space transportation services shall be considered to 
be a commercial item.
    (b) Safety Standards.--Nothing in this section shall be construed 
to prohibit the Federal Government from requiring compliance with 
applicable safety standards.
Sec. 1333. Shuttle privatization
    The Administrator shall prepare for an orderly transition from the 
Federal operation, or Federal management of contracted operation, of 
space transportation systems to the Federal purchase of commercial 
space transportation services for all nonemergency space transportation 
requirements for transportation to and from Earth orbit, including 
human, cargo, and mixed payloads. In those preparations, the 
Administrator shall take into account the need for short-term 
economies, as well as the goal of restoring the Administration's 
research focus and its mandate to promote the fullest possible 
commercial use of space. As part of those preparations, the 
Administrator shall plan for the potential privatization of the space 
shuttle program. Such plan shall keep safety and cost effectiveness as 
high priorities. Nothing in this section shall prohibit the 
Administration from studying, designing, developing, or funding 
upgrades or modifications essential to the safe and economical 
operation of the space shuttle fleet.
Sec. 1334. Use of excess intercontinental ballistic missiles
    (a) In General.--The Federal Government shall not--
            (1) convert any missile described in subsection (c) to a 
        space transportation vehicle configuration; or
            (2) transfer ownership of any such missile to another 
        person, except as provided in subsection (b).
    (b) Authorized Federal Uses.--
            (1) In general.--A missile described in subsection (c) may 
        be converted for use as a space transportation vehicle by the 
        Federal Government if, except as provided in paragraph (2) and 
        at least 30 days before such conversion, the agency seeking to 
        use the missile as a space transportation vehicle transmits to 
        the Committee on Armed Services and the Committee on Science of 
        the House of Representatives, and to the Committee on Armed 
        Services and the Committee on Commerce, Science, and 
        Transportation of the Senate, a certification that the use of 
        such missile--
                    (A) would result in cost savings to the Federal 
                Government when compared to the cost of acquiring space 
                transportation services from United States commercial 
                providers;
                    (B) meets all mission requirements of the agency, 
                including performance, schedule, and risk requirements;
                    (C) is consistent with international obligations of 
                the United States; and
                    (D) is approved by the Secretary of Defense or the 
                designee of the Secretary of Defense.
            (2) Exception to requirement that certification be 
        transmitted 30 days before conversion.--The requirement under 
        paragraph (1) that the certification described in that 
        paragraph must be transmitted at least 30 days before 
        conversion of the missile shall not apply if the Secretary of 
        Defense determines that compliance with that requirement would 
        be inconsistent with meeting immediate national security 
        requirements.
    (c) Missiles Referred to.--The missiles referred to in this section 
are missiles owned by the United States that--
            (1) were formerly used by the Department of Defense for 
        national defense purposes as intercontinental ballistic 
        missiles; and
            (2) have been declared excess to United States national 
        defense needs and are in compliance with international 
        obligations of the United States.
Sec. 1335. National launch capability study
    (a) Findings.--Congress finds that a robust satellite and launch 
industry in the United States serves the interest of the United States 
by--
            (1) contributing to the economy of the United States;
            (2) strengthening employment, technological, and scientific 
        interests of the United States; and
            (3) serving the foreign policy and national security 
        interests of the United States.
    (b) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (2) Total potential national mission model.--The term 
        ``total potential national mission model'' means a model that--
                    (A) is determined by the Secretary, in consultation 
                with the Administrator, to assess the total potential 
                space missions to be conducted in the United States 
                during a specified period of time; and
                    (B) includes all launches in the United States 
                (including launches conducted on or off a Federal 
                range).
    (c) Report.--
            (1) In general.--Not later than 180 days after October 28, 
        1998, the Secretary shall, in consultation with the 
        Administrator and appropriate representatives of the satellite 
        and launch industry and the governments of States and political 
        subdivisions thereof--
                    (A) prepare a report that meets the requirements of 
                this subsection; and
                    (B) submit that report to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Science of the House of 
                Representatives.
            (2) Requirements for report.--The report prepared under 
        this subsection shall--
                    (A) identify the total potential national mission 
                model for the period beginning on the date of the 
                report and ending on December 31, 2007;
                    (B) identify the resources that are necessary or 
                available to carry out the total potential national 
                mission model described in subparagraph (A), 
                including--
                            (i) launch property and services of the 
                        Department of Defense, the Administration, and 
                        non-Federal facilities; and
                            (ii) the ability to support commercial 
                        launch-on-demand on short notification, taking 
                        into account Federal requirements, at launch 
                        sites or test ranges in the United States;
                    (C) identify each deficiency in the resources 
                referred to in subparagraph (B); and
                    (D) with respect to the deficiencies identified 
                under subparagraph (C), include estimates of the level 
                of funding necessary to address those deficiencies for 
                the period described in subparagraph (A).
    (d) Recommendations.--Based on the report under subsection (c), the 
Secretary, after consultation with the Secretary of Transportation, the 
Secretary of Commerce, and representatives from interested private 
sector entities, States, and local governments, shall--
            (1) identify opportunities for investment by non-Federal 
        entities (including States and political subdivisions thereof 
        and private sector entities) to assist the Federal Government 
        in providing launch capabilities for the commercial space 
        industry in the United States;
            (2) identify one or more methods by which, if sufficient 
        resources referred to in subsection (c)(2)(D) are not available 
        to the Department of Defense and the Administration, the 
        control of the launch property and launch services of the 
        Department of Defense and the Administration may be transferred 
        from the Department of Defense and the Administration to--
                    (A) one or more other Federal agencies;
                    (B) one or more States (or subdivisions thereof);
                    (C) one or more private sector entities; or
                    (D) any combination of the entities described in 
                subparagraphs (A) to (C); and
            (3) identify the technical, structural, and legal 
        impediments associated with making launch sites or test ranges 
        in the United States viable and competitive.

