IB 

House Calendar No. 127 

111TH CONGRESS 

1ST SESSION H. R. 3237 

[Report No. 111–325] 

To enact certain laws relating to national and commercial space programs 

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2009 

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

bill; which was referred to the Committee on the Judiciary 

NOVEMBER 2, 2009 

Referred to the House Calendar and ordered to be printed 

A BILL 

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 Representatives of the United 

2 States of America in Congress assembled, 

3 SECTION 1. TABLE OF CONTENTS. 

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

Sec. 1. Table of contents. 

Sec. 2. Purpose; conformity with original intent. 

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

Sec. 4. Conforming amendments to other laws. 

Sec. 5. Transitional and savings provisions. 

Sec. 6. Repeals. 


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

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

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

4 of the United States Code. 

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

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

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

8 corrections as will remove ambiguities, contradictions, and other imperfec9 tions, in accordance with section 205(c)(1) of House Resolution No. 988, 

10 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 

11 285b(1)). 

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

13 Title 51, United States Code, ‘‘National and Commercial Space Pro14 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 

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 


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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. 

20102. Congressional declaration of policy and purpose. 

20103. Definitions. 

SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES 

20111. National Aeronautics and Space Administration. 

20112. Functions of the Administration. 

20113. Powers of the Administration in performance of functions. 

20114. Administration and Department of Defense coordination. 

20115. International cooperation. 

20116. Reports to Congress. 

20117. Disposal of excess land. 

SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

20131. Public access to information. 


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20132. Security requirements. 

20133. Permission to carry firearms. 

20134. Arrest authority. 

20135. Property rights in inventions. 

20136. Contributions awards. 

20137. Malpractice and negligence suits against United States. 

20138. Insurance and indemnification. 

20139. Insurance for experimental aerospace vehicles. 

20140. Appropriations. 

20141. Misuse of agency name and initials. 

20142. Contracts regarding expendable launch vehicles. 

20143. Full cost appropriations account structure. 

20144. Prize authority. 

20145. 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 

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

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

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

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

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

26 space. 


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

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

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

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

7 and efficiency of aeronautical and space vehicles. 

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

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

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

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

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

15 aeronautical and space science and technology and in the application 

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

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

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

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

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

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

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

25 application of the results thereof. 

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

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

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

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

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

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

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

40 by such systems. 


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1 (f) BIOENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRATION

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

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

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

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

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

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

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

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

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

15 § 20103. Definitions 

16 In this chapter: 

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

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

20 and outside the Earth’s atmosphere; 

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

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

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

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

27 of space. 

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

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

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

32 SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND 

33 SPACE ACTIVITIES 

34 § 20111. National Aeronautics and Space Administration 

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

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

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

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


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

2 personnel and activities thereof. 

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

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

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

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

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

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

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

13 § 20112. Functions of the Administration 

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

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

16 of this chapter, shall— 

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

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

19 scientific measurements and observations to be made through use of 

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

21 of such measurements and observations; 

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

23 of information concerning its activities and the results thereof; 

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

25 commercial use of space; and 

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

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

30 (1) GROUND PROPULSION TECHNOLOGIES.—The Administration 

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

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

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

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

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

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

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


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1 § 20113. Powers of the Administration in performance of 

2 functions 

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

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

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

6 exercise of the powers vested in it by law. 

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

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

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

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

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

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

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

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

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

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

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

19 and 

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

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

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

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

25 the General Schedule, and fix their compensation accordingly. 

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

27 is authorized— 

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

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

34 deems necessary within and outside the continental United States; 

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

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

38 years without regard to section 8141 of title 40; 

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

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

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

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

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

6 its installations and purchase and maintain equipment therefor. 

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

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

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

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

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

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

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

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

18 To the maximum extent practicable and consistent with the accomplishment 

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

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

21 enable small-business concerns to participate equitably and proportionately 

22 in the conduct of the work of the Administration. 

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

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

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

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

29 the Federal Government shall cooperate fully with the Administration in 

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

33 Administration, without reimbursement, aeronautical and space vehicles, 

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

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

37 Administration is authorized to appoint such advisory committees as may 

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

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

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

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

4 and organizations. 

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

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

9 rate payable under section 5376 of title 5. 

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

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

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

15 (k) CONCESSIONS FOR VISITORS’ FACILITIES.— 

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

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

19 appropriate and necessary to protect the concessioner against loss of 

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

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

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

25 to the dissemination of information concerning its activities to such 

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

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

29 to its installations). 

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

31 concession agreement under this subsection may be negotiated with any 

32 qualified proposer following due consideration of all proposals received 

33 after reasonable public notice of the intention to contract. 

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

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

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

39 to the United States. 

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


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

2 Administration and the Comptroller General of the United States for 

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

4 records relate. 

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

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

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

8 or improvement the concessioner constructs or locates upon land owned 

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

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

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

14 compensation. 

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

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

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

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

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

21 in the Department of Defense. 

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

23 functions, the Administration is authorized— 

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

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

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

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

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

31 claim arises; and 

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

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

35 § 20114. Administration and Department of Defense coordi36 nation 

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

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

39 all matters within their respective jurisdictions related to aeronautical and 

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

41 respect to such activities. 


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

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

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

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

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

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

10 § 20115. International cooperation 

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

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

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

15 of the Senate. 

16 § 20116. Reports to Congress 

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

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

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

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

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

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

24 section 20102(d) of this title. 

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

26 made under this section shall contain such recommendations for additional 

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

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

29 of this title. 

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

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

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

33 authorization given by, the President. 

34 § 20117. Disposal of excess land 

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

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

39 Administration, unless— 

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

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1 resentatives and the President and the Committee on Commerce, 

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

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

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

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

8 committee has no objection to the proposed action. 

9 SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

10 § 20131. Public access to information 

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

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

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

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

16 (3) described in subsection (b). 

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

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

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

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

23 5. 

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

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

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

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

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

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

32 withholding of information by the Administrator from the duly authorized 

33 committees of Congress. 

34 § 20132. Security requirements 

35 The Administrator shall establish such security requirements, restrictions, 

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

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

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

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

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

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


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

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

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

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

6 § 20133. Permission to carry firearms 

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

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

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

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

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

16 § 20134. Arrest authority 

17 Under regulations prescribed by the Administrator and approved by the 

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

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

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

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

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

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

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

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

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

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

28 owned by or contracted to the Administration. 

29 § 20135. Property rights in inventions 

30 (a) DEFINITIONS.—In this section: 

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

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

34 or entered into thereunder. 

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

37 invention. 

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

39 corporation, association, institution, or other entity. 

40 (b) EXCLUSIVE PROPERTY OF UNITED STATES.— 


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

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

3 contract of the Administration, and the Administrator determines 

4 that— 

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

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

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

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

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

13 employees during working hours; or 

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

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

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

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

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

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

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

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

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

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

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

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

29 shall contain effective provisions under which the party shall furnish 

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

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

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

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

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

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

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

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

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

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

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

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

4 the Administrator. 

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

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

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

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

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

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

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

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

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

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

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

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

21 Appeals and Interferences in other proceedings. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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1 Administrator stating that the Administrator had no objection to the 

2 issuance of the patent to the applicant. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29 use. 

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

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

32 17 of title 35. 

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

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

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

36 title 35. 

37 (k) USE OR MANUFACTURE OF PATENTED INVENTIONS INCORPORATED

38 IN SPACE VEHICLES LAUNCHED FOR PERSONS OTHER THAN UNITED

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

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

41 other than the United States shall not be considered to be a use or manuVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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

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

4 § 20136. Contributions awards 

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

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

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

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

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

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

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

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

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

21 the applicant for the development of the contribution; 

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

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

25 contribution by the United States; and 

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

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

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

31 amounts the Administrator determines to be equitable. 

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

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

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

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

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

39 or at any other place. 

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


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

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

5 § 20137. Malpractice and negligence suits against United 

6 States 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40 and all references thereto. Should a district court of the United States de41 termine, on a hearing on a motion to remand held before a trial on the merVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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

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

3 case shall be remanded to the State court. 

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

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

7 same effect. 

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

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

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

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

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

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

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

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

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

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

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

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

25 for such damage or injury. 

26 § 20138. Insurance and indemnification 

27 (a) DEFINITIONS.—In this section: 

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

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

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

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

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

34 of or damage to property. 

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23 its election, of that suit or claim. 

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

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

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

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

29 from funds available for research and development not otherwise obligated 

30 or from funds appropriated for such payments. 

31 § 20139. Insurance for experimental aerospace vehicles 

32 (a) DEFINITIONS.—In this section: 

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

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

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

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

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

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


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

2 vehicle; or 

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

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

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

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

8 agreement between the Administration and a developer. 

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

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

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

15 and the developer. 

16 (c) TERMS AND CONDITIONS.— 

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

18 insurance and indemnification provided by the Administration under 

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

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

22 (2) INSURANCE.— 

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

24 or demonstrate financial responsibility in amounts to compensate 

25 for the maximum probable loss from claims by— 

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

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

31 Government property resulting from such an activity. 

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

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

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

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

38 Register within 10 days after making the determination. 

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

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

41 this title for the purpose of applying that section under this secVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 tion to a developer after consultation with the Comptroller General 

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

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

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

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

8 any meetings in which the Administration participated, regarding 

9 the proposed increase. 

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

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

15 development of the experimental aerospace vehicle. 

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

19 there is an agreement between the Administration and the developer 

20 described in subsection (d). 

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

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

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

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

26 of section 50915 of this title. 

27 (d) CROSS-WAIVERS.— 

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

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

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

37 or use of the experimental aerospace vehicle. 

38 (2) LIMITATIONS.— 

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

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

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


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

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

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

5 of the waiver. 

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

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

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

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

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

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

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

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

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

21 aerospace vehicle. 

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

26 misconduct. 

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

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

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

30 (e) RELATIONSHIP TO OTHER LAWS.— 

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

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

33 (2) SECTION 50919(g)(1).—The Administrator may not provide indem34 nification to a developer under this section for launches subject to li35 cense under section 50919(g)(1) of this title. 

36 (f) TERMINATION.— 

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

38 December 31, 2010. 

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

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

41 agreement, insurance agreement, indemnification agreement, or other 


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

2 in that agreement. 

3 § 20140. Appropriations 

4 (a) AUTHORIZATION.— 

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

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

8 for— 

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

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

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

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

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

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

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

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

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

20 the construction of new facilities. 

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

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

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

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

26 § 20141. Misuse of agency name and initials 

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

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

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

31 with other words or letters— 

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

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

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

35 does not, in fact, exist; or 

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

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

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

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

41 exist. 


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

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

5 States to enjoin such act or practice. 

6 § 20142. Contracts regarding expendable launch vehicles 

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

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

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

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

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

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

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

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

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

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

22 from appropriations originally available for performance of the contract, 

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

25 § 20143. Full cost appropriations account structure 

26 (a) ACCOUNTS FOR APPROPRIATIONS.— 

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

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

31 the Inspector General. 

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

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

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

36 Space Operations may be reprogrammed for Exploration Systems. This 

37 paragraph shall not apply to reprogramming for the purposes described 

38 in subsection (b)(2). 

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

41 the planned full costs of Administration activities. 


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1 (b) TRANSFERS AMONG ACCOUNTS.— 

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

4 among accounts as necessary, amounts for— 

5 (A) Federal salaries and benefits; 

6 (B) training, travel, and awards; 

7 (C) facility and related costs; 

8 (D) information technology services; 

9 (E) publishing services; 

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

11 (G) other administrative services. 

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

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

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

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

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

20 prior appropriations to the Administration for activities authorized under 

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

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

24 fund under the same terms and conditions. 

25 § 20144. Prize authority 

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

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

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

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

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

34 may empanel advisory committees. The Administrator shall give consider35 ation to prize goals such as the demonstration of the ability to provide en36 ergy to the lunar surface from space-based solar power systems, demonstra37 tion of innovative near-Earth object survey and deflection strategies, and in38 novative approaches to improving the safety and efficiency of aviation sys39 tems. 

40 (c) ADVERTISING.—The Administrator shall widely advertise prize com41 petitions to encourage participation. 


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

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

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

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

5 will be selected. 

6 (e) ELIGIBILITY.—To be eligible to win a prize under this section, an in7 dividual or entity— 

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

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

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

11 (3) in the case of a private entity, shall be incorporated in and main12 tain a primary place of business in the United States, and in the case 

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

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

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

16 the scope of their employment. 

17 (f) LIABILITY.— 

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

19 assume any and all risks and waive claims against the Federal Govern20 ment and its related entities, except in the case of willful misconduct, 

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

22 whether direct, indirect, or consequential, arising from their participa23 tion in a competition, whether such injury, death, damage, or loss 

24 arises through negligence or otherwise. For the purposes of this para25 graph, the term ‘‘related entity’’ means a contractor or subcontractor 

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

27 investigator, or detailee. 

28 (2) LIABILITY INSURANCE.—Participants must obtain liability insur29 ance or demonstrate financial responsibility, in amounts determined by 

30 the Administrator, for claims by— 

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

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

33 participation in a competition, with the Federal Government 

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

35 insurance policy and registered participants agreeing to indemnify 

36 the Federal Government against third party claims for damages 

37 arising from or related to competition activities; and 

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

39 property resulting from such an activity. 

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

41 through an agreement under subsection (h), shall assemble a panel of qualiVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 fied judges to select the winner or winners of the prize competition on the 

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

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

4 private sector. A judge may not— 

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

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

7 competition; or 

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

9 is a registered participant. 

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

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

12 competition, subject to the provisions of this section. 

13 (i) FUNDING.— 

14 (1) SOURCES.—Prizes under this section may consist of Federal ap15 propriated funds and funds provided by the private sector for such cash 

16 prizes. The Administrator may accept funds from other Federal agen17 cies for such cash prizes. The Administrator may not give any special 

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

19 (2) AVAILABILITY.— 

20 (A) DEFINITION OF PROVISIONS KNOWN AS THE ANTI-DEFI21 CIENCY ACT.—In this paragraph, the term ‘‘provisions known as 

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

23 1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, 

24 and 1519 of title 31. 

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

26 funds appropriated for prize awards under this section shall re27 main available until expended, and may be transferred, repro28 grammed, or expended for other purposes only after the expiration 

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

30 originally appropriated. No provision in this section permits obli31 gation or payment of funds in violation of the provisions known 

32 as the Anti-Deficiency Act. 

33 (3) APPROPRIATION OR COMMITMENT OF FUNDS REQUIRED BEFORE

34 ANNOUNCEMENT OF PRIZE OR INCREASE.— 

35 (A) IN GENERAL.—No prize may be announced under sub36 section (d) until all the funds needed to pay out the announced 

37 amount of the prize have been appropriated or committed in writ38 ing by a private source. 

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

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

41 if— 


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

2 as the initial notice of the prize; and 

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

4 the increase have been appropriated or committed in writing 

5 by a private source. 

6 (4) NOTICE TO COMMITTEES FOR PRIZE GREATER THAN

7 $50,000,000.—No prize competition under this section may offer a prize 

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

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

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

11 Commerce, Science, and Transportation of the Senate. 

12 (5) APPROVAL OF ADMINISTRATOR FOR PRIZE GREATER THAN

13 $1,000,000.—No prize competition under this section may result in the 

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

15 the Administrator. 

16 (j) USE OF ADMINISTRATION NAME OR INSIGNIA.—A registered partici17 pant in a competition under this section may use the Administration’s 

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

19 the Administration. 

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

21 not, by virtue of offering or providing a prize under this section, be respon22 sible for compliance by registered participants in a prize competition with 

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

24 and related regulations. 

25 § 20145. Lease of non-excess property 

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

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

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

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

30 the jurisdiction of the Administrator. 

31 (b) CASH CONSIDERATION.— 

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

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

34 market value as determined by the Administrator. 

35 (2) UTILIZATION.— 

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

37 cash consideration received under this subsection for a lease en38 tered into under this section to cover the full costs to the Adminis39 tration in connection with the lease. These funds shall remain 

40 available until expended. 


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

2 amounts of cash consideration received under this subsection that 

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

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

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

6 maintenance, capital revitalization, and improvements of the 

7 real property assets and related personal property under the 

8 jurisdiction of the Administrator, and shall remain available 

9 until expended; and 

10 (ii) the remaining 65 percent shall be available to the re11 spective center or facility of the Administration engaged in 

12 the lease of nonexcess real property, and shall remain avail13 able until expended for maintenance, capital revitalization, 

14 and improvements of the real property assets and related per15 sonal property at the respective center or facility subject to 

16 the concurrence of the Administrator. 

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

18 utilized under subparagraph (B) may not be utilized for daily op19 erating costs. 

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

23 the United States. 

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

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

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

27 (e) LEASE RESTRICTIONS.— 

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

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

30 term of the out-lease or enter into other contracts with the lessee re31 specting the property. 

32 (2) CERTIFICATION THAT OUT-LEASE WILL NOT HAVE NEGATIVE IM33 PACT ON MISSION.—The Administration is not authorized to enter into 

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

35 the out-lease will not have a negative impact on the mission of the Ad36 ministration. 

37 (f) REPORTING REQUIREMENTS.—The Administrator shall submit an an38 nual report by January 31st of each year. The report shall include the fol39 lowing: 


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1 (1) VALUE OF ARRANGEMENTS AND EXPENDITURES OF REVE2 NUES.—Information that identifies and quantifies the value of the ar3 rangements and expenditures of revenues received under this section. 

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

5 availability and use of funds received under this section for the Admin6 istration’s operating plan. 

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

8 expire 10 years after December 26, 2007. The expiration under this sub9 section of authority to enter into leases under this section shall not affect 

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

11 from leases entered into under this section before the expiration of the au12 thority. 

13 § 20146. Retrocession of jurisdiction 

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

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

16 Rico, the United States Virgin Islands, Guam, American Samoa, the North17 ern Mariana Islands, and any other commonwealth, territory, or possession 

18 of the United States. 

19 (b) RELINQUISHING LEGISLATIVE JURISDICTION.—Notwithstanding any 

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

21 part of the legislative jurisdiction of the United States over lands or inter22 ests under the control of the Administrator in that State. 

23 § 20147. Recovery and disposition authority 

24 (a) DEFINITIONS.—In this section: 

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

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

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

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

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

30 (C) is either— 

31 (i) owned by the Administration; or 

32 (ii) owned by an Administration contractor or cooperating 

33 party and operated as part of an Administration mission or 

34 a joint mission with the Administration. 

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

36 or other person assigned to an Administration human space flight vehi37 cle. 

38 (b) CONTROL OF REMAINS.— 

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

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

41 Administration human space flight vehicle, the Administrator may take 


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

2 other scientific or medical tests. 

3 (2) TREATMENT.—Each crewmember shall provide the Adminis4 trator with the crewmember’s preferences regarding the treatment ac5 corded to the crewmember’s remains and the Administrator shall, to 

6 the extent possible, respect those stated preferences. 

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

8 the Administrator to interfere with any Federal investigation of a mis9 hap or accident. 

10 SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 

11 § 20161. Congressional declaration of purpose and policy 

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

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

14 research, technology, and monitoring of the phenomena of the upper atmos15 phere so as to provide for an understanding of and to maintain the chemical 

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

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

18 to undertake an immediate and appropriate research, technology, and moni19 toring program that will provide for understanding the physics and chem20 istry of the Earth’s upper atmosphere. 

21 § 20162. Definition of upper atmosphere 

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

23 the Earth’s sensible atmosphere above the troposphere. 

24 § 20163. Program authorized 

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

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

27 and carry out a program of research, technology, monitoring, and other ap28 propriate activities directed to understand the physics and chemistry of the 

29 upper atmosphere. 

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

31 Administration shall— 

32 (1) arrange for participation by the scientific and engineering com33 munity, of both the Nation’s industrial organizations and institutions 

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

35 in developing necessary technology, and in making necessary observa36 tions and measurements; 

37 (2) provide, by way of grant, contract, scholarships, or other ar38 rangements, to the maximum extent practicable and consistent with 

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

40 the scientific and engineering community in the program authorized by 

41 this subchapter; and 


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

2 available to the appropriate regulatory agencies and provide for the 

3 widest practicable dissemination of such results. 

4 § 20164. International cooperation 

5 In carrying out the provisions of this subchapter, the Administration, sub6 ject to the direction of the President and after consultation with the Sec7 retary of State, shall make every effort to enlist the support and cooperation 

8 of appropriate scientists and engineers of other countries and international 

9 organizations. 

10 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. 

11 § 20301. General responsibilities 

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

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

14 programs in— 

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

16 title; 

17 (2) aeronautics research and development; and 

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

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

20 their moons, and to deepen understanding of astronomy, astro21 physics, and other areas of science that can be productively stud22 ied from space; 

23 (B) Earth science research and research on the Sun-Earth con24 nection through the development and operation of research sat25 ellites and other means; 

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

27 science, and microgravity science; and 

28 (D) research on microgravity, including research that is not di29 rectly related to human exploration. 

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

31 of the Administration, the Administrator shall— 

32 (1) consult and coordinate to the extent appropriate with other rel33 evant Federal agencies, including through the National Science and 

34 Technology Council; 

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


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

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

3 (B) contracting with the private sector for crew and cargo serv4 ices, including to the International Space Station, to the extent 

5 practicable; 

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

7 and services to the extent practicable to support all Administration 

8 activities; and 

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

10 the greatest extent practicable; and 

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

12 § 20302. Vision for space exploration 

13 (a) IN GENERAL.—The Administrator shall establish a program to de14 velop a sustained human presence on the Moon, including a robust pre15 cursor program, to promote exploration, science, commerce, and United 

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

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

18 develop and conduct appropriate international collaborations in pursuit of 

19 these goals. 

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

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

22 section 70502 of this title): 

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

24 (2) Launching the Crew Exploration Vehicle as close to 2010 as pos25 sible. 

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

27 space on the human body using the most appropriate facilities avail28 able, including the International Space Station. 

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

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

31 § 20303. Contribution to innovation 

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

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

34 and economic competitiveness through near-term and long-term basic sci35 entific research and development and the promotion of science, technology, 

36 engineering, and mathematics education, consistent with the Administra37 tion’s mission, including authorized activities. 

38 (b) HISTORIC FOUNDATION.—In order to carry out the participation de39 scribed in subsection (a), the Administrator shall build on the historic role 

40 of the Administration in stimulating excellence in the advancement of phys41 ical science and engineering disciplines and in providing opportunities and 


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1 incentives for the pursuit of academic studies in science, technology, engi2 neering, and mathematics. 

3 (c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION LEV4 ELS.—The balanced science program authorized by section 101(d) of the 

5 National Aeronautics and Space Administration Authorization Act of 2005 

6 (42 U.S.C. 16611(d)) shall be an element of the contribution by the Admin7 istration to the interagency programs. 

8 (d) ANNUAL REPORT.— 

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

10 and the President an annual report describing the activities conducted 

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

12 objective metrics upon which funding decisions were made. 

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

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

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

16 (A) A description of each program. 

17 (B) The amount spent on each program. 

18 (C) The number of students or teachers served by each pro19 gram. 

20 § 20304. Basic research enhancement 

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

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

23 Budget Circular No. A–11. 

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

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

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

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

28 mathematics. 

29 § 20305. National Academies decadal surveys 

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

31 periodic basis with the National Academies for independent assessments, 

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

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

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

35 decade. 

36 (b) INDEPENDENT COST ESTIMATES.—The agreements described in sub37 section (a) shall include independent estimates of the life cycle costs and 

38 technical readiness of missions assessed in the decadal surveys whenever 

39 possible. 

40 (c) REEXAMINATION.—The Administrator shall request that each Na41 tional Academies decadal survey committee identify any conditions or 


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1 events, such as significant cost growth or scientific or technological ad2 vances, that would warrant the Administration asking the National Acad3 emies to reexamine the priorities that the decadal survey had established. 

4 Subtitle III—Administrative Provisions 

5 CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 

6 ACCOUNTING 

Sec. 

30101. Prior authorization of appropriations required. 

30102. Working capital fund. 

30103. Budgets. 

30104. Baselines and cost controls. 

7 § 30101. Prior authorization of appropriations required 

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

9 be made to the Administration unless previously authorized by legislation 

10 enacted by Congress. 

11 § 30102. Working capital fund 

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

13 Treasury an Administration working capital fund. 

14 (b) AVAILABILITY OF AMOUNTS.— 

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

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

17 by law to be provided— 

18 (A) within the Administration; 

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

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

21 thereof; 

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

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

24 institution on a reimbursable basis. 

25 (2) CAPITAL REPAIRS.—The fund shall also be available for the pur26 pose of funding capital repairs, renovations, rehabilitation, 

27 sustainment, demolition, or replacement of Administration real prop28 erty, on a reimbursable basis within the Administration. 

29 (3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are avail30 able without regard to fiscal year limitation. 

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

32 (1) amounts appropriated to the fund; 

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

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

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

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


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

2 supplies and services at rates that will approximate the expenses of oper3 ation, such as the accrual of annual leave, depreciation of plant, property, 

4 and equipment, and overhead. 

5 § 30103. Budgets 

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

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

8 showing— 

9 (1) by program— 

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

11 Space Station and the space shuttle; 

12 (B) the budget for exploration systems; 

13 (C) the budget for aeronautics; 

14 (D) the budget for space science; 

15 (E) the budget for Earth science; 

16 (F) the budget for microgravity science; 

17 (G) the budget for education; 

18 (H) the budget for safety oversight; and 

19 (I) the budget for public relations; 

20 (2) the budget for technology transfer programs; 

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

22 by individual element; 

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

24 and by center; 

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

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

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

28 each item in the proposed budget. 

29 (b) ADDITIONAL BUDGET INFORMATION UPON REQUEST BY COMMIT30 TEES.—The Administration shall make available, upon request from the 

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

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

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

34 costs and service pool costs, including— 

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

36 for any fiscal year for which the President has submitted an an37 nual budget request to Congress; 

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

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

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


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

2 funds, by appropriations account— 

3 (A) that remained at the end of the fiscal year prior to the fis4 cal year in which the budget is being presented that were carried 

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

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

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

8 carried over into the fiscal year for which the budget is being pre9 sented; and 

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

11 for which the budget is being presented. 

12 (c) INFORMATION IN ANNUAL BUDGET JUSTIFICATION.—The Adminis13 tration shall provide, at a minimum, the following information in its annual 

14 budget justification: 

15 (1) The actual, current, proposed funding level, and estimated budg16 ets for the next 5 fiscal years by directorate, theme, program, project 

17 and activity within each appropriations account. 

18 (2) The proposed programmatic and non-programmatic construction 

19 of facilities. 

20 (3) The budget for headquarters including— 

21 (A) the budget by office, and any division thereof, for the ac22 tual, current, proposed funding level, and estimated budgets for 

23 the next 5 fiscal years; 

24 (B) the travel budget for each office, and any division thereof, 

25 for the actual, current, and proposed funding level; and 

26 (C) the civil service full time equivalent assignments per head27 quarters office, and any division thereof, including the number of 

28 Senior Executive Service, noncareer, detailee, and contract per29 sonnel per office. 

30 (4) Within 14 days of the submission of the budget to Congress an 

31 accompanying volume shall be provided to the Committees on Appro32 priations containing the following information for each center, facility 

33 managed by any center, and federally funded research and development 

34 center operated on behalf of the Administration: 

35 (A) The actual, current, proposed funding level, and estimated 

36 budgets for the next 5 fiscal years by directorate, theme, program, 

37 project, and activity. 

38 (B) The proposed programmatic and non-programmatic con39 struction of facilities. 

40 (C) The number of civil service full time equivalent positions per 

41 center for each identified fiscal year. 


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1 (D) The number of civil service full time equivalent positions 

2 considered to be uncovered capacity at each location for each iden3 tified fiscal year. 

4 (5) The proposed budget as designated by object class for each direc5 torate, theme, and program. 

6 (6) Sufficient narrative shall be provided to explain the request for 

7 each program, project, and activity, and an explanation for any devi8 ation to previously adopted baselines for all justification materials pro9 vided to the Committees. 

