I 

110TH CONGRESS 

1ST SESSION H. R. 4780 

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

Programs’’, as positive law. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2007 

Mr. CONYERS (for himself and Mr. SMITH of Texas) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

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

Commercial Space Programs’’, as positive law. 

1 Be it enacted by the Senate and House of Representatives of the United 

2 States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

4 The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Purpose; conformity with original intent. 

Sec. 3. Enactment of title 51, United States Code. 

Sec. 4. Conforming amendments to other laws. 

Sec. 5. Transitional and savings provisions. 

Sec. 6. Repeals. 

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

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

7 related to national and commercial space programs as a positive law title 

8 of the United States Code. 

9 (b) CONFORMITY WITH ORIGINAL INTENT.—In the codification of laws 

10 by this Act, the intent is to conform to the understood policy, intent, and 

11 purpose of Congress in the original enactments, with such amendments and 

12 corrections as will remove ambiguities, contradictions, and other imperfecVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 tions, in accordance with section 205(c)(1) of House Resolution No. 988, 

2 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 

3 285b(1)). 

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

5 Title 51, United States Code, ‘‘National and Commercial Space Pro6 grams’’, is enacted as follows: 

7 TITLE 51—NATIONAL AND COMMERCIAL 

8 SPACE PROGRAMS 

Subtitle Sec. 

I. GENERAL ..................................................................................................... 10101 

II. GENERAL PROGRAM AND POLICY PROVISIONS .................... 20101 

III. ADMINISTRATIVE PROVISIONS ....................................................... 30101 

IV. AERONAUTICS AND SPACE RESEARCH AND EDUCATION 40101 

V. PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES 50101 

VI. LAND REMOTE SENSING POLICY PROGRAMS ......................... 60101 

VII. ACCESS TO SPACE .................................................................................. 70101 

9 Subtitle I—General 

Chapter Sec. 

101. Definitions ................................................................................................... 10101 

10 CHAPTER 101—DEFINITIONS 

Sec. 

10101. Definitions. 

11 § 10101. Definitions 

12 In this title: 

13 (1) ADMINISTRATION.—The term ‘‘Administration’’ means the Na14 tional Aeronautics and Space Administration. 

15 (2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin16 istrator of the National Aeronautics and Space Administration. 

17 Subtitle II—General Program and Policy 

18 Provisions 

Chapter Sec. 

201. National Aeronautics and Space Program ...................................... 20101 

203. Responsibilities and Vision ................................................................... 20301 

19 CHAPTER 201—NATIONAL AERONAUTICS AND SPACE 

20 PROGRAM 

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

Sec. 

20101. Short title. 

20102. Congressional declaration of policy and purpose. 

20103. Definitions. 

SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES 

20111. National Aeronautics and Space Administration. 

20112. Functions of the Administration. 

20113. Powers of the Administration in performance of functions. 

20114. Administration and Department of Defense coordination. 

20115. International cooperation. 

20116. Reports to Congress. 

20117. Disposal of excess land. 

SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

20131. Public access to information. 


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20132. Security requirements. 

20133. Permission to carry firearms. 

20134. Arrest authority. 

20135. Property rights in inventions. 

20136. Contributions awards. 

20137. Malpractice and negligence suits against United States. 

20138. Insurance and indemnification. 

20139. Insurance for experimental aerospace vehicles. 

20140. Appropriations. 

20141. Misuse of agency name and initials. 

20142. Contracts regarding expendable launch vehicles. 

20143. Full cost appropriations account structure. 

20144. Prize authority. 

20145. Enhanced-use lease of real property demonstration. 

20146. Retrocession of jurisdiction. 

20147. Recovery and disposition authority. 

SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 

20161. Congressional declaration of purpose and policy. 

20162. Definition of upper atmosphere. 

20163. Program authorized. 

20164. International cooperation. 

1 SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND 

2 DEFINITIONS 

3 § 20101. Short title 

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

5 § 20102. Congressional declaration of policy and purpose 

6 (a) DEVOTION OF SPACE ACTIVITIES TO PEACEFUL PURPOSES FOR BEN7 EFIT OF ALL HUMANKIND.—Congress declares that it is the policy of the 

8 United States that activities in space should be devoted to peaceful purposes 

9 for the benefit of all humankind. 

10 (b) AERONAUTICAL AND SPACE ACTIVITIES FOR WELFARE AND SECU11 RITY OF UNITED STATES.—Congress declares that the general welfare and 

12 security of the United States require that adequate provision be made for 

13 aeronautical and space activities. Congress further declares that such activi14 ties shall be the responsibility of, and shall be directed by, a civilian agency 

15 exercising control over aeronautical and space activities sponsored by the 

16 United States, except that activities peculiar to or primarily associated with 

17 the development of weapons systems, military operations, or the defense of 

18 the United States (including the research and development necessary to 

19 make effective provision for the defense of the United States) shall be the 

20 responsibility of, and shall be directed by, the Department of Defense; and 

21 that determination as to which agency has responsibility for and direction 

22 of any such activity shall be made by the President. 

23 (c) COMMERCIAL USE OF SPACE.—Congress declares that the general 

24 welfare of the United States requires that the Administration seek and en25 courage, to the maximum extent possible, the fullest commercial use of 

26 space. 


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1 (d) OBJECTIVES OF AERONAUTICAL AND SPACE ACTIVITIES.—The aero2 nautical and space activities of the United States shall be conducted so as 

3 to contribute materially to one or more of the following objectives: 

4 (1) The expansion of human knowledge of the Earth and of phe5 nomena in the atmosphere and space. 

6 (2) The improvement of the usefulness, performance, speed, safety, 

7 and efficiency of aeronautical and space vehicles. 

8 (3) The development and operation of vehicles capable of carrying in9 struments, equipment, supplies, and living organisms through space. 

10 (4) The establishment of long-range studies of the potential benefits 

11 to be gained from, the opportunities for, and the problems involved in 

12 the utilization of aeronautical and space activities for peaceful and sci13 entific purposes. 

14 (5) The preservation of the role of the United States as a leader in 

15 aeronautical and space science and technology and in the application 

16 thereof to the conduct of peaceful activities within and outside the at17 mosphere. 

18 (6) The making available to agencies directly concerned with national 

19 defense of discoveries that have military value or significance, and the 

20 furnishing by such agencies, to the civilian agency established to direct 

21 and control nonmilitary aeronautical and space activities, of informa22 tion as to discoveries which have value or significance to that agency. 

23 (7) Cooperation by the United States with other nations and groups 

24 of nations in work done pursuant to this chapter and in the peaceful 

25 application of the results thereof. 

26 (8) The most effective utilization of the scientific and engineering re27 sources of the United States, with close cooperation among all inter28 ested agencies of the United States in order to avoid unnecessary dupli29 cation of effort, facilities, and equipment. 

30 (9) The preservation of the United States preeminent position in aer31 onautics and space through research and technology development re32 lated to associated manufacturing processes. 

33 (e) GROUND PROPULSION SYSTEMS RESEARCH AND DEVELOPMENT.— 

34 Congress declares that the general welfare of the United States requires 

35 that the unique competence in scientific and engineering systems of the Ad36 ministration also be directed toward ground propulsion systems research 

37 and development. Such development shall be conducted so as to contribute 

38 to the objectives of developing energy and petroleum-conserving ground pro39 pulsion systems, and of minimizing the environmental degradation caused 

40 by such systems. 


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1 (f) BIOENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRATION

2 PROGRAMS.—Congress declares that the general welfare of the United 

3 States requires that the unique competence of the Administration in science 

4 and engineering systems be directed to assisting in bioengineering research, 

5 development, and demonstration programs designed to alleviate and mini6 mize the effects of disability. 

7 (g) WARNING AND MITIGATION OF POTENTIAL HAZARDS OF NEAR8 EARTH OBJECTS.—Congress declares that the general welfare and security 

9 of the United States require that the unique competence of the Administra10 tion be directed to detecting, tracking, cataloguing, and characterizing near11 Earth asteroids and comets in order to provide warning and mitigation of 

12 the potential hazard of such near-Earth objects to the Earth. 

13 (h) PURPOSE OF CHAPTER.—It is the purpose of this chapter to carry 

14 out and effectuate the policies declared in subsections (a) to (g). 

15 § 20103. Definitions 

16 In this chapter: 

17 (1) AERONAUTICAL AND SPACE ACTIVITIES.—The term ‘‘aero18 nautical and space activities’’ means— 

19 (A) research into, and the solution of, problems of flight within 

20 and outside the Earth’s atmosphere; 

21 (B) the development, construction, testing, and operation for re22 search purposes of aeronautical and space vehicles; 

23 (C) the operation of a space transportation system including the 

24 space shuttle, upper stages, space platforms, and related equip25 ment; and 

26 (D) such other activities as may be required for the exploration 

27 of space. 

28 (2) AERONAUTICAL AND SPACE VEHICLES.—The term ‘‘aeronautical 

29 and space vehicles’’ means aircraft, missiles, satellites, and other space 

30 vehicles, manned and unmanned, together with related equipment, de31 vices, components, and parts. 

32 SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND 

33 SPACE ACTIVITIES 

34 § 20111. National Aeronautics and Space Administration 

35 (a) ESTABLISHMENT AND APPOINTMENT OF ADMINISTRATOR.—There is 

36 established the National Aeronautics and Space Administration. The Admin37 istration shall be headed by an Administrator, who shall be appointed from 

38 civilian life by the President by and with the advice and consent of the Sen39 ate. Under the supervision and direction of the President, the Administrator 

40 shall be responsible for the exercise of all powers and the discharge of all 


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1 duties of the Administration and shall have authority and control over all 

2 personnel and activities thereof. 

3 (b) DEPUTY ADMINISTRATOR.—There shall be in the Administration a 

4 Deputy Administrator, who shall be appointed from civilian life by the 

5 President by and with the advice and consent of the Senate. The Deputy 

6 Administrator shall perform such duties and exercise such powers as the 

7 Administrator may prescribe. The Deputy Administrator shall act for, and 

8 exercise the powers of, the Administrator during the Administrator’s ab9 sence or disability. 

10 (c) RESTRICTION ON OTHER BUSINESS OR EMPLOYMENT.—The Admin11 istrator and the Deputy Administrator shall not engage in any other busi12 ness, vocation, or employment while serving as such. 

13 § 20112. Functions of the Administration 

14 (a) PLANNING, DIRECTING, AND CONDUCTING AERONAUTICAL AND

15 SPACE ACTIVITIES.—The Administration, in order to carry out the purpose 

16 of this chapter, shall— 

17 (1) plan, direct, and conduct aeronautical and space activities; 

18 (2) arrange for participation by the scientific community in planning 

19 scientific measurements and observations to be made through use of 

20 aeronautical and space vehicles, and conduct or arrange for the conduct 

21 of such measurements and observations; 

22 (3) provide for the widest practicable and appropriate dissemination 

23 of information concerning its activities and the results thereof; 

24 (4) seek and encourage, to the maximum extent possible, the fullest 

25 commercial use of space; and 

26 (5) encourage and provide for Federal Government use of commer27 cially provided space services and hardware, consistent with the re28 quirements of the Federal Government. 

29 (b) RESEARCH AND DEVELOPMENT IN CERTAIN TECHNOLOGIES.— 

30 (1) GROUND PROPULSION TECHNOLOGIES.—The Administration 

31 shall, to the extent of appropriated funds, initiate, support, and carry 

32 out such research, development, demonstration, and other related ac33 tivities in ground propulsion technologies as are provided for in sections 

34 4 to 10 of the Electric and Hybrid Vehicle Research, Development, and 

35 Demonstration Act of 1976 (15 U.S.C. 2503 to 2509). 

36 (2) SOLAR HEATING AND COOLING TECHNOLOGIES.—The Adminis37 tration shall initiate, support, and carry out such research, develop38 ment, demonstrations, and other related activities in solar heating and 

39 cooling technologies (to the extent that funds are appropriated there40 for) as are provided for in sections 5, 6, and 9 of the Solar Heating 

41 and Cooling Demonstration Act of 1974 (42 U.S.C. 5503, 5504, 5507). 


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1 § 20113. Powers of the Administration in performance of 

2 functions 

3 (a) RULES AND REGULATIONS.—In the performance of its functions, the 

4 Administration is authorized to make, promulgate, issue, rescind, and 

5 amend rules and regulations governing the manner of its operations and the 

6 exercise of the powers vested in it by law. 

7 (b) OFFICERS AND EMPLOYEES.—In the performance of its functions, the 

8 Administration is authorized to appoint and fix the compensation of officers 

9 and employees as may be necessary to carry out such functions. The officers 

10 and employees shall be appointed in accordance with the civil service laws 

11 and their compensation fixed in accordance with chapter 51 and subchapter 

12 III of chapter 53 of title 5, except that— 

13 (1) to the extent the Administrator deems such action necessary to 

14 the discharge of the Administrator’s responsibilities, the Administrator 

15 may appoint not more than 425 of the scientific, engineering, and ad16 ministrative personnel of the Administration without regard to such 

17 laws, and may fix the compensation of such personnel not in excess of 

18 the rate of basic pay payable for level III of the Executive Schedule; 

19 and 

20 (2) to the extent the Administrator deems such action necessary to 

21 recruit specially qualified scientific and engineering talent, the Admin22 istrator may establish the entrance grade for scientific and engineering 

23 personnel without previous service in the Federal Government at a level 

24 up to 2 grades higher than the grade provided for such personnel under 

25 the General Schedule, and fix their compensation accordingly. 

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

27 is authorized— 

28 (1) to acquire (by purchase, lease, condemnation, or otherwise), con29 struct, improve, repair, operate, and maintain laboratories, research 

30 and testing sites and facilities, aeronautical and space vehicles, quar31 ters and related accommodations for employees and dependents of em32 ployees of the Administration, and such other real and personal prop33 erty (including patents), or any interest therein, as the Administration 

34 deems necessary within and outside the continental United States; 

35 (2) to acquire by lease or otherwise, through the Administrator of 

36 General Services, buildings or parts of buildings in the District of Co37 lumbia for the use of the Administration for a period not to exceed 10 

38 years without regard to section 8141 of title 40; 

39 (3) to lease to others such real and personal property; 

40 (4) to sell and otherwise dispose of real and personal property (in41 cluding patents and rights thereunder) in accordance with the proviVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 sions of chapters 1 to 11 of title 40 and in accordance with title III 

2 of the Federal Property and Administrative Services Act of 1949 (41 

3 U.S.C. 251 et seq.); and 

4 (5) to provide by contract or otherwise for cafeterias and other nec5 essary facilities for the welfare of employees of the Administration at 

6 its installations and purchase and maintain equipment therefor. 

7 (d) GIFTS.—In the performance of its functions, the Administration is 

8 authorized to accept unconditional gifts or donations of services, money, or 

9 property, real, personal, or mixed, tangible or intangible. 

10 (e) CONTRACTS, LEASES, AND AGREEMENTS.—In the performance of its 

11 functions, the Administration is authorized, without regard to subsections 

12 (a) and (b) of section 3324 of title 31, to enter into and perform such con13 tracts, leases, cooperative agreements, or other transactions as may be nec14 essary in the conduct of its work and on such terms as it may deem appro15 priate, with any agency or instrumentality of the United States, or with any 

16 State, territory, or possession, or with any political subdivision thereof, or 

17 with any person, firm, association, corporation, or educational institution. 

18 To the maximum extent practicable and consistent with the accomplishment 

19 of the purpose of this chapter, such contracts, leases, agreements, and other 

20 transactions shall be allocated by the Administrator in a manner which will 

21 enable small-business concerns to participate equitably and proportionately 

22 in the conduct of the work of the Administration. 

23 (f) COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the per24 formance of its functions, the Administration is authorized to use, with their 

25 consent, the services, equipment, personnel, and facilities of Federal and 

26 other agencies with or without reimbursement, and on a similar basis to co27 operate with other public and private agencies and instrumentalities in the 

28 use of services, equipment, and facilities. Each department and agency of 

29 the Federal Government shall cooperate fully with the Administration in 

30 making its services, equipment, personnel, and facilities available to the Ad31 ministration, and any such department or agency is authorized, notwith32 standing any other provision of law, to transfer to or to receive from the 

33 Administration, without reimbursement, aeronautical and space vehicles, 

34 and supplies and equipment other than administrative supplies or equip35 ment. 

36 (g) ADVISORY COMMITTEES.—In the performance of its functions, the 

37 Administration is authorized to appoint such advisory committees as may 

38 be appropriate for purposes of consultation and advice to the Administra39 tion. 

40 (h) OFFICES AND PROCEDURES.—In the performance of its functions, the 

41 Administration is authorized to establish within the Administration such ofVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 fices and procedures as may be appropriate to provide for the greatest pos2 sible coordination of its activities under this chapter with related scientific 

3 and other activities being carried on by other public and private agencies 

4 and organizations. 

5 (i) TEMPORARY OR INTERMITTENT SERVICES OF EXPERTS OR CONSULT6 ANTS.—In the performance of its functions, the Administration is author7 ized to obtain services as provided by section 3109 of title 5, but at rates 

8 for individuals not to exceed the per diem rate equivalent to the maximum 

9 rate payable under section 5376 of title 5. 

10 (j) ALIENS.—In the performance of its functions, the Administration is 

11 authorized, when determined by the Administrator to be necessary, and sub12 ject to such security investigations as the Administrator may determine to 

13 be appropriate, to employ aliens without regard to statutory provisions pro14 hibiting payment of compensation to aliens. 

15 (k) CONCESSIONS FOR VISITORS’ FACILITIES.— 

16 (1) IN GENERAL.—In the performance of its functions, the Adminis17 tration is authorized to provide by concession, without regard to section 

18 1302 of title 40, on such terms as the Administrator may deem to be 

19 appropriate and necessary to protect the concessioner against loss of 

20 the concessioner’s investment in property (but not anticipated profits) 

21 resulting from the Administration’s discretionary acts and decisions, 

22 for the construction, maintenance, and operation of all manner of facili23 ties and equipment for visitors to the several installations of the Ad24 ministration and, in connection therewith, to provide services incident 

25 to the dissemination of information concerning its activities to such 

26 visitors, without charge or with a reasonable charge therefor (with this 

27 authority being in addition to any other authority that the Administra28 tion may have to provide facilities, equipment, and services for visitors 

29 to its installations). 

30 (2) PUBLIC NOTICE AND DUE CONSIDERATION OF PROPOSALS.—A 

31 concession agreement under this subsection may be negotiated with any 

32 qualified proposer following due consideration of all proposals received 

33 after reasonable public notice of the intention to contract. 

34 (3) REASONABLE OPPORTUNITY FOR PROFIT.—The concessioner 

35 shall be afforded a reasonable opportunity to make a profit commensu36 rate with the capital invested and the obligations assumed. The consid37 eration paid by the concessioner for the concession shall be based on 

38 the probable value of the opportunity and not on maximizing revenue 

39 to the United States. 

40 (4) RECORDS AND ACCESS TO RECORDS.—Each concession agree41 ment shall specify the manner in which the concessioner’s records are 


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1 to be maintained, and shall provide for access to the records by the 

2 Administration and the Comptroller General of the United States for 

3 a period of 5 years after the close of the business year to which the 

4 records relate. 

5 (5) POSSESSORY INTERESTS.—A concessioner may be accorded a 

6 possessory interest, consisting of all incidents of ownership except legal 

7 title (which shall vest in the United States), in any structure, fixture, 

8 or improvement the concessioner constructs or locates upon land owned 

9 by the United States. With the approval of the Administration, such 

10 possessory interest may be assigned, transferred, encumbered, or relin11 quished by the concessioner, and, unless otherwise provided by con12 tract, shall not be extinguished by the expiration or other termination 

13 of the concession and may not be taken for public use without just 

14 compensation. 

15 (l) DETAILING MEMBERS OF ARMED SERVICES.—In the performance of 

16 its functions, the Administration is authorized, with the approval of the 

17 President, to enter into cooperative agreements under which members of the 

18 Army, Navy, Air Force, and Marine Corps may be detailed by the appro19 priate Secretary for services in the performance of functions under this 

20 chapter to the same extent as that to which they might be lawfully assigned 

21 in the Department of Defense. 

22 (m) CLAIMS AGAINST THE UNITED STATES.—In the performance of its 

23 functions, the Administration is authorized— 

24 (1) to consider, ascertain, adjust, determine, settle, and pay, on be25 half of the United States, in full satisfaction thereof, any claim for 

26 $25,000 or less against the United States for bodily injury, death, or 

27 damage to or loss of real or personal property resulting from the con28 duct of the Administration’s functions as specified in section 20112(a) 

29 of this title, where such claim is presented to the Administration in 

30 writing within 2 years after the accident or incident out of which the 

31 claim arises; and 

32 (2) if the Administration considers that a claim in excess of $25,000 

33 is meritorious and would otherwise be covered by this subsection, to re34 port the facts and circumstances to Congress for its consideration. 

35 § 20114. Administration and Department of Defense coordi36 nation 

37 (a) ADVISE AND CONSULT.—The Administration and the Department of 

38 Defense, through the President, shall advise and consult with each other on 

39 all matters within their respective jurisdictions related to aeronautical and 

40 space activities and shall keep each other fully and currently informed with 

41 respect to such activities. 


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1 (b) REFERRAL TO THE PRESIDENT.—If the Secretary of Defense con2 cludes that any request, action, proposed action, or failure to act on the 

3 part of the Administrator is adverse to the responsibilities of the Depart4 ment of Defense, or the Administrator concludes that any request, action, 

5 proposed action, or failure to act on the part of the Department of Defense 

6 is adverse to the responsibilities of the Administration, and the Adminis7 trator and the Secretary of Defense are unable to reach an agreement with 

8 respect to the matter, either the Administrator or the Secretary of Defense 

9 may refer the matter to the President for a decision (which shall be final). 

10 § 20115. International cooperation 

11 The Administration, under the foreign policy guidance of the President, 

12 may engage in a program of international cooperation in work done pursu13 ant to this chapter, and in the peaceful application of the results thereof, 

14 pursuant to agreements made by the President with the advice and consent 

15 of the Senate. 

16 § 20116. Reports to Congress 

17 (a) PRESIDENTIAL REPORT.—The President shall transmit to Congress 

18 in May of each year a report, which shall include— 

19 (1) a comprehensive description of the programmed activities and the 

20 accomplishments of all agencies of the United States in the field of aer21 onautics and space activities during the preceding fiscal year; and 

22 (2) an evaluation of such activities and accomplishments in terms of 

23 the attainment of, or the failure to attain, the objectives described in 

24 section 20102(d) of this title. 

25 (b) RECOMMENDATIONS FOR ADDITIONAL LEGISLATION.—Any report 

26 made under this section shall contain such recommendations for additional 

27 legislation as the Administrator or the President may consider necessary or 

28 desirable for the attainment of the objectives described in section 20102(d) 

29 of this title. 

30 (c) CLASSIFIED INFORMATION.—No information that has been classified 

31 for reasons of national security shall be included in any report made under 

32 this section, unless the information has been declassified by, or pursuant to 

33 authorization given by, the President. 

34 § 20117. Disposal of excess land 

35 Notwithstanding the provisions of this or any other law, the Administra36 tion may not report to a disposal agency as excess to the needs of the Ad37 ministration any land having an estimated value in excess of $50,000 that 

38 is owned by the United States and under the jurisdiction and control of the 

39 Administration, unless— 

40 (1) a period of 30 days has passed after the receipt by the Speaker 

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1 resentatives and the President and the Committee on Commerce, 

2 Science, and Transportation of the Senate of a report by the Adminis3 trator or the Administrator’s designee containing a full and complete 

4 statement of the action proposed to be taken and the facts and cir5 cumstances relied upon in support of such action; or 

6 (2) each such committee before the expiration of that period has 

7 transmitted to the Administrator written notice to the effect that the 

8 committee has no objection to the proposed action. 

9 SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

10 § 20131. Public access to information 

11 (a) PUBLIC INSPECTION.—Information obtained or developed by the Ad12 ministrator in the performance of the Administrator’s functions under this 

13 chapter shall be made available for public inspection, except information— 

14 (1) authorized or required by Federal statute to be withheld; 

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

16 (3) described in subsection (b). 

17 (b) SPECIAL HANDLING OF TRADE SECRET OR CONFIDENTIAL INFORMA18 TION.— 

19 (1) IN GENERAL.—The Administrator, for a period of up to 5 years 

20 after the development of information described in paragraph (2), may 

21 provide appropriate protections against the dissemination of such infor22 mation, including exemption from subchapter II of chapter 5 of title 

23 5. 

24 (2) INFORMATION DESCRIBED.—Information referred to in para25 graph (1) is information that results from activities conducted under 

26 an agreement entered into under subsections (e) and (f) of section 

27 20113 of this title, and that would be a trade secret or commercial or 

28 financial information that is privileged or confidential under the mean29 ing of section 552(b)(4) of title 5 if the information had been obtained 

30 from a non-Federal party participating in such an agreement. 

31 (c) COMMITTEES OF CONGRESS.—Nothing in this chapter authorizes the 

32 withholding of information by the Administrator from the duly authorized 

33 committees of Congress. 

34 § 20132. Security requirements 

35 The Administrator shall establish such security requirements, restrictions, 

36 and safeguards as the Administrator deems necessary in the interest of the 

37 national security. The Administrator may arrange with the Director of the 

38 Office of Personnel Management for the conduct of such security or other 

39 personnel investigations of the Administration’s officers, employees, and 

40 consultants, and its contractors and subcontractors and their officers and 

41 employees, actual or prospective, as the Administrator deems appropriate. 


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1 If any such investigation develops any data reflecting that the individual 

2 who is the subject of the investigation is of questionable loyalty, the matter 

3 shall be referred to the Federal Bureau of Investigation for the conduct of 

4 a full field investigation, the results of which shall be furnished to the Ad5 ministrator. 

6 § 20133. Permission to carry firearms 

7 As the Administrator deems necessary in the public interest, the Adminis8 trator may— 

9 (1) direct officers and employees of the Administration to carry fire10 arms while in the conduct of their official duties; and 

11 (2) authorize employees of contractors and subcontractors of the Ad12 ministration who are engaged in the protection of property owned by 

13 the United States, and located at facilities owned by or contracted to 

14 the United States, to carry firearms while in the conduct of their offi15 cial duties. 

16 § 20134. Arrest authority 

17 Under regulations prescribed by the Administrator and approved by the 

18 Attorney General, employees of the Administration and of its contractors 

19 and subcontractors authorized to carry firearms under section 20133 of this 

20 title may arrest without warrant for any offense against the United States 

21 committed in their presence, or for any felony cognizable under the laws of 

22 the United States if they have reasonable grounds to believe that the person 

23 to be arrested has committed or is committing such felony. Persons granted 

24 authority to make arrests by this section may exercise that authority only 

25 while guarding and protecting property owned or leased by, or under the 

26 control of, the United States under the administration and control of the 

27 Administration or one of its contractors or subcontractors, at facilities 

28 owned by or contracted to the Administration. 

29 § 20135. Property rights in inventions 

30 (a) DEFINITIONS.—In this section: 

31 (1) CONTRACT.—The term ‘‘contract’’ means any actual or proposed 

32 contract, agreement, understanding, or other arrangement, and in33 cludes any assignment, substitution of parties, or subcontract executed 

34 or entered into thereunder. 

35 (2) MADE.—The term ‘‘made’’, when used in relation to any inven36 tion, means the conception or first actual reduction to practice of such 

37 invention. 

38 (3) PERSON.—The term ‘‘person’’ means any individual, partnership, 

39 corporation, association, institution, or other entity. 

40 (b) EXCLUSIVE PROPERTY OF UNITED STATES.— 


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1 (1) IN GENERAL.—An invention shall be the exclusive property of the 

2 United States if it is made in the performance of any work under any 

3 contract of the Administration, and the Administrator determines 

4 that— 

5 (A) the person who made the invention was employed or as6 signed to perform research, development, or exploration work and 

7 the invention is related to the work the person was employed or 

8 assigned to perform, or was within the scope of the person’s em9 ployment duties, whether or not it was made during working 

10 hours, or with a contribution by the Government of the use of 

11 Government facilities, equipment, materials, allocated funds, infor12 mation proprietary to the Government, or services of Government 

13 employees during working hours; or 

14 (B) the person who made the invention was not employed or as15 signed to perform research, development, or exploration work, but 

16 the invention is nevertheless related to the contract, or to the work 

17 or duties the person was employed or assigned to perform, and 

18 was made during working hours, or with a contribution from the 

19 Government of the sort referred to in subparagraph (A). 

20 (2) PATENT TO UNITED STATES.—If an invention is the exclusive 

21 property of the United States under paragraph (1), and if such inven22 tion is patentable, a patent therefor shall be issued to the United 

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

25 such invention in conformity with the provisions of subsection (g). 

26 (c) CONTRACT PROVISIONS FOR FURNISHING REPORTS OF INVENTIONS, 

27 DISCOVERIES, IMPROVEMENTS, OR INNOVATIONS.—Each contract entered 

28 into by the Administrator with any party for the performance of any work 

29 shall contain effective provisions under which the party shall furnish 

30 promptly to the Administrator a written report containing full and complete 

31 technical information concerning any invention, discovery, improvement, or 

32 innovation which may be made in the performance of any such work. 

33 (d) PATENT APPLICATION.—No patent may be issued to any applicant 

34 other than the Administrator for any invention which appears to the Under 

35 Secretary of Commerce for Intellectual Property and Director of the United 

36 States Patent and Trademark Office (hereafter in this section referred to 

37 as the ‘‘Director’’) to have significant utility in the conduct of aeronautical 

38 and space activities unless the applicant files with the Director, with the ap39 plication or within 30 days after request therefor by the Director, a written 

40 statement executed under oath setting forth the full facts concerning the 

41 circumstances under which the invention was made and stating the relationVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 ship (if any) of the invention to the performance of any work under any 

2 contract of the Administration. Copies of each such statement and the appli3 cation to which it relates shall be transmitted forthwith by the Director to 

4 the Administrator. 

5 (e) ISSUANCE OF PATENT TO APPLICANT.—Upon any application as to 

6 which any such statement has been transmitted to the Administrator, the 

7 Director may, if the invention is patentable, issue a patent to the applicant 

8 unless the Administrator, within 90 days after receipt of the application and 

9 statement, requests that the patent be issued to the Administrator on behalf 

10 of the United States. If, within such time, the Administrator files such a 

11 request with the Director, the Director shall transmit notice thereof to the 

12 applicant, and shall issue such patent to the Administrator unless the appli13 cant within 30 days after receipt of the notice requests a hearing before the 

14 Board of Patent Appeals and Interferences on the question whether the Ad15 ministrator is entitled under this section to receive the patent. The Board 

16 may hear and determine, in accordance with rules and procedures estab17 lished for interference cases, the question so presented, and its determina18 tion shall be subject to appeal by the applicant or by the Administrator to 

19 the United States Court of Appeals for the Federal Circuit in accordance 

20 with procedures governing appeals from decisions of the Board of Patent 

21 Appeals and Interferences in other proceedings. 

22 (f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF FALSE REPRESEN23 TATIONS.—Whenever a patent has been issued to an applicant in conformity 

24 with subsection (e), and the Administrator thereafter has reason to believe 

25 that the statement filed by the applicant in connection with the patent con26 tained a false representation of a material fact, the Administrator, within 

27 5 years after the date of issuance of the patent, may file with the Director 

28 a request for the transfer to the Administrator of title to the patent on the 

29 records of the Director. Notice of any such request shall be transmitted by 

30 the Director to the owner of record of the patent, and title to the patent 

31 shall be so transferred to the Administrator unless, within 30 days after re32 ceipt of notice, the owner of record requests a hearing before the Board of 

33 Patent Appeals and Interferences on the question whether any such false 

34 representation was contained in the statement filed in connection with the 

35 patent. The question shall be heard and determined, and the determination 

36 shall be subject to review, in the manner prescribed by subsection (e) for 

37 questions arising thereunder. A request made by the Administrator under 

38 this subsection for the transfer of title to a patent, and prosecution for the 

39 violation of any criminal statute, shall not be barred by the failure of the 

40 Administrator to make a request under subsection (e) for the issuance of 

41 the patent to the Administrator, or by any notice previously given by the 


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1 Administrator stating that the Administrator had no objection to the 

2 issuance of the patent to the applicant. 

3 (g) WAIVER OF RIGHTS TO INVENTIONS.—Under such regulations in con4 formity with this subsection as the Administrator shall prescribe, the Ad5 ministrator may waive all or any part of the rights of the United States 

6 under this section with respect to any invention or class of inventions made 

7 or which may be made by any person or class of persons in the performance 

8 of any work required by any contract of the Administration if the Adminis9 trator determines that the interests of the United States will be served 

10 thereby. Any such waiver may be made upon such terms and under such 

11 conditions as the Administrator shall determine to be required for the pro12 tection of the interests of the United States. Each such waiver made with 

13 respect to any invention shall be subject to the reservation by the Adminis14 trator of an irrevocable, nonexclusive, nontransferable, royalty-free license 

15 for the practice of such invention throughout the world by or on behalf of 

16 the United States or any foreign government pursuant to any treaty or 

17 agreement with the United States. Each proposal for any waiver under this 

18 subsection shall be referred to an Inventions and Contributions Board which 

19 shall be established by the Administrator within the Administration. Such 

20 Board shall accord to each interested party an opportunity for hearing, and 

21 shall transmit to the Administrator its findings of fact with respect to such 

22 proposal and its recommendations for action to be taken with respect there23 to. 

24 (h) PROTECTION OF TITLE.—The Administrator is authorized to take all 

25 suitable and necessary steps to protect any invention or discovery to which 

26 the Administrator has title, and to require contractors or persons who retain 

27 title to inventions or discoveries under this section to protect the inventions 

28 or discoveries to which the Administration has or may acquire a license of 

29 use. 

30 (i) ADMINISTRATION AS DEFENSE AGENCY.—The Administration shall be 

31 considered a defense agency of the United States for the purpose of chapter 

32 17 of title 35. 

33 (j) OBJECTS INTENDED FOR LAUNCH, LAUNCHED, OR ASSEMBLED IN

34 OUTER SPACE.—Any object intended for launch, launched, or assembled in 

35 outer space shall be considered a vehicle for the purpose of section 272 of 

36 title 35. 

37 (k) USE OR MANUFACTURE OF PATENTED INVENTIONS INCORPORATED

38 IN SPACE VEHICLES LAUNCHED FOR PERSONS OTHER THAN UNITED

39 STATES.—The use or manufacture of any patented invention incorporated 

40 in a space vehicle launched by the United States Government for a person 

41 other than the United States shall not be considered to be a use or manuVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 facture by or for the United States within the meaning of section 1498(a) 

2 of title 28, unless the Administration gives an express authorization or con3 sent for such use or manufacture. 

4 § 20136. Contributions awards 

5 (a) APPLICATIONS.—Subject to the provisions of this section, the Admin6 istrator is authorized, on the Administrator’s own initiative or on applica7 tion of any person, to make a monetary award, in an amount and on terms 

8 the Administrator determines to be warranted, to any person (as defined by 

9 section 20135(a) of this title) for any scientific or technical contribution to 

10 the Administration which is determined by the Administrator to have sig11 nificant value in the conduct of aeronautical and space activities. Each ap12 plication made for such an award shall be referred to the Inventions and 

13 Contributions Board established under section 20135 of this title. Such 

14 Board shall accord to each applicant an opportunity for hearing on the ap15 plication, and shall transmit to the Administrator its recommendation as to 

16 the terms of the award, if any, to be made to the applicant for the contribu17 tion. In determining the terms and conditions of an award the Adminis18 trator shall take into account— 

19 (1) the value of the contribution to the United States; 

20 (2) the aggregate amount of any sums which have been expended by 

21 the applicant for the development of the contribution; 

22 (3) the amount of any compensation (other than salary received for 

23 services rendered as an officer or employee of the Government) pre24 viously received by the applicant for or on account of the use of the 

25 contribution by the United States; and 

26 (4) any other factors the Administrator determines to be material. 

27 (b) APPORTIONMENT OF AWARDS.—If more than one applicant under 

28 subsection (a) claims an interest in the same contribution, the Adminis29 trator shall ascertain and determine the respective interests of the appli30 cants, and shall apportion any award to be made among the applicants in 

31 amounts the Administrator determines to be equitable. 

32 (c) SURRENDER OF OTHER CLAIMS.—No award may be made under sub33 section (a) unless the applicant surrenders, by means the Administrator de34 termines to be effective, all claims that the applicant may have to receive 

35 any compensation (other than the award made under this section) for the 

36 use of the contribution or any element thereof at any time by or on behalf 

37 of the United States, or by or on behalf of any foreign government pursuant 

38 to a treaty or agreement with the United States, within the United States 

39 or at any other place. 

40 (d) REPORT AND WAITING PERIOD.—No award may be made under sub41 section (a) in an amount exceeding $100,000 unless the Administrator 


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1 transmits to the appropriate committees of Congress a full and complete re2 port concerning the amount and terms of, and the basis for, the proposed 

3 award, and a period of 30 calendar days of regular session of Congress ex4 pires after receipt of the report by the committees. 

5 § 20137. Malpractice and negligence suits against United 

6 States 

7 (a) EXCLUSIVE REMEDY.—The remedy against the United States pro8 vided by sections 1346(b) and 2672 of title 28, for damages for personal 

9 injury, including death, caused by the negligent or wrongful act or omission 

10 of any physician, dentist, nurse, pharmacist, or paramedical or other sup11 porting personnel (including medical and dental technicians, nursing assist12 ants, and therapists) of the Administration in the performance of medical, 

13 dental, or related health care functions (including clinical studies and inves14 tigations) while acting within the scope of such person’s duties or employ15 ment therein or therefor shall be exclusive of any other civil action or pro16 ceeding by reason of the same subject matter against such person (or the 

17 estate of such person) whose act or omission gave rise to the action or pro18 ceeding. 