        CHAPTER 15--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION

Sec.
1501. Findings.
1502. Definitions.
1503. Loan guarantees for production of commercial reusable in-space 
                            transportation.
Sec. 1501. Findings
    Congress makes the following findings:
            (1) It is in the national interest to encourage the 
        production of cost-effective, in-space transportation systems, 
        which would be built and operated by the private sector on a 
        commercial basis.
            (2) The use of reusable in-space transportation systems 
        will enhance performance levels of in-space operations, enhance 
        efficient and safe disposal of satellites at the end of their 
        useful lives, and increase the capability and reliability of 
        existing ground-to-space launch vehicles.
            (3) Commercial reusable in-space transportation systems 
        will enhance the economic well-being and national security of 
        the United States by reducing space operations costs for 
        commercial and national space programs and by adding new space 
        capabilities to space operations.
            (4) Commercial reusable in-space transportation systems 
        will provide new cost-effective space capabilities (including 
        orbital transfers from low altitude orbits to high altitude 
        orbits and return, the correction of erroneous satellite 
        orbits, and the recovery, refurbishment, and refueling of 
        satellites) and the provision of upper stage functions to 
        increase ground-to-orbit launch vehicle payloads to 
        geostationary and other high energy orbits.
            (5) Commercial reusable in-space transportation systems can 
        enhance and enable the space exploration of the United States 
        by providing lower cost trajectory injection from Earth orbit, 
        transit trajectory control, and planet arrival deceleration to 
        support potential Administration missions to Mars, Pluto, and 
        other planets.
            (6) Satellites stranded in erroneous Earth orbit due to 
        deficiencies in their launch represent substantial economic 
        loss to the United States and present substantial concerns for 
        the current backlog of national space assets.
            (7) Commercial reusable in-space transportation systems can 
        provide new options for alternative planning approaches and 
        risk management to enhance the mission assurance of national 
        space assets.
            (8) Commercial reusable in-space transportation systems 
        developed by the private sector can provide in-space 
        transportation services to the Administration, the Department 
        of Defense, the National Reconnaissance Office, and other 
        agencies without the need for the United States to bear the 
        cost of production of such systems.
            (9) The availability of loan guarantees, with the cost of 
        credit risk to the United States paid by the private sector, is 
        an effective means by which the United States can help 
        qualifying private sector companies secure otherwise 
        unattainable private financing for the production of commercial 
        reusable in-space transportation systems, while at the same 
        time minimizing Government commitment and involvement in the 
        development of such systems.
Sec. 1502. Definitions
    In this chapter:
            (1) Commercial provider.--The term ``commercial provider'' 
        means any person or entity providing commercial reusable in-
        orbit space transportation services or systems, primary control 
        of which is held by persons other than the Federal Government, 
        a State or local government, or a foreign government.
            (2) In-space transportation services.--The term ``in-space 
        transportation services'' means operations and activities 
        involved in the direct transportation or attempted 
        transportation of a payload or object from one orbit to another 
        by means of an in-space transportation vehicle.
            (3) In-space transportation system.--The term ``in-space 
        transportation system'' means the space and ground elements, 
        including in-space transportation vehicles and support space 
        systems, and ground administration and control facilities and 
        associated equipment, necessary for the provision of in-space 
        transportation services.
            (4) In-space transportation vehicle.--The term ``in-space 
        transportation vehicle'' means a vehicle designed--
                    (A) to be based and operated in space;
                    (B) to transport various payloads or objects from 
                one orbit to another orbit; and
                    (C) to be reusable and refueled in space.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Defense.
            (6) United states commercial provider.--The term ``United 
        States commercial provider'' means any commercial provider 
        organized under the laws of the United States that is more than 
        50 percent owned by United States nationals.
Sec. 1503. Loan guarantees for production of commercial reusable in-
              space transportation
    (a) Authority To Make Loan Guarantees.--The Secretary may guarantee 
loans made to eligible United States commercial providers for purposes 
of producing commercial reusable in-space transportation services or 
systems.