10 (d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS RE11 LATED TO LEASE OF PROPERTY.—Each annual budget request shall include 

12 an annual estimate of gross receipts and collections and proposed use of all 

13 funds collected pursuant to section 20145 of this title. 

14 § 30104. Baselines and cost controls 

15 (a) DEFINITIONS.—In this section: 

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

17 a program following the formulation phase and beginning with the ap18 proval to proceed to implementation, as defined in the Administration’s 

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

20 (2) DEVELOPMENT COST.—The term ‘‘development cost’’ means the 

21 total of all costs, including construction of facilities and civil servant 

22 costs, from the period beginning with the approval to proceed to imple23 mentation through the achievement of operational readiness, without 

24 regard to funding source or management control, for the life of the pro25 gram. 

26 (3) LIFE-CYCLE COST.—The term ‘‘life-cycle cost’’ means the total 

27 of the direct, indirect, recurring, and nonrecurring costs, including the 

28 construction of facilities and civil servant costs, and other related ex29 penses incurred or estimated to be incurred in the design, development, 

30 verification, production, operation, maintenance, support, and retire31 ment of a program over its planned lifespan, without regard to funding 

32 source or management control. 

33 (4) MAJOR PROGRAM.—The term ‘‘major program’’ means an activ34 ity approved to proceed to implementation that has an estimated life35 cycle cost of more than $250,000,000. 

36 (b) CONDITIONS FOR DEVELOPMENT.— 

37 (1) IN GENERAL.—The Administration shall not enter into a con38 tract for the development of a major program unless the Administrator 

39 determines that— 


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1 (A) the technical, cost, and schedule risks of the program are 

2 clearly identified and the program has developed a plan to manage 

3 those risks; 

4 (B) the technologies required for the program have been dem5 onstrated in a relevant laboratory or test environment; and 

6 (C) the program complies with all relevant policies, regulations, 

7 and directives of the Administration. 

8 (2) REPORT.—The Administrator shall transmit a report describing 

9 the basis for the determination required under paragraph (1) to the 

10 Committee on Science and Technology of the House of Representatives 

11 and the Committee on Commerce, Science, and Transportation of the 

12 Senate at least 30 days before entering into a contract for development 

13 under a major program. 

14 (3) NONDELEGATION.—The Administrator may not delegate the de15 termination requirement under this subsection, except in cases in which 

16 the Administrator has a conflict of interest. 

17 (c) MAJOR PROGRAM ANNUAL REPORTS.— 

18 (1) REQUIREMENT.—Annually, at the same time as the President’s 

19 annual budget submission to Congress, the Administrator shall trans20 mit to the Committee on Science and Technology of the House of Rep21 resentatives and the Committee on Commerce, Science, and Transpor22 tation of the Senate a report that includes the information required by 

23 this section for each major program for which the Administration pro24 poses to expend funds in the subsequent fiscal year. Reports under this 

25 paragraph shall be known as Major Program Annual Reports. 

26 (2) BASELINE REPORT.—The first Major Program Annual Report 

27 for each major program shall include a Baseline Report that shall, at 

28 a minimum, include— 

29 (A) the purposes of the program and key technical characteris30 tics necessary to fulfill those purposes; 

31 (B) an estimate of the life-cycle cost for the program, with a 

32 detailed breakout of the development cost, program reserves, and 

33 an estimate of the annual costs until development is completed; 

34 (C) the schedule for development, including key program mile35 stones; 

36 (D) the plan for mitigating technical, cost, and schedule risks 

37 identified in accordance with subsection (b)(1)(A); and 

38 (E) the name of the person responsible for making notifications 

39 under subsection (d), who shall be an individual whose primary re40 sponsibility is overseeing the program. 


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1 (3) INFORMATION UPDATES.—For major programs for which a 

2 Baseline Report has been submitted, each subsequent Major Program 

3 Annual Report shall describe any changes to the information that had 

4 been provided in the Baseline Report, and the reasons for those 

5 changes. 

6 (d) NOTIFICATION.— 

7 (1) REQUIREMENT.—The individual identified under subsection 

8 (c)(2)(E) shall immediately notify the Administrator any time that in9 dividual has reasonable cause to believe that, for the major program 

10 for which he or she is responsible— 

11 (A) the development cost of the program is likely to exceed the 

12 estimate provided in the Baseline Report of the program by 15 

13 percent or more; or 

14 (B) a milestone of the program is likely to be delayed by 6 

15 months or more from the date provided for it in the Baseline Re16 port of the program. 

17 (2) REASONS.—Not later than 30 days after the notification required 

18 under paragraph (1), the individual identified under subsection 

19 (c)(2)(E) shall transmit to the Administrator a written notification ex20 plaining the reasons for the change in the cost or milestone of the pro21 gram for which notification was provided under paragraph (1). 

22 (3) NOTIFICATION OF CONGRESS.—Not later than 15 days after the 

23 Administrator receives a written notification under paragraph (2), the 

24 Administrator shall transmit the notification to the Committee on 

25 Science and Technology of the House of Representatives and the Com26 mittee on Commerce, Science, and Transportation of the Senate. 

27 (e) FIFTEEN PERCENT THRESHOLD.— 

28 (1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.—Not 

29 later than 30 days after receiving a written notification under sub30 section (d)(2), the Administrator shall determine whether the develop31 ment cost of the program is likely to exceed the estimate provided in 

32 the Baseline Report of the program by 15 percent or more, or whether 

33 a milestone is likely to be delayed by 6 months or more. If the deter34 mination is affirmative, the Administrator shall— 

35 (A) transmit to the Committee on Science and Technology of 

36 the House of Representatives and the Committee on Commerce, 

37 Science, and Transportation of the Senate, not later than 15 days 

38 after making the determination, a report that includes— 

39 (i) a description of the increase in cost or delay in schedule 

40 and a detailed explanation for the increase or delay; 


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1 (ii) a description of actions taken or proposed to be taken 

2 in response to the cost increase or delay; and 

3 (iii) a description of any impacts the cost increase or sched4 ule delay, or the actions described under clause (ii), will have 

5 on any other program within the Administration; and 

6 (B) if the Administrator intends to continue with the program, 

7 promptly initiate an analysis of the program, which shall include, 

8 at a minimum— 

9 (i) the projected cost and schedule for completing the pro10 gram if current requirements of the program are not modi11 fied; 

12 (ii) the projected cost and the schedule for completing the 

13 program after instituting the actions described under sub14 paragraph (A)(ii); and 

15 (iii) a description of, and the projected cost and schedule 

16 for, a broad range of alternatives to the program. 

17 (2) COMPLETION OF ANALYSIS AND TRANSMITTAL TO COMMIT18 TEES.—The Administration shall complete an analysis initiated under 

19 paragraph (1)(B) not later than 6 months after the Administrator 

20 makes a determination under this subsection. The Administrator shall 

21 transmit the analysis to the Committee on Science and Technology of 

22 the House of Representatives and Committee on Commerce, Science, 

23 and Transportation of the Senate not later than 30 days after its com24 pletion. 

25 (f) THIRTY PERCENT THRESHOLD.—If the Administrator determines 

26 under subsection (e) that the development cost of a program will exceed the 

27 estimate provided in the Baseline Report of the program by more than 30 

28 percent, then, beginning 18 months after the date the Administrator trans29 mits a report under subsection (e)(1)(A), the Administrator shall not expend 

30 any additional funds on the program, other than termination costs, unless 

31 Congress has subsequently authorized continuation of the program by law. 

32 An appropriation for the specific program enacted subsequent to a report 

33 being transmitted shall be considered an authorization for purposes of this 

34 subsection. If the program is continued, the Administrator shall submit a 

35 new Baseline Report for the program no later than 90 days after the date 

36 of enactment of the Act under which Congress has authorized continuation 

37 of the program. 

38 CHAPTER 303—CONTRACTING AND PROCUREMENT 

Sec. 

30301. Guaranteed customer base. 

30302. Quality assurance personnel. 


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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. 

1 § 30301. Guaranteed customer base 

2 No amount appropriated to the Administration may be used to fund 

3 grants, contracts, or other agreements with an expected duration of more 

4 than one year, when a primary effect of the grant, contract, or agreement 

5 is to provide a guaranteed customer base for or establish an anchor tenancy 

6 in new commercial space hardware or services unless an appropriations Act 

7 specifies the new commercial space hardware or services to be developed or 

8 used, or the grant, contract, or agreement is otherwise identified in such 

9 Act. 

10 § 30302. Quality assurance personnel 

11 (a) EXCLUSION OF ADMINISTRATION PERSONNEL.—A person providing 

12 articles to the Administration under a contract entered into after December 

13 9, 1991, may not exclude Administration quality assurance personnel from 

14 work sites except as provided in a contract provision that has been sub15 mitted to Congress as provided in subsection (b). 

16 (b) CONTRACT PROVISIONS.—The Administration shall not enter into any 

17 contract which permits the exclusion of Administration quality assurance 

18 personnel from work sites unless the Administrator has submitted a copy 

19 of the provision permitting such exclusion to Congress at least 60 days be20 fore entering into the contract. 

21 § 30303. Tracking and data relay satellite services 

22 (a) CONTRACTS.—The Administration is authorized, when so provided in 

23 an appropriation Act, to enter into and to maintain a contract for tracking 

24 and data relay satellite services. Such services shall be furnished to the Ad25 ministration in accordance with applicable authorization and appropriations 

26 Acts. The Government shall incur no costs under such contract prior to the 

27 furnishing of such services except that the contract may provide for the pay28 ment for contingent liability of the Government which may accrue in the 

29 event the Government should decide for its convenience to terminate the 

30 contract before the end of the period of the contract. Facilities which may 

31 be required in the performance of the contract may be constructed on Gov32 ernment-owned lands if there is included in the contract a provision under 

33 which the Government may acquire title to the facilities, under terms and 

34 conditions agreed upon in the contract, upon termination of the contract. 

35 (b) REPORTS TO CONGRESS.—The Administrator shall in January of 

36 each year report to the Committee on Science and Technology and the ComVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 mittee on Appropriations of the House of Representatives and the Com2 mittee on Commerce, Science, and Transportation and the Committee on 

3 Appropriations of the Senate the projected aggregate contingent liability of 

4 the Government under termination provisions of any contract authorized in 

5 this section through the next fiscal year. The authority of the Administra6 tion to enter into and to maintain the contract authorized hereunder shall 

7 remain in effect unless repealed by legislation enacted by Congress. 

8 § 30304. Award of contracts to small businesses and dis9 advantaged individuals 

10 The Administrator shall annually establish a goal of at least 8 percent 

11 of the total value of prime and subcontracts awarded in support of author12 ized programs, including the space station by the time operational status 

13 is obtained, which funds will be made available to small business concerns 

14 or other organizations owned or controlled by socially and economically dis15 advantaged individuals (within the meaning of paragraphs (5) and (6) of 

16 section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including His17 torically Black Colleges and Universities that are part B institutions (as de18 fined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 

19 1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of 

20 that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as de21 fined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Na22 tive-serving institutions (as defined in section 317(b)(2) of that Act (20 

23 U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in 

24 section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority edu25 cational institutions (as defined by the Secretary of Education pursuant to 

26 the General Education Provisions Act (20 U.S.C. 1221 et seq.)). 

27 § 30305. Outreach program 

28 (a) ESTABLISHMENT.—The Administration shall competitively select an 

29 organization to partner with Administration centers, aerospace contractors, 

30 and academic institutions to carry out a program to help promote the com31 petitiveness of small, minority-owned, and women-owned businesses in com32 munities across the United States through enhanced insight into the tech33 nologies of the Administration’s space and aeronautics programs. The pro34 gram shall support the mission of the Administration’s Innovative Partner35 ships Program with its emphasis on joint partnerships with industry, aca36 demia, government agencies, and national laboratories. 

37 (b) PROGRAM STRUCTURE.—In carrying out the program described in 

38 subsection (a), the organization shall support the mission of the Administra39 tion’s Innovative Partnerships Program by undertaking the following activi40 ties: 


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1 (1) FACILITATING ENHANCED INSIGHT.—Facilitating the enhanced 

2 insight of the private sector into the Administration’s technologies in 

3 order to increase the competitiveness of the private sector in producing 

4 viable commercial products. 

5 (2) CREATING NETWORK.—Creating a network of academic institu6 tions, aerospace contractors, and Administration centers that will com7 mit to donating appropriate technical assistance to small businesses, 

8 giving preference to socially and economically disadvantaged small busi9 ness concerns, small business concerns owned and controlled by service10 disabled veterans, and HUBZone small business concerns. This para11 graph shall not apply to any contracting actions entered into or taken 

12 by the Administration. 

13 (3) CREATING NETWORK OF ECONOMIC DEVELOPMENT ORGANIZA14 TIONS.—Creating a network of economic development organizations to 

15 increase the awareness and enhance the effectiveness of the program 

16 nationwide. 

17 (c) REPORT.—Not later than one year after October 15, 2008, and annu18 ally thereafter, the Administrator shall submit a report to the Committee 

19 on Science and Technology of the House of Representatives and the Com20 mittee on Commerce, Science, and Transportation of the Senate describing 

21 the efforts and accomplishments of the program established under sub22 section (a) in support of the Administration’s Innovative Partnerships Pro23 gram. As part of the report, the Administrator shall provide— 

24 (1) data on the number of small businesses receiving assistance, jobs 

25 created and retained, and volunteer hours donated by the Administra26 tion, contractors, and academic institutions nationwide; 

27 (2) an estimate of the total dollar value of the economic impact made 

28 by small businesses that received technical assistance through the pro29 gram; and 

30 (3) an accounting of the use of funds appropriated for the program. 

31 § 30306. Small business contracting 

32 (a) PLAN.—In consultation with the Small Business Administration, the 

33 Administrator shall develop a plan to maximize the number and amount of 

34 contracts awarded to small business concerns (within the meaning given 

35 that term in section 3 of the Small Business Act (15 U.S.C. 632)) and to 

36 meet established contracting goals for such concerns. 

37 (b) PRIORITY.—The Administrator shall establish as a priority meeting 

38 the contracting goals developed in conjunction with the Small Business Ad39 ministration to maximize the amount of prime contracts, as measured in 

40 dollars, awarded in each fiscal year by the Administration to small business 


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1 concerns (within the meaning given that term in section 3 of the Small 

2 Business Act (15 U.S.C. 632)). 

3 § 30307. Requirement for independent cost analysis 

4 (a) DEFINITION OF IMPLEMENTATION.—In this section, the term ‘‘imple5 mentation’’ means all activity in the life cycle of a project after preliminary 

6 design, independent assessment of the preliminary design, and approval to 

7 proceed into implementation, including critical design, development, certifi8 cation, launch, operations, disposal of assets, and, for technology programs, 

9 development, testing, analysis, and communication of the results. 

10 (b) REQUIREMENT.—Before any funds may be obligated for implementa11 tion of a project that is projected to cost more than $250,000,000 in total 

12 project costs, the Administrator shall conduct and consider an independent 

13 life-cycle cost analysis of the project and shall report the results to Con14 gress. In developing cost accounting and reporting standards for carrying 

15 out this section, the Administrator shall, to the extent practicable and con16 sistent with other laws, solicit the advice of experts outside of the Adminis17 tration. 

18 § 30308. Cost effectiveness calculations 

19 (a) DEFINITIONS.—In this section: 

20 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

21 means any person providing space transportation services or other 

22 space-related activities, the primary control of which is held by persons 

23 other than a Federal, State, local, or foreign government. 

24 (2) STATE.—The term ‘‘State’’ means each of the several States of 

25 the United States, the District of Columbia, the Commonwealth of 

26 Puerto Rico, the Virgin Islands, Guam, American Samoa, the Common27 wealth of the Northern Mariana Islands, and any other commonwealth, 

28 territory, or possession of the United States. 

29 (b) IN GENERAL.—Except as otherwise required by law, in calculating the 

30 cost effectiveness of the cost of the Administration engaging in an activity 

31 as compared to a commercial provider, the Administrator shall compare the 

32 cost of the Administration engaging in the activity using full cost account33 ing principles with the price the commercial provider will charge for such 

34 activity. 

35 § 30309. Use of abandoned and underutilized buildings, 

36 grounds, and facilities 

37 (a) DEFINITION OF DEPRESSED COMMUNITIES.—In this section, the 

38 term ‘‘depressed communities’’ means rural and urban communities that are 

39 relatively depressed, in terms of age of housing, extent of poverty, growth 

40 of per capita income, extent of unemployment, job lag, or surplus labor. 


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1 (b) IN GENERAL.—In any case in which the Administrator considers the 

2 purchase, lease, or expansion of a facility to meet requirements of the Ad3 ministration, the Administrator shall consider whether those requirements 

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

5 (1) Abandoned or underutilized buildings, grounds, and facilities in 

6 depressed communities that can be converted to Administration usage 

7 at a reasonable cost, as determined by the Administrator. 

8 (2) Any military installation that is closed or being closed, or any 

9 facility at such an installation. 

10 (3) Any other facility or part of a facility that the Administrator de11 termines to be— 

12 (A) owned or leased by the United States for the use of another 

13 agency of the Federal Government; and 

14 (B) considered by the head of the agency involved to be— 

15 (i) excess to the needs of that agency; or 

16 (ii) underutilized by that agency. 

17 § 30310. Exception to alternative fuel procurement require18 ment 

19 Section 526(a) of the Energy Independence and Security Act of 2007 (42 

20 U.S.C. 17142(a)) does not prohibit the Administration from entering into 

21 a contract to purchase a generally available fuel that is not an alternative 

22 or synthetic fuel or predominantly produced from a nonconventional petro23 leum source, if— 

24 (1) the contract does not specifically require the contractor to pro25 vide an alternative or synthetic fuel or fuel from a nonconventional pe26 troleum source; 

27 (2) the purpose of the contract is not to obtain an alternative or syn28 thetic fuel or fuel from a nonconventional petroleum source; and 

29 (3) the contract does not provide incentives for a refinery upgrade 

30 or expansion to allow a refinery to use or increase its use of fuel from 

31 a nonconventional petroleum source. 

32 CHAPTER 305—MANAGEMENT AND REVIEW 

Sec. 

30501. Lessons learned and best practices. 

30502. Whistleblower protection. 

30503. Performance assessments. 

30504. Assessment of science mission extensions. 

33 § 30501. Lessons learned and best practices 

34 (a) IN GENERAL.—The Administrator shall transmit to the Committee on 

35 Science and Technology of the House of Representatives and the Committee 

36 on Commerce, Science, and Transportation of the Senate an implementation 

37 plan describing the Administration’s approach for obtaining, implementing, 


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1 and sharing lessons learned and best practices for its major programs and 

2 projects not later than 180 days after December 30, 2005. The implementa3 tion plan shall be updated and maintained to ensure that it is current and 

4 consistent with the burgeoning culture of learning and safety that is emerg5 ing at the Administration. 

6 (b) REQUIRED CONTENT.—The implementation plan shall contain at a 

7 minimum the lessons learned and best practices requirements for the Ad8 ministration, the organizations or positions responsible for enforcement of 

9 the requirements, the reporting structure, and the objective performance 

10 measures indicating the effectiveness of the activity. 

11 (c) INCENTIVES.—The Administrator shall provide incentives to encour12 age sharing and implementation of lessons learned and best practices by em13 ployees, projects, and programs, as well as penalties for programs and 

14 projects that are determined not to have demonstrated use of those re15 sources. 

16 § 30502. Whistleblower protection 

17 (a) IN GENERAL.—Not later than 1 year after December 30, 2005, the 

18 Administrator shall transmit to the Committee on Science and Technology 

19 of the House of Representatives and the Committee on Commerce, Science, 

20 and Transportation of the Senate a plan describing steps to be taken by 

21 the Administration to protect from retaliation Administration employees 

22 who raise concerns about substantial and specific dangers to public health 

23 and safety or about substantial and specific factors that could threaten the 

24 success of a mission. The plan shall be designed to ensure that Administra25 tion employees have the full protection required by law. The Administrator 

26 shall implement the plan not more than 1 year after its transmittal. 

27 (b) GOAL.—The Administrator shall ensure that the plan describes a sys28 tem that will protect employees who wish to raise or have raised concerns 

29 described in subsection (a). 

30 (c) PLAN.—At a minimum, the plan shall include, consistent with Federal 

31 law— 

32 (1) a reporting structure that ensures that the officials who are the 

33 subject of a whistleblower’s complaint will not learn the identity of the 

34 whistleblower; 

35 (2) a single point to which all complaints can be made without fear 

36 of retribution; 

37 (3) procedures to enable the whistleblower to track the status of the 

38 case; 

39 (4) activities to educate employees about their rights as whistle40 blowers and how they are protected by law; 


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1 (5) activities to educate employees about their obligations to report 

2 concerns and their accountability before and after receiving the results 

3 of the investigations into their concerns; and 

4 (6) activities to educate all appropriate Administration Human Re5 sources professionals, and all Administration managers and super6 visors, regarding personnel laws, rules, and regulations. 

7 (d) REPORT.—Not later than February 15 of each year beginning Feb8 ruary 15, 2007, the Administrator shall transmit a report to the Committee 

9 on Science and Technology of the House of Representatives and the Com10 mittee on Commerce, Science, and Transportation of the Senate on the con11 cerns described in subsection (a) that were raised during the previous fiscal 

12 year. At a minimum, the report shall provide— 

13 (1) the number of concerns that were raised, divided into the cat14 egories of safety and health, mission assurance, and mismanagement, 

15 and the disposition of those concerns, including whether any employee 

16 was disciplined as a result of a concern having been raised; and 

17 (2) any recommendations for reforms to further prevent retribution 

18 against employees who raise concerns. 

19 § 30503. Performance assessments 

20 (a) IN GENERAL.—The performance of each division in the Science direc21 torate of the Administration shall be reviewed and assessed by the National 

22 Academy of Sciences at 5-year intervals. 

23 (b) TIMING.—Beginning with the first fiscal year following December 30, 

24 2005, the Administrator shall select at least one division for review under 

25 this section. The Administrator shall select divisions so that all disciplines 

26 will have received their first review within 6 fiscal years of December 30, 

27 2005. 

28 (c) REPORTS.—Not later than March 1 of each year, beginning with the 

29 first fiscal year after December 30, 2005, the Administrator shall transmit 

30 a report to the Committee on Science and Technology of the House of Rep31 resentatives and the Committee on Commerce, Science, and Transportation 

32 of the Senate— 

33 (1) setting forth in detail the results of any external review under 

34 subsection (a); 

35 (2) setting forth in detail actions taken by the Administration in re36 sponse to any external review; and 

37 (3) including a summary of findings and recommendations from any 

38 other relevant external reviews of the Administration’s science mission 

39 priorities and programs. 


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1 § 30504. Assessment of science mission extensions 

2 (a) ASSESSMENT.—The Administrator shall carry out biennial reviews 

3 within each of the Science divisions to assess the cost and benefits of ex4 tending the date of the termination of data collection for those missions that 

5 have exceeded their planned mission lifetime. 

6 (b) CONSULTATION AND CONSIDERATION OF POTENTIAL BENEFITS OF

7 INSTRUMENTS ON MISSIONS.—For those missions that have an operational 

8 component, the National Oceanic and Atmospheric Administration or any 

9 other affected agency shall be consulted and the potential benefits of instru10 ments on missions that are beyond their planned mission lifetime taken into 

11 account. 

12 CHAPTER 307—INTERNATIONAL COOPERATION AND 

13 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. 

14 § 30701. Competitiveness and international cooperation 

15 (a) LIMITATION.— 

16 (1) SOLICITATION OF COMMENT.—As part of the evaluation of the 

17 costs and benefits of entering into an obligation to conduct a space 

18 mission in which a foreign entity will participate as a supplier of the 

19 spacecraft, spacecraft system, or launch system, the Administrator 

20 shall solicit comment on the potential impact of such participation 

21 through notice published in Commerce Business Daily at least 45 days 

22 before entering into such an obligation. 

23 (2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF CHINA.—The Ad24 ministrator shall certify to Congress at least 15 days in advance of any 

25 cooperative agreement with the People’s Republic of China, or any 

26 company owned by the People’s Republic of China or incorporated 

27 under the laws of the People’s Republic of China, involving spacecraft, 

28 spacecraft systems, launch systems, or scientific or technical informa29 tion, that— 

30 (A) the agreement is not detrimental to the United States space 

31 launch industry; and 

32 (B) the agreement, including any indirect technical benefit that 

33 could be derived from the agreement, will not improve the missile 

34 or space launch capabilities of the People’s Republic of China. 

35 (3) ANNUAL AUDIT.—The Inspector General of the Administration, 

36 in consultation with appropriate agencies, shall conduct an annual 

37 audit of the policies and procedures of the Administration with respect 


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1 to the export of technologies and the transfer of scientific and technical 

2 information, to assess the extent to which the Administration is car3 rying out its activities in compliance with Federal export control laws 

4 and with paragraph (2). 

5 (b) NATIONAL INTERESTS.— 

6 (1) DEFINITION OF UNITED STATES COMMERCIAL PROVIDER.—In 

7 this subsection, the term ‘‘United States commercial provider’’ means 

8 a commercial provider (as defined in section 30308(a) of this title), or9 ganized under the laws of the United States or of a State (as defined 

10 in section 30308(a) of this title), which is— 

11 (A) more than 50 percent owned by United States nationals; or 

12 (B) a subsidiary of a foreign company and the Secretary of 

13 Commerce finds that— 

14 (i) such subsidiary has in the past evidenced a substantial 

15 commitment to the United States market through— 

16 (I) investments in the United States in long-term re17 search, development, and manufacturing (including the 

18 manufacture of major components and subassemblies); 

19 and 

20 (II) significant contributions to employment in the 

21 United States; and 

22 (ii) the country or countries in which such foreign company 

23 is incorporated or organized, and, if appropriate, in which it 

24 principally conducts its business, affords reciprocal treatment 

25 to companies described in subparagraph (A) comparable to 

26 that afforded to such foreign company’s subsidiary in the 

27 United States, as evidenced by— 

28 (I) providing comparable opportunities for companies 

29 described in subparagraph (A) to participate in Govern30 ment sponsored research and development similar to that 

31 authorized under this section, section 30307, 30308, 

32 30309, or 30702 of this title, or the National Aero33 nautics and Space Administration Authorization Act of 

34 2000 (Public Law 106–391, 114 Stat. 1577); 

35 (II) providing no barriers to companies described in 

36 subparagraph (A) with respect to local investment oppor37 tunities that are not provided to foreign companies in the 

38 United States; and 

39 (III) providing adequate and effective protection for 

40 the intellectual property rights of companies described in 

41 subparagraph (A). 


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1 (2) IN GENERAL.—Before entering into an obligation described in 

2 subsection (a), the Administrator shall consider the national interests 

3 of the United States described in paragraph (3) of this subsection. 

4 (3) DESCRIPTION OF NATIONAL INTERESTS.—International coopera5 tion in space exploration and science activities most effectively serves 

6 the United States national interest when it— 

7 (A)(i) reduces the cost of undertaking missions the United 

8 States Government would pursue unilaterally; 

9 (ii) enables the United States to pursue missions that it could 

10 not otherwise afford to pursue unilaterally; or 

11 (iii) enhances United States capabilities to use and develop 

12 space for the benefit of United States citizens; 

13 (B) is undertaken in a manner that is sensitive to the desire 

14 of United States commercial providers to develop or explore space 

15 commercially; 

16 (C) is consistent with the need for Federal agencies to use space 

17 to complete their missions; and 

18 (D) is carried out in a manner consistent with United States 

19 export control laws. 

20 § 30702. Foreign contract limitation 

21 The Administration shall not enter into any agreement or contract with 

22 a foreign government that grants the foreign government the right to re23 cover profit in the event that the agreement or contract is terminated. 

24 § 30703. Foreign launch vehicles 

25 (a) ACCORD WITH SPACE TRANSPORTATION POLICY.—The Administra26 tion shall not launch a payload on a foreign launch vehicle except in accord27 ance with the Space Transportation Policy announced by the President on 

28 December 21, 2004. This subsection shall not be construed to prevent the 

29 President from waiving the Space Transportation Policy. 

30 (b) INTERAGENCY COORDINATION.—The Administration shall not launch 

31 a payload on a foreign launch vehicle unless the Administration commenced 

32 the interagency coordination required by the Space Transportation Policy 

33 announced by the President on December 21, 2004, at least 90 days before 

34 entering into a development contract for the payload. 