19 (b) ATTORNEY GENERAL TO DEFEND ANY CIVIL ACTION OR PRO20 CEEDING FOR MALPRACTICE OR NEGLIGENCE.—The Attorney General shall 

21 defend any civil action or proceeding brought in any court against any per22 son referred to in subsection (a) (or the estate of such person) for any such 

23 injury. Any such person against whom such civil action or proceeding is 

24 brought shall deliver within such time after date of service or knowledge of 

25 service as determined by the Attorney General, all process served upon such 

26 person or an attested true copy thereof to such person’s immediate superior 

27 or to whomever was designated by the Administrator to receive such papers. 

28 Such person shall promptly furnish copies of the pleading and process there29 in to the United States Attorney for the district embracing the place where30 in the proceeding is brought, to the Attorney General, and to the Adminis31 trator. 

32 (c) REMOVAL OF ACTIONS.—Upon a certification by the Attorney General 

33 that any person described in subsection (a) was acting in the scope of such 

34 person’s duties or employment at the time of the incident out of which the 

35 suit arose, any such civil action or proceeding commenced in a State court 

36 shall be removed without bond at any time before trial by the Attorney Gen37 eral to the district court of the United States of the district and division 

38 embracing the place wherein it is pending and the proceeding deemed a tort 

39 action brought against the United States under the provisions of title 28, 

40 and all references thereto. Should a district court of the United States de41 termine, on a hearing on a motion to remand held before a trial on the merVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 its, that the case so removed is one in which a remedy by suit within the 

2 meaning of subsection (a) is not available against the United States, the 

3 case shall be remanded to the State court. 

4 (d) COMPROMISE OR SETTLEMENT OF CLAIMS.—The Attorney General 

5 may compromise or settle any claim asserted in such civil action or pro6 ceeding in the manner provided in section 2677 of title 28, and with the 

7 same effect. 

8 (e) APPLICABILITY OF OTHER PROVISIONS OF LAW.—For purposes of 

9 this section, the provisions of section 2680(h) of title 28 shall not apply to 

10 any cause of action arising out of a negligent or wrongful act or omission 

11 in the performance of medical, dental, or related health care functions (in12 cluding clinical studies and investigations). 

13 (f) LIABILITY INSURANCE FOR PERSONS ASSIGNED TO FOREIGN COUN14 TRIES OR NON-FEDERAL AGENCIES.—The Administrator or the Adminis15 trator’s designee may, to the extent that the Administrator or the designee 

16 deems appropriate, hold harmless or provide liability insurance for any per17 son described in subsection (a) for damages for personal injury, including 

18 death, caused by such person’s negligent or wrongful act or omission in the 

19 performance of medical, dental, or related health care functions (including 

20 clinical studies and investigations) while acting within the scope of such per21 son’s duties if such person is assigned to a foreign country or detailed for 

22 service with other than a Federal department, agency, or instrumentality or 

23 if the circumstances are such as are likely to preclude the remedies of third 

24 persons against the United States described in section 2679(b) of title 28, 

25 for such damage or injury. 

26 § 20138. Insurance and indemnification 

27 (a) DEFINITIONS.—In this section: 

28 (1) SPACE VEHICLE.—The term ‘‘space vehicle’’ means an object in29 tended for launch, launched, or assembled in outer space, including the 

30 space shuttle and other components of a space transportation system, 

31 together with related equipment, devices, components, and parts. 

32 (2) THIRD PARTY.—The term ‘‘third party’’ means any person who 

33 may institute a claim against a user for death, bodily injury, or loss 

34 of or damage to property. 

35 (3) USER.—The term ‘‘user’’ includes anyone who enters into an 

36 agreement with the Administration for use of all or a portion of a space 

37 vehicle, who owns or provides property to be flown on a space vehicle, 

38 or who employs a person to be flown on a space vehicle. 

39 (b) AUTHORIZATION.—The Administration is authorized on such terms 

40 and to the extent it may deem appropriate to provide liability insurance for 

41 any user of a space vehicle to compensate all or a portion of claims by third 


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1 parties for death, bodily injury, or loss of or damage to property resulting 

2 from activities carried on in connection with the launch, operations, or re3 covery of the space vehicle. Appropriations available to the Administration 

4 may be used to acquire such insurance, but such appropriations shall be re5 imbursed to the maximum extent practicable by the users under reimburse6 ment policies established pursuant to section 20113 of this title. 

7 (c) INDEMNIFICATION.—Under such regulations in conformity with this 

8 section as the Administrator shall prescribe taking into account the avail9 ability, cost, and terms of liability insurance, any agreement between the 

10 Administration and a user of a space vehicle may provide that the United 

11 States will indemnify the user against claims (including reasonable expenses 

12 of litigation or settlement) by third parties for death, bodily injury, or loss 

13 of or damage to property resulting from activities carried on in connection 

14 with the launch, operations, or recovery of the space vehicle, but only to the 

15 extent that such claims are not compensated by liability insurance of the 

16 user. Such indemnification may be limited to claims resulting from other 

17 than the actual negligence or willful misconduct of the user. 

18 (d) TERMS OF INDEMNIFICATION AGREEMENT.—An agreement made 

19 under subsection (c) that provides indemnification must also provide for— 

20 (1) notice to the United States of any claim or suit against the user 

21 for the death, bodily injury, or loss of or damage to the property; and 

22 (2) control of or assistance in the defense by the United States, at 

23 its election, of that suit or claim. 

24 (e) CERTIFICATION OF JUST AND REASONABLE AMOUNT.—No payment 

25 may be made under subsection (c) unless the Administrator or the Adminis26 trator’s designee certifies that the amount is just and reasonable. 

27 (f) PAYMENTS.—Upon the approval by the Administrator, payments 

28 under subsection (c) may be made, at the Administrator’s election, either 

29 from funds available for research and development not otherwise obligated 

30 or from funds appropriated for such payments. 

31 § 20139. Insurance for experimental aerospace vehicles 

32 (a) DEFINITIONS.—In this section: 

33 (1) COOPERATING PARTY.—The term ‘‘cooperating party’’ means 

34 any person who enters into an agreement with the Administration for 

35 the performance of cooperative scientific, aeronautical, or space activi36 ties to carry out the purposes of this chapter. 

37 (2) DEVELOPER.—The term ‘‘developer’’ means a United States per38 son (other than a natural person) who— 

39 (A) is a party to an agreement with the Administration for the 

40 purpose of developing new technology for an experimental aero41 space vehicle; 


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1 (B) owns or provides property to be flown or situated on that 

2 vehicle; or 

3 (C) employs a natural person to be flown on that vehicle. 

4 (3) EXPERIMENTAL AEROSPACE VEHICLE.—The term ‘‘experimental 

5 aerospace vehicle’’ means an object intended to be flown in, or launched 

6 into, orbital or suborbital flight for the purpose of demonstrating tech7 nologies necessary for a reusable launch vehicle, developed under an 

8 agreement between the Administration and a developer. 

9 (4) RELATED ENTITY.—The term ‘‘related entity’’ includes a con10 tractor or subcontractor at any tier, a supplier, a grantee, and an in11 vestigator or detailee. 

12 (b) IN GENERAL.—The Administrator may provide liability insurance for, 

13 or indemnification to, the developer of an experimental aerospace vehicle de14 veloped or used in execution of an agreement between the Administration 

15 and the developer. 

16 (c) TERMS AND CONDITIONS.— 

17 (1) IN GENERAL.—Except as otherwise provided in this section, the 

18 insurance and indemnification provided by the Administration under 

19 subsection (b) to a developer shall be provided on the same terms and 

20 conditions as insurance and indemnification is provided by the Admin21 istration under section 20138 of this title to the user of a space vehicle. 

22 (2) INSURANCE.— 

23 (A) IN GENERAL.—A developer shall obtain liability insurance 

24 or demonstrate financial responsibility in amounts to compensate 

25 for the maximum probable loss from claims by— 

26 (i) a third party for death, bodily injury, or property dam27 age, or loss resulting from an activity carried out in connec28 tion with the development or use of an experimental aero29 space vehicle; and 

30 (ii) the United States Government for damage or loss to 

31 Government property resulting from such an activity. 

32 (B) MAXIMUM REQUIRED.—The Administrator shall determine 

33 the amount of insurance required, but, except as provided in sub34 paragraph (C), that amount shall not be greater than the amount 

35 required under section 50714(a)(3) of this title for a launch. The 

36 Administrator shall publish notice of the Administrator’s deter37 mination and the applicable amount or amounts in the Federal 

38 Register within 10 days after making the determination. 

39 (C) INCREASE IN DOLLAR AMOUNTS.—The Administrator may 

40 increase the dollar amounts set forth in section 50714(a)(3)(A) of 

41 this title for the purpose of applying that section under this secVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 tion to a developer after consultation with the Comptroller General 

2 and such experts and consultants as may be appropriate, and after 

3 publishing notice of the increase in the Federal Register not less 

4 than 180 days before the increase goes into effect. The Adminis5 trator shall make available for public inspection, not later than the 

6 date of publication of such notice, a complete record of any cor7 respondence received by the Administration, and a transcript of 

8 any meetings in which the Administration participated, regarding 

9 the proposed increase. 

10 (D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR PRO11 VIDES INSURANCE.—The Administrator may not provide liability 

12 insurance or indemnification under subsection (b) unless the devel13 oper establishes to the satisfaction of the Administrator that ap14 propriate safety procedures and practices are being followed in the 

15 development of the experimental aerospace vehicle. 

16 (3) NO INDEMNIFICATION WITHOUT CROSS-WAIVER.—Notwith17 standing subsection (b), the Administrator may not indemnify a devel18 oper of an experimental aerospace vehicle under this section unless 

19 there is an agreement between the Administration and the developer 

20 described in subsection (d). 

21 (4) APPLICATION OF CERTAIN PROCEDURES.—If the Administrator 

22 requests additional appropriations to make payments under this sec23 tion, like the payments that may be made under section 20138(c) of 

24 this title, then the request for those appropriations shall be made in 

25 accordance with the procedures established by subsections (d) and (e) 

26 of section 50715 of this title. 

27 (d) CROSS-WAIVERS.— 

28 (1) ADMINISTRATOR AUTHORIZED TO WAIVE.—The Administrator, 

29 on behalf of the United States, and its departments, agencies, and in30 strumentalities, may reciprocally waive claims with a developer or co31 operating party and with the related entities of that developer or co32 operating party under which each party to the waiver agrees to be re33 sponsible, and agrees to ensure that its own related entities are respon34 sible, for damage or loss to its property for which it is responsible, or 

35 for losses resulting from any injury or death sustained by its own em36 ployees or agents, as a result of activities connected to the agreement 

37 or use of the experimental aerospace vehicle. 

38 (2) LIMITATIONS.— 

39 (A) CLAIMS.—A reciprocal waiver under paragraph (1) may not 

40 preclude a claim by any natural person (including, but not limited 

41 to, a natural person who is an employee of the United States, the 


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1 developer, the cooperating party, or their respective subcontrac2 tors) or that natural person’s estate, survivors, or subrogees for 

3 injury or death, except with respect to a subrogee that is a party 

4 to the waiver or has otherwise agreed to be bound by the terms 

5 of the waiver. 

6 (B) LIABILITY FOR NEGLIGENCE.—A reciprocal waiver under 

7 paragraph (1) may not absolve any party of liability to any nat8 ural person (including, but not limited to, a natural person who 

9 is an employee of the United States, the developer, the cooperating 

10 party, or their respective subcontractors) or such a natural per11 son’s estate, survivors, or subrogees for negligence, except with re12 spect to a subrogee that is a party to the waiver or has otherwise 

13 agreed to be bound by the terms of the waiver. 

14 (C) INDEMNIFICATION FOR DAMAGES.—A reciprocal waiver 

15 under paragraph (1) may not be used as the basis of a claim by 

16 the Administration, or the developer or cooperating party, for in17 demnification against the other for damages paid to a natural per18 son, or that natural person’s estate, survivors, or subrogees, for 

19 injury or death sustained by that natural person as a result of ac20 tivities connected to the agreement or use of the experimental 

21 aerospace vehicle. 

22 (D) WILLFUL MISCONDUCT.—A reciprocal waiver under para23 graph (1) may not relieve the United States, the developer, the co24 operating party, or the related entities of the developer or cooper25 ating party, of liability for damage or loss resulting from willful 

26 misconduct. 

27 (3) EFFECT ON PREVIOUS WAIVERS.—This subsection applies to any 

28 waiver of claims entered into by the Administration without regard to 

29 the date on which the Administration entered into the waiver. 

30 (e) RELATIONSHIP TO OTHER LAWS.— 

31 (1) SECTION 20138.—This section does not apply to any object, 

32 transaction, or operation to which section 20138 of this title applies. 

33 (2) SECTION 50719(g)(1).—The Administrator may not provide indem34 nification to a developer under this section for launches subject to li35 cense under section 50719(g)(1) of this title. 

36 (f) TERMINATION.— 

37 (1) IN GENERAL.—The provisions of this section shall terminate on 

38 December 31, 2010. 

39 (2) EFFECT OF TERMINATION ON AGREEMENT.—The termination of 

40 this section shall not terminate or otherwise affect any cross-waiver 

41 agreement, insurance agreement, indemnification agreement, or other 


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1 agreement entered into under this section, except as may be provided 

2 in that agreement. 

3 § 20140. Appropriations 

4 (a) AUTHORIZATION.— 

5 (1) IN GENERAL.—There are authorized to be appropriated such 

6 sums as may be necessary to carry out this chapter, except that noth7 ing in this chapter shall authorize the appropriation of any amount 

8 for— 

9 (A) the acquisition or condemnation of any real property; or 

10 (B) any other item of a capital nature (such as plant or facility 

11 acquisition, construction, or expansion) which exceeds $250,000. 

12 (2) AVAILABILITY.—Sums appropriated pursuant to this subsection 

13 for the construction of facilities, or for research and development activi14 ties, shall remain available until expended. 

15 (b) USE OF FUNDS FOR EMERGENCY REPAIRS OF EXISTING FACILI16 TIES.—Any funds appropriated for the construction of facilities may be used 

17 for emergency repairs of existing facilities when such existing facilities are 

18 made inoperative by major breakdown, accident, or other circumstances and 

19 such repairs are deemed by the Administrator to be of greater urgency than 

20 the construction of new facilities. 

21 (c) TERMINATION.—Notwithstanding any other provision of law, the au22 thorization of any appropriation to the Administration shall expire (unless 

23 an earlier expiration is specifically provided) at the close of the third fiscal 

24 year following the fiscal year in which the authorization was enacted, to the 

25 extent that such appropriation has not theretofore actually been made. 

26 § 20141. Misuse of agency name and initials 

27 (a) IN GENERAL.—No person (as defined by section 20135(a) of this 

28 title) may knowingly use the words ‘‘National Aeronautics and Space Ad29 ministration’’ or the letters ‘‘NASA’’, or any combination, variation, or 

30 colorable imitation of those words or letters either alone or in combination 

31 with other words or letters— 

32 (1) as a firm or business name in a manner reasonably calculated 

33 to convey the impression that the firm or business has some connection 

34 with, endorsement of, or authorization from, the Administration which 

35 does not, in fact, exist; or 

36 (2) in connection with any product or service being offered or made 

37 available to the public in a manner reasonably calculated to convey the 

38 impression that the product or service has the authorization, support, 

39 sponsorship, or endorsement of, or the development, use, or manufac40 ture by or on behalf of the Administration which does not, in fact, 

41 exist. 


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1 (b) CIVIL PROCEEDING TO ENJOIN.—Whenever it appears to the Attor2 ney General that any person is engaged in an act or practice which con3 stitutes or will constitute conduct prohibited by subsection (a), the Attorney 

4 General may initiate a civil proceeding in a district court of the United 

5 States to enjoin such act or practice. 

6 § 20142. Contracts regarding expendable launch vehicles 

7 (a) COMMITMENTS BEYOND AVAILABLE APPROPRIATIONS.—The Admin8 istrator may enter into contracts for expendable launch vehicle services that 

9 are for periods in excess of the period for which funds are otherwise avail10 able for obligation, provide for the payment for contingent liability which 

11 may accrue in excess of available appropriations in the event the Federal 

12 Government for its convenience terminates such contracts, and provide for 

13 advance payments reasonably related to launch vehicle and related equip14 ment, fabrication, and acquisition costs, if any such contract limits the 

15 amount of the payments that the Government is allowed to make under 

16 such contract to amounts provided in advance in appropriation Acts. Such 

17 contracts may be limited to sources within the United States when the Ad18 ministrator determines that such limitation is in the public interest. 

19 (b) TERMINATION IF FUNDS NOT AVAILABLE.—If funds are not available 

20 to continue any such contract, the contract shall be terminated for the con21 venience of the Government, and the costs of such contract shall be paid 

22 from appropriations originally available for performance of the contract, 

23 from other unobligated appropriations currently available for the procure24 ment of launch services, or from funds appropriated for such payments. 

25 § 20143. Full cost appropriations account structure 

26 (a) ACCOUNTS FOR APPROPRIATIONS.— 

27 (1) DESIGNATION OF 3 ACCOUNTS.—Appropriations for the Adminis28 tration shall be made in 3 accounts, ‘‘Science, Aeronautics, and Edu29 cation’’, ‘‘Exploration Systems and Space Operations’’, and an account 

30 for amounts appropriated for the necessary expenses of the Office of 

31 the Inspector General. 

32 (2) REPROGRAMMING.—Within the Exploration Systems and Space 

33 Operations account, no more than 10 percent of the funds for a fiscal 

34 year for Exploration Systems may be reprogrammed for Space Oper35 ations, and no more than 10 percent of the funds for a fiscal year for 

36 Space Operations may be reprogrammed for Exploration Systems. This 

37 paragraph shall not apply to reprogramming for the purposes described 

38 in subsection (b)(2). 

39 (3) AVAILABILITY.—Appropriations shall remain available for 2 fis40 cal years, unless otherwise specified in law. Each account shall include 

41 the planned full costs of Administration activities. 


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1 (b) TRANSFERS AMONG ACCOUNTS.— 

2 (1) IN GENERAL.—To ensure the safe, timely, and successful accom3 plishment of Administration missions, the Administration may transfer 

4 among accounts as necessary, amounts for— 

5 (A) Federal salaries and benefits; 

6 (B) training, travel, and awards; 

7 (C) facility and related costs; 

8 (D) information technology services; 

9 (E) publishing services; 

10 (F) science, engineering, fabricating, and testing services; and 

11 (G) other administrative services. 

12 (2) DISASTER, ACT OF TERRORISM, EMERGENCY RESCUE.—The Ad13 ministration may also transfer amounts among accounts for the imme14 diate costs of recovering from damage caused by a major disaster (as 

15 defined in section 102 of the Robert T. Stafford Disaster Relief and 

16 Emergency Assistance Act (42 U.S.C. 5122)) or by an act of terrorism, 

17 or for the immediate costs associated with an emergency rescue of as18 tronauts. 

19 (c) TRANSFER OF UNEXPIRED BALANCES.—The unexpired balances of 

20 prior appropriations to the Administration for activities authorized under 

21 this chapter may be transferred to the new account established for such ac22 tivity in subsection (a). Balances so transferred may be merged with funds 

23 in the newly established account and thereafter may be accounted for as one 

24 fund under the same terms and conditions. 

25 § 20144. Prize authority 

26 (a) IN GENERAL.—The Administration may carry out a program to com27 petitively award cash prizes to stimulate innovation in basic and applied re28 search, technology development, and prototype demonstration that have the 

29 potential for application to the performance of the space and aeronautical 

30 activities of the Administration. The Administration may carry out a pro31 gram to award prizes only in conformity with this section. 

32 (b) TOPICS.—In selecting topics for prize competitions, the Administrator 

33 shall consult widely both within and outside the Federal Government, and 

34 may empanel advisory committees. 

35 (c) ADVERTISING.—The Administrator shall widely advertise prize com36 petitions to encourage participation. 

37 (d) REQUIREMENTS AND REGISTRATION.—For each prize competition, 

38 the Administrator shall publish a notice in the Federal Register announcing 

39 the subject of the competition, the rules for being eligible to participate in 

40 the competition, the amount of the prize, and the basis on which a winner 

41 will be selected. 


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1 (e) ELIGIBILITY.—To be eligible to win a prize under this section, an in2 dividual or entity— 

3 (1) shall have registered to participate in the competition pursuant 

4 to any rules promulgated by the Administrator under subsection (d); 

5 (2) shall have complied with all the requirements under this section; 

6 (3) in the case of a private entity, shall be incorporated in and main7 tain a primary place of business in the United States, and in the case 

8 of an individual, whether participating singly or in a group, shall be 

9 a citizen or permanent resident of the United States; and 

10 (4) shall not be a Federal entity or Federal employee acting within 

11 the scope of their employment. 

12 (f) LIABILITY.— 

13 (1) ASSUMPTION OF RISK.—Registered participants must agree to 

14 assume any and all risks and waive claims against the Federal Govern15 ment and its related entities, except in the case of willful misconduct, 

16 for any injury, death, damage, or loss of property, revenue, or profits, 

17 whether direct, indirect, or consequential, arising from their participa18 tion in a competition, whether such injury, death, damage, or loss 

19 arises through negligence or otherwise. For the purposes of this para20 graph, the term ‘‘related entity’’ means a contractor or subcontractor 

21 at any tier, and a supplier, user, customer, cooperating party, grantee, 

22 investigator, or detailee. 

23 (2) LIABILITY INSURANCE.—Participants must obtain liability insur24 ance or demonstrate financial responsibility, in amounts determined by 

25 the Administrator, for claims by— 

26 (A) a third party for death, bodily injury, or property damage, 

27 or loss resulting from an activity carried out in connection with 

28 participation in a competition, with the Federal Government 

29 named as an additional insured under the registered participant’s 

30 insurance policy and registered participants agreeing to indemnify 

31 the Federal Government against third party claims for damages 

32 arising from or related to competition activities; and 

33 (B) the Federal Government for damage or loss to Government 

34 property resulting from such an activity. 

35 (g) JUDGES.—For each competition, the Administration, either directly or 

36 through an agreement under subsection (h), shall assemble a panel of quali37 fied judges to select the winner or winners of the prize competition on the 

38 basis described pursuant to subsection (d). Judges for each competition 

39 shall include individuals from outside the Administration, including from the 

40 private sector. A judge may not— 


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1 (1) have personal or financial interests in, or be an employee, officer, 

2 director, or agent of any entity that is a registered participant in a 

3 competition; or 

4 (2) have a familial or financial relationship with an individual who 

5 is a registered participant. 

6 (h) ADMINISTERING THE COMPETITION.—The Administrator may enter 

7 into an agreement with a private, nonprofit entity to administer the prize 

8 competition, subject to the provisions of this section. 

9 (i) FUNDING.— 

10 (1) SOURCES.—Prizes under this section may consist of Federal ap11 propriated funds and funds provided by the private sector for such cash 

12 prizes. The Administrator may accept funds from other Federal agen13 cies for such cash prizes. The Administrator may not give any special 

14 consideration to any private sector entity in return for a donation. 

15 (2) AVAILABILITY.— 

16 (A) DEFINITION OF PROVISIONS KNOWN AS THE ANTI-DEFI17 CIENCY ACT.—In this paragraph, the term ‘‘provisions known as 

18 the Anti-Deficiency Act’’ means sections 1341, 1342, 1349(a), 

19 1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 

20 and 1519 of title 31. 

21 (B) IN GENERAL.—Notwithstanding any other provision of law, 

22 funds appropriated for prize awards under this section shall re23 main available until expended, and may be transferred, repro24 grammed, or expended for other purposes only after the expiration 

25 of 10 fiscal years after the fiscal year for which the funds were 

26 originally appropriated. No provision in this section permits obli27 gation or payment of funds in violation of the provisions known 

28 as the Anti-Deficiency Act. 

29 (3) APPROPRIATION OR COMMITMENT OF FUNDS REQUIRED BEFORE

30 ANNOUNCEMENT OF PRIZE OR INCREASE.— 

31 (A) IN GENERAL.—No prize may be announced under sub32 section (d) until all the funds needed to pay out the announced 

33 amount of the prize have been appropriated or committed in writ34 ing by a private source. 

35 (B) INCREASE.—The Administrator may increase the amount of 

36 a prize after an initial announcement is made under subsection (d) 

37 if— 

38 (i) notice of the increase is provided in the same manner 

39 as the initial notice of the prize; and 


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1 (ii) the funds needed to pay out the announced amount of 

2 the increase have been appropriated or committed in writing 

3 by a private source. 

4 (4) NOTICE TO COMMITTEES FOR PRIZE GREATER THAN

5 $10,000,000.—No prize competition under this section may offer a prize 

6 in an amount greater than $10,000,000 unless 30 days have elapsed 

7 after written notice has been transmitted to the Committee on Science 

8 and Technology of the House of Representatives and the Committee on 

9 Commerce, Science, and Transportation of the Senate. 

10 (5) APPROVAL OF ADMINISTRATOR FOR PRIZE GREATER THAN

11 $1,000,000.—No prize competition under this section may result in the 

12 award of more than $1,000,000 in cash prizes without the approval of 

13 the Administrator. 

14 (j) USE OF ADMINISTRATION NAME OR INSIGNIA.—A registered partici15 pant in a competition under this section may use the Administration’s 

16 name, initials, or insignia only after prior review and written approval by 

17 the Administration. 

18 (k) COMPLIANCE WITH EXISTING LAW.—The Federal Government shall 

19 not, by virtue of offering or providing a prize under this section, be respon20 sible for compliance by registered participants in a prize competition with 

21 Federal law, including licensing, export control, and non-proliferation laws, 

22 and related regulations. 

23 § 20145. Enhanced-use lease of real property demonstration 

24 (a) IN GENERAL.—Notwithstanding any other provision of law, the Ad25 ministrator may enter into a lease under this section with any person or 

26 entity (including another department or agency of the Federal Government 

27 or an entity of a State or local government) with regard to any real property 

28 under the jurisdiction of the Administrator at no more than 2 Administra29 tion centers. 

30 (b) CONSIDERATION.— 

31 (1) AMOUNT.—A person or entity entering into a lease under this 

32 section shall provide consideration for the lease at fair market value as 

33 determined by the Administrator, except that in the case of a lease to 

34 another department or agency of the Federal Government, that depart35 ment or agency shall provide consideration for the lease equal to the 

36 full costs to the Administration in connection with the lease. 

37 (2) FORM.—Consideration under this subsection may take one or a 

38 combination of the following forms: 

39 (A) The payment of cash. 


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1 (B) The maintenance, construction, modification, or improve2 ment of facilities on real property under the jurisdiction of the Ad3 ministrator. 

4 (C) The provision of services to the Administration, including 

5 launch services and payload processing services. 

6 (D) The use by the Administration of facilities on the property. 

7 (3) CASH CONSIDERATION.— 

8 (A) UTILIZATION.—The Administrator may utilize amounts of 

9 cash consideration received under this subsection for a lease en10 tered into under this section to cover the full costs to the Adminis11 tration in connection with the lease. These funds shall remain 

12 available until expended. 

13 (B) AMOUNTS NOT UTILIZED.—Any amounts of cash consider14 ation received under this subsection that are not utilized in accord15 ance with subparagraph (A) shall be deposited in a capital asset 

16 account to be established by the Administrator, shall be available 

17 for maintenance, capital revitalization, and improvements of the 

18 real property assets of the centers selected for this demonstration 

19 program, and shall remain available until expended. 

20 (c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator may re21 quire such terms and conditions in connection with a lease under this sec22 tion as the Administrator considers appropriate to protect the interests of 

23 the United States. 

24 (d) RELATIONSHIP TO OTHER LEASE AUTHORITY.—The authority under 

25 this section to lease property of the Administration is in addition to any 

26 other authority to lease property of the Administration under law. 

27 (e) LEASE RESTRICTIONS.—The Administration is not authorized to lease 

28 back property under this section during the term of the out-lease or enter 

29 into other contracts with the lessee respecting the property. 

30 (f) PLAN AND REPORTING REQUIREMENTS.—At least 15 days prior to 

31 the Administrator entering into the first lease under this section, the Ad32 ministrator shall submit a plan to Congress on the Administration’s pro33 posed implementation of this demonstration. The Administrator shall submit 

34 an annual report by January 31 of each year regarding the status of the 

35 demonstration. 

36 § 20146. Retrocession of jurisdiction 

37 (a) DEFINITION OF STATE.—In this section, the term ‘‘State’’ means any 

38 of the several States, the District of Columbia, the Commonwealth of Puerto 

39 Rico, the United States Virgin Islands, Guam, American Samoa, the North40 ern Mariana Islands, and any other commonwealth, territory, or possession 

41 of the United States. 


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1 (b) RELINQUISHING LEGISLATIVE JURISDICTION.—Notwithstanding any 

2 other provision of law, the Administrator may relinquish to a State all or 

3 part of the legislative jurisdiction of the United States over lands or inter4 ests under the control of the Administrator in that State. 

5 § 20147. Recovery and disposition authority 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATION HUMAN SPACE FLIGHT VEHICLE.—The term 

8 ‘‘Administration human space flight vehicle’’ means a space vehicle, as 

9 defined in section 20138(a) of this title, that— 

10 (A) is intended to transport one or more persons; 

11 (B) is designed to operate in outer space; and 

12 (C) is either— 

13 (i) owned by the Administration; or 

14 (ii) owned by an Administration contractor or cooperating 

15 party and operated as part of an Administration mission or 

16 a joint mission with the Administration. 

17 (2) CREWMEMBER.—The term ‘‘crewmember’’ means an astronaut 

18 or other person assigned to an Administration human space flight vehi19 cle. 

20 (b) CONTROL OF REMAINS.— 

21 (1) IN GENERAL.—Subject to paragraphs (2) and (3), when there is 

22 an accident or mishap resulting in the death of a crewmember of an 

23 Administration human space flight vehicle, the Administrator may take 

24 control over the remains of the crewmember and order autopsies and 

25 other scientific or medical tests. 

26 (2) TREATMENT.—Each crewmember shall provide the Adminis27 trator with the crewmember’s preferences regarding the treatment ac28 corded to the crewmember’s remains and the Administrator shall, to 

29 the extent possible, respect those stated preferences. 

30 (3) CONSTRUCTION.—This section shall not be construed to permit 

31 the Administrator to interfere with any Federal investigation of a mis32 hap or accident. 

33 SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 

34 § 20161. Congressional declaration of purpose and policy 

35 (a) PURPOSE.—The purpose of this subchapter is to authorize and direct 

36 the Administration to develop and carry out a comprehensive program of 

37 research, technology, and monitoring of the phenomena of the upper atmos38 phere so as to provide for an understanding of and to maintain the chemical 

39 and physical integrity of the Earth’s upper atmosphere. 

40 (b) POLICY.—Congress declares that it is the policy of the United States 

41 to undertake an immediate and appropriate research, technology, and moniVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 toring program that will provide for understanding the physics and chem2 istry of the Earth’s upper atmosphere. 

3 § 20162. Definition of upper atmosphere 

4 In this subchapter, the term ‘‘upper atmosphere’’ means that portion of 

5 the Earth’s sensible atmosphere above the troposphere. 

6 § 20163. Program authorized 

7 (a) IN GENERAL.—In order to carry out the purposes of this subchapter, 

8 the Administration, in cooperation with other Federal agencies, shall initiate 

9 and carry out a program of research, technology, monitoring, and other ap10 propriate activities directed to understand the physics and chemistry of the 

11 upper atmosphere. 

12 (b) ACTIVITIES.—In carrying out the provisions of this subchapter, the 

13 Administration shall— 

14 (1) arrange for participation by the scientific and engineering com15 munity, of both the Nation’s industrial organizations and institutions 

16 of higher education, in planning and carrying out appropriate research, 

17 in developing necessary technology, and in making necessary observa18 tions and measurements; 

19 (2) provide, by way of grant, contract, scholarships, or other ar20 rangements, to the maximum extent practicable and consistent with 

21 other laws, for the widest practicable and appropriate participation of 

22 the scientific and engineering community in the program authorized by 

23 this subchapter; and 

24 (3) make all results of the program authorized by this subchapter 

25 available to the appropriate regulatory agencies and provide for the 

26 widest practicable dissemination of such results. 

27 § 20164. International cooperation 

28 In carrying out the provisions of this subchapter, the Administration, sub29 ject to the direction of the President and after consultation with the Sec30 retary of State, shall make every effort to enlist the support and cooperation 

31 of appropriate scientists and engineers of other countries and international 

32 organizations. 

33 CHAPTER 203—RESPONSIBILITIES AND VISION 

Sec. 

20301. General responsibilities. 

20302. Vision for space exploration. 

34 § 20301. General responsibilities 

35 (a) PROGRAMS.—The Administrator shall ensure that the Administration 

36 carries out a balanced set of programs that shall include, at a minimum, 

37 programs in— 

38 (1) human space flight, in accordance with section 20302 of this 

39 title; 


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1 (2) aeronautics research and development; and 

2 (3) scientific research, which shall include, at a minimum— 

3 (A) robotic missions to study the Moon and other planets and 

4 their moons, and to deepen understanding of astronomy, astro5 physics, and other areas of science that can be productively stud6 ied from space; 

7 (B) Earth science research and research on the Sun-Earth con8 nection through the development and operation of research sat9 ellites and other means; 

10 (C) support of university research in space science, Earth 

11 science, and microgravity science; and 

12 (D) research on microgravity, including research that is not di13 rectly related to human exploration. 

14 (b) CONSULTATION AND COORDINATION.—In carrying out the programs 

15 of the Administration, the Administrator shall— 

16 (1) consult and coordinate to the extent appropriate with other rel17 evant Federal agencies, including through the National Science and 

18 Technology Council; 

19 (2) work closely with the private sector, including by— 

20 (A) encouraging the work of entrepreneurs who are seeking to 

21 develop new means to launch satellites, crew, or cargo; 

22 (B) contracting with the private sector for crew and cargo serv23 ices, including to the International Space Station, to the extent 

24 practicable; 

25 (C) using commercially available products (including software) 

26 and services to the extent practicable to support all Administration 

27 activities; and 

28 (D) encouraging commercial use and development of space to 

29 the greatest extent practicable; and 

30 (3) involve other nations to the extent appropriate. 

31 § 20302. Vision for space exploration 

32 (a) IN GENERAL.—The Administrator shall establish a program to de33 velop a sustained human presence on the Moon, including a robust pre34 cursor program, to promote exploration, science, commerce, and United 

35 States preeminence in space, and as a stepping-stone to future exploration 

36 of Mars and other destinations. The Administrator is further authorized to 

37 develop and conduct appropriate international collaborations in pursuit of 

38 these goals. 

39 (b) MILESTONES.—The Administrator shall manage human space flight 

40 programs to strive to achieve the following milestones (in conformity with 

41 section 70502 of this title): 


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1 (1) Returning Americans to the Moon no later than 2020. 

2 (2) Launching the Crew Exploration Vehicle as close to 2010 as pos3 sible. 

4 (3) Increasing knowledge of the impacts of long duration stays in 

5 space on the human body using the most appropriate facilities avail6 able, including the International Space Station. 

7 (4) Enabling humans to land on and return from Mars and other 

8 destinations on a timetable that is technically and fiscally possible. 

9 Subtitle III—Administrative Provisions 

Chapter Sec. 

301. Appropriations, Budgets, and Accounting ...................................... 30101 

303. Contracting and Procurement ............................................................. 30301 

305. Management and Review ....................................................................... 30501 

307. International Cooperation and Competition ................................. 30701 

309. Awards ........................................................................................................... 30901 

311. Safety ............................................................................................................. 31101 

313. Miscellaneous ............................................................................................. 31301 

10 CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 

11 ACCOUNTING 

Sec. 

30101. Prior authorization of appropriations required. 

30102. Authorization of appropriations. 

30103. Working capital fund. 

30104. Budgets. 

30105. Baselines and cost controls. 

30106. International Space Station Research. 

12 § 30101. Prior authorization of appropriations required 

13 Notwithstanding the provisions of any other law, no appropriation may 

14 be made to the Administration unless previously authorized by legislation 

15 enacted by Congress. 

16 § 30102. Authorization of appropriations 

17 (a) FISCAL YEAR 2007.—There are authorized to be appropriated to the 

18 Administration for fiscal year 2007 $17,932,000,000 as follows: 

19 (1) SCIENCE, AERONAUTICS, AND EDUCATION.—For Science, Aero20 nautics, and Education (including amounts for construction of facili21 ties), $7,136,800,000, of which $962,000,000 shall be for Aeronautics. 

22 (2) EXPLORATION SYSTEMS AND SPACE OPERATIONS.—For Explo23 ration Systems and Space Operations (including amounts for construc24 tion of facilities), $10,761,700,000, of which $6,618,600,000 shall be 

25 for Space Operations. 

26 (3) OFFICE OF INSPECTOR GENERAL.—For the Office of Inspector 

27 General, $33,500,000. 

28 (b) FISCAL YEAR 2008.—There are authorized to be appropriated to the 

29 Administration for fiscal year 2008 $18,686,300,000 as follows: 


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1 (1) SCIENCE, AERONAUTICS, AND EDUCATION.—For Science, Aero2 nautics, and Education (including amounts for construction of facili3 ties), $7,747,800,000, of which $990,000,000 shall be for Aeronautics. 