    (b) Eligible United States Commercial Providers.--The Secretary 
shall prescribe requirements for the eligibility of United States 
commercial providers for loan guarantees under this section. Such 
requirements shall ensure that eligible providers are financially 
capable of undertaking a loan guaranteed under this section.
    (c) Limitation on Loans Guaranteed.--The Secretary may not 
guarantee a loan for a United States commercial provider under this 
section unless the Secretary determines that credit would not otherwise 
be reasonably available at the time of the guarantee for the commercial 
reusable in-space transportation service or system to be produced 
utilizing the proceeds of the loan.
    (d) Credit Subsidy.--
            (1) Collection required.--The Secretary shall collect from 
        each United States commercial provider receiving a loan 
        guarantee under this section an amount equal to the amount, as 
        determined by the Secretary, to cover the cost, as defined in 
        section 502(5) of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661a(5)), of the loan guarantee.
            (2) Periodic disbursements.--In the case of a loan 
        guarantee in which proceeds of the loan are disbursed over 
        time, the Secretary shall collect the amount required under 
        this subsection on a pro rata basis, as determined by the 
        Secretary, at the time of each disbursement.
    (e) Other Terms and Conditions.--
            (1) Prohibition on subordination.--A loan guaranteed under 
        this section may not be subordinated to another debt contracted 
        by the United States commercial provider concerned, or to any 
        other claims against such provider.
            (2) Restriction on income.--A loan guaranteed under this 
        section may not--
                    (A) provide income which is excluded from gross 
                income for purposes of chapter 1 of the Internal 
                Revenue Code of 1986 (26 U.S.C. 1 et seq.); or
                    (B) provide significant collateral or security, as 
                determined by the Secretary, for other obligations the 
                income from which is so excluded.
            (3) Treatment of guarantee.--The guarantee of a loan under 
        this section shall be conclusive evidence of the following:
                    (A) That the guarantee has been properly obtained.
                    (B) That the loan qualifies for the guarantee.
                    (C) That, but for fraud or material 
                misrepresentation by the holder of the loan, the 
                guarantee is valid, legal, and enforceable.
            (4) Other terms and conditions.--The Secretary may 
        establish any other terms and conditions for a guarantee of a 
        loan under this section as the Secretary considers appropriate 
        to protect the financial interests of the United States.
    (f) Enforcement of Rights.--
            (1) In general.--The Attorney General may take any action 
        the Attorney General considers appropriate to enforce any right 
        accruing to the United States under a loan guarantee under this 
        section.
            (2) Forbearance.--The Attorney General may, with the 
        approval of the parties concerned, forbear from enforcing any 
        right of the United States under a loan guaranteed under this 
        section for the benefit of a United States commercial provider 
        if such forbearance will not result in any cost, as defined in 
        section 502(5) of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661a(5)), to the United States.
            (3) Utilization of property.--Notwithstanding any other 
        provision of law and subject to the terms of a loan guaranteed 
        under this section, upon the default of a United States 
        commercial provider under the loan, the Secretary may, at the 
        election of the Secretary--
                    (A) assume control of the physical asset financed 
                by the loan; and
                    (B) complete, recondition, reconstruct, renovate, 
                repair, maintain, operate, or sell the physical asset.
    (g) Credit Instruments.--
            (1) Authority to issue instruments.--Notwithstanding any 
        other provision of law, the Secretary may, subject to such 
        terms and conditions as the Secretary considers appropriate, 
        issue credit instruments to United States commercial providers 
        of in-space transportation services or systems, with the 
        aggregate cost (as determined under the provisions of the 
        Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of 
        such instruments not to exceed $1,500,000,000, but only to the 
        extent that new budget authority to cover such costs is 
        provided in subsequent appropriations Acts or authority is 
        otherwise provided in subsequent appropriations Acts.
            (2) Credit subsidy.--The Secretary shall provide a credit 
        subsidy for any credit instrument issued under this subsection 
        in accordance with the provisions of the Federal Credit Reform 
        Act of 1990 (2 U.S.C. 661 et seq.).
            (3) Construction.--The eligibility of a United States 
        commercial provider of in-space transportation services or 
        systems for a credit instrument under this subsection is in 
        addition to any eligibility of such provider for a loan 
        guarantee under other provisions of this section.