35 (c) APPLICATION.—This section shall not apply to any payload for which 

36 development has begun prior to December 30, 2005, including the James 

37 Webb Space Telescope. 

38 § 30704. Offshore performance of contracts for the procure39 ment of goods and services 

40 The Administrator shall submit to Congress, not later than 120 days 

41 after the end of each fiscal year, a report on the contracts and subcontracts 


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1 performed overseas and the amount of purchases directly or indirectly by 

2 the Administration from foreign entities in that fiscal year. The report shall 

3 separately indicate— 

4 (1) the contracts and subcontracts and their dollar values for which 

5 the Administrator determines that essential goods or services under the 

6 contract are available only from a source outside the United States; 

7 and 

8 (2) the items and their dollar values for which the Buy American 

9 Act (41 U.S.C. 10a et seq.) was waived pursuant to obligations of the 

10 United States under international agreements. 

11 CHAPTER 309—AWARDS 

Sec. 

30901. Congressional Space Medal of Honor. 

30902. Charles ‘‘Pete’’ Conrad Astronomy Awards. 

12 § 30901. Congressional Space Medal of Honor 

13 (a) AUTHORITY TO AWARD.—The President may award, and present in 

14 the name of Congress, a medal of appropriate design, which shall be known 

15 as the Congressional Space Medal of Honor, to any astronaut who in the 

16 performance of the astronaut’s duties has distinguished himself or herself 

17 by exceptionally meritorious efforts and contributions to the welfare of the 

18 Nation and of humankind. 

19 (b) APPROPRIATIONS.—There is authorized to be appropriated from time 

20 to time such sums of money as may be necessary to carry out the purposes 

21 of this section. 

22 § 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards 

23 (a) SHORT TITLE.—This section may be cited as the ‘‘Charles ‘Pete’ 

24 Conrad Astronomy Awards Act’’. 

25 (b) DEFINITIONS.—In this section: 

26 (1) AMATEUR ASTRONOMER.—The term ‘‘amateur astronomer’’ 

27 means an individual whose employer does not provide any funding, pay28 ment, or compensation to the individual for the observation of asteroids 

29 and other celestial bodies, and does not include any individual employed 

30 as a professional astronomer. 

31 (2) MINOR PLANET CENTER.—The term ‘‘Minor Planet Center’’ 

32 means the Minor Planet Center of the Smithsonian Astrophysical Ob33 servatory. 

34 (3) NEAR-EARTH ASTEROID.—The term ‘‘near-Earth asteroid’’ 

35 means an asteroid with a perihelion distance of less than 1.3 Astro36 nomical Units from the Sun. 

37 (4) PROGRAM.—The term ‘‘Program’’ means the Charles ‘‘Pete’’ 

38 Conrad Astronomy Awards Program established under subsection (c). 


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1 (c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS PROGRAM.— 

2 (1) IN GENERAL.—The Administrator shall establish the Charles 

3 ‘‘Pete’’ Conrad Astronomy Awards Program. 

4 (2) AWARDS.—The Administrator shall make awards under the Pro5 gram based on the recommendations of the Minor Planet Center. 

6 (3) AWARD CATEGORIES.—The Administrator shall make one annual 

7 award, unless there are no eligible discoveries or contributions, for each 

8 of the following categories: 

9 (A) DISCOVERY OF BRIGHTEST NEAR-EARTH ASTEROID.—The 

10 amateur astronomer or group of amateur astronomers who in the 

11 preceding calendar year discovered the intrinsically brightest near12 Earth asteroid among the near-Earth asteroids that were discov13 ered during that year by amateur astronomers or groups of ama14 teur astronomers. 

15 (B) GREATEST CONTRIBUTION TO CATALOGUING NEAR-EARTH

16 ASTEROIDS.—The amateur astronomer or group of amateur as17 tronomers who made the greatest contribution to the Minor Planet 

18 Center’s mission of cataloguing near-Earth asteroids during the 

19 preceding year. 

20 (4) AWARD AMOUNT.—An award under the Program shall be in the 

21 amount of $3,000. 

22 (5) GUIDELINES.— 

23 (A) CITIZEN OR PERMANENT RESIDENT.—No individual who is 

24 not a citizen or permanent resident of the United States at the 

25 time of the individual’s discovery or contribution may receive an 

26 award under this section. 

27 (B) FINALITY.—The decisions of the Administrator in making 

28 awards under this section are final. 

29 CHAPTER 311—SAFETY 

Sec. 

31101. Aerospace Safety Advisory Panel. 

31102. Drug and alcohol testing. 

30 § 31101. Aerospace Safety Advisory Panel 

31 (a) ESTABLISHMENT AND MEMBERS.—There is established an Aerospace 

32 Safety Advisory Panel consisting of a maximum of 9 members who shall be 

33 appointed by the Administrator for terms of 6 years each. Not more than 

34 4 such members shall be chosen from among the officers and employees of 

35 the Administration. 

36 (b) CHAIRMAN.—One member shall be designated by the Panel as its 

37 Chairman. 

38 (c) DUTIES.—The Panel shall— 


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1 (1) review safety studies and operations plans referred to it, includ2 ing evaluating the Administration’s compliance with the return-to-flight 

3 and continue-to-fly recommendations of the Columbia Accident Inves4 tigation Board, and make reports thereon; 

5 (2) advise the Administrator and Congress with respect to— 

6 (A) the hazards of proposed or existing facilities and proposed 

7 operations; 

8 (B) the adequacy of proposed or existing safety standards; and 

9 (C) management and culture related to safety; and 

10 (3) perform such other duties as the Administrator may request. 

11 (d) COMPENSATION AND EXPENSES.— 

12 (1) COMPENSATION.— 

13 (A) FEDERAL OFFICERS AND EMPLOYEES.—A member of the 

14 Panel who is an officer or employee of the Federal Government 

15 shall receive no compensation for the member’s services as such. 

16 (B) MEMBERS APPOINTED FROM OUTSIDE THE FEDERAL GOV17 ERNMENT.—A member of the Panel appointed from outside the 

18 Federal Government shall receive compensation, at a rate not to 

19 exceed the per diem rate equivalent to the maximum rate payable 

20 under section 5376 of title 5, for each day the member is engaged 

21 in the actual performance of duties vested in the Panel. 

22 (2) EXPENSES.—A member of the Panel shall be allowed necessary 

23 travel expenses (or in the alternative, mileage for use of a privately 

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

25 rate and amount prescribed in sections 5702 and 5704 of title 5), and 

26 other necessary expenses incurred by the member in the performance 

27 of duties vested in the Panel, without regard to the provisions of sub28 chapter I of chapter 57 of title 5, the Standardized Government Travel 

29 Regulations, or section 5731 of title 5. 

30 (e) ANNUAL REPORT.—The Panel shall submit an annual report to the 

31 Administrator and to Congress. In the first annual report submitted after 

32 December 30, 2005, the Panel shall include an evaluation of the Adminis33 tration’s management and culture related to safety. Each annual report 

34 shall include an evaluation of the Administration’s compliance with the rec35 ommendations of the Columbia Accident Investigation Board through retire36 ment of the space shuttle. 

37 § 31102. Drug and alcohol testing 

38 (a) DEFINITION OF CONTROLLED SUBSTANCE.—In this section, the term 

39 ‘‘controlled substance’’ means any substance under section 102(6) of the 

40 Controlled Substances Act (21 U.S.C. 802(6)) specified by the Adminis41 trator. 


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1 (b) TESTING PROGRAM.— 

2 (1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall es3 tablish a program applicable to employees of the Administration whose 

4 duties include responsibility for safety-sensitive, security, or national 

5 security functions. Such program shall provide for preemployment, rea6 sonable suspicion, random, and post-accident testing for use, in viola7 tion of applicable law or Federal regulation, of alcohol or a controlled 

8 substance. The Administrator may also prescribe regulations, as the 

9 Administrator considers appropriate in the interest of safety, security, 

10 and national security, for the conduct of periodic recurring testing of 

11 such employees for such use in violation of applicable law or Federal 

12 regulation. 

13 (2) EMPLOYEES OF CONTRACTORS.—The Administrator shall, in the 

14 interest of safety, security, and national security, prescribe regulations. 

15 Such regulations shall establish a program that requires Administration 

16 contractors to conduct preemployment, reasonable suspicion, random, 

17 and post-accident testing of contractor employees responsible for safe18 ty-sensitive, security, or national security functions (as determined by 

19 the Administrator) for use, in violation of applicable law or Federal 

20 regulation, of alcohol or a controlled substance. The Administrator may 

21 also prescribe regulations, as the Administrator considers appropriate 

22 in the interest of safety, security, and national security, for the conduct 

23 of periodic recurring testing of such employees for such use in violation 

24 of applicable law or Federal regulation. 

25 (3) SUSPENSION, DISQUALIFICATION, OR DISMISSAL.—In prescribing 

26 regulations under the programs required by this subsection, the Admin27 istrator shall require, as the Administrator considers appropriate, the 

28 suspension, disqualification, or dismissal of any employee to which 

29 paragraph (1) or (2) applies, in accordance with the provisions of this 

30 section, in any instance where a test conducted and confirmed under 

31 this section indicates that such employee has used, in violation of appli32 cable law or Federal regulation, alcohol or a controlled substance. 

33 (c) PROHIBITION ON SERVICE.— 

34 (1) PROHIBITION UNLESS PROGRAM OF REHABILITATION COM35 PLETED.—No individual who is determined by the Administrator under 

36 this section to have used, in violation of applicable law or Federal regu37 lation, alcohol or a controlled substance after December 9, 1991, shall 

38 serve as an Administration employee with responsibility for safety-sen39 sitive, security, or national security functions (as determined by the 

40 Administrator), or as an Administration contractor employee with such 


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1 responsibility, unless such individual has completed a program of reha2 bilitation described in subsection (d). 

3 (2) UNCONDITIONAL PROHIBITION.—Any such individual determined 

4 by the Administrator under this section to have used, in violation of 

5 applicable law or Federal regulation, alcohol or a controlled substance 

6 after December 9, 1991, shall not be permitted to perform the duties 

7 that the individual performed prior to the date of the determination, 

8 if the individual— 

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

10 (B) prior to such use had undertaken or completed a rehabilita11 tion program described in subsection (d); 

12 (C) following such determination refuses to undertake such a re13 habilitation program; or 

14 (D) following such determination fails to complete such a reha15 bilitation program. 

16 (d) PROGRAM FOR REHABILITATION.— 

17 (1) REGULATIONS AND AVAILABILITY OF PROGRAM FOR CON18 TRACTOR EMPLOYEES.—The Administrator shall prescribe regulations 

19 setting forth requirements for rehabilitation programs which at a min20 imum provide for the identification and opportunity for treatment of 

21 employees referred to in subsection (b) in need of assistance in resolv22 ing problems with the use, in violation of applicable law or Federal reg23 ulation, of alcohol or a controlled substance. Each contractor is encour24 aged to make such a program available to all of its employees in addi25 tion to those employees referred to in subsection (b)(2). The Adminis26 trator shall determine the circumstances under which such employees 

27 shall be required to participate in such a program. Nothing in this sub28 section shall preclude any Administration contractor from establishing 

29 a program under this subsection in cooperation with any other such 

30 contractor. 

31 (2) ESTABLISHMENT AND MAINTENANCE OF PROGRAM FOR ADMINIS32 TRATION EMPLOYEES.—The Administrator shall establish and maintain 

33 a rehabilitation program which at a minimum provides for the identi34 fication and opportunity for treatment of those employees of the Ad35 ministration whose duties include responsibility for safety-sensitive, se36 curity, or national security functions who are in need of assistance in 

37 resolving problems with the use of alcohol or controlled substances. 

38 (e) PROCEDURES FOR TESTING.—In establishing the programs required 

39 under subsection (b), the Administrator shall develop requirements which 

40 shall— 


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1 (1) promote, to the maximum extent practicable, individual privacy 

2 in the collection of specimen samples; 

3 (2) with respect to laboratories and testing procedures for controlled 

4 substances, incorporate the Department of Health and Human Services 

5 scientific and technical guidelines dated April 11, 1988, and any subse6 quent amendments thereto, including mandatory guidelines which— 

7 (A) establish comprehensive standards for all aspects of labora8 tory controlled substances testing and laboratory procedures to be 

9 applied in carrying out this section, including standards which re10 quire the use of the best available technology for ensuring the full 

11 reliability and accuracy of controlled substances tests and strict 

12 procedures governing the chain of custody of specimen samples 

13 collected for controlled substances testing; 

14 (B) establish the minimum list of controlled substances for 

15 which individuals may be tested; and 

16 (C) establish appropriate standards and procedures for periodic 

17 review of laboratories and criteria for certification and revocation 

18 of certification of laboratories to perform controlled substances 

19 testing in carrying out this section; 

20 (3) require that all laboratories involved in the controlled substances 

21 testing of any individual under this section shall have the capability 

22 and facility, at such laboratory, of performing screening and confirma23 tion tests; 

24 (4) provide that all tests which indicate the use, in violation of appli25 cable law or Federal regulation, of alcohol or a controlled substance by 

26 any individual shall be confirmed by a scientifically recognized method 

27 of testing capable of providing quantitative data regarding alcohol or 

28 a controlled substance; 

29 (5) provide that each specimen sample be subdivided, secured, and 

30 labelled in the presence of the tested individual and that a portion 

31 thereof be retained in a secure manner to prevent the possibility of 

32 tampering, so that in the event the individual’s confirmation test re33 sults are positive the individual has an opportunity to have the retained 

34 portion assayed by a confirmation test done independently at a second 

35 certified laboratory if the individual requests the independent test with36 in 3 days after being advised of the results of the initial confirmation 

37 test; 

38 (6) ensure appropriate safeguards for testing to detect and quantify 

39 alcohol in breath and body fluid samples, including urine and blood, 

40 through the development of regulations as may be necessary and in 

41 consultation with the Department of Health and Human Services; 


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1 (7) provide for the confidentiality of test results and medical infor2 mation of employees; and 

3 (8) ensure that employees are selected for tests by nondiscriminatory 

4 and impartial methods, so that no employee is harassed by being treat5 ed differently from other employees in similar circumstances. 

6 (f) EFFECT ON OTHER LAWS AND REGULATIONS.— 

7 (1) CONSISTENCY WITH FEDERAL REGULATION.—No State or local 

8 government shall adopt or have in effect any law, rule, regulation, ordi9 nance, standard, or order that is inconsistent with the regulations pro10 mulgated under this section. 

11 (2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 9, 

12 1991.—Nothing in this section shall be construed to restrict the discre13 tion of the Administrator to continue in force, amend, or further sup14 plement any regulations issued before December 9, 1991, that govern 

15 the use of alcohol and controlled substances by Administration employ16 ees with responsibility for safety-sensitive, security, and national secu17 rity functions (as determined by the Administrator), or by Administra18 tion contractor employees with such responsibility. 

19 CHAPTER 313—HEALTHCARE 

Sec. 

31301. Healthcare program. 

31302. Astronaut healthcare survey. 

20 § 31301. Healthcare program 

21 The Administrator shall develop a plan to better understand the longitu22 dinal health effects of space flight on humans. In the development of the 

23 plan, the Administrator shall consider the need for the establishment of a 

24 lifetime healthcare program for Administration astronauts and their families 

25 or other methods to obtain needed health data from astronauts and retired 

26 astronauts. 

27 § 31302. Astronaut healthcare survey 

28 (a) SURVEY.—The Administrator shall administer an anonymous survey 

29 of astronauts and flight surgeons to evaluate communication, relationships, 

30 and the effectiveness of policies. The survey questions and the analysis of 

31 results shall be evaluated by experts independent of the Administration. The 

32 survey shall be administered on at least a biennial basis. 

33 (b) REPORT.—The Administrator shall transmit a report of the results 

34 of the survey to Congress not later than 90 days following completion of 

35 the survey. 

36 CHAPTER 315—MISCELLANEOUS 

Sec. 


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31501. Orbital debris. 

31502. Maintenance of facilities. 

31503. Laboratory productivity. 

31504. Cooperative unmanned aerial vehicle activities. 

31505. Development of enhanced-use lease policy. 

1 § 31501. Orbital debris 

2 The Administrator, in conjunction with the heads of other Federal agen3 cies, shall take steps to develop or acquire technologies that will enable the 

4 Administration to decrease the risks associated with orbital debris. 

5 § 31502. Maintenance of facilities 

6 In order to sustain healthy Centers that are capable of carrying out the 

7 Administration’s missions, the Administrator shall ensure that adequate 

8 maintenance and upgrading of those Center facilities is performed on a reg9 ular basis. 

10 § 31503. Laboratory productivity 

11 The Administration’s laboratories are a critical component of the Admin12 istration’s research capabilities, and the Administrator shall ensure that 

13 those laboratories remain productive. 

14 § 31504. Cooperative unmanned aerial vehicle activities 

15 The Administrator, in cooperation with the Administrator of the National 

16 Oceanic and Atmospheric Administration and in coordination with other 

17 agencies that have existing civil capabilities, shall continue to utilize the ca18 pabilities of unmanned aerial vehicles as appropriate in support of Adminis19 tration and interagency cooperative missions. The Administrator may enter 

20 into cooperative agreements with universities with unmanned aerial vehicle 

21 programs and related assets to conduct collaborative research and develop22 ment activities, including development of appropriate applications of small 

23 unmanned aerial vehicle technologies and systems in remote areas. 

24 § 31505. Development of enhanced-use lease policy 

25 (a) IN GENERAL.—The Administrator shall develop an agency-wide en26 hanced-use lease policy that— 

27 (1) is based upon sound business practices and lessons learned from 

28 the demonstration centers; and 

29 (2) establishes controls and procedures to ensure accountability and 

30 protect the interests of the Government. 

31 (b) CONTENTS.—The policy required by subsection (a) shall include the 

32 following: 

33 (1) CRITERIA FOR DETERMINING ECONOMIC VALUE.—Criteria for 

34 determining whether enhanced-use lease provides better economic value 

35 to the Government than other options, such as— 

36 (A) Federal financing through appropriations; or 

37 (B) sale of the property. 


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1 (2) SECURITY AND ACCESS.—Requirement for the identification of 

2 proposed physical and procedural changes needed to ensure security 

3 and restrict access to specified areas, coordination of proposed changes 

4 with existing site tenants, and development of estimated costs of such 

5 changes. 

6 (3) MEASURES OF EFFECTIVENESS.—Measures of effectiveness for 

7 the enhanced-use lease program. 

8 (4) ACCOUNTING CONTROLS.—Accounting controls and procedures to 

9 ensure accountability, such as an audit trail and documentation to 

10 readily support financial transactions. 

11 Subtitle IV—Aeronautics and Space 

12 Research and Education 

13 CHAPTER 401—AERONAUTICS 

SUBCHAPTER I—GENERAL 

Sec. 

40101. Definition of institution of higher education. 

40102. Governmental interest in aeronautics research and development. 

40103. Cooperation with other agencies on aeronautics activities. 

40104. Cooperation among Mission Directorates. 

SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND 

DEVELOPMENT PROGRAMS 

40111. Fundamental research program. 

40112. Research and technology programs. 

40113. Airspace systems research. 

40114. Aviation safety and security research. 

40115. Aviation weather research. 

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

SUBCHAPTER III—SCHOLARSHIPS 

40131. Aeronautics scholarships. 

SUBCHAPTER IV—DATA REQUESTS 

40141. Aviation data requests. 

14 SUBCHAPTER I—GENERAL 

15 § 40101. Definition of institution of higher education 

16 In this chapter, the term ‘‘institution of higher education’’ has the mean17 ing given the term by section 101 of the Higher Education Act of 1965 (20 

18 U.S.C. 1001). 

19 § 40102. Governmental interest in aeronautics research and 

20 development 

21 Congress reaffirms the national commitment to aeronautics research 

22 made in chapter 201 of this title. Aeronautics research and development re23 mains a core mission of the Administration. The Administration is the lead 

24 agency for civil aeronautics research. Further, the government of the United 

25 States shall promote aeronautics research and development that will expand 

26 the capacity, ensure the safety, and increase the efficiency of the Nation’s 


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1 air transportation system, promote the security of the Nation, protect the 

2 environment, and retain the leadership of the United States in global avia3 tion. 

4 § 40103. Cooperation with other agencies on aeronautics ac5 tivities 

6 The Administrator shall coordinate, as appropriate, the Administration’s 

7 aeronautics activities with relevant programs in the Department of Trans8 portation, the Department of Defense, the Department of Commerce, and 

9 the Department of Homeland Security, including the activities of the Next 

10 Generation Air Transportation System Joint Planning and Development Of11 fice established under section 709 of the Vision 100—Century of Aviation 

12 Reauthorization Act (Public Law 108–176, 49 U.S.C. 40101 note). 

13 § 40104. Cooperation among Mission Directorates 

14 Research and development activities performed by the Aeronautics Re15 search Mission Directorate with the primary objective of assisting in the de16 velopment of a flight project in another Mission Directorate shall be funded 

17 by the Mission Directorate seeking assistance. 

18 SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH 

19 AND DEVELOPMENT PROGRAMS 

20 § 40111. Fundamental research program 

21 (a) OBJECTIVE.—In order to ensure that the Nation maintains needed 

22 capabilities in fundamental areas of aeronautics research, the Administrator 

23 shall establish a program of long-term fundamental research in aeronautical 

24 sciences and technologies that is not tied to specific development projects. 

25 (b) OPERATION.—The Administrator shall conduct the program under 

26 this section, in part by awarding grants to institutions of higher education. 

27 The Administrator shall encourage the participation of institutions of higher 

28 education located in States that participate in the Experimental Program 

29 to Stimulate Competitive Research. All grants to institutions of higher edu30 cation under this section shall be awarded through merit review. 

31 § 40112. Research and technology programs 

32 (a) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The Ad33 ministrator may establish an initiative with the objective of developing and 

34 demonstrating, in a relevant environment, airframe and propulsion tech35 nologies to enable efficient, economical overland flight of supersonic civil 

36 transport aircraft with no significant impact on the environment. 

37 (b) ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES.— 

38 The Administrator may establish a rotorcraft and other runway-independent 

39 air vehicles initiative with the objective of developing and demonstrating im40 proved safety, noise, and environmental impact in a relevant environment. 


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1 (c) HYPERSONICS RESEARCH.—The Administrator may establish a 

2 hypersonics research program with the objective of exploring the science and 

3 technology of hypersonic flight using air-breathing propulsion concepts, 

4 through a mix of theoretical work, basic and applied research, and develop5 ment of flight research demonstration vehicles. The program may also in6 clude the transition to the hypersonic range of Mach 3 to Mach 5. 

7 (d) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Administrator 

8 may establish a research program which covers a unique range of subsonic, 

9 fixed wing vehicles and propulsion concepts. This research is intended to 

10 push technology barriers beyond current subsonic technology. Propulsion 

11 concepts include advanced materials, morphing engines, hybrid engines, and 

12 fuel cells. 

13 (e) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 

14 (1) OBJECTIVE.—The Administrator may establish a fuel cell-pow15 ered aircraft research program whose objective shall be to develop and 

16 test concepts to enable a hydrogen fuel cell-powered aircraft that would 

17 have no hydrocarbon or nitrogen oxide emissions into the environment. 

18 (2) APPROACH.—The Administrator may establish a program of 

19 competitively awarded grants available to teams of researchers that 

20 may include the participation of individuals from universities, industry, 

21 and government for the conduct of this research. 

22 (f) MARS AIRCRAFT RESEARCH.— 

23 (1) OBJECTIVE.—The Administrator may establish a Mars Aircraft 

24 project whose objective shall be to develop and test concepts for an 

25 uncrewed aircraft that could operate for sustained periods in the at26 mosphere of Mars. 

27 (2) APPROACH.—The Administrator may establish a program of 

28 competitively awarded grants available to teams of researchers that 

29 may include the participation of individuals from universities, industry, 

30 and government for the conduct of this research. 

31 § 40113. Airspace systems research 

32 (a) OBJECTIVE.—The Airspace Systems Research program shall pursue 

33 research and development to enable revolutionary improvements to and mod34 ernization of the National Airspace System, as well as to enable the intro35 duction of new systems for vehicles that can take advantage of an improved, 

36 modern air transportation system. 

37 (b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 

38 Administrator shall align the projects of the Airspace Systems Research 

39 program so that they directly support the objectives of the Joint Planning 

40 and Development Office’s Next Generation Air Transportation System Inte41 grated Plan. 


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1 § 40114. Aviation safety and security research 

2 (a) OBJECTIVE.—The Aviation Safety and Security Research program 

3 shall pursue research and development activities that directly address the 

4 safety and security needs of the National Airspace System and the aircraft 

5 that fly in it. The program shall develop prevention, intervention, and miti6 gation technologies aimed at causal, contributory, or circumstantial factors 

7 of aviation accidents. 

8 (b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 

9 Administrator shall align the projects of the Aviation Safety and Security 

10 Research program so that they directly support the objectives of the Joint 

11 Planning and Development Office’s Next Generation Air Transportation 

12 System Integrated Plan. 

13 § 40115. Aviation weather research 

14 The Administrator may carry out a program of collaborative research 

15 with the National Oceanic and Atmospheric Administration on convective 

16 weather events, with the goal of significantly improving the reliability of 2- 

17 hour to 6-hour aviation weather forecasts. 

18 § 40116. University-based Centers for Research on Aviation 

19 Training 

20 (a) IN GENERAL.—The Administrator shall award grants to institutions 

21 of higher education (or consortia thereof) to establish one or more Centers 

22 for Research on Aviation Training under cooperative agreements with ap23 propriate Administration Centers. 

24 (b) PURPOSE.—The purpose of the Centers for Research on Aviation 

25 Training shall be to investigate the impact of new technologies and proce26 dures, particularly those related to the aircraft flight deck and to the air 

27 traffic management functions, on training requirements for pilots and air 

28 traffic controllers. 

29 (c) APPLICATION.—An institution of higher education (or a consortium 

30 of such institutions) seeking funding under this section shall submit an ap31 plication to the Administrator at such time, in such manner, and containing 

32 such information as the Administrator may require, including, at a min33 imum, a 5-year research plan. 

34 (d) AWARD DURATION.—An award made by the Administrator under this 

35 section shall be for a period of 5 years and may be renewed on the basis 

36 of— 

37 (1) satisfactory performance in meeting the goals of the research 

38 plan proposed in the application submitted under subsection (c); and 

39 (2) other requirements as specified by the Administrator. 


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1 SUBCHAPTER III—SCHOLARSHIPS 

2 § 40131. Aeronautics scholarships 

3 (a) ESTABLISHMENT.—The Administrator shall establish a program of 

4 scholarships for full-time graduate students who are United States citizens 

5 and are enrolled in, or have been accepted by and have indicated their inten6 tion to enroll in, accredited Masters degree programs in aeronautical engi7 neering or equivalent programs at institutions of higher education. Each 

8 such scholarship shall cover the costs of room, board, tuition, and fees, and 

9 may be provided for a maximum of 2 years. 

10 (b) IMPLEMENTATION.—Not later than 180 days after December 30, 

11 2005, the Administrator shall publish regulations governing the scholarship 

12 program under this section. 

13 (c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have been 

14 awarded a scholarship under this section shall have the opportunity for paid 

15 employment at one of the Administration Centers engaged in aeronautics re16 search and development during the summer prior to the first year of the 

17 student’s Masters program, and between the first and second year, if appli18 cable. 

19 SUBCHAPTER IV—DATA REQUESTS 

20 § 40141. Aviation data requests 

21 The Administrator shall make available upon request satellite imagery 

22 and aerial photography of remote terrain that the Administration owns at 

23 the time of the request to the Administrator of the Federal Aviation Admin24 istration or the Director of the Five Star Medallion Program, to assist and 

25 train pilots in navigating challenging topographical features of such terrain. 

