IIB 

111TH CONGRESS 

2D SESSION H. R. 3237 

IN THE SENATE OF THE UNITED STATES 

JANUARY 20, 2010 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To enact certain laws relating to national and commercial 

space programs as title 51, United States Code, ‘‘National and Commercial Space Programs’’. 

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


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1 SECTION 1. TABLE OF CONTENTS. 

2 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. 

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

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

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

6 of the United States Code. 

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

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

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

10 corrections as will remove ambiguities, contradictions, and other imperfec11 tions, in accordance with section 205(c)(1) of House Resolution No. 988, 

12 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 

13 285b(1)). 

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

15 Title 51, United States Code, ‘‘National and Commercial Space Pro16 grams’’, is enacted as follows: 

TITLE 51—NATIONAL AND COMMERCIAL 

SPACE PROGRAMS 

Subtitle I—General 

Chap. Sec. 

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

Subtitle II—General Program and Policy Provisions 

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

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

Subtitle III—Administrative Provisions 

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. Healthcare ........................................................................................................ 31301 

315. Miscellaneous .................................................................................................... 31501 


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Subtitle IV—Aeronautics and Space Research and Education 

401. Aeronautics ....................................................................................................... 40101 

403. National Space Grant College and Fellowship Program .................................. 40301 

405. Biomedical Research in Space .......................................................................... 40501 

407. Environmentally Friendly Aircraft ................................................................... 40701 

409. Miscellaneous .................................................................................................... 40901 

Subtitle V—Programs Targeting Commercial Opportunities 

501. Space Commerce ............................................................................................... 50101 

503. Commercial Reusable In-Space Transportation ............................................... 50301 

505. Commercial Space Competitiveness .................................................................. 50501 

507. Office of Space Commercialization ................................................................... 50701 

Subtitle VI—Earth Observations 

601. Land Remote Sensing Policy ............................................................................ 60101 

603. Remote Sensing ................................................................................................ 60301 

605. Earth Science ................................................................................................... 60501 

Subtitle VII—Access to Space 

701. Use of Space Shuttle or Alternatives ............................................................... 70101 

703. Shuttle Pricing Policy for Commercial and Foreign Users .............................. 70301 

705. Exploration Initiatives ...................................................................................... 70501 

707. Human Space Flight Independent Investigation Commission ......................... 70701 

709. International Space Station .............................................................................. 70901 

711. Near-Earth Objects .......................................................................................... 71101 

713. Cooperation for Safety Among Spacefaring Nations ....................................... 71301 

1 Subtitle I—General 

2 CHAPTER 101—DEFINITIONS 

Sec. 

10101. Definitions. 

3 § 10101. Definitions 

4 In this title: 

5 (1) ADMINISTRATION.—The term ‘‘Administration’’ means the Na6 tional Aeronautics and Space Administration. 

7 (2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Admin8 istrator of the National Aeronautics and Space Administration. 

9 Subtitle II—General Program and Policy 

10 Provisions 

11 CHAPTER 201—NATIONAL AERONAUTICS AND SPACE 

12 PROGRAM 

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

Sec. 

20101. Short title. 


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20102. Congressional declaration of policy and purpose. 

20103. Definitions. 

SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES 

20111. National Aeronautics and Space Administration. 

20112. Functions of the Administration. 

20113. Powers of the Administration in performance of functions. 

20114. Administration and Department of Defense coordination. 

20115. International cooperation. 

20116. Reports to Congress. 

20117. Disposal of excess land. 

SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

20131. Public access to information. 

20132. Security requirements. 

20133. Permission to carry firearms. 

20134. Arrest authority. 

20135. Property rights in inventions. 

20136. Contributions awards. 

20137. Malpractice and negligence suits against United States. 

20138. Insurance and indemnification. 

20139. Insurance for experimental aerospace vehicles. 

20140. Appropriations. 

20141. Misuse of agency name and initials. 

20142. Contracts regarding expendable launch vehicles. 

20143. Full cost appropriations account structure. 

20144. Prize authority. 

20145. Lease of non-excess property. 

20146. Retrocession of jurisdiction. 

20147. Recovery and disposition authority. 

SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 

20161. Congressional declaration of purpose and policy. 

20162. Definition of upper atmosphere. 

20163. Program authorized. 

20164. International cooperation. 

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 


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

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

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

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

5 welfare of the United States requires that the Administration seek and en6 courage, to the maximum extent possible, the fullest commercial use of 

7 space. 

8 (d) OBJECTIVES OF AERONAUTICAL AND SPACE ACTIVITIES.—The aero9 nautical and space activities of the United States shall be conducted so as 

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

11 (1) The expansion of human knowledge of the Earth and of phe12 nomena in the atmosphere and space. 

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

14 and efficiency of aeronautical and space vehicles. 

15 (3) The development and operation of vehicles capable of carrying in16 struments, equipment, supplies, and living organisms through space. 

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

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

19 the utilization of aeronautical and space activities for peaceful and sci20 entific purposes. 

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

22 aeronautical and space science and technology and in the application 

23 thereof to the conduct of peaceful activities within and outside the at24 mosphere. 

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

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

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

28 and control nonmilitary aeronautical and space activities, of informa29 tion as to discoveries which have value or significance to that agency. 

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

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

32 application of the results thereof. 

33 (8) The most effective utilization of the scientific and engineering re34 sources of the United States, with close cooperation among all inter35 ested agencies of the United States in order to avoid unnecessary dupli36 cation of effort, facilities, and equipment. 

37 (9) The preservation of the United States preeminent position in aer38 onautics and space through research and technology development re39 lated to associated manufacturing processes. 

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

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


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1 that the unique competence in scientific and engineering systems of the Ad2 ministration also be directed toward ground propulsion systems research 

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

4 to the objectives of developing energy and petroleum-conserving ground pro5 pulsion systems, and of minimizing the environmental degradation caused 

6 by such systems. 

7 (f) BIOENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRATION

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

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

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

11 development, and demonstration programs designed to alleviate and mini12 mize the effects of disability. 

13 (g) WARNING AND MITIGATION OF POTENTIAL HAZARDS OF NEAR14 EARTH OBJECTS.—Congress declares that the general welfare and security 

15 of the United States require that the unique competence of the Administra16 tion be directed to detecting, tracking, cataloguing, and characterizing near17 Earth asteroids and comets in order to provide warning and mitigation of 

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

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

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

21 § 20103. Definitions 

22 In this chapter: 

23 (1) AERONAUTICAL AND SPACE ACTIVITIES.—The term ‘‘aero24 nautical and space activities’’ means— 

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

26 and outside the Earth’s atmosphere; 

27 (B) the development, construction, testing, and operation for re28 search purposes of aeronautical and space vehicles; 

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

30 space shuttle, upper stages, space platforms, and related equip31 ment; and 

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

33 of space. 

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

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

36 vehicles, manned and unmanned, together with related equipment, de37 vices, components, and parts. 


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1 SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND 

2 SPACE ACTIVITIES 

3 § 20111. National Aeronautics and Space Administration 

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

5 established the National Aeronautics and Space Administration. The Admin6 istration shall be headed by an Administrator, who shall be appointed from 

7 civilian life by the President by and with the advice and consent of the Sen8 ate. Under the supervision and direction of the President, the Administrator 

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

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

11 personnel and activities thereof. 

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

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

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

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

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

17 exercise the powers of, the Administrator during the Administrator’s ab18 sence or disability. 

19 (c) RESTRICTION ON OTHER BUSINESS OR EMPLOYMENT.—The Admin20 istrator and the Deputy Administrator shall not engage in any other busi21 ness, vocation, or employment while serving as such. 

22 § 20112. Functions of the Administration 

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

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

25 of this chapter, shall— 

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

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

28 scientific measurements and observations to be made through use of 

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

30 of such measurements and observations; 

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

32 of information concerning its activities and the results thereof; 

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

34 commercial use of space; and 

35 (5) encourage and provide for Federal Government use of commer36 cially provided space services and hardware, consistent with the re37 quirements of the Federal Government. 

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

39 (1) GROUND PROPULSION TECHNOLOGIES.—The Administration 

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

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1 tivities in ground propulsion technologies as are provided for in sections 

2 4 to 10 of the Electric and Hybrid Vehicle Research, Development, and 

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

4 (2) SOLAR HEATING AND COOLING TECHNOLOGIES.—The Adminis5 tration shall initiate, support, and carry out such research, develop6 ment, demonstrations, and other related activities in solar heating and 

7 cooling technologies (to the extent that funds are appropriated there8 for) as are provided for in sections 5, 6, and 9 of the Solar Heating 

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

10 § 20113. Powers of the Administration in performance of 

11 functions 

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

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

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

15 exercise of the powers vested in it by law. 

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

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

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

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

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

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

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

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

24 may appoint not more than 425 of the scientific, engineering, and ad25 ministrative personnel of the Administration without regard to such 

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

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

28 and 

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

30 recruit specially qualified scientific and engineering talent, the Admin31 istrator may establish the entrance grade for scientific and engineering 

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

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

34 the General Schedule, and fix their compensation accordingly. 

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

36 is authorized— 

37 (1) to acquire (by purchase, lease, condemnation, or otherwise), con38 struct, improve, repair, operate, and maintain laboratories, research 

39 and testing sites and facilities, aeronautical and space vehicles, quar40 ters and related accommodations for employees and dependents of em41 ployees of the Administration, and such other real and personal propVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 erty (including patents), or any interest therein, as the Administration 

2 deems necessary within and outside the continental United States; 

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

4 General Services, buildings or parts of buildings in the District of Co5 lumbia for the use of the Administration for a period not to exceed 10 

6 years without regard to section 8141 of title 40; 

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

8 (4) to sell and otherwise dispose of real and personal property (in9 cluding patents and rights thereunder) in accordance with the provi10 sions of chapters 1 to 11 of title 40 and in accordance with title III 

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

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

13 (5) to provide by contract or otherwise for cafeterias and other nec14 essary facilities for the welfare of employees of the Administration at 

15 its installations and purchase and maintain equipment therefor. 

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

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

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

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

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

21 (a) and (b) of section 3324 of title 31, to enter into and perform such con22 tracts, leases, cooperative agreements, or other transactions as may be nec23 essary in the conduct of its work and on such terms as it may deem appro24 priate, with any agency or instrumentality of the United States, or with any 

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

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

27 To the maximum extent practicable and consistent with the accomplishment 

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

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

30 enable small-business concerns to participate equitably and proportionately 

31 in the conduct of the work of the Administration. 

32 (f) COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the per33 formance of its functions, the Administration is authorized to use, with their 

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

35 other agencies with or without reimbursement, and on a similar basis to co36 operate with other public and private agencies and instrumentalities in the 

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

38 the Federal Government shall cooperate fully with the Administration in 

39 making its services, equipment, personnel, and facilities available to the Ad40 ministration, and any such department or agency is authorized, notwith41 standing any other provision of law, to transfer to or to receive from the 


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1 Administration, without reimbursement, aeronautical and space vehicles, 

2 and supplies and equipment other than administrative supplies or equip3 ment. 

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

5 Administration is authorized to appoint such advisory committees as may 

6 be appropriate for purposes of consultation and advice to the Administra7 tion. 

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

9 Administration is authorized to establish within the Administration such of10 fices and procedures as may be appropriate to provide for the greatest pos11 sible coordination of its activities under this chapter with related scientific 

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

13 and organizations. 

14 (i) TEMPORARY OR INTERMITTENT SERVICES OF EXPERTS OR CONSULT15 ANTS.—In the performance of its functions, the Administration is author16 ized to obtain services as provided by section 3109 of title 5, but at rates 

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

18 rate payable under section 5376 of title 5. 

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

20 authorized, when determined by the Administrator to be necessary, and sub21 ject to such security investigations as the Administrator may determine to 

22 be appropriate, to employ aliens without regard to statutory provisions pro23 hibiting payment of compensation to aliens. 

24 (k) CONCESSIONS FOR VISITORS’ FACILITIES.— 

25 (1) IN GENERAL.—In the performance of its functions, the Adminis26 tration is authorized to provide by concession, without regard to section 

27 1302 of title 40, on such terms as the Administrator may deem to be 

28 appropriate and necessary to protect the concessioner against loss of 

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

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

31 for the construction, maintenance, and operation of all manner of facili32 ties and equipment for visitors to the several installations of the Ad33 ministration and, in connection therewith, to provide services incident 

34 to the dissemination of information concerning its activities to such 

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

36 authority being in addition to any other authority that the Administra37 tion may have to provide facilities, equipment, and services for visitors 

38 to its installations). 

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

40 concession agreement under this subsection may be negotiated with any 


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1 qualified proposer following due consideration of all proposals received 

2 after reasonable public notice of the intention to contract. 

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

4 shall be afforded a reasonable opportunity to make a profit commensu5 rate with the capital invested and the obligations assumed. The consid6 eration paid by the concessioner for the concession shall be based on 

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

8 to the United States. 

9 (4) RECORDS AND ACCESS TO RECORDS.—Each concession agree10 ment shall specify the manner in which the concessioner’s records are 

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

12 Administration and the Comptroller General of the United States for 

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

14 records relate. 

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

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

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

18 or improvement the concessioner constructs or locates upon land owned 

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

20 possessory interest may be assigned, transferred, encumbered, or relin21 quished by the concessioner, and, unless otherwise provided by con22 tract, shall not be extinguished by the expiration or other termination 

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

24 compensation. 

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

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

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

28 Army, Navy, Air Force, and Marine Corps may be detailed by the appro29 priate Secretary for services in the performance of functions under this 

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

31 in the Department of Defense. 

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

33 functions, the Administration is authorized— 

34 (1) to consider, ascertain, adjust, determine, settle, and pay, on be35 half of the United States, in full satisfaction thereof, any claim for 

36 $25,000 or less against the United States for bodily injury, death, or 

37 damage to or loss of real or personal property resulting from the con38 duct of the Administration’s functions as specified in section 20112(a) 

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

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

41 claim arises; and 


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

2 is meritorious and would otherwise be covered by this subsection, to re3 port the facts and circumstances to Congress for its consideration. 

4 § 20114. Administration and Department of Defense coordi5 nation 

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

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

8 all matters within their respective jurisdictions related to aeronautical and 

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

10 respect to such activities. 

11 (b) REFERRAL TO THE PRESIDENT.—If the Secretary of Defense con12 cludes that any request, action, proposed action, or failure to act on the 

13 part of the Administrator is adverse to the responsibilities of the Depart14 ment of Defense, or the Administrator concludes that any request, action, 

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

16 is adverse to the responsibilities of the Administration, and the Adminis17 trator and the Secretary of Defense are unable to reach an agreement with 

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

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

20 § 20115. International cooperation 

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

22 may engage in a program of international cooperation in work done pursu23 ant to this chapter, and in the peaceful application of the results thereof, 

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

25 of the Senate. 

26 § 20116. Reports to Congress 

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

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

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

30 accomplishments of all agencies of the United States in the field of aer31 onautics and space activities during the preceding fiscal year; and 

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

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

34 section 20102(d) of this title. 

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

36 made under this section shall contain such recommendations for additional 

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

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

39 of this title. 

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

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


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

2 authorization given by, the President. 

3 § 20117. Disposal of excess land 

4 Notwithstanding the provisions of this or any other law, the Administra5 tion may not report to a disposal agency as excess to the needs of the Ad6 ministration any land having an estimated value in excess of $50,000 that 

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

8 Administration, unless— 

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

10 and the Committee on Science and Technology of the House of Rep11 resentatives and the President and the Committee on Commerce, 

12 Science, and Transportation of the Senate of a report by the Adminis13 trator or the Administrator’s designee containing a full and complete 

14 statement of the action proposed to be taken and the facts and cir15 cumstances relied upon in support of such action; or 

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

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

18 committee has no objection to the proposed action. 

19 SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

20 § 20131. Public access to information 

21 (a) PUBLIC INSPECTION.—Information obtained or developed by the Ad22 ministrator in the performance of the Administrator’s functions under this 

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

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

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

26 (3) described in subsection (b). 

27 (b) SPECIAL HANDLING OF TRADE SECRET OR CONFIDENTIAL INFORMA28 TION.— 

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

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

31 provide appropriate protections against the dissemination of such infor32 mation, including exemption from subchapter II of chapter 5 of title 

33 5. 

34 (2) INFORMATION DESCRIBED.—Information referred to in para35 graph (1) is information that results from activities conducted under 

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

37 20113 of this title, and that would be a trade secret or commercial or 

38 financial information that is privileged or confidential under the mean39 ing of section 552(b)(4) of title 5 if the information had been obtained 

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


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

2 withholding of information by the Administrator from the duly authorized 

3 committees of Congress. 

4 § 20132. Security requirements 

5 The Administrator shall establish such security requirements, restrictions, 

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

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

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

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

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

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

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

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

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

15 a full field investigation, the results of which shall be furnished to the Ad16 ministrator. 

17 § 20133. Permission to carry firearms 

18 As the Administrator deems necessary in the public interest, the Adminis19 trator may— 

20 (1) direct officers and employees of the Administration to carry fire21 arms while in the conduct of their official duties; and 

22 (2) authorize employees of contractors and subcontractors of the Ad23 ministration who are engaged in the protection of property owned by 

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

25 the United States, to carry firearms while in the conduct of their offi26 cial duties. 

27 § 20134. Arrest authority 

28 Under regulations prescribed by the Administrator and approved by the 

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

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

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

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

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

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

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

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

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

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

39 owned by or contracted to the Administration. 

40 § 20135. Property rights in inventions 

41 (a) DEFINITIONS.—In this section: 


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

2 contract, agreement, understanding, or other arrangement, and in3 cludes any assignment, substitution of parties, or subcontract executed 

4 or entered into thereunder. 

5 (2) MADE.—The term ‘‘made’’, when used in relation to any inven6 tion, means the conception or first actual reduction to practice of such 

7 invention. 

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

9 corporation, association, institution, or other entity. 

10 (b) EXCLUSIVE PROPERTY OF UNITED STATES.— 

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

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

13 contract of the Administration, and the Administrator determines 

14 that— 

15 (A) the person who made the invention was employed or as16 signed to perform research, development, or exploration work and 

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

18 assigned to perform, or was within the scope of the person’s em19 ployment duties, whether or not it was made during working 

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

21 Government facilities, equipment, materials, allocated funds, infor22 mation proprietary to the Government, or services of Government 

23 employees during working hours; or 

24 (B) the person who made the invention was not employed or as25 signed to perform research, development, or exploration work, but 

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

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

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

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

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

31 property of the United States under paragraph (1), and if such inven32 tion is patentable, a patent therefor shall be issued to the United 

33 States upon application made by the Administrator, unless the Admin34 istrator waives all or any part of the rights of the United States to 

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

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

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

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

39 shall contain effective provisions under which the party shall furnish 

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


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

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

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

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

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

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

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

8 and space activities unless the applicant files with the Director, with the ap9 plication or within 30 days after request therefor by the Director, a written 

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

11 circumstances under which the invention was made and stating the relation12 ship (if any) of the invention to the performance of any work under any 

13 contract of the Administration. Copies of each such statement and the appli14 cation to which it relates shall be transmitted forthwith by the Director to 

15 the Administrator. 

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

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

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

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

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

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

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

23 applicant, and shall issue such patent to the Administrator unless the appli24 cant within 30 days after receipt of the notice requests a hearing before the 

25 Board of Patent Appeals and Interferences on the question whether the Ad26 ministrator is entitled under this section to receive the patent. The Board 

27 may hear and determine, in accordance with rules and procedures estab28 lished for interference cases, the question so presented, and its determina29 tion shall be subject to appeal by the applicant or by the Administrator to 

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

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

32 Appeals and Interferences in other proceedings. 

33 (f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF FALSE REPRESEN34 TATIONS.—Whenever a patent has been issued to an applicant in conformity 

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

36 that the statement filed by the applicant in connection with the patent con37 tained a false representation of a material fact, the Administrator, within 

38 5 years after the date of issuance of the patent, may file with the Director 

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

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

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


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1 shall be so transferred to the Administrator unless, within 30 days after re2 ceipt of notice, the owner of record requests a hearing before the Board of 

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

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

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

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

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

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

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

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

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

12 Administrator stating that the Administrator had no objection to the 

13 issuance of the patent to the applicant. 

14 (g) WAIVER OF RIGHTS TO INVENTIONS.—Under such regulations in con15 formity with this subsection as the Administrator shall prescribe, the Ad16 ministrator may waive all or any part of the rights of the United States 

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

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

19 of any work required by any contract of the Administration if the Adminis20 trator determines that the interests of the United States will be served 

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

22 conditions as the Administrator shall determine to be required for the pro23 tection of the interests of the United States. Each such waiver made with 

24 respect to any invention shall be subject to the reservation by the Adminis25 trator of an irrevocable, nonexclusive, nontransferable, royalty-free license 

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

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

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

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

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

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

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

33 proposal and its recommendations for action to be taken with respect there34 to. 

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

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

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

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

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

40 use. 


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

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

3 17 of title 35. 

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

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

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

7 title 35. 

8 (k) USE OR MANUFACTURE OF PATENTED INVENTIONS INCORPORATED

9 IN SPACE VEHICLES LAUNCHED FOR PERSONS OTHER THAN UNITED

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

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

12 other than the United States shall not be considered to be a use or manu13 facture by or for the United States within the meaning of section 1498(a) 

14 of title 28, unless the Administration gives an express authorization or con15 sent for such use or manufacture. 

16 § 20136. Contributions awards 

17 (a) APPLICATIONS.—Subject to the provisions of this section, the Admin18 istrator is authorized, on the Administrator’s own initiative or on applica19 tion of any person, to make a monetary award, in an amount and on terms 

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

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

22 the Administration which is determined by the Administrator to have sig23 nificant value in the conduct of aeronautical and space activities. Each ap24 plication made for such an award shall be referred to the Inventions and 

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

26 Board shall accord to each applicant an opportunity for hearing on the ap27 plication, and shall transmit to the Administrator its recommendation as to 

28 the terms of the award, if any, to be made to the applicant for the contribu29 tion. In determining the terms and conditions of an award the Adminis30 trator shall take into account— 

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

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

33 the applicant for the development of the contribution; 

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

35 services rendered as an officer or employee of the Government) pre36 viously received by the applicant for or on account of the use of the 

37 contribution by the United States; and 

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

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

40 subsection (a) claims an interest in the same contribution, the Adminis41 trator shall ascertain and determine the respective interests of the appliVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 cants, and shall apportion any award to be made among the applicants in 

2 amounts the Administrator determines to be equitable. 

3 (c) SURRENDER OF OTHER CLAIMS.—No award may be made under sub4 section (a) unless the applicant surrenders, by means the Administrator de5 termines to be effective, all claims that the applicant may have to receive 

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

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

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

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

10 or at any other place. 

11 (d) REPORT AND WAITING PERIOD.—No award may be made under sub12 section (a) in an amount exceeding $100,000 unless the Administrator 

13 transmits to the appropriate committees of Congress a full and complete re14 port concerning the amount and terms of, and the basis for, the proposed 

15 award, and a period of 30 calendar days of regular session of Congress ex16 pires after receipt of the report by the committees. 

17 § 20137. Malpractice and negligence suits against United 

18 States 

19 (a) EXCLUSIVE REMEDY.—The remedy against the United States pro20 vided by sections 1346(b) and 2672 of title 28, for damages for personal 

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

22 of any physician, dentist, nurse, pharmacist, or paramedical or other sup23 porting personnel (including medical and dental technicians, nursing assist24 ants, and therapists) of the Administration in the performance of medical, 

25 dental, or related health care functions (including clinical studies and inves26 tigations) while acting within the scope of such person’s duties or employ27 ment therein or therefor shall be exclusive of any other civil action or pro28 ceeding by reason of the same subject matter against such person (or the 

29 estate of such person) whose act or omission gave rise to the action or pro30 ceeding. 

31 (b) ATTORNEY GENERAL TO DEFEND ANY CIVIL ACTION OR PRO32 CEEDING FOR MALPRACTICE OR NEGLIGENCE.—The Attorney General shall 

33 defend any civil action or proceeding brought in any court against any per34 son referred to in subsection (a) (or the estate of such person) for any such 

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

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

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

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

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

40 Such person shall promptly furnish copies of the pleading and process there41 in to the United States Attorney for the district embracing the place whereVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 in the proceeding is brought, to the Attorney General, and to the Adminis2 trator. 

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

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

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

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

7 shall be removed without bond at any time before trial by the Attorney Gen8 eral to the district court of the United States of the district and division 

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

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

11 and all references thereto. Should a district court of the United States de12 termine, on a hearing on a motion to remand held before a trial on the mer13 its, that the case so removed is one in which a remedy by suit within the 

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

15 case shall be remanded to the State court. 

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

17 may compromise or settle any claim asserted in such civil action or pro18 ceeding in the manner provided in section 2677 of title 28, and with the 

19 same effect. 

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

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

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

23 in the performance of medical, dental, or related health care functions (in24 cluding clinical studies and investigations). 

25 (f) LIABILITY INSURANCE FOR PERSONS ASSIGNED TO FOREIGN COUN26 TRIES OR NON-FEDERAL AGENCIES.—The Administrator or the Adminis27 trator’s designee may, to the extent that the Administrator or the designee 

28 deems appropriate, hold harmless or provide liability insurance for any per29 son described in subsection (a) for damages for personal injury, including 

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

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

32 clinical studies and investigations) while acting within the scope of such per33 son’s duties if such person is assigned to a foreign country or detailed for 

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

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

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

37 for such damage or injury. 

38 § 20138. Insurance and indemnification 

39 (a) DEFINITIONS.—In this section: 

40 (1) SPACE VEHICLE.—The term ‘‘space vehicle’’ means an object in41 tended for launch, launched, or assembled in outer space, including the 


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

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

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

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

5 of or damage to property. 

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

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

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

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

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

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

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

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

14 from activities carried on in connection with the launch, operations, or re15 covery of the space vehicle. Appropriations available to the Administration 

16 may be used to acquire such insurance, but such appropriations shall be re17 imbursed to the maximum extent practicable by the users under reimburse18 ment policies established pursuant to section 20113 of this title. 

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

20 section as the Administrator shall prescribe taking into account the avail21 ability, cost, and terms of liability insurance, any agreement between the 

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

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

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

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

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

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

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

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

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

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

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

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

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

35 its election, of that suit or claim. 

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

37 may be made under subsection (c) unless the Administrator or the Adminis38 trator’s designee certifies that the amount is just and reasonable. 

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

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


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1 from funds available for research and development not otherwise obligated 

2 or from funds appropriated for such payments. 

3 § 20139. Insurance for experimental aerospace vehicles 

4 (a) DEFINITIONS.—In this section: 

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

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

7 the performance of cooperative scientific, aeronautical, or space activi8 ties to carry out the purposes of this chapter. 

9 (2) DEVELOPER.—The term ‘‘developer’’ means a United States per10 son (other than a natural person) who— 

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

12 purpose of developing new technology for an experimental aero13 space vehicle; 

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

15 vehicle; or 

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

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

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

19 into, orbital or suborbital flight for the purpose of demonstrating tech20 nologies necessary for a reusable launch vehicle, developed under an 

21 agreement between the Administration and a developer. 

22 (4) RELATED ENTITY.—The term ‘‘related entity’’ includes a con23 tractor or subcontractor at any tier, a supplier, a grantee, and an in24 vestigator or detailee. 

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

26 or indemnification to, the developer of an experimental aerospace vehicle de27 veloped or used in execution of an agreement between the Administration 

28 and the developer. 

29 (c) TERMS AND CONDITIONS.— 

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

31 insurance and indemnification provided by the Administration under 

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

33 conditions as insurance and indemnification is provided by the Admin34 istration under section 20138 of this title to the user of a space vehicle. 

35 (2) INSURANCE.— 

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

37 or demonstrate financial responsibility in amounts to compensate 

38 for the maximum probable loss from claims by— 

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1 tion with the development or use of an experimental aero2 space vehicle; and 

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

4 Government property resulting from such an activity. 

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

6 the amount of insurance required, but, except as provided in sub7 paragraph (C), that amount shall not be greater than the amount 

8 required under section 50914(a)(3) of this title for a launch. The 

9 Administrator shall publish notice of the Administrator’s deter10 mination and the applicable amount or amounts in the Federal 

11 Register within 10 days after making the determination. 

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

13 increase the dollar amounts set forth in section 50914(a)(3)(A) of 

14 this title for the purpose of applying that section under this sec15 tion to a developer after consultation with the Comptroller General 

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

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

18 than 180 days before the increase goes into effect. The Adminis19 trator shall make available for public inspection, not later than the 

20 date of publication of such notice, a complete record of any cor21 respondence received by the Administration, and a transcript of 

22 any meetings in which the Administration participated, regarding 

23 the proposed increase. 

24 (D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR PRO25 VIDES INSURANCE.—The Administrator may not provide liability 

26 insurance or indemnification under subsection (b) unless the devel27 oper establishes to the satisfaction of the Administrator that ap28 propriate safety procedures and practices are being followed in the 

29 development of the experimental aerospace vehicle. 

30 (3) NO INDEMNIFICATION WITHOUT CROSS-WAIVER.—Notwith31 standing subsection (b), the Administrator may not indemnify a devel32 oper of an experimental aerospace vehicle under this section unless 

33 there is an agreement between the Administration and the developer 

34 described in subsection (d). 

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

36 requests additional appropriations to make payments under this sec37 tion, like the payments that may be made under section 20138(c) of 

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

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

40 of section 50915 of this title. 

41 (d) CROSS-WAIVERS.— 


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

2 on behalf of the United States, and its departments, agencies, and in3 strumentalities, may reciprocally waive claims with a developer or co4 operating party and with the related entities of that developer or co5 operating party under which each party to the waiver agrees to be re6 sponsible, and agrees to ensure that its own related entities are respon7 sible, for damage or loss to its property for which it is responsible, or 

8 for losses resulting from any injury or death sustained by its own em9 ployees or agents, as a result of activities connected to the agreement 

10 or use of the experimental aerospace vehicle. 

11 (2) LIMITATIONS.— 

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

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

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

15 developer, the cooperating party, or their respective subcontrac16 tors) or that natural person’s estate, survivors, or subrogees for 

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

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

19 of the waiver. 

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

21 paragraph (1) may not absolve any party of liability to any nat22 ural person (including, but not limited to, a natural person who 

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

24 party, or their respective subcontractors) or such a natural per25 son’s estate, survivors, or subrogees for negligence, except with re26 spect to a subrogee that is a party to the waiver or has otherwise 

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

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

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

30 the Administration, or the developer or cooperating party, for in31 demnification against the other for damages paid to a natural per32 son, or that natural person’s estate, survivors, or subrogees, for 

33 injury or death sustained by that natural person as a result of ac34 tivities connected to the agreement or use of the experimental 

35 aerospace vehicle. 

36 (D) WILLFUL MISCONDUCT.—A reciprocal waiver under para37 graph (1) may not relieve the United States, the developer, the co38 operating party, or the related entities of the developer or cooper39 ating party, of liability for damage or loss resulting from willful 

40 misconduct. 


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

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

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

4 (e) RELATIONSHIP TO OTHER LAWS.— 

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

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

7 (2) SECTION 50919(g)(1).—The Administrator may not provide indem8 nification to a developer under this section for launches subject to li9 cense under section 50919(g)(1) of this title. 

10 (f) TERMINATION.— 

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

12 December 31, 2010. 

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

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

15 agreement, insurance agreement, indemnification agreement, or other 

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

17 in that agreement. 

18 § 20140. Appropriations 

19 (a) AUTHORIZATION.— 

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

21 sums as may be necessary to carry out this chapter, except that noth22 ing in this chapter shall authorize the appropriation of any amount 

23 for— 

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

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

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

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

28 for the construction of facilities, or for research and development activi29 ties, shall remain available until expended. 

30 (b) USE OF FUNDS FOR EMERGENCY REPAIRS OF EXISTING FACILI31 TIES.—Any funds appropriated for the construction of facilities may be used 

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

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

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

35 the construction of new facilities. 

36 (c) TERMINATION.—Notwithstanding any other provision of law, the au37 thorization of any appropriation to the Administration shall expire (unless 

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

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

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


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1 § 20141. Misuse of agency name and initials 

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

3 title) may knowingly use the words ‘‘National Aeronautics and Space Ad4 ministration’’ or the letters ‘‘NASA’’, or any combination, variation, or 

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

6 with other words or letters— 

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

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

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

10 does not, in fact, exist; or 

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

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

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

14 sponsorship, or endorsement of, or the development, use, or manufac15 ture by or on behalf of the Administration which does not, in fact, 

16 exist. 

17 (b) CIVIL PROCEEDING TO ENJOIN.—Whenever it appears to the Attor18 ney General that any person is engaged in an act or practice which con19 stitutes or will constitute conduct prohibited by subsection (a), the Attorney 

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

21 States to enjoin such act or practice. 

22 § 20142. Contracts regarding expendable launch vehicles 

23 (a) COMMITMENTS BEYOND AVAILABLE APPROPRIATIONS.—The Admin24 istrator may enter into contracts for expendable launch vehicle services that 

25 are for periods in excess of the period for which funds are otherwise avail26 able for obligation, provide for the payment for contingent liability which 

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

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

29 advance payments reasonably related to launch vehicle and related equip30 ment, fabrication, and acquisition costs, if any such contract limits the 

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

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

33 contracts may be limited to sources within the United States when the Ad34 ministrator determines that such limitation is in the public interest. 

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

36 to continue any such contract, the contract shall be terminated for the con37 venience of the Government, and the costs of such contract shall be paid 

38 from appropriations originally available for performance of the contract, 

39 from other unobligated appropriations currently available for the procure40 ment of launch services, or from funds appropriated for such payments. 


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1 § 20143. Full cost appropriations account structure 

2 (a) ACCOUNTS FOR APPROPRIATIONS.— 

3 (1) DESIGNATION OF 3 ACCOUNTS.—Appropriations for the Adminis4 tration shall be made in 3 accounts, ‘‘Science, Aeronautics, and Edu5 cation’’, ‘‘Exploration Systems and Space Operations’’, and an account 

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

7 the Inspector General. 

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

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

10 year for Exploration Systems may be reprogrammed for Space Oper11 ations, and no more than 10 percent of the funds for a fiscal year for 

12 Space Operations may be reprogrammed for Exploration Systems. This 

13 paragraph shall not apply to reprogramming for the purposes described 

14 in subsection (b)(2). 

15 (3) AVAILABILITY.—Appropriations shall remain available for 2 fis16 cal years, unless otherwise specified in law. Each account shall include 

17 the planned full costs of Administration activities. 