              CHAPTER 17--COMMERCIAL SPACE COMPETITIVENESS

Sec.
1701. Findings.
1702. Definitions.
1703. Launch voucher demonstration program.
1704. Anchor tenancy and termination liability.
1705. Use of Government facilities.
1706. Commercial Space Achievement Award.
Sec. 1701. Findings
    Congress finds that--
            (1) commercial activities of the private sector have 
        substantially contributed to the strength of both the United 
        States space program and the national economy;
            (2) a robust United States space transportation capability 
        remains a vital cornerstone of the United States space program;
            (3) the availability of commercial launch services is 
        essential for the continued growth of the United States 
        commercial space sector;
            (4) a timely extension of the excess third party claims 
        payment provisions of chapter 701 of title 49 is appropriate 
        and necessary to enable the private sector to continue covering 
        maximum probable liability risks while protecting the private 
        sector from uninsurable levels of liability which could hinder 
        international competitiveness;
            (5) a program to demonstrate how recipients of Federal 
        grants can purchase launch services directly from the private 
        sector has the potential to improve the capabilities of the 
        United States commercial launch industry;
            (6) improvements and additions to the Nation's space 
        transportation infrastructure contribute to a robust and cost 
        effective space transportation capability for both public 
        sector and private sector users;
            (7) private sector use of available Government facilities 
        on a reimbursable basis contributes to a stronger commercial 
        space sector;
            (8) the Federal Government should purchase space goods and 
        services which are commercially available, or could be made 
        available commercially in response to a Government procurement 
        request, whenever such goods or services meet Government 
        mission requirements in a cost effective manner;
            (9) it is appropriate for the Government to act as an 
        anchor tenant for commercial space development projects which 
        have a reasonable potential to develop non-Federal markets and 
        which meet Federal needs in a cost effective manner; and
            (10) the provision of compensation to commercial providers 
        of space goods and services for termination of contracts at the 
        convenience of the Government assists in enabling the private 
        sector to invest in space activities which are initially 
        dependent on Government purchases.
Sec. 1702. Definitions
    In this chapter:
            (1) Agency.--The term ``agency'' means an executive agency 
        as defined in section 105 of title 5.
            (2) Anchor tenancy.--The term ``anchor tenancy'' means an 
        arrangement in which the United States Government agrees to 
        procure sufficient quantities of a commercial space product or 
        service needed to meet Government mission requirements so that 
        a commercial venture is made viable.
            (3) Commercial.--The term ``commercial'' means having--
                    (A) private capital at risk; and
                    (B) primary financial and management responsibility 
                for the activity reside with the private sector.
            (4) Cost effective.--The term ``cost effective'' means 
        costing no more than the available alternatives, determined by 
        a comparison of all related direct and indirect costs 
        including, in the case of Government costs, applicable 
        Government labor and overhead costs as well as contractor 
        charges, and taking into account the ability of each 
        alternative to accommodate mission requirements as well as the 
        related factors of risk, reliability, schedule, and technical 
        performance.
            (5) Launch.--The term ``launch'' means to place, or attempt 
        to place, a launch vehicle and its payload, if any, in a 
        suborbital trajectory, in Earth orbit in outer space, or 
        otherwise in outer space.
            (6) Launch services.--The term ``launch services'' means 
        activities involved in the preparation of a launch vehicle and 
        its payload for launch and the conduct of a launch.
            (7) Launch support facilities.--The term ``launch support 
        facilities'' means facilities located at launch sites or launch 
        ranges that are required to support launch activities, 
        including launch vehicle assembly, launch vehicle operations 
        and control, communications, flight safety functions, and 
        payload operations, control, and processing.
            (8) Launch vehicle.--The term ``launch vehicle'' means any 