26 CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND 

27 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. 

28 § 40301. Purposes 

29 The purposes of this chapter are to— 

30 (1) increase the understanding, assessment, development, and utiliza31 tion of space resources by promoting a strong educational base, responVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 sive research and training activities, and broad and prompt dissemina2 tion of knowledge and techniques; 

3 (2) utilize the abilities and talents of the universities of the Nation 

4 to support and contribute to the exploration and development of the 

5 resources and opportunities afforded by the space environment; 

6 (3) encourage and support, within the university community of the 

7 Nation, the existence of interdisciplinary and multidisciplinary pro8 grams of space research that— 

9 (A) engage in integrated activities of training, research, and 

10 public service; 

11 (B) have cooperative programs with industry; and 

12 (C) are coordinated with the overall program of the Administra13 tion; 

14 (4) encourage and support the existence of consortia, made up of 

15 university and industry members, in order to advance the exploration 

16 and development of space resources in cases in which national objec17 tives can be better fulfilled through such consortia than through the 

18 programs of single universities; 

19 (5) encourage and support Federal funding for graduate fellowships 

20 in fields related to space; and 

21 (6) support activities in colleges and universities generally for the 

22 purpose of creating and operating a network of institutional programs 

23 that will enhance achievements resulting from efforts under this chap24 ter. 

25 § 40302. Definitions 

26 In this chapter: 

27 (1) AERONAUTICAL AND SPACE ACTIVITIES.—The term ‘‘aero28 nautical and space activities’’ has the meaning given the term in sec29 tion 20103 of this title. 

30 (2) FIELD RELATED TO SPACE.—The term ‘‘field related to space’’ 

31 means any academic discipline or field of study (including the physical, 

32 natural, and biological sciences, and engineering, space technology, edu33 cation, economics, sociology, communications, planning, law, inter34 national affairs, and public administration) which is concerned with or 

35 likely to improve the understanding, assessment, development, and uti36 lization of space. 

37 (3) PANEL.—The term ‘‘panel’’ means the space grant review panel 

38 established pursuant to section 40308 of this title. 

39 (4) PERSON.—The term ‘‘person’’ means any individual, any public 

40 or private corporation, partnership, or other association or entity (in41 cluding any space grant college, space grant regional consortium, instiVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 tution of higher education, institute, or laboratory), or any State, polit2 ical subdivision of a State, or agency or officer of a State or political 

3 subdivision of a State. 

4 (5) SPACE ENVIRONMENT.—The term ‘‘space environment’’ means 

5 the environment beyond the sensible atmosphere of the Earth. 

6 (6) SPACE GRANT COLLEGE.—The term ‘‘space grant college’’ means 

7 any public or private institution of higher education which is designated 

8 as such by the Administrator pursuant to section 40306 of this title. 

9 (7) SPACE GRANT PROGRAM.—The term ‘‘space grant program’’ 

10 means any program that— 

11 (A) is administered by any space grant college, space grant re12 gional consortium, institution of higher education, institute, lab13 oratory, or State or local agency; and 

14 (B) includes 2 or more projects involving education and one or 

15 more of the following activities in the fields related to space: 

16 (i) Research. 

17 (ii) Training. 

18 (iii) Advisory services. 

19 (8) SPACE GRANT REGIONAL CONSORTIUM.—The term ‘‘space grant 

20 regional consortium’’ means any association or other alliance that is 

21 designated as a space grant regional consortium by the Administrator 

22 pursuant to section 40306 of this title. 

23 (9) SPACE RESOURCE.—The term ‘‘space resource’’ means any tan24 gible or intangible benefit which can be realized only from— 

25 (A) aeronautical and space activities; or 

26 (B) advancements in any field related to space. 

27 (10) STATE.—The term ‘‘State’’ means any State of the United 

28 States, the District of Columbia, the Commonwealth of Puerto Rico, 

29 the Virgin Islands, Guam, American Samoa, the Commonwealth of the 

30 Northern Mariana Islands, or any other territory or possession of the 

31 United States. 

32 § 40303. National space grant college and fellowship pro33 gram 

34 (a) ESTABLISHMENT.—The Administrator shall establish and maintain, 

35 within the Administration, a program to be known as the national space 

36 grant college and fellowship program. The national space grant college and 

37 fellowship program shall consist of the financial assistance and other activi38 ties provided for in this chapter. The Administrator shall establish long39 range planning guidelines and priorities, and adequately evaluate the pro40 gram. 

41 (b) FUNCTIONS.—Within the Administration, the program shall— 


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1 (1) apply the long-range planning guidelines and the priorities estab2 lished by the Administrator under subsection (a); 

3 (2) advise the Administrator with respect to the expertise and capa4 bilities which are available through the national space grant college and 

5 fellowship program, and make such expertise available to the Adminis6 tration as directed by the Administrator; 

7 (3) evaluate activities conducted under grants and contracts awarded 

8 pursuant to sections 40304 and 40305 of this title to ensure that the 

9 purposes set forth in section 40301 of this title are implemented; 

10 (4) encourage other Federal departments, agencies, and instrumen11 talities to use and take advantage of the expertise and capabilities 

12 which are available through the national space grant college and fellow13 ship program, on a cooperative or other basis; 

14 (5) encourage cooperation and coordination with other Federal pro15 grams concerned with the development of space resources and fields re16 lated to space; 

17 (6) advise the Administrator on the designation of recipients sup18 ported by the national space grant college and fellowship program and, 

19 in appropriate cases, on the termination or suspension of any such des20 ignation; and 

21 (7) encourage the formation and growth of space grant and fellow22 ship programs. 

23 (c) GENERAL AUTHORITIES.—To carry out the provisions of this chapter, 

24 the Administrator may— 

25 (1) accept conditional or unconditional gifts or donations of services, 

26 money, or property, real, personal or mixed, tangible or intangible; 

27 (2) accept and use funds from other Federal departments, agencies, 

28 and instrumentalities to pay for fellowships, grants, contracts, and 

29 other transactions; and 

30 (3) issue such rules and regulations as may be necessary and appro31 priate. 

32 § 40304. Grants or contracts 

33 (a) AUTHORITY OF ADMINISTRATOR.—The Administrator may make 

34 grants and enter into contracts or other transactions under this subsection 

35 to assist any space grant and fellowship program or project if the Adminis36 trator finds that the program or project will carry out the purposes set forth 

37 in section 40301 of this title. The total amount paid pursuant to a grant 

38 or contract may equal not more than 66 percent of the total cost of the 

39 space grant and fellowship program or project involved, except in the case 

40 of grants or contracts paid for with funds accepted by the Administrator 

41 pursuant to section 40303(c)(2) of this title. 


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1 (b) SPECIAL GRANTS.—The Administrator may make special grants 

2 under this subsection to carry out the purposes set forth in section 40301 

3 of this title. The amount of a special grant may equal up to 100 percent 

4 of the total cost of the project involved. A special grant may be made under 

5 this subsection only if the Administrator finds that— 

6 (1) no reasonable means is available through which the applicant can 

7 meet the matching requirement for a grant under subsection (a); 

8 (2) the probable benefit of the project outweighs the public interest 

9 in the matching requirement; and 

10 (3) the same or equivalent benefit cannot be obtained through the 

11 award of a contract or grant under subsection (a) or section 40305 of 

12 this title. 

13 (c) APPLICATION.—Any person may apply to the Administrator for a 

14 grant or contract under this section. Application shall be made in such form 

15 and manner, and with such content and other submissions, as the Adminis16 trator shall by regulation prescribe. 

17 (d) TERMS AND CONDITIONS.— 

18 (1) IN GENERAL.—Any grant made, or contract entered into, under 

19 this section shall be subject to the limitations and provisions set forth 

20 in paragraphs (2) and (3) and to such other terms, conditions, and re21 quirements as the Administrator considers necessary or appropriate. 

22 (2) LIMITATIONS.—No payment under any grant or contract under 

23 this section may be applied to— 

24 (A) the purchase of any land; 

25 (B) the purchase, construction, preservation, or repair of any 

26 building; or 

27 (C) the purchase or construction of any launch facility or launch 

28 vehicle. 

29 (3) LEASES.—Notwithstanding paragraph (2), the items in subpara30 graphs (A), (B), and (C) of such paragraph may be leased upon writ31 ten approval of the Administrator. 

32 (4) RECORDS.—Any person that receives or utilizes any proceeds of 

33 any grant or contract under this section shall keep such records as the 

34 Administrator shall by regulation prescribe as being necessary and ap35 propriate to facilitate effective audit and evaluation, including records 

36 which fully disclose the amount and disposition by such recipient of 

37 such proceeds, the total cost of the program or project in connection 

38 with which such proceeds were used, and the amount, if any, of such 

39 cost which was provided through other sources. Such records shall be 

40 maintained for 3 years after the completion of such a program or 

41 project. The Administrator and the Comptroller General of the United 


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1 States, or any of their duly authorized representatives, shall have ac2 cess, for the purpose of audit and evaluation, to any books, documents, 

3 papers, and records of receipts which, in the opinion of the Adminis4 trator or the Comptroller General, may be related or pertinent to such 

5 grants and contracts. 

6 § 40305. Specific national needs 

7 (a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND CON8 TRACTING AUTHORITY.—The Administrator shall identify specific national 

9 needs and problems relating to space. The Administrator may make grants 

10 or enter into contracts under this section with respect to such needs or 

11 problems. The amount of any such grant or contract may equal up to 100 

12 percent of the total cost of the project involved. 

13 (b) APPLICATIONS FOR GRANTS OR CONTRACTS.—Any person may apply 

14 to the Administrator for a grant or contract under this section. In addition, 

15 the Administrator may invite applications with respect to specific national 

16 needs or problems identified under subsection (a). Application shall be made 

17 in such form and manner, and with such content and other submissions, 

18 as the Administrator shall by regulation prescribe. Any grant made, or con19 tract entered into, under this section shall be subject to the limitations and 

20 provisions set forth in paragraphs (2) and (4) of section 40304(d) of this 

21 title and to such other terms, conditions, and requirements as the Adminis22 trator considers necessary or appropriate. 

23 § 40306. Space grant college and space grant regional con24 sortium 

25 (a) DESIGNATION AND QUALIFICATIONS.— 

26 (1) AUTHORITY TO DESIGNATE.—The Administrator may des27 ignate— 

28 (A) any institution of higher education as a space grant college; 

29 and 

30 (B) any association or other alliance of 2 or more persons, other 

31 than individuals, as a space grant regional consortium. 

32 (2) SPACE GRANT COLLEGE REQUIREMENTS.—No institution of 

33 higher education may be designated as a space grant college unless the 

34 Administrator finds that such institution— 

35 (A) is maintaining a balanced program of research, education, 

36 training, and advisory services in fields related to space; 

37 (B) will act in accordance with such guidelines as are prescribed 

38 under subsection (b)(2); and 

39 (C) meets such other qualifications as the Administrator con40 siders necessary or appropriate. 


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1 (3) SPACE GRANT REGIONAL CONSORTIUM REQUIREMENTS.—No as2 sociation or other alliance of 2 or more persons may be designated as 

3 a space grant regional consortium unless the Administrator finds that 

4 such association or alliance— 

5 (A) is established for the purpose of sharing expertise, research, 

6 educational facilities or training facilities, and other capabilities in 

7 order to facilitate research, education, training, and advisory serv8 ices in any field related to space; 

9 (B) will encourage and follow a regional approach to solving 

10 problems or meeting needs relating to space, in cooperation with 

11 appropriate space grant colleges, space grant programs, and other 

12 persons in the region; 

13 (C) will act in accordance with such guidelines as are prescribed 

14 under subsection (b)(2); and 

15 (D) meets such other qualifications as the Administrator con16 siders necessary or appropriate. 

17 (b) QUALIFICATIONS AND GUIDELINES.—The Administrator shall by reg18 ulation prescribe— 

19 (1) the qualifications required to be met under paragraphs (2)(C) 

20 and (3)(D) of subsection (a); and 

21 (2) guidelines relating to the activities and responsibilities of space 

22 grant colleges and space grant regional consortia. 

23 (c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Administrator 

24 may, for cause and after an opportunity for hearing, suspend or terminate 

25 any designation under subsection (a). 

26 § 40307. Space grant fellowship program 

27 (a) AWARD OF FELLOWSHIPS.—The Administrator shall support a space 

28 grant fellowship program to provide educational and training assistance to 

29 qualified individuals at the graduate level of education in fields related to 

30 space. Such fellowships shall be awarded pursuant to guidelines established 

31 by the Administrator. Space grant fellowships shall be awarded to individ32 uals at space grant colleges, space grant regional consortia, other colleges 

33 and institutions of higher education, professional associations, and institutes 

34 in such a manner as to ensure wide geographic and institutional diversity 

35 in the pursuit of research under the fellowship program. 

36 (b) LIMITATION ON AMOUNT PROVIDED.—The total amount which may 

37 be provided for grants under the space grant fellowship program during any 

38 fiscal year shall not exceed an amount equal to 50 percent of the total funds 

39 appropriated for such year pursuant to this chapter. 

40 (c) AUTHORITY TO SPONSOR OTHER RESEARCH FELLOWSHIP PROGRAMS

41 UNAFFECTED.—Nothing in this section shall be construed to prohibit the 


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1 Administrator from sponsoring any research fellowship program, including 

2 any special emphasis program, which is established under an authority other 

3 than this chapter. 

4 § 40308. Space grant review panel 

5 (a) ESTABLISHMENT.—The Administrator shall establish an independent 

6 committee known as the space grant review panel, which shall not be subject 

7 to the provisions of the Federal Advisory Committee Act (5 App. U.S.C.). 

8 (b) DUTIES.—The panel shall take such steps as may be necessary to re9 view, and shall advise the Administrator with respect to— 

10 (1) applications or proposals for, and performance under, grants and 

11 contracts awarded pursuant to sections 40304 and 40305 of this title; 

12 (2) the space grant fellowship program; 

13 (3) the designation and operation of space grant colleges and space 

14 grant regional consortia, and the operation of space grant and fellow15 ship programs; 

16 (4) the formulation and application of the planning guidelines and 

17 priorities pursuant to subsections (a) and (b)(1) of section 40303 of 

18 this title; and 

19 (5) such other matters as the Administrator refers to the panel for 

20 review and advice. 

21 (c) PERSONNEL AND ADMINISTRATIVE SERVICES.—The Administrator 

22 shall make available to the panel any information, personnel, and adminis23 trative services and assistance which is reasonable to carry out the duties 

24 of the panel. 

25 (d) MEMBERS.— 

26 (1) APPOINTMENT.—The Administrator shall appoint the voting 

27 members of the panel. A majority of the voting members shall be indi28 viduals who, by reason of knowledge, experience, or training, are espe29 cially qualified in one or more of the disciplines and fields related to 

30 space. The other voting members shall be individuals who, by reason 

31 of knowledge, experience, or training, are especially qualified in, or rep32 resentative of, education, extension services, State government, indus33 try, economics, planning, or any other activity related to efforts to en34 hance the understanding, assessment, development, or utilization of 

35 space resources. The Administrator shall consider the potential conflict 

36 of interest of any individual in making appointments to the panel. 

37 (2) CHAIRMAN AND VICE CHAIRMAN.—The Administrator shall select 

38 one voting member to serve as the Chairman and another voting mem39 ber to serve as the Vice Chairman. The Vice Chairman shall act as 

40 Chairman in the absence or incapacity of the Chairman. 


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1 (3) REIMBURSEMENT FOR EXPENSES.—Voting members of the panel 

2 who are not Federal employees shall be reimbursed for actual and rea3 sonable expenses incurred in the performance of such duties. 

4 (4) MEETINGS.—The panel shall meet on a biannual basis and, at 

5 any other time, at the call of the Chairman or upon the request of a 

6 majority of the voting members or of the Administrator. 

7 (5) POWERS.—The panel may exercise such powers as are reasonably 

8 necessary in order to carry out the duties enumerated in subsection (b). 

9 § 40309. Availability of other Federal personnel and data 

10 Each department, agency, or other instrumentality of the Federal Govern11 ment that is engaged in or concerned with, or that has authority over, mat12 ters relating to space— 

13 (1) may, upon a written request from the Administrator, make avail14 able, on a reimbursable basis or otherwise, any personnel (with their 

15 consent and without prejudice to their position and rating), service, or 

16 facility which the Administrator considers necessary to carry out any 

17 provision of this chapter; 

18 (2) may, upon a written request from the Administrator, furnish any 

19 available data or other information which the Administrator considers 

20 necessary to carry out any provision of this chapter; and 

21 (3) may cooperate with the Administration. 

22 § 40310. Designation or award to be on competitive basis 

23 The Administrator shall not under this chapter designate any space grant 

24 college or space grant regional consortium or award any fellowship, grant, 

25 or contract unless such designation or award is made in accordance with 

26 the competitive, merit-based review process employed by the Administration 

27 on October 30, 1987. 

28 § 40311. Continuing emphasis 

29 The Administration shall continue its emphasis on the importance of edu30 cation to expand opportunities for Americans to understand and participate 

31 in the Administration’s aeronautics and space projects by supporting and 

32 enhancing science and engineering education, research, and public outreach 

33 efforts. 

34 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. 


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1 § 40501. Biomedical research joint working group 

2 (a) ESTABLISHMENT.—The Administrator and the Director of the Na3 tional Institutes of Health shall jointly establish a working group to coordi4 nate biomedical research activities in areas where a microgravity environ5 ment may contribute to significant progress in the understanding and treat6 ment of diseases and other medical conditions. The joint working group 

7 shall formulate joint and complementary programs in such areas of re8 search. 

9 (b) MEMBERSHIP.—The joint working group shall include equal represen10 tation from the Administration and the National Institutes of Health, and 

11 shall include representation from National Institutes of Health councils, as 

12 selected by the Director of the National Institutes of Health, and from the 

13 National Aeronautics and Space Administration Advisory Council. 

14 (c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—The joint working 

15 group shall organize annual symposia on biomedical research described in 

16 subsection (a) under the joint sponsorship of the Administration and the 

17 National Institutes of Health. 

18 (d) ANNUAL REPORTING REQUIREMENT.—The joint working group shall 

19 report annually to Congress on its progress in carrying out this section. 

20 § 40502. Biomedical research grants 

21 (a) ESTABLISHMENT OF PROGRAM.—The Administrator and the Director 

22 of the National Institutes of Health shall establish a joint program of bio23 medical research grants in areas described in section 40501(a) of this title, 

24 where such research requires access to a microgravity environment. Such 

25 program shall be consistent with actions taken by the joint working group 

26 under section 40501 of this title. 

27 (b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—The grants program 

28 established under subsection (a) shall annually issue joint research oppor29 tunity announcements under the sponsorship of the National Institutes of 

30 Health and the Administration. Responses to the announcements shall be 

31 evaluated by a peer review committee whose members shall be selected by 

32 the Director of the National Institutes of Health and the Administrator, 

33 and shall include individuals not employed by the Administration or the Na34 tional Institutes of Health. 

35 § 40503. Biomedical research fellowships 

36 The Administrator and the Director of the National Institutes of Health 

37 shall create a joint program of graduate research fellowships in biomedical 

38 research described in section 40501(a) of this title. Fellowships under such 

39 program may provide for participation in approved research conferences and 

40 symposia. 


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1 § 40504. Establishment of electronic data archive 

2 The Administrator shall create and maintain a national electronic data 

3 archive for biomedical research data obtained from space-based experiments. 

4 § 40505. Establishment of emergency medical service tele5 medicine capability 

6 The Administrator, the Administrator of the Federal Emergency Manage7 ment Agency, the Director of the Office of Foreign Disaster Assistance, and 

8 the Surgeon General of the United States shall jointly create and maintain 

9 an international telemedicine satellite consultation capability to support 

10 emergency medical services in disaster-stricken areas. 

11 CHAPTER 407—ENVIRONMENTALLY FRIENDLY 

12 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. 

13 § 40701. Research and development initiative 

14 The Administrator may establish an initiative with the objective of devel15 oping, and demonstrating in a relevant environment, technologies to enable 

16 the following commercial aircraft performance characteristics: 

17 (1) NOISE LEVELS.—Noise levels on takeoff and on airport approach 

18 and landing that do not exceed ambient noise levels in the absence of 

19 flight operations in the vicinity of airports from which such commercial 

20 aircraft would normally operate. 

21 (2) ENERGY CONSUMPTION.—Twenty-five percent reduction in the 

22 energy required for medium- to long-range flights, compared to aircraft 

23 in commercial service as of December 30, 2005. 

24 (3) EMISSIONS.—Nitrogen oxides on take-off and landing that are 

25 significantly reduced, without adversely affecting hydrocarbons and 

26 smoke, relative to aircraft in commercial service as of December 30, 

27 2005. 

28 § 40702. Additional research and development initiative 

29 The Administrator shall establish an initiative involving the Administra30 tion, universities, industry, and other research organizations as appropriate, 

31 of research, development, and demonstration, in a relevant environment, of 

32 technologies to enable the following commercial aircraft performance charac33 teristics: 

34 (1) NOISE LEVELS.—Noise levels on takeoff and on airport approach 

35 and landing that do not exceed ambient noise levels in the absence of 

36 flight operations in the vicinity of airports from which such commercial 

37 aircraft would normally operate, without increasing energy consumption 


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1 or nitrogen oxide emissions compared to aircraft in commercial service 

2 as of October 15, 2008. 

3 (2) GREENHOUSE GAS EMISSIONS.—Significant reductions in green4 house gas emissions compared to aircraft in commercial services as of 

5 October 15, 2008. 

6 § 40703. Research alignment 

7 In addition to pursuing the research and development initiative described 

8 in section 40702 of this title, the Administrator shall, to the maximum ex9 tent practicable within available funding, align the fundamental aeronautics 

10 research program to address high priority technology challenges of the Na11 tional Academies’ Decadal Survey of Civil Aeronautics, and shall work to 

12 increase the degree of involvement of external organizations, and especially 

13 of universities, in the fundamental aeronautics research program. 

14 § 40704. Research program on perceived impact of sonic 

15 booms 

16 (a) ESTABLISHMENT.—The Administrator shall establish a cooperative 

17 research program with industry, including the conduct of flight demonstra18 tions in a relevant environment, to collect data on the perceived impact of 

19 sonic booms. The data could enable the promulgation of appropriate stand20 ards for overland commercial supersonic flight operations. 

21 (b) COORDINATION.—The Administrator shall ensure that sonic boom re22 search is coordinated as appropriate with the Administrator of the Federal 

23 Aviation Administration, and as appropriate make use of the expertise of 

24 the Partnership for Air Transportation Noise and Emissions Reduction 

25 Center of Excellence sponsored by the Administration and the Federal Avia26 tion Administration. 

27 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. 

28 § 40901. Science, Space, and Technology Education Trust 

29 Fund 

30 There is appropriated, by transfer from funds appropriated in the De31 partment of Housing and Urban Development—Independent Agencies Ap32 propriations Act, 1989 (Public Law 100–404, 102 Stat. 1014), for ‘‘ConVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 struction of facilities’’, the sum of $15,000,000 to the ‘‘Science, Space, and 

2 Technology Education Trust Fund’’, which is hereby established in the 

3 Treasury of the United States. The Secretary of the Treasury shall invest 

4 these funds in the United States Treasury special issue securities, and inter5 est shall be credited to the Trust Fund on a quarterly basis. Such interest 

6 shall be available for the purpose of making grants for programs directed 

7 at improving science, space, and technology education in the United States. 

8 The Administrator, after consultation with the Director of the National 

9 Science Foundation, shall review applications made for such grants and de10 termine the distribution of available funds on a competitive basis. Grants 

11 shall be made available to any awardee only to the extent that the awardee 

12 provides matching funds from non-Federal sources to carry out the program 

13 for which grants from this Trust Fund are made. Of the funds made avail14 able by this Trust Fund, $250,000 shall be disbursed each calendar quarter 

15 to the Challenger Center for Space Science Education. The Administrator 

16 shall submit to Congress an annual report on the grants made pursuant to 

17 this section. 

18 § 40902. National Aeronautics and Space Administration En19 deavor Teacher Fellowship Trust Fund 

20 (a) ESTABLISHMENT.—There is established in the Treasury of the United 

21 States, in tribute to the dedicated crew of the Space Shuttle Challenger, a 

22 trust fund to be known as the National Aeronautics and Space Administra23 tion Endeavor Teacher Fellowship Trust Fund (hereafter in this section re24 ferred to as the ‘‘Trust Fund’’). The Trust Fund shall consist of amounts 

25 which may from time to time, at the discretion of the Administrator, be 

26 transferred from the National Aeronautics and Space Administration Gifts 

27 and Donations Trust Fund. 

28 (b) INVESTMENT OF TRUST FUND.—The Administrator shall direct the 

29 Secretary of the Treasury to invest and reinvest funds in the Trust Fund 

30 in public debt securities with maturities suitable for the needs of the Trust 

31 Fund, and bearing interest at rates determined by the Secretary of the 

32 Treasury, taking into consideration the current average market yield on out33 standing marketable obligations of the United States of comparable matu34 rities. Interest earned shall be credited to the Trust Fund. 

35 (c) PURPOSE.—Income accruing from the Trust Fund principal shall be 

36 used to create the National Aeronautics and Space Administration Endeavor 

37 Teacher Fellowship Program, to the extent provided in advance in appro38 priation Acts. The Administrator is authorized to use such funds to award 

39 fellowships to selected United States nationals who are undergraduate stu40 dents pursuing a course of study leading to certified teaching degrees in ele41 mentary education or in secondary education in mathematics, science, or 


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1 technology disciplines. Awards shall be made pursuant to standards estab2 lished for the fellowship program by the Administrator. 

3 § 40903. Experimental Program to Stimulate Competitive 

4 Research—merit grant competition requirements 

5 (a) DEFINITION OF ELIGIBLE STATE.—In this section, the term ‘‘eligible 

6 State’’ means a State designated by the Administrator as eligible to compete 

7 in the National Science Foundation’s Experimental Program to Stimulate 

8 Competitive Research. 

9 (b) COMPETITION.—Making use of the existing infrastructure established 

10 in eligible States by the National Science Foundation, the Administrator 

11 shall conduct a merit grant competition among the eligible States in areas 

12 of research important to the mission of the Administration. With respect to 

13 a grant application by an eligible State, the Administrator shall consider— 

14 (1) the application’s merit and relevance to the mission of the Ad15 ministration; 

16 (2) the potential for the grant to serve as a catalyst to enhance the 

17 ability of researchers in the State to become more competitive for reg18 ular Administration funding; 

19 (3) the potential for the grant to improve the environment for 

20 science, mathematics, and engineering education in the State; and 

21 (4) the need to ensure the maximum distribution of grants among 

22 eligible States, consistent with merit. 

23 (c) SUPPLEMENTAL GRANTS.—The Administrator shall endeavor, where 

24 appropriate, to supplement grants made under subsection (b) with such 

25 grants for fellowships, traineeships, equipment, or instrumentation as are 

26 available. 

27 (d) INFORMATION IN ANNUAL BUDGET SUBMISSION.—In order to ensure 

28 that research expertise and talent throughout the Nation is developed and 

29 engaged in Administration research and education activities, the Adminis30 tration shall, as part of its annual budget submission, detail additional steps 

31 that can be taken to further integrate the participating eligible States in 

32 both existing and new or emerging Administration research programs and 

33 center activities. 

34 § 40904. Microgravity research 

35 The Administrator shall— 

36 (1) ensure the capacity to support ground-based research leading to 

37 space-based basic and applied scientific research in a variety of dis38 ciplines with potential direct national benefits and applications that can 

39 be advanced significantly from the uniqueness of microgravity and the 

40 space environment; and 


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1 (2) carry out, to the maximum extent practicable, basic, applied, and 

2 commercial International Space Station research in fields such as mo3 lecular crystal growth, animal research, basic fluid physics, combustion 

4 research, cellular biotechnology, low-temperature physics, and cellular 

5 research at a level that will sustain the existing United States scientific 

6 expertise and research capability in microgravity research. 