18 (b) TRANSFERS AMONG ACCOUNTS.— 

19 (1) IN GENERAL.—To ensure the safe, timely, and successful accom20 plishment of Administration missions, the Administration may transfer 

21 among accounts as necessary, amounts for— 

22 (A) Federal salaries and benefits; 

23 (B) training, travel, and awards; 

24 (C) facility and related costs; 

25 (D) information technology services; 

26 (E) publishing services; 

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

28 (G) other administrative services. 

29 (2) DISASTER, ACT OF TERRORISM, EMERGENCY RESCUE.—The Ad30 ministration may also transfer amounts among accounts for the imme31 diate costs of recovering from damage caused by a major disaster (as 

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

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

34 or for the immediate costs associated with an emergency rescue of as35 tronauts. 

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

37 prior appropriations to the Administration for activities authorized under 

38 this chapter may be transferred to the new account established for such ac39 tivity in subsection (a). Balances so transferred may be merged with funds 

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

41 fund under the same terms and conditions. 


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1 § 20144. Prize authority 

2 (a) IN GENERAL.—The Administration may carry out a program to com3 petitively award cash prizes to stimulate innovation in basic and applied re4 search, technology development, and prototype demonstration that have the 

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

6 activities of the Administration. The Administration may carry out a pro7 gram to award prizes only in conformity with this section. 

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

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

10 may empanel advisory committees. The Administrator shall give consider11 ation to prize goals such as the demonstration of the ability to provide en12 ergy to the lunar surface from space-based solar power systems, demonstra13 tion of innovative near-Earth object survey and deflection strategies, and in14 novative approaches to improving the safety and efficiency of aviation sys15 tems. 

16 (c) ADVERTISING.—The Administrator shall widely advertise prize com17 petitions to encourage participation. 

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

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

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

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

22 will be selected. 

23 (e) ELIGIBILITY.—To be eligible to win a prize under this section, an in24 dividual or entity— 

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

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

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

28 (3) in the case of a private entity, shall be incorporated in and main29 tain a primary place of business in the United States, and in the case 

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

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

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

33 the scope of their employment. 

34 (f) LIABILITY.— 

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

36 assume any and all risks and waive claims against the Federal Govern37 ment and its related entities, except in the case of willful misconduct, 

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

39 whether direct, indirect, or consequential, arising from their participa40 tion in a competition, whether such injury, death, damage, or loss 

41 arises through negligence or otherwise. For the purposes of this paraVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 graph, the term ‘‘related entity’’ means a contractor or subcontractor 

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

3 investigator, or detailee. 

4 (2) LIABILITY INSURANCE.—Participants must obtain liability insur5 ance or demonstrate financial responsibility, in amounts determined by 

6 the Administrator, for claims by— 

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

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

9 participation in a competition, with the Federal Government 

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

11 insurance policy and registered participants agreeing to indemnify 

12 the Federal Government against third party claims for damages 

13 arising from or related to competition activities; and 

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

15 property resulting from such an activity. 

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

17 through an agreement under subsection (h), shall assemble a panel of quali18 fied judges to select the winner or winners of the prize competition on the 

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

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

21 private sector. A judge may not— 

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

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

24 competition; or 

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

26 is a registered participant. 

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

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

29 competition, subject to the provisions of this section. 

30 (i) FUNDING.— 

31 (1) SOURCES.—Prizes under this section may consist of Federal ap32 propriated funds and funds provided by the private sector for such cash 

33 prizes. The Administrator may accept funds from other Federal agen34 cies for such cash prizes. The Administrator may not give any special 

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

36 (2) AVAILABILITY.— 

37 (A) DEFINITION OF PROVISIONS KNOWN AS THE ANTI-DEFI38 CIENCY ACT.—In this paragraph, the term ‘‘provisions known as 

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

40 1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 

41 and 1519 of title 31. 


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

2 funds appropriated for prize awards under this section shall re3 main available until expended, and may be transferred, repro4 grammed, or expended for other purposes only after the expiration 

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

6 originally appropriated. No provision in this section permits obli7 gation or payment of funds in violation of the provisions known 

8 as the Anti-Deficiency Act. 

9 (3) APPROPRIATION OR COMMITMENT OF FUNDS REQUIRED BEFORE

10 ANNOUNCEMENT OF PRIZE OR INCREASE.— 

11 (A) IN GENERAL.—No prize may be announced under sub12 section (d) until all the funds needed to pay out the announced 

13 amount of the prize have been appropriated or committed in writ14 ing by a private source. 

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

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

17 if— 

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

19 as the initial notice of the prize; and 

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

21 the increase have been appropriated or committed in writing 

22 by a private source. 

23 (4) NOTICE TO COMMITTEES FOR PRIZE GREATER THAN

24 $50,000,000.—No prize competition under this section may offer a prize 

25 in an amount greater than $50,000,000 unless 30 days have elapsed 

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

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

28 Commerce, Science, and Transportation of the Senate. 

29 (5) APPROVAL OF ADMINISTRATOR FOR PRIZE GREATER THAN

30 $1,000,000.—No prize competition under this section may result in the 

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

32 the Administrator. 

33 (j) USE OF ADMINISTRATION NAME OR INSIGNIA.—A registered partici34 pant in a competition under this section may use the Administration’s 

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

36 the Administration. 

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

38 not, by virtue of offering or providing a prize under this section, be respon39 sible for compliance by registered participants in a prize competition with 

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

41 and related regulations. 


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1 § 20145. Lease of non-excess property 

2 (a) IN GENERAL.—The Administrator may enter into a lease under this 

3 section with any person or entity (including another department or agency 

4 of the Federal Government or an entity of a State or local government) with 

5 regard to any non-excess real property and related personal property under 

6 the jurisdiction of the Administrator. 

7 (b) CASH CONSIDERATION.— 

8 (1) FAIR MARKET VALUE.—A person or entity entering into a lease 

9 under this section shall provide cash consideration for the lease at fair 

10 market value as determined by the Administrator. 

11 (2) UTILIZATION.— 

12 (A) IN GENERAL.—The Administrator may utilize amounts of 

13 cash consideration received under this subsection for a lease en14 tered into under this section to cover the full costs to the Adminis15 tration in connection with the lease. These funds shall remain 

16 available until expended. 

17 (B) CAPITAL REVITALIZATION AND IMPROVEMENTS.—Of any 

18 amounts of cash consideration received under this subsection that 

19 are not utilized in accordance with subparagraph (A)— 

20 (i) 35 percent shall be deposited in a capital asset account 

21 to be established by the Administrator, shall be available for 

22 maintenance, capital revitalization, and improvements of the 

23 real property assets and related personal property under the 

24 jurisdiction of the Administrator, and shall remain available 

25 until expended; and 

26 (ii) the remaining 65 percent shall be available to the re27 spective center or facility of the Administration engaged in 

28 the lease of nonexcess real property, and shall remain avail29 able until expended for maintenance, capital revitalization, 

30 and improvements of the real property assets and related per31 sonal property at the respective center or facility subject to 

32 the concurrence of the Administrator. 

33 (C) NO UTILIZATION FOR DAILY OPERATING COSTS.—Amounts 

34 utilized under subparagraph (B) may not be utilized for daily op35 erating costs. 

36 (c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator may re37 quire such terms and conditions in connection with a lease under this sec38 tion as the Administrator considers appropriate to protect the interests of 

39 the United States. 


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

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

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

4 (e) LEASE RESTRICTIONS.— 

5 (1) NO LEASE BACK OR OTHER CONTRACT.—The Administration is 

6 not authorized to lease back property under this section during the 

7 term of the out-lease or enter into other contracts with the lessee re8 specting the property. 

9 (2) CERTIFICATION THAT OUT-LEASE WILL NOT HAVE NEGATIVE IM10 PACT ON MISSION.—The Administration is not authorized to enter into 

11 an out-lease under this section unless the Administrator certifies that 

12 the out-lease will not have a negative impact on the mission of the Ad13 ministration. 

14 (f) REPORTING REQUIREMENTS.—The Administrator shall submit an an15 nual report by January 31st of each year. The report shall include the fol16 lowing: 

17 (1) VALUE OF ARRANGEMENTS AND EXPENDITURES OF REVE18 NUES.—Information that identifies and quantifies the value of the ar19 rangements and expenditures of revenues received under this section. 

20 (2) AVAILABILITY AND USE OF FUNDS FOR OPERATING PLAN.—The 

21 availability and use of funds received under this section for the Admin22 istration’s operating plan. 

23 (g) SUNSET.—The authority to enter into leases under this section shall 

24 expire 10 years after December 26, 2007. The expiration under this sub25 section of authority to enter into leases under this section shall not affect 

26 the validity or term of leases or the Administration’s retention of proceeds 

27 from leases entered into under this section before the expiration of the au28 thority. 

29 § 20146. Retrocession of jurisdiction 

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

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

32 Rico, the United States Virgin Islands, Guam, American Samoa, the North33 ern Mariana Islands, and any other commonwealth, territory, or possession 

34 of the United States. 

35 (b) RELINQUISHING LEGISLATIVE JURISDICTION.—Notwithstanding any 

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

37 part of the legislative jurisdiction of the United States over lands or inter38 ests under the control of the Administrator in that State. 

39 § 20147. Recovery and disposition authority 

40 (a) DEFINITIONS.—In this section: 


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

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

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

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

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

6 (C) is either— 

7 (i) owned by the Administration; or 

8 (ii) owned by an Administration contractor or cooperating 

9 party and operated as part of an Administration mission or 

10 a joint mission with the Administration. 

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

12 or other person assigned to an Administration human space flight vehi13 cle. 

14 (b) CONTROL OF REMAINS.— 

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

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

17 Administration human space flight vehicle, the Administrator may take 

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

19 other scientific or medical tests. 

20 (2) TREATMENT.—Each crewmember shall provide the Adminis21 trator with the crewmember’s preferences regarding the treatment ac22 corded to the crewmember’s remains and the Administrator shall, to 

23 the extent possible, respect those stated preferences. 

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

25 the Administrator to interfere with any Federal investigation of a mis26 hap or accident. 

27 SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 

28 § 20161. Congressional declaration of purpose and policy 

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

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

31 research, technology, and monitoring of the phenomena of the upper atmos32 phere so as to provide for an understanding of and to maintain the chemical 

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

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

35 to undertake an immediate and appropriate research, technology, and moni36 toring program that will provide for understanding the physics and chem37 istry of the Earth’s upper atmosphere. 

38 § 20162. Definition of upper atmosphere 

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

40 the Earth’s sensible atmosphere above the troposphere. 


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1 § 20163. Program authorized 

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

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

4 and carry out a program of research, technology, monitoring, and other ap5 propriate activities directed to understand the physics and chemistry of the 

6 upper atmosphere. 

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

8 Administration shall— 

9 (1) arrange for participation by the scientific and engineering com10 munity, of both the Nation’s industrial organizations and institutions 

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

12 in developing necessary technology, and in making necessary observa13 tions and measurements; 

14 (2) provide, by way of grant, contract, scholarships, or other ar15 rangements, to the maximum extent practicable and consistent with 

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

17 the scientific and engineering community in the program authorized by 

18 this subchapter; and 

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

20 available to the appropriate regulatory agencies and provide for the 

21 widest practicable dissemination of such results. 

22 § 20164. International cooperation 

23 In carrying out the provisions of this subchapter, the Administration, sub24 ject to the direction of the President and after consultation with the Sec25 retary of State, shall make every effort to enlist the support and cooperation 

26 of appropriate scientists and engineers of other countries and international 

27 organizations. 

28 CHAPTER 203—RESPONSIBILITIES AND VISION 

Sec. 

20301. General responsibilities. 

20302. Vision for space exploration. 

20303. Contribution to innovation. 

20304. Basic research enhancement. 

20305. National Academies decadal surveys. 

29 § 20301. General responsibilities 

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

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

32 programs in— 

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

34 title; 

35 (2) aeronautics research and development; and 

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


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

2 their moons, and to deepen understanding of astronomy, astro3 physics, and other areas of science that can be productively stud4 ied from space; 

5 (B) Earth science research and research on the Sun-Earth con6 nection through the development and operation of research sat7 ellites and other means; 

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

9 science, and microgravity science; and 

10 (D) research on microgravity, including research that is not di11 rectly related to human exploration. 

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

13 of the Administration, the Administrator shall— 

14 (1) consult and coordinate to the extent appropriate with other rel15 evant Federal agencies, including through the National Science and 

16 Technology Council; 

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

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

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

20 (B) contracting with the private sector for crew and cargo serv21 ices, including to the International Space Station, to the extent 

22 practicable; 

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

24 and services to the extent practicable to support all Administration 

25 activities; and 

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

27 the greatest extent practicable; and 

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

29 § 20302. Vision for space exploration 

30 (a) IN GENERAL.—The Administrator shall establish a program to de31 velop a sustained human presence on the Moon, including a robust pre32 cursor program, to promote exploration, science, commerce, and United 

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

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

35 develop and conduct appropriate international collaborations in pursuit of 

36 these goals. 

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

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

39 section 70502 of this title): 

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


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1 (2) Launching the Crew Exploration Vehicle as close to 2010 as pos2 sible. 

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

4 space on the human body using the most appropriate facilities avail5 able, including the International Space Station. 

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

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

8 § 20303. Contribution to innovation 

9 (a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The Administration 

10 shall be a full participant in any interagency effort to promote innovation 

11 and economic competitiveness through near-term and long-term basic sci12 entific research and development and the promotion of science, technology, 

13 engineering, and mathematics education, consistent with the Administra14 tion’s mission, including authorized activities. 

15 (b) HISTORIC FOUNDATION.—In order to carry out the participation de16 scribed in subsection (a), the Administrator shall build on the historic role 

17 of the Administration in stimulating excellence in the advancement of phys18 ical science and engineering disciplines and in providing opportunities and 

19 incentives for the pursuit of academic studies in science, technology, engi20 neering, and mathematics. 

21 (c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION LEV22 ELS.—The balanced science program authorized by section 101(d) of the 

23 National Aeronautics and Space Administration Authorization Act of 2005 

24 (42 U.S.C. 16611(d)) shall be an element of the contribution by the Admin25 istration to the interagency programs. 

26 (d) ANNUAL REPORT.— 

27 (1) REQUIREMENT.—The Administrator shall submit to Congress 

28 and the President an annual report describing the activities conducted 

29 pursuant to this section, including a description of the goals and the 

30 objective metrics upon which funding decisions were made. 

31 (2) CONTENT.—Each report submitted pursuant to paragraph (1) 

32 shall include, with regard to science, technology, engineering, and 

33 mathematics education programs, at a minimum, the following: 

34 (A) A description of each program. 

35 (B) The amount spent on each program. 

36 (C) The number of students or teachers served by each pro37 gram. 

38 § 20304. Basic research enhancement 

39 (a) DEFINITION OF BASIC RESEARCH.—In this section, the term ‘‘basic 

40 research’’ has the meaning given the term in Office of Management and 

41 Budget Circular No. A–11. 


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1 (b) COORDINATION.—The Administrator, the Director of the National 

2 Science Foundation, the Secretary of Energy, the Secretary of Defense, and 

3 the Secretary of Commerce shall, to the extent practicable, coordinate basic 

4 research activities related to physical sciences, technology, engineering, and 

5 mathematics. 

6 § 20305. National Academies decadal surveys 

7 (a) IN GENERAL.—The Administrator shall enter into agreements on a 

8 periodic basis with the National Academies for independent assessments, 

9 also known as decadal surveys, to take stock of the status and opportunities 

10 for Earth and space science discipline fields and Aeronautics research and 

11 to recommend priorities for research and programmatic areas over the next 

12 decade. 

13 (b) INDEPENDENT COST ESTIMATES.—The agreements described in sub14 section (a) shall include independent estimates of the life cycle costs and 

15 technical readiness of missions assessed in the decadal surveys whenever 

16 possible. 

17 (c) REEXAMINATION.—The Administrator shall request that each Na18 tional Academies decadal survey committee identify any conditions or 

19 events, such as significant cost growth or scientific or technological ad20 vances, that would warrant the Administration asking the National Acad21 emies to reexamine the priorities that the decadal survey had established. 

22 Subtitle III—Administrative Provisions 

23 CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 

24 ACCOUNTING 

Sec. 

30101. Prior authorization of appropriations required. 

30102. Working capital fund. 

30103. Budgets. 

30104. Baselines and cost controls. 

25 § 30101. Prior authorization of appropriations required 

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

27 be made to the Administration unless previously authorized by legislation 

28 enacted by Congress. 

29 § 30102. Working capital fund 

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

31 Treasury an Administration working capital fund. 

32 (b) AVAILABILITY OF AMOUNTS.— 

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

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

35 by law to be provided— 

36 (A) within the Administration; 


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

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

3 thereof; 

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

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

6 institution on a reimbursable basis. 

7 (2) CAPITAL REPAIRS.—The fund shall also be available for the pur8 pose of funding capital repairs, renovations, rehabilitation, 

9 sustainment, demolition, or replacement of Administration real prop10 erty, on a reimbursable basis within the Administration. 

11 (3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are avail12 able without regard to fiscal year limitation. 

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

14 (1) amounts appropriated to the fund; 

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

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

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

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

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

20 supplies and services at rates that will approximate the expenses of oper21 ation, such as the accrual of annual leave, depreciation of plant, property, 

22 and equipment, and overhead. 

23 § 30103. Budgets 

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

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

26 showing— 

27 (1) by program— 

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

29 Space Station and the space shuttle; 

30 (B) the budget for exploration systems; 

31 (C) the budget for aeronautics; 

32 (D) the budget for space science; 

33 (E) the budget for Earth science; 

34 (F) the budget for microgravity science; 

35 (G) the budget for education; 

36 (H) the budget for safety oversight; and 

37 (I) the budget for public relations; 

38 (2) the budget for technology transfer programs; 

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

40 by individual element; 


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

2 and by center; 

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

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

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

6 each item in the proposed budget. 

7 (b) ADDITIONAL BUDGET INFORMATION UPON REQUEST BY COMMIT8 TEES.—The Administration shall make available, upon request from the 

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

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

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

12 costs and service pool costs, including— 

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

14 for any fiscal year for which the President has submitted an an15 nual budget request to Congress; 

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

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

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

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

20 funds, by appropriations account— 

21 (A) that remained at the end of the fiscal year prior to the fis22 cal year in which the budget is being presented that were carried 

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

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

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

26 carried over into the fiscal year for which the budget is being pre27 sented; and 

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

29 for which the budget is being presented. 

30 (c) INFORMATION IN ANNUAL BUDGET JUSTIFICATION.—The Adminis31 tration shall provide, at a minimum, the following information in its annual 

32 budget justification: 

33 (1) The actual, current, proposed funding level, and estimated budg34 ets for the next 5 fiscal years by directorate, theme, program, project 

35 and activity within each appropriations account. 

36 (2) The proposed programmatic and non-programmatic construction 

37 of facilities. 

38 (3) The budget for headquarters including— 

39 (A) the budget by office, and any division thereof, for the ac40 tual, current, proposed funding level, and estimated budgets for 

41 the next 5 fiscal years; 


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1 (B) the travel budget for each office, and any division thereof, 

2 for the actual, current, and proposed funding level; and 

3 (C) the civil service full time equivalent assignments per head4 quarters office, and any division thereof, including the number of 

5 Senior Executive Service, noncareer, detailee, and contract per6 sonnel per office. 

7 (4) Within 14 days of the submission of the budget to Congress an 

8 accompanying volume shall be provided to the Committees on Appro9 priations containing the following information for each center, facility 

10 managed by any center, and federally funded research and development 

11 center operated on behalf of the Administration: 

12 (A) The actual, current, proposed funding level, and estimated 

13 budgets for the next 5 fiscal years by directorate, theme, program, 

14 project, and activity. 

15 (B) The proposed programmatic and non-programmatic con16 struction of facilities. 

17 (C) The number of civil service full time equivalent positions per 

18 center for each identified fiscal year. 

19 (D) The number of civil service full time equivalent positions 

20 considered to be uncovered capacity at each location for each iden21 tified fiscal year. 

22 (5) The proposed budget as designated by object class for each direc23 torate, theme, and program. 

24 (6) Sufficient narrative shall be provided to explain the request for 

25 each program, project, and activity, and an explanation for any devi26 ation to previously adopted baselines for all justification materials pro27 vided to the Committees. 

28 (d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS RE29 LATED TO LEASE OF PROPERTY.—Each annual budget request shall include 

30 an annual estimate of gross receipts and collections and proposed use of all 

31 funds collected pursuant to section 20145 of this title. 

32 § 30104. Baselines and cost controls 

33 (a) DEFINITIONS.—In this section: 

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

35 a program following the formulation phase and beginning with the ap36 proval to proceed to implementation, as defined in the Administration’s 

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

38 (2) DEVELOPMENT COST.—The term ‘‘development cost’’ means the 

39 total of all costs, including construction of facilities and civil servant 

40 costs, from the period beginning with the approval to proceed to imple41 mentation through the achievement of operational readiness, without 


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1 regard to funding source or management control, for the life of the pro2 gram. 

3 (3) LIFE-CYCLE COST.—The term ‘‘life-cycle cost’’ means the total 

4 of the direct, indirect, recurring, and nonrecurring costs, including the 

5 construction of facilities and civil servant costs, and other related ex6 penses incurred or estimated to be incurred in the design, development, 

7 verification, production, operation, maintenance, support, and retire8 ment of a program over its planned lifespan, without regard to funding 

9 source or management control. 

10 (4) MAJOR PROGRAM.—The term ‘‘major program’’ means an activ11 ity approved to proceed to implementation that has an estimated life12 cycle cost of more than $250,000,000. 

13 (b) CONDITIONS FOR DEVELOPMENT.— 

14 (1) IN GENERAL.—The Administration shall not enter into a con15 tract for the development of a major program unless the Administrator 

16 determines that— 

17 (A) the technical, cost, and schedule risks of the program are 

18 clearly identified and the program has developed a plan to manage 

19 those risks; 

20 (B) the technologies required for the program have been dem21 onstrated in a relevant laboratory or test environment; and 

22 (C) the program complies with all relevant policies, regulations, 

23 and directives of the Administration. 

24 (2) REPORT.—The Administrator shall transmit a report describing 

25 the basis for the determination required under paragraph (1) to the 

26 Committee on Science and Technology of the House of Representatives 

27 and the Committee on Commerce, Science, and Transportation of the 

28 Senate at least 30 days before entering into a contract for development 

29 under a major program. 

30 (3) NONDELEGATION.—The Administrator may not delegate the de31 termination requirement under this subsection, except in cases in which 

32 the Administrator has a conflict of interest. 

33 (c) MAJOR PROGRAM ANNUAL REPORTS.— 

34 (1) REQUIREMENT.—Annually, at the same time as the President’s 

35 annual budget submission to Congress, the Administrator shall trans36 mit to the Committee on Science and Technology of the House of Rep37 resentatives and the Committee on Commerce, Science, and Transpor38 tation of the Senate a report that includes the information required by 

39 this section for each major program for which the Administration pro40 poses to expend funds in the subsequent fiscal year. Reports under this 

41 paragraph shall be known as Major Program Annual Reports. 


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1 (2) BASELINE REPORT.—The first Major Program Annual Report 

2 for each major program shall include a Baseline Report that shall, at 

3 a minimum, include— 

4 (A) the purposes of the program and key technical characteris5 tics necessary to fulfill those purposes; 

6 (B) an estimate of the life-cycle cost for the program, with a 

7 detailed breakout of the development cost, program reserves, and 

8 an estimate of the annual costs until development is completed; 

9 (C) the schedule for development, including key program mile10 stones; 

11 (D) the plan for mitigating technical, cost, and schedule risks 

12 identified in accordance with subsection (b)(1)(A); and 

13 (E) the name of the person responsible for making notifications 

14 under subsection (d), who shall be an individual whose primary re15 sponsibility is overseeing the program. 

16 (3) INFORMATION UPDATES.—For major programs for which a 

17 Baseline Report has been submitted, each subsequent Major Program 

18 Annual Report shall describe any changes to the information that had 

19 been provided in the Baseline Report, and the reasons for those 

20 changes. 

21 (d) NOTIFICATION.— 

22 (1) REQUIREMENT.—The individual identified under subsection 

23 (c)(2)(E) shall immediately notify the Administrator any time that in24 dividual has reasonable cause to believe that, for the major program 

25 for which he or she is responsible— 

26 (A) the development cost of the program is likely to exceed the 

27 estimate provided in the Baseline Report of the program by 15 

28 percent or more; or 

29 (B) a milestone of the program is likely to be delayed by 6 

30 months or more from the date provided for it in the Baseline Re31 port of the program. 

32 (2) REASONS.—Not later than 30 days after the notification required 

33 under paragraph (1), the individual identified under subsection 

34 (c)(2)(E) shall transmit to the Administrator a written notification ex35 plaining the reasons for the change in the cost or milestone of the pro36 gram for which notification was provided under paragraph (1). 

37 (3) NOTIFICATION OF CONGRESS.—Not later than 15 days after the 

38 Administrator receives a written notification under paragraph (2), the 

39 Administrator shall transmit the notification to the Committee on 

40 Science and Technology of the House of Representatives and the Com41 mittee on Commerce, Science, and Transportation of the Senate. 


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1 (e) FIFTEEN PERCENT THRESHOLD.— 

2 (1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.—Not 

3 later than 30 days after receiving a written notification under sub4 section (d)(2), the Administrator shall determine whether the develop5 ment cost of the program is likely to exceed the estimate provided in 

6 the Baseline Report of the program by 15 percent or more, or whether 

7 a milestone is likely to be delayed by 6 months or more. If the deter8 mination is affirmative, the Administrator shall— 

9 (A) transmit to the Committee on Science and Technology of 

10 the House of Representatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate, not later than 15 days 

12 after making the determination, a report that includes— 

13 (i) a description of the increase in cost or delay in schedule 

14 and a detailed explanation for the increase or delay; 

15 (ii) a description of actions taken or proposed to be taken 

16 in response to the cost increase or delay; and 

17 (iii) a description of any impacts the cost increase or sched18 ule delay, or the actions described under clause (ii), will have 

19 on any other program within the Administration; and 

20 (B) if the Administrator intends to continue with the program, 

21 promptly initiate an analysis of the program, which shall include, 

22 at a minimum— 

23 (i) the projected cost and schedule for completing the pro24 gram if current requirements of the program are not modi25 fied; 

26 (ii) the projected cost and the schedule for completing the 

27 program after instituting the actions described under sub28 paragraph (A)(ii); and 

29 (iii) a description of, and the projected cost and schedule 

30 for, a broad range of alternatives to the program. 

31 (2) COMPLETION OF ANALYSIS AND TRANSMITTAL TO COMMIT32 TEES.—The Administration shall complete an analysis initiated under 

33 paragraph (1)(B) not later than 6 months after the Administrator 

34 makes a determination under this subsection. The Administrator shall 

35 transmit the analysis to the Committee on Science and Technology of 

36 the House of Representatives and Committee on Commerce, Science, 

37 and Transportation of the Senate not later than 30 days after its com38 pletion. 

39 (f) THIRTY PERCENT THRESHOLD.—If the Administrator determines 

40 under subsection (e) that the development cost of a program will exceed the 

41 estimate provided in the Baseline Report of the program by more than 30 


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1 percent, then, beginning 18 months after the date the Administrator trans2 mits a report under subsection (e)(1)(A), the Administrator shall not expend 

3 any additional funds on the program, other than termination costs, unless 

4 Congress has subsequently authorized continuation of the program by law. 

5 An appropriation for the specific program enacted subsequent to a report 

6 being transmitted shall be considered an authorization for purposes of this 

7 subsection. If the program is continued, the Administrator shall submit a 

8 new Baseline Report for the program no later than 90 days after the date 

9 of enactment of the Act under which Congress has authorized continuation 

10 of the program. 

11 CHAPTER 303—CONTRACTING AND PROCUREMENT 

Sec. 

30301. Guaranteed customer base. 

30302. Quality assurance personnel. 

30303. Tracking and data relay satellite services. 

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

30305. Outreach program. 

30306. Small business contracting. 

30307. Requirement for independent cost analysis. 

30308. Cost effectiveness calculations. 

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

30310. Exception to alternative fuel procurement requirement. 

12 § 30301. Guaranteed customer base 

13 No amount appropriated to the Administration may be used to fund 

14 grants, contracts, or other agreements with an expected duration of more 

15 than one year, when a primary effect of the grant, contract, or agreement 

16 is to provide a guaranteed customer base for or establish an anchor tenancy 

17 in new commercial space hardware or services unless an appropriations Act 

18 specifies the new commercial space hardware or services to be developed or 

19 used, or the grant, contract, or agreement is otherwise identified in such 

20 Act. 

21 § 30302. Quality assurance personnel 

22 (a) EXCLUSION OF ADMINISTRATION PERSONNEL.—A person providing 

23 articles to the Administration under a contract entered into after December 

24 9, 1991, may not exclude Administration quality assurance personnel from 

25 work sites except as provided in a contract provision that has been sub26 mitted to Congress as provided in subsection (b). 

27 (b) CONTRACT PROVISIONS.—The Administration shall not enter into any 

28 contract which permits the exclusion of Administration quality assurance 

29 personnel from work sites unless the Administrator has submitted a copy 

30 of the provision permitting such exclusion to Congress at least 60 days be31 fore entering into the contract. 


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1 § 30303. Tracking and data relay satellite services 

2 (a) CONTRACTS.—The Administration is authorized, when so provided in 

3 an appropriation Act, to enter into and to maintain a contract for tracking 

4 and data relay satellite services. Such services shall be furnished to the Ad5 ministration in accordance with applicable authorization and appropriations 

6 Acts. The Government shall incur no costs under such contract prior to the 

7 furnishing of such services except that the contract may provide for the pay8 ment for contingent liability of the Government which may accrue in the 

9 event the Government should decide for its convenience to terminate the 

10 contract before the end of the period of the contract. Facilities which may 

11 be required in the performance of the contract may be constructed on Gov12 ernment-owned lands if there is included in the contract a provision under 

13 which the Government may acquire title to the facilities, under terms and 

14 conditions agreed upon in the contract, upon termination of the contract. 

15 (b) REPORTS TO CONGRESS.—The Administrator shall in January of 

16 each year report to the Committee on Science and Technology and the Com17 mittee on Appropriations of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation and the Committee on 

19 Appropriations of the Senate the projected aggregate contingent liability of 

20 the Government under termination provisions of any contract authorized in 

21 this section through the next fiscal year. The authority of the Administra22 tion to enter into and to maintain the contract authorized hereunder shall 

23 remain in effect unless repealed by legislation enacted by Congress. 

24 § 30304. Award of contracts to small businesses and dis25 advantaged individuals 

26 The Administrator shall annually establish a goal of at least 8 percent 

27 of the total value of prime and subcontracts awarded in support of author28 ized programs, including the space station by the time operational status 

29 is obtained, which funds will be made available to small business concerns 

30 or other organizations owned or controlled by socially and economically dis31 advantaged individuals (within the meaning of paragraphs (5) and (6) of 

32 section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including His33 torically Black Colleges and Universities that are part B institutions (as de34 fined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 

35 1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of 

36 that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as de37 fined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Na38 tive-serving institutions (as defined in section 317(b)(2) of that Act (20 

39 U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in 

40 section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority eduVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 cational institutions (as defined by the Secretary of Education pursuant to 

2 the General Education Provisions Act (20 U.S.C. 1221 et seq.)). 

3 § 30305. Outreach program 

4 (a) ESTABLISHMENT.—The Administration shall competitively select an 

5 organization to partner with Administration centers, aerospace contractors, 

6 and academic institutions to carry out a program to help promote the com7 petitiveness of small, minority-owned, and women-owned businesses in com8 munities across the United States through enhanced insight into the tech9 nologies of the Administration’s space and aeronautics programs. The pro10 gram shall support the mission of the Administration’s Innovative Partner11 ships Program with its emphasis on joint partnerships with industry, aca12 demia, government agencies, and national laboratories. 

13 (b) PROGRAM STRUCTURE.—In carrying out the program described in 

14 subsection (a), the organization shall support the mission of the Administra15 tion’s Innovative Partnerships Program by undertaking the following activi16 ties: 

17 (1) FACILITATING ENHANCED INSIGHT.—Facilitating the enhanced 

18 insight of the private sector into the Administration’s technologies in 

19 order to increase the competitiveness of the private sector in producing 

20 viable commercial products. 

21 (2) CREATING NETWORK.—Creating a network of academic institu22 tions, aerospace contractors, and Administration centers that will com23 mit to donating appropriate technical assistance to small businesses, 

24 giving preference to socially and economically disadvantaged small busi25 ness concerns, small business concerns owned and controlled by service26 disabled veterans, and HUBZone small business concerns. This para27 graph shall not apply to any contracting actions entered into or taken 

28 by the Administration. 

29 (3) CREATING NETWORK OF ECONOMIC DEVELOPMENT ORGANIZA30 TIONS.—Creating a network of economic development organizations to 

31 increase the awareness and enhance the effectiveness of the program 

32 nationwide. 

33 (c) REPORT.—Not later than one year after October 15, 2008, and annu34 ally thereafter, the Administrator shall submit a report to the Committee 

35 on Science and Technology of the House of Representatives and the Com36 mittee on Commerce, Science, and Transportation of the Senate describing 

37 the efforts and accomplishments of the program established under sub38 section (a) in support of the Administration’s Innovative Partnerships Pro39 gram. As part of the report, the Administrator shall provide— 


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1 (1) data on the number of small businesses receiving assistance, jobs 

2 created and retained, and volunteer hours donated by the Administra3 tion, contractors, and academic institutions nationwide; 

4 (2) an estimate of the total dollar value of the economic impact made 

5 by small businesses that received technical assistance through the pro6 gram; and 

7 (3) an accounting of the use of funds appropriated for the program. 

8 § 30306. Small business contracting 

9 (a) PLAN.—In consultation with the Small Business Administration, the 

10 Administrator shall develop a plan to maximize the number and amount of 

11 contracts awarded to small business concerns (within the meaning given 

12 that term in section 3 of the Small Business Act (15 U.S.C. 632)) and to 

13 meet established contracting goals for such concerns. 