        vehicle constructed for the purpose of operating in or placing 
        a payload in outer space or in suborbital trajectories, and 
        includes components of that vehicle.
            (9) Payload.--The term ``payload'' means an object which a 
        person undertakes to launch, and includes subcomponents of the 
        launch vehicle specifically designed or adapted for that 
        object.
            (10) Payload integration services.--The term ``payload 
        integration services'' means activities involved in integrating 
        multiple payloads into a single payload for launch or 
        integrating a payload with a launch vehicle.
            (11) Space recovery support facilities.--The term ``space 
        recovery support facilities'' means facilities required to 
        support activities related to the recovery of payloads returned 
        from space to a space recovery site, including operations and 
        control, communications, flight safety functions, and payload 
        processing.
            (12) Space transportation infrastructure.--The term ``space 
        transportation infrastructure'' means facilities, associated 
        equipment, and real property (including launch sites, launch 
        support facilities, space recovery sites, and space recovery 
        support facilities) required to perform launch or space 
        recovery activities.
            (13) State.--The term ``State'' means the several States, 
        the District of Columbia, Puerto Rico, American Samoa, the 
        United States Virgin Islands, Guam, the Northern Mariana 
        Islands, and any other commonwealth, territory, or possession 
        of the United States.
            (14) United states.--The term ``United States'' means the 
        States, collectively.
Sec. 1703. Launch voucher demonstration program
    (a) Requirement To Establish Program.--The Administrator shall 
establish a demonstration program to award vouchers for the payment of 
commercial launch services and payload integration services for the 
purpose of launching payloads funded by the Administration.
    (b) Award of Vouchers.--The Administrator shall award vouchers 
under subsection (a) to appropriate individuals as a part of grants 
administered by the Administration for the launch of--
            (1) payloads to be placed in suborbital trajectories; and
            (2) small payloads to be placed in orbit.
    (c) Assistance.--The Administrator may provide voucher award 
recipients with such assistance (including contract formulation and 
technical support during the proposal evaluation) as may be necessary 
to ensure the purchase of cost effective and reasonably reliable 
commercial launch services and payload integration services.
Sec. 1704. Anchor tenancy and termination liability
    (a) Anchor Tenancy Contracts.--Subject to appropriations, the 
Administrator or the Administrator of the National Oceanic and 
Atmospheric Administration may enter into multiyear anchor tenancy 
contracts for the purchase of a good or service if the appropriate 
Administrator determines that--
            (1) the good or service meets the mission requirements of 
        the Administration or the National Oceanic and Atmospheric 
        Administration, as appropriate;
            (2) the commercially procured good or service is cost 
        effective;
            (3) the good or service is procured through a competitive 
        process;
            (4) existing or potential customers for the good or service 
        other than the United States Government have been specifically 
        identified;
            (5) the long-term viability of the venture is not dependent 
        upon a continued Government market or other nonreimbursable 
        Government support; and
            (6) private capital is at risk in the venture.
    (b) Termination Liability.--
            (1) In general.--Contracts entered into under subsection 
        (a) may provide for the payment of termination liability in the 
        event that the Government terminates such contracts for its 
        convenience.
            (2) Fixed schedule of payments and limitation on 
        liability.--Contracts that provide for the payment of 
        termination liability, as described in paragraph (1), shall 
        include a fixed schedule of such termination liability 
        payments. Liability under such contracts shall not exceed the 
        total payments which the Government would have made after the 
        date of termination to purchase the good or service if the 
        contract were not terminated.
            (3) Use of funds.--Subject to appropriations, funds 
        available for such termination liability payments may be used 
        for purchase of the good or service upon successful delivery of 
        the good or service pursuant to the contract. In such case, 
        sufficient funds shall remain available to cover any remaining 