4 (2) EXPLORATION SYSTEMS AND SPACE OPERATIONS.—For Explo5 ration Systems and Space Operations (including amounts for construc6 tion of facilities), $10,903,900,000, of which $6,546,600,000 shall be 

7 for Space Operations. 

8 (3) OFFICE OF INSPECTOR GENERAL.—For the Office of Inspector 

9 General, $34,600,000. 

10 § 30103. Working capital fund 

11 (a) ESTABLISHMENT.—There is hereby established in the United States 

12 Treasury an Administration working capital fund. 

13 (b) AVAILABILITY OF AMOUNTS.— 

14 (1) IN GENERAL.—Amounts in the fund are available for financing 

15 activities, services, equipment, information, and facilities as authorized 

16 by law to be provided— 

17 (A) within the Administration; 

18 (B) to other agencies or instrumentalities of the United States; 

19 (C) to any State, territory, or possession or political subdivision 

20 thereof; 

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

22 (E) to any person, firm, association, corporation, or educational 

23 institution on a reimbursable basis. 

24 (2) CAPITAL REPAIRS.—The fund shall also be available for the pur25 pose of funding capital repairs, renovations, rehabilitation, 

26 sustainment, demolition, or replacement of Administration real prop27 erty, on a reimbursable basis within the Administration. 

28 (3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are avail29 able without regard to fiscal year limitation. 

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

31 (1) amounts appropriated to the fund; 

32 (2) the reasonable value of stocks of supplies, equipment, and other 

33 assets and inventories on order that the Administrator transfers to the 

34 fund, less the related liabilities and unpaid obligations; and 

35 (3) payments received for loss or damage to property of the fund. 

36 (d) REIMBURSEMENT.—The fund shall be reimbursed, in advance, for 

37 supplies and services at rates that will approximate the expenses of oper38 ation, such as the accrual of annual leave, depreciation of plant, property, 

39 and equipment, and overhead. 


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1 § 30104. Budgets 

2 (a) CATEGORIES.—The proposed budget for the Administration submitted 

3 by the President for each fiscal year shall be accompanied by documents 

4 showing— 

5 (1) by program— 

6 (A) the budget for space operations, including the International 

7 Space Station and the space shuttle; 

8 (B) the budget for exploration systems; 

9 (C) the budget for aeronautics; 

10 (D) the budget for space science; 

11 (E) the budget for Earth science; 

12 (F) the budget for microgravity science; 

13 (G) the budget for education; 

14 (H) the budget for safety oversight; and 

15 (I) the budget for public relations; 

16 (2) the budget for technology transfer programs; 

17 (3) the budget for the Integrated Enterprise Management Program, 

18 by individual element; 

19 (4) the budget for the Independent Technical Authority, both total 

20 and by center; 

21 (5) the total budget for the prize program under section 20144 of 

22 this title, and the administrative budget for that program; and 

23 (6) the comparable figures for at least the 2 previous fiscal years for 

24 each item in the proposed budget. 

25 (b) ADDITIONAL BUDGET INFORMATION UPON REQUEST BY COMMIT26 TEES.—The Administration shall make available, upon request from the 

27 Committee on Science and Technology of the House of Representatives or 

28 the Committee on Commerce, Science, and Transportation of the Senate— 

29 (1) information on corporate and center general and administrative 

30 costs and service pool costs, including— 

31 (A) the total amount of funds being allocated for those purposes 

32 for any fiscal year for which the President has submitted an an33 nual budget request to Congress; 

34 (B) the amount of funds being allocated for those purposes for 

35 each center, for headquarters, and for each directorate; and 

36 (C) the major activities included in each cost category; and 

37 (2) the figures on the amount of unobligated funds and unexpended 

38 funds, by appropriations account— 

39 (A) that remained at the end of the fiscal year prior to the fis40 cal year in which the budget is being presented that were carried 

41 over into the fiscal year in which the budget is being presented; 


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1 (B) that are estimated will remain at the end of the fiscal year 

2 in which the budget is being presented that are proposed to be 

3 carried over into the fiscal year for which the budget is being pre4 sented; and 

5 (C) that are estimated will remain at the end of the fiscal year 

6 for which the budget is being presented. 

7 § 30105. Baselines and cost controls 

8 (a) DEFINITIONS.—In this section: 

9 (1) DEVELOPMENT.—The term ‘‘development’’ means the phase of 

10 a program following the formulation phase and beginning with the ap11 proval to proceed to implementation, as defined in the Administration’s 

12 Procedural Requirements 7120.5c, dated March 22, 2005. 

13 (2) DEVELOPMENT COST.—The term ‘‘development cost’’ means the 

14 total of all costs, including construction of facilities and civil servant 

15 costs, from the period beginning with the approval to proceed to imple16 mentation through the achievement of operational readiness, without 

17 regard to funding source or management control, for the life of the pro18 gram. 

19 (3) LIFE-CYCLE COST.—The term ‘‘life-cycle cost’’ means the total 

20 of the direct, indirect, recurring, and nonrecurring costs, including the 

21 construction of facilities and civil servant costs, and other related ex22 penses incurred or estimated to be incurred in the design, development, 

23 verification, production, operation, maintenance, support, and retire24 ment of a program over its planned lifespan, without regard to funding 

25 source or management control. 

26 (4) MAJOR PROGRAM.—The term ‘‘major program’’ means an activ27 ity approved to proceed to implementation that has an estimated life28 cycle cost of more than $250,000,000. 

29 (b) CONDITIONS FOR DEVELOPMENT.— 

30 (1) IN GENERAL.—The Administration shall not enter into a con31 tract for the development of a major program unless the Administrator 

32 determines that— 

33 (A) the technical, cost, and schedule risks of the program are 

34 clearly identified and the program has developed a plan to manage 

35 those risks; 

36 (B) the technologies required for the program have been dem37 onstrated in a relevant laboratory or test environment; and 

38 (C) the program complies with all relevant policies, regulations, 

39 and directives of the Administration. 

40 (2) REPORT.—The Administrator shall transmit a report describing 

41 the basis for the determination required under paragraph (1) to the 


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1 Committee on Science and Technology of the House of Representatives 

2 and the Committee on Commerce, Science, and Transportation of the 

3 Senate at least 30 days before entering into a contract for development 

4 under a major program. 

5 (3) NONDELEGATION.—The Administrator may not delegate the de6 termination requirement under this subsection, except in cases in which 

7 the Administrator has a conflict of interest. 

8 (c) MAJOR PROGRAM ANNUAL REPORTS.— 

9 (1) REQUIREMENT.—Annually, at the same time as the President’s 

10 annual budget submission to Congress, the Administrator shall trans11 mit to the Committee on Science and Technology of the House of Rep12 resentatives and the Committee on Commerce, Science, and Transpor13 tation of the Senate a report that includes the information required by 

14 this section for each major program for which the Administration pro15 poses to expend funds in the subsequent fiscal year. Reports under this 

16 paragraph shall be known as Major Program Annual Reports. 

17 (2) BASELINE REPORT.—The first Major Program Annual Report 

18 for each major program shall include a Baseline Report that shall, at 

19 a minimum, include— 

20 (A) the purposes of the program and key technical characteris21 tics necessary to fulfill those purposes; 

22 (B) an estimate of the life-cycle cost for the program, with a 

23 detailed breakout of the development cost, program reserves, and 

24 an estimate of the annual costs until development is completed; 

25 (C) the schedule for development, including key program mile26 stones; 

27 (D) the plan for mitigating technical, cost, and schedule risks 

28 identified in accordance with subsection (b)(1)(A); and 

29 (E) the name of the person responsible for making notifications 

30 under subsection (d), who shall be an individual whose primary re31 sponsibility is overseeing the program. 

32 (3) INFORMATION UPDATES.—For major programs for which a 

33 Baseline Report has been submitted, each subsequent Major Program 

34 Annual Report shall describe any changes to the information that had 

35 been provided in the Baseline Report, and the reasons for those 

36 changes. 

37 (d) NOTIFICATION.— 

38 (1) REQUIREMENT.—The individual identified under subsection 

39 (c)(2)(E) shall immediately notify the Administrator any time that in40 dividual has reasonable cause to believe that, for the major program 

41 for which he or she is responsible— 


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1 (A) the development cost of the program is likely to exceed the 

2 estimate provided in the Baseline Report of the program by 15 

3 percent or more; or 

4 (B) a milestone of the program is likely to be delayed by 6 

5 months or more from the date provided for it in the Baseline Re6 port of the program. 

7 (2) REASONS.—Not later than 30 days after the notification required 

8 under paragraph (1), the individual identified under subsection 

9 (c)(2)(E) shall transmit to the Administrator a written notification ex10 plaining the reasons for the change in the cost or milestone of the pro11 gram for which notification was provided under paragraph (1). 

12 (3) NOTIFICATION OF CONGRESS.—Not later than 15 days after the 

13 Administrator receives a written notification under paragraph (2), the 

14 Administrator shall transmit the notification to the Committee on 

15 Science and Technology of the House of Representatives and the Com16 mittee on Commerce, Science, and Transportation of the Senate. 

17 (e) FIFTEEN PERCENT THRESHOLD.— 

18 (1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.—Not 

19 later than 30 days after receiving a written notification under sub20 section (d)(2), the Administrator shall determine whether the develop21 ment cost of the program is likely to exceed the estimate provided in 

22 the Baseline Report of the program by 15 percent or more, or whether 

23 a milestone is likely to be delayed by 6 months or more. If the deter24 mination is affirmative, the Administrator shall— 

25 (A) transmit to the Committee on Science and Technology of 

26 the House of Representatives and the Committee on Commerce, 

27 Science, and Transportation of the Senate, not later than 15 days 

28 after making the determination, a report that includes— 

29 (i) a description of the increase in cost or delay in schedule 

30 and a detailed explanation for the increase or delay; 

31 (ii) a description of actions taken or proposed to be taken 

32 in response to the cost increase or delay; and 

33 (iii) a description of any impacts the cost increase or sched34 ule delay, or the actions described under clause (ii), will have 

35 on any other program within the Administration; and 

36 (B) if the Administrator intends to continue with the program, 

37 promptly initiate an analysis of the program, which shall include, 

38 at a minimum— 

39 (i) the projected cost and schedule for completing the pro40 gram if current requirements of the program are not modi41 fied; 


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1 (ii) the projected cost and the schedule for completing the 

2 program after instituting the actions described under sub3 paragraph (A)(ii); and 

4 (iii) a description of, and the projected cost and schedule 

5 for, a broad range of alternatives to the program. 

6 (2) COMPLETION OF ANALYSIS AND TRANSMITTAL TO COMMIT7 TEES.—The Administration shall complete an analysis initiated under 

8 paragraph (1)(B) not later than 6 months after the Administrator 

9 makes a determination under this subsection. The Administrator shall 

10 transmit the analysis to the Committee on Science and Technology of 

11 the House of Representatives and Committee on Commerce, Science, 

12 and Transportation of the Senate not later than 30 days after its com13 pletion. 

14 (f) THIRTY PERCENT THRESHOLD.—If the Administrator determines 

15 under subsection (e) that the development cost of a program will exceed the 

16 estimate provided in the Baseline Report of the program by more than 30 

17 percent, then, beginning 18 months after the date the Administrator trans18 mits a report under subsection (e)(1)(A), the Administrator shall not expend 

19 any additional funds on the program, other than termination costs, unless 

20 Congress has subsequently authorized continuation of the program by law. 

21 An appropriation for the specific program enacted subsequent to a report 

22 being transmitted shall be considered an authorization for purposes of this 

23 subsection. If the program is continued, the Administrator shall submit a 

24 new Baseline Report for the program no later than 90 days after the date 

25 of enactment of the Act under which Congress has authorized continuation 

26 of the program. 

27 § 30106. International Space Station Research 

28 The Administrator shall allocate at least 15 percent of the funds budg29 eted for International Space Station research to ground-based, free-flyer, 

30 and International Space Station life and microgravity science research that 

31 is not directly related to supporting the human exploration program, con32 sistent with section 40704 of this title. 

33 CHAPTER 303—CONTRACTING AND PROCUREMENT 

Sec. 

30301. Guaranteed customer base. 

30302. Quality assurance personnel. 

30303. Tracking and data relay satellite services. 

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

30305. Small business contracting. 

30306. Requirement for independent cost analysis. 

30307. Cost effectiveness calculations. 

30308. Use of abandoned and underutilized buildings, grounds, and facilities. 


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1 § 30301. Guaranteed customer base 

2 No amount appropriated to the Administration may be used to fund 

3 grants, contracts, or other agreements with an expected duration of more 

4 than one year, when a primary effect of the grant, contract, or agreement 

5 is to provide a guaranteed customer base for or establish an anchor tenancy 

6 in new commercial space hardware or services unless an appropriations Act 

7 specifies the new commercial space hardware or services to be developed or 

8 used, or the grant, contract, or agreement is otherwise identified in such 

9 Act. 

10 § 30302. Quality assurance personnel 

11 (a) EXCLUSION OF ADMINISTRATION PERSONNEL.—A person providing 

12 articles to the Administration under a contract entered into after December 

13 9, 1991, may not exclude Administration quality assurance personnel from 

14 work sites except as provided in a contract provision that has been sub15 mitted to Congress as provided in subsection (b). 

16 (b) CONTRACT PROVISIONS.—The Administration shall not enter into any 

17 contract which permits the exclusion of Administration quality assurance 

18 personnel from work sites unless the Administrator has submitted a copy 

19 of the provision permitting such exclusion to Congress at least 60 days be20 fore entering into the contract. 

21 § 30303. Tracking and data relay satellite services 

22 (a) CONTRACTS.—The Administration is authorized, when so provided in 

23 an appropriation Act, to enter into and to maintain a contract for tracking 

24 and data relay satellite services. Such services shall be furnished to the Ad25 ministration in accordance with applicable authorization and appropriations 

26 Acts. The Government shall incur no costs under such contract prior to the 

27 furnishing of such services except that the contract may provide for the pay28 ment for contingent liability of the Government which may accrue in the 

29 event the Government should decide for its convenience to terminate the 

30 contract before the end of the period of the contract. Facilities which may 

31 be required in the performance of the contract may be constructed on Gov32 ernment-owned lands if there is included in the contract a provision under 

33 which the Government may acquire title to the facilities, under terms and 

34 conditions agreed upon in the contract, upon termination of the contract. 

35 (b) REPORTS TO CONGRESS.—The Administrator shall in January of 

36 each year report to the Committee on Science and Technology and the Com37 mittee on Appropriations of the House of Representatives and the Com38 mittee on Commerce, Science, and Transportation and the Committee on 

39 Appropriations of the Senate the projected aggregate contingent liability of 

40 the Government under termination provisions of any contract authorized in 

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1 tion to enter into and to maintain the contract authorized hereunder shall 

2 remain in effect unless repealed by legislation enacted by Congress. 

3 § 30304. Award of contracts to small businesses and dis4 advantaged individuals 

5 The Administrator shall annually establish a goal of at least 8 percent 

6 of the total value of prime and subcontracts awarded in support of author7 ized programs, including the space station by the time operational status 

8 is obtained, which funds will be made available to small business concerns 

9 or other organizations owned or controlled by socially and economically dis10 advantaged individuals (within the meaning of paragraphs (5) and (6) of 

11 section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including His12 torically Black Colleges and Universities that are part B institutions (as de13 fined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 

14 1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of 

15 that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as de16 fined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Na17 tive-serving institutions (as defined in section 317(b)(2) of that Act (20 

18 U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in 

19 section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority edu20 cational institutions (as defined by the Secretary of Education pursuant to 

21 the General Education Provisions Act (20 U.S.C. 1221 et seq.)). 

22 § 30305. Small business contracting 

23 (a) PLAN.—In consultation with the Small Business Administration, the 

24 Administrator shall develop a plan to maximize the number and amount of 

25 contracts awarded to small business concerns (within the meaning given 

26 that term in section 3 of the Small Business Act (15 U.S.C. 632)) and to 

27 meet established contracting goals for such concerns. 

28 (b) PRIORITY.—The Administrator shall establish as a priority meeting 

29 the contracting goals developed in conjunction with the Small Business Ad30 ministration to maximize the amount of prime contracts, as measured in 

31 dollars, awarded in each fiscal year by the Administration to small business 

32 concerns (within the meaning given that term in section 3 of the Small 

33 Business Act (15 U.S.C. 632)). 

34 § 30306. Requirement for independent cost analysis 

35 (a) DEFINITION OF IMPLEMENTATION.—In this section, the term ‘‘imple36 mentation’’ means all activity in the life cycle of a project after preliminary 

37 design, independent assessment of the preliminary design, and approval to 

38 proceed into implementation, including critical design, development, certifi39 cation, launch, operations, disposal of assets, and, for technology programs, 

40 development, testing, analysis, and communication of the results. 


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1 (b) REQUIREMENT.—Before any funds may be obligated for implementa2 tion of a project that is projected to cost more than $250,000,000 in total 

3 project costs, the Administrator shall conduct and consider an independent 

4 life-cycle cost analysis of the project and shall report the results to Con5 gress. In developing cost accounting and reporting standards for carrying 

6 out this section, the Administrator shall, to the extent practicable and con7 sistent with other laws, solicit the advice of experts outside of the Adminis8 tration. 

9 § 30307. Cost effectiveness calculations 

10 (a) DEFINITIONS.—In this section: 

11 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

12 means any person providing space transportation services or other 

13 space-related activities, the primary control of which is held by persons 

14 other than a Federal, State, local, or foreign government. 

15 (2) STATE.—The term ‘‘State’’ means each of the several States of 

16 the United States, the District of Columbia, the Commonwealth of 

17 Puerto Rico, the Virgin Islands, Guam, American Samoa, the Common18 wealth of the Northern Mariana Islands, and any other commonwealth, 

19 territory, or possession of the United States. 

20 (b) IN GENERAL.—Except as otherwise required by law, in calculating the 

21 cost effectiveness of the cost of the Administration engaging in an activity 

22 as compared to a commercial provider, the Administrator shall compare the 

23 cost of the Administration engaging in the activity using full cost account24 ing principles with the price the commercial provider will charge for such 

25 activity. 

26 § 30308. Use of abandoned and underutilized buildings, 

27 grounds, and facilities 

28 (a) DEFINITION OF DEPRESSED COMMUNITIES.—In this section, the 

29 term ‘‘depressed communities’’ means rural and urban communities that are 

30 relatively depressed, in terms of age of housing, extent of poverty, growth 

31 of per capita income, extent of unemployment, job lag, or surplus labor. 

32 (b) IN GENERAL.—In any case in which the Administrator considers the 

33 purchase, lease, or expansion of a facility to meet requirements of the Ad34 ministration, the Administrator shall consider whether those requirements 

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

36 (1) Abandoned or underutilized buildings, grounds, and facilities in 

37 depressed communities that can be converted to Administration usage 

38 at a reasonable cost, as determined by the Administrator. 

39 (2) Any military installation that is closed or being closed, or any 

40 facility at such an installation. 


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1 (3) Any other facility or part of a facility that the Administrator de2 termines to be— 

3 (A) owned or leased by the United States for the use of another 

4 agency of the Federal Government; and 

5 (B) considered by the head of the agency involved to be— 

6 (i) excess to the needs of that agency; or 

7 (ii) underutilized by that agency. 

8 CHAPTER 305—MANAGEMENT AND REVIEW 

Sec. 

30501. Lessons learned and best practices. 

30502. Whistleblower protection. 

30503. Performance assessments. 

30504. Assessment of science mission extensions. 

30505. Coordination with the National Oceanic and Atmospheric Administration. 

9 § 30501. Lessons learned and best practices 

10 (a) IN GENERAL.—The Administrator shall transmit to the Committee on 

11 Science and Technology of the House of Representatives and the Committee 

12 on Commerce, Science, and Transportation of the Senate an implementation 

13 plan describing the Administration’s approach for obtaining, implementing, 

14 and sharing lessons learned and best practices for its major programs and 

15 projects not later than 180 days after December 30, 2005. The implementa16 tion plan shall be updated and maintained to ensure that it is current and 

17 consistent with the burgeoning culture of learning and safety that is emerg18 ing at the Administration. 

19 (b) REQUIRED CONTENT.—The implementation plan shall contain at a 

20 minimum the lessons learned and best practices requirements for the Ad21 ministration, the organizations or positions responsible for enforcement of 

22 the requirements, the reporting structure, and the objective performance 

23 measures indicating the effectiveness of the activity. 

24 (c) INCENTIVES.—The Administrator shall provide incentives to encour25 age sharing and implementation of lessons learned and best practices by em26 ployees, projects, and programs, as well as penalties for programs and 

27 projects that are determined not to have demonstrated use of those re28 sources. 

29 § 30502. Whistleblower protection 

30 (a) IN GENERAL.—Not later than 1 year after December 30, 2005, the 

31 Administrator shall transmit to the Committee on Science and Technology 

32 of the House of Representatives and the Committee on Commerce, Science, 

33 and Transportation of the Senate a plan describing steps to be taken by 

34 the Administration to protect from retaliation Administration employees 

35 who raise concerns about substantial and specific dangers to public health 

36 and safety or about substantial and specific factors that could threaten the 

37 success of a mission. The plan shall be designed to ensure that AdministraVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 tion employees have the full protection required by law. The Administrator 

2 shall implement the plan not more than 1 year after its transmittal. 

3 (b) GOAL.—The Administrator shall ensure that the plan describes a sys4 tem that will protect employees who wish to raise or have raised concerns 

5 described in subsection (a). 

6 (c) PLAN.—At a minimum, the plan shall include, consistent with Federal 

7 law— 

8 (1) a reporting structure that ensures that the officials who are the 

9 subject of a whistleblower’s complaint will not learn the identity of the 

10 whistleblower; 

11 (2) a single point to which all complaints can be made without fear 

12 of retribution; 

13 (3) procedures to enable the whistleblower to track the status of the 

14 case; 

15 (4) activities to educate employees about their rights as whistle16 blowers and how they are protected by law; 

17 (5) activities to educate employees about their obligations to report 

18 concerns and their accountability before and after receiving the results 

19 of the investigations into their concerns; and 

20 (6) activities to educate all appropriate Administration Human Re21 sources professionals, and all Administration managers and super22 visors, regarding personnel laws, rules, and regulations. 

23 (d) REPORT.—Not later than February 15 of each year beginning Feb24 ruary 15, 2007, the Administrator shall transmit a report to the Committee 

25 on Science and Technology of the House of Representatives and the Com26 mittee on Commerce, Science, and Transportation of the Senate on the con27 cerns described in subsection (a) that were raised during the previous fiscal 

28 year. At a minimum, the report shall provide— 

29 (1) the number of concerns that were raised, divided into the cat30 egories of safety and health, mission assurance, and mismanagement, 

31 and the disposition of those concerns, including whether any employee 

32 was disciplined as a result of a concern having been raised; and 

33 (2) any recommendations for reforms to further prevent retribution 

34 against employees who raise concerns. 

35 § 30503. Performance assessments 

36 (a) IN GENERAL.—The performance of each division in the Science direc37 torate of the Administration shall be reviewed and assessed by the National 

38 Academy of Sciences at 5-year intervals. 

39 (b) TIMING.—Beginning with the first fiscal year following December 30, 

40 2005, the Administrator shall select at least one division for review under 

41 this section. The Administrator shall select divisions so that all disciplines 


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1 will have received their first review within 6 fiscal years of December 30, 

2 2005. 

3 (c) REPORTS.—Not later than March 1 of each year, beginning with the 

4 first fiscal year after December 30, 2005, the Administrator shall transmit 

5 a report to the Committee on Science and Technology of the House of Rep6 resentatives and the Committee on Commerce, Science, and Transportation 

7 of the Senate— 

8 (1) setting forth in detail the results of any external review under 

9 subsection (a); 

10 (2) setting forth in detail actions taken by the Administration in re11 sponse to any external review; and 

12 (3) including a summary of findings and recommendations from any 

13 other relevant external reviews of the Administration’s science mission 

14 priorities and programs. 

15 § 30504. Assessment of science mission extensions 

16 (a) ASSESSMENT.—The Administrator shall carry out biennial reviews 

17 within each of the Science divisions to assess the cost and benefits of ex18 tending the date of the termination of data collection for those missions that 

19 have exceeded their planned mission lifetime. 

20 (b) CONSULTATION AND CONSIDERATION OF POTENTIAL BENEFITS OF

21 INSTRUMENTS ON MISSIONS.—For those missions that have an operational 

22 component, the National Oceanic and Atmospheric Administration or any 

23 other affected agency shall be consulted and the potential benefits of instru24 ments on missions that are beyond their planned mission lifetime taken into 

25 account. 

26 § 30505. Coordination with the National Oceanic and Atmos27 pheric Administration 

28 (a) JOINT WORKING GROUP.—The Administrator and the Administrator 

29 of the National Oceanic and Atmospheric Administration shall appoint a 

30 Joint Working Group, which shall review and monitor missions of the two 

31 agencies to ensure maximum coordination in the design, operation, and 

32 transition of missions where appropriate. The Joint Working Group shall 

33 also prepare the plans required by subsection (c). 

34 (b) COORDINATION REPORT.—Not later than February 15 of each year, 

35 beginning with the first fiscal year after December 30, 2005, the Adminis36 trator and the Administrator of the National Oceanic and Atmospheric Ad37 ministration shall jointly transmit a report to the Committee on Science and 

38 Technology of the House of Representatives and the Committee on Com39 merce, Science, and Transportation of the Senate on how the Earth science 

40 programs of the Administration and the National Oceanic and Atmospheric 


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1 Administration will be coordinated during the fiscal year following the fiscal 

2 year in which the report is transmitted. 

3 (c) COORDINATION OF TRANSITION PLANNING AND REPORTING.—The 

4 Administrator, in conjunction with the Administrator of the National Oce5 anic and Atmospheric Administration and in consultation with other rel6 evant agencies, shall evaluate relevant Administration science missions for 

7 their potential operational capabilities and shall prepare transition plans for 

8 the existing and future Earth observing systems found to have potential 

9 operational capabilities. 

10 (d) LIMITATION.—The Administrator shall not transfer any Administra11 tion Earth science mission or Earth observing system to the National Oce12 anic and Atmospheric Administration until the plan required under sub13 section (c) has been approved by the Administrator and the Administrator 

14 of the National Oceanic and Atmospheric Administration and until financial 

15 resources have been identified to support the transition or transfer in the 

16 President’s budget request for the National Oceanic and Atmospheric Ad17 ministration. 

18 CHAPTER 307—INTERNATIONAL COOPERATION AND 

19 COMPETITION 

Sec. 

30701. Competitiveness and international cooperation. 

30702. Foreign contract limitation. 

30703. Foreign launch vehicles. 

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

20 § 30701. Competitiveness and international cooperation 

21 (a) LIMITATION.— 

22 (1) SOLICITATION OF COMMENT.—As part of the evaluation of the 

23 costs and benefits of entering into an obligation to conduct a space 

24 mission in which a foreign entity will participate as a supplier of the 

25 spacecraft, spacecraft system, or launch system, the Administrator 

26 shall solicit comment on the potential impact of such participation 

27 through notice published in Commerce Business Daily at least 45 days 

28 before entering into such an obligation. 

29 (2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF CHINA.—The Ad30 ministrator shall certify to Congress at least 15 days in advance of any 

31 cooperative agreement with the People’s Republic of China, or any 

32 company owned by the People’s Republic of China or incorporated 

33 under the laws of the People’s Republic of China, involving spacecraft, 

34 spacecraft systems, launch systems, or scientific or technical informa35 tion, that— 

36 (A) the agreement is not detrimental to the United States space 

37 launch industry; and 


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1 (B) the agreement, including any indirect technical benefit that 

2 could be derived from the agreement, will not improve the missile 

3 or space launch capabilities of the People’s Republic of China. 

4 (3) ANNUAL AUDIT.—The Inspector General of the Administration, 

5 in consultation with appropriate agencies, shall conduct an annual 

6 audit of the policies and procedures of the Administration with respect 

7 to the export of technologies and the transfer of scientific and technical 

8 information, to assess the extent to which the Administration is car9 rying out its activities in compliance with Federal export control laws 

10 and with paragraph (2). 

11 (b) NATIONAL INTERESTS.— 

12 (1) DEFINITION OF UNITED STATES COMMERCIAL PROVIDER.—In 

13 this subsection, the term ‘‘United States commercial provider’’ means 

14 a commercial provider (as defined in section 30307(a) of this title), or15 ganized under the laws of the United States or of a State (as defined 

16 in section 30307(a) of this title), which is— 

17 (A) more than 50 percent owned by United States nationals; or 

18 (B) a subsidiary of a foreign company and the Secretary of 

19 Commerce finds that— 

20 (i) such subsidiary has in the past evidenced a substantial 

21 commitment to the United States market through— 

22 (I) investments in the United States in long-term re23 search, development, and manufacturing (including the 

24 manufacture of major components and subassemblies); 

25 and 

26 (II) significant contributions to employment in the 

27 United States; and 

28 (ii) the country or countries in which such foreign company 

29 is incorporated or organized, and, if appropriate, in which it 

30 principally conducts its business, affords reciprocal treatment 

31 to companies described in subparagraph (A) comparable to 

32 that afforded to such foreign company’s subsidiary in the 

33 United States, as evidenced by— 

34 (I) providing comparable opportunities for companies 

35 described in subparagraph (A) to participate in Govern36 ment sponsored research and development similar to that 

37 authorized under this section, section 30306, 30307, 

38 30308, or 30702 of this title, or the National Aero39 nautics and Space Administration Authorization Act of 

40 2000 (Public Law 106–391, 114 Stat. 1577); 


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1 (II) providing no barriers to companies described in 

2 subparagraph (A) with respect to local investment oppor3 tunities that are not provided to foreign companies in the 

4 United States; and 

5 (III) providing adequate and effective protection for 

6 the intellectual property rights of companies described in 

7 subparagraph (A). 

8 (2) IN GENERAL.—Before entering into an obligation described in 

9 subsection (a), the Administrator shall consider the national interests 

10 of the United States described in paragraph (3) of this subsection. 

11 (3) DESCRIPTION OF NATIONAL INTERESTS.—International coopera12 tion in space exploration and science activities most effectively serves 

13 the United States national interest when it— 

14 (A)(i) reduces the cost of undertaking missions the United 

15 States Government would pursue unilaterally; 

16 (ii) enables the United States to pursue missions that it could 

17 not otherwise afford to pursue unilaterally; or 

18 (iii) enhances United States capabilities to use and develop 

19 space for the benefit of United States citizens; 

20 (B) is undertaken in a manner that is sensitive to the desire 

21 of United States commercial providers to develop or explore space 

22 commercially; 

23 (C) is consistent with the need for Federal agencies to use space 

24 to complete their missions; and 

25 (D) is carried out in a manner consistent with United States 

26 export control laws. 

27 § 30702. Foreign contract limitation 

28 The Administration shall not enter into any agreement or contract with 

29 a foreign government that grants the foreign government the right to re30 cover profit in the event that the agreement or contract is terminated. 

31 § 30703. Foreign launch vehicles 

32 (a) ACCORD WITH SPACE TRANSPORTATION POLICY.—The Administra33 tion shall not launch a payload on a foreign launch vehicle except in accord34 ance with the Space Transportation Policy announced by the President on 

35 December 21, 2004. This subsection shall not be construed to prevent the 

36 President from waiving the Space Transportation Policy. 

37 (b) INTERAGENCY COORDINATION.—The Administration shall not launch 

38 a payload on a foreign launch vehicle unless the Administration commenced 

39 the interagency coordination required by the Space Transportation Policy 

40 announced by the President on December 21, 2004, at least 90 days before 

41 entering into a development contract for the payload. 


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1 (c) APPLICATION.—This section shall not apply to any payload for which 

2 development has begun prior to December 30, 2005, including the James 

3 Webb Space Telescope. 

4 § 30704. Offshore performance of contracts for the procure5 ment of goods and services 

6 The Administrator shall submit to Congress, not later than 120 days 

7 after the end of each fiscal year beginning with the first fiscal year after 

8 December 30, 2005, a report on the contracts and subcontracts performed 

9 overseas and the amount of purchases directly or indirectly by the Adminis10 tration from foreign entities in that fiscal year. The report shall separately 

11 indicate— 

12 (1) the contracts and subcontracts and their dollar values for which 

13 the Administrator determines that essential goods or services under the 

14 contract are available only from a source outside the United States; 

15 and 

16 (2) the items and their dollar values for which the Buy American 

17 Act (41 U.S.C. 10a et seq.) was waived pursuant to obligations of the 

18 United States under international agreements. 

19 CHAPTER 309—AWARDS 

Sec. 

30901. Congressional Space Medal of Honor. 

30902. Charles ‘‘Pete’’ Conrad Astronomy Awards. 

20 § 30901. Congressional Space Medal of Honor 

21 (a) AUTHORITY TO AWARD.—The President may award, and present in 

22 the name of Congress, a medal of appropriate design, which shall be known 

23 as the Congressional Space Medal of Honor, to any astronaut who in the 

24 performance of the astronaut’s duties has distinguished himself or herself 

25 by exceptionally meritorious efforts and contributions to the welfare of the 

26 Nation and of humankind. 

27 (b) APPROPRIATIONS.—There is authorized to be appropriated from time 

28 to time such sums of money as may be necessary to carry out the purposes 

29 of this section. 

30 § 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards 

31 (a) SHORT TITLE.—This section may be cited as the ‘‘Charles ‘Pete’ 

32 Conrad Astronomy Awards Act’’. 

33 (b) DEFINITIONS.—In this section: 

34 (1) AMATEUR ASTRONOMER.—The term ‘‘amateur astronomer’’ 

35 means an individual whose employer does not provide any funding, pay36 ment, or compensation to the individual for the observation of asteroids 

37 and other celestial bodies, and does not include any individual employed 

38 as a professional astronomer. 


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1 (2) MINOR PLANET CENTER.—The term ‘‘Minor Planet Center’’ 

2 means the Minor Planet Center of the Smithsonian Astrophysical Ob3 servatory. 

4 (3) NEAR-EARTH ASTEROID.—The term ‘‘near-Earth asteroid’’ 

5 means an asteroid with a perihelion distance of less than 1.3 Astro6 nomical Units from the Sun. 

7 (4) PROGRAM.—The term ‘‘Program’’ means the Charles ‘‘Pete’’ 

8 Conrad Astronomy Awards Program established under subsection (c). 

9 (c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS PROGRAM.— 

10 (1) IN GENERAL.—The Administrator shall establish the Charles 

11 ‘‘Pete’’ Conrad Astronomy Awards Program. 

12 (2) AWARDS.—The Administrator shall make awards under the Pro13 gram based on the recommendations of the Minor Planet Center. 

14 (3) AWARD CATEGORIES.—The Administrator shall make one annual 

15 award, unless there are no eligible discoveries or contributions, for each 

16 of the following categories: 

17 (A) DISCOVERY OF BRIGHTEST NEAR-EARTH ASTEROID.—The 

18 amateur astronomer or group of amateur astronomers who in the 

19 preceding calendar year discovered the intrinsically brightest near20 Earth asteroid among the near-Earth asteroids that were discov21 ered during that year by amateur astronomers or groups of ama22 teur astronomers. 

23 (B) GREATEST CONTRIBUTION TO CATALOGUING NEAR-EARTH

24 ASTEROIDS.—The amateur astronomer or group of amateur as25 tronomers who made the greatest contribution to the Minor Planet 

26 Center’s mission of cataloguing near-Earth asteroids during the 

27 preceding year. 

28 (4) AWARD AMOUNT.—An award under the Program shall be in the 

29 amount of $3,000. 

30 (5) GUIDELINES.— 

31 (A) CITIZEN OR PERMANENT RESIDENT.—No individual who is 

32 not a citizen or permanent resident of the United States at the 

33 time of the individual’s discovery or contribution may receive an 

34 award under this section. 

35 (B) FINALITY.—The decisions of the Administrator in making 

36 awards under this section are final. 

37 CHAPTER 311—SAFETY 

Sec. 

31101. Aerospace Safety Advisory Panel. 

31102. Drug and alcohol testing. 


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1 § 31101. Aerospace Safety Advisory Panel 

2 (a) ESTABLISHMENT AND MEMBERS.—There is established an Aerospace 

3 Safety Advisory Panel consisting of a maximum of 9 members who shall be 

4 appointed by the Administrator for terms of 6 years each. Not more than 

5 4 such members shall be chosen from among the officers and employees of 

6 the Administration. 

7 (b) CHAIRMAN.—One member shall be designated by the Panel as its 

8 Chairman. 

9 (c) DUTIES.—The Panel shall— 

10 (1) review safety studies and operations plans referred to it, includ11 ing evaluating the Administration’s compliance with the return-to-flight 

12 and continue-to-fly recommendations of the Columbia Accident Inves13 tigation Board, and make reports thereon; 

14 (2) advise the Administrator and Congress with respect to— 

15 (A) the hazards of proposed or existing facilities and proposed 

16 operations; 

17 (B) the adequacy of proposed or existing safety standards; and 

18 (C) management and culture related to safety; and 

19 (3) perform such other duties as the Administrator may request. 

20 (d) COMPENSATION AND EXPENSES.— 

21 (1) COMPENSATION.— 

22 (A) FEDERAL OFFICERS AND EMPLOYEES.—A member of the 

23 Panel who is an officer or employee of the Federal Government 

24 shall receive no compensation for the member’s services as such. 

25 (B) MEMBERS APPOINTED FROM OUTSIDE THE FEDERAL GOV26 ERNMENT.—A member of the Panel appointed from outside the 

27 Federal Government shall receive compensation, at a rate not to 

28 exceed the per diem rate equivalent to the maximum rate payable 

29 under section 5376 of title 5, for each day the member is engaged 

30 in the actual performance of duties vested in the Panel. 