14 (b) PRIORITY.—The Administrator shall establish as a priority meeting 

15 the contracting goals developed in conjunction with the Small Business Ad16 ministration to maximize the amount of prime contracts, as measured in 

17 dollars, awarded in each fiscal year by the Administration to small business 

18 concerns (within the meaning given that term in section 3 of the Small 

19 Business Act (15 U.S.C. 632)). 

20 § 30307. Requirement for independent cost analysis 

21 (a) DEFINITION OF IMPLEMENTATION.—In this section, the term ‘‘imple22 mentation’’ means all activity in the life cycle of a project after preliminary 

23 design, independent assessment of the preliminary design, and approval to 

24 proceed into implementation, including critical design, development, certifi25 cation, launch, operations, disposal of assets, and, for technology programs, 

26 development, testing, analysis, and communication of the results. 

27 (b) REQUIREMENT.—Before any funds may be obligated for implementa28 tion of a project that is projected to cost more than $250,000,000 in total 

29 project costs, the Administrator shall conduct and consider an independent 

30 life-cycle cost analysis of the project and shall report the results to Con31 gress. In developing cost accounting and reporting standards for carrying 

32 out this section, the Administrator shall, to the extent practicable and con33 sistent with other laws, solicit the advice of experts outside of the Adminis34 tration. 

35 § 30308. Cost effectiveness calculations 

36 (a) DEFINITIONS.—In this section: 

37 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

38 means any person providing space transportation services or other 

39 space-related activities, the primary control of which is held by persons 

40 other than a Federal, State, local, or foreign government. 


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1 (2) STATE.—The term ‘‘State’’ means each of the several States of 

2 the United States, the District of Columbia, the Commonwealth of 

3 Puerto Rico, the Virgin Islands, Guam, American Samoa, the Common4 wealth of the Northern Mariana Islands, and any other commonwealth, 

5 territory, or possession of the United States. 

6 (b) IN GENERAL.—Except as otherwise required by law, in calculating the 

7 cost effectiveness of the cost of the Administration engaging in an activity 

8 as compared to a commercial provider, the Administrator shall compare the 

9 cost of the Administration engaging in the activity using full cost account10 ing principles with the price the commercial provider will charge for such 

11 activity. 

12 § 30309. Use of abandoned and underutilized buildings, 

13 grounds, and facilities 

14 (a) DEFINITION OF DEPRESSED COMMUNITIES.—In this section, the 

15 term ‘‘depressed communities’’ means rural and urban communities that are 

16 relatively depressed, in terms of age of housing, extent of poverty, growth 

17 of per capita income, extent of unemployment, job lag, or surplus labor. 

18 (b) IN GENERAL.—In any case in which the Administrator considers the 

19 purchase, lease, or expansion of a facility to meet requirements of the Ad20 ministration, the Administrator shall consider whether those requirements 

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

22 (1) Abandoned or underutilized buildings, grounds, and facilities in 

23 depressed communities that can be converted to Administration usage 

24 at a reasonable cost, as determined by the Administrator. 

25 (2) Any military installation that is closed or being closed, or any 

26 facility at such an installation. 

27 (3) Any other facility or part of a facility that the Administrator de28 termines to be— 

29 (A) owned or leased by the United States for the use of another 

30 agency of the Federal Government; and 

31 (B) considered by the head of the agency involved to be— 

32 (i) excess to the needs of that agency; or 

33 (ii) underutilized by that agency. 

34 § 30310. Exception to alternative fuel procurement require35 ment 

36 Section 526(a) of the Energy Independence and Security Act of 2007 (42 

37 U.S.C. 17142(a)) does not prohibit the Administration from entering into 

38 a contract to purchase a generally available fuel that is not an alternative 

39 or synthetic fuel or predominantly produced from a nonconventional petro40 leum source, if— 


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1 (1) the contract does not specifically require the contractor to pro2 vide an alternative or synthetic fuel or fuel from a nonconventional pe3 troleum source; 

4 (2) the purpose of the contract is not to obtain an alternative or syn5 thetic fuel or fuel from a nonconventional petroleum source; and 

6 (3) the contract does not provide incentives for a refinery upgrade 

7 or expansion to allow a refinery to use or increase its use of fuel from 

8 a nonconventional petroleum source. 

9 CHAPTER 305—MANAGEMENT AND REVIEW 

Sec. 

30501. Lessons learned and best practices. 

30502. Whistleblower protection. 

30503. Performance assessments. 

30504. Assessment of science mission extensions. 

10 § 30501. Lessons learned and best practices 

11 (a) IN GENERAL.—The Administrator shall transmit to the Committee on 

12 Science and Technology of the House of Representatives and the Committee 

13 on Commerce, Science, and Transportation of the Senate an implementation 

14 plan describing the Administration’s approach for obtaining, implementing, 

15 and sharing lessons learned and best practices for its major programs and 

16 projects not later than 180 days after December 30, 2005. The implementa17 tion plan shall be updated and maintained to ensure that it is current and 

18 consistent with the burgeoning culture of learning and safety that is emerg19 ing at the Administration. 

20 (b) REQUIRED CONTENT.—The implementation plan shall contain at a 

21 minimum the lessons learned and best practices requirements for the Ad22 ministration, the organizations or positions responsible for enforcement of 

23 the requirements, the reporting structure, and the objective performance 

24 measures indicating the effectiveness of the activity. 

25 (c) INCENTIVES.—The Administrator shall provide incentives to encour26 age sharing and implementation of lessons learned and best practices by em27 ployees, projects, and programs, as well as penalties for programs and 

28 projects that are determined not to have demonstrated use of those re29 sources. 

30 § 30502. Whistleblower protection 

31 (a) IN GENERAL.—Not later than 1 year after December 30, 2005, the 

32 Administrator shall transmit to the Committee on Science and Technology 

33 of the House of Representatives and the Committee on Commerce, Science, 

34 and Transportation of the Senate a plan describing steps to be taken by 

35 the Administration to protect from retaliation Administration employees 

36 who raise concerns about substantial and specific dangers to public health 

37 and safety or about substantial and specific factors that could threaten the 


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1 success of a mission. The plan shall be designed to ensure that Administra2 tion employees have the full protection required by law. The Administrator 

3 shall implement the plan not more than 1 year after its transmittal. 

4 (b) GOAL.—The Administrator shall ensure that the plan describes a sys5 tem that will protect employees who wish to raise or have raised concerns 

6 described in subsection (a). 

7 (c) PLAN.—At a minimum, the plan shall include, consistent with Federal 

8 law— 

9 (1) a reporting structure that ensures that the officials who are the 

10 subject of a whistleblower’s complaint will not learn the identity of the 

11 whistleblower; 

12 (2) a single point to which all complaints can be made without fear 

13 of retribution; 

14 (3) procedures to enable the whistleblower to track the status of the 

15 case; 

16 (4) activities to educate employees about their rights as whistle17 blowers and how they are protected by law; 

18 (5) activities to educate employees about their obligations to report 

19 concerns and their accountability before and after receiving the results 

20 of the investigations into their concerns; and 

21 (6) activities to educate all appropriate Administration Human Re22 sources professionals, and all Administration managers and super23 visors, regarding personnel laws, rules, and regulations. 

24 (d) REPORT.—Not later than February 15 of each year beginning Feb25 ruary 15, 2007, the Administrator shall transmit a report to the Committee 

26 on Science and Technology of the House of Representatives and the Com27 mittee on Commerce, Science, and Transportation of the Senate on the con28 cerns described in subsection (a) that were raised during the previous fiscal 

29 year. At a minimum, the report shall provide— 

30 (1) the number of concerns that were raised, divided into the cat31 egories of safety and health, mission assurance, and mismanagement, 

32 and the disposition of those concerns, including whether any employee 

33 was disciplined as a result of a concern having been raised; and 

34 (2) any recommendations for reforms to further prevent retribution 

35 against employees who raise concerns. 

36 § 30503. Performance assessments 

37 (a) IN GENERAL.—The performance of each division in the Science direc38 torate of the Administration shall be reviewed and assessed by the National 

39 Academy of Sciences at 5-year intervals. 

40 (b) TIMING.—Beginning with the first fiscal year following December 30, 

41 2005, the Administrator shall select at least one division for review under 


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1 this section. The Administrator shall select divisions so that all disciplines 

2 will have received their first review within 6 fiscal years of December 30, 

3 2005. 

4 (c) REPORTS.—Not later than March 1 of each year, beginning with the 

5 first fiscal year after December 30, 2005, the Administrator shall transmit 

6 a report to the Committee on Science and Technology of the House of Rep7 resentatives and the Committee on Commerce, Science, and Transportation 

8 of the Senate— 

9 (1) setting forth in detail the results of any external review under 

10 subsection (a); 

11 (2) setting forth in detail actions taken by the Administration in re12 sponse to any external review; and 

13 (3) including a summary of findings and recommendations from any 

14 other relevant external reviews of the Administration’s science mission 

15 priorities and programs. 

16 § 30504. Assessment of science mission extensions 

17 (a) ASSESSMENT.—The Administrator shall carry out biennial reviews 

18 within each of the Science divisions to assess the cost and benefits of ex19 tending the date of the termination of data collection for those missions that 

20 have exceeded their planned mission lifetime. 

21 (b) CONSULTATION AND CONSIDERATION OF POTENTIAL BENEFITS OF

22 INSTRUMENTS ON MISSIONS.—For those missions that have an operational 

23 component, the National Oceanic and Atmospheric Administration or any 

24 other affected agency shall be consulted and the potential benefits of instru25 ments on missions that are beyond their planned mission lifetime taken into 

26 account. 

27 CHAPTER 307—INTERNATIONAL COOPERATION AND 

28 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. 

29 § 30701. Competitiveness and international cooperation 

30 (a) LIMITATION.— 

31 (1) SOLICITATION OF COMMENT.—As part of the evaluation of the 

32 costs and benefits of entering into an obligation to conduct a space 

33 mission in which a foreign entity will participate as a supplier of the 

34 spacecraft, spacecraft system, or launch system, the Administrator 

35 shall solicit comment on the potential impact of such participation 

36 through notice published in Commerce Business Daily at least 45 days 

37 before entering into such an obligation. 


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1 (2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF CHINA.—The Ad2 ministrator shall certify to Congress at least 15 days in advance of any 

3 cooperative agreement with the People’s Republic of China, or any 

4 company owned by the People’s Republic of China or incorporated 

5 under the laws of the People’s Republic of China, involving spacecraft, 

6 spacecraft systems, launch systems, or scientific or technical informa7 tion, that— 

8 (A) the agreement is not detrimental to the United States space 

9 launch industry; and 

10 (B) the agreement, including any indirect technical benefit that 

11 could be derived from the agreement, will not improve the missile 

12 or space launch capabilities of the People’s Republic of China. 

13 (3) ANNUAL AUDIT.—The Inspector General of the Administration, 

14 in consultation with appropriate agencies, shall conduct an annual 

15 audit of the policies and procedures of the Administration with respect 

16 to the export of technologies and the transfer of scientific and technical 

17 information, to assess the extent to which the Administration is car18 rying out its activities in compliance with Federal export control laws 

19 and with paragraph (2). 

20 (b) NATIONAL INTERESTS.— 

21 (1) DEFINITION OF UNITED STATES COMMERCIAL PROVIDER.—In 

22 this subsection, the term ‘‘United States commercial provider’’ means 

23 a commercial provider (as defined in section 30308(a) of this title), or24 ganized under the laws of the United States or of a State (as defined 

25 in section 30308(a) of this title), which is— 

26 (A) more than 50 percent owned by United States nationals; or 

27 (B) a subsidiary of a foreign company and the Secretary of 

28 Commerce finds that— 

29 (i) such subsidiary has in the past evidenced a substantial 

30 commitment to the United States market through— 

31 (I) investments in the United States in long-term re32 search, development, and manufacturing (including the 

33 manufacture of major components and subassemblies); 

34 and 

35 (II) significant contributions to employment in the 

36 United States; and 

37 (ii) the country or countries in which such foreign company 

38 is incorporated or organized, and, if appropriate, in which it 

39 principally conducts its business, affords reciprocal treatment 

40 to companies described in subparagraph (A) comparable to 


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1 that afforded to such foreign company’s subsidiary in the 

2 United States, as evidenced by— 

3 (I) providing comparable opportunities for companies 

4 described in subparagraph (A) to participate in Govern5 ment sponsored research and development similar to that 

6 authorized under this section, section 30307, 30308, 

7 30309, or 30702 of this title, or the National Aero8 nautics and Space Administration Authorization Act of 

9 2000 (Public Law 106–391, 114 Stat. 1577); 

10 (II) providing no barriers to companies described in 

11 subparagraph (A) with respect to local investment oppor12 tunities that are not provided to foreign companies in the 

13 United States; and 

14 (III) providing adequate and effective protection for 

15 the intellectual property rights of companies described in 

16 subparagraph (A). 

17 (2) IN GENERAL.—Before entering into an obligation described in 

18 subsection (a), the Administrator shall consider the national interests 

19 of the United States described in paragraph (3) of this subsection. 

20 (3) DESCRIPTION OF NATIONAL INTERESTS.—International coopera21 tion in space exploration and science activities most effectively serves 

22 the United States national interest when it— 

23 (A)(i) reduces the cost of undertaking missions the United 

24 States Government would pursue unilaterally; 

25 (ii) enables the United States to pursue missions that it could 

26 not otherwise afford to pursue unilaterally; or 

27 (iii) enhances United States capabilities to use and develop 

28 space for the benefit of United States citizens; 

29 (B) is undertaken in a manner that is sensitive to the desire 

30 of United States commercial providers to develop or explore space 

31 commercially; 

32 (C) is consistent with the need for Federal agencies to use space 

33 to complete their missions; and 

34 (D) is carried out in a manner consistent with United States 

35 export control laws. 

36 § 30702. Foreign contract limitation 

37 The Administration shall not enter into any agreement or contract with 

38 a foreign government that grants the foreign government the right to re39 cover profit in the event that the agreement or contract is terminated. 


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1 § 30703. Foreign launch vehicles 

2 (a) ACCORD WITH SPACE TRANSPORTATION POLICY.—The Administra3 tion shall not launch a payload on a foreign launch vehicle except in accord4 ance with the Space Transportation Policy announced by the President on 

5 December 21, 2004. This subsection shall not be construed to prevent the 

6 President from waiving the Space Transportation Policy. 

7 (b) INTERAGENCY COORDINATION.—The Administration shall not launch 

8 a payload on a foreign launch vehicle unless the Administration commenced 

9 the interagency coordination required by the Space Transportation Policy 

10 announced by the President on December 21, 2004, at least 90 days before 

11 entering into a development contract for the payload. 

12 (c) APPLICATION.—This section shall not apply to any payload for which 

13 development has begun prior to December 30, 2005, including the James 

14 Webb Space Telescope. 

15 § 30704. Offshore performance of contracts for the procure16 ment of goods and services 

17 The Administrator shall submit to Congress, not later than 120 days 

18 after the end of each fiscal year, a report on the contracts and subcontracts 

19 performed overseas and the amount of purchases directly or indirectly by 

20 the Administration from foreign entities in that fiscal year. The report shall 

21 separately indicate— 

22 (1) the contracts and subcontracts and their dollar values for which 

23 the Administrator determines that essential goods or services under the 

24 contract are available only from a source outside the United States; 

25 and 

26 (2) the items and their dollar values for which the Buy American 

27 Act (41 U.S.C. 10a et seq.) was waived pursuant to obligations of the 

28 United States under international agreements. 

29 CHAPTER 309—AWARDS 

Sec. 

30901. Congressional Space Medal of Honor. 

30902. Charles ‘‘Pete’’ Conrad Astronomy Awards. 

30 § 30901. Congressional Space Medal of Honor 

31 (a) AUTHORITY TO AWARD.—The President may award, and present in 

32 the name of Congress, a medal of appropriate design, which shall be known 

33 as the Congressional Space Medal of Honor, to any astronaut who in the 

34 performance of the astronaut’s duties has distinguished himself or herself 

35 by exceptionally meritorious efforts and contributions to the welfare of the 

36 Nation and of humankind. 


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1 (b) APPROPRIATIONS.—There is authorized to be appropriated from time 

2 to time such sums of money as may be necessary to carry out the purposes 

3 of this section. 

4 § 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards 

5 (a) SHORT TITLE.—This section may be cited as the ‘‘Charles ‘Pete’ 

6 Conrad Astronomy Awards Act’’. 

7 (b) DEFINITIONS.—In this section: 

8 (1) AMATEUR ASTRONOMER.—The term ‘‘amateur astronomer’’ 

9 means an individual whose employer does not provide any funding, pay10 ment, or compensation to the individual for the observation of asteroids 

11 and other celestial bodies, and does not include any individual employed 

12 as a professional astronomer. 

13 (2) MINOR PLANET CENTER.—The term ‘‘Minor Planet Center’’ 

14 means the Minor Planet Center of the Smithsonian Astrophysical Ob15 servatory. 

16 (3) NEAR-EARTH ASTEROID.—The term ‘‘near-Earth asteroid’’ 

17 means an asteroid with a perihelion distance of less than 1.3 Astro18 nomical Units from the Sun. 

19 (4) PROGRAM.—The term ‘‘Program’’ means the Charles ‘‘Pete’’ 

20 Conrad Astronomy Awards Program established under subsection (c). 

21 (c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS PROGRAM.— 

22 (1) IN GENERAL.—The Administrator shall establish the Charles 

23 ‘‘Pete’’ Conrad Astronomy Awards Program. 

24 (2) AWARDS.—The Administrator shall make awards under the Pro25 gram based on the recommendations of the Minor Planet Center. 

26 (3) AWARD CATEGORIES.—The Administrator shall make one annual 

27 award, unless there are no eligible discoveries or contributions, for each 

28 of the following categories: 

29 (A) DISCOVERY OF BRIGHTEST NEAR-EARTH ASTEROID.—The 

30 amateur astronomer or group of amateur astronomers who in the 

31 preceding calendar year discovered the intrinsically brightest near32 Earth asteroid among the near-Earth asteroids that were discov33 ered during that year by amateur astronomers or groups of ama34 teur astronomers. 

35 (B) GREATEST CONTRIBUTION TO CATALOGUING NEAR-EARTH

36 ASTEROIDS.—The amateur astronomer or group of amateur as37 tronomers who made the greatest contribution to the Minor Planet 

38 Center’s mission of cataloguing near-Earth asteroids during the 

39 preceding year. 

40 (4) AWARD AMOUNT.—An award under the Program shall be in the 

41 amount of $3,000. 


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1 (5) GUIDELINES.— 

2 (A) CITIZEN OR PERMANENT RESIDENT.—No individual who is 

3 not a citizen or permanent resident of the United States at the 

4 time of the individual’s discovery or contribution may receive an 

5 award under this section. 

6 (B) FINALITY.—The decisions of the Administrator in making 

7 awards under this section are final. 

8 CHAPTER 311—SAFETY 

Sec. 

31101. Aerospace Safety Advisory Panel. 

31102. Drug and alcohol testing. 

9 § 31101. Aerospace Safety Advisory Panel 

10 (a) ESTABLISHMENT AND MEMBERS.—There is established an Aerospace 

11 Safety Advisory Panel consisting of a maximum of 9 members who shall be 

12 appointed by the Administrator for terms of 6 years each. Not more than 

13 4 such members shall be chosen from among the officers and employees of 

14 the Administration. 

15 (b) CHAIRMAN.—One member shall be designated by the Panel as its 

16 Chairman. 

17 (c) DUTIES.—The Panel shall— 

18 (1) review safety studies and operations plans referred to it, includ19 ing evaluating the Administration’s compliance with the return-to-flight 

20 and continue-to-fly recommendations of the Columbia Accident Inves21 tigation Board, and make reports thereon; 

22 (2) advise the Administrator and Congress with respect to— 

23 (A) the hazards of proposed or existing facilities and proposed 

24 operations; 

25 (B) the adequacy of proposed or existing safety standards; and 

26 (C) management and culture related to safety; and 

27 (3) perform such other duties as the Administrator may request. 

28 (d) COMPENSATION AND EXPENSES.— 

29 (1) COMPENSATION.— 

30 (A) FEDERAL OFFICERS AND EMPLOYEES.—A member of the 

31 Panel who is an officer or employee of the Federal Government 

32 shall receive no compensation for the member’s services as such. 

33 (B) MEMBERS APPOINTED FROM OUTSIDE THE FEDERAL GOV34 ERNMENT.—A member of the Panel appointed from outside the 

35 Federal Government shall receive compensation, at a rate not to 

36 exceed the per diem rate equivalent to the maximum rate payable 

37 under section 5376 of title 5, for each day the member is engaged 

38 in the actual performance of duties vested in the Panel. 


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1 (2) EXPENSES.—A member of the Panel shall be allowed necessary 

2 travel expenses (or in the alternative, mileage for use of a privately 

3 owned vehicle and a per diem in lieu of subsistence not to exceed the 

4 rate and amount prescribed in sections 5702 and 5704 of title 5), and 

5 other necessary expenses incurred by the member in the performance 

6 of duties vested in the Panel, without regard to the provisions of sub7 chapter I of chapter 57 of title 5, the Standardized Government Travel 

8 Regulations, or section 5731 of title 5. 

9 (e) ANNUAL REPORT.—The Panel shall submit an annual report to the 

10 Administrator and to Congress. In the first annual report submitted after 

11 December 30, 2005, the Panel shall include an evaluation of the Adminis12 tration’s management and culture related to safety. Each annual report 

13 shall include an evaluation of the Administration’s compliance with the rec14 ommendations of the Columbia Accident Investigation Board through retire15 ment of the space shuttle. 

16 § 31102. Drug and alcohol testing 

17 (a) DEFINITION OF CONTROLLED SUBSTANCE.—In this section, the term 

18 ‘‘controlled substance’’ means any substance under section 102(6) of the 

19 Controlled Substances Act (21 U.S.C. 802(6)) specified by the Adminis20 trator. 

21 (b) TESTING PROGRAM.— 

22 (1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall es23 tablish a program applicable to employees of the Administration whose 

24 duties include responsibility for safety-sensitive, security, or national 

25 security functions. Such program shall provide for preemployment, rea26 sonable suspicion, random, and post-accident testing for use, in viola27 tion of applicable law or Federal regulation, of alcohol or a controlled 

28 substance. The Administrator may also prescribe regulations, as the 

29 Administrator considers appropriate in the interest of safety, security, 

30 and national security, for the conduct of periodic recurring testing of 

31 such employees for such use in violation of applicable law or Federal 

32 regulation. 

33 (2) EMPLOYEES OF CONTRACTORS.—The Administrator shall, in the 

34 interest of safety, security, and national security, prescribe regulations. 

35 Such regulations shall establish a program that requires Administration 

36 contractors to conduct preemployment, reasonable suspicion, random, 

37 and post-accident testing of contractor employees responsible for safe38 ty-sensitive, security, or national security functions (as determined by 

39 the Administrator) for use, in violation of applicable law or Federal 

40 regulation, of alcohol or a controlled substance. The Administrator may 

41 also prescribe regulations, as the Administrator considers appropriate 


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1 in the interest of safety, security, and national security, for the conduct 

2 of periodic recurring testing of such employees for such use in violation 

3 of applicable law or Federal regulation. 

4 (3) SUSPENSION, DISQUALIFICATION, OR DISMISSAL.—In prescribing 

5 regulations under the programs required by this subsection, the Admin6 istrator shall require, as the Administrator considers appropriate, the 

7 suspension, disqualification, or dismissal of any employee to which 

8 paragraph (1) or (2) applies, in accordance with the provisions of this 

9 section, in any instance where a test conducted and confirmed under 

10 this section indicates that such employee has used, in violation of appli11 cable law or Federal regulation, alcohol or a controlled substance. 

12 (c) PROHIBITION ON SERVICE.— 

13 (1) PROHIBITION UNLESS PROGRAM OF REHABILITATION COM14 PLETED.—No individual who is determined by the Administrator under 

15 this section to have used, in violation of applicable law or Federal regu16 lation, alcohol or a controlled substance after December 9, 1991, shall 

17 serve as an Administration employee with responsibility for safety-sen18 sitive, security, or national security functions (as determined by the 

19 Administrator), or as an Administration contractor employee with such 

20 responsibility, unless such individual has completed a program of reha21 bilitation described in subsection (d). 

22 (2) UNCONDITIONAL PROHIBITION.—Any such individual determined 

23 by the Administrator under this section to have used, in violation of 

24 applicable law or Federal regulation, alcohol or a controlled substance 

25 after December 9, 1991, shall not be permitted to perform the duties 

26 that the individual performed prior to the date of the determination, 

27 if the individual— 

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

29 (B) prior to such use had undertaken or completed a rehabilita30 tion program described in subsection (d); 

31 (C) following such determination refuses to undertake such a re32 habilitation program; or 

33 (D) following such determination fails to complete such a reha34 bilitation program. 

35 (d) PROGRAM FOR REHABILITATION.— 

36 (1) REGULATIONS AND AVAILABILITY OF PROGRAM FOR CON37 TRACTOR EMPLOYEES.—The Administrator shall prescribe regulations 

38 setting forth requirements for rehabilitation programs which at a min39 imum provide for the identification and opportunity for treatment of 

40 employees referred to in subsection (b) in need of assistance in resolv41 ing problems with the use, in violation of applicable law or Federal regVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 ulation, of alcohol or a controlled substance. Each contractor is encour2 aged to make such a program available to all of its employees in addi3 tion to those employees referred to in subsection (b)(2). The Adminis4 trator shall determine the circumstances under which such employees 

5 shall be required to participate in such a program. Nothing in this sub6 section shall preclude any Administration contractor from establishing 

7 a program under this subsection in cooperation with any other such 

8 contractor. 

9 (2) ESTABLISHMENT AND MAINTENANCE OF PROGRAM FOR ADMINIS10 TRATION EMPLOYEES.—The Administrator shall establish and maintain 

11 a rehabilitation program which at a minimum provides for the identi12 fication and opportunity for treatment of those employees of the Ad13 ministration whose duties include responsibility for safety-sensitive, se14 curity, or national security functions who are in need of assistance in 

15 resolving problems with the use of alcohol or controlled substances. 

16 (e) PROCEDURES FOR TESTING.—In establishing the programs required 

17 under subsection (b), the Administrator shall develop requirements which 

18 shall— 

19 (1) promote, to the maximum extent practicable, individual privacy 

20 in the collection of specimen samples; 

21 (2) with respect to laboratories and testing procedures for controlled 

22 substances, incorporate the Department of Health and Human Services 

23 scientific and technical guidelines dated April 11, 1988, and any subse24 quent amendments thereto, including mandatory guidelines which— 

25 (A) establish comprehensive standards for all aspects of labora26 tory controlled substances testing and laboratory procedures to be 

27 applied in carrying out this section, including standards which re28 quire the use of the best available technology for ensuring the full 

29 reliability and accuracy of controlled substances tests and strict 

30 procedures governing the chain of custody of specimen samples 

31 collected for controlled substances testing; 

32 (B) establish the minimum list of controlled substances for 

33 which individuals may be tested; and 

34 (C) establish appropriate standards and procedures for periodic 

35 review of laboratories and criteria for certification and revocation 

36 of certification of laboratories to perform controlled substances 

37 testing in carrying out this section; 

38 (3) require that all laboratories involved in the controlled substances 

39 testing of any individual under this section shall have the capability 

40 and facility, at such laboratory, of performing screening and confirma41 tion tests; 


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1 (4) provide that all tests which indicate the use, in violation of appli2 cable law or Federal regulation, of alcohol or a controlled substance by 

3 any individual shall be confirmed by a scientifically recognized method 

4 of testing capable of providing quantitative data regarding alcohol or 

5 a controlled substance; 

6 (5) provide that each specimen sample be subdivided, secured, and 

7 labelled in the presence of the tested individual and that a portion 

8 thereof be retained in a secure manner to prevent the possibility of 

9 tampering, so that in the event the individual’s confirmation test re10 sults are positive the individual has an opportunity to have the retained 

11 portion assayed by a confirmation test done independently at a second 

12 certified laboratory if the individual requests the independent test with13 in 3 days after being advised of the results of the initial confirmation 

14 test; 

15 (6) ensure appropriate safeguards for testing to detect and quantify 

16 alcohol in breath and body fluid samples, including urine and blood, 

17 through the development of regulations as may be necessary and in 

18 consultation with the Department of Health and Human Services; 

19 (7) provide for the confidentiality of test results and medical infor20 mation of employees; and 

21 (8) ensure that employees are selected for tests by nondiscriminatory 

22 and impartial methods, so that no employee is harassed by being treat23 ed differently from other employees in similar circumstances. 

24 (f) EFFECT ON OTHER LAWS AND REGULATIONS.— 

25 (1) CONSISTENCY WITH FEDERAL REGULATION.—No State or local 

26 government shall adopt or have in effect any law, rule, regulation, ordi27 nance, standard, or order that is inconsistent with the regulations pro28 mulgated under this section. 

29 (2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 9, 

30 1991.—Nothing in this section shall be construed to restrict the discre31 tion of the Administrator to continue in force, amend, or further sup32 plement any regulations issued before December 9, 1991, that govern 

33 the use of alcohol and controlled substances by Administration employ34 ees with responsibility for safety-sensitive, security, and national secu35 rity functions (as determined by the Administrator), or by Administra36 tion contractor employees with such responsibility. 

37 CHAPTER 313—HEALTHCARE 

Sec. 

31301. Healthcare program. 

31302. Astronaut healthcare survey. 


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1 § 31301. Healthcare program 

2 The Administrator shall develop a plan to better understand the longitu3 dinal health effects of space flight on humans. In the development of the 

4 plan, the Administrator shall consider the need for the establishment of a 

5 lifetime healthcare program for Administration astronauts and their families 

6 or other methods to obtain needed health data from astronauts and retired 

7 astronauts. 

8 § 31302. Astronaut healthcare survey 

9 (a) SURVEY.—The Administrator shall administer an anonymous survey 

10 of astronauts and flight surgeons to evaluate communication, relationships, 

11 and the effectiveness of policies. The survey questions and the analysis of 

12 results shall be evaluated by experts independent of the Administration. The 

13 survey shall be administered on at least a biennial basis. 

14 (b) REPORT.—The Administrator shall transmit a report of the results 

15 of the survey to Congress not later than 90 days following completion of 

16 the survey. 

17 CHAPTER 315—MISCELLANEOUS 

Sec. 

31501. Orbital debris. 

31502. Maintenance of facilities. 

31503. Laboratory productivity. 

31504. Cooperative unmanned aerial vehicle activities. 

31505. Development of enhanced-use lease policy. 

18 § 31501. Orbital debris 

19 The Administrator, in conjunction with the heads of other Federal agen20 cies, shall take steps to develop or acquire technologies that will enable the 

21 Administration to decrease the risks associated with orbital debris. 

22 § 31502. Maintenance of facilities 

23 In order to sustain healthy Centers that are capable of carrying out the 

24 Administration’s missions, the Administrator shall ensure that adequate 

25 maintenance and upgrading of those Center facilities is performed on a reg26 ular basis. 

27 § 31503. Laboratory productivity 

28 The Administration’s laboratories are a critical component of the Admin29 istration’s research capabilities, and the Administrator shall ensure that 

30 those laboratories remain productive. 

31 § 31504. Cooperative unmanned aerial vehicle activities 

32 The Administrator, in cooperation with the Administrator of the National 

33 Oceanic and Atmospheric Administration and in coordination with other 

34 agencies that have existing civil capabilities, shall continue to utilize the ca35 pabilities of unmanned aerial vehicles as appropriate in support of Adminis36 tration and interagency cooperative missions. The Administrator may enter 


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1 into cooperative agreements with universities with unmanned aerial vehicle 

2 programs and related assets to conduct collaborative research and develop3 ment activities, including development of appropriate applications of small 

4 unmanned aerial vehicle technologies and systems in remote areas. 

5 § 31505. Development of enhanced-use lease policy 

6 (a) IN GENERAL.—The Administrator shall develop an agency-wide en7 hanced-use lease policy that— 

8 (1) is based upon sound business practices and lessons learned from 

9 the demonstration centers; and 

10 (2) establishes controls and procedures to ensure accountability and 

11 protect the interests of the Government. 

12 (b) CONTENTS.—The policy required by subsection (a) shall include the 

13 following: 

14 (1) CRITERIA FOR DETERMINING ECONOMIC VALUE.—Criteria for 

15 determining whether enhanced-use lease provides better economic value 

16 to the Government than other options, such as— 

17 (A) Federal financing through appropriations; or 

18 (B) sale of the property. 

19 (2) SECURITY AND ACCESS.—Requirement for the identification of 

20 proposed physical and procedural changes needed to ensure security 

21 and restrict access to specified areas, coordination of proposed changes 

22 with existing site tenants, and development of estimated costs of such 

23 changes. 

24 (3) MEASURES OF EFFECTIVENESS.—Measures of effectiveness for 

25 the enhanced-use lease program. 

26 (4) ACCOUNTING CONTROLS.—Accounting controls and procedures to 

27 ensure accountability, such as an audit trail and documentation to 

28 readily support financial transactions. 

29 Subtitle IV—Aeronautics and Space 

30 Research and Education 

31 CHAPTER 401—AERONAUTICS 

SUBCHAPTER I—GENERAL 

Sec. 

40101. Definition of institution of higher education. 

40102. Governmental interest in aeronautics research and development. 

40103. Cooperation with other agencies on aeronautics activities. 

40104. Cooperation among Mission Directorates. 

SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND 

DEVELOPMENT PROGRAMS 

40111. Fundamental research program. 

40112. Research and technology programs. 

40113. Airspace systems research. 

40114. Aviation safety and security research. 


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40115. Aviation weather research. 

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

SUBCHAPTER III—SCHOLARSHIPS 

40131. Aeronautics scholarships. 

SUBCHAPTER IV—DATA REQUESTS 

40141. Aviation data requests. 

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 § 40103. Cooperation with other agencies on aeronautics ac18 tivities 

19 The Administrator shall coordinate, as appropriate, the Administration’s 

20 aeronautics activities with relevant programs in the Department of Trans21 portation, the Department of Defense, the Department of Commerce, and 

22 the Department of Homeland Security, including the activities of the Next 

23 Generation Air Transportation System Joint Planning and Development Of24 fice established under section 709 of the Vision 100—Century of Aviation 

25 Reauthorization Act (Public Law 108–176, 49 U.S.C. 40101 note). 

26 § 40104. Cooperation among Mission Directorates 

27 Research and development activities performed by the Aeronautics Re28 search Mission Directorate with the primary objective of assisting in the de29 velopment of a flight project in another Mission Directorate shall be funded 

30 by the Mission Directorate seeking assistance. 