        termination liability.
    (c) Limitations.--
            (1) Duration.--Contracts entered into under this section 
        shall not exceed 10 years in duration.
            (2) Fixed price.--Such contracts shall provide for delivery 
        of the good or service on a firm, fixed price basis.
            (3) Performance specifications.--To the extent practicable, 
        reasonable performance specifications shall be used to define 
        technical requirements in such contracts.
            (4) Failure to perform.--In any such contract, the 
        appropriate Administrator shall reserve the right to completely 
        or partially terminate the contract without payment of such 
        termination liability because of the contractor's actual or 
        anticipated failure to perform its contractual obligations.
Sec. 1705. Use of Government facilities
    (a) Authority.--
            (1) In general.--Federal agencies, including the 
        Administration and the Department of Defense, may allow non-
        Federal entities to use their space-related facilities on a 
        reimbursable basis if the Administrator, the Secretary of 
        Defense, or the appropriate agency head determines that--
                    (A) the facilities will be used to support 
                commercial space activities;
                    (B) such use can be supported by existing or 
                planned Federal resources;
                    (C) such use is compatible with Federal activities;
                    (D) equivalent commercial services are not 
                available on reasonable terms; and
                    (E) such use is consistent with public safety, 
                national security, and international treaty 
                obligations.
            (2) Consultation.--In carrying out paragraph (1)(E), each 
        agency head shall consult with appropriate Federal officials.
    (b) Reimbursement Payment.--
            (1) Amount.--The reimbursement referred to in subsection 
        (a) may be an amount equal to the direct costs (including 
        salaries of United States civilian and contractor personnel) 
        incurred by the United States as a result of the use of such 
        facilities by the private sector. For the purposes of this 
        paragraph, the term ``direct costs'' means the actual costs 
        that can be unambiguously associated with such use, and would 
        not be borne by the United States Government in the absence of 
        such use.
            (2) Credit to appropriation.--The amount of any payment 
        received by the United States for use of facilities under this 
        subsection shall be credited to the appropriation from which 
        the cost of providing such facilities was paid.
Sec. 1706. Commercial Space Achievement Award
    (a) Establishment.--There is established a Commercial Space 
Achievement Award. The award shall consist of a medal, which shall be 
of such design and materials and bear such inscriptions as determined 
by the Secretary of Commerce. A cash prize may also be awarded if 
funding for the prize is available under subsection (d).
    (b) Criteria for Award.--The Secretary of Commerce shall 
periodically make awards under this section to individuals, 
corporations, corporate divisions, or corporate subsidiaries 
substantially engaged in commercial space activities that in the 
opinion of the Secretary of Commerce best meet the following criteria:
            (1) Non-governmental revenue.--For corporate entities, at 
        least half of the revenues from the space-related activities of 
        the corporation, division, or subsidiary is derived from 
        sources other than the United States Government.
            (2) Substantial contribution.--The activities and 
        achievements of the individual, corporation, division, or 
        subsidiary have substantially contributed to the United States 
        gross national product and the stature of United States 
        industry in international markets, with due consideration for 
        both the economic magnitude and the technical quality of the 
        activities and achievements.
            (3) Substantial advancement of technology.--The individual, 
        corporation, division, or subsidiary has substantially advanced 
        space technology and space applications directly related to 
        commercial space activities.
    (c) Limitations.--No individual or corporate entity may receive an 
award under this section more than once every 5 years.
    (d) Funding for Award.--The Secretary of Commerce may seek and 
accept gifts of money from public and private sources for the purpose 
of making cash prize awards under this section. Such money may be used 
only for that purpose, only such money may be used for that purpose, 
and the Secretary of Commerce shall make publicly available an itemized 
list of the sources of such funding.

SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.

    (a) Title 31.--Section 1304(a)(3)(D) of title 31, United States 
Code, is amended by striking ``section 203 of the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2473)'' and substituting ``section 313 
of title 51''.
    (b) Title 35.--Section 210(a)(7) of title 35, United States Code, 
is amended by striking ``section 305 of the National Aeronautics and 
Space Act of 1958 (42 U.S.C. 2457)'' and substituting ``section 335 of 
title 51''.
    (c) Title 49.--Title 49, United States Code, is amended as follows:
            (1) Section 70117(b)(2) is amended by striking ``the Land 
        Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)'' 
        and substituting ``chapter 11 of title 51''.
            (2) Section 70301(1) is amended by striking ``section 502 
        of the National Aeronautics and Space Administration 
        Authorization Act, Fiscal Year 1993 (15 U.S.C. 5802)'' and 
        substituting ``section 1702 of title 51''.

SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS.

    (a) Cutoff Date.--This Act replaces certain provisions of law 
enacted on or before April 30, 2005. If a law enacted after that date 
amends or repeals a provision replaced by this Act, that law is deemed 
to amend or repeal, as the case may be, the corresponding provision 
enacted by this Act. If a law enacted after that date is otherwise 
inconsistent with this Act, it supersedes this Act to the extent of the 
inconsistency.
    (b) Original Date of Enactment Unchanged.--For purposes of 
determining whether one provision of law supersedes another based on 
enactment later in time, the date of enactment of a provision enacted 
by this Act is deemed to be the date of enactment of the provision it 
replaced.
    (c) References to Provisions Replaced.--A reference to a provision 
of law replaced by this Act, including a reference in a regulation, 
order, or other law, is deemed to refer to the corresponding provision 
enacted by this Act.
    (d) Regulations, Orders, and Other Administrative Actions.--A 
regulation, order, or other administrative action in effect under a 
provision of law replaced by this Act continues in effect under the 
corresponding provision enacted by this Act.
    (e) Actions Taken and Offenses Committed.--An action taken or an 
offense committed under a provision of law replaced by this Act is 
deemed to have been taken or committed under the corresponding 
provision enacted by this Act.

SEC. 6. REPEALS.

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

                                                                                                        Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                Statutes at Large             U.S. Code Citations (informational)
                      Date of Enactment                       Public Law                                       Section                                     -----------------------------------------------------------------------------
                                                                                                                                                             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
 
 
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, Sec. 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
                                                                                                                            (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
 
 
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
 
 
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
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 
 
 
 
 
                                                                                                               <all>
```