31 (2) EXPENSES.—A member of the Panel shall be allowed necessary 

32 travel expenses (or in the alternative, mileage for use of a privately 

33 owned vehicle and a per diem in lieu of subsistence not to exceed the 

34 rate and amount prescribed in sections 5702 and 5704 of title 5), and 

35 other necessary expenses incurred by the member in the performance 

36 of duties vested in the Panel, without regard to the provisions of sub37 chapter I of chapter 57 of title 5, the Standardized Government Travel 

38 Regulations, or section 5731 of title 5. 

39 (e) ANNUAL REPORT.—The Panel shall submit an annual report to the 

40 Administrator and to Congress. In the first annual report submitted after 

41 December 30, 2005, the Panel shall include an evaluation of the AdminisVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 tration’s management and culture related to safety. Each annual report 

2 shall include an evaluation of the Administration’s compliance with the rec3 ommendations of the Columbia Accident Investigation Board through retire4 ment of the space shuttle. 

5 § 31102. Drug and alcohol testing 

6 (a) FINDINGS.—Congress finds that— 

7 (1) alcohol abuse and illegal drug use pose significant dangers to the 

8 safety and welfare of the Nation; 

9 (2) the success of the United States civil space program is contin10 gent upon the safe and successful development and deployment of the 

11 many varied components of that program; 

12 (3) the greatest efforts must be expended to eliminate the abuse of 

13 alcohol and use of illegal drugs, whether on duty or off duty, by those 

14 individuals who are involved in the positions affecting safety, security, 

15 and national security; 

16 (4) the use of alcohol and illegal drugs has been demonstrated to ad17 versely affect the performance of individuals, and has been proven to 

18 have been a critical factor in accidents in the workplace; 

19 (5) the testing of uniformed personnel of the Armed Forces has 

20 shown that the most effective deterrent to abuse of alcohol and use of 

21 illegal drugs is increased testing, including random testing; 

22 (6) adequate safeguards can be implemented to ensure that testing 

23 for abuse of alcohol or use of illegal drugs is performed in a manner 

24 that protects an individual’s right of privacy, ensures that no individual 

25 is harassed by being treated differently from other individuals, and en26 sures that no individual’s reputation or career development is unduly 

27 threatened or harmed; and 

28 (7) rehabilitation is a critical component of any testing program for 

29 abuse of alcohol or use of illegal drugs, and should be made available 

30 to individuals, as appropriate. 

31 (b) DEFINITION OF CONTROLLED SUBSTANCE.—In this section, the term 

32 ‘‘controlled substance’’ means any substance under section 102(6) of the 

33 Controlled Substances Act (21 U.S.C. 802(6)) specified by the Adminis34 trator. 

35 (c) TESTING PROGRAM.— 

36 (1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall es37 tablish a program applicable to employees of the Administration whose 

38 duties include responsibility for safety-sensitive, security, or national 

39 security functions. Such program shall provide for preemployment, rea40 sonable suspicion, random, and post-accident testing for use, in viola41 tion of applicable law or Federal regulation, of alcohol or a controlled 


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1 substance. The Administrator may also prescribe regulations, as the 

2 Administrator considers appropriate in the interest of safety, security, 

3 and national security, for the conduct of periodic recurring testing of 

4 such employees for such use in violation of applicable law or Federal 

5 regulation. 

6 (2) EMPLOYEES OF CONTRACTORS.—The Administrator shall, in the 

7 interest of safety, security, and national security, prescribe regulations. 

8 Such regulations shall establish a program that requires Administration 

9 contractors to conduct preemployment, reasonable suspicion, random, 

10 and post-accident testing of contractor employees responsible for safe11 ty-sensitive, security, or national security functions (as determined by 

12 the Administrator) for use, in violation of applicable law or Federal 

13 regulation, of alcohol or a controlled substance. The Administrator may 

14 also prescribe regulations, as the Administrator considers appropriate 

15 in the interest of safety, security, and national security, for the conduct 

16 of periodic recurring testing of such employees for such use in violation 

17 of applicable law or Federal regulation. 

18 (3) SUSPENSION, DISQUALIFICATION, OR DISMISSAL.—In prescribing 

19 regulations under the programs required by this subsection, the Admin20 istrator shall require, as the Administrator considers appropriate, the 

21 suspension, disqualification, or dismissal of any employee to which 

22 paragraph (1) or (2) applies, in accordance with the provisions of this 

23 section, in any instance where a test conducted and confirmed under 

24 this section indicates that such employee has used, in violation of appli25 cable law or Federal regulation, alcohol or a controlled substance. 

26 (d) PROHIBITION ON SERVICE.— 

27 (1) PROHIBITION UNLESS PROGRAM OF REHABILITATION COM28 PLETED.—No individual who is determined by the Administrator under 

29 this section to have used, in violation of applicable law or Federal regu30 lation, alcohol or a controlled substance after December 9, 1991, shall 

31 serve as an Administration employee with responsibility for safety-sen32 sitive, security, or national security functions (as determined by the 

33 Administrator), or as an Administration contractor employee with such 

34 responsibility, unless such individual has completed a program of reha35 bilitation described in subsection (e). 

36 (2) UNCONDITIONAL PROHIBITION.—Any such individual determined 

37 by the Administrator under this section to have used, in violation of 

38 applicable law or Federal regulation, alcohol or a controlled substance 

39 after December 9, 1991, shall not be permitted to perform the duties 

40 that the individual performed prior to the date of the determination, 

41 if the individual— 


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

2 (B) prior to such use had undertaken or completed a rehabilita3 tion program described in subsection (e); 

4 (C) following such determination refuses to undertake such a re5 habilitation program; or 

6 (D) following such determination fails to complete such a reha7 bilitation program. 

8 (e) PROGRAM FOR REHABILITATION.— 

9 (1) REGULATIONS AND AVAILABILITY OF PROGRAM FOR CON10 TRACTOR EMPLOYEES.—The Administrator shall prescribe regulations 

11 setting forth requirements for rehabilitation programs which at a min12 imum provide for the identification and opportunity for treatment of 

13 employees referred to in subsection (c) in need of assistance in resolv14 ing problems with the use, in violation of applicable law or Federal reg15 ulation, of alcohol or a controlled substance. Each contractor is encour16 aged to make such a program available to all of its employees in addi17 tion to those employees referred to in subsection (c)(2). The Adminis18 trator shall determine the circumstances under which such employees 

19 shall be required to participate in such a program. Nothing in this sub20 section shall preclude any Administration contractor from establishing 

21 a program under this subsection in cooperation with any other such 

22 contractor. 

23 (2) ESTABLISHMENT AND MAINTENANCE OF PROGRAM FOR ADMINIS24 TRATION EMPLOYEES.—The Administrator shall establish and maintain 

25 a rehabilitation program which at a minimum provides for the identi26 fication and opportunity for treatment of those employees of the Ad27 ministration whose duties include responsibility for safety-sensitive, se28 curity, or national security functions who are in need of assistance in 

29 resolving problems with the use of alcohol or controlled substances. 

30 (f) PROCEDURES FOR TESTING.—In establishing the programs required 

31 under subsection (c), the Administrator shall develop requirements which 

32 shall— 

33 (1) promote, to the maximum extent practicable, individual privacy 

34 in the collection of specimen samples; 

35 (2) with respect to laboratories and testing procedures for controlled 

36 substances, incorporate the Department of Health and Human Services 

37 scientific and technical guidelines dated April 11, 1988, and any subse38 quent amendments thereto, including mandatory guidelines which— 

39 (A) establish comprehensive standards for all aspects of labora40 tory controlled substances testing and laboratory procedures to be 

41 applied in carrying out this section, including standards which reVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 quire the use of the best available technology for ensuring the full 

2 reliability and accuracy of controlled substances tests and strict 

3 procedures governing the chain of custody of specimen samples 

4 collected for controlled substances testing; 

5 (B) establish the minimum list of controlled substances for 

6 which individuals may be tested; and 

7 (C) establish appropriate standards and procedures for periodic 

8 review of laboratories and criteria for certification and revocation 

9 of certification of laboratories to perform controlled substances 

10 testing in carrying out this section; 

11 (3) require that all laboratories involved in the controlled substances 

12 testing of any individual under this section shall have the capability 

13 and facility, at such laboratory, of performing screening and confirma14 tion tests; 

15 (4) provide that all tests which indicate the use, in violation of appli16 cable law or Federal regulation, of alcohol or a controlled substance by 

17 any individual shall be confirmed by a scientifically recognized method 

18 of testing capable of providing quantitative data regarding alcohol or 

19 a controlled substance; 

20 (5) provide that each specimen sample be subdivided, secured, and 

21 labelled in the presence of the tested individual and that a portion 

22 thereof be retained in a secure manner to prevent the possibility of 

23 tampering, so that in the event the individual’s confirmation test re24 sults are positive the individual has an opportunity to have the retained 

25 portion assayed by a confirmation test done independently at a second 

26 certified laboratory if the individual requests the independent test with27 in 3 days after being advised of the results of the initial confirmation 

28 test; 

29 (6) ensure appropriate safeguards for testing to detect and quantify 

30 alcohol in breath and body fluid samples, including urine and blood, 

31 through the development of regulations as may be necessary and in 

32 consultation with the Department of Health and Human Services; 

33 (7) provide for the confidentiality of test results and medical infor34 mation of employees; and 

35 (8) ensure that employees are selected for tests by nondiscriminatory 

36 and impartial methods, so that no employee is harassed by being treat37 ed differently from other employees in similar circumstances. 

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

39 (1) CONSISTENCY WITH FEDERAL REGULATION.—No State or local 

40 government shall adopt or have in effect any law, rule, regulation, ordiVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 nance, standard, or order that is inconsistent with the regulations pro2 mulgated under this section. 

3 (2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 9, 

4 1991.—Nothing in this section shall be construed to restrict the discre5 tion of the Administrator to continue in force, amend, or further sup6 plement any regulations issued before December 9, 1991, that govern 

7 the use of alcohol and controlled substances by Administration employ8 ees with responsibility for safety-sensitive, security, and national secu9 rity functions (as determined by the Administrator), or by Administra10 tion contractor employees with such responsibility. 

11 CHAPTER 313—MISCELLANEOUS 

Sec. 

31301. Peaceful uses of space station. 

31302. Orbital debris. 

31303. Healthcare program. 

12 § 31301. Peaceful uses of space station 

13 No civil space station authorized under section 103(a)(1) of the National 

14 Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 

15 (Public Law 101–611, 104 Stat. 3190) may be used to carry or place in 

16 orbit any nuclear weapon or any other weapon of mass destruction, to in17 stall any such weapon on any celestial body, or to station any such weapon 

18 in space in any other manner. This civil space station may be used only 

19 for peaceful purposes. 

20 § 31302. Orbital debris 

21 The Administrator, in conjunction with the heads of other Federal agen22 cies, shall take steps to develop or acquire technologies that will enable the 

23 Administration to decrease the risks associated with orbital debris. 

24 § 31303. Healthcare program 

25 The Administrator shall develop a plan to better understand the longitu26 dinal health effects of space flight on humans. In the development of the 

27 plan, the Administrator shall consider the need for the establishment of a 

28 lifetime healthcare program for Administration astronauts and their families 

29 or other methods to obtain needed health data from astronauts and retired 

30 astronauts. 

31 Subtitle IV—Aeronautics and Space Research and 

32 Education 

Chapter Sec. 

401. Aeronautics ................................................................................................. 40101 

403. National Space Grant College and Fellowship Program ........... 40301 

405. Biomedical Research in Space ............................................................. 40501 

407. Miscellaneous ............................................................................................. 40701 

33 CHAPTER 401—AERONAUTICS 

SUBCHAPTER I—GENERAL 

Sec. 

40101. Definition of institution of higher education. 


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40102. Governmental interest in aeronautics research and development. 

SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND 

DEVELOPMENT PROGRAMS 

40111. Fundamental research program. 

40112. Research and technology programs. 

40113. Airspace systems research. 

40114. Aviation safety and security research. 

40115. Aviation weather research. 

40116. Assessment of wake turbulence research and development program. 

40117. University-based Centers for Research on Aviation Training. 

SUBCHAPTER III—SCHOLARSHIPS 

40131. Aeronautics scholarships. 

SUBCHAPTER IV—DATA REQUESTS 

40141. Aviation data requests. 

1 SUBCHAPTER I—GENERAL 

2 § 40101. Definition of institution of higher education 

3 In this chapter, the term ‘‘institution of higher education’’ has the mean4 ing given the term by section 101 of the Higher Education Act of 1965 (20 

5 U.S.C. 1001). 

6 § 40102. Governmental interest in aeronautics research and 

7 development 

8 Congress reaffirms the national commitment to aeronautics research 

9 made in chapter 201 of this title. Aeronautics research and development re10 mains a core mission of the Administration. The Administration is the lead 

11 agency for civil aeronautics research. Further, the government of the United 

12 States shall promote aeronautics research and development that will expand 

13 the capacity, ensure the safety, and increase the efficiency of the Nation’s 

14 air transportation system, promote the security of the Nation, protect the 

15 environment, and retain the leadership of the United States in global avia16 tion. 

17 SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH 

18 AND DEVELOPMENT PROGRAMS 

19 § 40111. Fundamental research program 

20 (a) OBJECTIVE.—In order to ensure that the Nation maintains needed 

21 capabilities in fundamental areas of aeronautics research, the Administrator 

22 shall establish a program of long-term fundamental research in aeronautical 

23 sciences and technologies that is not tied to specific development projects. 

24 (b) OPERATION.—The Administrator shall conduct the program under 

25 this section, in part by awarding grants to institutions of higher education. 

26 The Administrator shall encourage the participation of institutions of higher 

27 education located in States that participate in the Experimental Program 

28 to Stimulate Competitive Research. All grants to institutions of higher edu29 cation under this section shall be awarded through merit review. 

30 (c) ASSESSMENT.—The Administrator shall enter into an arrangement 

31 with the National Research Council for an assessment of the Nation’s fuVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 ture requirements for fundamental aeronautics research and whether the 

2 Nation will have a skilled research workforce and research facilities com3 mensurate with those requirements. The assessment shall include an identi4 fication of any projected gaps, and recommendations for what steps should 

5 be taken by the Federal Government to eliminate those gaps. 

6 (d) REPORT.—The Administrator shall transmit the assessment, along 

7 with the Administration’s response to the assessment, to Congress not later 

8 than 2 years after December 30, 2005. 

9 § 40112. Research and technology programs 

10 (a) ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT.—The 

11 Administrator may establish an initiative with the objective of developing, 

12 and demonstrating in a relevant environment, technologies to enable the fol13 lowing commercial aircraft performance characteristics: 

14 (1) NOISE.—Noise levels on takeoff and on airport approach and 

15 landing that do not exceed ambient noise levels in the absence of flight 

16 operations in the vicinity of airports from which such commercial air17 craft would normally operate. 

18 (2) ENERGY CONSUMPTION.—Twenty-five percent reduction in the 

19 energy required for medium- to long-range flights, compared to aircraft 

20 in commercial service as of December 30, 2005. 

21 (3) EMISSIONS.—Nitrogen oxides on take-off and landing that are 

22 significantly reduced, without adversely affecting hydrocarbons and 

23 smoke, relative to aircraft in commercial service as of December 30, 

24 2005. 

25 (b) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The Ad26 ministrator may establish an initiative with the objective of developing and 

27 demonstrating, in a relevant environment, airframe and propulsion tech28 nologies to enable efficient, economical overland flight of supersonic civil 

29 transport aircraft with no significant impact on the environment. 

30 (c) ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES.— 

31 The Administrator may establish a rotorcraft and other runway-independent 

32 air vehicles initiative with the objective of developing and demonstrating im33 proved safety, noise, and environmental impact in a relevant environment. 

34 (d) HYPERSONICS RESEARCH.—The Administrator may establish a 

35 hypersonics research program with the objective of exploring the science and 

36 technology of hypersonic flight using air-breathing propulsion concepts, 

37 through a mix of theoretical work, basic and applied research, and develop38 ment of flight research demonstration vehicles. The program may also in39 clude the transition to the hypersonic range of Mach 3 to Mach 5. 

40 (e) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Administrator 

41 may establish a research program which covers a unique range of subsonic, 


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1 fixed wing vehicles and propulsion concepts. This research is intended to 

2 push technology barriers beyond current subsonic technology. Propulsion 

3 concepts include advanced materials, morphing engines, hybrid engines, and 

4 fuel cells. 

5 (f) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 

6 (1) OBJECTIVE.—The Administrator may establish a fuel cell-pow7 ered aircraft research program whose objective shall be to develop and 

8 test concepts to enable a hydrogen fuel cell-powered aircraft that would 

9 have no hydrocarbon or nitrogen oxide emissions into the environment. 

10 (2) APPROACH.—The Administrator may establish a program of 

11 competitively awarded grants available to teams of researchers that 

12 may include the participation of individuals from universities, industry, 

13 and government for the conduct of this research. 

14 (g) MARS AIRCRAFT RESEARCH.— 

15 (1) OBJECTIVE.—The Administrator may establish a Mars Aircraft 

16 project whose objective shall be to develop and test concepts for an 

17 uncrewed aircraft that could operate for sustained periods in the at18 mosphere of Mars. 

19 (2) APPROACH.—The Administrator may establish a program of 

20 competitively awarded grants available to teams of researchers that 

21 may include the participation of individuals from universities, industry, 

22 and government for the conduct of this research. 

23 § 40113. Airspace systems research 

24 (a) OBJECTIVE.—The Airspace Systems Research program shall pursue 

25 research and development to enable revolutionary improvements to and mod26 ernization of the National Airspace System, as well as to enable the intro27 duction of new systems for vehicles that can take advantage of an improved, 

28 modern air transportation system. 

29 (b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 

30 Administrator shall align the projects of the Airspace Systems Research 

31 program so that they directly support the objectives of the Joint Planning 

32 and Development Office’s Next Generation Air Transportation System Inte33 grated Plan. 

34 § 40114. Aviation safety and security research 

35 (a) OBJECTIVE.—The Aviation Safety and Security Research program 

36 shall pursue research and development activities that directly address the 

37 safety and security needs of the National Airspace System and the aircraft 

38 that fly in it. The program shall develop prevention, intervention, and miti39 gation technologies aimed at causal, contributory, or circumstantial factors 

40 of aviation accidents. 


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1 (b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 

2 Administrator shall align the projects of the Aviation Safety and Security 

3 Research program so that they directly support the objectives of the Joint 

4 Planning and Development Office’s Next Generation Air Transportation 

5 System Integrated Plan. 

6 § 40115. Aviation weather research 

7 The Administrator may carry out a program of collaborative research 

8 with the National Oceanic and Atmospheric Administration on convective 

9 weather events, with the goal of significantly improving the reliability of 2- 

10 hour to 6-hour aviation weather forecasts. 

11 § 40116. Assessment of wake turbulence research and devel12 opment program 

13 (a) ASSESSMENT.—The Administrator shall enter into an arrangement 

14 with the National Research Council for an assessment of Federal wake tur15 bulence research and development programs. The assessment shall address 

16 at least the following questions: 

17 (1) Are the Federal research and development goals and objectives 

18 well defined? 

19 (2) Are there any deficiencies in the Federal research and develop20 ment goals and objectives? 

21 (3) What roles should be played by each of the relevant Federal 

22 agencies, such as the Administration, the Federal Aviation Administra23 tion, and the National Oceanic and Atmospheric Administration, in 

24 wake turbulence research and development? 

25 (b) REPORT.—A report containing the results of the assessment con26 ducted pursuant to subsection (a) shall be provided to Congress not later 

27 than 2 years after December 30, 2005. 

28 § 40117. University-based Centers for Research on Aviation 

29 Training 

30 (a) IN GENERAL.—The Administrator may award grants to institutions 

31 of higher education (or consortia thereof) to establish one or more Centers 

32 for Research on Aviation Training under cooperative agreements with ap33 propriate Administration Centers. 

34 (b) PURPOSE.—The purpose of the Centers for Research on Aviation 

35 Training shall be to investigate the impact of new technologies and proce36 dures, particularly those related to the aircraft flight deck and to the air 

37 traffic management functions, on training requirements for pilots and air 

38 traffic controllers. 

39 (c) APPLICATION.—An institution of higher education (or a consortium 

40 of such institutions) seeking funding under this section shall submit an ap41 plication to the Administrator at such time, in such manner, and containing 


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1 such information as the Administrator may require, including, at a min2 imum, a 5-year research plan. 

3 (d) AWARD DURATION.—An award made by the Administrator under this 

4 section shall be for a period of 5 years and may be renewed on the basis 

5 of— 

6 (1) satisfactory performance in meeting the goals of the research 

7 plan proposed in the application submitted under subsection (c); and 

8 (2) other requirements as specified by the Administrator. 

9 SUBCHAPTER III—SCHOLARSHIPS 

10 § 40131. Aeronautics scholarships 

11 (a) ESTABLISHMENT.—The Administrator shall establish a program of 

12 scholarships for full-time graduate students who are United States citizens 

13 and are enrolled in, or have been accepted by and have indicated their inten14 tion to enroll in, accredited Masters degree programs in aeronautical engi15 neering or equivalent programs at institutions of higher education. Each 

16 such scholarship shall cover the costs of room, board, tuition, and fees, and 

17 may be provided for a maximum of 2 years. 

18 (b) IMPLEMENTATION.—Not later than 180 days after December 30, 

19 2005, the Administrator shall publish regulations governing the scholarship 

20 program under this section. 

21 (c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have been 

22 awarded a scholarship under this section shall have the opportunity for paid 

23 employment at one of the Administration Centers engaged in aeronautics re24 search and development during the summer prior to the first year of the 

25 student’s Masters program, and between the first and second year, if appli26 cable. 

27 SUBCHAPTER IV—DATA REQUESTS 

28 § 40141. Aviation data requests 

29 The Administrator shall make available upon request satellite imagery 

30 and aerial photography of remote terrain that the Administration owns at 

31 the time of the request to the Administrator of the Federal Aviation Admin32 istration or the Director of the Five Star Medallion Program, to assist and 

33 train pilots in navigating challenging topographical features of such terrain. 

34 CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND 

35 FELLOWSHIP PROGRAM 

Sec. 

40301. Congressional statement of findings. 

40302. Congressional statement of purposes. 

40303. Definitions. 

40304. National space grant college and fellowship program. 

40305. Grants or contracts. 

40306. Specific national needs. 

40307. Space grant college and space grant regional consortium. 

40308. Space grant fellowship program. 

40309. Space grant review panel. 


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40310. Availability of other Federal personnel and data. 

40311. Designation or award to be on competitive basis. 

1 § 40301. Congressional statement of findings 

2 Congress finds that— 

3 (1) the vitality of the Nation and the quality of life of the citizens 

4 of the Nation depend increasingly on the understanding, assessment, 

5 development, and utilization of space resources; 

6 (2) research and development of space science, space technology, and 

7 space commercialization will contribute to the quality of life, national 

8 security, and the enhancement of commerce; 

9 (3) the understanding and development of the space frontiers require 

10 a broad commitment and an intense involvement on the part of the 

11 Federal Government in partnership with State and local governments, 

12 private industry, universities, organizations, and individuals concerned 

13 with the exploration and utilization of space; 

14 (4) the Administration, through the national space grant college and 

15 fellowship program, offers the most suitable means for such commit16 ment and involvement through the promotion of activities that will re17 sult in greater understanding, assessment, development, and utilization; 

18 and 

19 (5) Federal support of the establishment, development, and operation 

20 of programs and projects by space grant colleges, space grant regional 

21 consortia, institutions of higher education, institutes, laboratories, and 

22 other appropriate public and private entities is the most cost-effective 

23 way to promote such activities. 

24 § 40302. Congressional statement of purposes 

25 The purposes of this chapter are to— 

26 (1) increase the understanding, assessment, development, and utiliza27 tion of space resources by promoting a strong educational base, respon28 sive research and training activities, and broad and prompt dissemina29 tion of knowledge and techniques; 

30 (2) utilize the abilities and talents of the universities of the Nation 

31 to support and contribute to the exploration and development of the 

32 resources and opportunities afforded by the space environment; 

33 (3) encourage and support, within the university community of the 

34 Nation, the existence of interdisciplinary and multidisciplinary pro35 grams of space research that— 

36 (A) engage in integrated activities of training, research, and 

37 public service; 

38 (B) have cooperative programs with industry; and 

39 (C) are coordinated with the overall program of the Administra40 tion; 


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1 (4) encourage and support the existence of consortia, made up of 

2 university and industry members, in order to advance the exploration 

3 and development of space resources in cases in which national objec4 tives can be better fulfilled through such consortia than through the 

5 programs of single universities; 

6 (5) encourage and support Federal funding for graduate fellowships 

7 in fields related to space; and 

8 (6) support activities in colleges and universities generally for the 

9 purpose of creating and operating a network of institutional programs 

10 that will enhance achievements resulting from efforts under this chap11 ter. 

12 § 40303. Definitions 

13 In this chapter: 

14 (1) AERONAUTICAL AND SPACE ACTIVITIES.—The term ‘‘aero15 nautical and space activities’’ has the meaning given the term in sec16 tion 20103 of this title. 

17 (2) FIELD RELATED TO SPACE.—The term ‘‘field related to space’’ 

18 means any academic discipline or field of study (including the physical, 

19 natural, and biological sciences, and engineering, space technology, edu20 cation, economics, sociology, communications, planning, law, inter21 national affairs, and public administration) which is concerned with or 

22 likely to improve the understanding, assessment, development, and uti23 lization of space. 

24 (3) PANEL.—The term ‘‘panel’’ means the space grant review panel 

25 established pursuant to section 40309 of this title. 

26 (4) PERSON.—The term ‘‘person’’ means any individual, any public 

27 or private corporation, partnership, or other association or entity (in28 cluding any space grant college, space grant regional consortium, insti29 tution of higher education, institute, or laboratory), or any State, polit30 ical subdivision of a State, or agency or officer of a State or political 

31 subdivision of a State. 

32 (5) SPACE ENVIRONMENT.—The term ‘‘space environment’’ means 

33 the environment beyond the sensible atmosphere of the Earth. 

34 (6) SPACE GRANT COLLEGE.—The term ‘‘space grant college’’ means 

35 any public or private institution of higher education which is designated 

36 as such by the Administrator pursuant to section 40307 of this title. 

37 (7) SPACE GRANT PROGRAM.—The term ‘‘space grant program’’ 

38 means any program that— 

39 (A) is administered by any space grant college, space grant re40 gional consortium, institution of higher education, institute, lab41 oratory, or State or local agency; and 


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1 (B) includes 2 or more projects involving education and one or 

2 more of the following activities in the fields related to space: 

3 (i) Research. 

4 (ii) Training. 

5 (iii) Advisory services. 

6 (8) SPACE GRANT REGIONAL CONSORTIUM.—The term ‘‘space grant 

7 regional consortium’’ means any association or other alliance that is 

8 designated as a space grant regional consortium by the Administrator 

9 pursuant to section 40307 of this title. 

10 (9) SPACE RESOURCE.—The term ‘‘space resource’’ means any tan11 gible or intangible benefit which can be realized only from— 

12 (A) aeronautical and space activities; or 

13 (B) advancements in any field related to space. 

14 (10) STATE.—The term ‘‘State’’ means any State of the United 

15 States, the District of Columbia, the Commonwealth of Puerto Rico, 

16 the Virgin Islands, Guam, American Samoa, the Commonwealth of the 

17 Northern Mariana Islands, or any other territory or possession of the 

18 United States. 

19 § 40304. National space grant college and fellowship pro20 gram 

21 (a) ESTABLISHMENT.—The Administrator shall establish and maintain, 

22 within the Administration, a program to be known as the national space 

23 grant college and fellowship program. The national space grant college and 

24 fellowship program shall consist of the financial assistance and other activi25 ties provided for in this chapter. The Administrator shall establish long26 range planning guidelines and priorities, and adequately evaluate the pro27 gram. 

28 (b) FUNCTIONS.—Within the Administration, the program shall— 

29 (1) apply the long-range planning guidelines and the priorities estab30 lished by the Administrator under subsection (a); 

31 (2) advise the Administrator with respect to the expertise and capa32 bilities which are available through the national space grant college and 

33 fellowship program, and make such expertise available to the Adminis34 tration as directed by the Administrator; 

35 (3) evaluate activities conducted under grants and contracts awarded 

36 pursuant to sections 40305 and 40306 of this title to ensure that the 

37 purposes set forth in section 40302 of this title are implemented; 

38 (4) encourage other Federal departments, agencies, and instrumen39 talities to use and take advantage of the expertise and capabilities 

40 which are available through the national space grant college and fellow41 ship program, on a cooperative or other basis; 


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1 (5) encourage cooperation and coordination with other Federal pro2 grams concerned with the development of space resources and fields re3 lated to space; 

4 (6) advise the Administrator on the designation of recipients sup5 ported by the national space grant college and fellowship program and, 

6 in appropriate cases, on the termination or suspension of any such des7 ignation; and 

8 (7) encourage the formation and growth of space grant and fellow9 ship programs. 

10 (c) GENERAL AUTHORITIES.—To carry out the provisions of this chapter, 

11 the Administrator may— 

12 (1) accept conditional or unconditional gifts or donations of services, 

13 money, or property, real, personal or mixed, tangible or intangible; 

14 (2) accept and use funds from other Federal departments, agencies, 

15 and instrumentalities to pay for fellowships, grants, contracts, and 

16 other transactions; and 

17 (3) issue such rules and regulations as may be necessary and appro18 priate. 

19 § 40305. Grants or contracts 

20 (a) AUTHORITY OF ADMINISTRATOR.—The Administrator may make 

21 grants and enter into contracts or other transactions under this subsection 

22 to assist any space grant and fellowship program or project if the Adminis23 trator finds that the program or project will carry out the purposes set forth 

24 in section 40302 of this title. The total amount paid pursuant to a grant 

25 or contract may equal not more than 66 percent of the total cost of the 

26 space grant and fellowship program or project involved, except in the case 

27 of grants or contracts paid for with funds accepted by the Administrator 

28 pursuant to section 40304(c)(2) of this title. 

29 (b) SPECIAL GRANTS.—The Administrator may make special grants 

30 under this subsection to carry out the purposes set forth in section 40302 

31 of this title. The amount of a special grant may equal up to 100 percent 

32 of the total cost of the project involved. A special grant may be made under 

33 this subsection only if the Administrator finds that— 

34 (1) no reasonable means is available through which the applicant can 

35 meet the matching requirement for a grant under subsection (a); 

36 (2) the probable benefit of the project outweighs the public interest 

37 in the matching requirement; and 

38 (3) the same or equivalent benefit cannot be obtained through the 

39 award of a contract or grant under subsection (a) or section 40306 of 

40 this title. 


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1 (c) APPLICATION.—Any person may apply to the Administrator for a 

2 grant or contract under this section. Application shall be made in such form 

3 and manner, and with such content and other submissions, as the Adminis4 trator shall by regulation prescribe. 

5 (d) TERMS AND CONDITIONS.— 

6 (1) IN GENERAL.—Any grant made, or contract entered into, under 

7 this section shall be subject to the limitations and provisions set forth 

8 in paragraphs (2) and (3) and to such other terms, conditions, and re9 quirements as the Administrator considers necessary or appropriate. 

10 (2) LIMITATIONS.—No payment under any grant or contract under 

11 this section may be applied to— 

12 (A) the purchase of any land; 

13 (B) the purchase, construction, preservation, or repair of any 

14 building; or 

15 (C) the purchase or construction of any launch facility or launch 

16 vehicle. 

17 (3) LEASES.—Notwithstanding paragraph (2), the items in subpara18 graphs (A), (B), and (C) of such paragraph may be leased upon writ19 ten approval of the Administrator. 

20 (4) RECORDS.—Any person that receives or utilizes any proceeds of 

21 any grant or contract under this section shall keep such records as the 

22 Administrator shall by regulation prescribe as being necessary and ap23 propriate to facilitate effective audit and evaluation, including records 

24 which fully disclose the amount and disposition by such recipient of 

25 such proceeds, the total cost of the program or project in connection 

26 with which such proceeds were used, and the amount, if any, of such 

27 cost which was provided through other sources. Such records shall be 

28 maintained for 3 years after the completion of such a program or 

29 project. The Administrator and the Comptroller General of the United 

30 States, or any of their duly authorized representatives, shall have ac31 cess, for the purpose of audit and evaluation, to any books, documents, 

32 papers, and records of receipts which, in the opinion of the Adminis33 trator or the Comptroller General, may be related or pertinent to such 

34 grants and contracts. 

35 § 40306. Specific national needs 

36 (a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND CON37 TRACTING AUTHORITY.—The Administrator shall identify specific national 

38 needs and problems relating to space. The Administrator may make grants 

39 or enter into contracts under this section with respect to such needs or 

40 problems. The amount of any such grant or contract may equal up to 100 

41 percent of the total cost of the project involved. 


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1 (b) APPLICATIONS FOR GRANTS OR CONTRACTS.—Any person may apply 

2 to the Administrator for a grant or contract under this section. In addition, 

3 the Administrator may invite applications with respect to specific national 

4 needs or problems identified under subsection (a). Application shall be made 

5 in such form and manner, and with such content and other submissions, 

6 as the Administrator shall by regulation prescribe. Any grant made, or con7 tract entered into, under this section shall be subject to the limitations and 

8 provisions set forth in paragraphs (2) and (4) of section 40305(d) of this 

9 title and to such other terms, conditions, and requirements as the Adminis10 trator considers necessary or appropriate. 

11 § 40307. Space grant college and space grant regional con12 sortium 

13 (a) DESIGNATION AND QUALIFICATIONS.— 

14 (1) AUTHORITY TO DESIGNATE.—The Administrator may des15 ignate— 

16 (A) any institution of higher education as a space grant college; 

17 and 

18 (B) any association or other alliance of 2 or more persons, other 

19 than individuals, as a space grant regional consortium. 

20 (2) SPACE GRANT COLLEGE REQUIREMENTS.—No institution of 

21 higher education may be designated as a space grant college unless the 

22 Administrator finds that such institution— 

23 (A) is maintaining a balanced program of research, education, 

24 training, and advisory services in fields related to space; 

25 (B) will act in accordance with such guidelines as are prescribed 

26 under subsection (b)(2); and 

27 (C) meets such other qualifications as the Administrator con28 siders necessary or appropriate. 

29 (3) SPACE GRANT REGIONAL CONSORTIUM REQUIREMENTS.—No as30 sociation or other alliance of 2 or more persons may be designated as 

31 a space grant regional consortium unless the Administrator finds that 

32 such association or alliance— 

33 (A) is established for the purpose of sharing expertise, research, 

34 educational facilities or training facilities, and other capabilities in 

35 order to facilitate research, education, training, and advisory serv36 ices in any field related to space; 

37 (B) will encourage and follow a regional approach to solving 

38 problems or meeting needs relating to space, in cooperation with 

39 appropriate space grant colleges, space grant programs, and other 

40 persons in the region; 


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1 (C) will act in accordance with such guidelines as are prescribed 

2 under subsection (b)(2); and 

3 (D) meets such other qualifications as the Administrator con4 siders necessary or appropriate. 

5 (b) QUALIFICATIONS AND GUIDELINES.—The Administrator shall by reg6 ulation prescribe— 

7 (1) the qualifications required to be met under paragraphs (2)(C) 

8 and (3)(D) of subsection (a); and 

9 (2) guidelines relating to the activities and responsibilities of space 

10 grant colleges and space grant regional consortia. 

11 (c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Administrator 

12 may, for cause and after an opportunity for hearing, suspend or terminate 

13 any designation under subsection (a). 

14 § 40308. Space grant fellowship program 

15 (a) AWARD OF FELLOWSHIPS.—The Administrator shall support a space 

16 grant fellowship program to provide educational and training assistance to 

17 qualified individuals at the graduate level of education in fields related to 

18 space. Such fellowships shall be awarded pursuant to guidelines established 

19 by the Administrator. Space grant fellowships shall be awarded to individ20 uals at space grant colleges, space grant regional consortia, other colleges 

21 and institutions of higher education, professional associations, and institutes 

22 in such a manner as to ensure wide geographic and institutional diversity 

23 in the pursuit of research under the fellowship program. 

24 (b) LIMITATION ON AMOUNT PROVIDED.—The total amount which may 

25 be provided for grants under the space grant fellowship program during any 

26 fiscal year shall not exceed an amount equal to 50 percent of the total funds 

27 appropriated for such year pursuant to this chapter. 

28 (c) AUTHORITY TO SPONSOR OTHER RESEARCH FELLOWSHIP PROGRAMS

29 UNAFFECTED.—Nothing in this section shall be construed to prohibit the 

30 Administrator from sponsoring any research fellowship program, including 

31 any special emphasis program, which is established under an authority other 

32 than this chapter. 

33 § 40309. Space grant review panel 

34 (a) ESTABLISHMENT.—The Administrator shall establish an independent 

35 committee known as the space grant review panel, which shall not be subject 

36 to the provisions of the Federal Advisory Committee Act (5 App. U.S.C.). 

37 (b) DUTIES.—The panel shall take such steps as may be necessary to re38 view, and shall advise the Administrator with respect to— 

39 (1) applications or proposals for, and performance under, grants and 

40 contracts awarded pursuant to sections 40305 and 40306 of this title; 

41 (2) the space grant fellowship program; 


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1 (3) the designation and operation of space grant colleges and space 

2 grant regional consortia, and the operation of space grant and fellow3 ship programs; 

4 (4) the formulation and application of the planning guidelines and 

5 priorities pursuant to subsections (a) and (b)(1) of section 40304 of 

6 this title; and 

7 (5) such other matters as the Administrator refers to the panel for 

8 review and advice. 