7 § 40905. Program to expand distance learning in rural un8 derserved areas 

9 (a) IN GENERAL.—The Administrator shall develop or expand programs 

10 to extend science and space educational outreach to rural communities and 

11 schools through video conferencing, interpretive exhibits, teacher education, 

12 classroom presentations, and student field trips. 

13 (b) PRIORITIES.—In carrying out subsection (a), the Administrator shall 

14 give priority to existing programs, including Challenger Learning Centers— 

15 (1) that utilize community-based partnerships in the field; 

16 (2) that build and maintain video conference and exhibit capacity; 

17 (3) that travel directly to rural communities and serve low-income 

18 populations; and 

19 (4) with a special emphasis on increasing the number of women and 

20 minorities in the science and engineering professions. 

21 § 40906. Equal access to the Administration’s education pro22 grams 

23 (a) IN GENERAL.—The Administrator shall strive to ensure equal access 

24 for minority and economically disadvantaged students to the Administra25 tion’s education programs. 

26 (b) REPORT.—Every 2 years, the Administrator shall submit a report to 

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

28 and the Committee on Commerce, Science, and Transportation of the Sen29 ate describing the efforts by the Administrator to ensure equal access for 

30 minority and economically disadvantaged students under this section and 

31 the results of such efforts. As part of the report, the Administrator shall 

32 provide— 

33 (1) data on minority participation in the Administration’s education 

34 programs, at a minimum in the categories of— 

35 (A) elementary and secondary education; 

36 (B) undergraduate education; and 

37 (C) graduate education; and 

38 (2) the total value of grants the Administration made to Historically 

39 Black Colleges and Universities and to Hispanic Serving Institutions 

40 through education programs during the period covered by the report. 


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1 (c) PROGRAM.—The Administrator shall establish the Dr. Mae C. 

2 Jemison Grant Program to work with Minority Serving Institutions to bring 

3 more women of color into the field of space and aeronautics. 

4 § 40907. Museums 

5 The Administrator may provide grants to, and enter into cooperative 

6 agreements with, museums and planetariums to enable them to enhance 

7 programs related to space exploration, aeronautics, space science, Earth 

8 science, or microgravity. 

9 § 40908. Continuation of certain education programs 

10 From amounts appropriated to the Administration for education pro11 grams, the Administrator shall ensure the continuation of the Space Grant 

12 Program, the Experimental Program to Stimulate Competitive Research, 

13 and, consistent with the results of the review under section 614 of the Na14 tional Aeronautics and Space Administration Authorization Act of 2005 

15 (Public Law 109–155, 119 Stat. 2933), the Administration Explorer School 

16 program, to motivate and develop the next generation of explorers. 

17 § 40909. Compliance with title IX of Education Amendments 

18 of 1972 

19 To comply with title IX of the Education Amendments of 1972 (20 

20 U.S.C. 1681 et seq.), the Administrator shall conduct compliance reviews 

21 of at least 2 grantees annually. 

22 Subtitle V—Programs Targeting 

23 Commercial Opportunities 

24 CHAPTER 501—SPACE COMMERCE 

SUBCHAPTER I—GENERAL 

Sec. 

50101. Definitions. 

SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES 

50111. Commercialization of Space Station. 

50112. Promotion of United States Global Positioning System standards. 

50113. Acquisition of space science data. 

50114. Administration of commercial space centers. 

50115. Sources of Earth science data. 

50116. Commercial technology transfer program. 

SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION 

SERVICES 

50131. Requirement to procure commercial space transportation services. 

50132. Acquisition of commercial space transportation services. 

50133. Shuttle privatization. 

50134. Use of excess intercontinental ballistic missiles. 

25 SUBCHAPTER I—GENERAL 

26 § 50101. Definitions 

27 In this chapter: 


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1 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

2 means any person providing space transportation services or other 

3 space-related activities, primary control of which is held by persons 

4 other than Federal, State, local, and foreign governments. 

5 (2) PAYLOAD.—The term ‘‘payload’’ means anything that a person 

6 undertakes to transport to, from, or within outer space, or in suborbital 

7 trajectory, by means of a space transportation vehicle, but does not in8 clude the space transportation vehicle itself except for its components 

9 which are specifically designed or adapted for that payload. 

10 (3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related activi11 ties’’ includes research and development, manufacturing, processing, 

12 service, and other associated and support activities. 

13 (4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space transpor14 tation services’’ means the preparation of a space transportation vehicle 

15 and its payloads for transportation to, from, or within outer space, or 

16 in suborbital trajectory, and the conduct of transporting a payload to, 

17 from, or within outer space, or in suborbital trajectory. 

18 (5) SPACE TRANSPORTATION VEHICLE.—The term ‘‘space transpor19 tation vehicle’’ means any vehicle constructed for the purpose of oper20 ating in, or transporting a payload to, from, or within, outer space, or 

21 in suborbital trajectory, and includes any component of such vehicle not 

22 specifically designed or adapted for a payload. 

23 (6) STATE.—The term ‘‘State’’ means each of the several States of 

24 the Union, the District of Columbia, the Commonwealth of Puerto 

25 Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth 

26 of the Northern Mariana Islands, and any other commonwealth, terri27 tory, or possession of the United States. 

28 (7) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 

29 States commercial provider’’ means a commercial provider, organized 

30 under the laws of the United States or of a State, that is— 

31 (A) more than 50 percent owned by United States nationals; or 

32 (B) a subsidiary of a foreign company and the Secretary of 

33 Transportation finds that— 

34 (i) such subsidiary has in the past evidenced a substantial 

35 commitment to the United States market through— 

36 (I) investments in the United States in long-term re37 search, development, and manufacturing (including the 

38 manufacture of major components and subassemblies); 

39 and 

40 (II) significant contributions to employment in the 

41 United States; and 


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1 (ii) the country or countries in which such foreign company 

2 is incorporated or organized, and, if appropriate, in which it 

3 principally conducts its business, affords reciprocal treatment 

4 to companies described in subparagraph (A) comparable to 

5 that afforded to such foreign company’s subsidiary in the 

6 United States, as evidenced by— 

7 (I) providing comparable opportunities for companies 

8 described in subparagraph (A) to participate in Govern9 ment-sponsored research and development similar to that 

10 authorized under this chapter; 

11 (II) providing no barriers, to companies described in 

12 subparagraph (A) with respect to local investment oppor13 tunities, that are not provided to foreign companies in 

14 the United States; and 

15 (III) providing adequate and effective protection for 

16 the intellectual property rights of companies described in 

17 subparagraph (A). 

18 SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 

19 OPPORTUNITIES 

20 § 50111. Commercialization of Space Station 

21 (a) POLICY.—Congress declares that a priority goal of constructing the 

22 International Space Station is the economic development of Earth orbital 

23 space. Congress further declares that free and competitive markets create 

24 the most efficient conditions for promoting economic development, and 

25 should therefore govern the economic development of Earth orbital space. 

26 Congress further declares that the use of free market principles in oper27 ating, servicing, allocating the use of, and adding capabilities to the Space 

28 Station, and the resulting fullest possible engagement of commercial pro29 viders and participation of commercial users, will reduce Space Station oper30 ational costs for all partners and the Federal Government’s share of the 

31 United States burden to fund operations. 

32 (b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.— 

33 (1) IN GENERAL.—In order to stimulate commercial use of space, 

34 help maximize the utility and productivity of the International Space 

35 Station, and enable a commercial means of providing crew transfer and 

36 crew rescue services for the International Space Station, the Adminis37 tration shall— 

38 (A) make use of United States commercially provided Inter39 national Space Station crew transfer and crew rescue services to 

40 the maximum extent practicable, if those commercial services have 

41 demonstrated the capability to meet Administration-specified asVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 cent, entry, and International Space Station proximity operations 

2 safety requirements; 

3 (B) limit, to the maximum extent practicable, the use of the 

4 Crew Exploration Vehicle to missions carrying astronauts beyond 

5 low Earth orbit once commercial crew transfer and crew rescue 

6 services that meet safety requirements become operational; 

7 (C) facilitate, to the maximum extent practicable, the transfer 

8 of Administration-developed technologies to potential United 

9 States commercial crew transfer and rescue service providers, con10 sistent with United States law; and 

11 (D) issue a notice of intent, not later than 180 days after Octo12 ber 15, 2008, to enter into a funded, competitively awarded Space 

13 Act Agreement with 2 or more commercial entities for a Phase 1 

14 Commercial Orbital Transportation Services crewed vehicle dem15 onstration program. 

16 (2) CONGRESSIONAL INTENT.—It is the intent of Congress that 

17 funding for the program described in paragraph (1)(D) shall not come 

18 at the expense of full funding of the amounts authorized under section 

19 101(3)(A) of the National Aeronautics and Space Administration Au20 thorization Act of 2008 (Public Law 110–422, 122 Stat. 4783), and 

21 for future fiscal years, for Orion Crew Exploration Vehicle develop22 ment, Ares I Crew Launch Vehicle development, or International Space 

23 Station cargo delivery. 

24 (3) ADDITIONAL TECHNOLOGIES.—The Administration shall make 

25 International Space Station-compatible docking adaptors and other rel26 evant technologies available to the commercial crew providers selected 

27 to service the International Space Station. 

28 (4) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.—If 

29 a commercial provider demonstrates the capability to provide Inter30 national Space Station crew transfer and crew rescue services and to 

31 satisfy Administration ascent, entry, and International Space Station 

32 proximity operations safety requirements, the Administration shall 

33 enter into an International Space Station crew transfer and crew res34 cue services contract with that commercial provider for a portion of the 

35 Administration’s anticipated International Space Station crew transfer 

36 and crew rescue requirements from the time the commercial provider 

37 commences operations under contract with the Administration through 

38 calendar year 2016, with an option to extend the period of performance 

39 through calendar year 2020. 


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1 § 50112. Promotion of United States Global Positioning Sys2 tem standards 

3 In order to support and sustain the Global Positioning System in a man4 ner that will most effectively contribute to the national security, public safe5 ty, scientific, and economic interests of the United States, Congress encour6 ages the President to— 

7 (1) ensure the operation of the Global Positioning System on a con8 tinuous worldwide basis free of direct user fees; 

9 (2) enter into international agreements that promote cooperation 

10 with foreign governments and international organizations to— 

11 (A) establish the Global Positioning System and its augmenta12 tions as an acceptable international standard; and 

13 (B) eliminate any foreign barriers to applications of the Global 

14 Positioning System worldwide; and 

15 (3) provide clear direction and adequate resources to the Assistant 

16 Secretary of Commerce for Communications and Information so that 

17 on an international basis the Assistant Secretary can— 

18 (A) achieve and sustain efficient management of the electro19 magnetic spectrum used by the Global Positioning System; and 

20 (B) protect that spectrum from disruption and interference. 

21 § 50113. Acquisition of space science data 

22 (a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the term 

23 ‘‘space science data’’ includes scientific data concerning— 

24 (1) the elemental and mineralogical resources of the moon, asteroids, 

25 planets and their moons, and comets; 

26 (2) microgravity acceleration; and 

27 (3) solar storm monitoring. 

28 (b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Administrator 

29 shall, to the extent possible and while satisfying the scientific or educational 

30 requirements of the Administration, and where appropriate, of other Federal 

31 agencies and scientific researchers, acquire, where cost effective, space 

32 science data from a commercial provider. 

33 (c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM UNDER

34 ACQUISITION LAWS.—Acquisitions of space science data by the Adminis35 trator shall be carried out in accordance with applicable acquisition laws 

36 and regulations (including chapters 137 and 140 of title 10). For purposes 

37 of such law and regulations, space science data shall be considered to be 

38 a commercial item. Nothing in this subsection shall be construed to preclude 

39 the United States from acquiring, through contracts with commercial pro40 viders, sufficient rights in data to meet the needs of the scientific and edu41 cational community or the needs of other government activities. 


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1 (d) SAFETY STANDARDS.—Nothing in this section shall be construed to 

2 prohibit the Federal Government from requiring compliance with applicable 

3 safety standards. 

4 (e) LIMITATION.—This section does not authorize the Administration to 

5 provide financial assistance for the development of commercial systems for 

6 the collection of space science data. 

7 § 50114. Administration of commercial space centers 

8 The Administrator shall administer the Commercial Space Center pro9 gram in a coordinated manner from Administration headquarters in Wash10 ington, D.C. 

11 § 50115. Sources of Earth science data 

12 (a) ACQUISITION.—The Administrator shall, to the extent possible and 

13 while satisfying the scientific or educational requirements of the Administra14 tion, and where appropriate, of other Federal agencies and scientific re15 searchers, acquire, where cost-effective, space-based and airborne Earth re16 mote sensing data, services, distribution, and applications from a commer17 cial provider. 

18 (b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Ac19 quisitions by the Administrator of the data, services, distribution, and appli20 cations referred to in subsection (a) shall be carried out in accordance with 

21 applicable acquisition laws and regulations (including chapters 137 and 140 

22 of title 10). For purposes of such law and regulations, such data, services, 

23 distribution, and applications shall be considered to be a commercial item. 

24 Nothing in this subsection shall be construed to preclude the United States 

25 from acquiring, through contracts with commercial providers, sufficient 

26 rights in data to meet the needs of the scientific and educational community 

27 or the needs of other government activities. 

28 (c) SAFETY STANDARDS.—Nothing in this section shall be construed to 

29 prohibit the Federal Government from requiring compliance with applicable 

30 safety standards. 

31 (d) ADMINISTRATION AND EXECUTION.—This section shall be carried out 

32 as part of the Commercial Remote Sensing Program at the Stennis Space 

33 Center. 

34 § 50116. Commercial technology transfer program 

35 (a) IN GENERAL.—The Administrator shall execute a commercial tech36 nology transfer program with the goal of facilitating the exchange of serv37 ices, products, and intellectual property between the Administration and the 

38 private sector. This program shall place at least as much emphasis on en39 couraging the transfer of Administration technology to the private sector 

40 (‘‘spinning out’’) as on encouraging use of private sector technology by the 

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1 vides clear benefits for the Administration, the domestic economy, and the 

2 research community. 

3 (b) PROGRAM STRUCTURE.—In carrying out the program described in 

4 subsection (a), the Administrator shall provide program participants with at 

5 least 45 days notice of any proposed changes to the structure of the Admin6 istration’s technology transfer and commercialization organizations that is 

7 in effect as of December 30, 2005. 

8 SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE 

9 TRANSPORTATION SERVICES 

10 § 50131. Requirement to procure commercial space trans11 portation services 

12 (a) IN GENERAL.—Except as otherwise provided in this section, the Fed13 eral Government shall acquire space transportation services from United 

14 States commercial providers whenever such services are required in the 

15 course of its activities. To the maximum extent practicable, the Federal 

16 Government shall plan missions to accommodate the space transportation 

17 services capabilities of United States commercial providers. 

18 (b) EXCEPTIONS.—The Federal Government shall not be required to ac19 quire space transportation services under subsection (a) if, on a case-by-case 

20 basis, the Administrator or, in the case of a national security issue, the Sec21 retary of the Air Force, determines that— 

22 (1) a payload requires the unique capabilities of the space shuttle; 

23 (2) cost effective space transportation services that meet specific 

24 mission requirements would not be reasonably available from United 

25 States commercial providers when required; 

26 (3) the use of space transportation services from United States com27 mercial providers poses an unacceptable risk of loss of a unique sci28 entific opportunity; 

29 (4) the use of space transportation services from United States com30 mercial providers is inconsistent with national security objectives; 

31 (5) the use of space transportation services from United States com32 mercial providers is inconsistent with international agreements for 

33 international collaborative efforts relating to science and technology; 

34 (6) it is more cost effective to transport a payload in conjunction 

35 with a test or demonstration of a space transportation vehicle owned 

36 by the Federal Government; or 

37 (7) a payload can make use of the available cargo space on a space 

38 shuttle mission as a secondary payload, and such payload is consistent 

39 with the requirements of research, development, demonstration, sci40 entific, commercial, and educational programs authorized by the Ad41 ministrator. 


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1 (c) AGREEMENTS WITH FOREIGN ENTITIES.—Nothing in this section 

2 shall prevent the Administrator from planning or negotiating agreements 

3 with foreign entities for the launch of Federal Government payloads for 

4 international collaborative efforts relating to science and technology. 

5 (d) DELAYED EFFECT.—Subsection (a) shall not apply to space transpor6 tation services and space transportation vehicles acquired or owned by the 

7 Federal Government before October 28, 1998, or with respect to which a 

8 contract for such acquisition or ownership has been entered into before Oc9 tober 28, 1998. 

10 (e) HISTORICAL PURPOSES.—This section shall not be construed to pro11 hibit the Federal Government from acquiring, owning, or maintaining space 

12 transportation vehicles solely for historical display purposes. 

13 § 50132. Acquisition of commercial space transportation 

14 services 

15 (a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES AS

16 COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions of space 

17 transportation services by the Federal Government shall be carried out in 

18 accordance with applicable acquisition laws and regulations (including chap19 ters 137 and 140 of title 10). For purposes of such law and regulations, 

20 space transportation services shall be considered to be a commercial item. 

21 (b) SAFETY STANDARDS.—Nothing in this section shall be construed to 

22 prohibit the Federal Government from requiring compliance with applicable 

23 safety standards. 

24 § 50133. Shuttle privatization 

25 The Administrator shall prepare for an orderly transition from the Fed26 eral operation, or Federal management of contracted operation, of space 

27 transportation systems to the Federal purchase of commercial space trans28 portation services for all nonemergency space transportation requirements 

29 for transportation to and from Earth orbit, including human, cargo, and 

30 mixed payloads. In those preparations, the Administrator shall take into ac31 count the need for short-term economies, as well as the goal of restoring 

32 the Administration’s research focus and its mandate to promote the fullest 

33 possible commercial use of space. As part of those preparations, the Admin34 istrator shall plan for the potential privatization of the space shuttle pro35 gram. Such plan shall keep safety and cost effectiveness as high priorities. 

36 Nothing in this section shall prohibit the Administration from studying, de37 signing, developing, or funding upgrades or modifications essential to the 

38 safe and economical operation of the space shuttle fleet. 

39 § 50134. Use of excess intercontinental ballistic missiles 

40 (a) IN GENERAL.—The Federal Government shall not— 


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1 (1) convert any missile described in subsection (c) to a space trans2 portation vehicle configuration; or 

3 (2) transfer ownership of any such missile to another person, except 

4 as provided in subsection (b). 

5 (b) AUTHORIZED FEDERAL USES.— 

6 (1) IN GENERAL.—A missile described in subsection (c) may be con7 verted for use as a space transportation vehicle by the Federal Govern8 ment if, except as provided in paragraph (2) and at least 30 days be9 fore such conversion, the agency seeking to use the missile as a space 

10 transportation vehicle transmits to the Committee on Armed Services 

11 and the Committee on Science and Technology of the House of Rep12 resentatives, and to the Committee on Armed Services and the Com13 mittee on Commerce, Science, and Transportation of the Senate, a cer14 tification that the use of such missile— 

15 (A) would result in cost savings to the Federal Government 

16 when compared to the cost of acquiring space transportation serv17 ices from United States commercial providers; 

18 (B) meets all mission requirements of the agency, including per19 formance, schedule, and risk requirements; 

20 (C) is consistent with international obligations of the United 

21 States; and 

22 (D) is approved by the Secretary of Defense or the designee of 

23 the Secretary of Defense. 

24 (2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE TRANS25 MITTED 30 DAYS BEFORE CONVERSION.—The requirement under para26 graph (1) that the certification described in that paragraph must be 

27 transmitted at least 30 days before conversion of the missile shall not 

28 apply if the Secretary of Defense determines that compliance with that 

29 requirement would be inconsistent with meeting immediate national se30 curity requirements. 

31 (c) MISSILES REFERRED TO.—The missiles referred to in this section are 

32 missiles owned by the United States that— 

33 (1) were formerly used by the Department of Defense for national 

34 defense purposes as intercontinental ballistic missiles; and 

35 (2) have been declared excess to United States national defense 

36 needs and are in compliance with international obligations of the 

37 United States. 

38 CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 

39 TRANSPORTATION 

Sec. 


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50301. Definitions. 

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

1 § 50301. Definitions 

2 In this chapter: 

3 (1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

4 means any person or entity providing commercial reusable in-orbit 

5 space transportation services or systems, primary control of which is 

6 held by persons other than the Federal Government, a State or local 

7 government, or a foreign government. 

8 (2) IN-SPACE TRANSPORTATION SERVICES.—The term ‘‘in-space 

9 transportation services’’ means operations and activities involved in the 

10 direct transportation or attempted transportation of a payload or object 

11 from one orbit to another by means of an in-space transportation vehi12 cle. 

13 (3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space trans14 portation system’’ means the space and ground elements, including in15 space transportation vehicles and support space systems, and ground 

16 administration and control facilities and associated equipment, nec17 essary for the provision of in-space transportation services. 

18 (4) IN-SPACE TRANSPORTATION VEHICLE.—The term ‘‘in-space 

19 transportation vehicle’’ means a vehicle designed— 

20 (A) to be based and operated in space; 

21 (B) to transport various payloads or objects from one orbit to 

22 another orbit; and 

23 (C) to be reusable and refueled in space. 

24 (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De25 fense. 

26 (6) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 

27 States commercial provider’’ means any commercial provider organized 

28 under the laws of the United States that is more than 50 percent 

29 owned by United States nationals. 

30 § 50302. Loan guarantees for production of commercial reus31 able in-space transportation 

32 (a) AUTHORITY TO MAKE LOAN GUARANTEES.—The Secretary may 

33 guarantee loans made to eligible United States commercial providers for 

34 purposes of producing commercial reusable in-space transportation services 

35 or systems. 

36 (b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Secretary 

37 shall prescribe requirements for the eligibility of United States commercial 

38 providers for loan guarantees under this section. Such requirements shall 

39 ensure that eligible providers are financially capable of undertaking a loan 

40 guaranteed under this section. 


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1 (c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not guar2 antee a loan for a United States commercial provider under this section un3 less the Secretary determines that credit would not otherwise be reasonably 

4 available at the time of the guarantee for the commercial reusable in-space 

5 transportation service or system to be produced utilizing the proceeds of the 

6 loan. 

7 (d) CREDIT SUBSIDY.— 

8 (1) COLLECTION REQUIRED.—The Secretary shall collect from each 

9 United States commercial provider receiving a loan guarantee under 

10 this section an amount equal to the amount, as determined by the Sec11 retary, to cover the cost, as defined in section 502(5) of the Federal 

12 Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of the loan guarantee. 

13 (2) PERIODIC DISBURSEMENTS.—In the case of a loan guarantee in 

14 which proceeds of the loan are disbursed over time, the Secretary shall 

15 collect the amount required under this subsection on a pro rata basis, 

16 as determined by the Secretary, at the time of each disbursement. 

17 (e) OTHER TERMS AND CONDITIONS.— 

18 (1) PROHIBITION ON SUBORDINATION.—A loan guaranteed under 

19 this section may not be subordinated to another debt contracted by the 

20 United States commercial provider concerned, or to any other claims 

21 against such provider. 

22 (2) RESTRICTION ON INCOME.—A loan guaranteed under this section 

23 may not— 

24 (A) provide income which is excluded from gross income for 

25 purposes of chapter 1 of the Internal Revenue Code of 1986 (26 

26 U.S.C. 1 et seq.); or 

27 (B) provide significant collateral or security, as determined by 

28 the Secretary, for other obligations the income from which is so 

29 excluded. 

30 (3) TREATMENT OF GUARANTEE.—The guarantee of a loan under 

31 this section shall be conclusive evidence of the following: 

32 (A) That the guarantee has been properly obtained. 

33 (B) That the loan qualifies for the guarantee. 

34 (C) That, but for fraud or material misrepresentation by the 

35 holder of the loan, the guarantee is valid, legal, and enforceable. 

36 (4) OTHER TERMS AND CONDITIONS.—The Secretary may establish 

37 any other terms and conditions for a guarantee of a loan under this 

38 section as the Secretary considers appropriate to protect the financial 

39 interests of the United States. 

40 (f) ENFORCEMENT OF RIGHTS.— 


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1 (1) IN GENERAL.—The Attorney General may take any action the 

2 Attorney General considers appropriate to enforce any right accruing 

3 to the United States under a loan guarantee under this section. 

4 (2) FORBEARANCE.—The Attorney General may, with the approval 

5 of the parties concerned, forbear from enforcing any right of the 

6 United States under a loan guaranteed under this section for the ben7 efit of a United States commercial provider if such forbearance will not 

8 result in any cost, as defined in section 502(5) of the Federal Credit 

9 Reform Act of 1990 (2 U.S.C. 661a(5)), to the United States. 

10 (3) UTILIZATION OF PROPERTY.—Notwithstanding any other provi11 sion of law and subject to the terms of a loan guaranteed under this 

12 section, upon the default of a United States commercial provider under 

13 the loan, the Secretary may, at the election of the Secretary— 

14 (A) assume control of the physical asset financed by the loan; 

15 and 

16 (B) complete, recondition, reconstruct, renovate, repair, main17 tain, operate, or sell the physical asset. 

18 (g) CREDIT INSTRUMENTS.— 

19 (1) AUTHORITY TO ISSUE INSTRUMENTS.—Notwithstanding any 

20 other provision of law, the Secretary may, subject to such terms and 

21 conditions as the Secretary considers appropriate, issue credit instru22 ments to United States commercial providers of in-space transportation 

23 services or systems, with the aggregate cost (as determined under the 

24 provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 

25 seq.)) of such instruments not to exceed $1,500,000,000, but only to 

26 the extent that new budget authority to cover such costs is provided 

27 in subsequent appropriations Acts or authority is otherwise provided in 

28 subsequent appropriations Acts. 

29 (2) CREDIT SUBSIDY.—The Secretary shall provide a credit subsidy 

30 for any credit instrument issued under this subsection in accordance 

31 with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 

32 661 et seq.). 

33 (3) CONSTRUCTION.—The eligibility of a United States commercial 

34 provider of in-space transportation services or systems for a credit in35 strument under this subsection is in addition to any eligibility of such 

36 provider for a loan guarantee under other provisions of this section. 

37 CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS 

Sec. 

50501. Definitions. 

50502. Launch voucher demonstration program. 

50503. Anchor tenancy and termination liability. 

50504. Use of Government facilities. 


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50505. Test facilities. 

50506. Commercial Space Achievement Award. 

1 § 50501. Definitions 

2 In this chapter: 

3 (1) AGENCY.—The term ‘‘agency’’ means an executive agency as de4 fined in section 105 of title 5. 

5 (2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means an ar6 rangement in which the United States Government agrees to procure 

7 sufficient quantities of a commercial space product or service needed 

8 to meet Government mission requirements so that a commercial ven9 ture is made viable. 

10 (3) COMMERCIAL.—The term ‘‘commercial’’ means having— 

11 (A) private capital at risk; and 

12 (B) primary financial and management responsibility for the ac13 tivity reside with the private sector. 

14 (4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing no 

15 more than the available alternatives, determined by a comparison of all 

16 related direct and indirect costs including, in the case of Government 

17 costs, applicable Government labor and overhead costs as well as con18 tractor charges, and taking into account the ability of each alternative 

19 to accommodate mission requirements as well as the related factors of 

20 risk, reliability, schedule, and technical performance. 

21 (5) LAUNCH.—The term ‘‘launch’’ means to place, or attempt to 

22 place, a launch vehicle and its payload, if any, in a suborbital trajec23 tory, in Earth orbit in outer space, or otherwise in outer space. 

24 (6) LAUNCH SERVICES.—The term ‘‘launch services’’ means activi25 ties involved in the preparation of a launch vehicle and its payload for 

26 launch and the conduct of a launch. 

27 (7) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support fa28 cilities’’ means facilities located at launch sites or launch ranges that 

29 are required to support launch activities, including launch vehicle as30 sembly, launch vehicle operations and control, communications, flight 

31 safety functions, and payload operations, control, and processing. 

32 (8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi33 cle constructed for the purpose of operating in or placing a payload in 

34 outer space or in suborbital trajectories, and includes components of 

35 that vehicle. 