31 SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH 

32 AND DEVELOPMENT PROGRAMS 

33 § 40111. Fundamental research program 

34 (a) OBJECTIVE.—In order to ensure that the Nation maintains needed 

35 capabilities in fundamental areas of aeronautics research, the Administrator 

36 shall establish a program of long-term fundamental research in aeronautical 

37 sciences and technologies that is not tied to specific development projects. 


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1 (b) OPERATION.—The Administrator shall conduct the program under 

2 this section, in part by awarding grants to institutions of higher education. 

3 The Administrator shall encourage the participation of institutions of higher 

4 education located in States that participate in the Experimental Program 

5 to Stimulate Competitive Research. All grants to institutions of higher edu6 cation under this section shall be awarded through merit review. 

7 § 40112. Research and technology programs 

8 (a) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The Ad9 ministrator may establish an initiative with the objective of developing and 

10 demonstrating, in a relevant environment, airframe and propulsion tech11 nologies to enable efficient, economical overland flight of supersonic civil 

12 transport aircraft with no significant impact on the environment. 

13 (b) ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES.— 

14 The Administrator may establish a rotorcraft and other runway-independent 

15 air vehicles initiative with the objective of developing and demonstrating im16 proved safety, noise, and environmental impact in a relevant environment. 

17 (c) HYPERSONICS RESEARCH.—The Administrator may establish a 

18 hypersonics research program with the objective of exploring the science and 

19 technology of hypersonic flight using air-breathing propulsion concepts, 

20 through a mix of theoretical work, basic and applied research, and develop21 ment of flight research demonstration vehicles. The program may also in22 clude the transition to the hypersonic range of Mach 3 to Mach 5. 

23 (d) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Administrator 

24 may establish a research program which covers a unique range of subsonic, 

25 fixed wing vehicles and propulsion concepts. This research is intended to 

26 push technology barriers beyond current subsonic technology. Propulsion 

27 concepts include advanced materials, morphing engines, hybrid engines, and 

28 fuel cells. 

29 (e) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 

30 (1) OBJECTIVE.—The Administrator may establish a fuel cell-pow31 ered aircraft research program whose objective shall be to develop and 

32 test concepts to enable a hydrogen fuel cell-powered aircraft that would 

33 have no hydrocarbon or nitrogen oxide emissions into the environment. 

34 (2) APPROACH.—The Administrator may establish a program of 

35 competitively awarded grants available to teams of researchers that 

36 may include the participation of individuals from universities, industry, 

37 and government for the conduct of this research. 

38 (f) MARS AIRCRAFT RESEARCH.— 

39 (1) OBJECTIVE.—The Administrator may establish a Mars Aircraft 

40 project whose objective shall be to develop and test concepts for an 


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1 uncrewed aircraft that could operate for sustained periods in the at2 mosphere of Mars. 

3 (2) APPROACH.—The Administrator may establish a program of 

4 competitively awarded grants available to teams of researchers that 

5 may include the participation of individuals from universities, industry, 

6 and government for the conduct of this research. 

7 § 40113. Airspace systems research 

8 (a) OBJECTIVE.—The Airspace Systems Research program shall pursue 

9 research and development to enable revolutionary improvements to and mod10 ernization of the National Airspace System, as well as to enable the intro11 duction of new systems for vehicles that can take advantage of an improved, 

12 modern air transportation system. 

13 (b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 

14 Administrator shall align the projects of the Airspace Systems Research 

15 program so that they directly support the objectives of the Joint Planning 

16 and Development Office’s Next Generation Air Transportation System Inte17 grated Plan. 

18 § 40114. Aviation safety and security research 

19 (a) OBJECTIVE.—The Aviation Safety and Security Research program 

20 shall pursue research and development activities that directly address the 

21 safety and security needs of the National Airspace System and the aircraft 

22 that fly in it. The program shall develop prevention, intervention, and miti23 gation technologies aimed at causal, contributory, or circumstantial factors 

24 of aviation accidents. 

25 (b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 

26 Administrator shall align the projects of the Aviation Safety and Security 

27 Research program so that they directly support the objectives of the Joint 

28 Planning and Development Office’s Next Generation Air Transportation 

29 System Integrated Plan. 

30 § 40115. Aviation weather research 

31 The Administrator may carry out a program of collaborative research 

32 with the National Oceanic and Atmospheric Administration on convective 

33 weather events, with the goal of significantly improving the reliability of 2- 

34 hour to 6-hour aviation weather forecasts. 

35 § 40116. University-based Centers for Research on Aviation 

36 Training 

37 (a) IN GENERAL.—The Administrator shall award grants to institutions 

38 of higher education (or consortia thereof) to establish one or more Centers 

39 for Research on Aviation Training under cooperative agreements with ap40 propriate Administration Centers. 


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1 (b) PURPOSE.—The purpose of the Centers for Research on Aviation 

2 Training shall be to investigate the impact of new technologies and proce3 dures, particularly those related to the aircraft flight deck and to the air 

4 traffic management functions, on training requirements for pilots and air 

5 traffic controllers. 

6 (c) APPLICATION.—An institution of higher education (or a consortium 

7 of such institutions) seeking funding under this section shall submit an ap8 plication to the Administrator at such time, in such manner, and containing 

9 such information as the Administrator may require, including, at a min10 imum, a 5-year research plan. 

11 (d) AWARD DURATION.—An award made by the Administrator under this 

12 section shall be for a period of 5 years and may be renewed on the basis 

13 of— 

14 (1) satisfactory performance in meeting the goals of the research 

15 plan proposed in the application submitted under subsection (c); and 

16 (2) other requirements as specified by the Administrator. 

17 SUBCHAPTER III—SCHOLARSHIPS 

18 § 40131. Aeronautics scholarships 

19 (a) ESTABLISHMENT.—The Administrator shall establish a program of 

20 scholarships for full-time graduate students who are United States citizens 

21 and are enrolled in, or have been accepted by and have indicated their inten22 tion to enroll in, accredited Masters degree programs in aeronautical engi23 neering or equivalent programs at institutions of higher education. Each 

24 such scholarship shall cover the costs of room, board, tuition, and fees, and 

25 may be provided for a maximum of 2 years. 

26 (b) IMPLEMENTATION.—Not later than 180 days after December 30, 

27 2005, the Administrator shall publish regulations governing the scholarship 

28 program under this section. 

29 (c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have been 

30 awarded a scholarship under this section shall have the opportunity for paid 

31 employment at one of the Administration Centers engaged in aeronautics re32 search and development during the summer prior to the first year of the 

33 student’s Masters program, and between the first and second year, if appli34 cable. 

35 SUBCHAPTER IV—DATA REQUESTS 

36 § 40141. Aviation data requests 

37 The Administrator shall make available upon request satellite imagery 

38 and aerial photography of remote terrain that the Administration owns at 

39 the time of the request to the Administrator of the Federal Aviation Admin40 istration or the Director of the Five Star Medallion Program, to assist and 

41 train pilots in navigating challenging topographical features of such terrain. 


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1 CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND 

2 FELLOWSHIP PROGRAM 

Sec. 

40301. Purposes. 

40302. Definitions. 

40303. National space grant college and fellowship program. 

40304. Grants or contracts. 

40305. Specific national needs. 

40306. Space grant college and space grant regional consortium. 

40307. Space grant fellowship program. 

40308. Space grant review panel. 

40309. Availability of other Federal personnel and data. 

40310. Designation or award to be on competitive basis. 

40311. Continuing emphasis. 

3 § 40301. Purposes 

4 The purposes of this chapter are to— 

5 (1) increase the understanding, assessment, development, and utiliza6 tion of space resources by promoting a strong educational base, respon7 sive research and training activities, and broad and prompt dissemina8 tion of knowledge and techniques; 

9 (2) utilize the abilities and talents of the universities of the Nation 

10 to support and contribute to the exploration and development of the 

11 resources and opportunities afforded by the space environment; 

12 (3) encourage and support, within the university community of the 

13 Nation, the existence of interdisciplinary and multidisciplinary pro14 grams of space research that— 

15 (A) engage in integrated activities of training, research, and 

16 public service; 

17 (B) have cooperative programs with industry; and 

18 (C) are coordinated with the overall program of the Administra19 tion; 

20 (4) encourage and support the existence of consortia, made up of 

21 university and industry members, in order to advance the exploration 

22 and development of space resources in cases in which national objec23 tives can be better fulfilled through such consortia than through the 

24 programs of single universities; 

25 (5) encourage and support Federal funding for graduate fellowships 

26 in fields related to space; and 

27 (6) support activities in colleges and universities generally for the 

28 purpose of creating and operating a network of institutional programs 

29 that will enhance achievements resulting from efforts under this chap30 ter. 

31 § 40302. Definitions 

32 In this chapter: 


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1 (1) AERONAUTICAL AND SPACE ACTIVITIES.—The term ‘‘aero2 nautical and space activities’’ has the meaning given the term in sec3 tion 20103 of this title. 

4 (2) FIELD RELATED TO SPACE.—The term ‘‘field related to space’’ 

5 means any academic discipline or field of study (including the physical, 

6 natural, and biological sciences, and engineering, space technology, edu7 cation, economics, sociology, communications, planning, law, inter8 national affairs, and public administration) which is concerned with or 

9 likely to improve the understanding, assessment, development, and uti10 lization of space. 

11 (3) PANEL.—The term ‘‘panel’’ means the space grant review panel 

12 established pursuant to section 40308 of this title. 

13 (4) PERSON.—The term ‘‘person’’ means any individual, any public 

14 or private corporation, partnership, or other association or entity (in15 cluding any space grant college, space grant regional consortium, insti16 tution of higher education, institute, or laboratory), or any State, polit17 ical subdivision of a State, or agency or officer of a State or political 

18 subdivision of a State. 

19 (5) SPACE ENVIRONMENT.—The term ‘‘space environment’’ means 

20 the environment beyond the sensible atmosphere of the Earth. 

21 (6) SPACE GRANT COLLEGE.—The term ‘‘space grant college’’ means 

22 any public or private institution of higher education which is designated 

23 as such by the Administrator pursuant to section 40306 of this title. 

24 (7) SPACE GRANT PROGRAM.—The term ‘‘space grant program’’ 

25 means any program that— 

26 (A) is administered by any space grant college, space grant re27 gional consortium, institution of higher education, institute, lab28 oratory, or State or local agency; and 

29 (B) includes 2 or more projects involving education and one or 

30 more of the following activities in the fields related to space: 

31 (i) Research. 

32 (ii) Training. 

33 (iii) Advisory services. 

34 (8) SPACE GRANT REGIONAL CONSORTIUM.—The term ‘‘space grant 

35 regional consortium’’ means any association or other alliance that is 

36 designated as a space grant regional consortium by the Administrator 

37 pursuant to section 40306 of this title. 

38 (9) SPACE RESOURCE.—The term ‘‘space resource’’ means any tan39 gible or intangible benefit which can be realized only from— 

40 (A) aeronautical and space activities; or 

41 (B) advancements in any field related to space. 


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1 (10) STATE.—The term ‘‘State’’ means any State of the United 

2 States, the District of Columbia, the Commonwealth of Puerto Rico, 

3 the Virgin Islands, Guam, American Samoa, the Commonwealth of the 

4 Northern Mariana Islands, or any other territory or possession of the 

5 United States. 

6 § 40303. National space grant college and fellowship pro7 gram 

8 (a) ESTABLISHMENT.—The Administrator shall establish and maintain, 

9 within the Administration, a program to be known as the national space 

10 grant college and fellowship program. The national space grant college and 

11 fellowship program shall consist of the financial assistance and other activi12 ties provided for in this chapter. The Administrator shall establish long13 range planning guidelines and priorities, and adequately evaluate the pro14 gram. 

15 (b) FUNCTIONS.—Within the Administration, the program shall— 

16 (1) apply the long-range planning guidelines and the priorities estab17 lished by the Administrator under subsection (a); 

18 (2) advise the Administrator with respect to the expertise and capa19 bilities which are available through the national space grant college and 

20 fellowship program, and make such expertise available to the Adminis21 tration as directed by the Administrator; 

22 (3) evaluate activities conducted under grants and contracts awarded 

23 pursuant to sections 40304 and 40305 of this title to ensure that the 

24 purposes set forth in section 40301 of this title are implemented; 

25 (4) encourage other Federal departments, agencies, and instrumen26 talities to use and take advantage of the expertise and capabilities 

27 which are available through the national space grant college and fellow28 ship program, on a cooperative or other basis; 

29 (5) encourage cooperation and coordination with other Federal pro30 grams concerned with the development of space resources and fields re31 lated to space; 

32 (6) advise the Administrator on the designation of recipients sup33 ported by the national space grant college and fellowship program and, 

34 in appropriate cases, on the termination or suspension of any such des35 ignation; and 

36 (7) encourage the formation and growth of space grant and fellow37 ship programs. 

38 (c) GENERAL AUTHORITIES.—To carry out the provisions of this chapter, 

39 the Administrator may— 

40 (1) accept conditional or unconditional gifts or donations of services, 

41 money, or property, real, personal or mixed, tangible or intangible; 


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1 (2) accept and use funds from other Federal departments, agencies, 

2 and instrumentalities to pay for fellowships, grants, contracts, and 

3 other transactions; and 

4 (3) issue such rules and regulations as may be necessary and appro5 priate. 

6 § 40304. Grants or contracts 

7 (a) AUTHORITY OF ADMINISTRATOR.—The Administrator may make 

8 grants and enter into contracts or other transactions under this subsection 

9 to assist any space grant and fellowship program or project if the Adminis10 trator finds that the program or project will carry out the purposes set forth 

11 in section 40301 of this title. The total amount paid pursuant to a grant 

12 or contract may equal not more than 66 percent of the total cost of the 

13 space grant and fellowship program or project involved, except in the case 

14 of grants or contracts paid for with funds accepted by the Administrator 

15 pursuant to section 40303(c)(2) of this title. 

16 (b) SPECIAL GRANTS.—The Administrator may make special grants 

17 under this subsection to carry out the purposes set forth in section 40301 

18 of this title. The amount of a special grant may equal up to 100 percent 

19 of the total cost of the project involved. A special grant may be made under 

20 this subsection only if the Administrator finds that— 

21 (1) no reasonable means is available through which the applicant can 

22 meet the matching requirement for a grant under subsection (a); 

23 (2) the probable benefit of the project outweighs the public interest 

24 in the matching requirement; and 

25 (3) the same or equivalent benefit cannot be obtained through the 

26 award of a contract or grant under subsection (a) or section 40305 of 

27 this title. 

28 (c) APPLICATION.—Any person may apply to the Administrator for a 

29 grant or contract under this section. Application shall be made in such form 

30 and manner, and with such content and other submissions, as the Adminis31 trator shall by regulation prescribe. 

32 (d) TERMS AND CONDITIONS.— 

33 (1) IN GENERAL.—Any grant made, or contract entered into, under 

34 this section shall be subject to the limitations and provisions set forth 

35 in paragraphs (2) and (3) and to such other terms, conditions, and re36 quirements as the Administrator considers necessary or appropriate. 

37 (2) LIMITATIONS.—No payment under any grant or contract under 

38 this section may be applied to— 

39 (A) the purchase of any land; 

40 (B) the purchase, construction, preservation, or repair of any 

41 building; or 


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1 (C) the purchase or construction of any launch facility or launch 

2 vehicle. 

3 (3) LEASES.—Notwithstanding paragraph (2), the items in subpara4 graphs (A), (B), and (C) of such paragraph may be leased upon writ5 ten approval of the Administrator. 

6 (4) RECORDS.—Any person that receives or utilizes any proceeds of 

7 any grant or contract under this section shall keep such records as the 

8 Administrator shall by regulation prescribe as being necessary and ap9 propriate to facilitate effective audit and evaluation, including records 

10 which fully disclose the amount and disposition by such recipient of 

11 such proceeds, the total cost of the program or project in connection 

12 with which such proceeds were used, and the amount, if any, of such 

13 cost which was provided through other sources. Such records shall be 

14 maintained for 3 years after the completion of such a program or 

15 project. The Administrator and the Comptroller General of the United 

16 States, or any of their duly authorized representatives, shall have ac17 cess, for the purpose of audit and evaluation, to any books, documents, 

18 papers, and records of receipts which, in the opinion of the Adminis19 trator or the Comptroller General, may be related or pertinent to such 

20 grants and contracts. 

21 § 40305. Specific national needs 

22 (a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND CON23 TRACTING AUTHORITY.—The Administrator shall identify specific national 

24 needs and problems relating to space. The Administrator may make grants 

25 or enter into contracts under this section with respect to such needs or 

26 problems. The amount of any such grant or contract may equal up to 100 

27 percent of the total cost of the project involved. 

28 (b) APPLICATIONS FOR GRANTS OR CONTRACTS.—Any person may apply 

29 to the Administrator for a grant or contract under this section. In addition, 

30 the Administrator may invite applications with respect to specific national 

31 needs or problems identified under subsection (a). Application shall be made 

32 in such form and manner, and with such content and other submissions, 

33 as the Administrator shall by regulation prescribe. Any grant made, or con34 tract entered into, under this section shall be subject to the limitations and 

35 provisions set forth in paragraphs (2) and (4) of section 40304(d) of this 

36 title and to such other terms, conditions, and requirements as the Adminis37 trator considers necessary or appropriate. 

38 § 40306. Space grant college and space grant regional con39 sortium 

40 (a) DESIGNATION AND QUALIFICATIONS.— 


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1 (1) AUTHORITY TO DESIGNATE.—The Administrator may des2 ignate— 

3 (A) any institution of higher education as a space grant college; 

4 and 

5 (B) any association or other alliance of 2 or more persons, other 

6 than individuals, as a space grant regional consortium. 

7 (2) SPACE GRANT COLLEGE REQUIREMENTS.—No institution of 

8 higher education may be designated as a space grant college unless the 

9 Administrator finds that such institution— 

10 (A) is maintaining a balanced program of research, education, 

11 training, and advisory services in fields related to space; 

12 (B) will act in accordance with such guidelines as are prescribed 

13 under subsection (b)(2); and 

14 (C) meets such other qualifications as the Administrator con15 siders necessary or appropriate. 

16 (3) SPACE GRANT REGIONAL CONSORTIUM REQUIREMENTS.—No as17 sociation or other alliance of 2 or more persons may be designated as 

18 a space grant regional consortium unless the Administrator finds that 

19 such association or alliance— 

20 (A) is established for the purpose of sharing expertise, research, 

21 educational facilities or training facilities, and other capabilities in 

22 order to facilitate research, education, training, and advisory serv23 ices in any field related to space; 

24 (B) will encourage and follow a regional approach to solving 

25 problems or meeting needs relating to space, in cooperation with 

26 appropriate space grant colleges, space grant programs, and other 

27 persons in the region; 

28 (C) will act in accordance with such guidelines as are prescribed 

29 under subsection (b)(2); and 

30 (D) meets such other qualifications as the Administrator con31 siders necessary or appropriate. 

32 (b) QUALIFICATIONS AND GUIDELINES.—The Administrator shall by reg33 ulation prescribe— 

34 (1) the qualifications required to be met under paragraphs (2)(C) 

35 and (3)(D) of subsection (a); and 

36 (2) guidelines relating to the activities and responsibilities of space 

37 grant colleges and space grant regional consortia. 

38 (c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Administrator 

39 may, for cause and after an opportunity for hearing, suspend or terminate 

40 any designation under subsection (a). 


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1 § 40307. Space grant fellowship program 

2 (a) AWARD OF FELLOWSHIPS.—The Administrator shall support a space 

3 grant fellowship program to provide educational and training assistance to 

4 qualified individuals at the graduate level of education in fields related to 

5 space. Such fellowships shall be awarded pursuant to guidelines established 

6 by the Administrator. Space grant fellowships shall be awarded to individ7 uals at space grant colleges, space grant regional consortia, other colleges 

8 and institutions of higher education, professional associations, and institutes 

9 in such a manner as to ensure wide geographic and institutional diversity 

10 in the pursuit of research under the fellowship program. 

11 (b) LIMITATION ON AMOUNT PROVIDED.—The total amount which may 

12 be provided for grants under the space grant fellowship program during any 

13 fiscal year shall not exceed an amount equal to 50 percent of the total funds 

14 appropriated for such year pursuant to this chapter. 

15 (c) AUTHORITY TO SPONSOR OTHER RESEARCH FELLOWSHIP PROGRAMS

16 UNAFFECTED.—Nothing in this section shall be construed to prohibit the 

17 Administrator from sponsoring any research fellowship program, including 

18 any special emphasis program, which is established under an authority other 

19 than this chapter. 

20 § 40308. Space grant review panel 

21 (a) ESTABLISHMENT.—The Administrator shall establish an independent 

22 committee known as the space grant review panel, which shall not be subject 

23 to the provisions of the Federal Advisory Committee Act (5 App. U.S.C.). 

24 (b) DUTIES.—The panel shall take such steps as may be necessary to re25 view, and shall advise the Administrator with respect to— 

26 (1) applications or proposals for, and performance under, grants and 

27 contracts awarded pursuant to sections 40304 and 40305 of this title; 

28 (2) the space grant fellowship program; 

29 (3) the designation and operation of space grant colleges and space 

30 grant regional consortia, and the operation of space grant and fellow31 ship programs; 

32 (4) the formulation and application of the planning guidelines and 

33 priorities pursuant to subsections (a) and (b)(1) of section 40303 of 

34 this title; and 

35 (5) such other matters as the Administrator refers to the panel for 

36 review and advice. 

37 (c) PERSONNEL AND ADMINISTRATIVE SERVICES.—The Administrator 

38 shall make available to the panel any information, personnel, and adminis39 trative services and assistance which is reasonable to carry out the duties 

40 of the panel. 

41 (d) MEMBERS.— 


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1 (1) APPOINTMENT.—The Administrator shall appoint the voting 

2 members of the panel. A majority of the voting members shall be indi3 viduals who, by reason of knowledge, experience, or training, are espe4 cially qualified in one or more of the disciplines and fields related to 

5 space. The other voting members shall be individuals who, by reason 

6 of knowledge, experience, or training, are especially qualified in, or rep7 resentative of, education, extension services, State government, indus8 try, economics, planning, or any other activity related to efforts to en9 hance the understanding, assessment, development, or utilization of 

10 space resources. The Administrator shall consider the potential conflict 

11 of interest of any individual in making appointments to the panel. 

12 (2) CHAIRMAN AND VICE CHAIRMAN.—The Administrator shall select 

13 one voting member to serve as the Chairman and another voting mem14 ber to serve as the Vice Chairman. The Vice Chairman shall act as 

15 Chairman in the absence or incapacity of the Chairman. 

16 (3) REIMBURSEMENT FOR EXPENSES.—Voting members of the panel 

17 who are not Federal employees shall be reimbursed for actual and rea18 sonable expenses incurred in the performance of such duties. 

19 (4) MEETINGS.—The panel shall meet on a biannual basis and, at 

20 any other time, at the call of the Chairman or upon the request of a 

21 majority of the voting members or of the Administrator. 

22 (5) POWERS.—The panel may exercise such powers as are reasonably 

23 necessary in order to carry out the duties enumerated in subsection (b). 

24 § 40309. Availability of other Federal personnel and data 

25 Each department, agency, or other instrumentality of the Federal Govern26 ment that is engaged in or concerned with, or that has authority over, mat27 ters relating to space— 

28 (1) may, upon a written request from the Administrator, make avail29 able, on a reimbursable basis or otherwise, any personnel (with their 

30 consent and without prejudice to their position and rating), service, or 

31 facility which the Administrator considers necessary to carry out any 

32 provision of this chapter; 

33 (2) may, upon a written request from the Administrator, furnish any 

34 available data or other information which the Administrator considers 

35 necessary to carry out any provision of this chapter; and 

36 (3) may cooperate with the Administration. 

37 § 40310. Designation or award to be on competitive basis 

38 The Administrator shall not under this chapter designate any space grant 

39 college or space grant regional consortium or award any fellowship, grant, 

40 or contract unless such designation or award is made in accordance with 


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1 the competitive, merit-based review process employed by the Administration 

2 on October 30, 1987. 

3 § 40311. Continuing emphasis 

4 The Administration shall continue its emphasis on the importance of edu5 cation to expand opportunities for Americans to understand and participate 

6 in the Administration’s aeronautics and space projects by supporting and 

7 enhancing science and engineering education, research, and public outreach 

8 efforts. 

9 CHAPTER 405—BIOMEDICAL RESEARCH IN SPACE 

Sec. 

40501. Biomedical research joint working group. 

40502. Biomedical research grants. 

40503. Biomedical research fellowships. 

40504. Establishment of electronic data archive. 

40505. Establishment of emergency medical service telemedicine capability. 

10 § 40501. Biomedical research joint working group 

11 (a) ESTABLISHMENT.—The Administrator and the Director of the Na12 tional Institutes of Health shall jointly establish a working group to coordi13 nate biomedical research activities in areas where a microgravity environ14 ment may contribute to significant progress in the understanding and treat15 ment of diseases and other medical conditions. The joint working group 

16 shall formulate joint and complementary programs in such areas of re17 search. 

18 (b) MEMBERSHIP.—The joint working group shall include equal represen19 tation from the Administration and the National Institutes of Health, and 

20 shall include representation from National Institutes of Health councils, as 

21 selected by the Director of the National Institutes of Health, and from the 

22 National Aeronautics and Space Administration Advisory Council. 

23 (c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—The joint working 

24 group shall organize annual symposia on biomedical research described in 

25 subsection (a) under the joint sponsorship of the Administration and the 

26 National Institutes of Health. 

27 (d) ANNUAL REPORTING REQUIREMENT.—The joint working group shall 

28 report annually to Congress on its progress in carrying out this section. 

29 § 40502. Biomedical research grants 

30 (a) ESTABLISHMENT OF PROGRAM.—The Administrator and the Director 

31 of the National Institutes of Health shall establish a joint program of bio32 medical research grants in areas described in section 40501(a) of this title, 

33 where such research requires access to a microgravity environment. Such 

34 program shall be consistent with actions taken by the joint working group 

35 under section 40501 of this title. 


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1 (b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—The grants program 

2 established under subsection (a) shall annually issue joint research oppor3 tunity announcements under the sponsorship of the National Institutes of 

4 Health and the Administration. Responses to the announcements shall be 

5 evaluated by a peer review committee whose members shall be selected by 

6 the Director of the National Institutes of Health and the Administrator, 

7 and shall include individuals not employed by the Administration or the Na8 tional Institutes of Health. 

9 § 40503. Biomedical research fellowships 

10 The Administrator and the Director of the National Institutes of Health 

11 shall create a joint program of graduate research fellowships in biomedical 

12 research described in section 40501(a) of this title. Fellowships under such 

13 program may provide for participation in approved research conferences and 

14 symposia. 

15 § 40504. Establishment of electronic data archive 

16 The Administrator shall create and maintain a national electronic data 

17 archive for biomedical research data obtained from space-based experiments. 

18 § 40505. Establishment of emergency medical service tele19 medicine capability 

20 The Administrator, the Administrator of the Federal Emergency Manage21 ment Agency, the Director of the Office of Foreign Disaster Assistance, and 

22 the Surgeon General of the United States shall jointly create and maintain 

23 an international telemedicine satellite consultation capability to support 

24 emergency medical services in disaster-stricken areas. 

25 CHAPTER 407—ENVIRONMENTALLY FRIENDLY 

26 AIRCRAFT 

Sec. 

40701. Research and development initiative. 

40702. Additional research and development initiative. 

40703. Research alignment. 

40704. Research program on perceived impact of sonic booms. 

27 § 40701. Research and development initiative 

28 The Administrator may establish an initiative with the objective of devel29 oping, and demonstrating in a relevant environment, technologies to enable 

30 the following commercial aircraft performance characteristics: 

31 (1) NOISE LEVELS.—Noise levels on takeoff and on airport approach 

32 and landing that do not exceed ambient noise levels in the absence of 

33 flight operations in the vicinity of airports from which such commercial 

34 aircraft would normally operate. 

35 (2) ENERGY CONSUMPTION.—Twenty-five percent reduction in the 

36 energy required for medium- to long-range flights, compared to aircraft 

37 in commercial service as of December 30, 2005. 


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1 (3) EMISSIONS.—Nitrogen oxides on take-off and landing that are 

2 significantly reduced, without adversely affecting hydrocarbons and 

3 smoke, relative to aircraft in commercial service as of December 30, 

4 2005. 

5 § 40702. Additional research and development initiative 

6 The Administrator shall establish an initiative involving the Administra7 tion, universities, industry, and other research organizations as appropriate, 

8 of research, development, and demonstration, in a relevant environment, of 

9 technologies to enable the following commercial aircraft performance charac10 teristics: 

11 (1) NOISE LEVELS.—Noise levels on takeoff and on airport approach 

12 and landing that do not exceed ambient noise levels in the absence of 

13 flight operations in the vicinity of airports from which such commercial 

14 aircraft would normally operate, without increasing energy consumption 

15 or nitrogen oxide emissions compared to aircraft in commercial service 

16 as of October 15, 2008. 

17 (2) GREENHOUSE GAS EMISSIONS.—Significant reductions in green18 house gas emissions compared to aircraft in commercial services as of 

19 October 15, 2008. 

20 § 40703. Research alignment 

21 In addition to pursuing the research and development initiative described 

22 in section 40702 of this title, the Administrator shall, to the maximum ex23 tent practicable within available funding, align the fundamental aeronautics 

24 research program to address high priority technology challenges of the Na25 tional Academies’ Decadal Survey of Civil Aeronautics, and shall work to 

26 increase the degree of involvement of external organizations, and especially 

27 of universities, in the fundamental aeronautics research program. 

28 § 40704. Research program on perceived impact of sonic 

29 booms 

30 (a) ESTABLISHMENT.—The Administrator shall establish a cooperative 

31 research program with industry, including the conduct of flight demonstra32 tions in a relevant environment, to collect data on the perceived impact of 

33 sonic booms. The data could enable the promulgation of appropriate stand34 ards for overland commercial supersonic flight operations. 

35 (b) COORDINATION.—The Administrator shall ensure that sonic boom re36 search is coordinated as appropriate with the Administrator of the Federal 

37 Aviation Administration, and as appropriate make use of the expertise of 

38 the Partnership for Air Transportation Noise and Emissions Reduction 

39 Center of Excellence sponsored by the Administration and the Federal Avia40 tion Administration. 


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1 CHAPTER 409—MISCELLANEOUS 

Sec. 

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

40902. National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust 

Fund. 

40903. Experimental Program to Stimulate Competitive Research—merit grant competition 

requirements. 

40904. Microgravity research. 

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

40906. Equal access to the Administration’s education programs. 

40907. Museums. 

40908. Continuation of certain education programs. 

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

2 § 40901. Science, Space, and Technology Education Trust 

3 Fund 

4 There is appropriated, by transfer from funds appropriated in the De5 partment of Housing and Urban Development—Independent Agencies Ap6 propriations Act, 1989 (Public Law 100–404, 102 Stat. 1014), for ‘‘Con7 struction of facilities’’, the sum of $15,000,000 to the ‘‘Science, Space, and 

8 Technology Education Trust Fund’’, which is hereby established in the 

9 Treasury of the United States. The Secretary of the Treasury shall invest 

10 these funds in the United States Treasury special issue securities, and inter11 est shall be credited to the Trust Fund on a quarterly basis. Such interest 

12 shall be available for the purpose of making grants for programs directed 

13 at improving science, space, and technology education in the United States. 

14 The Administrator, after consultation with the Director of the National 

15 Science Foundation, shall review applications made for such grants and de16 termine the distribution of available funds on a competitive basis. Grants 

17 shall be made available to any awardee only to the extent that the awardee 

18 provides matching funds from non-Federal sources to carry out the program 

19 for which grants from this Trust Fund are made. Of the funds made avail20 able by this Trust Fund, $250,000 shall be disbursed each calendar quarter 

21 to the Challenger Center for Space Science Education. The Administrator 

22 shall submit to Congress an annual report on the grants made pursuant to 

23 this section. 

24 § 40902. National Aeronautics and Space Administration En25 deavor Teacher Fellowship Trust Fund 

26 (a) ESTABLISHMENT.—There is established in the Treasury of the United 

27 States, in tribute to the dedicated crew of the Space Shuttle Challenger, a 

28 trust fund to be known as the National Aeronautics and Space Administra29 tion Endeavor Teacher Fellowship Trust Fund (hereafter in this section re30 ferred to as the ‘‘Trust Fund’’). The Trust Fund shall consist of amounts 

31 which may from time to time, at the discretion of the Administrator, be 

32 transferred from the National Aeronautics and Space Administration Gifts 

33 and Donations Trust Fund. 


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1 (b) INVESTMENT OF TRUST FUND.—The Administrator shall direct the 

2 Secretary of the Treasury to invest and reinvest funds in the Trust Fund 

3 in public debt securities with maturities suitable for the needs of the Trust 

4 Fund, and bearing interest at rates determined by the Secretary of the 

5 Treasury, taking into consideration the current average market yield on out6 standing marketable obligations of the United States of comparable matu7 rities. Interest earned shall be credited to the Trust Fund. 

8 (c) PURPOSE.—Income accruing from the Trust Fund principal shall be 

9 used to create the National Aeronautics and Space Administration Endeavor 

10 Teacher Fellowship Program, to the extent provided in advance in appro11 priation Acts. The Administrator is authorized to use such funds to award 

12 fellowships to selected United States nationals who are undergraduate stu13 dents pursuing a course of study leading to certified teaching degrees in ele14 mentary education or in secondary education in mathematics, science, or 

15 technology disciplines. Awards shall be made pursuant to standards estab16 lished for the fellowship program by the Administrator. 

17 § 40903. Experimental Program to Stimulate Competitive 

18 Research—merit grant competition requirements 

19 (a) DEFINITION OF ELIGIBLE STATE.—In this section, the term ‘‘eligible 

20 State’’ means a State designated by the Administrator as eligible to compete 

21 in the National Science Foundation’s Experimental Program to Stimulate 

22 Competitive Research. 

23 (b) COMPETITION.—Making use of the existing infrastructure established 

24 in eligible States by the National Science Foundation, the Administrator 

25 shall conduct a merit grant competition among the eligible States in areas 

26 of research important to the mission of the Administration. With respect to 

27 a grant application by an eligible State, the Administrator shall consider— 

28 (1) the application’s merit and relevance to the mission of the Ad29 ministration; 

30 (2) the potential for the grant to serve as a catalyst to enhance the 

31 ability of researchers in the State to become more competitive for reg32 ular Administration funding; 

33 (3) the potential for the grant to improve the environment for 

34 science, mathematics, and engineering education in the State; and 

35 (4) the need to ensure the maximum distribution of grants among 

36 eligible States, consistent with merit. 