9 (c) PERSONNEL AND ADMINISTRATIVE SERVICES.—The Administrator 

10 shall make available to the panel any information, personnel, and adminis11 trative services and assistance which is reasonable to carry out the duties 

12 of the panel. 

13 (d) MEMBERS.— 

14 (1) APPOINTMENT.—The Administrator shall appoint the voting 

15 members of the panel. A majority of the voting members shall be indi16 viduals who, by reason of knowledge, experience, or training, are espe17 cially qualified in one or more of the disciplines and fields related to 

18 space. The other voting members shall be individuals who, by reason 

19 of knowledge, experience, or training, are especially qualified in, or rep20 resentative of, education, extension services, State government, indus21 try, economics, planning, or any other activity related to efforts to en22 hance the understanding, assessment, development, or utilization of 

23 space resources. The Administrator shall consider the potential conflict 

24 of interest of any individual in making appointments to the panel. 

25 (2) CHAIRMAN AND VICE CHAIRMAN.—The Administrator shall select 

26 one voting member to serve as the Chairman and another voting mem27 ber to serve as the Vice Chairman. The Vice Chairman shall act as 

28 Chairman in the absence or incapacity of the Chairman. 

29 (3) REIMBURSEMENT FOR EXPENSES.—Voting members of the panel 

30 who are not Federal employees shall be reimbursed for actual and rea31 sonable expenses incurred in the performance of such duties. 

32 (4) MEETINGS.—The panel shall meet on a biannual basis and, at 

33 any other time, at the call of the Chairman or upon the request of a 

34 majority of the voting members or of the Administrator. 

35 (5) POWERS.—The panel may exercise such powers as are reasonably 

36 necessary in order to carry out the duties enumerated in subsection (b). 

37 § 40310. Availability of other Federal personnel and data 

38 Each department, agency, or other instrumentality of the Federal Govern39 ment that is engaged in or concerned with, or that has authority over, mat40 ters relating to space— 


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1 (1) may, upon a written request from the Administrator, make avail2 able, on a reimbursable basis or otherwise, any personnel (with their 

3 consent and without prejudice to their position and rating), service, or 

4 facility which the Administrator considers necessary to carry out any 

5 provision of this chapter; 

6 (2) may, upon a written request from the Administrator, furnish any 

7 available data or other information which the Administrator considers 

8 necessary to carry out any provision of this chapter; and 

9 (3) may cooperate with the Administration. 

10 § 40311. Designation or award to be on competitive basis 

11 The Administrator shall not under this chapter designate any space grant 

12 college or space grant regional consortium or award any fellowship, grant, 

13 or contract unless such designation or award is made in accordance with 

14 the competitive, merit-based review process employed by the Administration 

15 on October 30, 1987. 

16 CHAPTER 405—BIOMEDICAL RESEARCH IN SPACE 

Sec. 

40501. Findings. 

40502. Biomedical research joint working group. 

40503. Biomedical research grants. 

40504. Biomedical research fellowships. 

40505. Establishment of electronic data archive. 

40506. Establishment of emergency medical service telemedicine capability. 

17 § 40501. Findings 

18 Congress finds that— 

19 (1) the space program can make significant contributions to selected 

20 areas of health-related research and should be an integral part of the 

21 Nation’s health research and development program; 

22 (2) the continuing development of trained scientists and engineers is 

23 essential to carrying out an effective and sustained program of bio24 medical research in space and on the ground; 

25 (3) the establishment and maintenance of an electronically accessible 

26 archive of data on space-related biomedical research is essential to ad27 vancement of the field; 

28 (4) cooperation with the republics of the former Soviet Union, in29 cluding use of former Soviet orbital facilities, offers the potential for 

30 greatly enhanced biomedical research activities and progress; and 

31 (5) the establishment and maintenance of an international telemedi32 cine consultation satellite capability to support emergency medical serv33 ice provision can provide an important aid to disaster relief efforts. 

34 § 40502. Biomedical research joint working group 

35 (a) ESTABLISHMENT.—The Administrator and the Director of the Na36 tional Institutes of Health shall jointly establish a working group to coordi37 nate biomedical research activities in areas where a microgravity environVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 ment may contribute to significant progress in the understanding and treat2 ment of diseases and other medical conditions. The joint working group 

3 shall formulate joint and complementary programs in such areas of re4 search. 

5 (b) MEMBERSHIP.—The joint working group shall include equal represen6 tation from the Administration and the National Institutes of Health, and 

7 shall include representation from National Institutes of Health councils, as 

8 selected by the Director of the National Institutes of Health, and from the 

9 National Aeronautics and Space Administration Advisory Council. 

10 (c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—The joint working 

11 group shall organize annual symposia on biomedical research described in 

12 subsection (a) under the joint sponsorship of the Administration and the 

13 National Institutes of Health. 

14 (d) ANNUAL REPORTING REQUIREMENT.—The joint working group shall 

15 report annually to Congress on its progress in carrying out this section. 

16 § 40503. Biomedical research grants 

17 (a) ESTABLISHMENT OF PROGRAM.—The Administrator and the Director 

18 of the National Institutes of Health shall establish a joint program of bio19 medical research grants in areas described in section 40502(a) of this title, 

20 where such research requires access to a microgravity environment. Such 

21 program shall be consistent with actions taken by the joint working group 

22 under section 40502 of this title. 

23 (b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—The grants program 

24 established under subsection (a) shall annually issue joint research oppor25 tunity announcements under the sponsorship of the National Institutes of 

26 Health and the Administration. Responses to the announcements shall be 

27 evaluated by a peer review committee whose members shall be selected by 

28 the Director of the National Institutes of Health and the Administrator, 

29 and shall include individuals not employed by the Administration or the Na30 tional Institutes of Health. 

31 § 40504. Biomedical research fellowships 

32 The Administrator and the Director of the National Institutes of Health 

33 shall create a joint program of graduate research fellowships in biomedical 

34 research described in section 40502(a) of this title. Fellowships under such 

35 program may provide for participation in approved research conferences and 

36 symposia. 

37 § 40505. Establishment of electronic data archive 

38 The Administrator shall create and maintain a national electronic data 

39 archive for biomedical research data obtained from space-based experiments. 


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1 § 40506. Establishment of emergency medical service tele2 medicine capability 

3 The Administrator, the Administrator of the Federal Emergency Manage4 ment Agency, the Director of the Office of Foreign Disaster Assistance, and 

5 the Surgeon General of the United States shall jointly create and maintain 

6 an international telemedicine satellite consultation capability to support 

7 emergency medical services in disaster-stricken areas. 

8 CHAPTER 407—MISCELLANEOUS 

Sec. 

40701. Science, Space, and Technology Education Trust Fund. 

40702. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust 

Fund. 

40703. Experimental Program to Stimulate Competitive Research—merit grant competition 

requirements. 

40704. Microgravity research. 

40705. Program to expand distance learning in rural underserved areas. 

40706. Equal access to the Administration’s education programs. 

40707. Museums. 

40708. Continuation of certain education programs. 

40709. Compliance with title IX of Education Amendments of 1972. 

9 § 40701. Science, Space, and Technology Education Trust 

10 Fund 

11 There is appropriated, by transfer from funds appropriated in the De12 partment of Housing and Urban Development—Independent Agencies Ap13 propriations Act, 1989 (Public Law 100–404, 102 Stat. 1014), for ‘‘Con14 struction of facilities’’, the sum of $15,000,000 to the ‘‘Science, Space, and 

15 Technology Education Trust Fund’’, which is hereby established in the 

16 Treasury of the United States. The Secretary of the Treasury shall invest 

17 these funds in the United States Treasury special issue securities, and inter18 est shall be credited to the Trust Fund on a quarterly basis. Such interest 

19 shall be available for the purpose of making grants for programs directed 

20 at improving science, space, and technology education in the United States. 

21 The Administrator, after consultation with the Director of the National 

22 Science Foundation, shall review applications made for such grants and de23 termine the distribution of available funds on a competitive basis. Grants 

24 shall be made available to any awardee only to the extent that the awardee 

25 provides matching funds from non-Federal sources to carry out the program 

26 for which grants from this Trust Fund are made. Of the funds made avail27 able by this Trust Fund, $250,000 shall be disbursed each calendar quarter 

28 to the Challenger Center for Space Science Education. The Administrator 

29 shall submit to Congress an annual report on the grants made pursuant to 

30 this section. 


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1 § 40702. National Aeronautics and Space Administration En2 deavor Teacher Fellowship Trust Fund 

3 (a) ESTABLISHMENT.—There is established in the Treasury of the United 

4 States, in tribute to the dedicated crew of the Space Shuttle Challenger, a 

5 trust fund to be known as the National Aeronautics and Space Administra6 tion Endeavor Teacher Fellowship Trust Fund (hereafter in this section re7 ferred to as the ‘‘Trust Fund’’). The Trust Fund shall consist of amounts 

8 which may from time to time, at the discretion of the Administrator, be 

9 transferred from the National Aeronautics and Space Administration Gifts 

10 and Donations Trust Fund. 

11 (b) INVESTMENT OF TRUST FUND.—The Administrator shall direct the 

12 Secretary of the Treasury to invest and reinvest funds in the Trust Fund 

13 in public debt securities with maturities suitable for the needs of the Trust 

14 Fund, and bearing interest at rates determined by the Secretary of the 

15 Treasury, taking into consideration the current average market yield on out16 standing marketable obligations of the United States of comparable matu17 rities. Interest earned shall be credited to the Trust Fund. 

18 (c) PURPOSE.—Income accruing from the Trust Fund principal shall be 

19 used to create the National Aeronautics and Space Administration Endeavor 

20 Teacher Fellowship Program, to the extent provided in advance in appro21 priation Acts. The Administrator is authorized to use such funds to award 

22 fellowships to selected United States nationals who are undergraduate stu23 dents pursuing a course of study leading to certified teaching degrees in ele24 mentary education or in secondary education in mathematics, science, or 

25 technology disciplines. Awards shall be made pursuant to standards estab26 lished for the fellowship program by the Administrator. 

27 § 40703. Experimental Program to Stimulate Competitive 

28 Research—merit grant competition requirements 

29 (a) DEFINITION OF ELIGIBLE STATE.—In this section, the term ‘‘eligible 

30 State’’ means a State designated by the Administrator as eligible to compete 

31 in the National Science Foundation’s Experimental Program to Stimulate 

32 Competitive Research. 

33 (b) COMPETITION.—Making use of the existing infrastructure established 

34 in eligible States by the National Science Foundation, the Administrator 

35 shall conduct a merit grant competition among the eligible States in areas 

36 of research important to the mission of the Administration. With respect to 

37 a grant application by an eligible State, the Administrator shall consider— 

38 (1) the application’s merit and relevance to the mission of the Ad39 ministration; 


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1 (2) the potential for the grant to serve as a catalyst to enhance the 

2 ability of researchers in the State to become more competitive for reg3 ular Administration funding; 

4 (3) the potential for the grant to improve the environment for 

5 science, mathematics, and engineering education in the State; and 

6 (4) the need to ensure the maximum distribution of grants among 

7 eligible States, consistent with merit. 

8 (c) SUPPLEMENTAL GRANTS.—The Administrator shall endeavor, where 

9 appropriate, to supplement grants made under subsection (b) with such 

10 grants for fellowships, traineeships, equipment, or instrumentation as are 

11 available. 

12 § 40704. Microgravity research 

13 The Administrator shall— 

14 (1) transmit the report required by section 70505 of this title; 

15 (2) ensure the capacity to support ground-based research leading to 

16 space-based basic and applied scientific research in a variety of dis17 ciplines with potential direct national benefits and applications that can 

18 be advanced significantly from the uniqueness of microgravity and the 

19 space environment; and 

20 (3) carry out, to the maximum extent practicable, basic, applied, and 

21 commercial International Space Station research in fields such as mo22 lecular crystal growth, animal research, basic fluid physics, combustion 

23 research, cellular biotechnology, low-temperature physics, and cellular 

24 research at a level that will sustain the existing United States scientific 

25 expertise and research capability in microgravity research. 

26 § 40705. Program to expand distance learning in rural un27 derserved areas 

28 (a) IN GENERAL.—The Administrator shall develop or expand programs 

29 to extend science and space educational outreach to rural communities and 

30 schools through video conferencing, interpretive exhibits, teacher education, 

31 classroom presentations, and student field trips. 

32 (b) PRIORITIES.—In carrying out subsection (a), the Administrator shall 

33 give priority to existing programs, including Challenger Learning Centers— 

34 (1) that utilize community-based partnerships in the field; 

35 (2) that build and maintain video conference and exhibit capacity; 

36 (3) that travel directly to rural communities and serve low-income 

37 populations; and 

38 (4) with a special emphasis on increasing the number of women and 

39 minorities in the science and engineering professions. 


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1 § 40706. Equal access to the Administration’s education pro2 grams 

3 (a) IN GENERAL.—The Administrator shall strive to ensure equal access 

4 for minority and economically disadvantaged students to the Administra5 tion’s education programs. 

6 (b) REPORT.—Not later than 1 year after December 30, 2005, and every 

7 2 years thereafter, the Administrator shall submit a report to the Com8 mittee on Science and Technology of the House of Representatives and the 

9 Committee on Commerce, Science, and Transportation of the Senate de10 scribing the efforts by the Administrator to ensure equal access for minority 

11 and economically disadvantaged students under this section and the results 

12 of such efforts. As part of the report, the Administrator shall provide— 

13 (1) data on minority participation in the Administration’s education 

14 programs, at a minimum in the categories of— 

15 (A) elementary and secondary education; 

16 (B) undergraduate education; and 

17 (C) graduate education; and 

18 (2) the total value of grants the Administration made to Historically 

19 Black Colleges and Universities and to Hispanic Serving Institutions 

20 through education programs during the period covered by the report. 

21 (c) PROGRAM.—The Administrator shall establish the Dr. Mae C. 

22 Jemison Grant Program to work with Minority Serving Institutions to bring 

23 more women of color into the field of space and aeronautics. 

24 § 40707. Museums 

25 The Administrator may provide grants to, and enter into cooperative 

26 agreements with, museums and planetariums to enable them to enhance 

27 programs related to space exploration, aeronautics, space science, Earth 

28 science, or microgravity. 

29 § 40708. Continuation of certain education programs 

30 From amounts appropriated to the Administration for education pro31 grams, the Administrator shall ensure the continuation of the Space Grant 

32 Program, the Experimental Program to Stimulate Competitive Research, 

33 and, consistent with the results of the review under section 614 of the Na34 tional Aeronautics and Space Administration Authorization Act of 2005 

35 (Public Law 109–155, 119 Stat. 2933), the Administration Explorer School 

36 program, to motivate and develop the next generation of explorers. 

37 § 40709. Compliance with title IX of Education Amendments 

38 of 1972 

39 To comply with title IX of the Education Amendments of 1972 (20 

40 U.S.C. 1681 et seq.), the Administrator shall conduct compliance reviews 

41 of at least 2 grantees annually. 


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1 Subtitle V—Programs Targeting Commercial 

2 Opportunities 

Chapter Sec. 

501. Space Commerce ....................................................................................... 50101 

503. Commercial Reusable In-Space Transportation ........................... 50301 

505. Commercial Space Competitiveness .................................................. 50501 

3 CHAPTER 501—SPACE COMMERCE 

SUBCHAPTER I—GENERAL 

Sec. 

50101. Definitions. 

SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES 

50111. Commercialization of Space Station. 

50112. Promotion of United States Global Positioning System standards. 

50113. Acquisition of space science data. 

50114. Administration of commercial space centers. 

50115. Sources of Earth science data. 

50116. Commercial technology transfer program. 

SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION 

SERVICES 

50131. Requirement to procure commercial space transportation services. 

50132. Acquisition of commercial space transportation services. 

50133. Shuttle privatization. 

50134. Use of excess intercontinental ballistic missiles. 

50135. National launch capability study. 

4 SUBCHAPTER I—GENERAL 

5 § 50101. Definitions 

6 In this chapter: 

7 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

8 means any person providing space transportation services or other 

9 space-related activities, primary control of which is held by persons 

10 other than Federal, State, local, and foreign governments. 

11 (2) PAYLOAD.—The term ‘‘payload’’ means anything that a person 

12 undertakes to transport to, from, or within outer space, or in suborbital 

13 trajectory, by means of a space transportation vehicle, but does not in14 clude the space transportation vehicle itself except for its components 

15 which are specifically designed or adapted for that payload. 

16 (3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related activi17 ties’’ includes research and development, manufacturing, processing, 

18 service, and other associated and support activities. 

19 (4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space transpor20 tation services’’ means the preparation of a space transportation vehicle 

21 and its payloads for transportation to, from, or within outer space, or 

22 in suborbital trajectory, and the conduct of transporting a payload to, 

23 from, or within outer space, or in suborbital trajectory. 

24 (5) SPACE TRANSPORTATION VEHICLE.—The term ‘‘space transpor25 tation vehicle’’ means any vehicle constructed for the purpose of oper26 ating in, or transporting a payload to, from, or within, outer space, or 


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1 in suborbital trajectory, and includes any component of such vehicle not 

2 specifically designed or adapted for a payload. 

3 (6) STATE.—The term ‘‘State’’ means each of the several States of 

4 the Union, the District of Columbia, the Commonwealth of Puerto 

5 Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 

6 of the Northern Mariana Islands, and any other commonwealth, terri7 tory, or possession of the United States. 

8 (7) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 

9 States commercial provider’’ means a commercial provider, organized 

10 under the laws of the United States or of a State, that is— 

11 (A) more than 50 percent owned by United States nationals; or 

12 (B) a subsidiary of a foreign company and the Secretary of 

13 Transportation finds that— 

14 (i) such subsidiary has in the past evidenced a substantial 

15 commitment to the United States market through— 

16 (I) investments in the United States in long-term re17 search, development, and manufacturing (including the 

18 manufacture of major components and subassemblies); 

19 and 

20 (II) significant contributions to employment in the 

21 United States; and 

22 (ii) the country or countries in which such foreign company 

23 is incorporated or organized, and, if appropriate, in which it 

24 principally conducts its business, affords reciprocal treatment 

25 to companies described in subparagraph (A) comparable to 

26 that afforded to such foreign company’s subsidiary in the 

27 United States, as evidenced by— 

28 (I) providing comparable opportunities for companies 

29 described in subparagraph (A) to participate in Govern30 ment-sponsored research and development similar to that 

31 authorized under this chapter; 

32 (II) providing no barriers, to companies described in 

33 subparagraph (A) with respect to local investment oppor34 tunities, that are not provided to foreign companies in 

35 the United States; and 

36 (III) providing adequate and effective protection for 

37 the intellectual property rights of companies described in 

38 subparagraph (A). 


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1 SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 

2 OPPORTUNITIES 

3 § 50111. Commercialization of Space Station 

4 Congress declares that a priority goal of constructing the International 

5 Space Station is the economic development of Earth orbital space. Congress 

6 further declares that free and competitive markets create the most efficient 

7 conditions for promoting economic development, and should therefore govern 

8 the economic development of Earth orbital space. Congress further declares 

9 that the use of free market principles in operating, servicing, allocating the 

10 use of, and adding capabilities to the Space Station, and the resulting full11 est possible engagement of commercial providers and participation of com12 mercial users, will reduce Space Station operational costs for all partners 

13 and the Federal Government’s share of the United States burden to fund 

14 operations. 

15 § 50112. Promotion of United States Global Positioning Sys16 tem standards 

17 (a) FINDING.—Congress finds that the Global Positioning System, includ18 ing satellites, signal equipment, ground stations, data links, and associated 

19 command and control facilities, has become an essential element in civil, sci20 entific, and military space development because of the emergence of a 

21 United States commercial industry which provides Global Positioning Sys22 tem equipment and related services. 

23 (b) INTERNATIONAL COOPERATION.—In order to support and sustain the 

24 Global Positioning System in a manner that will most effectively contribute 

25 to the national security, public safety, scientific, and economic interests of 

26 the United States, Congress encourages the President to— 

27 (1) ensure the operation of the Global Positioning System on a con28 tinuous worldwide basis free of direct user fees; 

29 (2) enter into international agreements that promote cooperation 

30 with foreign governments and international organizations to— 

31 (A) establish the Global Positioning System and its augmenta32 tions as an acceptable international standard; and 

33 (B) eliminate any foreign barriers to applications of the Global 

34 Positioning System worldwide; and 

35 (3) provide clear direction and adequate resources to the Assistant 

36 Secretary of Commerce for Communications and Information so that 

37 on an international basis the Assistant Secretary can— 

38 (A) achieve and sustain efficient management of the electro39 magnetic spectrum used by the Global Positioning System; and 

40 (B) protect that spectrum from disruption and interference. 


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1 § 50113. Acquisition of space science data 

2 (a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the term 

3 ‘‘space science data’’ includes scientific data concerning— 

4 (1) the elemental and mineralogical resources of the moon, asteroids, 

5 planets and their moons, and comets; 

6 (2) microgravity acceleration; and 

7 (3) solar storm monitoring. 

8 (b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Administrator 

9 shall, to the extent possible and while satisfying the scientific or educational 

10 requirements of the Administration, and where appropriate, of other Federal 

11 agencies and scientific researchers, acquire, where cost effective, space 

12 science data from a commercial provider. 

13 (c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM UNDER

14 ACQUISITION LAWS.—Acquisitions of space science data by the Adminis15 trator shall be carried out in accordance with applicable acquisition laws 

16 and regulations (including chapters 137 and 140 of title 10). For purposes 

17 of such law and regulations, space science data shall be considered to be 

18 a commercial item. Nothing in this subsection shall be construed to preclude 

19 the United States from acquiring, through contracts with commercial pro20 viders, sufficient rights in data to meet the needs of the scientific and edu21 cational community or the needs of other government activities. 

22 (d) SAFETY STANDARDS.—Nothing in this section shall be construed to 

23 prohibit the Federal Government from requiring compliance with applicable 

24 safety standards. 

25 (e) LIMITATION.—This section does not authorize the Administration to 

26 provide financial assistance for the development of commercial systems for 

27 the collection of space science data. 

28 § 50114. Administration of commercial space centers 

29 The Administrator shall administer the Commercial Space Center pro30 gram in a coordinated manner from Administration headquarters in Wash31 ington, D.C. 

32 § 50115. Sources of Earth science data 

33 (a) ACQUISITION.—The Administrator shall, to the extent possible and 

34 while satisfying the scientific or educational requirements of the Administra35 tion, and where appropriate, of other Federal agencies and scientific re36 searchers, acquire, where cost-effective, space-based and airborne Earth re37 mote sensing data, services, distribution, and applications from a commer38 cial provider. 

39 (b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Ac40 quisitions by the Administrator of the data, services, distribution, and appli41 cations referred to in subsection (a) shall be carried out in accordance with 


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1 applicable acquisition laws and regulations (including chapters 137 and 140 

2 of title 10). For purposes of such law and regulations, such data, services, 

3 distribution, and applications shall be considered to be a commercial item. 

4 Nothing in this subsection shall be construed to preclude the United States 

5 from acquiring, through contracts with commercial providers, sufficient 

6 rights in data to meet the needs of the scientific and educational community 

7 or the needs of other government activities. 

8 (c) SAFETY STANDARDS.—Nothing in this section shall be construed to 

9 prohibit the Federal Government from requiring compliance with applicable 

10 safety standards. 

11 (d) ADMINISTRATION AND EXECUTION.—This section shall be carried out 

12 as part of the Commercial Remote Sensing Program at the Stennis Space 

13 Center. 

14 § 50116. Commercial technology transfer program 

15 (a) IN GENERAL.—The Administrator shall execute a commercial tech16 nology transfer program with the goal of facilitating the exchange of serv17 ices, products, and intellectual property between the Administration and the 

18 private sector. This program shall place at least as much emphasis on en19 couraging the transfer of Administration technology to the private sector 

20 (‘‘spinning out’’) as on encouraging use of private sector technology by the 

21 Administration. This program shall be maintained in a manner that pro22 vides clear benefits for the Administration, the domestic economy, and the 

23 research community. 

24 (b) PROGRAM STRUCTURE.—In carrying out the program described in 

25 subsection (a), the Administrator shall provide program participants with at 

26 least 45 days notice of any proposed changes to the structure of the Admin27 istration’s technology transfer and commercialization organizations that is 

28 in effect as of December 30, 2005. 

29 SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE 

30 TRANSPORTATION SERVICES 

31 § 50131. Requirement to procure commercial space trans32 portation services 

33 (a) IN GENERAL.—Except as otherwise provided in this section, the Fed34 eral Government shall acquire space transportation services from United 

35 States commercial providers whenever such services are required in the 

36 course of its activities. To the maximum extent practicable, the Federal 

37 Government shall plan missions to accommodate the space transportation 

38 services capabilities of United States commercial providers. 

39 (b) EXCEPTIONS.—The Federal Government shall not be required to ac40 quire space transportation services under subsection (a) if, on a case-by-case 


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1 basis, the Administrator or, in the case of a national security issue, the Sec2 retary of the Air Force, determines that— 

3 (1) a payload requires the unique capabilities of the space shuttle; 

4 (2) cost effective space transportation services that meet specific 

5 mission requirements would not be reasonably available from United 

6 States commercial providers when required; 

7 (3) the use of space transportation services from United States com8 mercial providers poses an unacceptable risk of loss of a unique sci9 entific opportunity; 

10 (4) the use of space transportation services from United States com11 mercial providers is inconsistent with national security objectives; 

12 (5) the use of space transportation services from United States com13 mercial providers is inconsistent with international agreements for 

14 international collaborative efforts relating to science and technology; 

15 (6) it is more cost effective to transport a payload in conjunction 

16 with a test or demonstration of a space transportation vehicle owned 

17 by the Federal Government; or 

18 (7) a payload can make use of the available cargo space on a space 

19 shuttle mission as a secondary payload, and such payload is consistent 

20 with the requirements of research, development, demonstration, sci21 entific, commercial, and educational programs authorized by the Ad22 ministrator. 

23 (c) AGREEMENTS WITH FOREIGN ENTITIES.—Nothing in this section 

24 shall prevent the Administrator from planning or negotiating agreements 

25 with foreign entities for the launch of Federal Government payloads for 

26 international collaborative efforts relating to science and technology. 

27 (d) DELAYED EFFECT.—Subsection (a) shall not apply to space transpor28 tation services and space transportation vehicles acquired or owned by the 

29 Federal Government before October 28, 1998, or with respect to which a 

30 contract for such acquisition or ownership has been entered into before Oc31 tober 28, 1998. 

32 (e) HISTORICAL PURPOSES.—This section shall not be construed to pro33 hibit the Federal Government from acquiring, owning, or maintaining space 

34 transportation vehicles solely for historical display purposes. 

35 § 50132. Acquisition of commercial space transportation 

36 services 

37 (a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES AS

38 COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions of space 

39 transportation services by the Federal Government shall be carried out in 

40 accordance with applicable acquisition laws and regulations (including chapVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 ters 137 and 140 of title 10). For purposes of such law and regulations, 

2 space transportation services shall be considered to be a commercial item. 

3 (b) SAFETY STANDARDS.—Nothing in this section shall be construed to 

4 prohibit the Federal Government from requiring compliance with applicable 

5 safety standards. 

6 § 50133. Shuttle privatization 

7 The Administrator shall prepare for an orderly transition from the Fed8 eral operation, or Federal management of contracted operation, of space 

9 transportation systems to the Federal purchase of commercial space trans10 portation services for all nonemergency space transportation requirements 

11 for transportation to and from Earth orbit, including human, cargo, and 

12 mixed payloads. In those preparations, the Administrator shall take into ac13 count the need for short-term economies, as well as the goal of restoring 

14 the Administration’s research focus and its mandate to promote the fullest 

15 possible commercial use of space. As part of those preparations, the Admin16 istrator shall plan for the potential privatization of the space shuttle pro17 gram. Such plan shall keep safety and cost effectiveness as high priorities. 

18 Nothing in this section shall prohibit the Administration from studying, de19 signing, developing, or funding upgrades or modifications essential to the 

20 safe and economical operation of the space shuttle fleet. 

21 § 50134. Use of excess intercontinental ballistic missiles 

22 (a) IN GENERAL.—The Federal Government shall not— 

23 (1) convert any missile described in subsection (c) to a space trans24 portation vehicle configuration; or 

25 (2) transfer ownership of any such missile to another person, except 

26 as provided in subsection (b). 

27 (b) AUTHORIZED FEDERAL USES.— 

28 (1) IN GENERAL.—A missile described in subsection (c) may be con29 verted for use as a space transportation vehicle by the Federal Govern30 ment if, except as provided in paragraph (2) and at least 30 days be31 fore such conversion, the agency seeking to use the missile as a space 

32 transportation vehicle transmits to the Committee on Armed Services 

33 and the Committee on Science and Technology of the House of Rep34 resentatives, and to the Committee on Armed Services and the Com35 mittee on Commerce, Science, and Transportation of the Senate, a cer36 tification that the use of such missile— 

37 (A) would result in cost savings to the Federal Government 

38 when compared to the cost of acquiring space transportation serv39 ices from United States commercial providers; 

40 (B) meets all mission requirements of the agency, including per41 formance, schedule, and risk requirements; 


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1 (C) is consistent with international obligations of the United 

2 States; and 

3 (D) is approved by the Secretary of Defense or the designee of 

4 the Secretary of Defense. 

5 (2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE TRANS6 MITTED 30 DAYS BEFORE CONVERSION.—The requirement under para7 graph (1) that the certification described in that paragraph must be 

8 transmitted at least 30 days before conversion of the missile shall not 

9 apply if the Secretary of Defense determines that compliance with that 

10 requirement would be inconsistent with meeting immediate national se11 curity requirements. 

12 (c) MISSILES REFERRED TO.—The missiles referred to in this section are 

13 missiles owned by the United States that— 

14 (1) were formerly used by the Department of Defense for national 

15 defense purposes as intercontinental ballistic missiles; and 

16 (2) have been declared excess to United States national defense 

17 needs and are in compliance with international obligations of the 

18 United States. 

19 § 50135. National launch capability study 

20 (a) FINDINGS.—Congress finds that a robust satellite and launch indus21 try in the United States serves the interest of the United States by— 

22 (1) contributing to the economy of the United States; 

23 (2) strengthening employment, technological, and scientific interests 

24 of the United States; and 

25 (3) serving the foreign policy and national security interests of the 

26 United States. 

27 (b) DEFINITIONS.—In this section: 

28 (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De29 fense. 

30 (2) TOTAL POTENTIAL NATIONAL MISSION MODEL.—The term ‘‘total 

31 potential national mission model’’ means a model that— 

32 (A) is determined by the Secretary, in consultation with the Ad33 ministrator, to assess the total potential space missions to be con34 ducted in the United States during a specified period of time; and 

35 (B) includes all launches in the United States (including 

36 launches conducted on or off a Federal range). 

37 (c) REPORT.— 

38 (1) IN GENERAL.—Not later than 180 days after October 28, 1998, 

39 the Secretary shall, in consultation with the Administrator and appro40 priate representatives of the satellite and launch industry and the gov41 ernments of States and political subdivisions thereof— 


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1 (A) prepare a report that meets the requirements of this sub2 section; and 

3 (B) submit that report to the Committee on Commerce, Science, 

4 and Transportation of the Senate and the Committee on Science 

5 and Technology of the House of Representatives. 

6 (2) REQUIREMENTS FOR REPORT.—The report prepared under this 

7 subsection shall— 

8 (A) identify the total potential national mission model for the 

9 period beginning on the date of the report and ending on Decem10 ber 31, 2007; 

11 (B) identify the resources that are necessary or available to 

12 carry out the total potential national mission model described in 

13 subparagraph (A), including— 

14 (i) launch property and services of the Department of De15 fense, the Administration, and non-Federal facilities; and 

16 (ii) the ability to support commercial launch-on-demand on 

17 short notification, taking into account Federal requirements, 

18 at launch sites or test ranges in the United States; 

19 (C) identify each deficiency in the resources referred to in sub20 paragraph (B); and 

21 (D) with respect to the deficiencies identified under subpara22 graph (C), include estimates of the level of funding necessary to 

23 address those deficiencies for the period described in subparagraph 

24 (A). 

25 (d) RECOMMENDATIONS.—Based on the report under subsection (c), the 

26 Secretary, after consultation with the Secretary of Transportation, the Sec27 retary of Commerce, and representatives from interested private sector enti28 ties, States, and local governments, shall— 

29 (1) identify opportunities for investment by non-Federal entities (in30 cluding States and political subdivisions thereof and private sector enti31 ties) to assist the Federal Government in providing launch capabilities 

32 for the commercial space industry in the United States; 

33 (2) identify one or more methods by which, if sufficient resources re34 ferred to in subsection (c)(2)(D) are not available to the Department 

35 of Defense and the Administration, the control of the launch property 

36 and launch services of the Department of Defense and the Administra37 tion may be transferred from the Department of Defense and the Ad38 ministration to— 

39 (A) one or more other Federal agencies; 

40 (B) one or more States (or subdivisions thereof); 

41 (C) one or more private sector entities; or 


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1 (D) any combination of the entities described in subparagraphs 

2 (A) to (C); and 

3 (3) identify the technical, structural, and legal impediments associ4 ated with making launch sites or test ranges in the United States via5 ble and competitive. 

6 CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 

7 TRANSPORTATION 

Sec. 

50301. Findings. 

50302. Definitions. 

50303. Loan guarantees for production of commercial reusable in-space transportation. 

8 § 50301. Findings 

9 Congress makes the following findings: 

10 (1) It is in the national interest to encourage the production of cost11 effective, in-space transportation systems, which would be built and op12 erated by the private sector on a commercial basis. 

13 (2) The use of reusable in-space transportation systems will enhance 

14 performance levels of in-space operations, enhance efficient and safe 

15 disposal of satellites at the end of their useful lives, and increase the 

16 capability and reliability of existing ground-to-space launch vehicles. 

17 (3) Commercial reusable in-space transportation systems will en18 hance the economic well-being and national security of the United 

19 States by reducing space operations costs for commercial and national 

20 space programs and by adding new space capabilities to space oper21 ations. 

22 (4) Commercial reusable in-space transportation systems will provide 

23 new cost-effective space capabilities (including orbital transfers from 

24 low altitude orbits to high altitude orbits and return, the correction of 

25 erroneous satellite orbits, and the recovery, refurbishment, and refuel26 ing of satellites) and the provision of upper stage functions to increase 

27 ground-to-orbit launch vehicle payloads to geostationary and other high 

28 energy orbits. 

29 (5) Commercial reusable in-space transportation systems can en30 hance and enable the space exploration of the United States by pro31 viding lower cost trajectory injection from Earth orbit, transit trajec32 tory control, and planet arrival deceleration to support potential Ad33 ministration missions to Mars, Pluto, and other planets. 

34 (6) Satellites stranded in erroneous Earth orbit due to deficiencies 

35 in their launch represent substantial economic loss to the United States 

36 and present substantial concerns for the current backlog of national 

37 space assets. 


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1 (7) Commercial reusable in-space transportation systems can provide 

2 new options for alternative planning approaches and risk management 

3 to enhance the mission assurance of national space assets. 

4 (8) Commercial reusable in-space transportation systems developed 

5 by the private sector can provide in-space transportation services to the 

6 Administration, the Department of Defense, the National Reconnais7 sance Office, and other agencies without the need for the United States 

8 to bear the cost of production of such systems. 

9 (9) The availability of loan guarantees, with the cost of credit risk 

10 to the United States paid by the private sector, is an effective means 

11 by which the United States can help qualifying private sector compa12 nies secure otherwise unattainable private financing for the production 

13 of commercial reusable in-space transportation systems, while at the 

14 same time minimizing Government commitment and involvement in the 

15 development of such systems. 

16 § 50302. Definitions 

17 In this chapter: 

18 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

19 means any person or entity providing commercial reusable in-orbit 

20 space transportation services or systems, primary control of which is 

21 held by persons other than the Federal Government, a State or local 

22 government, or a foreign government. 

23 (2) IN-SPACE TRANSPORTATION SERVICES.—The term ‘‘in-space 

24 transportation services’’ means operations and activities involved in the 

25 direct transportation or attempted transportation of a payload or object 

26 from one orbit to another by means of an in-space transportation vehi27 cle. 

28 (3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space trans29 portation system’’ means the space and ground elements, including in30 space transportation vehicles and support space systems, and ground 

31 administration and control facilities and associated equipment, nec32 essary for the provision of in-space transportation services. 

33 (4) IN-SPACE TRANSPORTATION VEHICLE.—The term ‘‘in-space 

34 transportation vehicle’’ means a vehicle designed— 

35 (A) to be based and operated in space; 

36 (B) to transport various payloads or objects from one orbit to 

37 another orbit; and 

38 (C) to be reusable and refueled in space. 

39 (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De40 fense. 


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1 (6) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 

2 States commercial provider’’ means any commercial provider organized 

3 under the laws of the United States that is more than 50 percent 

4 owned by United States nationals. 

5 § 50303. Loan guarantees for production of commercial reus6 able in-space transportation 

7 (a) AUTHORITY TO MAKE LOAN GUARANTEES.—The Secretary may 

8 guarantee loans made to eligible United States commercial providers for 

9 purposes of producing commercial reusable in-space transportation services 

10 or systems. 

11 (b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Secretary 

12 shall prescribe requirements for the eligibility of United States commercial 

13 providers for loan guarantees under this section. Such requirements shall 

14 ensure that eligible providers are financially capable of undertaking a loan 

15 guaranteed under this section. 