36 (9) PAYLOAD.—The term ‘‘payload’’ means an object which a person 

37 undertakes to launch, and includes subcomponents of the launch vehicle 

38 specifically designed or adapted for that object. 

39 (10) PAYLOAD INTEGRATION SERVICES.—The term ‘‘payload inte40 gration services’’ means activities involved in integrating multiple payVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 loads into a single payload for launch or integrating a payload with a 

2 launch vehicle. 

3 (11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space re4 covery support facilities’’ means facilities required to support activities 

5 related to the recovery of payloads returned from space to a space re6 covery site, including operations and control, communications, flight 

7 safety functions, and payload processing. 

8 (12) SPACE TRANSPORTATION INFRASTRUCTURE.—The term ‘‘space 

9 transportation infrastructure’’ means facilities, associated equipment, 

10 and real property (including launch sites, launch support facilities, 

11 space recovery sites, and space recovery support facilities) required to 

12 perform launch or space recovery activities. 

13 (13) STATE.—The term ‘‘State’’ means the several States, the Dis14 trict of Columbia, Puerto Rico, American Samoa, the United States 

15 Virgin Islands, Guam, the Northern Mariana Islands, and any other 

16 commonwealth, territory, or possession of the United States. 

17 (14) UNITED STATES.—The term ‘‘United States’’ means the States, 

18 collectively. 

19 § 50502. Launch voucher demonstration program 

20 (a) REQUIREMENT TO ESTABLISH PROGRAM.—The Administrator shall 

21 establish a demonstration program to award vouchers for the payment of 

22 commercial launch services and payload integration services for the purpose 

23 of launching payloads funded by the Administration. 

24 (b) AWARD OF VOUCHERS.—The Administrator shall award vouchers 

25 under subsection (a) to appropriate individuals as a part of grants adminis26 tered by the Administration for the launch of— 

27 (1) payloads to be placed in suborbital trajectories; and 

28 (2) small payloads to be placed in orbit. 

29 (c) ASSISTANCE.—The Administrator may provide voucher award recipi30 ents with such assistance (including contract formulation and technical sup31 port during the proposal evaluation) as may be necessary to ensure the pur32 chase of cost effective and reasonably reliable commercial launch services 

33 and payload integration services. 

34 § 50503. Anchor tenancy and termination liability 

35 (a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the Ad36 ministrator or the Administrator of the National Oceanic and Atmospheric 

37 Administration may enter into multiyear anchor tenancy contracts for the 

38 purchase of a good or service if the appropriate Administrator determines 

39 that— 


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1 (1) the good or service meets the mission requirements of the Admin2 istration or the National Oceanic and Atmospheric Administration, as 

3 appropriate; 

4 (2) the commercially procured good or service is cost effective; 

5 (3) the good or service is procured through a competitive process; 

6 (4) existing or potential customers for the good or service other than 

7 the United States Government have been specifically identified; 

8 (5) the long-term viability of the venture is not dependent upon a 

9 continued Government market or other nonreimbursable Government 

10 support; and 

11 (6) private capital is at risk in the venture. 

12 (b) TERMINATION LIABILITY.— 

13 (1) IN GENERAL.—Contracts entered into under subsection (a) may 

14 provide for the payment of termination liability in the event that the 

15 Government terminates such contracts for its convenience. 

16 (2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABIL17 ITY.—Contracts that provide for the payment of termination liability, 

18 as described in paragraph (1), shall include a fixed schedule of such 

19 termination liability payments. Liability under such contracts shall not 

20 exceed the total payments which the Government would have made 

21 after the date of termination to purchase the good or service if the con22 tract were not terminated. 

23 (3) USE OF FUNDS.—Subject to appropriations, funds available for 

24 such termination liability payments may be used for purchase of the 

25 good or service upon successful delivery of the good or service pursuant 

26 to the contract. In such case, sufficient funds shall remain available to 

27 cover any remaining termination liability. 

28 (c) LIMITATIONS.— 

29 (1) DURATION.—Contracts entered into under this section shall not 

30 exceed 10 years in duration. 

31 (2) FIXED PRICE.—Such contracts shall provide for delivery of the 

32 good or service on a firm, fixed price basis. 

33 (3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, rea34 sonable performance specifications shall be used to define technical re35 quirements in such contracts. 

36 (4) FAILURE TO PERFORM.—In any such contract, the appropriate 

37 Administrator shall reserve the right to completely or partially termi38 nate the contract without payment of such termination liability because 

39 of the contractor’s actual or anticipated failure to perform its contrac40 tual obligations. 


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1 § 50504. Use of Government facilities 

2 (a) AUTHORITY.— 

3 (1) IN GENERAL.—Federal agencies, including the Administration 

4 and the Department of Defense, may allow non-Federal entities to use 

5 their space-related facilities on a reimbursable basis if the Adminis6 trator, the Secretary of Defense, or the appropriate agency head deter7 mines that— 

8 (A) the facilities will be used to support commercial space activi9 ties; 

10 (B) such use can be supported by existing or planned Federal 

11 resources; 

12 (C) such use is compatible with Federal activities; 

13 (D) equivalent commercial services are not available on reason14 able terms; and 

15 (E) such use is consistent with public safety, national security, 

16 and international treaty obligations. 

17 (2) CONSULTATION.—In carrying out paragraph (1)(E), each agency 

18 head shall consult with appropriate Federal officials. 

19 (b) REIMBURSEMENT PAYMENT.— 

20 (1) AMOUNT.—The reimbursement referred to in subsection (a) may 

21 be an amount equal to the direct costs (including salaries of United 

22 States civilian and contractor personnel) incurred by the United States 

23 as a result of the use of such facilities by the private sector. For the 

24 purposes of this paragraph, the term ‘‘direct costs’’ means the actual 

25 costs that can be unambiguously associated with such use, and would 

26 not be borne by the United States Government in the absence of such 

27 use. 

28 (2) CREDIT TO APPROPRIATION.—The amount of any payment re29 ceived by the United States for use of facilities under this subsection 

30 shall be credited to the appropriation from which the cost of providing 

31 such facilities was paid. 

32 § 50505. Test facilities 

33 (a) CHARGES.—The Administrator shall establish a policy of charging 

34 users of the Administration’s test facilities for the costs associated with 

35 their tests at a level that is competitive with alternative test facilities. The 

36 Administrator shall not implement a policy of seeking full cost recovery for 

37 a facility until at least 30 days after transmitting a notice to the Committee 

38 on Science and Technology of the House of Representatives and the Com39 mittee on Commerce, Science, and Transportation of the Senate. 

40 (b) FUNDING ACCOUNT.—In planning and budgeting, the Administrator 

41 shall establish a funding account that shall be used for all test facilities. 


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1 The account shall be sufficient to maintain the viability of test facilities dur2 ing periods of low utilization. 

3 § 50506. Commercial Space Achievement Award 

4 (a) ESTABLISHMENT.—There is established a Commercial Space Achieve5 ment Award. The award shall consist of a medal, which shall be of such 

6 design and materials and bear such inscriptions as determined by the Sec7 retary of Commerce. A cash prize may also be awarded if funding for the 

8 prize is available under subsection (d). 

9 (b) CRITERIA FOR AWARD.—The Secretary of Commerce shall periodi10 cally make awards under this section to individuals, corporations, corporate 

11 divisions, or corporate subsidiaries substantially engaged in commercial 

12 space activities that in the opinion of the Secretary of Commerce best meet 

13 the following criteria: 

14 (1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at least 

15 half of the revenues from the space-related activities of the corporation, 

16 division, or subsidiary is derived from sources other than the United 

17 States Government. 

18 (2) SUBSTANTIAL CONTRIBUTION.—The activities and achievements 

19 of the individual, corporation, division, or subsidiary have substantially 

20 contributed to the United States gross national product and the stature 

21 of United States industry in international markets, with due consider22 ation for both the economic magnitude and the technical quality of the 

23 activities and achievements. 

24 (3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The individual, 

25 corporation, division, or subsidiary has substantially advanced space 

26 technology and space applications directly related to commercial space 

27 activities. 

28 (c) LIMITATIONS.—No individual or corporate entity may receive an 

29 award under this section more than once every 5 years. 

30 (d) FUNDING FOR AWARD.—The Secretary of Commerce may seek and 

31 accept gifts of money from public and private sources for the purpose of 

32 making cash prize awards under this section. Such money may be used only 

33 for that purpose, and only such money may be used for that purpose. The 

34 Secretary of Commerce shall make publicly available an itemized list of the 

35 sources of such funding. 

36 CHAPTER 507—OFFICE OF SPACE COMMERCIALIZATION 

Sec. 

50701. Definition of Office. 

50702. Establishment. 

50703. Annual report. 


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1 § 50701. Definition of Office 

2 In this chapter, the term ‘‘Office’’ means the Office of Space Commer3 cialization established in section 50702 of this title. 

4 § 50702. Establishment 

5 (a) IN GENERAL.—There is established within the Department of Com6 merce an Office of Space Commercialization. 

7 (b) DIRECTOR.—The Office shall be headed by a Director, who shall be 

8 a senior executive and shall be compensated at a level in the Senior Execu9 tive Service under section 5382 of title 5 as determined by the Secretary 

10 of Commerce. 

11 (c) FUNCTIONS OF OFFICE.—The Office shall be the principal unit for 

12 the coordination of space-related issues, programs, and initiatives within the 

13 Department of Commerce. 

14 (d) DUTIES OF DIRECTOR.—The primary responsibilities of the Director 

15 in carrying out the functions of the Office shall include— 

16 (1) promoting commercial provider investment in space activities by 

17 collecting, analyzing, and disseminating information on space markets, 

18 and conducting workshops and seminars to increase awareness of com19 mercial space opportunities; 

20 (2) assisting United States commercial providers in the efforts of 

21 those providers to conduct business with the United States Govern22 ment; 

23 (3) acting as an industry advocate within the executive branch of the 

24 Federal Government to ensure that the Federal Government meets the 

25 space-related requirements of the Federal Government, to the fullest 

26 extent feasible, using commercially available space goods and services; 

27 (4) ensuring that the United States Government does not compete 

28 with United States commercial providers in the provision of space hard29 ware and services otherwise available from United States commercial 

30 providers; 

31 (5) promoting the export of space-related goods and services; 

32 (6) representing the Department of Commerce in the development of 

33 United States policies and in negotiations with foreign countries to en34 sure free and fair trade internationally in the area of space commerce; 

35 and 

36 (7) seeking the removal of legal, policy, and institutional impedi37 ments to space commerce. 

38 § 50703. Annual report 

39 The Secretary of Commerce shall submit an annual report on the activi40 ties of the Office, including planned programs and expenditures, to the 


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1 Committee on Commerce, Science, and Transportation of the Senate and 

2 the Committee on Science and Technology of the House of Representatives. 

3 Subtitle VI—Earth Observations 

4 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. 

5 SUBCHAPTER I—GENERAL 

6 § 60101. Definitions 

7 In this chapter: 

8 (1) COST OF FULFILLING USER REQUESTS.—The term ‘‘cost of ful9 filling user requests’’ means the incremental costs associated with pro10 viding product generation, reproduction, and distribution of 

11 unenhanced data in response to user requests and shall not include any 

12 acquisition, amortization, or depreciation of capital assets originally 

13 paid for by the United States Government or other costs not specifi14 cally attributable to fulfilling user requests. 

15 (2) DATA CONTINUITY.—The term ‘‘data continuity’’ means the con16 tinued acquisition and availability of unenhanced data which are, from 

17 the point of view of the user— 


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1 (A) sufficiently consistent (in terms of acquisition geometry, 

2 coverage characteristics, and spectral characteristics) with previous 

3 Landsat data to allow comparisons for global and regional change 

4 detection and characterization; and 

5 (B) compatible with such data and with methods used to receive 

6 and process such data. 

7 (3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— 

8 (A) may include— 

9 (i) rectification of system and sensor distortions in land re10 mote sensing data as it is received directly from the satellite 

11 in preparation for delivery to a user; 

12 (ii) registration of such data with respect to features of the 

13 Earth; and 

14 (iii) calibration of spectral response with respect to such 

15 data; but 

16 (B) does not include conclusions, manipulations, or calculations 

17 derived from such data, or a combination of such data with other 

18 data. 

19 (4) LAND REMOTE SENSING.—The term ‘‘land remote sensing’’ 

20 means the collection of data which can be processed into imagery of 

21 surface features of the Earth from an unclassified satellite or satellites, 

22 other than an operational United States Government weather satellite. 

23 (5) LANDSAT PROGRAM MANAGEMENT.—The term ‘‘Landsat Pro24 gram Management’’ means the integrated program management struc25 ture— 

26 (A) established by, and responsible to, the Administrator and 

27 the Secretary of Defense pursuant to section 60111(a) of this 

28 title; and 

29 (B) consisting of appropriate officers and employees of the Ad30 ministration, the Department of Defense, and any other United 

31 States Government agencies the President designates as respon32 sible for the Landsat program. 

33 (6) LANDSAT SYSTEM.—The term ‘‘Landsat system’’ means 

34 Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing 

35 system operated and owned by the United States Government, along 

36 with any related ground equipment, systems, and facilities owned by 

37 the United States Government. 

38 (7) LANDSAT 6 CONTRACTOR.—The term ‘‘Landsat 6 contractor’’ 

39 means the private sector entity which was awarded the contract for 

40 spacecraft construction, operations, and data marketing rights for the 

41 Landsat 6 spacecraft. 


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1 (8) LANDSAT 7.—The term ‘‘Landsat 7’’ means the follow-on sat2 ellite to Landsat 6. 

3 (9) NATIONAL SATELLITE LAND REMOTE SENSING DATA ARCHIVE.— 

4 The term ‘‘National Satellite Land Remote Sensing Data Archive’’ 

5 means the archive established by the Secretary of the Interior pursuant 

6 to the archival responsibilities defined in section 60142 of this title. 

7 (10) NONCOMMERCIAL PURPOSES.—The term ‘‘noncommercial pur8 poses’’ means activities undertaken by individuals or entities on the 

9 condition, upon receipt of unenhanced data, that— 

10 (A) such data shall not be used in connection with any bid for 

11 a commercial contract, development of a commercial product, or 

12 any other non-United States Government activity that is expected, 

13 or has the potential, to be profitmaking; 

14 (B) the results of such activities are disclosed in a timely and 

15 complete fashion in the open technical literature or other method 

16 of public release, except when such disclosure by the United States 

17 Government or its contractors would adversely affect the national 

18 security or foreign policy of the United States or violate a provi19 sion of law or regulation; and 

20 (C) such data shall not be distributed in competition with 

21 unenhanced data provided by the Landsat 6 contractor. 

22 (11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 

23 Commerce. 

24 (12) UNENHANCED DATA.—The term ‘‘unenhanced data’’ means 

25 land remote sensing signals or imagery products that are unprocessed 

26 or subject only to data preprocessing. 

27 (13) UNITED STATES GOVERNMENT AND ITS AFFILIATED USERS.— 

28 The term ‘‘United States Government and its affiliated users’’ means— 

29 (A) United States Government agencies; 

30 (B) researchers involved with the United States Global Change 

31 Research Program and its international counterpart programs; 

32 and 

33 (C) other researchers and international entities that have signed 

34 with the United States Government a cooperative agreement in35 volving the use of Landsat data for noncommercial purposes. 

36 SUBCHAPTER II—LANDSAT 

37 § 60111. Landsat Program Management 

38 (a) ESTABLISHMENT.—The Administrator and the Secretary of Defense 

39 shall be responsible for management of the Landsat program. Such respon40 sibility shall be carried out by establishing an integrated program manage41 ment structure for the Landsat system. 


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1 (b) MANAGEMENT PLAN.—The Administrator, the Secretary of Defense, 

2 and any other United States Government official the President designates 

3 as responsible for part of the Landsat program shall establish, through a 

4 management plan, the roles, responsibilities, and funding expectations for 

5 the Landsat program of the appropriate United States Government agen6 cies. The management plan shall— 

7 (1) specify that the fundamental goal of the Landsat Program Man8 agement is the continuity of unenhanced Landsat data through the ac9 quisition and operation of a Landsat 7 satellite as quickly as prac10 ticable which is, at a minimum, functionally equivalent to the Landsat 

11 6 satellite, with the addition of a tracking and data relay satellite com12 munications capability; 

13 (2) include a baseline funding profile that— 

14 (A) is mutually acceptable to the Administration and the De15 partment of Defense for the period covering the development and 

16 operation of Landsat 7; and 

17 (B) provides for total funding responsibility of the Administra18 tion and the Department of Defense, respectively, to be approxi19 mately equal to the funding responsibility of the other as spread 

20 across the development and operational life of Landsat 7; 

21 (3) specify that any improvements over the Landsat 6 functional 

22 equivalent capability for Landsat 7 will be funded by a specific spon23 soring agency or agencies, in a manner agreed to by the Landsat Pro24 gram Management, if the required funding exceeds the baseline funding 

25 profile required by paragraph (2), and that additional improvements 

26 will be sought only if the improvements will not jeopardize data con27 tinuity; and 

28 (4) provide for a technology demonstration program whose objective 

29 shall be the demonstration of advanced land remote sensing tech30 nologies that may potentially yield a system which is less expensive to 

31 build and operate, and more responsive to data users, than is the cur32 rent Landsat system. 

33 (c) RESPONSIBILITIES.—The Landsat Program Management shall be re34 sponsible for— 

35 (1) Landsat 7 procurement, launch, and operations; 

36 (2) ensuring that the operation of the Landsat system is responsive 

37 to the broad interests of the civilian, national security, commercial, and 

38 foreign users of the Landsat system; 

39 (3) ensuring that all unenhanced Landsat data remain unclassified 

40 and that, except as provided in subsections (a) and (b) of section 


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1 60146 of this title, no restrictions are placed on the availability of 

2 unenhanced data; 

3 (4) ensuring that land remote sensing data of high priority locations 

4 will be acquired by the Landsat 7 system as required to meet the needs 

5 of the United States Global Change Research Program, as established 

6 in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), 

7 and to meet the needs of national security users; 

8 (5) Landsat data responsibilities pursuant to this chapter; 

9 (6) oversight of Landsat contracts entered into under sections 102 

10 and 103 of the Land Remote Sensing Policy Act of 1992 (Public Law 

11 102–555, 106 Stat. 4168); 

12 (7) coordination of a technology demonstration program pursuant to 

13 section 60133 of this title; and 

14 (8) ensuring that copies of data acquired by the Landsat system are 

15 provided to the National Satellite Land Remote Sensing Data Archive. 

16 (d) AUTHORITY TO CONTRACT.—The Landsat Program Management 

17 may, subject to appropriations and only under the existing contract author18 ity of the United States Government agencies that compose the Landsat 

19 Program Management, enter into contracts with the private sector for serv20 ices such as satellite operations and data preprocessing. 

21 (e) LANDSAT ADVISORY PROCESS.— 

22 (1) ADVICE AND COMMENTS.—The Landsat Program Management 

23 shall seek impartial advice and comments regarding the status, effec24 tiveness, and operation of the Landsat system, using existing advisory 

25 committees and other appropriate mechanisms. Such advice shall be 

26 sought from individuals who represent— 

27 (A) a broad range of perspectives on basic and applied science 

28 and operational needs with respect to land remote sensing data; 

29 (B) the full spectrum of users of Landsat data, including rep30 resentatives from United States Government agencies, State and 

31 local government agencies, academic institutions, nonprofit organi32 zations, value-added companies, the agricultural, mineral extrac33 tion, and other user industries, and the public; and 

34 (C) a broad diversity of age groups, sexes, and races. 

35 (2) REPORTS.—The Landsat Program Management shall prepare 

36 and submit biennially a report to Congress which— 

37 (A) reports the public comments received pursuant to paragraph 

38 (1); and 

39 (B) includes— 

40 (i) a response to the public comments received pursuant to 

41 paragraph (1); 


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1 (ii) information on the volume of use, by category, of data 

2 from the Landsat system; and 

3 (iii) any recommendations for policy or programmatic 

4 changes to improve the utility and operation of the Landsat 

5 system. 

6 § 60112. Transfer of Landsat 6 program responsibilities 

7 The responsibilities of the Secretary with respect to Landsat 6 shall be 

8 transferred to the Landsat Program Management, as agreed to between the 

9 Secretary and the Landsat Program Management, pursuant to section 

10 60111 of this title. 

11 § 60113. Data policy for Landsat 7 

12 (a) LANDSAT 7 DATA POLICY.—The Landsat Program Management, in 

13 consultation with other appropriate United States Government agencies, 

14 shall develop a data policy for Landsat 7 which should— 

15 (1) ensure that unenhanced data are available to all users at the cost 

16 of fulfilling user requests; 

17 (2) ensure timely and dependable delivery of unenhanced data to the 

18 full spectrum of civilian, national security, commercial, and foreign 

19 users and the National Satellite Land Remote Sensing Data Archive; 

20 (3) ensure that the United States retains ownership of all 

21 unenhanced data generated by Landsat 7; 

22 (4) support the development of the commercial market for remote 

23 sensing data; 

24 (5) ensure that the provision of commercial value-added services 

25 based on remote sensing data remains exclusively the function of the 

26 private sector; and 

27 (6) to the extent possible, ensure that the data distribution system 

28 for Landsat 7 is compatible with the Earth Observing System Data 

29 and Information System. 

30 (b) ADDITIONAL DATA POLICY CONSIDERATIONS.—In addition, the data 

31 policy for Landsat 7 may provide for— 

32 (1) United States private sector entities to operate ground receiving 

33 stations in the United States for Landsat 7 data; 

34 (2) other means for direct access by private sector entities to 

35 unenhanced data from Landsat 7; and 

36 (3) the United States Government to charge a per image fee, license 

37 fee, or other such fee to entities operating ground receiving stations or 

38 distributing Landsat 7 data. 


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1 SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING 

2 SPACE SYSTEMS 

3 § 60121. General licensing authority 

4 (a) LICENSING AUTHORITY OF SECRETARY.— 

5 (1) IN GENERAL.—In consultation with other appropriate United 

6 States Government agencies, the Secretary is authorized to license pri7 vate sector parties to operate private remote sensing space systems for 

8 such period as the Secretary may specify and in accordance with the 

9 provisions of this subchapter. 

10 (2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER PUR11 POSES.—In the case of a private space system that is used for remote 

12 sensing and other purposes, the authority of the Secretary under this 

13 subchapter shall be limited only to the remote sensing operations of 

14 such space system. 

15 (b) COMPLIANCE WITH LAW, REGULATIONS, INTERNATIONAL OBLIGA16 TIONS, AND NATIONAL SECURITY.— 

17 (1) IN GENERAL.—No license shall be granted by the Secretary un18 less the Secretary determines in writing that the applicant will comply 

19 with the requirements of this chapter, any regulations issued pursuant 

20 to this chapter, and any applicable international obligations and na21 tional security concerns of the United States. 

22 (2) LIST OF REQUIREMENTS FOR COMPLETE APPLICATION.—The 

23 Secretary shall publish in the Federal Register a complete and specific 

24 list of all information required to comprise a complete application for 

25 a license under this subchapter. An application shall be considered 

26 complete when the applicant has provided all information required by 

27 the list most recently published in the Federal Register before the date 

28 the application was first submitted. Unless the Secretary has, within 

29 30 days after receipt of an application, notified the applicant of infor30 mation necessary to complete an application, the Secretary may not 

31 deny the application on the basis of the absence of any such informa32 tion. 

33 (c) DEADLINE FOR ACTION ON APPLICATION.—The Secretary shall re34 view any application and make a determination thereon within 120 days of 

35 the receipt of such application. If final action has not occurred within such 

36 time, the Secretary shall inform the applicant of any pending issues and of 

37 actions required to resolve them. 

38 (d) IMPROPER BASIS FOR DENIAL.—The Secretary shall not deny such 

39 license in order to protect any existing licensee from competition. 

40 (e) REQUIREMENT TO PROVIDE UNENHANCED DATA.— 


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1 (1) DESIGNATION OF DATA.—The Secretary, in consultation with 

2 other appropriate United States Government agencies and pursuant to 

3 paragraph (2), shall designate in a license issued pursuant to this sub4 chapter any unenhanced data required to be provided by the licensee 

5 under section 60122(b)(3) of this title. 

6 (2) PRELIMINARY DETERMINATION.—The Secretary shall make a 

7 designation under paragraph (1) after determining that— 

8 (A) such data are generated by a system for which all or a sub9 stantial part of the development, fabrication, launch, or operations 

10 costs have been or will be directly funded by the United States 

11 Government; or 

12 (B) it is in the interest of the United States to require such 

13 data to be provided by the licensee consistent with section 

14 60122(b)(3) of this title, after considering the impact on the li15 censee and the importance of promoting widespread access to re16 mote sensing data from United States and foreign systems. 

17 (3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.—A 

18 designation made by the Secretary under paragraph (1) shall not be 

19 inconsistent with any contract or other arrangement entered into be20 tween a United States Government agency and the licensee. 

21 § 60122. Conditions for operation 

22 (a) LICENSE REQUIRED FOR OPERATION.—No person that is subject to 

23 the jurisdiction or control of the United States may, directly or through any 

24 subsidiary or affiliate, operate any private remote sensing space system 

25 without a license pursuant to section 60121 of this title. 

26 (b) LICENSING REQUIREMENTS.—Any license issued pursuant to this 

27 subchapter shall specify that the licensee shall comply with all of the re28 quirements of this chapter and shall— 

29 (1) operate the system in such manner as to preserve the national 

30 security of the United States and to observe the international obliga31 tions of the United States in accordance with section 60146 of this 

32 title; 

33 (2) make available to the government of any country (including the 

34 United States) unenhanced data collected by the system concerning the 

35 territory under the jurisdiction of such government as soon as such 

36 data are available and on reasonable terms and conditions; 

37 (3) make unenhanced data designated by the Secretary in the license 

38 pursuant to section 60121(e) of this title available in accordance with 

39 section 60141 of this title; 

40 (4) upon termination of operations under the license, make disposi41 tion of any satellites in space in a manner satisfactory to the President; 


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1 (5) furnish the Secretary with complete orbit and data collection 

2 characteristics of the system, and inform the Secretary immediately of 

3 any deviation; and 

4 (6) notify the Secretary of any significant or substantial agreement 

5 the licensee intends to enter with a foreign nation, entity, or consor6 tium involving foreign nations or entities. 

7 (c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON8 TRACTOR.—In addition to the requirements of subsection (b), any license 

9 issued pursuant to this subchapter to the Landsat 6 contractor shall specify 

10 that the Landsat 6 contractor shall— 

11 (1) notify the Secretary of any value added activities (as defined by 

12 the Secretary by regulation) that will be conducted by the Landsat 6 

13 contractor or by a subsidiary or affiliate; and 

14 (2) if such activities are to be conducted, provide the Secretary with 

15 a plan for compliance with section 60141 of this title. 

16 § 60123. Administrative authority of Secretary 

17 (a) FUNCTIONS.—In order to carry out the responsibilities specified in 

18 this subchapter, the Secretary may— 

19 (1) grant, condition, or transfer licenses under this chapter; 

20 (2) seek an order of injunction or similar judicial determination from 

21 a district court of the United States with personal jurisdiction over the 

22 licensee to terminate, modify, or suspend licenses under this subchapter 

23 and to terminate licensed operations on an immediate basis, if the Sec24 retary determines that the licensee has substantially failed to comply 

25 with any provisions of this chapter, with any terms, conditions, or re26 strictions of such license, or with any international obligations or na27 tional security concerns of the United States; 

28 (3) provide penalties for noncompliance with the requirements of li29 censes or regulations issued under this subchapter, including civil pen30 alties not to exceed $10,000 (each day of operation in violation of such 

31 licenses or regulations constituting a separate violation); 

32 (4) compromise, modify, or remit any such civil penalty; 

33 (5) issue subpoenas for any materials, documents, or records, or for 

34 the attendance and testimony of witnesses for the purpose of con35 ducting a hearing under this section; 

36 (6) seize any object, record, or report pursuant to a warrant from 

37 a magistrate based on a showing of probable cause to believe that such 

38 object, record, or report was used, is being used, or is likely to be used 

39 in violation of this chapter or the requirements of a license or regula40 tion issued thereunder; and 


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1 (7) make investigations and inquiries and administer to or take from 

2 any person an oath, affirmation, or affidavit concerning any matter re3 lating to the enforcement of this chapter. 