37 (c) SUPPLEMENTAL GRANTS.—The Administrator shall endeavor, where 

38 appropriate, to supplement grants made under subsection (b) with such 

39 grants for fellowships, traineeships, equipment, or instrumentation as are 

40 available. 


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1 (d) INFORMATION IN ANNUAL BUDGET SUBMISSION.—In order to ensure 

2 that research expertise and talent throughout the Nation is developed and 

3 engaged in Administration research and education activities, the Adminis4 tration shall, as part of its annual budget submission, detail additional steps 

5 that can be taken to further integrate the participating eligible States in 

6 both existing and new or emerging Administration research programs and 

7 center activities. 

8 § 40904. Microgravity research 

9 The Administrator shall— 

10 (1) ensure the capacity to support ground-based research leading to 

11 space-based basic and applied scientific research in a variety of dis12 ciplines with potential direct national benefits and applications that can 

13 be advanced significantly from the uniqueness of microgravity and the 

14 space environment; and 

15 (2) carry out, to the maximum extent practicable, basic, applied, and 

16 commercial International Space Station research in fields such as mo17 lecular crystal growth, animal research, basic fluid physics, combustion 

18 research, cellular biotechnology, low-temperature physics, and cellular 

19 research at a level that will sustain the existing United States scientific 

20 expertise and research capability in microgravity research. 

21 § 40905. Program to expand distance learning in rural un22 derserved areas 

23 (a) IN GENERAL.—The Administrator shall develop or expand programs 

24 to extend science and space educational outreach to rural communities and 

25 schools through video conferencing, interpretive exhibits, teacher education, 

26 classroom presentations, and student field trips. 

27 (b) PRIORITIES.—In carrying out subsection (a), the Administrator shall 

28 give priority to existing programs, including Challenger Learning Centers— 

29 (1) that utilize community-based partnerships in the field; 

30 (2) that build and maintain video conference and exhibit capacity; 

31 (3) that travel directly to rural communities and serve low-income 

32 populations; and 

33 (4) with a special emphasis on increasing the number of women and 

34 minorities in the science and engineering professions. 

35 § 40906. Equal access to the Administration’s education pro36 grams 

37 (a) IN GENERAL.—The Administrator shall strive to ensure equal access 

38 for minority and economically disadvantaged students to the Administra39 tion’s education programs. 

40 (b) REPORT.—Every 2 years, the Administrator shall submit a report to 

41 the Committee on Science and Technology of the House of Representatives 


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1 and the Committee on Commerce, Science, and Transportation of the Sen2 ate describing the efforts by the Administrator to ensure equal access for 

3 minority and economically disadvantaged students under this section and 

4 the results of such efforts. As part of the report, the Administrator shall 

5 provide— 

6 (1) data on minority participation in the Administration’s education 

7 programs, at a minimum in the categories of— 

8 (A) elementary and secondary education; 

9 (B) undergraduate education; and 

10 (C) graduate education; and 

11 (2) the total value of grants the Administration made to Historically 

12 Black Colleges and Universities and to Hispanic Serving Institutions 

13 through education programs during the period covered by the report. 

14 (c) PROGRAM.—The Administrator shall establish the Dr. Mae C. 

15 Jemison Grant Program to work with Minority Serving Institutions to bring 

16 more women of color into the field of space and aeronautics. 

17 § 40907. Museums 

18 The Administrator may provide grants to, and enter into cooperative 

19 agreements with, museums and planetariums to enable them to enhance 

20 programs related to space exploration, aeronautics, space science, Earth 

21 science, or microgravity. 

22 § 40908. Continuation of certain education programs 

23 From amounts appropriated to the Administration for education pro24 grams, the Administrator shall ensure the continuation of the Space Grant 

25 Program, the Experimental Program to Stimulate Competitive Research, 

26 and, consistent with the results of the review under section 614 of the Na27 tional Aeronautics and Space Administration Authorization Act of 2005 

28 (Public Law 109–155, 119 Stat. 2933), the Administration Explorer School 

29 program, to motivate and develop the next generation of explorers. 

30 § 40909. Compliance with title IX of Education Amendments 

31 of 1972 

32 To comply with title IX of the Education Amendments of 1972 (20 

33 U.S.C. 1681 et seq.), the Administrator shall conduct compliance reviews 

34 of at least 2 grantees annually. 

35 Subtitle V—Programs Targeting 

36 Commercial Opportunities 

37 CHAPTER 501—SPACE COMMERCE 

SUBCHAPTER I—GENERAL 

Sec. 

50101. Definitions. 


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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. 

1 SUBCHAPTER I—GENERAL 

2 § 50101. Definitions 

3 In this chapter: 

4 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

5 means any person providing space transportation services or other 

6 space-related activities, primary control of which is held by persons 

7 other than Federal, State, local, and foreign governments. 

8 (2) PAYLOAD.—The term ‘‘payload’’ means anything that a person 

9 undertakes to transport to, from, or within outer space, or in suborbital 

10 trajectory, by means of a space transportation vehicle, but does not in11 clude the space transportation vehicle itself except for its components 

12 which are specifically designed or adapted for that payload. 

13 (3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related activi14 ties’’ includes research and development, manufacturing, processing, 

15 service, and other associated and support activities. 

16 (4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space transpor17 tation services’’ means the preparation of a space transportation vehicle 

18 and its payloads for transportation to, from, or within outer space, or 

19 in suborbital trajectory, and the conduct of transporting a payload to, 

20 from, or within outer space, or in suborbital trajectory. 

21 (5) SPACE TRANSPORTATION VEHICLE.—The term ‘‘space transpor22 tation vehicle’’ means any vehicle constructed for the purpose of oper23 ating in, or transporting a payload to, from, or within, outer space, or 

24 in suborbital trajectory, and includes any component of such vehicle not 

25 specifically designed or adapted for a payload. 

26 (6) STATE.—The term ‘‘State’’ means each of the several States of 

27 the Union, the District of Columbia, the Commonwealth of Puerto 

28 Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 

29 of the Northern Mariana Islands, and any other commonwealth, terri30 tory, or possession of the United States. 


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1 (7) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 

2 States commercial provider’’ means a commercial provider, organized 

3 under the laws of the United States or of a State, that is— 

4 (A) more than 50 percent owned by United States nationals; or 

5 (B) a subsidiary of a foreign company and the Secretary of 

6 Transportation finds that— 

7 (i) such subsidiary has in the past evidenced a substantial 

8 commitment to the United States market through— 

9 (I) investments in the United States in long-term re10 search, development, and manufacturing (including the 

11 manufacture of major components and subassemblies); 

12 and 

13 (II) significant contributions to employment in the 

14 United States; and 

15 (ii) the country or countries in which such foreign company 

16 is incorporated or organized, and, if appropriate, in which it 

17 principally conducts its business, affords reciprocal treatment 

18 to companies described in subparagraph (A) comparable to 

19 that afforded to such foreign company’s subsidiary in the 

20 United States, as evidenced by— 

21 (I) providing comparable opportunities for companies 

22 described in subparagraph (A) to participate in Govern23 ment-sponsored research and development similar to that 

24 authorized under this chapter; 

25 (II) providing no barriers, to companies described in 

26 subparagraph (A) with respect to local investment oppor27 tunities, that are not provided to foreign companies in 

28 the United States; and 

29 (III) providing adequate and effective protection for 

30 the intellectual property rights of companies described in 

31 subparagraph (A). 

32 SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 

33 OPPORTUNITIES 

34 § 50111. Commercialization of Space Station 

35 (a) POLICY.—Congress declares that a priority goal of constructing the 

36 International Space Station is the economic development of Earth orbital 

37 space. Congress further declares that free and competitive markets create 

38 the most efficient conditions for promoting economic development, and 

39 should therefore govern the economic development of Earth orbital space. 

40 Congress further declares that the use of free market principles in oper41 ating, servicing, allocating the use of, and adding capabilities to the Space 


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1 Station, and the resulting fullest possible engagement of commercial pro2 viders and participation of commercial users, will reduce Space Station oper3 ational costs for all partners and the Federal Government’s share of the 

4 United States burden to fund operations. 

5 (b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.— 

6 (1) IN GENERAL.—In order to stimulate commercial use of space, 

7 help maximize the utility and productivity of the International Space 

8 Station, and enable a commercial means of providing crew transfer and 

9 crew rescue services for the International Space Station, the Adminis10 tration shall— 

11 (A) make use of United States commercially provided Inter12 national Space Station crew transfer and crew rescue services to 

13 the maximum extent practicable, if those commercial services have 

14 demonstrated the capability to meet Administration-specified as15 cent, entry, and International Space Station proximity operations 

16 safety requirements; 

17 (B) limit, to the maximum extent practicable, the use of the 

18 Crew Exploration Vehicle to missions carrying astronauts beyond 

19 low Earth orbit once commercial crew transfer and crew rescue 

20 services that meet safety requirements become operational; 

21 (C) facilitate, to the maximum extent practicable, the transfer 

22 of Administration-developed technologies to potential United 

23 States commercial crew transfer and rescue service providers, con24 sistent with United States law; and 

25 (D) issue a notice of intent, not later than 180 days after Octo26 ber 15, 2008, to enter into a funded, competitively awarded Space 

27 Act Agreement with 2 or more commercial entities for a Phase 1 

28 Commercial Orbital Transportation Services crewed vehicle dem29 onstration program. 

30 (2) CONGRESSIONAL INTENT.—It is the intent of Congress that 

31 funding for the program described in paragraph (1)(D) shall not come 

32 at the expense of full funding of the amounts authorized under section 

33 101(3)(A) of the National Aeronautics and Space Administration Au34 thorization Act of 2008 (Public Law 110–422, 122 Stat. 4783), and 

35 for future fiscal years, for Orion Crew Exploration Vehicle develop36 ment, Ares I Crew Launch Vehicle development, or International Space 

37 Station cargo delivery. 

38 (3) ADDITIONAL TECHNOLOGIES.—The Administration shall make 

39 International Space Station-compatible docking adaptors and other rel40 evant technologies available to the commercial crew providers selected 

41 to service the International Space Station. 


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1 (4) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.—If 

2 a commercial provider demonstrates the capability to provide Inter3 national Space Station crew transfer and crew rescue services and to 

4 satisfy Administration ascent, entry, and International Space Station 

5 proximity operations safety requirements, the Administration shall 

6 enter into an International Space Station crew transfer and crew res7 cue services contract with that commercial provider for a portion of the 

8 Administration’s anticipated International Space Station crew transfer 

9 and crew rescue requirements from the time the commercial provider 

10 commences operations under contract with the Administration through 

11 calendar year 2016, with an option to extend the period of performance 

12 through calendar year 2020. 

13 § 50112. Promotion of United States Global Positioning Sys14 tem standards 

15 In order to support and sustain the Global Positioning System in a man16 ner that will most effectively contribute to the national security, public safe17 ty, scientific, and economic interests of the United States, Congress encour18 ages the President to— 

19 (1) ensure the operation of the Global Positioning System on a con20 tinuous worldwide basis free of direct user fees; 

21 (2) enter into international agreements that promote cooperation 

22 with foreign governments and international organizations to— 

23 (A) establish the Global Positioning System and its augmenta24 tions as an acceptable international standard; and 

25 (B) eliminate any foreign barriers to applications of the Global 

26 Positioning System worldwide; and 

27 (3) provide clear direction and adequate resources to the Assistant 

28 Secretary of Commerce for Communications and Information so that 

29 on an international basis the Assistant Secretary can— 

30 (A) achieve and sustain efficient management of the electro31 magnetic spectrum used by the Global Positioning System; and 

32 (B) protect that spectrum from disruption and interference. 

33 § 50113. Acquisition of space science data 

34 (a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the term 

35 ‘‘space science data’’ includes scientific data concerning— 

36 (1) the elemental and mineralogical resources of the moon, asteroids, 

37 planets and their moons, and comets; 

38 (2) microgravity acceleration; and 

39 (3) solar storm monitoring. 

40 (b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Administrator 

41 shall, to the extent possible and while satisfying the scientific or educational 


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1 requirements of the Administration, and where appropriate, of other Federal 

2 agencies and scientific researchers, acquire, where cost effective, space 

3 science data from a commercial provider. 

4 (c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM UNDER

5 ACQUISITION LAWS.—Acquisitions of space science data by the Adminis6 trator shall be carried out in accordance with applicable acquisition laws 

7 and regulations (including chapters 137 and 140 of title 10). For purposes 

8 of such law and regulations, space science data shall be considered to be 

9 a commercial item. Nothing in this subsection shall be construed to preclude 

10 the United States from acquiring, through contracts with commercial pro11 viders, sufficient rights in data to meet the needs of the scientific and edu12 cational community or the needs of other government activities. 

13 (d) SAFETY STANDARDS.—Nothing in this section shall be construed to 

14 prohibit the Federal Government from requiring compliance with applicable 

15 safety standards. 

16 (e) LIMITATION.—This section does not authorize the Administration to 

17 provide financial assistance for the development of commercial systems for 

18 the collection of space science data. 

19 § 50114. Administration of commercial space centers 

20 The Administrator shall administer the Commercial Space Center pro21 gram in a coordinated manner from Administration headquarters in Wash22 ington, D.C. 

23 § 50115. Sources of Earth science data 

24 (a) ACQUISITION.—The Administrator shall, to the extent possible and 

25 while satisfying the scientific or educational requirements of the Administra26 tion, and where appropriate, of other Federal agencies and scientific re27 searchers, acquire, where cost-effective, space-based and airborne Earth re28 mote sensing data, services, distribution, and applications from a commer29 cial provider. 

30 (b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Ac31 quisitions by the Administrator of the data, services, distribution, and appli32 cations referred to in subsection (a) shall be carried out in accordance with 

33 applicable acquisition laws and regulations (including chapters 137 and 140 

34 of title 10). For purposes of such law and regulations, such data, services, 

35 distribution, and applications shall be considered to be a commercial item. 

36 Nothing in this subsection shall be construed to preclude the United States 

37 from acquiring, through contracts with commercial providers, sufficient 

38 rights in data to meet the needs of the scientific and educational community 

39 or the needs of other government activities. 


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1 (c) SAFETY STANDARDS.—Nothing in this section shall be construed to 

2 prohibit the Federal Government from requiring compliance with applicable 

3 safety standards. 

4 (d) ADMINISTRATION AND EXECUTION.—This section shall be carried out 

5 as part of the Commercial Remote Sensing Program at the Stennis Space 

6 Center. 

7 § 50116. Commercial technology transfer program 

8 (a) IN GENERAL.—The Administrator shall execute a commercial tech9 nology transfer program with the goal of facilitating the exchange of serv10 ices, products, and intellectual property between the Administration and the 

11 private sector. This program shall place at least as much emphasis on en12 couraging the transfer of Administration technology to the private sector 

13 (‘‘spinning out’’) as on encouraging use of private sector technology by the 

14 Administration. This program shall be maintained in a manner that pro15 vides clear benefits for the Administration, the domestic economy, and the 

16 research community. 

17 (b) PROGRAM STRUCTURE.—In carrying out the program described in 

18 subsection (a), the Administrator shall provide program participants with at 

19 least 45 days notice of any proposed changes to the structure of the Admin20 istration’s technology transfer and commercialization organizations that is 

21 in effect as of December 30, 2005. 

22 SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE 

23 TRANSPORTATION SERVICES 

24 § 50131. Requirement to procure commercial space trans25 portation services 

26 (a) IN GENERAL.—Except as otherwise provided in this section, the Fed27 eral Government shall acquire space transportation services from United 

28 States commercial providers whenever such services are required in the 

29 course of its activities. To the maximum extent practicable, the Federal 

30 Government shall plan missions to accommodate the space transportation 

31 services capabilities of United States commercial providers. 

32 (b) EXCEPTIONS.—The Federal Government shall not be required to ac33 quire space transportation services under subsection (a) if, on a case-by-case 

34 basis, the Administrator or, in the case of a national security issue, the Sec35 retary of the Air Force, determines that— 

36 (1) a payload requires the unique capabilities of the space shuttle; 

37 (2) cost effective space transportation services that meet specific 

38 mission requirements would not be reasonably available from United 

39 States commercial providers when required; 


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1 (3) the use of space transportation services from United States com2 mercial providers poses an unacceptable risk of loss of a unique sci3 entific opportunity; 

4 (4) the use of space transportation services from United States com5 mercial providers is inconsistent with national security objectives; 

6 (5) the use of space transportation services from United States com7 mercial providers is inconsistent with international agreements for 

8 international collaborative efforts relating to science and technology; 

9 (6) it is more cost effective to transport a payload in conjunction 

10 with a test or demonstration of a space transportation vehicle owned 

11 by the Federal Government; or 

12 (7) a payload can make use of the available cargo space on a space 

13 shuttle mission as a secondary payload, and such payload is consistent 

14 with the requirements of research, development, demonstration, sci15 entific, commercial, and educational programs authorized by the Ad16 ministrator. 

17 (c) AGREEMENTS WITH FOREIGN ENTITIES.—Nothing in this section 

18 shall prevent the Administrator from planning or negotiating agreements 

19 with foreign entities for the launch of Federal Government payloads for 

20 international collaborative efforts relating to science and technology. 

21 (d) DELAYED EFFECT.—Subsection (a) shall not apply to space transpor22 tation services and space transportation vehicles acquired or owned by the 

23 Federal Government before October 28, 1998, or with respect to which a 

24 contract for such acquisition or ownership has been entered into before Oc25 tober 28, 1998. 

26 (e) HISTORICAL PURPOSES.—This section shall not be construed to pro27 hibit the Federal Government from acquiring, owning, or maintaining space 

28 transportation vehicles solely for historical display purposes. 

29 § 50132. Acquisition of commercial space transportation 

30 services 

31 (a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES AS

32 COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions of space 

33 transportation services by the Federal Government shall be carried out in 

34 accordance with applicable acquisition laws and regulations (including chap35 ters 137 and 140 of title 10). For purposes of such law and regulations, 

36 space transportation services shall be considered to be a commercial item. 

37 (b) SAFETY STANDARDS.—Nothing in this section shall be construed to 

38 prohibit the Federal Government from requiring compliance with applicable 

39 safety standards. 


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1 § 50133. Shuttle privatization 

2 The Administrator shall prepare for an orderly transition from the Fed3 eral operation, or Federal management of contracted operation, of space 

4 transportation systems to the Federal purchase of commercial space trans5 portation services for all nonemergency space transportation requirements 

6 for transportation to and from Earth orbit, including human, cargo, and 

7 mixed payloads. In those preparations, the Administrator shall take into ac8 count the need for short-term economies, as well as the goal of restoring 

9 the Administration’s research focus and its mandate to promote the fullest 

10 possible commercial use of space. As part of those preparations, the Admin11 istrator shall plan for the potential privatization of the space shuttle pro12 gram. Such plan shall keep safety and cost effectiveness as high priorities. 

13 Nothing in this section shall prohibit the Administration from studying, de14 signing, developing, or funding upgrades or modifications essential to the 

15 safe and economical operation of the space shuttle fleet. 

16 § 50134. Use of excess intercontinental ballistic missiles 

17 (a) IN GENERAL.—The Federal Government shall not— 

18 (1) convert any missile described in subsection (c) to a space trans19 portation vehicle configuration; or 

20 (2) transfer ownership of any such missile to another person, except 

21 as provided in subsection (b). 

22 (b) AUTHORIZED FEDERAL USES.— 

23 (1) IN GENERAL.—A missile described in subsection (c) may be con24 verted for use as a space transportation vehicle by the Federal Govern25 ment if, except as provided in paragraph (2) and at least 30 days be26 fore such conversion, the agency seeking to use the missile as a space 

27 transportation vehicle transmits to the Committee on Armed Services 

28 and the Committee on Science and Technology of the House of Rep29 resentatives, and to the Committee on Armed Services and the Com30 mittee on Commerce, Science, and Transportation of the Senate, a cer31 tification that the use of such missile— 

32 (A) would result in cost savings to the Federal Government 

33 when compared to the cost of acquiring space transportation serv34 ices from United States commercial providers; 

35 (B) meets all mission requirements of the agency, including per36 formance, schedule, and risk requirements; 

37 (C) is consistent with international obligations of the United 

38 States; and 

39 (D) is approved by the Secretary of Defense or the designee of 

40 the Secretary of Defense. 


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1 (2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE TRANS2 MITTED 30 DAYS BEFORE CONVERSION.—The requirement under para3 graph (1) that the certification described in that paragraph must be 

4 transmitted at least 30 days before conversion of the missile shall not 

5 apply if the Secretary of Defense determines that compliance with that 

6 requirement would be inconsistent with meeting immediate national se7 curity requirements. 

8 (c) MISSILES REFERRED TO.—The missiles referred to in this section are 

9 missiles owned by the United States that— 

10 (1) were formerly used by the Department of Defense for national 

11 defense purposes as intercontinental ballistic missiles; and 

12 (2) have been declared excess to United States national defense 

13 needs and are in compliance with international obligations of the 

14 United States. 

15 CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 

16 TRANSPORTATION 

Sec. 

50301. Definitions. 

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

17 § 50301. Definitions 

18 In this chapter: 

19 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

20 means any person or entity providing commercial reusable in-orbit 

21 space transportation services or systems, primary control of which is 

22 held by persons other than the Federal Government, a State or local 

23 government, or a foreign government. 

24 (2) IN-SPACE TRANSPORTATION SERVICES.—The term ‘‘in-space 

25 transportation services’’ means operations and activities involved in the 

26 direct transportation or attempted transportation of a payload or object 

27 from one orbit to another by means of an in-space transportation vehi28 cle. 

29 (3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space trans30 portation system’’ means the space and ground elements, including in31 space transportation vehicles and support space systems, and ground 

32 administration and control facilities and associated equipment, nec33 essary for the provision of in-space transportation services. 

34 (4) IN-SPACE TRANSPORTATION VEHICLE.—The term ‘‘in-space 

35 transportation vehicle’’ means a vehicle designed— 

36 (A) to be based and operated in space; 

37 (B) to transport various payloads or objects from one orbit to 

38 another orbit; and 


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1 (C) to be reusable and refueled in space. 

2 (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De3 fense. 

4 (6) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 

5 States commercial provider’’ means any commercial provider organized 

6 under the laws of the United States that is more than 50 percent 

7 owned by United States nationals. 

8 § 50302. Loan guarantees for production of commercial reus9 able in-space transportation 

10 (a) AUTHORITY TO MAKE LOAN GUARANTEES.—The Secretary may 

11 guarantee loans made to eligible United States commercial providers for 

12 purposes of producing commercial reusable in-space transportation services 

13 or systems. 

14 (b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Secretary 

15 shall prescribe requirements for the eligibility of United States commercial 

16 providers for loan guarantees under this section. Such requirements shall 

17 ensure that eligible providers are financially capable of undertaking a loan 

18 guaranteed under this section. 

19 (c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not guar20 antee a loan for a United States commercial provider under this section un21 less the Secretary determines that credit would not otherwise be reasonably 

22 available at the time of the guarantee for the commercial reusable in-space 

23 transportation service or system to be produced utilizing the proceeds of the 

24 loan. 

25 (d) CREDIT SUBSIDY.— 

26 (1) COLLECTION REQUIRED.—The Secretary shall collect from each 

27 United States commercial provider receiving a loan guarantee under 

28 this section an amount equal to the amount, as determined by the Sec29 retary, to cover the cost, as defined in section 502(5) of the Federal 

30 Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of the loan guarantee. 

31 (2) PERIODIC DISBURSEMENTS.—In the case of a loan guarantee in 

32 which proceeds of the loan are disbursed over time, the Secretary shall 

33 collect the amount required under this subsection on a pro rata basis, 

34 as determined by the Secretary, at the time of each disbursement. 

35 (e) OTHER TERMS AND CONDITIONS.— 

36 (1) PROHIBITION ON SUBORDINATION.—A loan guaranteed under 

37 this section may not be subordinated to another debt contracted by the 

38 United States commercial provider concerned, or to any other claims 

39 against such provider. 

40 (2) RESTRICTION ON INCOME.—A loan guaranteed under this section 

41 may not— 


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1 (A) provide income which is excluded from gross income for 

2 purposes of chapter 1 of the Internal Revenue Code of 1986 (26 

3 U.S.C. 1 et seq.); or 

4 (B) provide significant collateral or security, as determined by 

5 the Secretary, for other obligations the income from which is so 

6 excluded. 

7 (3) TREATMENT OF GUARANTEE.—The guarantee of a loan under 

8 this section shall be conclusive evidence of the following: 

9 (A) That the guarantee has been properly obtained. 

10 (B) That the loan qualifies for the guarantee. 

11 (C) That, but for fraud or material misrepresentation by the 

12 holder of the loan, the guarantee is valid, legal, and enforceable. 

13 (4) OTHER TERMS AND CONDITIONS.—The Secretary may establish 

14 any other terms and conditions for a guarantee of a loan under this 

15 section as the Secretary considers appropriate to protect the financial 

16 interests of the United States. 

17 (f) ENFORCEMENT OF RIGHTS.— 

18 (1) IN GENERAL.—The Attorney General may take any action the 

19 Attorney General considers appropriate to enforce any right accruing 

20 to the United States under a loan guarantee under this section. 

21 (2) FORBEARANCE.—The Attorney General may, with the approval 

22 of the parties concerned, forbear from enforcing any right of the 

23 United States under a loan guaranteed under this section for the ben24 efit of a United States commercial provider if such forbearance will not 

25 result in any cost, as defined in section 502(5) of the Federal Credit 

26 Reform Act of 1990 (2 U.S.C. 661a(5)), to the United States. 

27 (3) UTILIZATION OF PROPERTY.—Notwithstanding any other provi28 sion of law and subject to the terms of a loan guaranteed under this 

29 section, upon the default of a United States commercial provider under 

30 the loan, the Secretary may, at the election of the Secretary— 

31 (A) assume control of the physical asset financed by the loan; 

32 and 

33 (B) complete, recondition, reconstruct, renovate, repair, main34 tain, operate, or sell the physical asset. 

35 (g) CREDIT INSTRUMENTS.— 

36 (1) AUTHORITY TO ISSUE INSTRUMENTS.—Notwithstanding any 

37 other provision of law, the Secretary may, subject to such terms and 

38 conditions as the Secretary considers appropriate, issue credit instru39 ments to United States commercial providers of in-space transportation 

40 services or systems, with the aggregate cost (as determined under the 

41 provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 


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1 seq.)) of such instruments not to exceed $1,500,000,000, but only to 

2 the extent that new budget authority to cover such costs is provided 

3 in subsequent appropriations Acts or authority is otherwise provided in 

4 subsequent appropriations Acts. 

5 (2) CREDIT SUBSIDY.—The Secretary shall provide a credit subsidy 

6 for any credit instrument issued under this subsection in accordance 

7 with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 

8 661 et seq.). 

9 (3) CONSTRUCTION.—The eligibility of a United States commercial 

10 provider of in-space transportation services or systems for a credit in11 strument under this subsection is in addition to any eligibility of such 

12 provider for a loan guarantee under other provisions of this section. 

13 CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS 

Sec. 

50501. Definitions. 

50502. Launch voucher demonstration program. 

50503. Anchor tenancy and termination liability. 

50504. Use of Government facilities. 

50505. Test facilities. 

50506. Commercial Space Achievement Award. 

14 § 50501. Definitions 

15 In this chapter: 

16 (1) AGENCY.—The term ‘‘agency’’ means an executive agency as de17 fined in section 105 of title 5. 

18 (2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means an ar19 rangement in which the United States Government agrees to procure 

20 sufficient quantities of a commercial space product or service needed 

21 to meet Government mission requirements so that a commercial ven22 ture is made viable. 

23 (3) COMMERCIAL.—The term ‘‘commercial’’ means having— 

24 (A) private capital at risk; and 

25 (B) primary financial and management responsibility for the ac26 tivity reside with the private sector. 

27 (4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing no 

28 more than the available alternatives, determined by a comparison of all 

29 related direct and indirect costs including, in the case of Government 

30 costs, applicable Government labor and overhead costs as well as con31 tractor charges, and taking into account the ability of each alternative 

32 to accommodate mission requirements as well as the related factors of 

33 risk, reliability, schedule, and technical performance. 

34 (5) LAUNCH.—The term ‘‘launch’’ means to place, or attempt to 

35 place, a launch vehicle and its payload, if any, in a suborbital trajec36 tory, in Earth orbit in outer space, or otherwise in outer space. 


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1 (6) LAUNCH SERVICES.—The term ‘‘launch services’’ means activi2 ties involved in the preparation of a launch vehicle and its payload for 

3 launch and the conduct of a launch. 

4 (7) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support fa5 cilities’’ means facilities located at launch sites or launch ranges that 

6 are required to support launch activities, including launch vehicle as7 sembly, launch vehicle operations and control, communications, flight 

8 safety functions, and payload operations, control, and processing. 

9 (8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi10 cle constructed for the purpose of operating in or placing a payload in 

11 outer space or in suborbital trajectories, and includes components of 

12 that vehicle. 

13 (9) PAYLOAD.—The term ‘‘payload’’ means an object which a person 

14 undertakes to launch, and includes subcomponents of the launch vehicle 

15 specifically designed or adapted for that object. 

16 (10) PAYLOAD INTEGRATION SERVICES.—The term ‘‘payload inte17 gration services’’ means activities involved in integrating multiple pay18 loads into a single payload for launch or integrating a payload with a 

19 launch vehicle. 

20 (11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space re21 covery support facilities’’ means facilities required to support activities 

22 related to the recovery of payloads returned from space to a space re23 covery site, including operations and control, communications, flight 

24 safety functions, and payload processing. 

25 (12) SPACE TRANSPORTATION INFRASTRUCTURE.—The term ‘‘space 

26 transportation infrastructure’’ means facilities, associated equipment, 

27 and real property (including launch sites, launch support facilities, 

28 space recovery sites, and space recovery support facilities) required to 

29 perform launch or space recovery activities. 

30 (13) STATE.—The term ‘‘State’’ means the several States, the Dis31 trict of Columbia, Puerto Rico, American Samoa, the United States 

32 Virgin Islands, Guam, the Northern Mariana Islands, and any other 

33 commonwealth, territory, or possession of the United States. 

34 (14) UNITED STATES.—The term ‘‘United States’’ means the States, 

35 collectively. 

36 § 50502. Launch voucher demonstration program 

37 (a) REQUIREMENT TO ESTABLISH PROGRAM.—The Administrator shall 

38 establish a demonstration program to award vouchers for the payment of 

39 commercial launch services and payload integration services for the purpose 

40 of launching payloads funded by the Administration. 


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1 (b) AWARD OF VOUCHERS.—The Administrator shall award vouchers 

2 under subsection (a) to appropriate individuals as a part of grants adminis3 tered by the Administration for the launch of— 

4 (1) payloads to be placed in suborbital trajectories; and 

5 (2) small payloads to be placed in orbit. 

6 (c) ASSISTANCE.—The Administrator may provide voucher award recipi7 ents with such assistance (including contract formulation and technical sup8 port during the proposal evaluation) as may be necessary to ensure the pur9 chase of cost effective and reasonably reliable commercial launch services 

10 and payload integration services. 

11 § 50503. Anchor tenancy and termination liability 

12 (a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the Ad13 ministrator or the Administrator of the National Oceanic and Atmospheric 

14 Administration may enter into multiyear anchor tenancy contracts for the 

15 purchase of a good or service if the appropriate Administrator determines 

16 that— 

17 (1) the good or service meets the mission requirements of the Admin18 istration or the National Oceanic and Atmospheric Administration, as 

19 appropriate; 

20 (2) the commercially procured good or service is cost effective; 

21 (3) the good or service is procured through a competitive process; 

22 (4) existing or potential customers for the good or service other than 

23 the United States Government have been specifically identified; 

24 (5) the long-term viability of the venture is not dependent upon a 

25 continued Government market or other nonreimbursable Government 

26 support; and 

27 (6) private capital is at risk in the venture. 

28 (b) TERMINATION LIABILITY.— 

29 (1) IN GENERAL.—Contracts entered into under subsection (a) may 

30 provide for the payment of termination liability in the event that the 

31 Government terminates such contracts for its convenience. 

32 (2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABIL33 ITY.—Contracts that provide for the payment of termination liability, 

34 as described in paragraph (1), shall include a fixed schedule of such 

35 termination liability payments. Liability under such contracts shall not 

36 exceed the total payments which the Government would have made 

37 after the date of termination to purchase the good or service if the con38 tract were not terminated. 

39 (3) USE OF FUNDS.—Subject to appropriations, funds available for 

40 such termination liability payments may be used for purchase of the 

41 good or service upon successful delivery of the good or service pursuant 


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1 to the contract. In such case, sufficient funds shall remain available to 

2 cover any remaining termination liability. 

3 (c) LIMITATIONS.— 

4 (1) DURATION.—Contracts entered into under this section shall not 

5 exceed 10 years in duration. 

6 (2) FIXED PRICE.—Such contracts shall provide for delivery of the 

7 good or service on a firm, fixed price basis. 

8 (3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, rea9 sonable performance specifications shall be used to define technical re10 quirements in such contracts. 

11 (4) FAILURE TO PERFORM.—In any such contract, the appropriate 

12 Administrator shall reserve the right to completely or partially termi13 nate the contract without payment of such termination liability because 

14 of the contractor’s actual or anticipated failure to perform its contrac15 tual obligations. 

16 § 50504. Use of Government facilities 

17 (a) AUTHORITY.— 

18 (1) IN GENERAL.—Federal agencies, including the Administration 

19 and the Department of Defense, may allow non-Federal entities to use 

20 their space-related facilities on a reimbursable basis if the Adminis21 trator, the Secretary of Defense, or the appropriate agency head deter22 mines that— 

23 (A) the facilities will be used to support commercial space activi24 ties; 

25 (B) such use can be supported by existing or planned Federal 

26 resources; 

27 (C) such use is compatible with Federal activities; 

28 (D) equivalent commercial services are not available on reason29 able terms; and 

30 (E) such use is consistent with public safety, national security, 

31 and international treaty obligations. 

32 (2) CONSULTATION.—In carrying out paragraph (1)(E), each agency 

33 head shall consult with appropriate Federal officials. 

34 (b) REIMBURSEMENT PAYMENT.— 

35 (1) AMOUNT.—The reimbursement referred to in subsection (a) may 

36 be an amount equal to the direct costs (including salaries of United 

37 States civilian and contractor personnel) incurred by the United States 

38 as a result of the use of such facilities by the private sector. For the 

39 purposes of this paragraph, the term ‘‘direct costs’’ means the actual 

40 costs that can be unambiguously associated with such use, and would 


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1 not be borne by the United States Government in the absence of such 

2 use. 