16 (c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not guar17 antee a loan for a United States commercial provider under this section un18 less the Secretary determines that credit would not otherwise be reasonably 

19 available at the time of the guarantee for the commercial reusable in-space 

20 transportation service or system to be produced utilizing the proceeds of the 

21 loan. 

22 (d) CREDIT SUBSIDY.— 

23 (1) COLLECTION REQUIRED.—The Secretary shall collect from each 

24 United States commercial provider receiving a loan guarantee under 

25 this section an amount equal to the amount, as determined by the Sec26 retary, to cover the cost, as defined in section 502(5) of the Federal 

27 Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of the loan guarantee. 

28 (2) PERIODIC DISBURSEMENTS.—In the case of a loan guarantee in 

29 which proceeds of the loan are disbursed over time, the Secretary shall 

30 collect the amount required under this subsection on a pro rata basis, 

31 as determined by the Secretary, at the time of each disbursement. 

32 (e) OTHER TERMS AND CONDITIONS.— 

33 (1) PROHIBITION ON SUBORDINATION.—A loan guaranteed under 

34 this section may not be subordinated to another debt contracted by the 

35 United States commercial provider concerned, or to any other claims 

36 against such provider. 

37 (2) RESTRICTION ON INCOME.—A loan guaranteed under this section 

38 may not— 

39 (A) provide income which is excluded from gross income for 

40 purposes of chapter 1 of the Internal Revenue Code of 1986 (26 

41 U.S.C. 1 et seq.); or 


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1 (B) provide significant collateral or security, as determined by 

2 the Secretary, for other obligations the income from which is so 

3 excluded. 

4 (3) TREATMENT OF GUARANTEE.—The guarantee of a loan under 

5 this section shall be conclusive evidence of the following: 

6 (A) That the guarantee has been properly obtained. 

7 (B) That the loan qualifies for the guarantee. 

8 (C) That, but for fraud or material misrepresentation by the 

9 holder of the loan, the guarantee is valid, legal, and enforceable. 

10 (4) OTHER TERMS AND CONDITIONS.—The Secretary may establish 

11 any other terms and conditions for a guarantee of a loan under this 

12 section as the Secretary considers appropriate to protect the financial 

13 interests of the United States. 

14 (f) ENFORCEMENT OF RIGHTS.— 

15 (1) IN GENERAL.—The Attorney General may take any action the 

16 Attorney General considers appropriate to enforce any right accruing 

17 to the United States under a loan guarantee under this section. 

18 (2) FORBEARANCE.—The Attorney General may, with the approval 

19 of the parties concerned, forbear from enforcing any right of the 

20 United States under a loan guaranteed under this section for the ben21 efit of a United States commercial provider if such forbearance will not 

22 result in any cost, as defined in section 502(5) of the Federal Credit 

23 Reform Act of 1990 (2 U.S.C. 661a(5)), to the United States. 

24 (3) UTILIZATION OF PROPERTY.—Notwithstanding any other provi25 sion of law and subject to the terms of a loan guaranteed under this 

26 section, upon the default of a United States commercial provider under 

27 the loan, the Secretary may, at the election of the Secretary— 

28 (A) assume control of the physical asset financed by the loan; 

29 and 

30 (B) complete, recondition, reconstruct, renovate, repair, main31 tain, operate, or sell the physical asset. 

32 (g) CREDIT INSTRUMENTS.— 

33 (1) AUTHORITY TO ISSUE INSTRUMENTS.—Notwithstanding any 

34 other provision of law, the Secretary may, subject to such terms and 

35 conditions as the Secretary considers appropriate, issue credit instru36 ments to United States commercial providers of in-space transportation 

37 services or systems, with the aggregate cost (as determined under the 

38 provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 

39 seq.)) of such instruments not to exceed $1,500,000,000, but only to 

40 the extent that new budget authority to cover such costs is provided 


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1 in subsequent appropriations Acts or authority is otherwise provided in 

2 subsequent appropriations Acts. 

3 (2) CREDIT SUBSIDY.—The Secretary shall provide a credit subsidy 

4 for any credit instrument issued under this subsection in accordance 

5 with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 

6 661 et seq.). 

7 (3) CONSTRUCTION.—The eligibility of a United States commercial 

8 provider of in-space transportation services or systems for a credit in9 strument under this subsection is in addition to any eligibility of such 

10 provider for a loan guarantee under other provisions of this section. 

11 CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS 

Sec. 

50501. Findings. 

50502. Definitions. 

50503. Launch voucher demonstration program. 

50504. Anchor tenancy and termination liability. 

50505. Use of Government facilities. 

50506. Test facilities. 

50507. Commercial Space Achievement Award. 

12 § 50501. Findings 

13 Congress finds that— 

14 (1) commercial activities of the private sector have substantially con15 tributed to the strength of both the United States space program and 

16 the national economy; 

17 (2) a robust United States space transportation capability remains 

18 a vital cornerstone of the United States space program; 

19 (3) the availability of commercial launch services is essential for the 

20 continued growth of the United States commercial space sector; 

21 (4) a timely extension of the excess third party claims payment pro22 visions of chapter 507 of this title is appropriate and necessary to en23 able the private sector to continue covering maximum probable liability 

24 risks while protecting the private sector from uninsurable levels of li25 ability which could hinder international competitiveness; 

26 (5) a program to demonstrate how recipients of Federal grants can 

27 purchase launch services directly from the private sector has the poten28 tial to improve the capabilities of the United States commercial launch 

29 industry; 

30 (6) improvements and additions to the Nation’s space transportation 

31 infrastructure contribute to a robust and cost effective space transpor32 tation capability for both public sector and private sector users; 

33 (7) private sector use of available Government facilities on a reim34 bursable basis contributes to a stronger commercial space sector; 

35 (8) the Federal Government should purchase space goods and serv36 ices which are commercially available, or could be made available comVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 mercially in response to a Government procurement request, whenever 

2 such goods or services meet Government mission requirements in a cost 

3 effective manner; 

4 (9) it is appropriate for the Government to act as an anchor tenant 

5 for commercial space development projects which have a reasonable po6 tential to develop non-Federal markets and which meet Federal needs 

7 in a cost effective manner; and 

8 (10) the provision of compensation to commercial providers of space 

9 goods and services for termination of contracts at the convenience of 

10 the Government assists in enabling the private sector to invest in space 

11 activities which are initially dependent on Government purchases. 

12 § 50502. Definitions 

13 In this chapter: 

14 (1) AGENCY.—The term ‘‘agency’’ means an executive agency as de15 fined in section 105 of title 5. 

16 (2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means an ar17 rangement in which the United States Government agrees to procure 

18 sufficient quantities of a commercial space product or service needed 

19 to meet Government mission requirements so that a commercial ven20 ture is made viable. 

21 (3) COMMERCIAL.—The term ‘‘commercial’’ means having— 

22 (A) private capital at risk; and 

23 (B) primary financial and management responsibility for the ac24 tivity reside with the private sector. 

25 (4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing no 

26 more than the available alternatives, determined by a comparison of all 

27 related direct and indirect costs including, in the case of Government 

28 costs, applicable Government labor and overhead costs as well as con29 tractor charges, and taking into account the ability of each alternative 

30 to accommodate mission requirements as well as the related factors of 

31 risk, reliability, schedule, and technical performance. 

32 (5) LAUNCH.—The term ‘‘launch’’ means to place, or attempt to 

33 place, a launch vehicle and its payload, if any, in a suborbital trajec34 tory, in Earth orbit in outer space, or otherwise in outer space. 

35 (6) LAUNCH SERVICES.—The term ‘‘launch services’’ means activi36 ties involved in the preparation of a launch vehicle and its payload for 

37 launch and the conduct of a launch. 

38 (7) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support fa39 cilities’’ means facilities located at launch sites or launch ranges that 

40 are required to support launch activities, including launch vehicle asVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 sembly, launch vehicle operations and control, communications, flight 

2 safety functions, and payload operations, control, and processing. 

3 (8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi4 cle constructed for the purpose of operating in or placing a payload in 

5 outer space or in suborbital trajectories, and includes components of 

6 that vehicle. 

7 (9) PAYLOAD.—The term ‘‘payload’’ means an object which a person 

8 undertakes to launch, and includes subcomponents of the launch vehicle 

9 specifically designed or adapted for that object. 

10 (10) PAYLOAD INTEGRATION SERVICES.—The term ‘‘payload inte11 gration services’’ means activities involved in integrating multiple pay12 loads into a single payload for launch or integrating a payload with a 

13 launch vehicle. 

14 (11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space re15 covery support facilities’’ means facilities required to support activities 

16 related to the recovery of payloads returned from space to a space re17 covery site, including operations and control, communications, flight 

18 safety functions, and payload processing. 

19 (12) SPACE TRANSPORTATION INFRASTRUCTURE.—The term ‘‘space 

20 transportation infrastructure’’ means facilities, associated equipment, 

21 and real property (including launch sites, launch support facilities, 

22 space recovery sites, and space recovery support facilities) required to 

23 perform launch or space recovery activities. 

24 (13) STATE.—The term ‘‘State’’ means the several States, the Dis25 trict of Columbia, Puerto Rico, American Samoa, the United States 

26 Virgin Islands, Guam, the Northern Mariana Islands, and any other 

27 commonwealth, territory, or possession of the United States. 

28 (14) UNITED STATES.—The term ‘‘United States’’ means the States, 

29 collectively. 

30 § 50503. Launch voucher demonstration program 

31 (a) REQUIREMENT TO ESTABLISH PROGRAM.—The Administrator shall 

32 establish a demonstration program to award vouchers for the payment of 

33 commercial launch services and payload integration services for the purpose 

34 of launching payloads funded by the Administration. 

35 (b) AWARD OF VOUCHERS.—The Administrator shall award vouchers 

36 under subsection (a) to appropriate individuals as a part of grants adminis37 tered by the Administration for the launch of— 

38 (1) payloads to be placed in suborbital trajectories; and 

39 (2) small payloads to be placed in orbit. 

40 (c) ASSISTANCE.—The Administrator may provide voucher award recipi41 ents with such assistance (including contract formulation and technical supVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 port during the proposal evaluation) as may be necessary to ensure the pur2 chase of cost effective and reasonably reliable commercial launch services 

3 and payload integration services. 

4 § 50504. Anchor tenancy and termination liability 

5 (a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the Ad6 ministrator or the Administrator of the National Oceanic and Atmospheric 

7 Administration may enter into multiyear anchor tenancy contracts for the 

8 purchase of a good or service if the appropriate Administrator determines 

9 that— 

10 (1) the good or service meets the mission requirements of the Admin11 istration or the National Oceanic and Atmospheric Administration, as 

12 appropriate; 

13 (2) the commercially procured good or service is cost effective; 

14 (3) the good or service is procured through a competitive process; 

15 (4) existing or potential customers for the good or service other than 

16 the United States Government have been specifically identified; 

17 (5) the long-term viability of the venture is not dependent upon a 

18 continued Government market or other nonreimbursable Government 

19 support; and 

20 (6) private capital is at risk in the venture. 

21 (b) TERMINATION LIABILITY.— 

22 (1) IN GENERAL.—Contracts entered into under subsection (a) may 

23 provide for the payment of termination liability in the event that the 

24 Government terminates such contracts for its convenience. 

25 (2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABIL26 ITY.—Contracts that provide for the payment of termination liability, 

27 as described in paragraph (1), shall include a fixed schedule of such 

28 termination liability payments. Liability under such contracts shall not 

29 exceed the total payments which the Government would have made 

30 after the date of termination to purchase the good or service if the con31 tract were not terminated. 

32 (3) USE OF FUNDS.—Subject to appropriations, funds available for 

33 such termination liability payments may be used for purchase of the 

34 good or service upon successful delivery of the good or service pursuant 

35 to the contract. In such case, sufficient funds shall remain available to 

36 cover any remaining termination liability. 

37 (c) LIMITATIONS.— 

38 (1) DURATION.—Contracts entered into under this section shall not 

39 exceed 10 years in duration. 

40 (2) FIXED PRICE.—Such contracts shall provide for delivery of the 

41 good or service on a firm, fixed price basis. 


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1 (3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, rea2 sonable performance specifications shall be used to define technical re3 quirements in such contracts. 

4 (4) FAILURE TO PERFORM.—In any such contract, the appropriate 

5 Administrator shall reserve the right to completely or partially termi6 nate the contract without payment of such termination liability because 

7 of the contractor’s actual or anticipated failure to perform its contrac8 tual obligations. 

9 § 50505. Use of Government facilities 

10 (a) AUTHORITY.— 

11 (1) IN GENERAL.—Federal agencies, including the Administration 

12 and the Department of Defense, may allow non-Federal entities to use 

13 their space-related facilities on a reimbursable basis if the Adminis14 trator, the Secretary of Defense, or the appropriate agency head deter15 mines that— 

16 (A) the facilities will be used to support commercial space activi17 ties; 

18 (B) such use can be supported by existing or planned Federal 

19 resources; 

20 (C) such use is compatible with Federal activities; 

21 (D) equivalent commercial services are not available on reason22 able terms; and 

23 (E) such use is consistent with public safety, national security, 

24 and international treaty obligations. 

25 (2) CONSULTATION.—In carrying out paragraph (1)(E), each agency 

26 head shall consult with appropriate Federal officials. 

27 (b) REIMBURSEMENT PAYMENT.— 

28 (1) AMOUNT.—The reimbursement referred to in subsection (a) may 

29 be an amount equal to the direct costs (including salaries of United 

30 States civilian and contractor personnel) incurred by the United States 

31 as a result of the use of such facilities by the private sector. For the 

32 purposes of this paragraph, the term ‘‘direct costs’’ means the actual 

33 costs that can be unambiguously associated with such use, and would 

34 not be borne by the United States Government in the absence of such 

35 use. 

36 (2) CREDIT TO APPROPRIATION.—The amount of any payment re37 ceived by the United States for use of facilities under this subsection 

38 shall be credited to the appropriation from which the cost of providing 

39 such facilities was paid. 


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1 § 50506. Test facilities 

2 (a) CHARGES.—The Administrator shall establish a policy of charging 

3 users of the Administration’s test facilities for the costs associated with 

4 their tests at a level that is competitive with alternative test facilities. The 

5 Administrator shall not implement a policy of seeking full cost recovery for 

6 a facility until at least 30 days after transmitting a notice to the Committee 

7 on Science and Technology of the House of Representatives and the Com8 mittee on Commerce, Science, and Transportation of the Senate. 

9 (b) FUNDING ACCOUNT.—In planning and budgeting, the Administrator 

10 shall establish a funding account that shall be used for all test facilities. 

11 The account shall be sufficient to maintain the viability of test facilities dur12 ing periods of low utilization. 

13 § 50507. Commercial Space Achievement Award 

14 (a) ESTABLISHMENT.—There is established a Commercial Space Achieve15 ment Award. The award shall consist of a medal, which shall be of such 

16 design and materials and bear such inscriptions as determined by the Sec17 retary of Commerce. A cash prize may also be awarded if funding for the 

18 prize is available under subsection (d). 

19 (b) CRITERIA FOR AWARD.—The Secretary of Commerce shall periodi20 cally make awards under this section to individuals, corporations, corporate 

21 divisions, or corporate subsidiaries substantially engaged in commercial 

22 space activities that in the opinion of the Secretary of Commerce best meet 

23 the following criteria: 

24 (1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at least 

25 half of the revenues from the space-related activities of the corporation, 

26 division, or subsidiary is derived from sources other than the United 

27 States Government. 

28 (2) SUBSTANTIAL CONTRIBUTION.—The activities and achievements 

29 of the individual, corporation, division, or subsidiary have substantially 

30 contributed to the United States gross national product and the stature 

31 of United States industry in international markets, with due consider32 ation for both the economic magnitude and the technical quality of the 

33 activities and achievements. 

34 (3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The individual, 

35 corporation, division, or subsidiary has substantially advanced space 

36 technology and space applications directly related to commercial space 

37 activities. 

38 (c) LIMITATIONS.—No individual or corporate entity may receive an 

39 award under this section more than once every 5 years. 

40 (d) FUNDING FOR AWARD.—The Secretary of Commerce may seek and 

41 accept gifts of money from public and private sources for the purpose of 


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1 making cash prize awards under this section. Such money may be used only 

2 for that purpose, and only such money may be used for that purpose. The 

3 Secretary of Commerce shall make publicly available an itemized list of the 

4 sources of such funding. 

5 Subtitle VI—Land Remote Sensing Policy 

6 Programs 

Chapter Sec. 

601. Land Remote Sensing Policy ................................................................ 60101 

603. Remote Sensing ......................................................................................... 60301 

7 CHAPTER 601—LAND REMOTE SENSING POLICY 

SUBCHAPTER I—FINDINGS AND DEFINITIONS 

Sec. 

60101. Findings. 

60102. Definitions. 

SUBCHAPTER II—LANDSAT 

60111. Landsat Program Management. 

60112. Transfer of Landsat 6 program responsibilities. 

60113. Data policy for Landsat 7. 

SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS 

60121. General licensing authority. 

60122. Conditions for operation. 

60123. Administrative authority of Secretary. 

60124. Regulatory authority of Secretary. 

60125. Agency activities. 

SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION 

60131. Continued Federal research and development. 

60132. Availability of federally gathered unenhanced data. 

60133. Technology demonstration program. 

60134. Preference for private sector land remote sensing system. 

SUBCHAPTER V—GENERAL PROVISIONS 

60141. Nondiscriminatory data availability. 

60142. Archiving of data. 

60143. Nonreproduction. 

60144. Reimbursement for assistance. 

60145. Acquisition of equipment. 

60146. Radio frequency allocation. 

60147. Consultation. 

60148. Enforcement. 

SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER 

SATELLITES 

60161. Prohibition. 

60162. Future considerations. 

8 SUBCHAPTER I—FINDINGS AND DEFINITIONS 

9 § 60101. Findings 

10 Congress finds and declares the following: 

11 (1) The continuous collection and utilization of land remote sensing 

12 data from space are of major benefit in studying and understanding 

13 human impacts on the global environment, in managing the Earth’s 

14 natural resources, in carrying out national security functions, and in 

15 planning and conducting many other activities of scientific, economic, 

16 and social importance. 


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1 (2) The Federal Government’s Landsat system established the 

2 United States as the world leader in land remote sensing technology. 

3 (3) The national interest of the United States lies in maintaining 

4 international leadership in satellite land remote sensing and in broadly 

5 promoting the beneficial use of remote sensing data. 

6 (4) The cost of Landsat data has impeded the use of such data for 

7 scientific purposes, such as for global environmental change research, 

8 as well as for other public sector applications. 

9 (5) Given the importance of the Landsat program to the United 

10 States, urgent actions, including expedited procurement procedures, are 

11 required to ensure data continuity. 

12 (6) Full commercialization of the Landsat program cannot be 

13 achieved within the foreseeable future, and thus should not serve as the 

14 near-term goal of national policy on land remote sensing; however, com15 mercialization of land remote sensing should remain a long-term goal 

16 of United States policy. 

17 (7) Despite the success and importance of the Landsat system, fund18 ing and organizational uncertainties over the past several years have 

19 placed its future in doubt and have jeopardized United States leader20 ship in land remote sensing. 

21 (8) Recognizing the importance of the Landsat program in helping 

22 to meet national and commercial objectives, the President approved, on 

23 February 11, 1992, a National Space Policy Directive which was devel24 oped by the National Space Council and commits the United States to 

25 ensuring the continuity of Landsat coverage into the 21st century. 

26 (9) Because Landsat data are particularly important for national se27 curity purposes and global environmental change research, management 

28 responsibilities for the program should be transferred from the Depart29 ment of Commerce to an integrated program management involving the 

30 Department of Defense and the Administration. 

31 (10) Regardless of management responsibilities for the Landsat pro32 gram, the Nation’s broad civilian, national security, commercial, and 

33 foreign policy interests in remote sensing will best be served by ensur34 ing that Landsat remains an unclassified program that operates ac35 cording to the principles of open skies and nondiscriminatory access. 

36 (11) Technological advances aimed at reducing the size and weight 

37 of satellite systems hold the potential for dramatic reductions in the 

38 cost, and substantial improvements in the capabilities, of future land 

39 remote sensing systems, but such technological advances have not been 

40 demonstrated for land remote sensing and therefore cannot be relied 


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1 upon as the sole means of achieving data continuity for the Landsat 

2 program. 

3 (12) A technology demonstration program involving advanced remote 

4 sensing technologies could serve a vital role in determining the design 

5 of a follow-on spacecraft to Landsat 7, while also helping to determine 

6 whether such a spacecraft should be funded by the United States Gov7 ernment, by the private sector, or by an international consortium. 

8 (13) To maximize the value of the Landsat program to the American 

9 public, unenhanced Landsat 4 through 6 data should be made avail10 able, at a minimum, to United States Government agencies, to global 

11 environmental change researchers, and to other researchers that are fi12 nancially supported by the United States Government, at the cost of 

13 fulfilling user requests, and unenhanced Landsat 7 data should be 

14 made available to all users at the cost of fulfilling user requests. 

15 (14) To stimulate development of the commercial market for 

16 unenhanced data and value-added services, the United States Govern17 ment should adopt a data policy for Landsat 7 which allows competi18 tion within the private sector for distribution of unenhanced data and 

19 value-added services. 

20 (15) Development of the remote sensing market and the provision of 

21 commercial value-added services based on remote sensing data should 

22 remain exclusively the function of the private sector. 

23 (16) It is in the best interest of the United States to maintain a per24 manent, comprehensive Government archive of global Landsat and 

25 other land remote sensing data for long-term monitoring and study of 

26 the changing global environment. 

27 § 60102. Definitions 

28 In this chapter: 

29 (1) COST OF FULFILLING USER REQUESTS.—The term ‘‘cost of ful30 filling user requests’’ means the incremental costs associated with pro31 viding product generation, reproduction, and distribution of 

32 unenhanced data in response to user requests and shall not include any 

33 acquisition, amortization, or depreciation of capital assets originally 

34 paid for by the United States Government or other costs not specifi35 cally attributable to fulfilling user requests. 

36 (2) DATA CONTINUITY.—The term ‘‘data continuity’’ means the con37 tinued acquisition and availability of unenhanced data which are, from 

38 the point of view of the user— 

39 (A) sufficiently consistent (in terms of acquisition geometry, 

40 coverage characteristics, and spectral characteristics) with previous 


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1 Landsat data to allow comparisons for global and regional change 

2 detection and characterization; and 

3 (B) compatible with such data and with methods used to receive 

4 and process such data. 

5 (3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— 

6 (A) may include— 

7 (i) rectification of system and sensor distortions in land re8 mote sensing data as it is received directly from the satellite 

9 in preparation for delivery to a user; 

10 (ii) registration of such data with respect to features of the 

11 Earth; and 

12 (iii) calibration of spectral response with respect to such 

13 data; but 

14 (B) does not include conclusions, manipulations, or calculations 

15 derived from such data, or a combination of such data with other 

16 data. 

17 (4) LAND REMOTE SENSING.—The term ‘‘land remote sensing’’ 

18 means the collection of data which can be processed into imagery of 

19 surface features of the Earth from an unclassified satellite or satellites, 

20 other than an operational United States Government weather satellite. 

21 (5) LANDSAT PROGRAM MANAGEMENT.—The term ‘‘Landsat Pro22 gram Management’’ means the integrated program management struc23 ture— 

24 (A) established by, and responsible to, the Administrator and 

25 the Secretary of Defense pursuant to section 60111(a) of this 

26 title; and 

27 (B) consisting of appropriate officers and employees of the Ad28 ministration, the Department of Defense, and any other United 

29 States Government agencies the President designates as respon30 sible for the Landsat program. 

31 (6) LANDSAT SYSTEM.—The term ‘‘Landsat system’’ means 

32 Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing 

33 system operated and owned by the United States Government, along 

34 with any related ground equipment, systems, and facilities owned by 

35 the United States Government. 

36 (7) LANDSAT 6 CONTRACTOR.—The term ‘‘Landsat 6 contractor’’ 

37 means the private sector entity which was awarded the contract for 

38 spacecraft construction, operations, and data marketing rights for the 

39 Landsat 6 spacecraft. 

40 (8) LANDSAT 7.—The term ‘‘Landsat 7’’ means the follow-on sat41 ellite to Landsat 6. 


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1 (9) NATIONAL SATELLITE LAND REMOTE SENSING DATA ARCHIVE.— 

2 The term ‘‘National Satellite Land Remote Sensing Data Archive’’ 

3 means the archive established by the Secretary of the Interior pursuant 

4 to the archival responsibilities defined in section 60142 of this title. 

5 (10) NONCOMMERCIAL PURPOSES.—The term ‘‘noncommercial pur6 poses’’ means activities undertaken by individuals or entities on the 

7 condition, upon receipt of unenhanced data, that— 

8 (A) such data shall not be used in connection with any bid for 

9 a commercial contract, development of a commercial product, or 

10 any other non-United States Government activity that is expected, 

11 or has the potential, to be profitmaking; 

12 (B) the results of such activities are disclosed in a timely and 

13 complete fashion in the open technical literature or other method 

14 of public release, except when such disclosure by the United States 

15 Government or its contractors would adversely affect the national 

16 security or foreign policy of the United States or violate a provi17 sion of law or regulation; and 

18 (C) such data shall not be distributed in competition with 

19 unenhanced data provided by the Landsat 6 contractor. 

20 (11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

21 Commerce. 

22 (12) UNENHANCED DATA.—The term ‘‘unenhanced data’’ means 

23 land remote sensing signals or imagery products that are unprocessed 

24 or subject only to data preprocessing. 

25 (13) UNITED STATES GOVERNMENT AND ITS AFFILIATED USERS.— 

26 The term ‘‘United States Government and its affiliated users’’ means— 

27 (A) United States Government agencies; 

28 (B) researchers involved with the United States Global Change 

29 Research Program and its international counterpart programs; 

30 and 

31 (C) other researchers and international entities that have signed 

32 with the United States Government a cooperative agreement in33 volving the use of Landsat data for noncommercial purposes. 

34 SUBCHAPTER II—LANDSAT 

35 § 60111. Landsat Program Management 

36 (a) ESTABLISHMENT.—The Administrator and the Secretary of Defense 

37 shall be responsible for management of the Landsat program. Such respon38 sibility shall be carried out by establishing an integrated program manage39 ment structure for the Landsat system. 

40 (b) MANAGEMENT PLAN.—The Administrator, the Secretary of Defense, 

41 and any other United States Government official the President designates 


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1 as responsible for part of the Landsat program shall establish, through a 

2 management plan, the roles, responsibilities, and funding expectations for 

3 the Landsat program of the appropriate United States Government agen4 cies. The management plan shall— 

5 (1) specify that the fundamental goal of the Landsat Program Man6 agement is the continuity of unenhanced Landsat data through the ac7 quisition and operation of a Landsat 7 satellite as quickly as prac8 ticable which is, at a minimum, functionally equivalent to the Landsat 

9 6 satellite, with the addition of a tracking and data relay satellite com10 munications capability; 

11 (2) include a baseline funding profile that— 

12 (A) is mutually acceptable to the Administration and the De13 partment of Defense for the period covering the development and 

14 operation of Landsat 7; and 

15 (B) provides for total funding responsibility of the Administra16 tion and the Department of Defense, respectively, to be approxi17 mately equal to the funding responsibility of the other as spread 

18 across the development and operational life of Landsat 7; 

19 (3) specify that any improvements over the Landsat 6 functional 

20 equivalent capability for Landsat 7 will be funded by a specific spon21 soring agency or agencies, in a manner agreed to by the Landsat Pro22 gram Management, if the required funding exceeds the baseline funding 

23 profile required by paragraph (2), and that additional improvements 

24 will be sought only if the improvements will not jeopardize data con25 tinuity; and 

26 (4) provide for a technology demonstration program whose objective 

27 shall be the demonstration of advanced land remote sensing tech28 nologies that may potentially yield a system which is less expensive to 

29 build and operate, and more responsive to data users, than is the cur30 rent Landsat system. 

31 (c) RESPONSIBILITIES.—The Landsat Program Management shall be re32 sponsible for— 

33 (1) Landsat 7 procurement, launch, and operations; 

34 (2) ensuring that the operation of the Landsat system is responsive 

35 to the broad interests of the civilian, national security, commercial, and 

36 foreign users of the Landsat system; 

37 (3) ensuring that all unenhanced Landsat data remain unclassified 

38 and that, except as provided in subsections (a) and (b) of section 

39 60146 of this title, no restrictions are placed on the availability of 

40 unenhanced data; 


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1 (4) ensuring that land remote sensing data of high priority locations 

2 will be acquired by the Landsat 7 system as required to meet the needs 

3 of the United States Global Change Research Program, as established 

4 in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), 

5 and to meet the needs of national security users; 

6 (5) Landsat data responsibilities pursuant to this chapter; 

7 (6) oversight of Landsat contracts entered into under sections 102 

8 and 103 of the Land Remote Sensing Policy Act of 1992 (Public Law 

9 102–555, 106 Stat. 4168); 

10 (7) coordination of a technology demonstration program pursuant to 

11 section 60133 of this title; and 

12 (8) ensuring that copies of data acquired by the Landsat system are 

13 provided to the National Satellite Land Remote Sensing Data Archive. 

14 (d) AUTHORITY TO CONTRACT.—The Landsat Program Management 

15 may, subject to appropriations and only under the existing contract author16 ity of the United States Government agencies that compose the Landsat 

17 Program Management, enter into contracts with the private sector for serv18 ices such as satellite operations and data preprocessing. 

19 (e) LANDSAT ADVISORY PROCESS.— 

20 (1) ADVICE AND COMMENTS.—The Landsat Program Management 

21 shall seek impartial advice and comments regarding the status, effec22 tiveness, and operation of the Landsat system, using existing advisory 

23 committees and other appropriate mechanisms. Such advice shall be 

24 sought from individuals who represent— 

25 (A) a broad range of perspectives on basic and applied science 

26 and operational needs with respect to land remote sensing data; 

27 (B) the full spectrum of users of Landsat data, including rep28 resentatives from United States Government agencies, State and 

29 local government agencies, academic institutions, nonprofit organi30 zations, value-added companies, the agricultural, mineral extrac31 tion, and other user industries, and the public; and 

32 (C) a broad diversity of age groups, sexes, and races. 

33 (2) REPORTS.—The Landsat Program Management shall prepare 

34 and submit biennially a report to Congress which— 

35 (A) reports the public comments received pursuant to paragraph 

36 (1); and 

37 (B) includes— 

38 (i) a response to the public comments received pursuant to 

39 paragraph (1); 

40 (ii) information on the volume of use, by category, of data 

41 from the Landsat system; and 


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1 (iii) any recommendations for policy or programmatic 

2 changes to improve the utility and operation of the Landsat 

3 system. 

4 § 60112. Transfer of Landsat 6 program responsibilities 

5 The responsibilities of the Secretary with respect to Landsat 6 shall be 

6 transferred to the Landsat Program Management, as agreed to between the 

7 Secretary and the Landsat Program Management, pursuant to section 

8 60111 of this title. 

9 § 60113. Data policy for Landsat 7 

10 (a) LANDSAT 7 DATA POLICY.—The Landsat Program Management, in 

11 consultation with other appropriate United States Government agencies, 

12 shall develop a data policy for Landsat 7 which should— 

13 (1) ensure that unenhanced data are available to all users at the cost 

14 of fulfilling user requests; 

15 (2) ensure timely and dependable delivery of unenhanced data to the 

16 full spectrum of civilian, national security, commercial, and foreign 

17 users and the National Satellite Land Remote Sensing Data Archive; 

18 (3) ensure that the United States retains ownership of all 

19 unenhanced data generated by Landsat 7; 

20 (4) support the development of the commercial market for remote 

21 sensing data; 

22 (5) ensure that the provision of commercial value-added services 

23 based on remote sensing data remains exclusively the function of the 

24 private sector; and 

25 (6) to the extent possible, ensure that the data distribution system 

26 for Landsat 7 is compatible with the Earth Observing System Data 

27 and Information System. 

28 (b) ADDITIONAL DATA POLICY CONSIDERATIONS.—In addition, the data 

29 policy for Landsat 7 may provide for— 

30 (1) United States private sector entities to operate ground receiving 

31 stations in the United States for Landsat 7 data; 

32 (2) other means for direct access by private sector entities to 

33 unenhanced data from Landsat 7; and 

34 (3) the United States Government to charge a per image fee, license 

35 fee, or other such fee to entities operating ground receiving stations or 

36 distributing Landsat 7 data. 

37 SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING 

38 SPACE SYSTEMS 

39 § 60121. General licensing authority 

40 (a) LICENSING AUTHORITY OF SECRETARY.— 


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1 (1) IN GENERAL.—In consultation with other appropriate United 

2 States Government agencies, the Secretary is authorized to license pri3 vate sector parties to operate private remote sensing space systems for 

4 such period as the Secretary may specify and in accordance with the 

5 provisions of this subchapter. 

6 (2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER PUR7 POSES.—In the case of a private space system that is used for remote 

8 sensing and other purposes, the authority of the Secretary under this 

9 subchapter shall be limited only to the remote sensing operations of 

10 such space system. 

11 (b) COMPLIANCE WITH LAW, REGULATIONS, INTERNATIONAL OBLIGA12 TIONS, AND NATIONAL SECURITY.— 

13 (1) IN GENERAL.—No license shall be granted by the Secretary un14 less the Secretary determines in writing that the applicant will comply 

15 with the requirements of this chapter, any regulations issued pursuant 

16 to this chapter, and any applicable international obligations and na17 tional security concerns of the United States. 

18 (2) LIST OF REQUIREMENTS FOR COMPLETE APPLICATION.—The 

19 Secretary shall publish in the Federal Register a complete and specific 

20 list of all information required to comprise a complete application for 

21 a license under this subchapter. An application shall be considered 

22 complete when the applicant has provided all information required by 

23 the list most recently published in the Federal Register before the date 

24 the application was first submitted. Unless the Secretary has, within 

25 30 days after receipt of an application, notified the applicant of infor26 mation necessary to complete an application, the Secretary may not 

27 deny the application on the basis of the absence of any such informa28 tion. 

29 (c) DEADLINE FOR ACTION ON APPLICATION.—The Secretary shall re30 view any application and make a determination thereon within 120 days of 

31 the receipt of such application. If final action has not occurred within such 

32 time, the Secretary shall inform the applicant of any pending issues and of 

33 actions required to resolve them. 

34 (d) IMPROPER BASIS FOR DENIAL.—The Secretary shall not deny such 

35 license in order to protect any existing licensee from competition. 

36 (e) REQUIREMENT TO PROVIDE UNENHANCED DATA.— 

37 (1) DESIGNATION OF DATA.—The Secretary, in consultation with 

38 other appropriate United States Government agencies and pursuant to 

39 paragraph (2), shall designate in a license issued pursuant to this sub40 chapter any unenhanced data required to be provided by the licensee 

41 under section 60122(b)(3) of this title. 


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1 (2) PRELIMINARY DETERMINATION.—The Secretary shall make a 

2 designation under paragraph (1) after determining that— 

3 (A) such data are generated by a system for which all or a sub4 stantial part of the development, fabrication, launch, or operations 

5 costs have been or will be directly funded by the United States 

6 Government; or 

7 (B) it is in the interest of the United States to require such 

8 data to be provided by the licensee consistent with section 

9 60122(b)(3) of this title, after considering the impact on the li10 censee and the importance of promoting widespread access to re11 mote sensing data from United States and foreign systems. 

12 (3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.—A 

13 designation made by the Secretary under paragraph (1) shall not be 

14 inconsistent with any contract or other arrangement entered into be15 tween a United States Government agency and the licensee. 

16 § 60122. Conditions for operation 

17 (a) LICENSE REQUIRED FOR OPERATION.—No person that is subject to 

18 the jurisdiction or control of the United States may, directly or through any 

19 subsidiary or affiliate, operate any private remote sensing space system 

20 without a license pursuant to section 60121 of this title. 

21 (b) LICENSING REQUIREMENTS.—Any license issued pursuant to this 

22 subchapter shall specify that the licensee shall comply with all of the re23 quirements of this chapter and shall— 

24 (1) operate the system in such manner as to preserve the national 

25 security of the United States and to observe the international obliga26 tions of the United States in accordance with section 60146 of this 

27 title; 

28 (2) make available to the government of any country (including the 

29 United States) unenhanced data collected by the system concerning the 

30 territory under the jurisdiction of such government as soon as such 

31 data are available and on reasonable terms and conditions; 

32 (3) make unenhanced data designated by the Secretary in the license 

33 pursuant to section 60121(e) of this title available in accordance with 

34 section 60141 of this title; 

35 (4) upon termination of operations under the license, make disposi36 tion of any satellites in space in a manner satisfactory to the President; 

37 (5) furnish the Secretary with complete orbit and data collection 

38 characteristics of the system, and inform the Secretary immediately of 

39 any deviation; and 


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1 (6) notify the Secretary of any significant or substantial agreement 

2 the licensee intends to enter with a foreign nation, entity, or consor3 tium involving foreign nations or entities. 

4 (c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON5 TRACTOR.—In addition to the requirements of subsection (b), any license 

6 issued pursuant to this subchapter to the Landsat 6 contractor shall specify 

7 that the Landsat 6 contractor shall— 

8 (1) notify the Secretary of any value added activities (as defined by 

9 the Secretary by regulation) that will be conducted by the Landsat 6 

10 contractor or by a subsidiary or affiliate; and 

11 (2) if such activities are to be conducted, provide the Secretary with 

12 a plan for compliance with section 60141 of this title. 