4 (b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that makes 

5 a timely request for review of an adverse action pursuant to paragraph (1), 

6 (3), (5), or (6) of subsection (a) shall be entitled to adjudication by the Sec7 retary on the record after an opportunity for any agency hearing with re8 spect to such adverse action. Any final action by the Secretary under this 

9 subsection shall be subject to judicial review under chapter 7 of title 5. 

10 § 60124. Regulatory authority of Secretary 

11 The Secretary may issue regulations to carry out this subchapter. Such 

12 regulations shall be promulgated only after public notice and comment in 

13 accordance with the provisions of section 553 of title 5. 

14 § 60125. Agency activities 

15 (a) LICENSE APPLICATION AND ISSUANCE.—A private sector party may 

16 apply for a license to operate a private remote sensing space system which 

17 utilizes, on a space-available basis, a civilian United States Government sat18 ellite or vehicle as a platform for such system. The Secretary, pursuant to 

19 this subchapter, may license such system if it meets all conditions of this 

20 subchapter and— 

21 (1) the system operator agrees to reimburse the Government in a 

22 timely manner for all related costs incurred with respect to such utili23 zation, including a reasonable and proportionate share of fixed, plat24 form, data transmission, and launch costs; and 

25 (2) such utilization would not interfere with or otherwise compromise 

26 intended civilian Government missions, as determined by the agency re27 sponsible for such civilian platform. 

28 (b) ASSISTANCE.—The Secretary may offer assistance to private sector 

29 parties in finding appropriate opportunities for such utilization. 

30 (c) AGREEMENTS.—To the extent provided in advance by appropriation 

31 Acts, any United States Government agency may enter into agreements for 

32 such utilization if such agreements are consistent with such agency’s mis33 sion and statutory authority, and if such remote sensing space system is li34 censed by the Secretary before commencing operation. 

35 (d) APPLICABILITY.—This section does not apply to activities carried out 

36 under subchapter IV. 

37 (e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall af38 fect the authority of the Federal Communications Commission pursuant to 

39 the Communications Act of 1934 (47 U.S.C. 151 et seq.). 


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1 SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 

2 DEMONSTRATION 

3 § 60131. Continued Federal research and development 

4 (a) ROLES OF ADMINISTRATION AND DEPARTMENT OF DEFENSE.— 

5 (1) IN GENERAL.—The Administrator and the Secretary of Defense 

6 are directed to continue and to enhance programs of remote sensing 

7 research and development. 

8 (2) ADMINISTRATION ACTIVITIES AUTHORIZED AND ENCOURAGED.— 

9 The Administrator is authorized and encouraged to— 

10 (A) conduct experimental space remote sensing programs (in11 cluding applications demonstration programs and basic research at 

12 universities); 

13 (B) develop remote sensing technologies and techniques, includ14 ing those needed for monitoring the Earth and its environment; 

15 and 

16 (C) conduct such research and development in cooperation with 

17 other United States Government agencies and with public and pri18 vate research entities (including private industry, universities, non19 profit organizations, State and local governments, foreign govern20 ments, and international organizations) and to enter into arrange21 ments (including joint ventures) which will foster such coopera22 tion. 

23 (b) ROLES OF DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF

24 THE INTERIOR.— 

25 (1) IN GENERAL.—In order to enhance the ability of the United 

26 States to manage and utilize its renewable and nonrenewable resources, 

27 the Secretary of Agriculture and the Secretary of the Interior are au28 thorized and encouraged to conduct programs of research and develop29 ment in the applications of remote sensing using funds appropriated 

30 for such purposes. 

31 (2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may in32 clude basic research at universities, demonstrations of applications, and 

33 cooperative activities involving other Government agencies, private sec34 tor parties, and foreign and international organizations. 

35 (c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States Govern36 ment agencies are authorized and encouraged to conduct research and devel37 opment on the use of remote sensing in the fulfillment of their authorized 

38 missions, using funds appropriated for such purposes. 

39 § 60132. Availability of federally gathered unenhanced data 

40 (a) IN GENERAL.—All unenhanced land remote sensing data gathered 

41 and owned by the United States Government, including unenhanced data 


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1 gathered under the technology demonstration program carried out pursuant 

2 to section 60133 of this title, shall be made available to users in a timely 

3 fashion. 

4 (b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The President 

5 shall seek to ensure that unenhanced data gathered under the technology 

6 demonstration program carried out pursuant to section 60133 of this title 

7 shall, to the extent practicable, be made available on terms that would not 

8 adversely affect the commercial market for unenhanced data gathered by 

9 the Landsat 6 spacecraft. 

10 § 60133. Technology demonstration program 

11 (a) ESTABLISHMENT.—As a fundamental component of a national land 

12 remote sensing strategy, the President shall establish, through appropriate 

13 United States Government agencies, a technology demonstration program. 

14 The goals of the program shall be to— 

15 (1) seek to launch advanced land remote sensing system components 

16 within 5 years after October 28, 1992; 

17 (2) demonstrate within such 5-year period advanced sensor capabili18 ties suitable for use in the anticipated land remote sensing program; 

19 and 

20 (3) demonstrate within such 5-year period an advanced land remote 

21 sensing system design that could be less expensive to procure and oper22 ate than the Landsat system projected to be in operation through the 

23 year 2000, and that therefore holds greater potential for private sector 

24 investment and control. 

25 (b) EXECUTION OF PROGRAM.—In executing the technology demonstra26 tion program, the President shall seek to apply technologies associated with 

27 United States National Technical Means of intelligence gathering, to the ex28 tent that such technologies are appropriate for the technology demonstration 

29 and can be declassified for such purposes without causing adverse harm to 

30 United States national security interests. 

31 (c) BROAD APPLICATION.—To the greatest extent practicable, the tech32 nology demonstration program established under subsection (a) shall be de33 signed to be responsive to the broad civilian, national security, commercial, 

34 and foreign policy needs of the United States. 

35 (d) PRIVATE SECTOR FUNDING.—The technology demonstration program 

36 under this section may be carried out in part with private sector funding. 

37 (e) LANDSAT PROGRAM MANAGEMENT COORDINATION.—The Landsat 

38 Program Management shall have a coordinating role in the technology dem39 onstration program carried out under this section. 


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1 § 60134. Preference for private sector land remote sensing 

2 system 

3 (a) IN GENERAL.—If a successor land remote sensing system to Landsat 

4 7 can be funded and managed by the private sector while still achieving the 

5 goals stated in subsection (b) without jeopardizing the domestic, national se6 curity, and foreign policy interests of the United States, preference should 

7 be given to the development of such a system by the private sector without 

8 competition from the United States Government. 

9 (b) GOALS.—The goals referred to in subsection (a) are— 

10 (1) to encourage the development, launch, and operation of a land 

11 remote sensing system that adequately serves the civilian, national se12 curity, commercial, and foreign policy interests of the United States; 

13 (2) to encourage the development, launch, and operation of a land 

14 remote sensing system that maintains data continuity with the Landsat 

15 system; and 

16 (3) to incorporate system enhancements, including any such enhance17 ments developed under the technology demonstration program under 

18 section 60133 of this title, which may potentially yield a system that 

19 is less expensive to build and operate, and more responsive to data 

20 users, than is the Landsat system otherwise projected to be in oper21 ation in the future. 

22 SUBCHAPTER V—GENERAL PROVISIONS 

23 § 60141. Nondiscriminatory data availability 

24 (a) IN GENERAL.—Except as provided in subsection (b), any unenhanced 

25 data generated by the Landsat system or any other land remote sensing sys26 tem funded and owned by the United States Government shall be made 

27 available to all users without preference, bias, or any other special arrange28 ment (except on the basis of national security concerns pursuant to section 

29 60146 of this title) regarding delivery, format, pricing, or technical consid30 erations which would favor one customer or class of customers over another. 

31 (b) EXCEPTIONS.—Unenhanced data generated by the Landsat system or 

32 any other land remote sensing system funded and owned by the United 

33 States Government may be made available to the United States Government 

34 and its affiliated users at reduced prices, in accordance with this chapter, 

35 on the condition that such unenhanced data are used solely for noncommer36 cial purposes. 

37 § 60142. Archiving of data 

38 (a) PUBLIC INTEREST.—It is in the public interest for the United States 

39 Government to— 


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1 (1) maintain an archive of land remote sensing data for historical, 

2 scientific, and technical purposes, including long-term global environ3 mental monitoring; 

4 (2) control the content and scope of the archive; and 

5 (3) ensure the quality, integrity, and continuity of the archive. 

6 (b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consulta7 tion with the Landsat Program Management, shall provide for long-term 

8 storage, maintenance, and upgrading of a basic, global, land remote sensing 

9 data set (hereafter in this section referred to as the ‘‘basic data set’’) and 

10 shall follow reasonable archival practices to ensure proper storage and pres11 ervation of the basic data set and timely access for parties requesting data. 

12 (c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In determining 

13 the initial content of, or in upgrading, the basic data set, the Secretary of 

14 the Interior shall— 

15 (1) use as a baseline the data archived on October 28, 1992; 

16 (2) take into account future technical and scientific developments 

17 and needs, paying particular attention to the anticipated data require18 ments of global environmental change research; 

19 (3) consult with and seek the advice of users and producers of re20 mote sensing data and data products; 

21 (4) consider the need for data which may be duplicative in terms of 

22 geographical coverage but which differ in terms of season, spectral 

23 bands, resolution, or other relevant factors; 

24 (5) include, as the Secretary of the Interior considers appropriate, 

25 unenhanced data generated either by the Landsat system, pursuant to 

26 subchapter II, or by licensees under subchapter III; 

27 (6) include, as the Secretary of the Interior considers appropriate, 

28 data collected by foreign ground stations or by foreign remote sensing 

29 space systems; and 

30 (7) ensure that the content of the archive is developed in accordance 

31 with section 60146 of this title. 

32 (d) PUBLIC DOMAIN.—After the expiration of any exclusive right to sell, 

33 or after relinquishment of such right, the data provided to the National Sat34 ellite Land Remote Sensing Data Archive shall be in the public domain and 

35 shall be made available to requesting parties by the Secretary of the Interior 

36 at the cost of fulfilling user requests. 

37 § 60143. Nonreproduction 

38 Unenhanced data distributed by any licensee under subchapter III may 

39 be sold on the condition that such data will not be reproduced or dissemi40 nated by the purchaser for commercial purposes. 


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1 § 60144. Reimbursement for assistance 

2 The Administrator, the Secretary of Defense, and the heads of other 

3 United States Government agencies may provide assistance to land remote 

4 sensing system operators under the provisions of this chapter. Substantial 

5 assistance shall be reimbursed by the operator, except as otherwise provided 

6 by law. 

7 § 60145. Acquisition of equipment 

8 The Landsat Program Management may, by means of a competitive proc9 ess, allow a licensee under subchapter III or any other private party to buy, 

10 lease, or otherwise acquire the use of equipment from the Landsat system, 

11 when such equipment is no longer needed for the operation of such system 

12 or for the sale of data from such system. Officials of other United States 

13 Government civilian agencies are authorized and encouraged to cooperate 

14 with the Secretary in carrying out this section. 

15 § 60146. Radio frequency allocation 

16 (a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.—To the 

17 extent required by the Communications Act of 1934 (47 U.S.C. 151 et 

18 seq.), an application shall be filed with the Federal Communications Com19 mission for any radio facilities involved with commercial remote sensing 

20 space systems licensed under subchapter III. 

21 (b) DEADLINE FOR FCC ACTION.—It is the intent of Congress that the 

22 Federal Communications Commission complete the radio licensing process 

23 under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the 

24 application of any private sector party or consortium operator of any com25 mercial land remote sensing space system subject to this chapter, within 

26 120 days of the receipt of an application for such licensing. If final action 

27 has not occurred within 120 days of the receipt of such an application, the 

28 Federal Communications Commission shall inform the applicant of any 

29 pending issues and of actions required to resolve them. 

30 (c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYSTEMS.— 

31 Authority shall not be required from the Federal Communications Commis32 sion for the development and construction of any United States land remote 

33 sensing space system (or component thereof), other than radio transmitting 

34 facilities or components, while any licensing determination is being made. 

35 (d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC IN36 TEREST.—Frequency allocations made pursuant to this section by the Fed37 eral Communications Commission shall be consistent with international obli38 gations and with the public interest. 

39 § 60147. Consultation 

40 (a) CONSULTATION WITH SECRETARY OF DEFENSE.—The Secretary and 

41 the Landsat Program Management shall consult with the Secretary of DeVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 fense on all matters under this chapter affecting national security. The Sec2 retary of Defense shall be responsible for determining those conditions, con3 sistent with this chapter, necessary to meet national security concerns of the 

4 United States and for notifying the Secretary and the Landsat Program 

5 Management promptly of such conditions. 

6 (b) CONSULTATION WITH SECRETARY OF STATE.— 

7 (1) IN GENERAL.—The Secretary and the Landsat Program Man8 agement shall consult with the Secretary of State on all matters under 

9 this chapter affecting international obligations. The Secretary of State 

10 shall be responsible for determining those conditions, consistent with 

11 this chapter, necessary to meet international obligations and policies of 

12 the United States and for notifying promptly the Secretary and the 

13 Landsat Program Management of such conditions. 

14 (2) INTERNATIONAL AID.—Appropriate United States Government 

15 agencies are authorized and encouraged to provide remote sensing data, 

16 technology, and training to developing nations as a component of pro17 grams of international aid. 

18 (3) REPORTING DISCRIMINATORY DISTRIBUTION.—The Secretary of 

19 State shall promptly report to the Secretary and Landsat Program 

20 Management any instances outside the United States of discriminatory 

21 distribution of Landsat data. 

22 (c) STATUS REPORT.—The Landsat Program Management shall, as often 

23 as necessary, provide to Congress complete and updated information about 

24 the status of ongoing operations of the Landsat system, including timely no25 tification of decisions made with respect to the Landsat system in order to 

26 meet national security concerns and international obligations and policies of 

27 the United States Government. 

28 (d) REIMBURSEMENTS.—If, as a result of technical modifications imposed 

29 on a licensee under subchapter III on the basis of national security con30 cerns, the Secretary, in consultation with the Secretary of Defense or with 

31 other Federal agencies, determines that additional costs will be incurred by 

32 the licensee, or that past development costs (including the cost of capital) 

33 will not be recovered by the licensee, the Secretary may require the agency 

34 or agencies requesting such technical modifications to reimburse the licensee 

35 for such additional or development costs, but not for anticipated profits. Re36 imbursements may cover costs associated with required changes in system 

37 performance, but not costs ordinarily associated with doing business abroad. 

38 § 60148. Enforcement 

39 (a) IN GENERAL.—In order to ensure that unenhanced data from the 

40 Landsat system received solely for noncommercial purposes are not used for 

41 any commercial purpose, the Secretary (in collaboration with private sector 


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1 entities responsible for the marketing and distribution of unenhanced data 

2 generated by the Landsat system) shall develop and implement a system for 

3 enforcing this prohibition, in the event that unenhanced data from the 

4 Landsat system are made available for noncommercial purposes at a dif5 ferent price than such data are made available for other purposes. 

6 (b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the Secretary 

7 may impose any of the enforcement mechanisms described in subsection (c) 

8 against a person that— 

9 (1) receives unenhanced data from the Landsat system under this 

10 chapter solely for noncommercial purposes (and at a different price 

11 than the price at which such data are made available for other pur12 poses); and 

13 (2) uses such data for other than noncommercial purposes. 

14 (c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms referred to 

15 in subsection (b) may include civil penalties of not more than $10,000 (per 

16 day per violation), denial of further unenhanced data purchasing privileges, 

17 and any other penalties or restrictions the Secretary considers necessary to 

18 ensure, to the greatest extent practicable, that unenhanced data provided 

19 for noncommercial purposes are not used to unfairly compete in the com20 mercial market against private sector entities not eligible for data at the 

21 cost of fulfilling user requests. 

22 (d) PROCEDURES AND REGULATIONS.—The Secretary shall issue any reg23 ulations necessary to carry out this section and shall establish standards 

24 and procedures governing the imposition of enforcement mechanisms under 

25 subsection (b). The standards and procedures shall include a procedure for 

26 potentially aggrieved parties to file formal protests with the Secretary alleg27 ing instances where such unenhanced data have been, or are being, used for 

28 commercial purposes in violation of the terms of receipt of such data. The 

29 Secretary shall promptly act to investigate any such protest, and shall re30 port annually to Congress on instances of such violations. 

31 SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF 

32 WEATHER SATELLITES 

33 § 60161. Prohibition 

34 Neither the President nor any other official of the Government shall make 

35 any effort to lease, sell, or transfer to the private sector, or commercialize, 

36 any portion of the weather satellite systems operated by the Department of 

37 Commerce or any successor agency. 

38 § 60162. Future considerations 

39 Regardless of any change in circumstances subsequent to October 28, 

40 1992, even if such change makes it appear to be in the national interest 

41 to commercialize weather satellites, neither the President nor any official 


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1 shall take any action prohibited by section 60161 of this title unless this 

2 subchapter has first been repealed. 

3 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. 

4 § 60301. Definitions 

5 In this chapter: 

6 (1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial information’’ 

7 means knowledge of the nature and distribution of physical and cul8 tural features on the landscape based on analysis of data from airborne 

9 or spaceborne platforms or other types and sources of data. 

10 (2) HIGH RESOLUTION.—The term ‘‘high resolution’’ means resolu11 tion better than five meters. 

12 (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of 

13 higher education’’ has the meaning given the term in section 101(a) 

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

15 § 60302. General responsibilities 

16 The Administrator shall— 

17 (1) develop a sustained relationship with the United States commer18 cial remote sensing industry and, consistent with applicable policies and 

19 law, to the maximum practicable, rely on their services; and 

20 (2) in conjunction with United States industry and universities, re21 search, develop, and demonstrate prototype Earth science applications 

22 to enhance Federal, State, local, and tribal governments’ use of govern23 ment and commercial remote sensing data, technologies, and other 

24 sources of geospatial information for improved decision support to ad25 dress their needs. 

26 § 60303. Pilot projects to encourage public sector applica27 tions 

28 (a) IN GENERAL.—The Administrator shall establish a program of grants 

29 for competitively awarded pilot projects to explore the integrated use of 

30 sources of remote sensing and other geospatial information to address State, 

31 local, regional, and tribal agency needs. 

32 (b) PREFERRED PROJECTS.—In awarding grants under this section, the 

33 Administrator shall give preference to projects that— 

34 (1) make use of commercial data sets, including high resolution com35 mercial satellite imagery and derived satellite data products, existing 


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1 public data sets where commercial data sets are not available or appli2 cable, or the fusion of such data sets; 

3 (2) integrate multiple sources of geospatial information, such as geo4 graphic information system data, satellite-provided positioning data, 

5 and remotely sensed data, in innovative ways; 

6 (3) include funds or in-kind contributions from non-Federal sources; 

7 (4) involve the participation of commercial entities that process raw 

8 or lightly processed data, often merging that data with other geospatial 

9 information, to create data products that have significant value added 

10 to the original data; and 

11 (5) taken together demonstrate as diverse a set of public sector ap12 plications as possible. 

13 (c) OPPORTUNITIES.—In carrying out this section, the Administrator 

14 shall seek opportunities to assist— 

15 (1) in the development of commercial applications potentially avail16 able from the remote sensing industry; and 

17 (2) State, local, regional, and tribal agencies in applying remote 

18 sensing and other geospatial information technologies for growth man19 agement. 

20 (d) DURATION.—Assistance for a pilot project under subsection (a) shall 

21 be provided for a period not to exceed 3 years. 

22 (e) REPORT.—Each recipient of a grant under subsection (a) shall trans23 mit a report to the Administrator on the results of the pilot project within 

24 180 days of the completion of that project. 

25 (f) WORKSHOP.—Each recipient of a grant under subsection (a) shall, not 

26 later than 180 days after the completion of the pilot project, conduct at 

27 least one workshop for potential users to disseminate the lessons learned 

28 from the pilot project as widely as feasible. 

29 (g) REGULATIONS.—The Administrator shall issue regulations estab30 lishing application, selection, and implementation procedures for pilot 

31 projects, and guidelines for reports and workshops required by this section. 

32 § 60304. Program evaluation 

33 (a) ADVISORY COMMITTEE.—The Administrator shall establish an advi34 sory committee, consisting of individuals with appropriate expertise in State, 

35 local, regional, and tribal agencies, the university research community, and 

36 the remote sensing and other geospatial information industries, to monitor 

37 the program established under section 60303 of this title. The advisory com38 mittee shall consult with the Federal Geographic Data Committee and other 

39 appropriate industry representatives and organizations. Notwithstanding 

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1 visory committee established under this subsection shall remain in effect 

2 until the termination of the program under section 60303 of this title. 

3 (b) EFFECTIVENESS EVALUATION.—Not later than December 31, 2009, 

4 the Administrator shall transmit to Congress an evaluation of the effective5 ness of the program established under section 60303 of this title in explor6 ing and promoting the integrated use of sources of remote sensing and other 

7 geospatial information to address State, local, regional, and tribal agency 

8 needs. Such evaluation shall have been conducted by an independent entity. 

9 § 60305. Data availability 

10 The Administrator shall ensure that the results of each of the pilot 

11 projects completed under section 60303 of this title shall be retrievable 

12 through an electronic, internet-accessible database. 

13 § 60306. Education 

14 The Administrator shall establish an educational outreach program to in15 crease awareness at institutions of higher education and State, local, re16 gional, and tribal agencies of the potential applications of remote sensing 

17 and other geospatial information and awareness of the need for geospatial 

18 workforce development. 

19 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. 

20 § 60501. Goal 

21 The goal for the Administration’s Earth Science program shall be to pur22 sue a program of Earth observations, research, and applications activities 

23 to better understand the Earth, how it supports life, and how human activi24 ties affect its ability to do so in the future. In pursuit of this goal, the Ad25 ministration’s Earth Science program shall ensure that securing practical 

26 benefits for society will be an important measure of its success in addition 

27 to securing new knowledge about the Earth system and climate change. In 

28 further pursuit of this goal, the Administration shall, together with the Na29 tional Oceanic and Atmospheric Administration and other relevant agencies, 

30 provide United States leadership in developing and carrying out a coopera31 tive international Earth observations-based research program. 

32 § 60502. Transitioning experimental research into oper33 ational services 

34 (a) INTERAGENCY PROCESS.—The Director of the Office of Science and 

35 Technology Policy, in consultation with the Administrator, the Adminis36 trator of the National Oceanic and Atmospheric Administration, and other 


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1 relevant stakeholders, shall develop a process to transition, when appro2 priate, Administration Earth science and space weather missions or sensors 

3 into operational status. The process shall include coordination of annual 

4 agency budget requests as required to execute the transitions. 

5 (b) RESPONSIBLE AGENCY OFFICIAL.—The Administrator and the Ad6 ministrator of the National Oceanic and Atmospheric Administration shall 

7 each designate an agency official who shall have the responsibility for and 

8 authority to lead the Administration’s and the National Oceanic and Atmos9 pheric Administration’s transition activities and interagency coordination. 

10 (c) PLAN.—For each mission or sensor that is determined to be appro11 priate for transition under subsection (a), the Administration and the Na12 tional Oceanic and Atmospheric Administration shall transmit to Congress 

13 a joint plan for conducting the transition. The plan shall include the strat14 egy, milestones, and budget required to execute the transition. The transi15 tion plan shall be transmitted to Congress no later than 60 days after the 

16 successful completion of the mission or sensor critical design review. 

17 § 60503. Reauthorization of Glory Mission 

18 Congress reauthorizes the Administration to continue with development of 

19 the Glory Mission, which will examine how aerosols and solar energy affect 

20 the Earth’s climate. 

21 § 60504. Tornadoes and other severe storms 

22 The Administrator shall ensure that the Administration gives high pri23 ority to those parts of its existing cooperative activities with the National 

24 Oceanic and Atmospheric Administration that are related to the study of 

25 tornadoes and other severe storms, tornado-force winds, and other factors 

26 determined to influence the development of tornadoes and other severe 

27 storms, with the goal of improving the Nation’s ability to predict tornados 

28 and other severe storms. Further, the Administrator shall examine whether 

29 there are additional cooperative activities with the National Oceanic and At30 mospheric Administration that should be undertaken in the area of tornado 

31 and severe storm research. 

32 § 60505. Coordination with the National Oceanic and Atmos33 pheric Administration 

34 (a) JOINT WORKING GROUP.—The Administrator and the Administrator 

35 of the National Oceanic and Atmospheric Administration shall appoint a 

36 Joint Working Group, which shall review and monitor missions of the two 

37 agencies to ensure maximum coordination in the design, operation, and 

38 transition of missions where appropriate. The Joint Working Group shall 

39 also prepare the plans required by subsection (c). 

40 (b) COORDINATION REPORT.—Not later than February 15 of each year, 

41 the Administrator and the Administrator of the National Oceanic and AtVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 mospheric Administration shall jointly transmit a report to the Committee 

2 on Science and Technology of the House of Representatives and the Com3 mittee on Commerce, Science, and Transportation of the Senate on how the 

4 Earth science programs of the Administration and the National Oceanic and 

5 Atmospheric Administration will be coordinated during the fiscal year fol6 lowing the fiscal year in which the report is transmitted. 

7 (c) COORDINATION OF TRANSITION PLANNING AND REPORTING.—The 

8 Administrator, in conjunction with the Administrator of the National Oce9 anic and Atmospheric Administration and in consultation with other rel10 evant agencies, shall evaluate relevant Administration science missions for 

11 their potential operational capabilities and shall prepare transition plans for 

12 the existing and future Earth observing systems found to have potential 

13 operational capabilities. 

14 (d) LIMITATION.—The Administrator shall not transfer any Administra15 tion Earth science mission or Earth observing system to the National Oce16 anic and Atmospheric Administration until the plan required under sub17 section (c) has been approved by the Administrator and the Administrator 

18 of the National Oceanic and Atmospheric Administration and until financial 

19 resources have been identified to support the transition or transfer in the 

20 President’s budget request for the National Oceanic and Atmospheric Ad21 ministration. 

22 § 60506. Sharing of climate related data 

23 The Administrator shall work to ensure that the Administration’s policies 

24 on the sharing of climate related data respond to the recommendations of 

25 the Government Accountability Office’s report on climate change research 

26 and data-sharing policies and to the recommendations on the processing, 

27 distribution, and archiving of data by the National Academies Earth Science 

28 Decadal Survey, ‘‘Earth Science and Applications from Space’’, and other 

29 relevant National Academies reports, to enhance and facilitate their avail30 ability and widest possible use to ensure public access to accurate and cur31 rent data on global warming. 

32 Subtitle VII—Access to Space 

33 CHAPTER 701—USE OF SPACE SHUTTLE OR 

34 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. 


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1 § 70101. Recovery of fair value of placing Department of De2 fense payloads in orbit with space shuttle 

3 Notwithstanding any other provision of law, or any interagency agree4 ment, the Administrator shall charge such prices as are necessary to recover 

5 the fair value of placing Department of Defense payloads into orbit by 

6 means of the space shuttle. 

7 § 70102. Space shuttle use policy 

8 (a) USE POLICY.— 

9 (1) IN GENERAL.— 

10 (A) POLICY.—It shall be the policy of the United States to use 

11 the space shuttle— 

12 (i) for purposes that require a human presence; 

13 (ii) for purposes that require the unique capabilities of the 

14 space shuttle; or 

15 (iii) when other compelling circumstances exist. 

16 (B) DEFINITION OF COMPELLING CIRCUMSTANCES.—In this 

17 paragraph, the term ‘‘compelling circumstances’’ includes, but is 

18 not limited to, occasions when the Administrator determines, in 

19 consultation with the Secretary of Defense and the Secretary of 

20 State, that important national security or foreign policy interests 

21 would be served by a shuttle launch. 