3 (2) CREDIT TO APPROPRIATION.—The amount of any payment re4 ceived by the United States for use of facilities under this subsection 

5 shall be credited to the appropriation from which the cost of providing 

6 such facilities was paid. 

7 § 50505. Test facilities 

8 (a) CHARGES.—The Administrator shall establish a policy of charging 

9 users of the Administration’s test facilities for the costs associated with 

10 their tests at a level that is competitive with alternative test facilities. The 

11 Administrator shall not implement a policy of seeking full cost recovery for 

12 a facility until at least 30 days after transmitting a notice to the Committee 

13 on Science and Technology of the House of Representatives and the Com14 mittee on Commerce, Science, and Transportation of the Senate. 

15 (b) FUNDING ACCOUNT.—In planning and budgeting, the Administrator 

16 shall establish a funding account that shall be used for all test facilities. 

17 The account shall be sufficient to maintain the viability of test facilities dur18 ing periods of low utilization. 

19 § 50506. Commercial Space Achievement Award 

20 (a) ESTABLISHMENT.—There is established a Commercial Space Achieve21 ment Award. The award shall consist of a medal, which shall be of such 

22 design and materials and bear such inscriptions as determined by the Sec23 retary of Commerce. A cash prize may also be awarded if funding for the 

24 prize is available under subsection (d). 

25 (b) CRITERIA FOR AWARD.—The Secretary of Commerce shall periodi26 cally make awards under this section to individuals, corporations, corporate 

27 divisions, or corporate subsidiaries substantially engaged in commercial 

28 space activities that in the opinion of the Secretary of Commerce best meet 

29 the following criteria: 

30 (1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at least 

31 half of the revenues from the space-related activities of the corporation, 

32 division, or subsidiary is derived from sources other than the United 

33 States Government. 

34 (2) SUBSTANTIAL CONTRIBUTION.—The activities and achievements 

35 of the individual, corporation, division, or subsidiary have substantially 

36 contributed to the United States gross national product and the stature 

37 of United States industry in international markets, with due consider38 ation for both the economic magnitude and the technical quality of the 

39 activities and achievements. 

40 (3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The individual, 

41 corporation, division, or subsidiary has substantially advanced space 


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1 technology and space applications directly related to commercial space 

2 activities. 

3 (c) LIMITATIONS.—No individual or corporate entity may receive an 

4 award under this section more than once every 5 years. 

5 (d) FUNDING FOR AWARD.—The Secretary of Commerce may seek and 

6 accept gifts of money from public and private sources for the purpose of 

7 making cash prize awards under this section. Such money may be used only 

8 for that purpose, and only such money may be used for that purpose. The 

9 Secretary of Commerce shall make publicly available an itemized list of the 

10 sources of such funding. 

11 CHAPTER 507—OFFICE OF SPACE COMMERCIALIZATION 

Sec. 

50701. Definition of Office. 

50702. Establishment. 

50703. Annual report. 

12 § 50701. Definition of Office 

13 In this chapter, the term ‘‘Office’’ means the Office of Space Commer14 cialization established in section 50702 of this title. 

15 § 50702. Establishment 

16 (a) IN GENERAL.—There is established within the Department of Com17 merce an Office of Space Commercialization. 

18 (b) DIRECTOR.—The Office shall be headed by a Director, who shall be 

19 a senior executive and shall be compensated at a level in the Senior Execu20 tive Service under section 5382 of title 5 as determined by the Secretary 

21 of Commerce. 

22 (c) FUNCTIONS OF OFFICE.—The Office shall be the principal unit for 

23 the coordination of space-related issues, programs, and initiatives within the 

24 Department of Commerce. 

25 (d) DUTIES OF DIRECTOR.—The primary responsibilities of the Director 

26 in carrying out the functions of the Office shall include— 

27 (1) promoting commercial provider investment in space activities by 

28 collecting, analyzing, and disseminating information on space markets, 

29 and conducting workshops and seminars to increase awareness of com30 mercial space opportunities; 

31 (2) assisting United States commercial providers in the efforts of 

32 those providers to conduct business with the United States Govern33 ment; 

34 (3) acting as an industry advocate within the executive branch of the 

35 Federal Government to ensure that the Federal Government meets the 

36 space-related requirements of the Federal Government, to the fullest 

37 extent feasible, using commercially available space goods and services; 


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1 (4) ensuring that the United States Government does not compete 

2 with United States commercial providers in the provision of space hard3 ware and services otherwise available from United States commercial 

4 providers; 

5 (5) promoting the export of space-related goods and services; 

6 (6) representing the Department of Commerce in the development of 

7 United States policies and in negotiations with foreign countries to en8 sure free and fair trade internationally in the area of space commerce; 

9 and 

10 (7) seeking the removal of legal, policy, and institutional impedi11 ments to space commerce. 

12 § 50703. Annual report 

13 The Secretary of Commerce shall submit an annual report on the activi14 ties of the Office, including planned programs and expenditures, to the 

15 Committee on Commerce, Science, and Transportation of the Senate and 

16 the Committee on Science and Technology of the House of Representatives. 

17 Subtitle VI—Earth Observations 

18 CHAPTER 601—LAND REMOTE SENSING POLICY 

SUBCHAPTER I—GENERAL 

Sec. 

60101. Definitions. 

SUBCHAPTER II—LANDSAT 

60111. Landsat Program Management. 

60112. Transfer of Landsat 6 program responsibilities. 

60113. Data policy for Landsat 7. 

SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS 

60121. General licensing authority. 

60122. Conditions for operation. 

60123. Administrative authority of Secretary. 

60124. Regulatory authority of Secretary. 

60125. Agency activities. 

SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION 

60131. Continued Federal research and development. 

60132. Availability of federally gathered unenhanced data. 

60133. Technology demonstration program. 

60134. Preference for private sector land remote sensing system. 

SUBCHAPTER V—GENERAL PROVISIONS 

60141. Nondiscriminatory data availability. 

60142. Archiving of data. 

60143. Nonreproduction. 

60144. Reimbursement for assistance. 

60145. Acquisition of equipment. 

60146. Radio frequency allocation. 

60147. Consultation. 

60148. Enforcement. 

SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER 

SATELLITES 

60161. Prohibition. 

60162. Future considerations. 


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1 SUBCHAPTER I—GENERAL 

2 § 60101. Definitions 

3 In this chapter: 

4 (1) COST OF FULFILLING USER REQUESTS.—The term ‘‘cost of ful5 filling user requests’’ means the incremental costs associated with pro6 viding product generation, reproduction, and distribution of 

7 unenhanced data in response to user requests and shall not include any 

8 acquisition, amortization, or depreciation of capital assets originally 

9 paid for by the United States Government or other costs not specifi10 cally attributable to fulfilling user requests. 

11 (2) DATA CONTINUITY.—The term ‘‘data continuity’’ means the con12 tinued acquisition and availability of unenhanced data which are, from 

13 the point of view of the user— 

14 (A) sufficiently consistent (in terms of acquisition geometry, 

15 coverage characteristics, and spectral characteristics) with previous 

16 Landsat data to allow comparisons for global and regional change 

17 detection and characterization; and 

18 (B) compatible with such data and with methods used to receive 

19 and process such data. 

20 (3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— 

21 (A) may include— 

22 (i) rectification of system and sensor distortions in land re23 mote sensing data as it is received directly from the satellite 

24 in preparation for delivery to a user; 

25 (ii) registration of such data with respect to features of the 

26 Earth; and 

27 (iii) calibration of spectral response with respect to such 

28 data; but 

29 (B) does not include conclusions, manipulations, or calculations 

30 derived from such data, or a combination of such data with other 

31 data. 

32 (4) LAND REMOTE SENSING.—The term ‘‘land remote sensing’’ 

33 means the collection of data which can be processed into imagery of 

34 surface features of the Earth from an unclassified satellite or satellites, 

35 other than an operational United States Government weather satellite. 

36 (5) LANDSAT PROGRAM MANAGEMENT.—The term ‘‘Landsat Pro37 gram Management’’ means the integrated program management struc38 ture— 

39 (A) established by, and responsible to, the Administrator and 

40 the Secretary of Defense pursuant to section 60111(a) of this 

41 title; and 


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1 (B) consisting of appropriate officers and employees of the Ad2 ministration, the Department of Defense, and any other United 

3 States Government agencies the President designates as respon4 sible for the Landsat program. 

5 (6) LANDSAT SYSTEM.—The term ‘‘Landsat system’’ means 

6 Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing 

7 system operated and owned by the United States Government, along 

8 with any related ground equipment, systems, and facilities owned by 

9 the United States Government. 

10 (7) LANDSAT 6 CONTRACTOR.—The term ‘‘Landsat 6 contractor’’ 

11 means the private sector entity which was awarded the contract for 

12 spacecraft construction, operations, and data marketing rights for the 

13 Landsat 6 spacecraft. 

14 (8) LANDSAT 7.—The term ‘‘Landsat 7’’ means the follow-on sat15 ellite to Landsat 6. 

16 (9) NATIONAL SATELLITE LAND REMOTE SENSING DATA ARCHIVE.— 

17 The term ‘‘National Satellite Land Remote Sensing Data Archive’’ 

18 means the archive established by the Secretary of the Interior pursuant 

19 to the archival responsibilities defined in section 60142 of this title. 

20 (10) NONCOMMERCIAL PURPOSES.—The term ‘‘noncommercial pur21 poses’’ means activities undertaken by individuals or entities on the 

22 condition, upon receipt of unenhanced data, that— 

23 (A) such data shall not be used in connection with any bid for 

24 a commercial contract, development of a commercial product, or 

25 any other non-United States Government activity that is expected, 

26 or has the potential, to be profitmaking; 

27 (B) the results of such activities are disclosed in a timely and 

28 complete fashion in the open technical literature or other method 

29 of public release, except when such disclosure by the United States 

30 Government or its contractors would adversely affect the national 

31 security or foreign policy of the United States or violate a provi32 sion of law or regulation; and 

33 (C) such data shall not be distributed in competition with 

34 unenhanced data provided by the Landsat 6 contractor. 

35 (11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

36 Commerce. 

37 (12) UNENHANCED DATA.—The term ‘‘unenhanced data’’ means 

38 land remote sensing signals or imagery products that are unprocessed 

39 or subject only to data preprocessing. 

40 (13) UNITED STATES GOVERNMENT AND ITS AFFILIATED USERS.— 

41 The term ‘‘United States Government and its affiliated users’’ means— 


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1 (A) United States Government agencies; 

2 (B) researchers involved with the United States Global Change 

3 Research Program and its international counterpart programs; 

4 and 

5 (C) other researchers and international entities that have signed 

6 with the United States Government a cooperative agreement in7 volving the use of Landsat data for noncommercial purposes. 

8 SUBCHAPTER II—LANDSAT 

9 § 60111. Landsat Program Management 

10 (a) ESTABLISHMENT.—The Administrator and the Secretary of Defense 

11 shall be responsible for management of the Landsat program. Such respon12 sibility shall be carried out by establishing an integrated program manage13 ment structure for the Landsat system. 

14 (b) MANAGEMENT PLAN.—The Administrator, the Secretary of Defense, 

15 and any other United States Government official the President designates 

16 as responsible for part of the Landsat program shall establish, through a 

17 management plan, the roles, responsibilities, and funding expectations for 

18 the Landsat program of the appropriate United States Government agen19 cies. The management plan shall— 

20 (1) specify that the fundamental goal of the Landsat Program Man21 agement is the continuity of unenhanced Landsat data through the ac22 quisition and operation of a Landsat 7 satellite as quickly as prac23 ticable which is, at a minimum, functionally equivalent to the Landsat 

24 6 satellite, with the addition of a tracking and data relay satellite com25 munications capability; 

26 (2) include a baseline funding profile that— 

27 (A) is mutually acceptable to the Administration and the De28 partment of Defense for the period covering the development and 

29 operation of Landsat 7; and 

30 (B) provides for total funding responsibility of the Administra31 tion and the Department of Defense, respectively, to be approxi32 mately equal to the funding responsibility of the other as spread 

33 across the development and operational life of Landsat 7; 

34 (3) specify that any improvements over the Landsat 6 functional 

35 equivalent capability for Landsat 7 will be funded by a specific spon36 soring agency or agencies, in a manner agreed to by the Landsat Pro37 gram Management, if the required funding exceeds the baseline funding 

38 profile required by paragraph (2), and that additional improvements 

39 will be sought only if the improvements will not jeopardize data con40 tinuity; and 


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1 (4) provide for a technology demonstration program whose objective 

2 shall be the demonstration of advanced land remote sensing tech3 nologies that may potentially yield a system which is less expensive to 

4 build and operate, and more responsive to data users, than is the cur5 rent Landsat system. 

6 (c) RESPONSIBILITIES.—The Landsat Program Management shall be re7 sponsible for— 

8 (1) Landsat 7 procurement, launch, and operations; 

9 (2) ensuring that the operation of the Landsat system is responsive 

10 to the broad interests of the civilian, national security, commercial, and 

11 foreign users of the Landsat system; 

12 (3) ensuring that all unenhanced Landsat data remain unclassified 

13 and that, except as provided in subsections (a) and (b) of section 

14 60146 of this title, no restrictions are placed on the availability of 

15 unenhanced data; 

16 (4) ensuring that land remote sensing data of high priority locations 

17 will be acquired by the Landsat 7 system as required to meet the needs 

18 of the United States Global Change Research Program, as established 

19 in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), 

20 and to meet the needs of national security users; 

21 (5) Landsat data responsibilities pursuant to this chapter; 

22 (6) oversight of Landsat contracts entered into under sections 102 

23 and 103 of the Land Remote Sensing Policy Act of 1992 (Public Law 

24 102–555, 106 Stat. 4168); 

25 (7) coordination of a technology demonstration program pursuant to 

26 section 60133 of this title; and 

27 (8) ensuring that copies of data acquired by the Landsat system are 

28 provided to the National Satellite Land Remote Sensing Data Archive. 

29 (d) AUTHORITY TO CONTRACT.—The Landsat Program Management 

30 may, subject to appropriations and only under the existing contract author31 ity of the United States Government agencies that compose the Landsat 

32 Program Management, enter into contracts with the private sector for serv33 ices such as satellite operations and data preprocessing. 

34 (e) LANDSAT ADVISORY PROCESS.— 

35 (1) ADVICE AND COMMENTS.—The Landsat Program Management 

36 shall seek impartial advice and comments regarding the status, effec37 tiveness, and operation of the Landsat system, using existing advisory 

38 committees and other appropriate mechanisms. Such advice shall be 

39 sought from individuals who represent— 

40 (A) a broad range of perspectives on basic and applied science 

41 and operational needs with respect to land remote sensing data; 


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1 (B) the full spectrum of users of Landsat data, including rep2 resentatives from United States Government agencies, State and 

3 local government agencies, academic institutions, nonprofit organi4 zations, value-added companies, the agricultural, mineral extrac5 tion, and other user industries, and the public; and 

6 (C) a broad diversity of age groups, sexes, and races. 

7 (2) REPORTS.—The Landsat Program Management shall prepare 

8 and submit biennially a report to Congress which— 

9 (A) reports the public comments received pursuant to paragraph 

10 (1); and 

11 (B) includes— 

12 (i) a response to the public comments received pursuant to 

13 paragraph (1); 

14 (ii) information on the volume of use, by category, of data 

15 from the Landsat system; and 

16 (iii) any recommendations for policy or programmatic 

17 changes to improve the utility and operation of the Landsat 

18 system. 

19 § 60112. Transfer of Landsat 6 program responsibilities 

20 The responsibilities of the Secretary with respect to Landsat 6 shall be 

21 transferred to the Landsat Program Management, as agreed to between the 

22 Secretary and the Landsat Program Management, pursuant to section 

23 60111 of this title. 

24 § 60113. Data policy for Landsat 7 

25 (a) LANDSAT 7 DATA POLICY.—The Landsat Program Management, in 

26 consultation with other appropriate United States Government agencies, 

27 shall develop a data policy for Landsat 7 which should— 

28 (1) ensure that unenhanced data are available to all users at the cost 

29 of fulfilling user requests; 

30 (2) ensure timely and dependable delivery of unenhanced data to the 

31 full spectrum of civilian, national security, commercial, and foreign 

32 users and the National Satellite Land Remote Sensing Data Archive; 

33 (3) ensure that the United States retains ownership of all 

34 unenhanced data generated by Landsat 7; 

35 (4) support the development of the commercial market for remote 

36 sensing data; 

37 (5) ensure that the provision of commercial value-added services 

38 based on remote sensing data remains exclusively the function of the 

39 private sector; and 


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1 (6) to the extent possible, ensure that the data distribution system 

2 for Landsat 7 is compatible with the Earth Observing System Data 

3 and Information System. 

4 (b) ADDITIONAL DATA POLICY CONSIDERATIONS.—In addition, the data 

5 policy for Landsat 7 may provide for— 

6 (1) United States private sector entities to operate ground receiving 

7 stations in the United States for Landsat 7 data; 

8 (2) other means for direct access by private sector entities to 

9 unenhanced data from Landsat 7; and 

10 (3) the United States Government to charge a per image fee, license 

11 fee, or other such fee to entities operating ground receiving stations or 

12 distributing Landsat 7 data. 

13 SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING 

14 SPACE SYSTEMS 

15 § 60121. General licensing authority 

16 (a) LICENSING AUTHORITY OF SECRETARY.— 

17 (1) IN GENERAL.—In consultation with other appropriate United 

18 States Government agencies, the Secretary is authorized to license pri19 vate sector parties to operate private remote sensing space systems for 

20 such period as the Secretary may specify and in accordance with the 

21 provisions of this subchapter. 

22 (2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER PUR23 POSES.—In the case of a private space system that is used for remote 

24 sensing and other purposes, the authority of the Secretary under this 

25 subchapter shall be limited only to the remote sensing operations of 

26 such space system. 

27 (b) COMPLIANCE WITH LAW, REGULATIONS, INTERNATIONAL OBLIGA28 TIONS, AND NATIONAL SECURITY.— 

29 (1) IN GENERAL.—No license shall be granted by the Secretary un30 less the Secretary determines in writing that the applicant will comply 

31 with the requirements of this chapter, any regulations issued pursuant 

32 to this chapter, and any applicable international obligations and na33 tional security concerns of the United States. 

34 (2) LIST OF REQUIREMENTS FOR COMPLETE APPLICATION.—The 

35 Secretary shall publish in the Federal Register a complete and specific 

36 list of all information required to comprise a complete application for 

37 a license under this subchapter. An application shall be considered 

38 complete when the applicant has provided all information required by 

39 the list most recently published in the Federal Register before the date 

40 the application was first submitted. Unless the Secretary has, within 

41 30 days after receipt of an application, notified the applicant of inforVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 mation necessary to complete an application, the Secretary may not 

2 deny the application on the basis of the absence of any such informa3 tion. 

4 (c) DEADLINE FOR ACTION ON APPLICATION.—The Secretary shall re5 view any application and make a determination thereon within 120 days of 

6 the receipt of such application. If final action has not occurred within such 

7 time, the Secretary shall inform the applicant of any pending issues and of 

8 actions required to resolve them. 

9 (d) IMPROPER BASIS FOR DENIAL.—The Secretary shall not deny such 

10 license in order to protect any existing licensee from competition. 

11 (e) REQUIREMENT TO PROVIDE UNENHANCED DATA.— 

12 (1) DESIGNATION OF DATA.—The Secretary, in consultation with 

13 other appropriate United States Government agencies and pursuant to 

14 paragraph (2), shall designate in a license issued pursuant to this sub15 chapter any unenhanced data required to be provided by the licensee 

16 under section 60122(b)(3) of this title. 

17 (2) PRELIMINARY DETERMINATION.—The Secretary shall make a 

18 designation under paragraph (1) after determining that— 

19 (A) such data are generated by a system for which all or a sub20 stantial part of the development, fabrication, launch, or operations 

21 costs have been or will be directly funded by the United States 

22 Government; or 

23 (B) it is in the interest of the United States to require such 

24 data to be provided by the licensee consistent with section 

25 60122(b)(3) of this title, after considering the impact on the li26 censee and the importance of promoting widespread access to re27 mote sensing data from United States and foreign systems. 

28 (3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.—A 

29 designation made by the Secretary under paragraph (1) shall not be 

30 inconsistent with any contract or other arrangement entered into be31 tween a United States Government agency and the licensee. 

32 § 60122. Conditions for operation 

33 (a) LICENSE REQUIRED FOR OPERATION.—No person that is subject to 

34 the jurisdiction or control of the United States may, directly or through any 

35 subsidiary or affiliate, operate any private remote sensing space system 

36 without a license pursuant to section 60121 of this title. 

37 (b) LICENSING REQUIREMENTS.—Any license issued pursuant to this 

38 subchapter shall specify that the licensee shall comply with all of the re39 quirements of this chapter and shall— 

40 (1) operate the system in such manner as to preserve the national 

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1 tions of the United States in accordance with section 60146 of this 

2 title; 

3 (2) make available to the government of any country (including the 

4 United States) unenhanced data collected by the system concerning the 

5 territory under the jurisdiction of such government as soon as such 

6 data are available and on reasonable terms and conditions; 

7 (3) make unenhanced data designated by the Secretary in the license 

8 pursuant to section 60121(e) of this title available in accordance with 

9 section 60141 of this title; 

10 (4) upon termination of operations under the license, make disposi11 tion of any satellites in space in a manner satisfactory to the President; 

12 (5) furnish the Secretary with complete orbit and data collection 

13 characteristics of the system, and inform the Secretary immediately of 

14 any deviation; and 

15 (6) notify the Secretary of any significant or substantial agreement 

16 the licensee intends to enter with a foreign nation, entity, or consor17 tium involving foreign nations or entities. 

18 (c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON19 TRACTOR.—In addition to the requirements of subsection (b), any license 

20 issued pursuant to this subchapter to the Landsat 6 contractor shall specify 

21 that the Landsat 6 contractor shall— 

22 (1) notify the Secretary of any value added activities (as defined by 

23 the Secretary by regulation) that will be conducted by the Landsat 6 

24 contractor or by a subsidiary or affiliate; and 

25 (2) if such activities are to be conducted, provide the Secretary with 

26 a plan for compliance with section 60141 of this title. 

27 § 60123. Administrative authority of Secretary 

28 (a) FUNCTIONS.—In order to carry out the responsibilities specified in 

29 this subchapter, the Secretary may— 

30 (1) grant, condition, or transfer licenses under this chapter; 

31 (2) seek an order of injunction or similar judicial determination from 

32 a district court of the United States with personal jurisdiction over the 

33 licensee to terminate, modify, or suspend licenses under this subchapter 

34 and to terminate licensed operations on an immediate basis, if the Sec35 retary determines that the licensee has substantially failed to comply 

36 with any provisions of this chapter, with any terms, conditions, or re37 strictions of such license, or with any international obligations or na38 tional security concerns of the United States; 

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1 alties not to exceed $10,000 (each day of operation in violation of such 

2 licenses or regulations constituting a separate violation); 

3 (4) compromise, modify, or remit any such civil penalty; 

4 (5) issue subpoenas for any materials, documents, or records, or for 

5 the attendance and testimony of witnesses for the purpose of con6 ducting a hearing under this section; 

7 (6) seize any object, record, or report pursuant to a warrant from 

8 a magistrate based on a showing of probable cause to believe that such 

9 object, record, or report was used, is being used, or is likely to be used 

10 in violation of this chapter or the requirements of a license or regula11 tion issued thereunder; and 

12 (7) make investigations and inquiries and administer to or take from 

13 any person an oath, affirmation, or affidavit concerning any matter re14 lating to the enforcement of this chapter. 

15 (b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that makes 

16 a timely request for review of an adverse action pursuant to paragraph (1), 

17 (3), (5), or (6) of subsection (a) shall be entitled to adjudication by the Sec18 retary on the record after an opportunity for any agency hearing with re19 spect to such adverse action. Any final action by the Secretary under this 

20 subsection shall be subject to judicial review under chapter 7 of title 5. 

21 § 60124. Regulatory authority of Secretary 

22 The Secretary may issue regulations to carry out this subchapter. Such 

23 regulations shall be promulgated only after public notice and comment in 

24 accordance with the provisions of section 553 of title 5. 

25 § 60125. Agency activities 

26 (a) LICENSE APPLICATION AND ISSUANCE.—A private sector party may 

27 apply for a license to operate a private remote sensing space system which 

28 utilizes, on a space-available basis, a civilian United States Government sat29 ellite or vehicle as a platform for such system. The Secretary, pursuant to 

30 this subchapter, may license such system if it meets all conditions of this 

31 subchapter and— 

32 (1) the system operator agrees to reimburse the Government in a 

33 timely manner for all related costs incurred with respect to such utili34 zation, including a reasonable and proportionate share of fixed, plat35 form, data transmission, and launch costs; and 

36 (2) such utilization would not interfere with or otherwise compromise 

37 intended civilian Government missions, as determined by the agency re38 sponsible for such civilian platform. 

39 (b) ASSISTANCE.—The Secretary may offer assistance to private sector 

40 parties in finding appropriate opportunities for such utilization. 


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1 (c) AGREEMENTS.—To the extent provided in advance by appropriation 

2 Acts, any United States Government agency may enter into agreements for 

3 such utilization if such agreements are consistent with such agency’s mis4 sion and statutory authority, and if such remote sensing space system is li5 censed by the Secretary before commencing operation. 

6 (d) APPLICABILITY.—This section does not apply to activities carried out 

7 under subchapter IV. 

8 (e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall af9 fect the authority of the Federal Communications Commission pursuant to 

10 the Communications Act of 1934 (47 U.S.C. 151 et seq.). 

11 SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 

12 DEMONSTRATION 

13 § 60131. Continued Federal research and development 

14 (a) ROLES OF ADMINISTRATION AND DEPARTMENT OF DEFENSE.— 

15 (1) IN GENERAL.—The Administrator and the Secretary of Defense 

16 are directed to continue and to enhance programs of remote sensing 

17 research and development. 

18 (2) ADMINISTRATION ACTIVITIES AUTHORIZED AND ENCOURAGED.— 

19 The Administrator is authorized and encouraged to— 

20 (A) conduct experimental space remote sensing programs (in21 cluding applications demonstration programs and basic research at 

22 universities); 

23 (B) develop remote sensing technologies and techniques, includ24 ing those needed for monitoring the Earth and its environment; 

25 and 

26 (C) conduct such research and development in cooperation with 

27 other United States Government agencies and with public and pri28 vate research entities (including private industry, universities, non29 profit organizations, State and local governments, foreign govern30 ments, and international organizations) and to enter into arrange31 ments (including joint ventures) which will foster such coopera32 tion. 

33 (b) ROLES OF DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF

34 THE INTERIOR.— 

35 (1) IN GENERAL.—In order to enhance the ability of the United 

36 States to manage and utilize its renewable and nonrenewable resources, 

37 the Secretary of Agriculture and the Secretary of the Interior are au38 thorized and encouraged to conduct programs of research and develop39 ment in the applications of remote sensing using funds appropriated 

40 for such purposes. 


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1 (2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may in2 clude basic research at universities, demonstrations of applications, and 

3 cooperative activities involving other Government agencies, private sec4 tor parties, and foreign and international organizations. 

5 (c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States Govern6 ment agencies are authorized and encouraged to conduct research and devel7 opment on the use of remote sensing in the fulfillment of their authorized 

8 missions, using funds appropriated for such purposes. 

9 § 60132. Availability of federally gathered unenhanced data 

10 (a) IN GENERAL.—All unenhanced land remote sensing data gathered 

11 and owned by the United States Government, including unenhanced data 

12 gathered under the technology demonstration program carried out pursuant 

13 to section 60133 of this title, shall be made available to users in a timely 

14 fashion. 

15 (b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The President 

16 shall seek to ensure that unenhanced data gathered under the technology 

17 demonstration program carried out pursuant to section 60133 of this title 

18 shall, to the extent practicable, be made available on terms that would not 

19 adversely affect the commercial market for unenhanced data gathered by 

20 the Landsat 6 spacecraft. 

21 § 60133. Technology demonstration program 

22 (a) ESTABLISHMENT.—As a fundamental component of a national land 

23 remote sensing strategy, the President shall establish, through appropriate 

24 United States Government agencies, a technology demonstration program. 

25 The goals of the program shall be to— 

26 (1) seek to launch advanced land remote sensing system components 

27 within 5 years after October 28, 1992; 

28 (2) demonstrate within such 5-year period advanced sensor capabili29 ties suitable for use in the anticipated land remote sensing program; 

30 and 

31 (3) demonstrate within such 5-year period an advanced land remote 

32 sensing system design that could be less expensive to procure and oper33 ate than the Landsat system projected to be in operation through the 

34 year 2000, and that therefore holds greater potential for private sector 

35 investment and control. 

36 (b) EXECUTION OF PROGRAM.—In executing the technology demonstra37 tion program, the President shall seek to apply technologies associated with 

38 United States National Technical Means of intelligence gathering, to the ex39 tent that such technologies are appropriate for the technology demonstration 

40 and can be declassified for such purposes without causing adverse harm to 

41 United States national security interests. 


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1 (c) BROAD APPLICATION.—To the greatest extent practicable, the tech2 nology demonstration program established under subsection (a) shall be de3 signed to be responsive to the broad civilian, national security, commercial, 

4 and foreign policy needs of the United States. 

5 (d) PRIVATE SECTOR FUNDING.—The technology demonstration program 

6 under this section may be carried out in part with private sector funding. 

7 (e) LANDSAT PROGRAM MANAGEMENT COORDINATION.—The Landsat 

8 Program Management shall have a coordinating role in the technology dem9 onstration program carried out under this section. 

10 § 60134. Preference for private sector land remote sensing 

11 system 

12 (a) IN GENERAL.—If a successor land remote sensing system to Landsat 

13 7 can be funded and managed by the private sector while still achieving the 

14 goals stated in subsection (b) without jeopardizing the domestic, national se15 curity, and foreign policy interests of the United States, preference should 

16 be given to the development of such a system by the private sector without 

17 competition from the United States Government. 

18 (b) GOALS.—The goals referred to in subsection (a) are— 

19 (1) to encourage the development, launch, and operation of a land 

20 remote sensing system that adequately serves the civilian, national se21 curity, commercial, and foreign policy interests of the United States; 

22 (2) to encourage the development, launch, and operation of a land 

23 remote sensing system that maintains data continuity with the Landsat 

24 system; and 

25 (3) to incorporate system enhancements, including any such enhance26 ments developed under the technology demonstration program under 

27 section 60133 of this title, which may potentially yield a system that 

28 is less expensive to build and operate, and more responsive to data 

29 users, than is the Landsat system otherwise projected to be in oper30 ation in the future. 

31 SUBCHAPTER V—GENERAL PROVISIONS 

32 § 60141. Nondiscriminatory data availability 

33 (a) IN GENERAL.—Except as provided in subsection (b), any unenhanced 

34 data generated by the Landsat system or any other land remote sensing sys35 tem funded and owned by the United States Government shall be made 

36 available to all users without preference, bias, or any other special arrange37 ment (except on the basis of national security concerns pursuant to section 

38 60146 of this title) regarding delivery, format, pricing, or technical consid39 erations which would favor one customer or class of customers over another. 

40 (b) EXCEPTIONS.—Unenhanced data generated by the Landsat system or 

41 any other land remote sensing system funded and owned by the United 


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1 States Government may be made available to the United States Government 

2 and its affiliated users at reduced prices, in accordance with this chapter, 

3 on the condition that such unenhanced data are used solely for noncommer4 cial purposes. 

5 § 60142. Archiving of data 

6 (a) PUBLIC INTEREST.—It is in the public interest for the United States 

7 Government to— 

8 (1) maintain an archive of land remote sensing data for historical, 

9 scientific, and technical purposes, including long-term global environ10 mental monitoring; 

11 (2) control the content and scope of the archive; and 

12 (3) ensure the quality, integrity, and continuity of the archive. 

13 (b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consulta14 tion with the Landsat Program Management, shall provide for long-term 

15 storage, maintenance, and upgrading of a basic, global, land remote sensing 

16 data set (hereafter in this section referred to as the ‘‘basic data set’’) and 

17 shall follow reasonable archival practices to ensure proper storage and pres18 ervation of the basic data set and timely access for parties requesting data. 

19 (c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In determining 

20 the initial content of, or in upgrading, the basic data set, the Secretary of 

21 the Interior shall— 

22 (1) use as a baseline the data archived on October 28, 1992; 

23 (2) take into account future technical and scientific developments 

24 and needs, paying particular attention to the anticipated data require25 ments of global environmental change research; 

26 (3) consult with and seek the advice of users and producers of re27 mote sensing data and data products; 

28 (4) consider the need for data which may be duplicative in terms of 

29 geographical coverage but which differ in terms of season, spectral 

30 bands, resolution, or other relevant factors; 

31 (5) include, as the Secretary of the Interior considers appropriate, 

32 unenhanced data generated either by the Landsat system, pursuant to 

33 subchapter II, or by licensees under subchapter III; 

34 (6) include, as the Secretary of the Interior considers appropriate, 

35 data collected by foreign ground stations or by foreign remote sensing 

36 space systems; and 

37 (7) ensure that the content of the archive is developed in accordance 

38 with section 60146 of this title. 

39 (d) PUBLIC DOMAIN.—After the expiration of any exclusive right to sell, 

40 or after relinquishment of such right, the data provided to the National Sat41 ellite Land Remote Sensing Data Archive shall be in the public domain and 


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1 shall be made available to requesting parties by the Secretary of the Interior 

2 at the cost of fulfilling user requests. 

3 § 60143. Nonreproduction 

4 Unenhanced data distributed by any licensee under subchapter III may 

5 be sold on the condition that such data will not be reproduced or dissemi6 nated by the purchaser for commercial purposes. 

7 § 60144. Reimbursement for assistance 

8 The Administrator, the Secretary of Defense, and the heads of other 

9 United States Government agencies may provide assistance to land remote 

10 sensing system operators under the provisions of this chapter. Substantial 

11 assistance shall be reimbursed by the operator, except as otherwise provided 

12 by law. 

13 § 60145. Acquisition of equipment 

14 The Landsat Program Management may, by means of a competitive proc15 ess, allow a licensee under subchapter III or any other private party to buy, 

16 lease, or otherwise acquire the use of equipment from the Landsat system, 

17 when such equipment is no longer needed for the operation of such system 

18 or for the sale of data from such system. Officials of other United States 

19 Government civilian agencies are authorized and encouraged to cooperate 

20 with the Secretary in carrying out this section. 