13 § 60123. Administrative authority of Secretary 

14 (a) FUNCTIONS.—In order to carry out the responsibilities specified in 

15 this subchapter, the Secretary may— 

16 (1) grant, condition, or transfer licenses under this chapter; 

17 (2) seek an order of injunction or similar judicial determination from 

18 a district court of the United States with personal jurisdiction over the 

19 licensee to terminate, modify, or suspend licenses under this subchapter 

20 and to terminate licensed operations on an immediate basis, if the Sec21 retary determines that the licensee has substantially failed to comply 

22 with any provisions of this chapter, with any terms, conditions, or re23 strictions of such license, or with any international obligations or na24 tional security concerns of the United States; 

25 (3) provide penalties for noncompliance with the requirements of li26 censes or regulations issued under this subchapter, including civil pen27 alties not to exceed $10,000 (each day of operation in violation of such 

28 licenses or regulations constituting a separate violation); 

29 (4) compromise, modify, or remit any such civil penalty; 

30 (5) issue subpoenas for any materials, documents, or records, or for 

31 the attendance and testimony of witnesses for the purpose of con32 ducting a hearing under this section; 

33 (6) seize any object, record, or report pursuant to a warrant from 

34 a magistrate based on a showing of probable cause to believe that such 

35 object, record, or report was used, is being used, or is likely to be used 

36 in violation of this chapter or the requirements of a license or regula37 tion issued thereunder; and 

38 (7) make investigations and inquiries and administer to or take from 

39 any person an oath, affirmation, or affidavit concerning any matter re40 lating to the enforcement of this chapter. 


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1 (b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that makes 

2 a timely request for review of an adverse action pursuant to paragraph (1), 

3 (3), (5), or (6) of subsection (a) shall be entitled to adjudication by the Sec4 retary on the record after an opportunity for any agency hearing with re5 spect to such adverse action. Any final action by the Secretary under this 

6 subsection shall be subject to judicial review under chapter 7 of title 5. 

7 § 60124. Regulatory authority of Secretary 

8 The Secretary may issue regulations to carry out this subchapter. Such 

9 regulations shall be promulgated only after public notice and comment in 

10 accordance with the provisions of section 553 of title 5. 

11 § 60125. Agency activities 

12 (a) LICENSE APPLICATION AND ISSUANCE.—A private sector party may 

13 apply for a license to operate a private remote sensing space system which 

14 utilizes, on a space-available basis, a civilian United States Government sat15 ellite or vehicle as a platform for such system. The Secretary, pursuant to 

16 this subchapter, may license such system if it meets all conditions of this 

17 subchapter and— 

18 (1) the system operator agrees to reimburse the Government in a 

19 timely manner for all related costs incurred with respect to such utili20 zation, including a reasonable and proportionate share of fixed, plat21 form, data transmission, and launch costs; and 

22 (2) such utilization would not interfere with or otherwise compromise 

23 intended civilian Government missions, as determined by the agency re24 sponsible for such civilian platform. 

25 (b) ASSISTANCE.—The Secretary may offer assistance to private sector 

26 parties in finding appropriate opportunities for such utilization. 

27 (c) AGREEMENTS.—To the extent provided in advance by appropriation 

28 Acts, any United States Government agency may enter into agreements for 

29 such utilization if such agreements are consistent with such agency’s mis30 sion and statutory authority, and if such remote sensing space system is li31 censed by the Secretary before commencing operation. 

32 (d) APPLICABILITY.—This section does not apply to activities carried out 

33 under subchapter IV. 

34 (e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall af35 fect the authority of the Federal Communications Commission pursuant to 

36 the Communications Act of 1934 (47 U.S.C. 151 et seq.). 

37 SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 

38 DEMONSTRATION 

39 § 60131. Continued Federal research and development 

40 (a) ROLES OF ADMINISTRATION AND DEPARTMENT OF DEFENSE.— 


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1 (1) IN GENERAL.—The Administrator and the Secretary of Defense 

2 are directed to continue and to enhance programs of remote sensing 

3 research and development. 

4 (2) ADMINISTRATION ACTIVITIES AUTHORIZED AND ENCOURAGED.— 

5 The Administrator is authorized and encouraged to— 

6 (A) conduct experimental space remote sensing programs (in7 cluding applications demonstration programs and basic research at 

8 universities); 

9 (B) develop remote sensing technologies and techniques, includ10 ing those needed for monitoring the Earth and its environment; 

11 and 

12 (C) conduct such research and development in cooperation with 

13 other United States Government agencies and with public and pri14 vate research entities (including private industry, universities, non15 profit organizations, State and local governments, foreign govern16 ments, and international organizations) and to enter into arrange17 ments (including joint ventures) which will foster such coopera18 tion. 

19 (b) ROLES OF DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF

20 THE INTERIOR.— 

21 (1) IN GENERAL.—In order to enhance the ability of the United 

22 States to manage and utilize its renewable and nonrenewable resources, 

23 the Secretary of Agriculture and the Secretary of the Interior are au24 thorized and encouraged to conduct programs of research and develop25 ment in the applications of remote sensing using funds appropriated 

26 for such purposes. 

27 (2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may in28 clude basic research at universities, demonstrations of applications, and 

29 cooperative activities involving other Government agencies, private sec30 tor parties, and foreign and international organizations. 

31 (c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States Govern32 ment agencies are authorized and encouraged to conduct research and devel33 opment on the use of remote sensing in the fulfillment of their authorized 

34 missions, using funds appropriated for such purposes. 

35 § 60132. Availability of federally gathered unenhanced data 

36 (a) IN GENERAL.—All unenhanced land remote sensing data gathered 

37 and owned by the United States Government, including unenhanced data 

38 gathered under the technology demonstration program carried out pursuant 

39 to section 60133 of this title, shall be made available to users in a timely 

40 fashion. 


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1 (b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The President 

2 shall seek to ensure that unenhanced data gathered under the technology 

3 demonstration program carried out pursuant to section 60133 of this title 

4 shall, to the extent practicable, be made available on terms that would not 

5 adversely affect the commercial market for unenhanced data gathered by 

6 the Landsat 6 spacecraft. 

7 § 60133. Technology demonstration program 

8 (a) ESTABLISHMENT.—As a fundamental component of a national land 

9 remote sensing strategy, the President shall establish, through appropriate 

10 United States Government agencies, a technology demonstration program. 

11 The goals of the program shall be to— 

12 (1) seek to launch advanced land remote sensing system components 

13 within 5 years after October 28, 1992; 

14 (2) demonstrate within such 5-year period advanced sensor capabili15 ties suitable for use in the anticipated land remote sensing program; 

16 and 

17 (3) demonstrate within such 5-year period an advanced land remote 

18 sensing system design that could be less expensive to procure and oper19 ate than the Landsat system projected to be in operation through the 

20 year 2000, and that therefore holds greater potential for private sector 

21 investment and control. 

22 (b) EXECUTION OF PROGRAM.—In executing the technology demonstra23 tion program, the President shall seek to apply technologies associated with 

24 United States National Technical Means of intelligence gathering, to the ex25 tent that such technologies are appropriate for the technology demonstration 

26 and can be declassified for such purposes without causing adverse harm to 

27 United States national security interests. 

28 (c) BROAD APPLICATION.—To the greatest extent practicable, the tech29 nology demonstration program established under subsection (a) shall be de30 signed to be responsive to the broad civilian, national security, commercial, 

31 and foreign policy needs of the United States. 

32 (d) PRIVATE SECTOR FUNDING.—The technology demonstration program 

33 under this section may be carried out in part with private sector funding. 

34 (e) LANDSAT PROGRAM MANAGEMENT COORDINATION.—The Landsat 

35 Program Management shall have a coordinating role in the technology dem36 onstration program carried out under this section. 

37 § 60134. Preference for private sector land remote sensing 

38 system 

39 (a) IN GENERAL.—If a successor land remote sensing system to Landsat 

40 7 can be funded and managed by the private sector while still achieving the 

41 goals stated in subsection (b) without jeopardizing the domestic, national seVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 curity, and foreign policy interests of the United States, preference should 

2 be given to the development of such a system by the private sector without 

3 competition from the United States Government. 

4 (b) GOALS.—The goals referred to in subsection (a) are— 

5 (1) to encourage the development, launch, and operation of a land 

6 remote sensing system that adequately serves the civilian, national se7 curity, commercial, and foreign policy interests of the United States; 

8 (2) to encourage the development, launch, and operation of a land 

9 remote sensing system that maintains data continuity with the Landsat 

10 system; and 

11 (3) to incorporate system enhancements, including any such enhance12 ments developed under the technology demonstration program under 

13 section 60133 of this title, which may potentially yield a system that 

14 is less expensive to build and operate, and more responsive to data 

15 users, than is the Landsat system otherwise projected to be in oper16 ation in the future. 

17 SUBCHAPTER V—GENERAL PROVISIONS 

18 § 60141. Nondiscriminatory data availability 

19 (a) IN GENERAL.—Except as provided in subsection (b), any unenhanced 

20 data generated by the Landsat system or any other land remote sensing sys21 tem funded and owned by the United States Government shall be made 

22 available to all users without preference, bias, or any other special arrange23 ment (except on the basis of national security concerns pursuant to section 

24 60146 of this title) regarding delivery, format, pricing, or technical consid25 erations which would favor one customer or class of customers over another. 

26 (b) EXCEPTIONS.—Unenhanced data generated by the Landsat system or 

27 any other land remote sensing system funded and owned by the United 

28 States Government may be made available to the United States Government 

29 and its affiliated users at reduced prices, in accordance with this chapter, 

30 on the condition that such unenhanced data are used solely for noncommer31 cial purposes. 

32 § 60142. Archiving of data 

33 (a) PUBLIC INTEREST.—It is in the public interest for the United States 

34 Government to— 

35 (1) maintain an archive of land remote sensing data for historical, 

36 scientific, and technical purposes, including long-term global environ37 mental monitoring; 

38 (2) control the content and scope of the archive; and 

39 (3) ensure the quality, integrity, and continuity of the archive. 

40 (b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consulta41 tion with the Landsat Program Management, shall provide for long-term 


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1 storage, maintenance, and upgrading of a basic, global, land remote sensing 

2 data set (hereafter in this section referred to as the ‘‘basic data set’’) and 

3 shall follow reasonable archival practices to ensure proper storage and pres4 ervation of the basic data set and timely access for parties requesting data. 

5 (c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In determining 

6 the initial content of, or in upgrading, the basic data set, the Secretary of 

7 the Interior shall— 

8 (1) use as a baseline the data archived on October 28, 1992; 

9 (2) take into account future technical and scientific developments 

10 and needs, paying particular attention to the anticipated data require11 ments of global environmental change research; 

12 (3) consult with and seek the advice of users and producers of re13 mote sensing data and data products; 

14 (4) consider the need for data which may be duplicative in terms of 

15 geographical coverage but which differ in terms of season, spectral 

16 bands, resolution, or other relevant factors; 

17 (5) include, as the Secretary of the Interior considers appropriate, 

18 unenhanced data generated either by the Landsat system, pursuant to 

19 subchapter II, or by licensees under subchapter III; 

20 (6) include, as the Secretary of the Interior considers appropriate, 

21 data collected by foreign ground stations or by foreign remote sensing 

22 space systems; and 

23 (7) ensure that the content of the archive is developed in accordance 

24 with section 60146 of this title. 

25 (d) PUBLIC DOMAIN.—After the expiration of any exclusive right to sell, 

26 or after relinquishment of such right, the data provided to the National Sat27 ellite Land Remote Sensing Data Archive shall be in the public domain and 

28 shall be made available to requesting parties by the Secretary of the Interior 

29 at the cost of fulfilling user requests. 

30 § 60143. Nonreproduction 

31 Unenhanced data distributed by any licensee under subchapter III may 

32 be sold on the condition that such data will not be reproduced or dissemi33 nated by the purchaser for commercial purposes. 

34 § 60144. Reimbursement for assistance 

35 The Administrator, the Secretary of Defense, and the heads of other 

36 United States Government agencies may provide assistance to land remote 

37 sensing system operators under the provisions of this chapter. Substantial 

38 assistance shall be reimbursed by the operator, except as otherwise provided 

39 by law. 


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1 § 60145. Acquisition of equipment 

2 The Landsat Program Management may, by means of a competitive proc3 ess, allow a licensee under subchapter III or any other private party to buy, 

4 lease, or otherwise acquire the use of equipment from the Landsat system, 

5 when such equipment is no longer needed for the operation of such system 

6 or for the sale of data from such system. Officials of other United States 

7 Government civilian agencies are authorized and encouraged to cooperate 

8 with the Secretary in carrying out this section. 

9 § 60146. Radio frequency allocation 

10 (a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.—To the 

11 extent required by the Communications Act of 1934 (47 U.S.C. 151 et 

12 seq.), an application shall be filed with the Federal Communications Com13 mission for any radio facilities involved with commercial remote sensing 

14 space systems licensed under subchapter III. 

15 (b) DEADLINE FOR FCC ACTION.—It is the intent of Congress that the 

16 Federal Communications Commission complete the radio licensing process 

17 under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the 

18 application of any private sector party or consortium operator of any com19 mercial land remote sensing space system subject to this chapter, within 

20 120 days of the receipt of an application for such licensing. If final action 

21 has not occurred within 120 days of the receipt of such an application, the 

22 Federal Communications Commission shall inform the applicant of any 

23 pending issues and of actions required to resolve them. 

24 (c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYSTEMS.— 

25 Authority shall not be required from the Federal Communications Commis26 sion for the development and construction of any United States land remote 

27 sensing space system (or component thereof), other than radio transmitting 

28 facilities or components, while any licensing determination is being made. 

29 (d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC IN30 TEREST.—Frequency allocations made pursuant to this section by the Fed31 eral Communications Commission shall be consistent with international obli32 gations and with the public interest. 

33 § 60147. Consultation 

34 (a) CONSULTATION WITH SECRETARY OF DEFENSE.—The Secretary and 

35 the Landsat Program Management shall consult with the Secretary of De36 fense on all matters under this chapter affecting national security. The Sec37 retary of Defense shall be responsible for determining those conditions, con38 sistent with this chapter, necessary to meet national security concerns of the 

39 United States and for notifying the Secretary and the Landsat Program 

40 Management promptly of such conditions. 

41 (b) CONSULTATION WITH SECRETARY OF STATE.— 


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1 (1) IN GENERAL.—The Secretary and the Landsat Program Man2 agement shall consult with the Secretary of State on all matters under 

3 this chapter affecting international obligations. The Secretary of State 

4 shall be responsible for determining those conditions, consistent with 

5 this chapter, necessary to meet international obligations and policies of 

6 the United States and for notifying promptly the Secretary and the 

7 Landsat Program Management of such conditions. 

8 (2) INTERNATIONAL AID.—Appropriate United States Government 

9 agencies are authorized and encouraged to provide remote sensing data, 

10 technology, and training to developing nations as a component of pro11 grams of international aid. 

12 (3) REPORTING DISCRIMINATORY DISTRIBUTION.—The Secretary of 

13 State shall promptly report to the Secretary and Landsat Program 

14 Management any instances outside the United States of discriminatory 

15 distribution of Landsat data. 

16 (c) STATUS REPORT.—The Landsat Program Management shall, as often 

17 as necessary, provide to Congress complete and updated information about 

18 the status of ongoing operations of the Landsat system, including timely no19 tification of decisions made with respect to the Landsat system in order to 

20 meet national security concerns and international obligations and policies of 

21 the United States Government. 

22 (d) REIMBURSEMENTS.—If, as a result of technical modifications imposed 

23 on a licensee under subchapter III on the basis of national security con24 cerns, the Secretary, in consultation with the Secretary of Defense or with 

25 other Federal agencies, determines that additional costs will be incurred by 

26 the licensee, or that past development costs (including the cost of capital) 

27 will not be recovered by the licensee, the Secretary may require the agency 

28 or agencies requesting such technical modifications to reimburse the licensee 

29 for such additional or development costs, but not for anticipated profits. Re30 imbursements may cover costs associated with required changes in system 

31 performance, but not costs ordinarily associated with doing business abroad. 

32 § 60148. Enforcement 

33 (a) IN GENERAL.—In order to ensure that unenhanced data from the 

34 Landsat system received solely for noncommercial purposes are not used for 

35 any commercial purpose, the Secretary (in collaboration with private sector 

36 entities responsible for the marketing and distribution of unenhanced data 

37 generated by the Landsat system) shall develop and implement a system for 

38 enforcing this prohibition, in the event that unenhanced data from the 

39 Landsat system are made available for noncommercial purposes at a dif40 ferent price than such data are made available for other purposes. 


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1 (b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the Secretary 

2 may impose any of the enforcement mechanisms described in subsection (c) 

3 against a person that— 

4 (1) receives unenhanced data from the Landsat system under this 

5 chapter solely for noncommercial purposes (and at a different price 

6 than the price at which such data are made available for other pur7 poses); and 

8 (2) uses such data for other than noncommercial purposes. 

9 (c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms referred to 

10 in subsection (b) may include civil penalties of not more than $10,000 (per 

11 day per violation), denial of further unenhanced data purchasing privileges, 

12 and any other penalties or restrictions the Secretary considers necessary to 

13 ensure, to the greatest extent practicable, that unenhanced data provided 

14 for noncommercial purposes are not used to unfairly compete in the com15 mercial market against private sector entities not eligible for data at the 

16 cost of fulfilling user requests. 

17 (d) PROCEDURES AND REGULATIONS.—The Secretary shall issue any reg18 ulations necessary to carry out this section and shall establish standards 

19 and procedures governing the imposition of enforcement mechanisms under 

20 subsection (b). The standards and procedures shall include a procedure for 

21 potentially aggrieved parties to file formal protests with the Secretary alleg22 ing instances where such unenhanced data have been, or are being, used for 

23 commercial purposes in violation of the terms of receipt of such data. The 

24 Secretary shall promptly act to investigate any such protest, and shall re25 port annually to Congress on instances of such violations. 

26 SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF 

27 WEATHER SATELLITES 

28 § 60161. Prohibition 

29 Neither the President nor any other official of the Government shall make 

30 any effort to lease, sell, or transfer to the private sector, or commercialize, 

31 any portion of the weather satellite systems operated by the Department of 

32 Commerce or any successor agency. 

33 § 60162. Future considerations 

34 Regardless of any change in circumstances subsequent to October 28, 

35 1992, even if such change makes it appear to be in the national interest 

36 to commercialize weather satellites, neither the President nor any official 

37 shall take any action prohibited by section 60161 of this title unless this 

38 subchapter has first been repealed. 

39 CHAPTER 603—REMOTE SENSING 

Sec. 

60301. Definitions. 

60302. General responsibilities. 


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60303. Pilot projects to encourage public sector applications. 

60304. Program evaluation. 

60305. Data availability. 

60306. Education. 

1 § 60301. Definitions 

2 In this chapter: 

3 (1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial information’’ 

4 means knowledge of the nature and distribution of physical and cul5 tural features on the landscape based on analysis of data from airborne 

6 or spaceborne platforms or other types and sources of data. 

7 (2) HIGH RESOLUTION.—The term ‘‘high resolution’’ means resolu8 tion better than five meters. 

9 (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of 

10 higher education’’ has the meaning given the term in section 101(a) 

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

12 § 60302. General responsibilities 

13 The Administrator shall— 

14 (1) develop a sustained relationship with the United States commer15 cial remote sensing industry and, consistent with applicable policies and 

16 law, to the maximum practicable, rely on their services; and 

17 (2) in conjunction with United States industry and universities, re18 search, develop, and demonstrate prototype Earth science applications 

19 to enhance Federal, State, local, and tribal governments’ use of govern20 ment and commercial remote sensing data, technologies, and other 

21 sources of geospatial information for improved decision support to ad22 dress their needs. 

23 § 60303. Pilot projects to encourage public sector applica24 tions 

25 (a) IN GENERAL.—The Administrator shall establish a program of grants 

26 for competitively awarded pilot projects to explore the integrated use of 

27 sources of remote sensing and other geospatial information to address State, 

28 local, regional, and tribal agency needs. 

29 (b) PREFERRED PROJECTS.—In awarding grants under this section, the 

30 Administrator shall give preference to projects that— 

31 (1) make use of commercial data sets, including high resolution com32 mercial satellite imagery and derived satellite data products, existing 

33 public data sets where commercial data sets are not available or appli34 cable, or the fusion of such data sets; 

35 (2) integrate multiple sources of geospatial information, such as geo36 graphic information system data, satellite-provided positioning data, 

37 and remotely sensed data, in innovative ways; 

38 (3) include funds or in-kind contributions from non-Federal sources; 


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1 (4) involve the participation of commercial entities that process raw 

2 or lightly processed data, often merging that data with other geospatial 

3 information, to create data products that have significant value added 

4 to the original data; and 

5 (5) taken together demonstrate as diverse a set of public sector ap6 plications as possible. 

7 (c) OPPORTUNITIES.—In carrying out this section, the Administrator 

8 shall seek opportunities to assist— 

9 (1) in the development of commercial applications potentially avail10 able from the remote sensing industry; and 

11 (2) State, local, regional, and tribal agencies in applying remote 

12 sensing and other geospatial information technologies for growth man13 agement. 

14 (d) DURATION.—Assistance for a pilot project under subsection (a) shall 

15 be provided for a period not to exceed 3 years. 

16 (e) REPORT.—Each recipient of a grant under subsection (a) shall trans17 mit a report to the Administrator on the results of the pilot project within 

18 180 days of the completion of that project. 

19 (f) WORKSHOP.—Each recipient of a grant under subsection (a) shall, not 

20 later than 180 days after the completion of the pilot project, conduct at 

21 least one workshop for potential users to disseminate the lessons learned 

22 from the pilot project as widely as feasible. 

23 (g) REGULATIONS.—The Administrator shall issue regulations estab24 lishing application, selection, and implementation procedures for pilot 

25 projects, and guidelines for reports and workshops required by this section. 

26 § 60304. Program evaluation 

27 (a) ADVISORY COMMITTEE.—The Administrator shall establish an advi28 sory committee, consisting of individuals with appropriate expertise in State, 

29 local, regional, and tribal agencies, the university research community, and 

30 the remote sensing and other geospatial information industries, to monitor 

31 the program established under section 60303 of this title. The advisory com32 mittee shall consult with the Federal Geographic Data Committee and other 

33 appropriate industry representatives and organizations. Notwithstanding 

34 section 14 of the Federal Advisory Committee Act (5 App. U.S.C.), the ad35 visory committee established under this subsection shall remain in effect 

36 until the termination of the program under section 60303 of this title. 

37 (b) EFFECTIVENESS EVALUATION.—Not later than December 31, 2009, 

38 the Administrator shall transmit to Congress an evaluation of the effective39 ness of the program established under section 60303 of this title in explor40 ing and promoting the integrated use of sources of remote sensing and other 


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1 geospatial information to address State, local, regional, and tribal agency 

2 needs. Such evaluation shall have been conducted by an independent entity. 

3 § 60305. Data availability 

4 The Administrator shall ensure that the results of each of the pilot 

5 projects completed under section 60303 of this title shall be retrievable 

6 through an electronic, internet-accessible database. 

7 § 60306. Education 

8 The Administrator shall establish an educational outreach program to in9 crease awareness at institutions of higher education and State, local, re10 gional, and tribal agencies of the potential applications of remote sensing 

11 and other geospatial information and awareness of the need for geospatial 

12 workforce development. 

13 Subtitle VII—Access to Space 

Chapter Sec. 

701. Use of Space Shuttle or Alternatives ................................................ 70101 

703. Shuttle Pricing Policy for Commercial and Foreign Users ...... 70301 

705. Human Space Flight ................................................................................ 70501 

707. Human Space Flight Independent Investigation Commission 70701 

14 CHAPTER 701—USE OF SPACE SHUTTLE OR 

15 ALTERNATIVES 

Sec. 

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

shuttle. 

70102. Space shuttle use policy. 

70103. Commercial payloads on space shuttle. 

16 § 70101. Recovery of fair value of placing Department of De17 fense payloads in orbit with space shuttle 

18 Notwithstanding any other provision of law, or any interagency agree19 ment, the Administrator shall charge such prices as are necessary to recover 

20 the fair value of placing Department of Defense payloads into orbit by 

21 means of the space shuttle. 

22 § 70102. Space shuttle use policy 

23 (a) USE POLICY.— 

24 (1) IN GENERAL.— 

25 (A) POLICY.—It shall be the policy of the United States to use 

26 the space shuttle— 

27 (i) for purposes that require a human presence; 

28 (ii) for purposes that require the unique capabilities of the 

29 space shuttle; or 

30 (iii) when other compelling circumstances exist. 

31 (B) DEFINITION OF COMPELLING CIRCUMSTANCES.—In this 

32 paragraph, the term ‘‘compelling circumstances’’ includes, but is 

33 not limited to, occasions when the Administrator determines, in 

34 consultation with the Secretary of Defense and the Secretary of 


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1 State, that important national security or foreign policy interests 

2 would be served by a shuttle launch. 

3 (2) USING AVAILABLE CARGO SPACE FOR SECONDARY PAYLOADS.— 

4 The policy stated in paragraph (1) shall not preclude the use of avail5 able cargo space, on a space shuttle mission otherwise consistent with 

6 the policy described in paragraph (1), for the purpose of carrying sec7 ondary payloads (as defined by the Administrator) that do not require 

8 a human presence if such payloads are consistent with the require9 ments of research, development, demonstration, scientific, commercial, 

10 and educational programs authorized by the Administrator. 

11 (b) ANNUAL REPORT.—At least annually, the Administrator shall submit 

12 to Congress a report certifying that the payloads scheduled to be launched 

13 on the space shuttle for the next 4 years are consistent with the policy set 

14 forth in subsection (a)(1). For each payload scheduled to be launched from 

15 the space shuttle that does not require a human presence, the Administrator 

16 shall, in the certified report to Congress, state the specific circumstances 

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

18 scheduled reports to Congress, any additions are made to the list of certified 

19 payloads intended to be launched from the shuttle, the Administrator shall 

20 inform Congress of the additions and the reasons therefor within 45 days 

21 of the change. 

22 (c) ADMINISTRATION PAYLOADS.—The report described in subsection (b) 

23 shall also include those Administration payloads designed solely to fly on the 

24 space shuttle which have begun the phase C/D of its development cycle. 

25 § 70103. Commercial payloads on space shuttle 

26 (a) DEFINITIONS.—In this section: 

27 (1) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi28 cle constructed for the purpose of operating in, or placing a payload 

29 in, outer space. 

30 (2) PAYLOAD.—The term ‘‘payload’’ means an object which a person 

31 undertakes to place in outer space by means of a launch vehicle, and 

32 includes subcomponents of the launch vehicle specifically designed or 

33 adapted for that object. 

34 (b) IN GENERAL.—Commercial payloads may not be accepted for launch 

35 as primary payloads on the space shuttle unless the Administrator deter36 mines that— 

37 (1) the payload requires the unique capabilities of the space shuttle; 

38 or 

39 (2) launching of the payload on the space shuttle is important for 

40 either national security or foreign policy purposes. 


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1 CHAPTER 703—SHUTTLE PRICING POLICY FOR 

2 COMMERCIAL AND FOREIGN USERS 

Sec. 

70301. Congressional findings and declarations. 

70302. Purpose, policy, and goals. 

70303. Definition of additive cost. 

70304. Duties of Administrator. 

3 § 70301. Congressional findings and declarations 

4 Congress finds and declares that— 

5 (1) the Space Transportation System is a vital element of the United 

6 States space program, contributing to the United States leadership in 

7 space research, technology, and development; 

8 (2) the Space Transportation System is the primary space launch 

9 system for both United States national security and civil government 

10 missions; 

11 (3) the Space Transportation System contributes to the expansion of 

12 United States private sector investment and involvement in space and 

13 therefore should serve commercial users; 

14 (4) the availability of the Space Transportation System to foreign 

15 users for peaceful purposes is an important means of promoting inter16 national cooperative activities in the national interest and in maintain17 ing access to space for activities which enhance the security and welfare 

18 of humankind; 

19 (5) the United States is committed to maintaining world leadership 

20 in space transportation; 

21 (6) making the Space Transportation System fully operational and 

22 cost effective in providing routine access to space will maximize the na23 tional economic benefits of the system; and 

24 (7) national goals and the objectives for the Space Transportation 

25 System can be furthered by a stable and fair pricing policy for the 

26 Space Transportation System. 

27 § 70302. Purpose, policy, and goals 

28 The purpose of this chapter is to set, for commercial and foreign users, 

29 the reimbursement pricing policy for the Space Transportation System that 

30 is consistent with the findings included in section 70301 of this title, en31 courages the full and effective use of space, and is designed to achieve the 

32 following goals: 

33 (1) The preservation of the role of the United States as a leader in 

34 space research, technology, and development. 

35 (2) The efficient and cost effective use of the Space Transportation 

36 System. 

37 (3) The achievement of greatly increased commercial space activity. 


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1 (4) The enhancement of the international competitive position of the 

2 United States. 

3 § 70303. Definition of additive cost 

4 In this chapter, the term ‘‘additive cost’’ means the average direct and 

5 indirect costs to the Administration of providing additional flights of the 

6 Space Transportation System beyond the costs associated with those flights 

7 necessary to meet the space transportation needs of the United States Gov8 ernment. 

9 § 70304. Duties of Administrator 

10 (a) ESTABLISHMENT AND IMPLEMENTATION OF REIMBURSEMENT RE11 COVERY SYSTEM.—The Administrator shall establish and implement a pric12 ing system to recover reimbursement in accordance with the pricing policy 

13 under section 70302 of this title from each commercial or foreign user of 

14 the Space Transportation System, which, except as provided in subsections 

15 (c), (d), and (e), shall include a base price of not less than $74,000,000 

16 for each flight of the Space Transportation System in 1982 dollars. 

17 (b) REPORTS TO CONGRESS.—Each year the Administrator shall submit 

18 to the President of the Senate, the Speaker of the House of Representatives, 

19 the Committee on Commerce, Science, and Transportation of the Senate, 

20 and the Committee on Science and Technology of the House of Representa21 tives a report, transmitted contemporaneously with the annual budget re22 quest of the President, which shall inform Congress how the policy goals 

23 contained in section 70302 of this title are being furthered by the shuttle 

24 price for foreign and commercial users. 

25 (c) REDUCTION OF BASE PRICE.— 

26 (1) AUTHORITY TO REDUCE.—If at any time the Administrator finds 

27 that the policy goals contained in section 70302 of this title are not 

28 being achieved, the Administrator shall have authority to reduce the 

29 base price established in subsection (a) after 45 days following receipt 

30 by the President of the Senate, the Speaker of the House of Represent31 atives, the Committee on Commerce, Science, and Transportation of 

32 the Senate, and the Committee on Science and Technology of the 

33 House of Representatives of a notice by the Administrator containing 

34 a description of the proposed reduction together with a full and com35 plete statement of the facts and circumstances which necessitate such 

36 proposed reduction. 

37 (2) MINIMUM PRICE.—In no case shall the minimum price estab38 lished under paragraph (1) be less than additive cost. 

39 (d) LOW OR NO-COST FLIGHTS.—The Administrator may set a price 

40 lower than the price determined under subsection (a) or (c), or provide no41 cost flights, for any commercial or foreign user of the Space Transportation 


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1 System that is involved in research, development, or demonstration pro2 grams with the Administration. 

3 (e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of sub4 section (a), the Administrator shall have the authority to offer reasonable 

5 customer incentives consistent with the policy goals in section 70302 of this 

6 title. 

7 CHAPTER 705—HUMAN SPACE FLIGHT 

Sec. 

70501. Space shuttle follow-on. 

70502. Requirements. 

70503. Ground-based analog capabilities. 

70504. International Space Station completion. 

70505. International Space Station research. 

70506. National laboratory designation. 

8 § 70501. Space shuttle follow-on 

9 (a) POLICY STATEMENT.—It is the policy of the United States to possess 

10 the capability for human access to space on a continuous basis. 

11 (b) PROGRESS REPORT.—Not later than 180 days after December 30, 

12 2005, and annually thereafter, the Administrator shall transmit a report to 

13 the Committee on Science and Technology of the House of Representatives 

14 and the Committee on Commerce, Science, and Transportation of the Sen15 ate describing the progress being made toward developing the Crew Explo16 ration Vehicle and the Crew Launch Vehicle and the estimated time before 

17 they will demonstrate crewed, orbital spaceflight. 

18 (c) COMPLIANCE REPORT.—If, 1 year before the final planned flight of 

19 the space shuttle orbiter, the United States has not demonstrated a replace20 ment human space flight system, and the United States cannot uphold the 

21 policy described in subsection (a), the Administrator shall transmit a report 

22 to the Committee on Science and Technology of the House of Representa23 tives and the Committee on Commerce, Science, and Transportation of the 

24 Senate describing— 

25 (1) strategic risks to the United States associated with the failure 

26 to uphold the policy described in subsection (a); 

27 (2) the estimated length of time during which the United States will 

28 not have its own human access to space; 

29 (3) what steps will be taken to shorten that length of time; and 

30 (4) what other means will be used to allow human access to space 

31 during that time. 

32 § 70502. Requirements 

33 The Administrator shall— 

34 (1) construct an architecture and implementation plan for the Ad35 ministration’s human exploration program that is not critically depend36 ent on the achievement of milestones by fixed dates; 


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1 (2) implement an exploration technology development program to en2 able lunar human and robotic operations consistent with section 

3 20302(b) of this title, including surface power to use on the Moon and 

4 other locations; 

5 (3) conduct an in-situ resource utilization technology program to de6 velop the capability to use space resources to increase independence 

7 from Earth, and sustain exploration beyond low-Earth orbit; and 

8 (4) pursue aggressively automated rendezvous and docking capabili9 ties that can support the International Space Station and other mission 

10 requirements. 

11 § 70503. Ground-based analog capabilities 

12 (a) IN GENERAL.—The Administrator may establish a ground-based ana13 log capability in remote United States locations in order to assist in the de14 velopment of lunar operations, life support, and in-situ resource utilization 

15 experience and capabilities. 

16 (b) ENVIRONMENTAL CHARACTERISTICS.—The Administrator shall select 

17 locations for the activities described in subsection (a) that— 

18 (1) are regularly accessible; 

19 (2) have significant temperature extremes and range; and 

20 (3) have access to energy and natural resources (including geo21 thermal, permafrost, volcanic, or other potential resources). 

22 (c) INVOLVEMENT OF LOCAL POPULATIONS AND PRIVATE SECTOR PART23 NERS.—In carrying out this section, the Administrator shall involve local 

24 populations, academia, and industrial partners as much as possible to en25 sure that ground-based benefits and applications are encouraged and devel26 oped. 

27 § 70504. International Space Station completion 

28 (a) POLICY.—It is the policy of the United States to achieve diverse and 

29 growing utilization of, and benefits from, the International Space Station. 

30 (b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.—The 

31 Administrator shall ensure that the International Space Station will— 

32 (1) be assembled and operated in a manner that fulfills international 

33 partner agreements, as long as the Administrator determines that the 

34 shuttle can safely enable the United States to do so; 

35 (2) be used for a diverse range of microgravity research, including 

36 fundamental, applied, and commercial research, consistent with section 

37 40704 of this title; 

38 (3) have an ability to support a crew size of at least 6 persons, un39 less the Administrator transmits to the Committee on Science and 

40 Technology of the House of Representatives and the Committee on 

41 Commerce, Science, and Transportation of the Senate not later than 


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1 60 days after December 30, 2005, a report explaining why such a re2 quirement should not be met, the impact of not meeting the require3 ment on the International Space Station research agenda and oper4 ations and international partner agreements, and what additional fund5 ing or other steps would be required to have an ability to support a 

6 crew size of at least 6 persons; 

7 (4) support Crew Exploration Vehicle docking and automated dock8 ing of cargo vehicles or modules launched by either heavy-lift or com9 mercially-developed launch vehicles; 

10 (5) support any diagnostic human research, on-orbit characterization 

11 of molecular crystal growth, cellular research, and other research that 

12 the Administration believes is necessary to conduct, but for which the 

13 Administration lacks the capacity to return the materials that need to 

14 be analyzed to Earth; and 

15 (6) be operated at an appropriate risk level. 

16 (c) CONTINGENCIES.— 

17 (1) POLICY.—The Administrator shall ensure that the International 

18 Space Station can have available, if needed, sufficient logistics and on19 orbit capabilities to support any potential period during which the 

20 space shuttle or its follow-on crew and cargo systems are unavailable, 

21 and can have available, if needed, sufficient surge delivery capability or 

22 prepositioning of spares and other supplies needed to accommodate any 

23 such hiatus. 

24 (2) PLAN.—Not later than 60 days after December 30, 2005, and 

25 before making any change in the International Space Station assembly 

26 sequence in effect on December 30, 2005, the Administrator shall 

27 transmit to the Committee on Science and Technology of the House of 

28 Representatives and the Committee on Commerce, Science, and Trans29 portation of the Senate a plan to carry out the policy described in para30 graph (1). 