21 § 60146. Radio frequency allocation 

22 (a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.—To the 

23 extent required by the Communications Act of 1934 (47 U.S.C. 151 et 

24 seq.), an application shall be filed with the Federal Communications Com25 mission for any radio facilities involved with commercial remote sensing 

26 space systems licensed under subchapter III. 

27 (b) DEADLINE FOR FCC ACTION.—It is the intent of Congress that the 

28 Federal Communications Commission complete the radio licensing process 

29 under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the 

30 application of any private sector party or consortium operator of any com31 mercial land remote sensing space system subject to this chapter, within 

32 120 days of the receipt of an application for such licensing. If final action 

33 has not occurred within 120 days of the receipt of such an application, the 

34 Federal Communications Commission shall inform the applicant of any 

35 pending issues and of actions required to resolve them. 

36 (c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYSTEMS.— 

37 Authority shall not be required from the Federal Communications Commis38 sion for the development and construction of any United States land remote 

39 sensing space system (or component thereof), other than radio transmitting 

40 facilities or components, while any licensing determination is being made. 


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1 (d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC IN2 TEREST.—Frequency allocations made pursuant to this section by the Fed3 eral Communications Commission shall be consistent with international obli4 gations and with the public interest. 

5 § 60147. Consultation 

6 (a) CONSULTATION WITH SECRETARY OF DEFENSE.—The Secretary and 

7 the Landsat Program Management shall consult with the Secretary of De8 fense on all matters under this chapter affecting national security. The Sec9 retary of Defense shall be responsible for determining those conditions, con10 sistent with this chapter, necessary to meet national security concerns of the 

11 United States and for notifying the Secretary and the Landsat Program 

12 Management promptly of such conditions. 

13 (b) CONSULTATION WITH SECRETARY OF STATE.— 

14 (1) IN GENERAL.—The Secretary and the Landsat Program Man15 agement shall consult with the Secretary of State on all matters under 

16 this chapter affecting international obligations. The Secretary of State 

17 shall be responsible for determining those conditions, consistent with 

18 this chapter, necessary to meet international obligations and policies of 

19 the United States and for notifying promptly the Secretary and the 

20 Landsat Program Management of such conditions. 

21 (2) INTERNATIONAL AID.—Appropriate United States Government 

22 agencies are authorized and encouraged to provide remote sensing data, 

23 technology, and training to developing nations as a component of pro24 grams of international aid. 

25 (3) REPORTING DISCRIMINATORY DISTRIBUTION.—The Secretary of 

26 State shall promptly report to the Secretary and Landsat Program 

27 Management any instances outside the United States of discriminatory 

28 distribution of Landsat data. 

29 (c) STATUS REPORT.—The Landsat Program Management shall, as often 

30 as necessary, provide to Congress complete and updated information about 

31 the status of ongoing operations of the Landsat system, including timely no32 tification of decisions made with respect to the Landsat system in order to 

33 meet national security concerns and international obligations and policies of 

34 the United States Government. 

35 (d) REIMBURSEMENTS.—If, as a result of technical modifications imposed 

36 on a licensee under subchapter III on the basis of national security con37 cerns, the Secretary, in consultation with the Secretary of Defense or with 

38 other Federal agencies, determines that additional costs will be incurred by 

39 the licensee, or that past development costs (including the cost of capital) 

40 will not be recovered by the licensee, the Secretary may require the agency 

41 or agencies requesting such technical modifications to reimburse the licensee 


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1 for such additional or development costs, but not for anticipated profits. Re2 imbursements may cover costs associated with required changes in system 

3 performance, but not costs ordinarily associated with doing business abroad. 

4 § 60148. Enforcement 

5 (a) IN GENERAL.—In order to ensure that unenhanced data from the 

6 Landsat system received solely for noncommercial purposes are not used for 

7 any commercial purpose, the Secretary (in collaboration with private sector 

8 entities responsible for the marketing and distribution of unenhanced data 

9 generated by the Landsat system) shall develop and implement a system for 

10 enforcing this prohibition, in the event that unenhanced data from the 

11 Landsat system are made available for noncommercial purposes at a dif12 ferent price than such data are made available for other purposes. 

13 (b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the Secretary 

14 may impose any of the enforcement mechanisms described in subsection (c) 

15 against a person that— 

16 (1) receives unenhanced data from the Landsat system under this 

17 chapter solely for noncommercial purposes (and at a different price 

18 than the price at which such data are made available for other pur19 poses); and 

20 (2) uses such data for other than noncommercial purposes. 

21 (c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms referred to 

22 in subsection (b) may include civil penalties of not more than $10,000 (per 

23 day per violation), denial of further unenhanced data purchasing privileges, 

24 and any other penalties or restrictions the Secretary considers necessary to 

25 ensure, to the greatest extent practicable, that unenhanced data provided 

26 for noncommercial purposes are not used to unfairly compete in the com27 mercial market against private sector entities not eligible for data at the 

28 cost of fulfilling user requests. 

29 (d) PROCEDURES AND REGULATIONS.—The Secretary shall issue any reg30 ulations necessary to carry out this section and shall establish standards 

31 and procedures governing the imposition of enforcement mechanisms under 

32 subsection (b). The standards and procedures shall include a procedure for 

33 potentially aggrieved parties to file formal protests with the Secretary alleg34 ing instances where such unenhanced data have been, or are being, used for 

35 commercial purposes in violation of the terms of receipt of such data. The 

36 Secretary shall promptly act to investigate any such protest, and shall re37 port annually to Congress on instances of such violations. 


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1 SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF 

2 WEATHER SATELLITES 

3 § 60161. Prohibition 

4 Neither the President nor any other official of the Government shall make 

5 any effort to lease, sell, or transfer to the private sector, or commercialize, 

6 any portion of the weather satellite systems operated by the Department of 

7 Commerce or any successor agency. 

8 § 60162. Future considerations 

9 Regardless of any change in circumstances subsequent to October 28, 

10 1992, even if such change makes it appear to be in the national interest 

11 to commercialize weather satellites, neither the President nor any official 

12 shall take any action prohibited by section 60161 of this title unless this 

13 subchapter has first been repealed. 

14 CHAPTER 603—REMOTE SENSING 

Sec. 

60301. Definitions. 

60302. General responsibilities. 

60303. Pilot projects to encourage public sector applications. 

60304. Program evaluation. 

60305. Data availability. 

60306. Education. 

15 § 60301. Definitions 

16 In this chapter: 

17 (1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial information’’ 

18 means knowledge of the nature and distribution of physical and cul19 tural features on the landscape based on analysis of data from airborne 

20 or spaceborne platforms or other types and sources of data. 

21 (2) HIGH RESOLUTION.—The term ‘‘high resolution’’ means resolu22 tion better than five meters. 

23 (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of 

24 higher education’’ has the meaning given the term in section 101(a) 

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

26 § 60302. General responsibilities 

27 The Administrator shall— 

28 (1) develop a sustained relationship with the United States commer29 cial remote sensing industry and, consistent with applicable policies and 

30 law, to the maximum practicable, rely on their services; and 

31 (2) in conjunction with United States industry and universities, re32 search, develop, and demonstrate prototype Earth science applications 

33 to enhance Federal, State, local, and tribal governments’ use of govern34 ment and commercial remote sensing data, technologies, and other 

35 sources of geospatial information for improved decision support to ad36 dress their needs. 


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1 § 60303. Pilot projects to encourage public sector applica2 tions 

3 (a) IN GENERAL.—The Administrator shall establish a program of grants 

4 for competitively awarded pilot projects to explore the integrated use of 

5 sources of remote sensing and other geospatial information to address State, 

6 local, regional, and tribal agency needs. 

7 (b) PREFERRED PROJECTS.—In awarding grants under this section, the 

8 Administrator shall give preference to projects that— 

9 (1) make use of commercial data sets, including high resolution com10 mercial satellite imagery and derived satellite data products, existing 

11 public data sets where commercial data sets are not available or appli12 cable, or the fusion of such data sets; 

13 (2) integrate multiple sources of geospatial information, such as geo14 graphic information system data, satellite-provided positioning data, 

15 and remotely sensed data, in innovative ways; 

16 (3) include funds or in-kind contributions from non-Federal sources; 

17 (4) involve the participation of commercial entities that process raw 

18 or lightly processed data, often merging that data with other geospatial 

19 information, to create data products that have significant value added 

20 to the original data; and 

21 (5) taken together demonstrate as diverse a set of public sector ap22 plications as possible. 

23 (c) OPPORTUNITIES.—In carrying out this section, the Administrator 

24 shall seek opportunities to assist— 

25 (1) in the development of commercial applications potentially avail26 able from the remote sensing industry; and 

27 (2) State, local, regional, and tribal agencies in applying remote 

28 sensing and other geospatial information technologies for growth man29 agement. 

30 (d) DURATION.—Assistance for a pilot project under subsection (a) shall 

31 be provided for a period not to exceed 3 years. 

32 (e) REPORT.—Each recipient of a grant under subsection (a) shall trans33 mit a report to the Administrator on the results of the pilot project within 

34 180 days of the completion of that project. 

35 (f) WORKSHOP.—Each recipient of a grant under subsection (a) shall, not 

36 later than 180 days after the completion of the pilot project, conduct at 

37 least one workshop for potential users to disseminate the lessons learned 

38 from the pilot project as widely as feasible. 

39 (g) REGULATIONS.—The Administrator shall issue regulations estab40 lishing application, selection, and implementation procedures for pilot 

41 projects, and guidelines for reports and workshops required by this section. 


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1 § 60304. Program evaluation 

2 (a) ADVISORY COMMITTEE.—The Administrator shall establish an advi3 sory committee, consisting of individuals with appropriate expertise in State, 

4 local, regional, and tribal agencies, the university research community, and 

5 the remote sensing and other geospatial information industries, to monitor 

6 the program established under section 60303 of this title. The advisory com7 mittee shall consult with the Federal Geographic Data Committee and other 

8 appropriate industry representatives and organizations. Notwithstanding 

9 section 14 of the Federal Advisory Committee Act (5 App. U.S.C.), the ad10 visory committee established under this subsection shall remain in effect 

11 until the termination of the program under section 60303 of this title. 

12 (b) EFFECTIVENESS EVALUATION.—Not later than December 31, 2009, 

13 the Administrator shall transmit to Congress an evaluation of the effective14 ness of the program established under section 60303 of this title in explor15 ing and promoting the integrated use of sources of remote sensing and other 

16 geospatial information to address State, local, regional, and tribal agency 

17 needs. Such evaluation shall have been conducted by an independent entity. 

18 § 60305. Data availability 

19 The Administrator shall ensure that the results of each of the pilot 

20 projects completed under section 60303 of this title shall be retrievable 

21 through an electronic, internet-accessible database. 

22 § 60306. Education 

23 The Administrator shall establish an educational outreach program to in24 crease awareness at institutions of higher education and State, local, re25 gional, and tribal agencies of the potential applications of remote sensing 

26 and other geospatial information and awareness of the need for geospatial 

27 workforce development. 

28 CHAPTER 605—EARTH SCIENCE 

Sec. 

60501. Goal. 

60502. Transitioning experimental research into operational services. 

60503. Reauthorization of Glory Mission. 

60504. Tornadoes and other severe storms. 

60505. Coordination with the National Oceanic and Atmospheric Administration. 

60506. Sharing of climate related data. 

29 § 60501. Goal 

30 The goal for the Administration’s Earth Science program shall be to pur31 sue a program of Earth observations, research, and applications activities 

32 to better understand the Earth, how it supports life, and how human activi33 ties affect its ability to do so in the future. In pursuit of this goal, the Ad34 ministration’s Earth Science program shall ensure that securing practical 

35 benefits for society will be an important measure of its success in addition 

36 to securing new knowledge about the Earth system and climate change. In 


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1 further pursuit of this goal, the Administration shall, together with the Na2 tional Oceanic and Atmospheric Administration and other relevant agencies, 

3 provide United States leadership in developing and carrying out a coopera4 tive international Earth observations-based research program. 

5 § 60502. Transitioning experimental research into oper6 ational services 

7 (a) INTERAGENCY PROCESS.—The Director of the Office of Science and 

8 Technology Policy, in consultation with the Administrator, the Adminis9 trator of the National Oceanic and Atmospheric Administration, and other 

10 relevant stakeholders, shall develop a process to transition, when appro11 priate, Administration Earth science and space weather missions or sensors 

12 into operational status. The process shall include coordination of annual 

13 agency budget requests as required to execute the transitions. 

14 (b) RESPONSIBLE AGENCY OFFICIAL.—The Administrator and the Ad15 ministrator of the National Oceanic and Atmospheric Administration shall 

16 each designate an agency official who shall have the responsibility for and 

17 authority to lead the Administration’s and the National Oceanic and Atmos18 pheric Administration’s transition activities and interagency coordination. 

19 (c) PLAN.—For each mission or sensor that is determined to be appro20 priate for transition under subsection (a), the Administration and the Na21 tional Oceanic and Atmospheric Administration shall transmit to Congress 

22 a joint plan for conducting the transition. The plan shall include the strat23 egy, milestones, and budget required to execute the transition. The transi24 tion plan shall be transmitted to Congress no later than 60 days after the 

25 successful completion of the mission or sensor critical design review. 

26 § 60503. Reauthorization of Glory Mission 

27 Congress reauthorizes the Administration to continue with development of 

28 the Glory Mission, which will examine how aerosols and solar energy affect 

29 the Earth’s climate. 

30 § 60504. Tornadoes and other severe storms 

31 The Administrator shall ensure that the Administration gives high pri32 ority to those parts of its existing cooperative activities with the National 

33 Oceanic and Atmospheric Administration that are related to the study of 

34 tornadoes and other severe storms, tornado-force winds, and other factors 

35 determined to influence the development of tornadoes and other severe 

36 storms, with the goal of improving the Nation’s ability to predict tornados 

37 and other severe storms. Further, the Administrator shall examine whether 

38 there are additional cooperative activities with the National Oceanic and At39 mospheric Administration that should be undertaken in the area of tornado 

40 and severe storm research. 


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1 § 60505. Coordination with the National Oceanic and Atmos2 pheric Administration 

3 (a) JOINT WORKING GROUP.—The Administrator and the Administrator 

4 of the National Oceanic and Atmospheric Administration shall appoint a 

5 Joint Working Group, which shall review and monitor missions of the two 

6 agencies to ensure maximum coordination in the design, operation, and 

7 transition of missions where appropriate. The Joint Working Group shall 

8 also prepare the plans required by subsection (c). 

9 (b) COORDINATION REPORT.—Not later than February 15 of each year, 

10 the Administrator and the Administrator of the National Oceanic and At11 mospheric Administration shall jointly transmit a report to the Committee 

12 on Science and Technology of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the Senate on how the 

14 Earth science programs of the Administration and the National Oceanic and 

15 Atmospheric Administration will be coordinated during the fiscal year fol16 lowing the fiscal year in which the report is transmitted. 

17 (c) COORDINATION OF TRANSITION PLANNING AND REPORTING.—The 

18 Administrator, in conjunction with the Administrator of the National Oce19 anic and Atmospheric Administration and in consultation with other rel20 evant agencies, shall evaluate relevant Administration science missions for 

21 their potential operational capabilities and shall prepare transition plans for 

22 the existing and future Earth observing systems found to have potential 

23 operational capabilities. 

24 (d) LIMITATION.—The Administrator shall not transfer any Administra25 tion Earth science mission or Earth observing system to the National Oce26 anic and Atmospheric Administration until the plan required under sub27 section (c) has been approved by the Administrator and the Administrator 

28 of the National Oceanic and Atmospheric Administration and until financial 

29 resources have been identified to support the transition or transfer in the 

30 President’s budget request for the National Oceanic and Atmospheric Ad31 ministration. 

32 § 60506. Sharing of climate related data 

33 The Administrator shall work to ensure that the Administration’s policies 

34 on the sharing of climate related data respond to the recommendations of 

35 the Government Accountability Office’s report on climate change research 

36 and data-sharing policies and to the recommendations on the processing, 

37 distribution, and archiving of data by the National Academies Earth Science 

38 Decadal Survey, ‘‘Earth Science and Applications from Space’’, and other 

39 relevant National Academies reports, to enhance and facilitate their avail40 ability and widest possible use to ensure public access to accurate and cur41 rent data on global warming. 


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1 Subtitle VII—Access to Space 

2 CHAPTER 701—USE OF SPACE SHUTTLE OR 

3 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. 

4 § 70101. Recovery of fair value of placing Department of De5 fense payloads in orbit with space shuttle 

6 Notwithstanding any other provision of law, or any interagency agree7 ment, the Administrator shall charge such prices as are necessary to recover 

8 the fair value of placing Department of Defense payloads into orbit by 

9 means of the space shuttle. 

10 § 70102. Space shuttle use policy 

11 (a) USE POLICY.— 

12 (1) IN GENERAL.— 

13 (A) POLICY.—It shall be the policy of the United States to use 

14 the space shuttle— 

15 (i) for purposes that require a human presence; 

16 (ii) for purposes that require the unique capabilities of the 

17 space shuttle; or 

18 (iii) when other compelling circumstances exist. 

19 (B) DEFINITION OF COMPELLING CIRCUMSTANCES.—In this 

20 paragraph, the term ‘‘compelling circumstances’’ includes, but is 

21 not limited to, occasions when the Administrator determines, in 

22 consultation with the Secretary of Defense and the Secretary of 

23 State, that important national security or foreign policy interests 

24 would be served by a shuttle launch. 

25 (2) USING AVAILABLE CARGO SPACE FOR SECONDARY PAYLOADS.— 

26 The policy stated in paragraph (1) shall not preclude the use of avail27 able cargo space, on a space shuttle mission otherwise consistent with 

28 the policy described in paragraph (1), for the purpose of carrying sec29 ondary payloads (as defined by the Administrator) that do not require 

30 a human presence if such payloads are consistent with the require31 ments of research, development, demonstration, scientific, commercial, 

32 and educational programs authorized by the Administrator. 

33 (b) ANNUAL REPORT.—At least annually, the Administrator shall submit 

34 to Congress a report certifying that the payloads scheduled to be launched 

35 on the space shuttle for the next 4 years are consistent with the policy set 

36 forth in subsection (a)(1). For each payload scheduled to be launched from 

37 the space shuttle that does not require a human presence, the Administrator 


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1 shall, in the certified report to Congress, state the specific circumstances 

2 that justified the use of the space shuttle. If, during the period between 

3 scheduled reports to Congress, any additions are made to the list of certified 

4 payloads intended to be launched from the shuttle, the Administrator shall 

5 inform Congress of the additions and the reasons therefor within 45 days 

6 of the change. 

7 (c) ADMINISTRATION PAYLOADS.—The report described in subsection (b) 

8 shall also include those Administration payloads designed solely to fly on the 

9 space shuttle which have begun the phase C/D of its development cycle. 

10 § 70103. Commercial payloads on space shuttle 

11 (a) DEFINITIONS.—In this section: 

12 (1) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi13 cle constructed for the purpose of operating in, or placing a payload 

14 in, outer space. 

15 (2) PAYLOAD.—The term ‘‘payload’’ means an object which a person 

16 undertakes to place in outer space by means of a launch vehicle, and 

17 includes subcomponents of the launch vehicle specifically designed or 

18 adapted for that object. 

19 (b) IN GENERAL.—Commercial payloads may not be accepted for launch 

20 as primary payloads on the space shuttle unless the Administrator deter21 mines that— 

22 (1) the payload requires the unique capabilities of the space shuttle; 

23 or 

24 (2) launching of the payload on the space shuttle is important for 

25 either national security or foreign policy purposes. 

26 CHAPTER 703—SHUTTLE PRICING POLICY FOR 

27 COMMERCIAL AND FOREIGN USERS 

Sec. 

70301. Congressional findings and declarations. 

70302. Purpose, policy, and goals. 

70303. Definition of additive cost. 

70304. Duties of Administrator. 

28 § 70301. Congressional findings and declarations 

29 Congress finds and declares that— 

30 (1) the Space Transportation System is a vital element of the United 

31 States space program, contributing to the United States leadership in 

32 space research, technology, and development; 

33 (2) the Space Transportation System is the primary space launch 

34 system for both United States national security and civil government 

35 missions; 


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1 (3) the Space Transportation System contributes to the expansion of 

2 United States private sector investment and involvement in space and 

3 therefore should serve commercial users; 

4 (4) the availability of the Space Transportation System to foreign 

5 users for peaceful purposes is an important means of promoting inter6 national cooperative activities in the national interest and in maintain7 ing access to space for activities which enhance the security and welfare 

8 of humankind; 

9 (5) the United States is committed to maintaining world leadership 

10 in space transportation; 

11 (6) making the Space Transportation System fully operational and 

12 cost effective in providing routine access to space will maximize the na13 tional economic benefits of the system; and 

14 (7) national goals and the objectives for the Space Transportation 

15 System can be furthered by a stable and fair pricing policy for the 

16 Space Transportation System. 

17 § 70302. Purpose, policy, and goals 

18 The purpose of this chapter is to set, for commercial and foreign users, 

19 the reimbursement pricing policy for the Space Transportation System that 

20 is consistent with the findings included in section 70301 of this title, en21 courages the full and effective use of space, and is designed to achieve the 

22 following goals: 

23 (1) The preservation of the role of the United States as a leader in 

24 space research, technology, and development. 

25 (2) The efficient and cost effective use of the Space Transportation 

26 System. 

27 (3) The achievement of greatly increased commercial space activity. 

28 (4) The enhancement of the international competitive position of the 

29 United States. 

30 § 70303. Definition of additive cost 

31 In this chapter, the term ‘‘additive cost’’ means the average direct and 

32 indirect costs to the Administration of providing additional flights of the 

33 Space Transportation System beyond the costs associated with those flights 

34 necessary to meet the space transportation needs of the United States Gov35 ernment. 

36 § 70304. Duties of Administrator 

37 (a) ESTABLISHMENT AND IMPLEMENTATION OF REIMBURSEMENT RE38 COVERY SYSTEM.—The Administrator shall establish and implement a pric39 ing system to recover reimbursement in accordance with the pricing policy 

40 under section 70302 of this title from each commercial or foreign user of 

41 the Space Transportation System, which, except as provided in subsections 


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1 (c), (d), and (e), shall include a base price of not less than $74,000,000 

2 for each flight of the Space Transportation System in 1982 dollars. 

3 (b) REPORTS TO CONGRESS.—Each year the Administrator shall submit 

4 to the President of the Senate, the Speaker of the House of Representatives, 

5 the Committee on Commerce, Science, and Transportation of the Senate, 

6 and the Committee on Science and Technology of the House of Representa7 tives a report, transmitted contemporaneously with the annual budget re8 quest of the President, which shall inform Congress how the policy goals 

9 contained in section 70302 of this title are being furthered by the shuttle 

10 price for foreign and commercial users. 

11 (c) REDUCTION OF BASE PRICE.— 

12 (1) AUTHORITY TO REDUCE.—If at any time the Administrator finds 

13 that the policy goals contained in section 70302 of this title are not 

14 being achieved, the Administrator shall have authority to reduce the 

15 base price established in subsection (a) after 45 days following receipt 

16 by the President of the Senate, the Speaker of the House of Represent17 atives, the Committee on Commerce, Science, and Transportation of 

18 the Senate, and the Committee on Science and Technology of the 

19 House of Representatives of a notice by the Administrator containing 

20 a description of the proposed reduction together with a full and com21 plete statement of the facts and circumstances which necessitate such 

22 proposed reduction. 

23 (2) MINIMUM PRICE.—In no case shall the minimum price estab24 lished under paragraph (1) be less than additive cost. 

25 (d) LOW OR NO-COST FLIGHTS.—The Administrator may set a price 

26 lower than the price determined under subsection (a) or (c), or provide no27 cost flights, for any commercial or foreign user of the Space Transportation 

28 System that is involved in research, development, or demonstration pro29 grams with the Administration. 

30 (e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of sub31 section (a), the Administrator shall have the authority to offer reasonable 

32 customer incentives consistent with the policy goals in section 70302 of this 

33 title. 

34 CHAPTER 705—EXPLORATION INITIATIVES 

Sec. 

70501. Space shuttle follow-on. 

70502. Exploration plan and programs. 

70503. Ground-based analog capabilities. 

70504. Stepping stone approach to exploration. 

70505. Lunar outpost. 

70506. Exploration technology research. 

70507. Technology development. 

70508. Robotic or human servicing of spacecraft. 


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1 § 70501. Space shuttle follow-on 

2 (a) POLICY STATEMENT.—It is the policy of the United States to possess 

3 the capability for human access to space on a continuous basis. 

4 (b) ANNUAL REPORT.—The Administrator shall transmit an annual re5 port 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 describing the progress being made toward developing the 

8 Crew Exploration Vehicle and the Crew Launch Vehicle and the estimated 

9 time before they will demonstrate crewed, orbital spaceflight. 

10 § 70502. Exploration plan and programs 

11 The Administrator shall— 

12 (1) construct an architecture and implementation plan for the Ad13 ministration’s human exploration program that is not critically depend14 ent on the achievement of milestones by fixed dates; 

15 (2) implement an exploration technology development program to en16 able lunar human and robotic operations consistent with section 

17 20302(b) of this title, including surface power to use on the Moon and 

18 other locations; 

19 (3) conduct an in-situ resource utilization technology program to de20 velop the capability to use space resources to increase independence 

21 from Earth, and sustain exploration beyond low-Earth orbit; and 

22 (4) pursue aggressively automated rendezvous and docking capabili23 ties that can support the International Space Station and other mission 

24 requirements. 

25 § 70503. Ground-based analog capabilities 

26 (a) IN GENERAL.—The Administrator may establish a ground-based ana27 log capability in remote United States locations in order to assist in the de28 velopment of lunar operations, life support, and in-situ resource utilization 

29 experience and capabilities. 

30 (b) ENVIRONMENTAL CHARACTERISTICS.—The Administrator shall select 

31 locations for the activities described in subsection (a) that— 

32 (1) are regularly accessible; 

33 (2) have significant temperature extremes and range; and 

34 (3) have access to energy and natural resources (including geo35 thermal, permafrost, volcanic, or other potential resources). 

36 (c) INVOLVEMENT OF LOCAL POPULATIONS AND PRIVATE SECTOR PART37 NERS.—In carrying out this section, the Administrator shall involve local 

38 populations, academia, and industrial partners as much as possible to en39 sure that ground-based benefits and applications are encouraged and devel40 oped. 


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1 § 70504. Stepping stone approach to exploration 

2 In order to maximize the cost-effectiveness of the long-term exploration 

3 and utilization activities of the United States, the Administrator shall take 

4 all necessary steps, including engaging international partners, to ensure that 

5 activities in its lunar exploration program shall be designed and imple6 mented in a manner that gives strong consideration to how those activities 

7 might also help meet the requirements of future exploration and utilization 

8 activities beyond the Moon. The timetable of the lunar phase of the long9 term international exploration initiative shall be determined by the avail10 ability of funding. However, once an exploration-related project enters its 

11 development phase, the Administrator shall seek, to the maximum extent 

12 practicable, to complete that project without undue delays. 

13 § 70505. Lunar outpost 

14 (a) ESTABLISHMENT.—As the Administration works toward the establish15 ment of a lunar outpost, the Administration shall make no plans that would 

16 require a lunar outpost to be occupied to maintain its viability. Any such 

17 outpost shall be operable as a human-tended facility capable of remote or 

18 autonomous operation for extended periods. 

19 (b) DESIGNATION.—The United States portion of the first human-tended 

20 outpost established on the surface of the Moon shall be designated the ‘‘Neil 

21 A. Armstrong Lunar Outpost’’. 

22 § 70506. Exploration technology research 

23 The Administrator shall carry out a program of long-term exploration-re24 lated technology research and development, including such things as in25 space propulsion, power systems, life support, and advanced avionics, that 

26 is not tied to specific flight projects. The program shall have the funding 

27 goal of ensuring that the technology research and development can be com28 pleted in a timely manner in order to support the safe, successful, and sus29 tainable exploration of the solar system. In addition, in order to ensure that 

30 the broadest range of innovative concepts and technologies are captured, the 

31 long-term technology program shall have the goal of having a significant 

32 portion of its funding available for external grants and contracts with uni33 versities, research institutions, and industry. 

34 § 70507. Technology development 

35 The Administrator shall establish an intra-Directorate long-term tech36 nology development program for space and Earth science within the Science 

37 Mission Directorate for the development of new technology. The program 

38 shall be independent of the flight projects under development. The Adminis39 tration shall have a goal of funding the intra-Directorate technology devel40 opment program at a level of 5 percent of the total Science Mission DirecVerDate Nov 24 2008 03:27 Jan 21, 2010 Jkt 089200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RFS H3237

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1 torate annual budget. The program shall be structured to include competi2 tively awarded grants and contracts. 

3 § 70508. Robotic or human servicing of spacecraft 

4 The Administrator shall take all necessary steps to ensure that provision 

5 is made in the design and construction of all future observatory-class sci6 entific spacecraft intended to be deployed in Earth orbit or at a Lagrangian 

7 point in space for robotic or human servicing and repair to the extent prac8 ticable and appropriate. 

9 CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT 

10 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. 

11 § 70701. Definitions 

12 In this chapter: 

13 (1) COMMISSION.—The term ‘‘Commission’’ means a Commission es14 tablished under this chapter. 

15 (2) INCIDENT.—The term ‘‘incident’’ means either an accident or a 

16 deliberate act. 

17 § 70702. Establishment of Commission 

18 (a) ESTABLISHMENT.—The President shall establish an independent, 

19 nonpartisan Commission within the executive branch to investigate any inci20 dent that results in the loss of— 

21 (1) a space shuttle; 

22 (2) the International Space Station or its operational viability; 

23 (3) any other United States space vehicle carrying humans that is 

24 owned by the Federal Government or that is being used pursuant to 

25 a contract with the Federal Government; or 

26 (4) a crew member or passenger of any space vehicle described in 

27 this subsection. 

28 (b) DEADLINE FOR ESTABLISHMENT.—The President shall establish a 

29 Commission within 7 days after an incident specified in subsection (a). 

30 § 70703. Tasks of Commission 

31 A Commission established pursuant to this chapter shall, to the extent 

32 possible, undertake the following tasks: 

33 (1) INVESTIGATION.—Investigate the incident. 


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1 (2) CAUSE.—Determine the cause of the incident. 

2 (3) CONTRIBUTING FACTORS.—Identify all contributing factors to 

3 the cause of the incident. 

4 (4) RECOMMENDATIONS.—Make recommendations for corrective ac5 tions. 

6 (5) ADDITIONAL FINDINGS OR RECOMMENDATIONS.—Provide any 

7 additional findings or recommendations deemed by the Commission to 

8 be important, whether or not they are related to the specific incident 

9 under investigation. 

10 (6) REPORT.—Prepare a report to Congress, the President, and the 

11 public. 

12 § 70704. Composition of Commission 

13 (a) NUMBER OF COMMISSIONERS.—A Commission established pursuant 

14 to this chapter shall consist of 15 members. 

15 (b) SELECTION.—The members of a Commission shall be chosen in the 

16 following manner: 

17 (1) APPOINTMENT BY PRESIDENT.—The President shall appoint the 

18 members, and shall designate the Chairman and Vice Chairman of the 

19 Commission from among its members. 

20 (2) LISTS PROVIDED BY LEADERS OF CONGRESS.—The majority 

21 leader of the Senate, the minority leader of the Senate, the Speaker 

22 of the House of Representatives, and the minority leader of the House 

23 of Representatives shall each provide to the President a list of can24 didates for membership on the Commission. The President may select 

25 one of the candidates from each of the 4 lists for membership on the 

26 Commission. 

27 (3) PROHIBITION REGARDING FEDERAL OFFICERS AND EMPLOYEES

28 AND MEMBERS OF CONGRESS.—No officer or employee of the Federal 

29 Government or Member of Congress shall serve as a member of the 

30 Commission. 

31 (4) PROHIBITION REGARDING CONTRACTORS.—No member of the 

32 Commission shall have, or have pending, a contractual relationship with 

33 the Administration. 

34 (5) PROHIBITION REGARDING CONFLICT OF INTEREST.—The Presi35 dent shall not appoint any individual as a member of a Commission 

36 under this section who has a current or former relationship with the 

37 Administrator that the President determines would constitute a conflict 

38 of interest. 

39 (6) EXPERIENCE.—To the extent practicable, the President shall en40 sure that the members of the Commission include some individuals with 

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1 viduals with investigative experience and some individuals with legal ex2 perience. 

3 (7) DIVERSITY.—To the extent practicable, the President shall seek 

4 diversity in the membership of the Commission. 

5 (c) DEADLINE FOR APPOINTMENT.—All members of a Commission estab6 lished under this chapter shall be appointed no later than 30 days after the 

7 incident. 

8 (d) INITIAL MEETING.—A Commission shall meet and begin operations 

9 as soon as practicable. 

10 (e) SUBSEQUENT MEETINGS.—After its initial meeting, a Commission 

11 shall meet upon the call of the Chairman or a majority of its members. 

12 (f) QUORUM.—Eight members of a Commission shall constitute a 

13 quorum. 

14 (g) VACANCIES.—Any vacancy in a Commission shall not affect its pow15 ers, but shall be filled in the same manner in which the original appoint16 ment was made. 

17 § 70705. Powers of Commission 

18 (a) HEARINGS AND EVIDENCE.—A Commission or, on the authority of 

19 the Commission, any subcommittee or member thereof, may, for the purpose 

20 of carrying out this chapter— 

21 (1) hold such hearings and sit and act at such times and places, take 

22 such testimony, receive such evidence, administer such oaths; and 

23 (2) require, by subpoena or otherwise, the attendance and testimony 

24 of such witnesses and the production of such books, records, cor25 respondence, memoranda, papers, and documents, 

26 as the Commission or such designated subcommittee or member may deter27 mine advisable. 

28 (b) CONTRACTING.—A Commission may, to such extent and in such 

29 amounts as are provided in appropriation Acts, enter into contracts to en30 able the Commission to discharge its duties under this chapter. 

31 (c) INFORMATION FROM FEDERAL AGENCIES.— 

32 (1) IN GENERAL.—A Commission may secure directly from any exec33 utive department, bureau, agency, board, commission, office, inde34 pendent establishment, or instrumentality of the Government, informa35 tion, suggestions, estimates, and statistics for the purposes of this 

36 chapter. Each department, bureau, agency, board, commission, office, 

37 independent establishment, or instrumentality shall, to the extent au38 thorized by law, furnish such information, suggestions, estimates, and 

39 statistics directly to the Commission, upon request made by the Chair40 man, the chairman of any subcommittee created by a majority of the 


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1 Commission, or any member designated by a majority of the Commis2 sion. 

3 (2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Informa4 tion shall only be received, handled, stored, and disseminated by mem5 bers of the Commission and its staff consistent with all applicable stat6 utes, regulations, and Executive orders. 

7 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

8 (1) GENERAL SERVICES ADMINISTRATION.—The Administrator of 

9 General Services shall provide to a Commission on a reimbursable basis 

10 administrative support and other services for the performance of the 

11 Commission’s tasks. 

12 (2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the as13 sistance prescribed in paragraph (1), departments and agencies of the 

14 United States may provide to the Commission such services, funds, fa15 cilities, staff, and other support services as they may determine advis16 able and as may be authorized by law. 

17 (3) ADMINISTRATION ENGINEERING AND SAFETY CENTER.—The Ad18 ministration Engineering and Safety Center shall provide data and 

19 technical support as requested by the Commission. 

20 § 70706. Public meetings, information, and hearings 

21 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF RE22 PORTS.—A Commission shall— 

23 (1) hold public hearings and meetings to the extent appropriate; and 

24 (2) release public versions of the reports required under this chapter. 

25 (b) PUBLIC HEARINGS.—Any public hearings of a Commission shall be 

26 conducted in a manner consistent with the protection of information pro27 vided to or developed for or by the Commission as required by any applica28 ble statute, regulation, or Executive order. 

29 § 70707. Staff of Commission 

30 (a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation 

31 with the Vice Chairman, in accordance with rules agreed upon by a Com32 mission, may appoint and fix the compensation of a staff director and such 

33 other personnel as may be necessary to enable the Commission to carry out 

34 its functions. 

35 (b) DETAILEES.—Any Federal Government employee, except for an em36 ployee of the Administration, may be detailed to a Commission without re37 imbursement from the Commission, and such detailee shall retain the rights, 

38 status, and privileges of his or her regular employment without interruption. 

39 (c) CONSULTANT SERVICES.—A Commission may procure the services of 

40 experts and consultants in accordance with section 3109 of title 5, but at 

41 rates not to exceed the daily equivalent of the annual rate of basic pay in 


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1 effect for positions at level IV of the Executive Schedule under section 5315 

2 of title 5. An expert or consultant whose services are procured under this 

3 subsection shall disclose any contract or association the expert or consultant 

4 has with the Administration or any Administration contractor. 

5 § 70708. Compensation and travel expenses 

6 (a) COMPENSATION.—Each member of a Commission may be com7 pensated at a rate not to exceed the daily equivalent of the annual rate of 

8 basic pay in effect for positions at level IV of the Executive Schedule under 

9 section 5315 of title 5 for each day during which that member is engaged 

10 in the actual performance of the duties of the Commission. 

11 (b) TRAVEL EXPENSES.—While away from their homes or regular places 

12 of business in the performance of services for the Commission, members of 

13 a Commission shall be allowed travel expenses, including per diem in lieu 

14 of subsistence, in the same manner as persons employed intermittently in 

15 the Government service are allowed expenses under section 5703 of title 5. 

16 § 70709. Security clearances for Commission members and 

17 staff 

18 The appropriate Federal agencies or departments shall cooperate with a 

19 Commission in expeditiously providing to the Commission members and 

20 staff appropriate security clearances to the extent possible pursuant to exist21 ing procedures and requirements. No person shall be provided with access 

22 to classified information under this chapter without the appropriate security 

23 clearances. 

24 § 70710. Reporting requirements and termination 

25 (a) INTERIM REPORTS.—A Commission may submit to the President and 

26 Congress interim reports containing such findings, conclusions, and rec27 ommendations for corrective actions as have been agreed to by a majority 

28 of Commission members. 

29 (b) FINAL REPORT.—A Commission shall submit to the President and 

30 Congress, and make concurrently available to the public, a final report con31 taining such findings, conclusions, and recommendations for corrective ac32 tions as have been agreed to by a majority of Commission members. Such 

33 report shall include any minority views or opinions not reflected in the ma34 jority report. 

35 (c) TERMINATION.— 

36 (1) IN GENERAL.—A Commission, and all the authorities of this 

37 chapter with respect to that Commission, shall terminate 60 days after 

38 the date on which the final report is submitted under subsection (b). 

39 (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A Com40 mission may use the 60-day period referred to in paragraph (1) for the 

41 purpose of concluding its activities, including providing testimony to 


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1 committees of Congress concerning its reports and disseminating the 

2 final report. 

3 CHAPTER 709—INTERNATIONAL SPACE STATION 

Sec. 

70901. Peaceful uses of space station. 

70902. Allocation of International Space Station research budget. 

70903. International Space Station research. 

70904. International Space Station completion. 

70905. National laboratory designation. 

70906. International Space Station National Laboratory Advisory Committee. 

70907. Maintaining use through at least 2020. 

4 § 70901. Peaceful uses of space station 

5 No civil space station authorized under section 103(a)(1) of the National 

6 Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 

7 (Public Law 101–611, 104 Stat. 3190) may be used to carry or place in 

8 orbit any nuclear weapon or any other weapon of mass destruction, to in9 stall any such weapon on any celestial body, or to station any such weapon 

10 in space in any other manner. This civil space station may be used only 

11 for peaceful purposes. 

12 § 70902. Allocation of International Space Station research 

13 budget 

14 The Administrator shall allocate at least 15 percent of the funds budg15 eted for International Space Station research to ground-based, free-flyer, 

16 and International Space Station life and microgravity science research that 

17 is not directly related to supporting the human exploration program, con18 sistent with section 40904 of this title. 

19 § 70903. International Space Station research 

20 The Administrator shall— 

21 (1) carry out a program of microgravity research consistent with sec22 tion 40904 of this title; and 

23 (2) consider the need for a life sciences centrifuge and any associated 

24 holding facilities. 

25 § 70904. International Space Station completion 

26 (a) POLICY.—It is the policy of the United States to achieve diverse and 

27 growing utilization of, and benefits from, the International Space Station. 

28 (b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.—The 

29 Administrator shall ensure that the International Space Station will— 

30 (1) be assembled and operated in a manner that fulfills international 

31 partner agreements, as long as the Administrator determines that the 

32 shuttle can safely enable the United States to do so; 

33 (2) be used for a diverse range of microgravity research, including 

34 fundamental, applied, and commercial research, consistent with section 

35 40904 of this title; 


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1 (3) have an ability to support a crew size of at least 6 persons, un2 less the Administrator transmits to the Committee on Science and 

3 Technology of the House of Representatives and the Committee on 

4 Commerce, Science, and Transportation of the Senate not later than 

5 60 days after December 30, 2005, a report explaining why such a re6 quirement should not be met, the impact of not meeting the require7 ment on the International Space Station research agenda and oper8 ations and international partner agreements, and what additional fund9 ing or other steps would be required to have an ability to support a 

10 crew size of at least 6 persons; 

11 (4) support Crew Exploration Vehicle docking and automated dock12 ing of cargo vehicles or modules launched by either heavy-lift or com13 mercially-developed launch vehicles; 

14 (5) support any diagnostic human research, on-orbit characterization 

15 of molecular crystal growth, cellular research, and other research that 

16 the Administration believes is necessary to conduct, but for which the 

17 Administration lacks the capacity to return the materials that need to 

18 be analyzed to Earth; and 

19 (6) be operated at an appropriate risk level. 

20 (c) CONTINGENCIES.— 

21 (1) POLICY.—The Administrator shall ensure that the International 

22 Space Station can have available, if needed, sufficient logistics and on23 orbit capabilities to support any potential period during which the 

24 space shuttle or its follow-on crew and cargo systems are unavailable, 

25 and can have available, if needed, sufficient surge delivery capability or 

26 prepositioning of spares and other supplies needed to accommodate any 

27 such hiatus. 

28 (2) PLAN.—Before making any change in the International Space 

29 Station assembly sequence in effect on December 30, 2005, the Admin30 istrator shall transmit to the Committee on Science and Technology of 

31 the House of Representatives and the Committee on Commerce, 

32 Science, and Transportation of the Senate a plan to carry out the pol33 icy described in paragraph (1). 

34 § 70905. National laboratory designation 

35 (a) DEFINITION OF UNITED STATES SEGMENT OF THE INTERNATIONAL

36 SPACE STATION.—In this section the term ‘‘United States segment of the 

37 International Space Station’’ means those elements of the International 

38 Space Station manufactured— 

39 (1) by the United States; or 

40 (2) for the United States by other nations in exchange for funds or 

41 launch services. 


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1 (b) DESIGNATION.—To further the policy described in section 70501(a) 

2 of this title, the United States segment of the International Space Station 

3 is hereby designated a national laboratory. 

4 (c) MANAGEMENT.— 

5 (1) PARTNERSHIPS.—The Administrator shall seek to increase the 

6 utilization of the International Space Station by other Federal entities 

7 and the private sector through partnerships, cost-sharing agreements, 

8 and other arrangements that would supplement Administration funding 

9 of the International Space Station. 

10 (2) CONTRACTING.—The Administrator may enter into a contract 

11 with a nongovernmental entity to operate the International Space Sta12 tion national laboratory, subject to all applicable Federal laws and reg13 ulations. 

14 § 70906. International Space Station National Laboratory 

15 Advisory Committee 

16 (a) ESTABLISHMENT.—Not later than one year after October 15, 2008, 

17 the Administrator shall establish under the Federal Advisory Committee Act 

18 a committee to be known as the ‘‘International Space Station National Lab19 oratory Advisory Committee’’ (hereafter in this section referred to as the 

20 ‘‘Committee’’). 

21 (b) MEMBERSHIP.— 

22 (1) COMPOSITION.—The Committee shall be composed of individuals 

23 representing organizations that have formal agreements with the Ad24 ministration to utilize the United States portion of the International 

25 Space Station, including allocations within partner elements. 

26 (2) CHAIR.—The Administrator shall appoint a chair from among 

27 the members of the Committee, who shall serve for a 2-year term. 

28 (c) DUTIES OF THE COMMITTEE.— 

29 (1) IN GENERAL.—The Committee shall monitor, assess, and make 

30 recommendations regarding effective utilization of the International 

31 Space Station as a national laboratory and platform for research. 

32 (2) ANNUAL REPORT.—The Committee shall submit to the Adminis33 trator, on an annual basis or more frequently as considered necessary 

34 by a majority of the members of the Committee, a report containing 

35 the assessments and recommendations required by paragraph (1). 

36 (d) DURATION.—The Committee shall exist for the life of the Inter37 national Space Station. 

38 § 70907. Maintaining use through at least 2020 

39 The Administrator shall take all necessary steps to ensure that the Inter40 national Space Station remains a viable and productive facility capable of 

41 potential United States utilization through at least 2020 and shall take no 


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1 steps that would preclude its continued operation and utilization by the 

2 United States after 2015. 

3 CHAPTER 711—NEAR-EARTH OBJECTS 

Sec. 

71101. Reaffirmation of policy. 

71102. Requests for information. 

71103. Developing policy and recommending responsible Federal agency. 

71104. Planetary radar. 

4 § 71101. Reaffirmation of policy 

5 Congress reaffirms the policy set forth in section 20102(g) of this title 

6 (relating to surveying near-Earth asteroids and comets). 

7 § 71102. Requests for information 

8 The Administrator shall issue requests for information on— 

9 (1) a low-cost space mission with the purpose of rendezvousing with, 

10 attaching a tracking device, and characterizing the Apophis asteroid; 

11 and 

12 (2) a medium-sized space mission with the purpose of detecting near13 Earth objects equal to or greater than 140 meters in diameter. 

14 § 71103. Developing policy and recommending responsible 

15 Federal agency 

16 Within 2 years after October 15, 2008, the Director of the Office of 

17 Science and Technology Policy shall— 

18 (1) develop a policy for notifying Federal agencies and relevant 

19 emergency response institutions of an impending near-Earth object 

20 threat, if near-term public safety is at risk; and 

21 (2) recommend a Federal agency or agencies to be responsible for— 

22 (A) protecting the United States from a near-Earth object that 

23 is expected to collide with Earth; and 

24 (B) implementing a deflection campaign, in consultation with 

25 international bodies, should one be necessary. 

26 § 71104. Planetary radar 

27 The Administrator shall maintain a planetary radar that is comparable 

28 to the capability provided through the Deep Space Network Goldstone facil29 ity of the Administration. 

30 CHAPTER 713—COOPERATION FOR SAFETY AMONG 

31 SPACEFARING NATIONS 

Sec. 

71301. Common docking system standard to enable rescue. 

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

32 § 71301. Common docking system standard to enable rescue 

33 In order to maximize the ability to rescue astronauts whose space vehicles 

34 have become disabled, the Administrator shall enter into discussions with 


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1 the appropriate representatives of spacefaring nations who have or plan to 

2 have crew transportation systems capable of orbital flight or flight beyond 

3 low Earth orbit for the purpose of agreeing on a common docking system 

4 standard. 

5 § 71302. Information sharing to avoid physical or radio-fre6 quency interference 

7 The Administrator shall, in consultation with other agencies of the Fed8 eral Government as the Administrator considers appropriate, initiate discus9 sions with the appropriate representatives of spacefaring nations to deter10 mine an appropriate frame-work under which information intended to pro11 mote safe access into outer space, operations in outer space, and return 

12 from outer space to Earth free from physical or radio-frequency interference 

13 can be shared among the nations. 

14 SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS. 

15 (a) TITLE 5.—Section 9811(a)(1)(E) of title 5, United States Code, is 

16 amended by striking ‘‘section 203(c)(2)(A) of the National Aeronautics and 

17 Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))’’ and substituting ‘‘section 

18 20113(b)(1) of title 51’’. 

19 (b) TITLE 31.—Section 1304(a)(3)(D) of title 31, United States Code, 

20 is amended by striking ‘‘section 203 of the National Aeronautics and Space 

21 Act of 1958 (42 U.S.C. 2473)’’ and substituting ‘‘section 20113 of title 

22 51’’. 

23 (c) TITLE 35.—Section 210(a)(7) of title 35, United States Code, is 

24 amended by striking ‘‘section 305 of the National Aeronautics and Space 

25 Act of 1958 (42 U.S.C. 2457)’’ and substituting ‘‘section 20135 of title 

26 51’’. 

27 (d) TRANSFER OF CHAPTERS 701 AND 703 OF TITLE 49, UNITED

28 STATES CODE.— 

29 (1) TITLE 49, UNITED STATES CODE.—Title 49, United States Code, 

30 is amended as follows: 

31 (A) In the analysis for title 49, United States Code, the item 

32 related to subtitle IX is amended to read as follows: 

‘‘IX. [TRANSFERRED]’’. 

33 (B) The heading and analysis for subtitle IX of title 49, United 

34 States Code, are amended to read as follows: 

35 ‘‘Subtitle IX—[Transferred] 

‘‘Chapter Sec. 

‘‘701. [Transferred] 

‘‘703. [Transferred]’’. 


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1 (2) RENUMBERING AND TRANSFER OF CHAPTERS.—Chapters 701 

2 and 703 of title 49, United States Code, are renumbered as chapters 

3 509 and 511, respectively, of title 51, United States Code, and trans4 ferred so as to appear after chapter 507 of title 51, United States 

5 Code, as enacted by section 3 of this Act. 

6 (3) RENUMBERING OF SECTIONS IN CHAPTER 509 OF TITLE 51, 

7 UNITED STATES CODE.—In chapter 509 of title 51, United States 

8 Code, as renumbered by paragraph (2), and in the chapter analysis, the 

9 sections are renumbered as follows: 

10 (A) Section 70101 is renumbered 50901. 

11 (B) Section 70102 is renumbered 50902. 

12 (C) Section 70103 is renumbered 50903. 

13 (D) Section 70104 is renumbered 50904. 

14 (E) Section 70105 is renumbered 50905. 

15 (F) Section 70105a is renumbered 50906. 

16 (G) Section 70106 is renumbered 50907. 

17 (H) Section 70107 is renumbered 50908. 

18 (I) Section 70108 is renumbered 50909. 

19 (J) Section 70109 is renumbered 50910. 

20 (K) Section 70109a is renumbered 50911. 

21 (L) Section 70110 is renumbered 50912. 

22 (M) Section 70111 is renumbered 50913. 

23 (N) Section 70112 is renumbered 50914. 

24 (O) Section 70113 is renumbered 50915. 

25 (P) Section 70114 is renumbered 50916. 

26 (Q) Section 70115 is renumbered 50917. 

27 (R) Section 70116 is renumbered 50918. 

28 (S) Section 70117 is renumbered 50919. 

29 (T) Section 70118 is renumbered 50920. 

30 (U) Section 70119 is renumbered 50921. 

31 (V) Section 70120 is renumbered 50922. 

32 (W) Section 70121 is renumbered 50923. 

33 (4) RENUMBERING OF SECTIONS IN CHAPTER 511 OF TITLE 51, 

34 UNITED STATES CODE.—In chapter 511 of title 51, United States 

35 Code, as renumbered by paragraph (2), and in the chapter analysis, the 

36 sections are renumbered as follows: 

37 (A) Section 70301 is renumbered 51101. 

38 (B) Section 70302 is renumbered 51102. 

39 (C) Section 70303 is renumbered 51103. 

40 (D) Section 70304 is renumbered 51104. 

41 (E) Section 70305 is renumbered 51105. 


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1 (5) CROSS REFERENCES IN CHAPTER 509 OF TITLE 51, UNITED

2 STATES CODE.— 

3 (A) Section 50902(11) of title 51, United States Code, as re4 numbered by paragraph (3), is amended— 

5 (i) by striking ‘‘section 70104(c)’’ and substituting ‘‘section 

6 50904(c)’’; and 

7 (ii) by striking ‘‘section 70105a’’ and substituting ‘‘section 

8 50906’’. 

9 (B) Section 50902(19) of title 51, United States Code, as re10 numbered by paragraph (3), is amended by striking ‘‘section 

11 70120(c)(2)’’ and substituting ‘‘section 50922(c)(2)’’. 

12 (C) Section 50904(a)(2) of title 51, United States Code, as re13 numbered by paragraph (3), is amended by striking ‘‘section 

14 70102(1)(A) or (B)’’ and substituting ‘‘section 50902(1)(A) or 

15 (B)’’. 

16 (D) Section 50904(a)(3) of title 51, United States Code, as re17 numbered by paragraph (3), is amended by striking ‘‘section 

18 70102(1)(C)’’ and substituting ‘‘section 50902(1)(C)’’. 

19 (E) Section 50904(a)(4) of title 51, United States Code, as re20 numbered by paragraph (3), is amended by striking ‘‘section 

21 70102(1)(C)’’ and substituting ‘‘section 50902(1)(C)’’. 

22 (F) Section 50905(b)(5)(A) of title 51, United States Code, as 

23 renumbered by paragraph (3), is amended by striking ‘‘section 

24 70112(a)(2) and (c)’’ and substituting ‘‘section 50914(a)(2) and 

25 (c)’’. 

26 (G) Section 50906(c) of title 51, United States Code, as renum27 bered by paragraph (3), is amended by striking ‘‘section 

28 70105(b)(2)(C)’’ and substituting ‘‘section 50905(b)(2)(C)’’. 

29 (H) Section 50906(i) of title 51, United States Code, as renum30 bered by paragraph (3), is amended by striking ‘‘sections 70106, 

31 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 

32 70121’’ and substituting ‘‘sections 50907, 50908, 50909, 50910, 

33 50912, 50914, 50917, 50918, 50919, and 50923’’. 

34 (I) Section 50907(a) of title 51, United States Code, as renum35 bered by paragraph (3), is amended by striking ‘‘sections 

36 70104(c), 70105, and 70105a’’ and substituting ‘‘sections 

37 50904(c), 50905, and 50906’’. 

38 (J) Section 50908(b)(2) of title 51, United States Code, as re39 numbered by paragraph (3), is amended by striking ‘‘section 

40 70105(c)’’ and substituting ‘‘section 50905(c)’’. 


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1 (K) Section 50908(e) of title 51, United States Code, as renum2 bered by paragraph (3), is amended by striking ‘‘section 70110’’ 

3 and substituting ‘‘section 50912’’. 

4 (L) Section 50909(b) of title 51, United States Code, as renum5 bered by paragraph (3), is amended by striking ‘‘section 70110’’ 

6 and substituting ‘‘section 50912’’. 

7 (M) Section 50912(a)(1) of title 51, United States Code, as re8 numbered by paragraph (3), is amended by striking ‘‘section 

9 70105(a) or 70105a’’ and substituting ‘‘section 50905(a) or 

10 50906’’. 

11 (N) Section 50912(a)(2) of title 51, United States Code, as re12 numbered by paragraph (3), is amended by striking ‘‘section 

13 70104(c)’’ and substituting ‘‘section 50904(c)’’. 

14 (O) Section 50912(a)(3)(A) of title 51, United States Code, as 

15 renumbered by paragraph (3), is amended by striking ‘‘section 

16 70107(b) or (c)’’ and substituting ‘‘section 50908(b) or (c)’’. 

17 (P) Section 50912(a)(3)(B) of title 51, United States Code, as 

18 renumbered by paragraph (3), is amended by striking ‘‘section 

19 70108(a)’’ and substituting ‘‘section 50909(a)’’. 

20 (Q) Section 50915(a)(1)(A) of title 51, United States Code, as 

21 renumbered by paragraph (3), is amended by striking ‘‘section 

22 70112(a)(1)(A)’’ and substituting ‘‘section 50914(a)(1)(A)’’. 

23 (R) Section 50915(a)(2) of title 51, United States Code, as re24 numbered by paragraph (3), is amended— 

25 (i) by striking ‘‘section 70112(a)(1)(A)’’ and substituting 

26 ‘‘section 50914(a)(1)(A)’’; and 

27 (ii) by striking ‘‘section 70112(a)(1)’’ and substituting 

28 ‘‘section 50914(a)(1)’’. 

29 (S) Section 50916 of title 51, United States Code, as renum30 bered by paragraph (3), is amended by striking ‘‘section 

31 70106(b)’’ and substituting ‘‘section 50907(b)’’. 

32 (T) Section 50919(b)(2) of title 51, United States Code, as re33 numbered by paragraph (3), is amended by striking ‘‘the Land 

34 Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’ and 

35 substituting ‘‘chapter 601 of this title’’. 

36 (U) Section 50922(c)(2)(B) of title 51, United States Code, as 

37 renumbered by paragraph (3), is amended by striking ‘‘section 

38 70102’’ and substituting ‘‘section 50902’’. 

39 (6) CROSS REFERENCES IN CHAPTER 511 OF TITLE 51, UNITED

40 STATES CODE.— 


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1 (A) Section 51101(1) of title 51, United States Code, as renum2 bered by paragraph (4), is amended by striking ‘‘section 502 of 

3 the National Aeronautics and Space Administration Authorization 

4 Act, Fiscal Year 1993 (15 U.S.C. 5802)’’ and substituting ‘‘sec5 tion 50501 of this title’’. 

6 (B) Section 51104(d)(1) of title 51, United States Code, as re7 numbered by paragraph (4), is amended by striking ‘‘section 303 

8 of this title’’ and substituting ‘‘section 303 of title 49’’. 

9 (7) ANALYSIS FOR TITLE 51, UNITED STATES CODE.—The analysis 

10 for title 51, United States Code, as enacted by section 3 of this Act, 

11 is amended by adding, after the item for chapter 507, the following 

12 items: 

13

‘‘509. Commercial Space Launch Activities ............................................................... 50901

‘‘511. Space Transportation Infrastructure Matching Grants ................................... 51101’’. 

14 (8) DEEMED REFERENCES TO TITLE 49, UNITED STATES CODE.—In 

15 title 49, United States Code, references to ‘‘this title’’ are deemed to 

16 refer also to chapters 509 and 511 of title 51, United States Code. 

17 (e) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZA18 TION ACT OF 2005.—Section 304 of the National Aeronautics and Space 

19 Administration Authorization Act of 2005 (42 U.S.C. 16654) is amended 

20 as follows: 

21 (1) Subsection (a)(1) is redesignated as subsection (a) and amended 

22 to read as follows: 

23 ‘‘(a) ASSESSMENT OF CERTAIN MISSIONS.—Not later than 60 days after 

24 the date of enactment of this Act, the Administrator shall carry out an as25 sessment under section 30504 of title 51, United States Code, for at least 

26 the following missions: FAST, TIMED, Cluster, Wind, Geotail, Polar, 

27 TRACE, Ulysses, and Voyager.’’. 

28 (2) Subsection (b) is amended by striking ‘‘subsection (a)(1)’’ and 

29 substituting ‘‘subsection (a)’’. 

30 SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS. 

31 (a) DEFINITIONS.—In this section: 

32 (1) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro33 vision of law that is replaced by a title 51 provision. 

34 (2) TITLE 51 PROVISION.—The term ‘‘title 51 provision’’ means a 

35 provision of title 51, United States Code, that is enacted by section 3. 

36 (b) CUTOFF DATE.—The title 51 provisions replace certain provisions of 

37 law enacted on or before July 1, 2009. If a law enacted after that date 

38 amends or repeals a source provision, that law is deemed to amend or re39 peal, as the case may be, the corresponding title 51 provision. If a law en40 acted after that date is otherwise inconsistent with a title 51 provision or 


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1 a provision of this Act, that law supersedes the title 51 provision or provi2 sion of this Act to the extent of the inconsistency. 

3 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de4 termining whether one provision of law supersedes another based on enact5 ment later in time, a title 51 provision is deemed to have been enacted on 

6 the date of enactment of the corresponding source provision. 

7 (d) REFERENCES TO TITLE 51 PROVISIONS.—A reference to a title 51 

8 provision is deemed to refer to the corresponding source provision. 

9 (e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source pro10 vision, including a reference in a regulation, order, or other law, is deemed 

11 to refer to the corresponding title 51 provision. 

12 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

13 regulation, order, or other administrative action in effect under a source 

14 provision continues in effect under the corresponding title 51 provision. 

15 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

16 an offense committed under a source provision is deemed to have been taken 

17 or committed under the corresponding title 51 provision. 

18 SEC. 6. REPEALS. 

19 The following provisions of law are repealed, except with respect to rights 

20 and duties that matured, penalties that were incurred, or proceedings that 

21 were begun before the date of enactment of this Act: 

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.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

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) ............................................. 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.

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.

115(b) ...................................... 15 U.S.C. 1535.

123 ........................................... (not previously classified).

203 ........................................... 42 U.S.C. 2465c.

206 ........................................... 42 U.S.C. 2465f.

Departments of Veterans Affairs and 

Housing and 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(a) ........................................ 42 U.S.C. 2473c(a).

21(c) ........................................ 42 U.S.C. 2473c(c).

21(d) ........................................ 42 U.S.C. 2473c(d).

21(e) ........................................ 42 U.S.C. 2473c(e).

21(f) ......................................... 42 U.S.C. 2473c(f).

21(g) ........................................ 42 U.S.C. 2473c(g).

21(h) ........................................ 42 U.S.C. 2473c(h).


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HR 3237 RFS 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

Land Remote Sensing Policy Act of 

1992 (Public Law 102–555) ............... 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.

502 ........................................... 15 U.S.C. 5802.

504 ........................................... 15 U.S.C. 5803.

506 ........................................... 15 U.S.C. 5805.

507 ........................................... 15 U.S.C. 5806.

508 ........................................... 15 U.S.C. 5807.

510 ........................................... 15 U.S.C. 5808.

602 ........................................... 42 U.S.C. 2487a.

603 ........................................... 42 U.S.C. 2487b.

604 ........................................... 42 U.S.C. 2487c.

606 ........................................... 42 U.S.C. 2487e.

607 ........................................... 42 U.S.C. 2487f.

608 ........................................... 42 U.S.C. 2487g.

Commercial Space Act of 1998 (Public 

Law 105–303) ..................................... 2 ............................................... 42 U.S.C. 14701.

101 ........................................... 42 U.S.C. 14711.

104(b) ...................................... 42 U.S.C. 14712(b).

105 ........................................... 42 U.S.C. 14713.

106 ........................................... 42 U.S.C. 14714.

107 ........................................... 42 U.S.C. 14715, 15 U.S.C. 

5621, 5622.

201 ........................................... 42 U.S.C. 14731.

202 ........................................... 42 U.S.C. 14732.

204 ........................................... 42 U.S.C. 14733.

205 ........................................... 42 U.S.C. 14734.

206 ........................................... 42 U.S.C. 14735.

Technology Administration Act of 1998 

(Public Law 105–309) ........................ 8 ............................................... 15 U.S.C. 1511e.

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) .......................... 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.


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HR 3237 RFS 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

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(2) ...................................... 42 U.S.C. 16655(2).

305(3) ...................................... 42 U.S.C. 16655(3).

306 ........................................... 42 U.S.C. 16656.

311 ........................................... 42 U.S.C. 16671.

312 ........................................... 42 U.S.C. 16672.

313 ........................................... 42 U.S.C. 16673.

314 ........................................... 42 U.S.C. 16674.

315 ........................................... 42 U.S.C. 16675.

316 ........................................... 42 U.S.C. 16676.

401 ........................................... 42 U.S.C. 16701.

411 ........................................... 42 U.S.C. 16711.

421 ........................................... 42 U.S.C. 16721.

422 ........................................... 42 U.S.C. 16722.

423 ........................................... 42 U.S.C. 16723.

424 ........................................... 42 U.S.C. 16724.

425 ........................................... 42 U.S.C. 16725.

426 ........................................... 42 U.S.C. 16726.

427 ........................................... 42 U.S.C. 16727.

431 ........................................... 42 U.S.C. 16741.

441 ........................................... 42 U.S.C. 16751.

501(a) ...................................... 42 U.S.C. 16761(a).

501(b) ...................................... 42 U.S.C. 16761(b).

503 ........................................... 42 U.S.C. 16763.

504 ........................................... 42 U.S.C. 16764.

505 ........................................... 42 U.S.C. 16765.

506(1) ...................................... 42 U.S.C. 16766(1).

506(2) ...................................... 42 U.S.C. 16766(2).

507(a) ...................................... 42 U.S.C. 16767(a).

507(b) ...................................... 42 U.S.C. 16767(b).

507(d) ...................................... 42 U.S.C. 16767(d).

601 ........................................... 42 U.S.C. 16781.

612 ........................................... 42 U.S.C. 16791.

613 ........................................... 42 U.S.C. 16792.

615 ........................................... 42 U.S.C. 16794.

616 ........................................... 42 U.S.C. 16795.

618 ........................................... 42 U.S.C. 16797.

619(b) ...................................... 42 U.S.C. 16798(b).

621 ........................................... 42 U.S.C. 16811.

707 ........................................... 42 U.S.C. 16821.

708 ........................................... 42 U.S.C. 16822.

709 ........................................... 42 U.S.C. 16823.

821 ........................................... 42 U.S.C. 16841.

822 ........................................... 42 U.S.C. 16842.

823 ........................................... 42 U.S.C. 16843.

824 ........................................... 42 U.S.C. 16844.

825 ........................................... 42 U.S.C. 16845.

826 ........................................... 42 U.S.C. 16846.

827 ........................................... 42 U.S.C. 16847.

828 ........................................... 42 U.S.C. 16848.

829 ........................................... 42 U.S.C. 16849.

830 ........................................... 42 U.S.C. 16850.

America COMPETES Act (Public Law 

110–69) ............................................... 2001(a) .................................... 42 U.S.C. 16611a(a).

2001(b) .................................... 42 U.S.C. 16611a(b).

2001(c) .................................... 42 U.S.C. 16611a(c).

2001(e) .................................... 42 U.S.C. 16611a(e).

2002(b) .................................... 42 U.S.C. 16712(b).

2003 ......................................... 42 U.S.C. 16658.

Science Appropriations Act, 2008 (Public Law 110–161, div. B, title III) ...... (7th par. under heading 

‘‘Administrative Provisions’’, 

at 121 Stat. 1919).

42 U.S.C. 16611b.

National Aeronautics and Space Administration Authorization Act of 2008 

(Public Law 110–422) ........................ 201 ........................................... 42 U.S.C. 17711.


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HR 3237 RFS 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

204(b) ...................................... 42 U.S.C. 17712(b).

204(c) ...................................... 42 U.S.C. 17712(c).

204(d) ...................................... 42 U.S.C. 17712(d).

206(a) ...................................... 42 U.S.C. 17713(a).

208 ........................................... 42 U.S.C. 17714.

302 ........................................... 42 U.S.C. 17721.

303 ........................................... 42 U.S.C. 17722.

304(b) ...................................... 42 U.S.C. 17723(b).

304(c) ...................................... 42 U.S.C. 17723(c).

307 ........................................... 42 U.S.C. 17724.

403 ........................................... 42 U.S.C. 17731.

404(a) ...................................... 42 U.S.C. 17732(a).

404(b) ...................................... 42 U.S.C. 17732(b).

405(b) ...................................... 42 U.S.C. 17733(b).

407 ........................................... 42 U.S.C. 17734.

501 ........................................... 42 U.S.C. 17741.

502 ........................................... 42 U.S.C. 17742.

601(a) ...................................... 42 U.S.C. 17751(a).

602 ........................................... 42 U.S.C. 17752.

704(b) ...................................... 42 U.S.C. 17781(b).

704(c) ...................................... 42 U.S.C. 17781(c).

801(a) ...................................... 42 U.S.C. 17791(a).

803 ........................................... 42 U.S.C. 17793.

804 ........................................... 42 U.S.C. 17794.

805 ........................................... 42 U.S.C. 17795.

902 ........................................... 42 U.S.C. 17801.

1002(a) .................................... 42 U.S.C. 17811(a).

1003(a) .................................... 42 U.S.C. 17812(a).

1102(b) .................................... 42 U.S.C. 17821(b).

1103 ......................................... 42 U.S.C. 17822.

1104 ......................................... 42 U.S.C. 17823.

1107 ......................................... 42 U.S.C. 17824.

1109(c) .................................... 42 U.S.C. 17825(c).

1112 ......................................... 42 U.S.C. 17827.

1116 ......................................... 42 U.S.C. 17828.

1117 ......................................... 42 U.S.C. 17829.

Science Appropriations Act, 2009 (Public Law 111–8, div. B, title III ........... (3d proviso in par. under 

heading ‘‘Cross Agency 

Support’’, at 123 Stat. 589).

42 U.S.C. 16611b note.

Passed the House of Representatives January 13, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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