31 § 70505. International Space Station research 

32 The Administrator shall— 

33 (1) carry out a program of microgravity research consistent with sec34 tion 40704 of this title; 

35 (2) consider the need for a life sciences centrifuge and any associated 

36 holding facilities; and 

37 (3) not later than 90 days after December 30, 2005, transmit to the 

38 Committee on Science and Technology of the House of Representatives 

39 and the Committee on Commerce, Science, and Transportation of the 

40 Senate the research plan for Administration utilization of the Inter41 national Space Station and the proposed final configuration of the 


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1 International Space Station, which shall include an identification of 

2 microgravity research that can be performed in ground-based facilities 

3 and then validated in space and an assessment of the impact of having 

4 or not having a life sciences centrifuge aboard the International Space 

5 Station. 

6 § 70506. National laboratory designation 

7 (a) DEFINITION OF UNITED STATES SEGMENT OF THE INTERNATIONAL

8 SPACE STATION.—In this section the term ‘‘United States segment of the 

9 International Space Station’’ means those elements of the International 

10 Space Station manufactured— 

11 (1) by the United States; or 

12 (2) for the United States by other nations in exchange for funds or 

13 launch services. 

14 (b) DESIGNATION.—To further the policy described in section 70501(a) 

15 of this title, the United States segment of the International Space Station 

16 is hereby designated a national laboratory. 

17 (c) MANAGEMENT.— 

18 (1) PARTNERSHIPS.—The Administrator shall seek to increase the 

19 utilization of the International Space Station by other Federal entities 

20 and the private sector through partnerships, cost-sharing agreements, 

21 and other arrangements that would supplement Administration funding 

22 of the International Space Station. 

23 (2) CONTRACTING.—The Administrator may enter into a contract 

24 with a nongovernmental entity to operate the International Space Sta25 tion national laboratory, subject to all applicable Federal laws and reg26 ulations. 

27 (d) PLAN.—Not later than 1 year after December 30, 2005, the Adminis28 trator shall transmit to the Committee on Science and Technology of the 

29 House of Representatives and the Committee on Commerce, Science, and 

30 Transportation of the Senate a plan describing how the national laboratory 

31 will be operated. At a minimum, the plan shall describe— 

32 (1) any changes in the research plan transmitted under section 

33 70505(3) of this title and any other changes in the operation of the 

34 International Space Station resulting from the designation; 

35 (2) any ground-based Administration operations or buildings that 

36 will be considered part of the national laboratory; 

37 (3) the management structure for the laboratory, including the ra38 tionale for contracting or not contracting with a nongovernmental enti39 ty to operate the International Space Station national laboratory; 

40 (4) the workforce that will be considered employees of the national 

41 laboratory; 


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1 (5) how the Administration will seek the participation of other par2 ties described in subsection (c)(1); and 

3 (6) a schedule for implementing any changes in International Space 

4 Station operations, utilization, or management described in the plan. 

5 CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT 

6 INVESTIGATION COMMISSION 

Sec. 

70701. Definitions. 

70702. Establishment of Commission. 

70703. Tasks of Commission. 

70704. Composition of Commission. 

70705. Powers of Commission. 

70706. Public meetings, information, and hearings. 

70707. Staff of Commission. 

70708. Compensation and travel expenses. 

70709. Security clearances for Commission members and staff. 

70710. Reporting requirements and termination. 

7 § 70701. Definitions 

8 In this chapter: 

9 (1) COMMISSION.—The term ‘‘Commission’’ means a Commission es10 tablished under this chapter. 

11 (2) INCIDENT.—The term ‘‘incident’’ means either an accident or a 

12 deliberate act. 

13 § 70702. Establishment of Commission 

14 (a) ESTABLISHMENT.—The President shall establish an independent, 

15 nonpartisan Commission within the executive branch to investigate any inci16 dent that results in the loss of— 

17 (1) a space shuttle; 

18 (2) the International Space Station or its operational viability; 

19 (3) any other United States space vehicle carrying humans that is 

20 owned by the Federal Government or that is being used pursuant to 

21 a contract with the Federal Government; or 

22 (4) a crew member or passenger of any space vehicle described in 

23 this subsection. 

24 (b) DEADLINE FOR ESTABLISHMENT.—The President shall establish a 

25 Commission within 7 days after an incident specified in subsection (a). 

26 § 70703. Tasks of Commission 

27 A Commission established pursuant to this chapter shall, to the extent 

28 possible, undertake the following tasks: 

29 (1) INVESTIGATION.—Investigate the incident. 

30 (2) CAUSE.—Determine the cause of the incident. 

31 (3) CONTRIBUTING FACTORS.—Identify all contributing factors to 

32 the cause of the incident. 

33 (4) RECOMMENDATIONS.—Make recommendations for corrective ac34 tions. 


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1 (5) ADDITIONAL FINDINGS OR RECOMMENDATIONS.—Provide any 

2 additional findings or recommendations deemed by the Commission to 

3 be important, whether or not they are related to the specific incident 

4 under investigation. 

5 (6) REPORT.—Prepare a report to Congress, the President, and the 

6 public. 

7 § 70704. Composition of Commission 

8 (a) NUMBER OF COMMISSIONERS.—A Commission established pursuant 

9 to this chapter shall consist of 15 members. 

10 (b) SELECTION.—The members of a Commission shall be chosen in the 

11 following manner: 

12 (1) APPOINTMENT BY PRESIDENT.—The President shall appoint the 

13 members, and shall designate the Chairman and Vice Chairman of the 

14 Commission from among its members. 

15 (2) LISTS PROVIDED BY LEADERS OF CONGRESS.—The majority 

16 leader of the Senate, the minority leader of the Senate, the Speaker 

17 of the House of Representatives, and the minority leader of the House 

18 of Representatives shall each provide to the President a list of can19 didates for membership on the Commission. The President may select 

20 one of the candidates from each of the 4 lists for membership on the 

21 Commission. 

22 (3) PROHIBITION REGARDING FEDERAL OFFICERS AND EMPLOYEES

23 AND MEMBERS OF CONGRESS.—No officer or employee of the Federal 

24 Government or Member of Congress shall serve as a member of the 

25 Commission. 

26 (4) PROHIBITION REGARDING CONTRACTORS.—No member of the 

27 Commission shall have, or have pending, a contractual relationship with 

28 the Administration. 

29 (5) PROHIBITION REGARDING CONFLICT OF INTEREST.—The Presi30 dent shall not appoint any individual as a member of a Commission 

31 under this section who has a current or former relationship with the 

32 Administrator that the President determines would constitute a conflict 

33 of interest. 

34 (6) EXPERIENCE.—To the extent practicable, the President shall en35 sure that the members of the Commission include some individuals with 

36 experience relative to human carrying spacecraft, as well as some indi37 viduals with investigative experience and some individuals with legal ex38 perience. 

39 (7) DIVERSITY.—To the extent practicable, the President shall seek 

40 diversity in the membership of the Commission. 


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1 (c) DEADLINE FOR APPOINTMENT.—All members of a Commission estab2 lished under this chapter shall be appointed no later than 30 days after the 

3 incident. 

4 (d) INITIAL MEETING.—A Commission shall meet and begin operations 

5 as soon as practicable. 

6 (e) SUBSEQUENT MEETINGS.—After its initial meeting, a Commission 

7 shall meet upon the call of the Chairman or a majority of its members. 

8 (f) QUORUM.—Eight members of a Commission shall constitute a 

9 quorum. 

10 (g) VACANCIES.—Any vacancy in a Commission shall not affect its pow11 ers, but shall be filled in the same manner in which the original appoint12 ment was made. 

13 § 70705. Powers of Commission 

14 (a) HEARINGS AND EVIDENCE.—A Commission or, on the authority of 

15 the Commission, any subcommittee or member thereof, may, for the purpose 

16 of carrying out this chapter— 

17 (1) hold such hearings and sit and act at such times and places, take 

18 such testimony, receive such evidence, administer such oaths; and 

19 (2) require, by subpoena or otherwise, the attendance and testimony 

20 of such witnesses and the production of such books, records, cor21 respondence, memoranda, papers, and documents, 

22 as the Commission or such designated subcommittee or member may deter23 mine advisable. 

24 (b) CONTRACTING.—A Commission may, to such extent and in such 

25 amounts as are provided in appropriation Acts, enter into contracts to en26 able the Commission to discharge its duties under this chapter. 

27 (c) INFORMATION FROM FEDERAL AGENCIES.— 

28 (1) IN GENERAL.—A Commission may secure directly from any exec29 utive department, bureau, agency, board, commission, office, inde30 pendent establishment, or instrumentality of the Government, informa31 tion, suggestions, estimates, and statistics for the purposes of this 

32 chapter. Each department, bureau, agency, board, commission, office, 

33 independent establishment, or instrumentality shall, to the extent au34 thorized by law, furnish such information, suggestions, estimates, and 

35 statistics directly to the Commission, upon request made by the Chair36 man, the chairman of any subcommittee created by a majority of the 

37 Commission, or any member designated by a majority of the Commis38 sion. 

39 (2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Informa40 tion shall only be received, handled, stored, and disseminated by memVerDate Aug 31 2005 03:42 Dec 27, 2007 Jkt 069200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6221 E:\BILLS\H4780.IH H4780

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1 bers of the Commission and its staff consistent with all applicable stat2 utes, regulations, and Executive orders. 

3 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

4 (1) GENERAL SERVICES ADMINISTRATION.—The Administrator of 

5 General Services shall provide to a Commission on a reimbursable basis 

6 administrative support and other services for the performance of the 

7 Commission’s tasks. 

8 (2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the as9 sistance prescribed in paragraph (1), departments and agencies of the 

10 United States may provide to the Commission such services, funds, fa11 cilities, staff, and other support services as they may determine advis12 able and as may be authorized by law. 

13 (3) ADMINISTRATION ENGINEERING AND SAFETY CENTER.—The Ad14 ministration Engineering and Safety Center shall provide data and 

15 technical support as requested by the Commission. 

16 § 70706. Public meetings, information, and hearings 

17 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF RE18 PORTS.—A Commission shall— 

19 (1) hold public hearings and meetings to the extent appropriate; and 

20 (2) release public versions of the reports required under this chapter. 

21 (b) PUBLIC HEARINGS.—Any public hearings of a Commission shall be 

22 conducted in a manner consistent with the protection of information pro23 vided to or developed for or by the Commission as required by any applica24 ble statute, regulation, or Executive order. 

25 § 70707. Staff of Commission 

26 (a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation 

27 with the Vice Chairman, in accordance with rules agreed upon by a Com28 mission, may appoint and fix the compensation of a staff director and such 

29 other personnel as may be necessary to enable the Commission to carry out 

30 its functions. 

31 (b) DETAILEES.—Any Federal Government employee, except for an em32 ployee of the Administration, may be detailed to a Commission without re33 imbursement from the Commission, and such detailee shall retain the rights, 

34 status, and privileges of his or her regular employment without interruption. 

35 (c) CONSULTANT SERVICES.—A Commission may procure the services of 

36 experts and consultants in accordance with section 3109 of title 5, but at 

37 rates not to exceed the daily equivalent of the annual rate of basic pay in 

38 effect for positions at level IV of the Executive Schedule under section 5315 

39 of title 5. An expert or consultant whose services are procured under this 

40 subsection shall disclose any contract or association the expert or consultant 

41 has with the Administration or any Administration contractor. 


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1 § 70708. Compensation and travel expenses 

2 (a) COMPENSATION.—Each member of a Commission may be com3 pensated at a rate not to exceed the daily equivalent of the annual rate of 

4 basic pay in effect for positions at level IV of the Executive Schedule under 

5 section 5315 of title 5 for each day during which that member is engaged 

6 in the actual performance of the duties of the Commission. 

7 (b) TRAVEL EXPENSES.—While away from their homes or regular places 

8 of business in the performance of services for the Commission, members of 

9 a Commission shall be allowed travel expenses, including per diem in lieu 

10 of subsistence, in the same manner as persons employed intermittently in 

11 the Government service are allowed expenses under section 5703 of title 5. 

12 § 70709. Security clearances for Commission members and 

13 staff 

14 The appropriate Federal agencies or departments shall cooperate with a 

15 Commission in expeditiously providing to the Commission members and 

16 staff appropriate security clearances to the extent possible pursuant to exist17 ing procedures and requirements. No person shall be provided with access 

18 to classified information under this chapter without the appropriate security 

19 clearances. 

20 § 70710. Reporting requirements and termination 

21 (a) INTERIM REPORTS.—A Commission may submit to the President and 

22 Congress interim reports containing such findings, conclusions, and rec23 ommendations for corrective actions as have been agreed to by a majority 

24 of Commission members. 

25 (b) FINAL REPORT.—A Commission shall submit to the President and 

26 Congress, and make concurrently available to the public, a final report con27 taining such findings, conclusions, and recommendations for corrective ac28 tions as have been agreed to by a majority of Commission members. Such 

29 report shall include any minority views or opinions not reflected in the ma30 jority report. 

31 (c) TERMINATION.— 

32 (1) IN GENERAL.—A Commission, and all the authorities of this 

33 chapter with respect to that Commission, shall terminate 60 days after 

34 the date on which the final report is submitted under subsection (b). 

35 (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A Com36 mission may use the 60-day period referred to in paragraph (1) for the 

37 purpose of concluding its activities, including providing testimony to 

38 committees of Congress concerning its reports and disseminating the 

39 final report. 


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1 SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS. 

2 (a) TITLE 5.—Section 9811(a)(1)(E) of title 5, United States Code, is 

3 amended by striking ‘‘section 203(c)(2)(A) of the National Aeronautics and 

4 Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))’’ and substituting ‘‘section 

5 20113(b)(1) of title 51’’. 

6 (b) TITLE 31.—Section 1304(a)(3)(D) of title 31, United States Code, 

7 is amended by striking ‘‘section 203 of the National Aeronautics and Space 

8 Act of 1958 (42 U.S.C. 2473)’’ and substituting ‘‘section 20113 of title 

9 51’’. 

10 (c) TITLE 35.—Section 210(a)(7) of title 35, United States Code, is 

11 amended by striking ‘‘section 305 of the National Aeronautics and Space 

12 Act of 1958 (42 U.S.C. 2457)’’ and substituting ‘‘section 20135 of title 

13 51’’. 

14 (d) TRANSFER OF CHAPTERS 701 AND 703 OF TITLE 49, UNITED

15 STATES CODE.— 

16 (1) TITLE 49, UNITED STATES CODE.—Title 49, United States Code, 

17 is amended as follows: 

18 (A) In the analysis for title 49, United States Code, the item 

19 related to subtitle IX is amended to read as follows: ‘‘IX. [TRANSFERRED]’’. 

20 (B) The heading and analysis for subtitle IX of title 49, United 

21 States Code, are amended to read as follows: 

22 ‘‘Subtitle IX—[Transferred] 

‘‘Chapter Sec. 

‘‘701. [Transferred] 

‘‘703. [Transferred]’’. 

23 (2) RENUMBERING AND TRANSFER OF CHAPTERS.—Chapters 701 

24 and 703 of title 49, United States Code, are renumbered as chapters 

25 507 and 509, respectively, of title 51, United States Code, and trans26 ferred so as to appear after chapter 505 of title 51, United States 

27 Code, as enacted by section 3 of this Act. 

28 (3) RENUMBERING OF SECTIONS IN CHAPTER 507 OF TITLE 51, 

29 UNITED STATES CODE.—In chapter 507 of title 51, United States 

30 Code, as renumbered by paragraph (2), and in the chapter analysis, the 

31 sections are renumbered as follows: 

32 (A) Section 70101 is renumbered 50701. 

33 (B) Section 70102 is renumbered 50702. 

34 (C) Section 70103 is renumbered 50703. 

35 (D) Section 70104 is renumbered 50704. 

36 (E) Section 70105 is renumbered 50705. 

37 (F) Section 70105a is renumbered 50706. 

38 (G) Section 70106 is renumbered 50707. 

39 (H) Section 70107 is renumbered 50708. 


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•HR 4780 IH 

1 (I) Section 70108 is renumbered 50709. 

2 (J) Section 70109 is renumbered 50710. 

3 (K) Section 70109a is renumbered 50711. 

4 (L) Section 70110 is renumbered 50712. 

5 (M) Section 70111 is renumbered 50713. 

6 (N) Section 70112 is renumbered 50714. 

7 (O) Section 70113 is renumbered 50715. 

8 (P) Section 70114 is renumbered 50716. 

9 (Q) Section 70115 is renumbered 50717. 

10 (R) Section 70116 is renumbered 50718. 

11 (S) Section 70117 is renumbered 50719. 

12 (T) Section 70118 is renumbered 50720. 

13 (U) Section 70119 is renumbered 50721. 

14 (V) Section 70120 is renumbered 50722. 

15 (W) Section 70121 is renumbered 50723. 

16 (4) RENUMBERING OF SECTIONS IN CHAPTER 509 OF TITLE 51, 

17 UNITED STATES CODE.—In chapter 509 of title 51, United States 

18 Code, as renumbered by paragraph (2), and in the chapter analysis, the 

19 sections are renumbered as follows: 

20 (A) Section 70301 is renumbered 50901. 

21 (B) Section 70302 is renumbered 50902. 

22 (C) Section 70303 is renumbered 50903. 

23 (D) Section 70304 is renumbered 50904. 

24 (E) Section 70305 is renumbered 50905. 

25 (5) CROSS REFERENCES IN CHAPTER 507 OF TITLE 51, UNITED

26 STATES CODE.— 

27 (A) Section 50702(11) of title 51, United States Code, as re28 numbered by paragraph (3), is amended— 

29 (i) by striking ‘‘section 70104(c)’’ and substituting ‘‘section 

30 50704(c)’’; and 

31 (ii) by striking ‘‘section 70105a’’ and substituting ‘‘section 

32 50706’’. 

33 (B) Section 50702(19) of title 51, United States Code, as re34 numbered by paragraph (3), is amended by striking ‘‘section 

35 70120(c)(2)’’ and substituting ‘‘section 50722(c)(2)’’. 

36 (C) Section 50704(a)(2) of title 51, United States Code, as re37 numbered by paragraph (3), is amended by striking ‘‘section 

38 70102(1)(A) or (B)’’ and substituting ‘‘section 50702(1)(A) or 

39 (B)’’. 


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•HR 4780 IH 

1 (D) Section 50704(a)(3) of title 51, United States Code, as re2 numbered by paragraph (3), is amended by striking ‘‘section 

3 70102(1)(C)’’ and substituting ‘‘section 50702(1)(C)’’. 

4 (E) Section 50704(a)(4) of title 51, United States Code, as re5 numbered by paragraph (3), is amended by striking ‘‘section 

6 70102(1)(C)’’ and substituting ‘‘section 50702(1)(C)’’. 

7 (F) Section 50705(b)(5)(A) of title 51, United States Code, as 

8 renumbered by paragraph (3), is amended by striking ‘‘section 

9 70112(a)(2) and (c)’’ and substituting ‘‘section 50714(a)(2) and 

10 (c)’’. 

11 (G) Section 50706(c) of title 51, United States Code, as renum12 bered by paragraph (3), is amended by striking ‘‘section 

13 70105(b)(2)(C)’’ and substituting ‘‘section 50705(b)(2)(C)’’. 

14 (H) Section 50706(i) of title 51, United States Code, as renum15 bered by paragraph (3), is amended by striking ‘‘sections 70106, 

16 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 

17 70121’’ and substituting ‘‘sections 50707, 50708, 50709, 50710, 

18 50712, 50714, 50717, 50718, 50719, and 50723’’. 

19 (I) Section 50707(a) of title 51, United States Code, as renum20 bered by paragraph (3), is amended by striking ‘‘sections 

21 70104(c), 70105, and 70105a’’ and substituting ‘‘sections 

22 50704(c), 50705, and 50706’’. 

23 (J) Section 50708(b)(2) of title 51, United States Code, as re24 numbered by paragraph (3), is amended by striking ‘‘section 

25 70105(c)’’ and substituting ‘‘section 50705(c)’’. 

26 (K) Section 50708(e) of title 51, United States Code, as renum27 bered by paragraph (3), is amended by striking ‘‘section 70110’’ 

28 and substituting ‘‘section 50712’’. 

29 (L) Section 50709(b) of title 51, United States Code, as renum30 bered by paragraph (3), is amended by striking ‘‘section 70110’’ 

31 and substituting ‘‘section 50712’’. 

32 (M) Section 50712(a)(1) of title 51, United States Code, as re33 numbered by paragraph (3), is amended by striking ‘‘section 

34 70105(a) or 70105a’’ and substituting ‘‘section 50705(a) or 

35 50706’’. 

36 (N) Section 50712(a)(2) of title 51, United States Code, as re37 numbered by paragraph (3), is amended by striking ‘‘section 

38 70104(c)’’ and substituting ‘‘section 50704(c)’’. 

39 (O) Section 50712(a)(3)(A) of title 51, United States Code, as 

40 renumbered by paragraph (3), is amended by striking ‘‘section 

41 70107(b) or (c)’’ and substituting ‘‘section 50708(b) or (c)’’. 


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1 (P) Section 50712(a)(3)(B) of title 51, United States Code, as 

2 renumbered by paragraph (3), is amended by striking ‘‘section 

3 70108(a)’’ and substituting ‘‘section 50709(a)’’. 

4 (Q) Section 50715(a)(1)(A) of title 51, United States Code, as 

5 renumbered by paragraph (3), is amended by striking ‘‘section 

6 70112(a)(1)(A)’’ and substituting ‘‘section 50714(a)(1)(A)’’. 

7 (R) Section 50715(a)(2) of title 51, United States Code, as re8 numbered by paragraph (3), is amended— 

9 (i) by striking ‘‘section 70112(a)(1)(A)’’ and substituting 

10 ‘‘section 50714(a)(1)(A)’’; and 

11 (ii) by striking ‘‘section 70112(a)(1)’’ and substituting 

12 ‘‘section 50714(a)(1)’’. 

13 (S) Section 50716 of title 51, United States Code, as renum14 bered by paragraph (3), is amended by striking ‘‘section 

15 70106(b)’’ and substituting ‘‘section 50707(b)’’. 

16 (T) Section 50719(b)(2) of title 51, United States Code, as re17 numbered by paragraph (3), is amended by striking ‘‘the Land 

18 Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’ and 

19 substituting ‘‘chapter 601 of this title’’. 

20 (U) Section 50722(c)(2)(B) of title 51, United States Code, as 

21 renumbered by paragraph (3), is amended by striking ‘‘section 

22 70102’’ and substituting ‘‘section 50702’’. 

23 (6) CROSS REFERENCES IN CHAPTER 509 OF TITLE 51, UNITED

24 STATES CODE.— 

25 (A) Section 50901(1) of title 51, United States Code, as renum26 bered by paragraph (4), is amended by striking ‘‘section 502 of 

27 the National Aeronautics and Space Administration Authorization 

28 Act, Fiscal Year 1993 (15 U.S.C. 5802)’’ and substituting ‘‘sec29 tion 50502 of this title’’. 

30 (B) Section 50904(d)(1) of title 51, United States Code, as re31 numbered by paragraph (4), is amended by striking ‘‘section 303 

32 of this title’’ and substituting ‘‘section 303 of title 49’’. 

33 (7) ANALYSIS FOR SUBTITLE V OF TITLE 51, UNITED STATES

34 CODE.—In title 51, United States Code, as enacted by section 3 of this 

35 Act, the analysis for subtitle V is amended by adding, at the end, the 

36 following items: 

37 ‘‘507. Commercial Space Launch Activities ............................................... 50701

‘‘509. Space Transportation Infrastructure Matching Grants ............ 50901’’. 

38 (8) DEEMED REFERENCES TO TITLE 49, UNITED STATES CODE.—In 

39 title 49, United States Code, references to ‘‘this title’’ are deemed to 

40 refer also to chapters 507 and 509 of title 51, United States Code. 


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1 (e) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZA2 TION ACT OF 2005.—Section 304 of the National Aeronautics and Space 

3 Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 

4 2918) is amended as follows: 

5 (1) Subsection (a)(1) is redesignated as subsection (a) and amended 

6 to read as follows: 

7 ‘‘(a) ASSESSMENT OF CERTAIN MISSIONS.—Not later than 60 days after 

8 the date of enactment of this Act, the Administrator shall carry out an as9 sessment under section 30504 of title 51, United States Code, for at least 

10 the following missions: FAST, TIMED, Cluster, Wind, Geotail, Polar, 

11 TRACE, Ulysses, and Voyager.’’. 

12 (2) Subsection (b) is amended by striking ‘‘subsection (a)(1)’’ and 

13 substituting ‘‘subsection (a)’’. 

14 SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS. 

15 (a) CUTOFF DATE.—This Act replaces certain provisions of law enacted 

16 on or before January 17, 2007. If a law enacted after that date amends 

17 or repeals a provision replaced by this Act, that law is deemed to amend 

18 or repeal, as the case may be, the corresponding provision enacted by this 

19 Act. If a law enacted after that date is otherwise inconsistent with this Act, 

20 it supersedes this Act to the extent of the inconsistency. 

21 (b) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de22 termining whether one provision of law supersedes another based on enact23 ment later in time, the date of enactment of a provision enacted by this Act 

24 is deemed to be the date of enactment of the provision it replaced. 

25 (c) REFERENCES TO PROVISIONS REPLACED.—A reference to a provision 

26 of law replaced by this Act, including a reference in a regulation, order, or 

27 other law, is deemed to refer to the corresponding provision enacted by this 

28 Act. 

29 (d) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

30 regulation, order, or other administrative action in effect under a provision 

31 of law replaced by this Act continues in effect under the corresponding pro32 vision enacted by this Act. 

33 (e) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

34 an offense committed under a provision of law replaced by this Act is 

35 deemed to have been taken or committed under the corresponding provision 

36 enacted by this Act. 

37 SEC. 6. REPEALS. 

38 The following provisions of law are repealed, except with respect to rights 

39 and duties that matured, penalties that were incurred, or proceedings that 

40 were begun before the date of enactment of this Act: 


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•HR 4780 IH 

Schedule of Laws Repealed 

Act Section United States Code 

National Aeronautics and Space Act of 

1958 (Public Law 85–568) ................. 102 ........................................... 42 U.S.C. 2451.

103 ........................................... 42 U.S.C. 2452.

201 ........................................... 42 U.S.C. 2471 (prior).

202 ........................................... 42 U.S.C. 2472.

203 ........................................... 42 U.S.C. 2473.

204 ........................................... 42 U.S.C. 2474.

205 ........................................... 42 U.S.C. 2475.

206 ........................................... 42 U.S.C. 2476.

207 ........................................... 42 U.S.C. 2476a.

208 ........................................... 42 U.S.C. 2476b.

302 ........................................... 42 U.S.C. 2453.

303 ........................................... 42 U.S.C. 2454.

304(a) ...................................... 42 U.S.C. 2455(a).

304(e) ...................................... 42 U.S.C. 2456.

304(f) ....................................... 42 U.S.C. 2456a.

305 ........................................... 42 U.S.C. 2457.

306 ........................................... 42 U.S.C. 2458.

307 ........................................... 42 U.S.C. 2458a.

308 ........................................... 42 U.S.C. 2458b.

309 ........................................... 42 U.S.C. 2458c.

310 ........................................... 42 U.S.C. 2459.

311 ........................................... 42 U.S.C. 2459b.

312 ........................................... 42 U.S.C. 2459c.

313 ........................................... 42 U.S.C. 2459f.

314 ........................................... 42 U.S.C. 2459f–1.

315 ........................................... 42 U.S.C. 2459j.

316 ........................................... 42 U.S.C. 2459k.

317 ........................................... 42 U.S.C. 2459l.

401 ........................................... 42 U.S.C. 2481.

402 ........................................... 42 U.S.C. 2482.

403 ........................................... 42 U.S.C. 2483.

404 ........................................... 42 U.S.C. 2484.

Act of June 15, 1959 (Public Law 86– 

45) ....................................................... 4 ............................................... 42 U.S.C. 2460.

National Aeronautics and Space Administration Authorization Act, 1968 

(Public Law 90–67) ............................ 6 ............................................... 42 U.S.C. 2477.

Joint Resolution of September 29, 1969 

(Public Law 91–76) ............................ 1, 2 .......................................... 42 U.S.C. 2461.

National Aeronautics and Space Administration Authorization Act, 1978 

(Public Law 95–76) ............................ 6 ............................................... 42 U.S.C. 2463.

National Aeronautics and Space Administration Authorization Act, 1983 

(Public Law 97–324) .......................... 106(a) ...................................... 42 U.S.C. 2464.

National Aeronautics and Space Administration Authorization Act of 1986 

(Public Law 99–170) .......................... 201 ........................................... 42 U.S.C. 2466.

202 ........................................... 42 U.S.C. 2466a.

203 ........................................... 42 U.S.C. 2466b.

204 ........................................... 42 U.S.C. 2466c.

National Space Grant College and Fellowship Act (Title II of Public Law 

100–147) ............................................. 202 ........................................... 42 U.S.C. 2486.

203 ........................................... 42 U.S.C. 2486a.

204 ........................................... 42 U.S.C. 2486b.

205 ........................................... 42 U.S.C. 2486c.

206 ........................................... 42 U.S.C. 2486d.

207 ........................................... 42 U.S.C. 2486e.

208 ........................................... 42 U.S.C. 2486f.

209 ........................................... 42 U.S.C. 2486g.

210 ........................................... 42 U.S.C. 2486h.

211 ........................................... 42 U.S.C. 2486i.

213 ........................................... 42 U.S.C. 2486k.

214 ........................................... 42 U.S.C. 2486l.

Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1989 (Public Law 

100–404) ............................................. (par. under heading ‘‘Science, 

Space, and Technology 

Education Trust Fund’’, at 

102 Stat. 1028).

42 U.S.C. 2467.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

Departments of Veterans Affairs and 

Housing and Urban Development, and 

Independent Agencies Appropriations 

Act, 1990 (Public Law 101–144) ....... (pars. under heading ‘‘Small 

and Disadvantaged Business’’, 

at 103 Stat. 863).

42 U.S.C. 2473b.

National Aeronautics and Space Administration Authorization Act, Fiscal 

Year 1991 (Public Law 101–611) ...... 112 ........................................... 42 U.S.C. 2465a.

123 ........................................... (not previously classified).

203 ........................................... 42 U.S.C. 2465c.

206 ........................................... 42 U.S.C. 2465f.

Departments of Veterans Affairs and 

Housing and Urban Development, and 

Independent Agencies Appropriations 

Act, 1992 (Public Law 102–139) ....... (1st par. under heading 

‘‘Administrative Provisions’’, 

at 105 Stat. 771).

42 U.S.C. 2459d.

National Aeronautics and Space Administration Authorization Act, Fiscal 

Year 1992 (Public Law 102–195) ...... 19 ............................................. 42 U.S.C. 2459e.

20 ............................................. 42 U.S.C. 2467a.

21 ............................................. 42 U.S.C. 2473c.

Land Remote Sensing Policy Act of 

1992 (Public Law 102–555) ............... 2 ............................................... 15 U.S.C. 5601.

3 ............................................... 15 U.S.C. 5602.

101 ........................................... 15 U.S.C. 5611.

102 ........................................... 15 U.S.C. 5612.

103 ........................................... 15 U.S.C. 5613.

104 ........................................... 15 U.S.C. 5614.

105 ........................................... 15 U.S.C. 5615.

201 ........................................... 15 U.S.C. 5621.

202 ........................................... 15 U.S.C. 5622.

203 ........................................... 15 U.S.C. 5623.

204 ........................................... 15 U.S.C. 5624.

205 ........................................... 15 U.S.C. 5625.

301 ........................................... 15 U.S.C. 5631.

302 ........................................... 15 U.S.C. 5632.

303 ........................................... 15 U.S.C. 5633.

401 ........................................... 15 U.S.C. 5641.

501 ........................................... 15 U.S.C. 5651.

502 ........................................... 15 U.S.C. 5652.

503 ........................................... 15 U.S.C. 5653.

504 ........................................... 15 U.S.C. 5654.

505 ........................................... 15 U.S.C. 5655.

506 ........................................... 15 U.S.C. 5656.

507 ........................................... 15 U.S.C. 5657.

508 ........................................... 15 U.S.C. 5658.

601 ........................................... 15 U.S.C. 5671.

602 ........................................... 15 U.S.C. 5672.

National Aeronautics and Space Administration Authorization Act, Fiscal 

Year 1993 (Public Law 102–588) ...... 304 ........................................... 42 U.S.C. 2467b.

501 ........................................... 15 U.S.C. 5801.

502 ........................................... 15 U.S.C. 5802.

504 ........................................... 15 U.S.C. 5803.

506 ........................................... 15 U.S.C. 5805.

507 ........................................... 15 U.S.C. 5806.

508 ........................................... 15 U.S.C. 5807.

510 ........................................... 15 U.S.C. 5808.

601 ........................................... 42 U.S.C. 2487.

602 ........................................... 42 U.S.C. 2487a.

603 ........................................... 42 U.S.C. 2487b.

604 ........................................... 42 U.S.C. 2487c.

606 ........................................... 42 U.S.C. 2487e.

607 ........................................... 42 U.S.C. 2487f.

608 ........................................... 42 U.S.C. 2487g.

Commercial Space Act of 1998 (Public 

Law 105–303) ..................................... 2 ............................................... 42 U.S.C. 14701.

101 ........................................... 42 U.S.C. 14711.

104 ........................................... 42 U.S.C. 14712.

105 ........................................... 42 U.S.C. 14713.

106 ........................................... 42 U.S.C. 14714.

107 ........................................... 42 U.S.C. 14715, 15 U.S.C. 

5621, 5622.

201 ........................................... 42 U.S.C. 14731.

202 ........................................... 42 U.S.C. 14732.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

204 ........................................... 42 U.S.C. 14733.

205 ........................................... 42 U.S.C. 14734.

206 ........................................... 42 U.S.C. 14735.

National Aeronautics and Space Administration Authorization Act of 2000 

(Public Law 106–391) ........................ 126 ........................................... 42 U.S.C. 2475a.

301 ........................................... 42 U.S.C. 2459g.

304 ........................................... 42 U.S.C. 2459h.

305 ........................................... 42 U.S.C. 2475b.

325 ........................................... 42 U.S.C. 2473d.

Commercial Reusable In-Space Transportation Act of 2002 (Title IX of 

Public Law 107–248) .......................... 902 ........................................... 42 U.S.C. 14751.

903 ........................................... 42 U.S.C. 14752.

904 ........................................... 42 U.S.C. 14753.

Departments of Veterans Affairs and 

Housing and Urban Development, and 

Independent Agencies Appropriations 

Act, 2003 (Division K of Public Law 

108–7) ................................................. (last par. under heading 

‘‘Administrative Provisions’’, 

at 117 Stat. 520).

42 U.S.C. 2459i.

National Aeronautics and Space Administration Authorization Act of 2005 

(Public Law 109–155) ........................ 101(a) ...................................... 42 U.S.C. 16611(a).

101(b) ...................................... 42 U.S.C. 16611(b).

101(h)(1) ................................. 42 U.S.C. 16611(h)(1).

101(i) ....................................... 42 U.S.C. 16611(i).

103 ........................................... 42 U.S.C. 16613.

105 ........................................... 42 U.S.C. 16614.

107 ........................................... 42 U.S.C. 16615.

110 ........................................... 42 U.S.C. 16618.

202 ........................................... 42 U.S.C. 16631.

203 ........................................... 42 U.S.C. 16632.

204 ........................................... 42 U.S.C. 16633.

205 ........................................... 42 U.S.C. 16634.

301 ........................................... 42 U.S.C. 16651.

304(a) (matter before par. (1)) 42 U.S.C. 16654(a) (matter 

before par. (1)).

304(a)(2) ................................. 42 U.S.C. 16654(a)(2).

305 ........................................... 42 U.S.C. 16655.

306 ........................................... 42 U.S.C. 16656.

311 ........................................... 42 U.S.C. 16671.

312 ........................................... 42 U.S.C. 16672.

313 ........................................... 42 U.S.C. 16673.

314 ........................................... 42 U.S.C. 16674.

315 ........................................... 42 U.S.C. 16675.

316 ........................................... 42 U.S.C. 16676.

401 ........................................... 42 U.S.C. 16701.

411 ........................................... 42 U.S.C. 16711.

421 ........................................... 42 U.S.C. 16721.

422 ........................................... 42 U.S.C. 16722.

423 ........................................... 42 U.S.C. 16723.

424 ........................................... 42 U.S.C. 16724.

425 ........................................... 42 U.S.C. 16725.

426 ........................................... 42 U.S.C. 16726.

427 ........................................... 42 U.S.C. 16727.

431 ........................................... 42 U.S.C. 16741.

441 ........................................... 42 U.S.C. 16751.

501 ........................................... 42 U.S.C. 16761.

503 ........................................... 42 U.S.C. 16763.

504 ........................................... 42 U.S.C. 16764.

505 ........................................... 42 U.S.C. 16765.

506 ........................................... 42 U.S.C. 16766.

507 ........................................... 42 U.S.C. 16767.

601 ........................................... 42 U.S.C. 16781.

612 ........................................... 42 U.S.C. 16791.

613 ........................................... 42 U.S.C. 16792.

615 ........................................... 42 U.S.C. 16794.

616 ........................................... 42 U.S.C. 16795.

618 ........................................... 42 U.S.C. 16797.

619(b) ...................................... 42 U.S.C. 16798(b).

621 ........................................... 42 U.S.C. 16811.

707 ........................................... 42 U.S.C. 16821.

708 ........................................... 42 U.S.C. 16822.

709 ........................................... 42 U.S.C. 16823.

821 ........................................... 42 U.S.C. 16841.

822 ........................................... 42 U.S.C. 16842.

823 ........................................... 42 U.S.C. 16843.

824 ........................................... 42 U.S.C. 16844.

825 ........................................... 42 U.S.C. 16845.


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•HR 4780 IH 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

826 ........................................... 42 U.S.C. 16846.

827 ........................................... 42 U.S.C. 16847.

828 ........................................... 42 U.S.C. 16848.

829 ........................................... 42 U.S.C. 16849.

830 ........................................... 42 U.S.C. 16850.

Æ 


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