22 (2) USING AVAILABLE CARGO SPACE FOR SECONDARY PAYLOADS.— 

23 The policy stated in paragraph (1) shall not preclude the use of avail24 able cargo space, on a space shuttle mission otherwise consistent with 

25 the policy described in paragraph (1), for the purpose of carrying sec26 ondary payloads (as defined by the Administrator) that do not require 

27 a human presence if such payloads are consistent with the require28 ments of research, development, demonstration, scientific, commercial, 

29 and educational programs authorized by the Administrator. 

30 (b) ANNUAL REPORT.—At least annually, the Administrator shall submit 

31 to Congress a report certifying that the payloads scheduled to be launched 

32 on the space shuttle for the next 4 years are consistent with the policy set 

33 forth in subsection (a)(1). For each payload scheduled to be launched from 

34 the space shuttle that does not require a human presence, the Administrator 

35 shall, in the certified report to Congress, state the specific circumstances 

36 that justified the use of the space shuttle. If, during the period between 

37 scheduled reports to Congress, any additions are made to the list of certified 

38 payloads intended to be launched from the shuttle, the Administrator shall 

39 inform Congress of the additions and the reasons therefor within 45 days 

40 of the change. 


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1 (c) ADMINISTRATION PAYLOADS.—The report described in subsection (b) 

2 shall also include those Administration payloads designed solely to fly on the 

3 space shuttle which have begun the phase C/D of its development cycle. 

4 § 70103. Commercial payloads on space shuttle 

5 (a) DEFINITIONS.—In this section: 

6 (1) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi7 cle constructed for the purpose of operating in, or placing a payload 

8 in, outer space. 

9 (2) PAYLOAD.—The term ‘‘payload’’ means an object which a person 

10 undertakes to place in outer space by means of a launch vehicle, and 

11 includes subcomponents of the launch vehicle specifically designed or 

12 adapted for that object. 

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

14 as primary payloads on the space shuttle unless the Administrator deter15 mines that— 

16 (1) the payload requires the unique capabilities of the space shuttle; 

17 or 

18 (2) launching of the payload on the space shuttle is important for 

19 either national security or foreign policy purposes. 

20 CHAPTER 703—SHUTTLE PRICING POLICY FOR 

21 COMMERCIAL AND FOREIGN USERS 

Sec. 

70301. Congressional findings and declarations. 

70302. Purpose, policy, and goals. 

70303. Definition of additive cost. 

70304. Duties of Administrator. 

22 § 70301. Congressional findings and declarations 

23 Congress finds and declares that— 

24 (1) the Space Transportation System is a vital element of the United 

25 States space program, contributing to the United States leadership in 

26 space research, technology, and development; 

27 (2) the Space Transportation System is the primary space launch 

28 system for both United States national security and civil government 

29 missions; 

30 (3) the Space Transportation System contributes to the expansion of 

31 United States private sector investment and involvement in space and 

32 therefore should serve commercial users; 

33 (4) the availability of the Space Transportation System to foreign 

34 users for peaceful purposes is an important means of promoting inter35 national cooperative activities in the national interest and in maintain36 ing access to space for activities which enhance the security and welfare 

37 of humankind; 


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1 (5) the United States is committed to maintaining world leadership 

2 in space transportation; 

3 (6) making the Space Transportation System fully operational and 

4 cost effective in providing routine access to space will maximize the na5 tional economic benefits of the system; and 

6 (7) national goals and the objectives for the Space Transportation 

7 System can be furthered by a stable and fair pricing policy for the 

8 Space Transportation System. 

9 § 70302. Purpose, policy, and goals 

10 The purpose of this chapter is to set, for commercial and foreign users, 

11 the reimbursement pricing policy for the Space Transportation System that 

12 is consistent with the findings included in section 70301 of this title, en13 courages the full and effective use of space, and is designed to achieve the 

14 following goals: 

15 (1) The preservation of the role of the United States as a leader in 

16 space research, technology, and development. 

17 (2) The efficient and cost effective use of the Space Transportation 

18 System. 

19 (3) The achievement of greatly increased commercial space activity. 

20 (4) The enhancement of the international competitive position of the 

21 United States. 

22 § 70303. Definition of additive cost 

23 In this chapter, the term ‘‘additive cost’’ means the average direct and 

24 indirect costs to the Administration of providing additional flights of the 

25 Space Transportation System beyond the costs associated with those flights 

26 necessary to meet the space transportation needs of the United States Gov27 ernment. 

28 § 70304. Duties of Administrator 

29 (a) ESTABLISHMENT AND IMPLEMENTATION OF REIMBURSEMENT RE30 COVERY SYSTEM.—The Administrator shall establish and implement a pric31 ing system to recover reimbursement in accordance with the pricing policy 

32 under section 70302 of this title from each commercial or foreign user of 

33 the Space Transportation System, which, except as provided in subsections 

34 (c), (d), and (e), shall include a base price of not less than $74,000,000 

35 for each flight of the Space Transportation System in 1982 dollars. 

36 (b) REPORTS TO CONGRESS.—Each year the Administrator shall submit 

37 to the President of the Senate, the Speaker of the House of Representatives, 

38 the Committee on Commerce, Science, and Transportation of the Senate, 

39 and the Committee on Science and Technology of the House of Representa40 tives a report, transmitted contemporaneously with the annual budget re41 quest of the President, which shall inform Congress how the policy goals 


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1 contained in section 70302 of this title are being furthered by the shuttle 

2 price for foreign and commercial users. 

3 (c) REDUCTION OF BASE PRICE.— 

4 (1) AUTHORITY TO REDUCE.—If at any time the Administrator finds 

5 that the policy goals contained in section 70302 of this title are not 

6 being achieved, the Administrator shall have authority to reduce the 

7 base price established in subsection (a) after 45 days following receipt 

8 by the President of the Senate, the Speaker of the House of Represent9 atives, the Committee on Commerce, Science, and Transportation of 

10 the Senate, and the Committee on Science and Technology of the 

11 House of Representatives of a notice by the Administrator containing 

12 a description of the proposed reduction together with a full and com13 plete statement of the facts and circumstances which necessitate such 

14 proposed reduction. 

15 (2) MINIMUM PRICE.—In no case shall the minimum price estab16 lished under paragraph (1) be less than additive cost. 

17 (d) LOW OR NO-COST FLIGHTS.—The Administrator may set a price 

18 lower than the price determined under subsection (a) or (c), or provide no19 cost flights, for any commercial or foreign user of the Space Transportation 

20 System that is involved in research, development, or demonstration pro21 grams with the Administration. 

22 (e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of sub23 section (a), the Administrator shall have the authority to offer reasonable 

24 customer incentives consistent with the policy goals in section 70302 of this 

25 title. 

26 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. 

27 § 70501. Space shuttle follow-on 

28 (a) POLICY STATEMENT.—It is the policy of the United States to possess 

29 the capability for human access to space on a continuous basis. 

30 (b) ANNUAL REPORT.—The Administrator shall transmit an annual re31 port to the Committee on Science and Technology of the House of Rep32 resentatives and the Committee on Commerce, Science, and Transportation 

33 of the Senate describing the progress being made toward developing the 


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1 Crew Exploration Vehicle and the Crew Launch Vehicle and the estimated 

2 time before they will demonstrate crewed, orbital spaceflight. 

3 § 70502. Exploration plan and programs 

4 The Administrator shall— 

5 (1) construct an architecture and implementation plan for the Ad6 ministration’s human exploration program that is not critically depend7 ent on the achievement of milestones by fixed dates; 

8 (2) implement an exploration technology development program to en9 able lunar human and robotic operations consistent with section 

10 20302(b) of this title, including surface power to use on the Moon and 

11 other locations; 

12 (3) conduct an in-situ resource utilization technology program to de13 velop the capability to use space resources to increase independence 

14 from Earth, and sustain exploration beyond low-Earth orbit; and 

15 (4) pursue aggressively automated rendezvous and docking capabili16 ties that can support the International Space Station and other mission 

17 requirements. 

18 § 70503. Ground-based analog capabilities 

19 (a) IN GENERAL.—The Administrator may establish a ground-based ana20 log capability in remote United States locations in order to assist in the de21 velopment of lunar operations, life support, and in-situ resource utilization 

22 experience and capabilities. 

23 (b) ENVIRONMENTAL CHARACTERISTICS.—The Administrator shall select 

24 locations for the activities described in subsection (a) that— 

25 (1) are regularly accessible; 

26 (2) have significant temperature extremes and range; and 

27 (3) have access to energy and natural resources (including geo28 thermal, permafrost, volcanic, or other potential resources). 

29 (c) INVOLVEMENT OF LOCAL POPULATIONS AND PRIVATE SECTOR PART30 NERS.—In carrying out this section, the Administrator shall involve local 

31 populations, academia, and industrial partners as much as possible to en32 sure that ground-based benefits and applications are encouraged and devel33 oped. 

34 § 70504. Stepping stone approach to exploration 

35 In order to maximize the cost-effectiveness of the long-term exploration 

36 and utilization activities of the United States, the Administrator shall take 

37 all necessary steps, including engaging international partners, to ensure that 

38 activities in its lunar exploration program shall be designed and imple39 mented in a manner that gives strong consideration to how those activities 

40 might also help meet the requirements of future exploration and utilization 

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1 term international exploration initiative shall be determined by the avail2 ability of funding. However, once an exploration-related project enters its 

3 development phase, the Administrator shall seek, to the maximum extent 

4 practicable, to complete that project without undue delays. 

5 § 70505. Lunar outpost 

6 (a) ESTABLISHMENT.—As the Administration works toward the establish7 ment of a lunar outpost, the Administration shall make no plans that would 

8 require a lunar outpost to be occupied to maintain its viability. Any such 

9 outpost shall be operable as a human-tended facility capable of remote or 

10 autonomous operation for extended periods. 

11 (b) DESIGNATION.—The United States portion of the first human-tended 

12 outpost established on the surface of the Moon shall be designated the ‘‘Neil 

13 A. Armstrong Lunar Outpost’’. 

14 § 70506. Exploration technology research 

15 The Administrator shall carry out a program of long-term exploration-re16 lated technology research and development, including such things as in17 space propulsion, power systems, life support, and advanced avionics, that 

18 is not tied to specific flight projects. The program shall have the funding 

19 goal of ensuring that the technology research and development can be com20 pleted in a timely manner in order to support the safe, successful, and sus21 tainable exploration of the solar system. In addition, in order to ensure that 

22 the broadest range of innovative concepts and technologies are captured, the 

23 long-term technology program shall have the goal of having a significant 

24 portion of its funding available for external grants and contracts with uni25 versities, research institutions, and industry. 

26 § 70507. Technology development 

27 The Administrator shall establish an intra-Directorate long-term tech28 nology development program for space and Earth science within the Science 

29 Mission Directorate for the development of new technology. The program 

30 shall be independent of the flight projects under development. The Adminis31 tration shall have a goal of funding the intra-Directorate technology devel32 opment program at a level of 5 percent of the total Science Mission Direc33 torate annual budget. The program shall be structured to include competi34 tively awarded grants and contracts. 

35 § 70508. Robotic or human servicing of spacecraft 

36 The Administrator shall take all necessary steps to ensure that provision 

37 is made in the design and construction of all future observatory-class sci38 entific spacecraft intended to be deployed in Earth orbit or at a Lagrangian 

39 point in space for robotic or human servicing and repair to the extent prac40 ticable and appropriate. 


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1 CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT 

2 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. 

3 § 70701. Definitions 

4 In this chapter: 

5 (1) COMMISSION.—The term ‘‘Commission’’ means a Commission es6 tablished under this chapter. 

7 (2) INCIDENT.—The term ‘‘incident’’ means either an accident or a 

8 deliberate act. 

9 § 70702. Establishment of Commission 

10 (a) ESTABLISHMENT.—The President shall establish an independent, 

11 nonpartisan Commission within the executive branch to investigate any inci12 dent that results in the loss of— 

13 (1) a space shuttle; 

14 (2) the International Space Station or its operational viability; 

15 (3) any other United States space vehicle carrying humans that is 

16 owned by the Federal Government or that is being used pursuant to 

17 a contract with the Federal Government; or 

18 (4) a crew member or passenger of any space vehicle described in 

19 this subsection. 

20 (b) DEADLINE FOR ESTABLISHMENT.—The President shall establish a 

21 Commission within 7 days after an incident specified in subsection (a). 

22 § 70703. Tasks of Commission 

23 A Commission established pursuant to this chapter shall, to the extent 

24 possible, undertake the following tasks: 

25 (1) INVESTIGATION.—Investigate the incident. 

26 (2) CAUSE.—Determine the cause of the incident. 

27 (3) CONTRIBUTING FACTORS.—Identify all contributing factors to 

28 the cause of the incident. 

29 (4) RECOMMENDATIONS.—Make recommendations for corrective ac30 tions. 

31 (5) ADDITIONAL FINDINGS OR RECOMMENDATIONS.—Provide any 

32 additional findings or recommendations deemed by the Commission to 

33 be important, whether or not they are related to the specific incident 

34 under investigation. 


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1 (6) REPORT.—Prepare a report to Congress, the President, and the 

2 public. 

3 § 70704. Composition of Commission 

4 (a) NUMBER OF COMMISSIONERS.—A Commission established pursuant 

5 to this chapter shall consist of 15 members. 

6 (b) SELECTION.—The members of a Commission shall be chosen in the 

7 following manner: 

8 (1) APPOINTMENT BY PRESIDENT.—The President shall appoint the 

9 members, and shall designate the Chairman and Vice Chairman of the 

10 Commission from among its members. 

11 (2) LISTS PROVIDED BY LEADERS OF CONGRESS.—The majority 

12 leader of the Senate, the minority leader of the Senate, the Speaker 

13 of the House of Representatives, and the minority leader of the House 

14 of Representatives shall each provide to the President a list of can15 didates for membership on the Commission. The President may select 

16 one of the candidates from each of the 4 lists for membership on the 

17 Commission. 

18 (3) PROHIBITION REGARDING FEDERAL OFFICERS AND EMPLOYEES

19 AND MEMBERS OF CONGRESS.—No officer or employee of the Federal 

20 Government or Member of Congress shall serve as a member of the 

21 Commission. 

22 (4) PROHIBITION REGARDING CONTRACTORS.—No member of the 

23 Commission shall have, or have pending, a contractual relationship with 

24 the Administration. 

25 (5) PROHIBITION REGARDING CONFLICT OF INTEREST.—The Presi26 dent shall not appoint any individual as a member of a Commission 

27 under this section who has a current or former relationship with the 

28 Administrator that the President determines would constitute a conflict 

29 of interest. 

30 (6) EXPERIENCE.—To the extent practicable, the President shall en31 sure that the members of the Commission include some individuals with 

32 experience relative to human carrying spacecraft, as well as some indi33 viduals with investigative experience and some individuals with legal ex34 perience. 

35 (7) DIVERSITY.—To the extent practicable, the President shall seek 

36 diversity in the membership of the Commission. 

37 (c) DEADLINE FOR APPOINTMENT.—All members of a Commission estab38 lished under this chapter shall be appointed no later than 30 days after the 

39 incident. 

40 (d) INITIAL MEETING.—A Commission shall meet and begin operations 

41 as soon as practicable. 


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1 (e) SUBSEQUENT MEETINGS.—After its initial meeting, a Commission 

2 shall meet upon the call of the Chairman or a majority of its members. 

3 (f) QUORUM.—Eight members of a Commission shall constitute a 

4 quorum. 

5 (g) VACANCIES.—Any vacancy in a Commission shall not affect its pow6 ers, but shall be filled in the same manner in which the original appoint7 ment was made. 

8 § 70705. Powers of Commission 

9 (a) HEARINGS AND EVIDENCE.—A Commission or, on the authority of 

10 the Commission, any subcommittee or member thereof, may, for the purpose 

11 of carrying out this chapter— 

12 (1) hold such hearings and sit and act at such times and places, take 

13 such testimony, receive such evidence, administer such oaths; and 

14 (2) require, by subpoena or otherwise, the attendance and testimony 

15 of such witnesses and the production of such books, records, cor16 respondence, memoranda, papers, and documents, 

17 as the Commission or such designated subcommittee or member may deter18 mine advisable. 

19 (b) CONTRACTING.—A Commission may, to such extent and in such 

20 amounts as are provided in appropriation Acts, enter into contracts to en21 able the Commission to discharge its duties under this chapter. 

22 (c) INFORMATION FROM FEDERAL AGENCIES.— 

23 (1) IN GENERAL.—A Commission may secure directly from any exec24 utive department, bureau, agency, board, commission, office, inde25 pendent establishment, or instrumentality of the Government, informa26 tion, suggestions, estimates, and statistics for the purposes of this 

27 chapter. Each department, bureau, agency, board, commission, office, 

28 independent establishment, or instrumentality shall, to the extent au29 thorized by law, furnish such information, suggestions, estimates, and 

30 statistics directly to the Commission, upon request made by the Chair31 man, the chairman of any subcommittee created by a majority of the 

32 Commission, or any member designated by a majority of the Commis33 sion. 

34 (2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Informa35 tion shall only be received, handled, stored, and disseminated by mem36 bers of the Commission and its staff consistent with all applicable stat37 utes, regulations, and Executive orders. 

38 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

39 (1) GENERAL SERVICES ADMINISTRATION.—The Administrator of 

40 General Services shall provide to a Commission on a reimbursable basis 


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1 administrative support and other services for the performance of the 

2 Commission’s tasks. 

3 (2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the as4 sistance prescribed in paragraph (1), departments and agencies of the 

5 United States may provide to the Commission such services, funds, fa6 cilities, staff, and other support services as they may determine advis7 able and as may be authorized by law. 

8 (3) ADMINISTRATION ENGINEERING AND SAFETY CENTER.—The Ad9 ministration Engineering and Safety Center shall provide data and 

10 technical support as requested by the Commission. 

11 § 70706. Public meetings, information, and hearings 

12 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF RE13 PORTS.—A Commission shall— 

14 (1) hold public hearings and meetings to the extent appropriate; and 

15 (2) release public versions of the reports required under this chapter. 

16 (b) PUBLIC HEARINGS.—Any public hearings of a Commission shall be 

17 conducted in a manner consistent with the protection of information pro18 vided to or developed for or by the Commission as required by any applica19 ble statute, regulation, or Executive order. 

20 § 70707. Staff of Commission 

21 (a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation 

22 with the Vice Chairman, in accordance with rules agreed upon by a Com23 mission, may appoint and fix the compensation of a staff director and such 

24 other personnel as may be necessary to enable the Commission to carry out 

25 its functions. 

26 (b) DETAILEES.—Any Federal Government employee, except for an em27 ployee of the Administration, may be detailed to a Commission without re28 imbursement from the Commission, and such detailee shall retain the rights, 

29 status, and privileges of his or her regular employment without interruption. 

30 (c) CONSULTANT SERVICES.—A Commission may procure the services of 

31 experts and consultants in accordance with section 3109 of title 5, but at 

32 rates not to exceed the daily equivalent of the annual rate of basic pay in 

33 effect for positions at level IV of the Executive Schedule under section 5315 

34 of title 5. An expert or consultant whose services are procured under this 

35 subsection shall disclose any contract or association the expert or consultant 

36 has with the Administration or any Administration contractor. 

37 § 70708. Compensation and travel expenses 

38 (a) COMPENSATION.—Each member of a Commission may be com39 pensated at a rate not to exceed the daily equivalent of the annual rate of 

40 basic pay in effect for positions at level IV of the Executive Schedule under 


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1 section 5315 of title 5 for each day during which that member is engaged 

2 in the actual performance of the duties of the Commission. 

3 (b) TRAVEL EXPENSES.—While away from their homes or regular places 

4 of business in the performance of services for the Commission, members of 

5 a Commission shall be allowed travel expenses, including per diem in lieu 

6 of subsistence, in the same manner as persons employed intermittently in 

7 the Government service are allowed expenses under section 5703 of title 5. 

8 § 70709. Security clearances for Commission members and 

9 staff 

10 The appropriate Federal agencies or departments shall cooperate with a 

11 Commission in expeditiously providing to the Commission members and 

12 staff appropriate security clearances to the extent possible pursuant to exist13 ing procedures and requirements. No person shall be provided with access 

14 to classified information under this chapter without the appropriate security 

15 clearances. 

16 § 70710. Reporting requirements and termination 

17 (a) INTERIM REPORTS.—A Commission may submit to the President and 

18 Congress interim reports containing such findings, conclusions, and rec19 ommendations for corrective actions as have been agreed to by a majority 

20 of Commission members. 

21 (b) FINAL REPORT.—A Commission shall submit to the President and 

22 Congress, and make concurrently available to the public, a final report con23 taining such findings, conclusions, and recommendations for corrective ac24 tions as have been agreed to by a majority of Commission members. Such 

25 report shall include any minority views or opinions not reflected in the ma26 jority report. 

27 (c) TERMINATION.— 

28 (1) IN GENERAL.—A Commission, and all the authorities of this 

29 chapter with respect to that Commission, shall terminate 60 days after 

30 the date on which the final report is submitted under subsection (b). 

31 (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A Com32 mission may use the 60-day period referred to in paragraph (1) for the 

33 purpose of concluding its activities, including providing testimony to 

34 committees of Congress concerning its reports and disseminating the 

35 final report. 

36 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. 


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70906. International Space Station National Laboratory Advisory Committee. 

70907. Maintaining use through at least 2020. 

1 § 70901. Peaceful uses of space station 

2 No civil space station authorized under section 103(a)(1) of the National 

3 Aeronautics and Space Administration Authorization Act, Fiscal Year 1991 

4 (Public Law 101–611, 104 Stat. 3190) may be used to carry or place in 

5 orbit any nuclear weapon or any other weapon of mass destruction, to in6 stall any such weapon on any celestial body, or to station any such weapon 

7 in space in any other manner. This civil space station may be used only 

8 for peaceful purposes. 

9 § 70902. Allocation of International Space Station research 

10 budget 

11 The Administrator shall allocate at least 15 percent of the funds budg12 eted for International Space Station research to ground-based, free-flyer, 

13 and International Space Station life and microgravity science research that 

14 is not directly related to supporting the human exploration program, con15 sistent with section 40904 of this title. 

16 § 70903. International Space Station research 

17 The Administrator shall— 

18 (1) carry out a program of microgravity research consistent with sec19 tion 40904 of this title; and 

20 (2) consider the need for a life sciences centrifuge and any associated 

21 holding facilities. 

22 § 70904. International Space Station completion 

23 (a) POLICY.—It is the policy of the United States to achieve diverse and 

24 growing utilization of, and benefits from, the International Space Station. 

25 (b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.—The 

26 Administrator shall ensure that the International Space Station will— 

27 (1) be assembled and operated in a manner that fulfills international 

28 partner agreements, as long as the Administrator determines that the 

29 shuttle can safely enable the United States to do so; 

30 (2) be used for a diverse range of microgravity research, including 

31 fundamental, applied, and commercial research, consistent with section 

32 40904 of this title; 

33 (3) have an ability to support a crew size of at least 6 persons, un34 less the Administrator transmits to the Committee on Science and 

35 Technology of the House of Representatives and the Committee on 

36 Commerce, Science, and Transportation of the Senate not later than 

37 60 days after December 30, 2005, a report explaining why such a re38 quirement should not be met, the impact of not meeting the require39 ment on the International Space Station research agenda and oper40 ations and international partner agreements, and what additional fundVerDate Nov 24 2008 00:37 Nov 03, 2009 Jkt 089200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6221 E:\BILLS\H3237.RH H3237

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1 ing or other steps would be required to have an ability to support a 

2 crew size of at least 6 persons; 

3 (4) support Crew Exploration Vehicle docking and automated dock4 ing of cargo vehicles or modules launched by either heavy-lift or com5 mercially-developed launch vehicles; 

6 (5) support any diagnostic human research, on-orbit characterization 

7 of molecular crystal growth, cellular research, and other research that 

8 the Administration believes is necessary to conduct, but for which the 

9 Administration lacks the capacity to return the materials that need to 

10 be analyzed to Earth; and 

11 (6) be operated at an appropriate risk level. 

12 (c) CONTINGENCIES.— 

13 (1) POLICY.—The Administrator shall ensure that the International 

14 Space Station can have available, if needed, sufficient logistics and on15 orbit capabilities to support any potential period during which the 

16 space shuttle or its follow-on crew and cargo systems are unavailable, 

17 and can have available, if needed, sufficient surge delivery capability or 

18 prepositioning of spares and other supplies needed to accommodate any 

19 such hiatus. 

20 (2) PLAN.—Before making any change in the International Space 

21 Station assembly sequence in effect on December 30, 2005, the Admin22 istrator shall transmit to the Committee on Science and Technology of 

23 the House of Representatives and the Committee on Commerce, 

24 Science, and Transportation of the Senate a plan to carry out the pol25 icy described in paragraph (1). 

26 § 70905. National laboratory designation 

27 (a) DEFINITION OF UNITED STATES SEGMENT OF THE INTERNATIONAL

28 SPACE STATION.—In this section the term ‘‘United States segment of the 

29 International Space Station’’ means those elements of the International 

30 Space Station manufactured— 

31 (1) by the United States; or 

32 (2) for the United States by other nations in exchange for funds or 

33 launch services. 

34 (b) DESIGNATION.—To further the policy described in section 70501(a) 

35 of this title, the United States segment of the International Space Station 

36 is hereby designated a national laboratory. 

37 (c) MANAGEMENT.— 

38 (1) PARTNERSHIPS.—The Administrator shall seek to increase the 

39 utilization of the International Space Station by other Federal entities 

40 and the private sector through partnerships, cost-sharing agreements, 


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1 and other arrangements that would supplement Administration funding 

2 of the International Space Station. 

3 (2) CONTRACTING.—The Administrator may enter into a contract 

4 with a nongovernmental entity to operate the International Space Sta5 tion national laboratory, subject to all applicable Federal laws and reg6 ulations. 

7 § 70906. International Space Station National Laboratory 

8 Advisory Committee 

9 (a) ESTABLISHMENT.—Not later than one year after October 15, 2008, 

10 the Administrator shall establish under the Federal Advisory Committee Act 

11 a committee to be known as the ‘‘International Space Station National Lab12 oratory Advisory Committee’’ (hereafter in this section referred to as the 

13 ‘‘Committee’’). 

14 (b) MEMBERSHIP.— 

15 (1) COMPOSITION.—The Committee shall be composed of individuals 

16 representing organizations that have formal agreements with the Ad17 ministration to utilize the United States portion of the International 

18 Space Station, including allocations within partner elements. 

19 (2) CHAIR.—The Administrator shall appoint a chair from among 

20 the members of the Committee, who shall serve for a 2-year term. 

21 (c) DUTIES OF THE COMMITTEE.— 

22 (1) IN GENERAL.—The Committee shall monitor, assess, and make 

23 recommendations regarding effective utilization of the International 

24 Space Station as a national laboratory and platform for research. 

25 (2) ANNUAL REPORT.—The Committee shall submit to the Adminis26 trator, on an annual basis or more frequently as considered necessary 

27 by a majority of the members of the Committee, a report containing 

28 the assessments and recommendations required by paragraph (1). 

29 (d) DURATION.—The Committee shall exist for the life of the Inter30 national Space Station. 

31 § 70907. Maintaining use through at least 2020 

32 The Administrator shall take all necessary steps to ensure that the Inter33 national Space Station remains a viable and productive facility capable of 

34 potential United States utilization through at least 2020 and shall take no 

35 steps that would preclude its continued operation and utilization by the 

36 United States after 2015. 

37 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. 


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1 § 71101. Reaffirmation of policy 

2 Congress reaffirms the policy set forth in section 20102(g) of this title 

3 (relating to surveying near-Earth asteroids and comets). 

4 § 71102. Requests for information 

5 The Administrator shall issue requests for information on— 

6 (1) a low-cost space mission with the purpose of rendezvousing with, 

7 attaching a tracking device, and characterizing the Apophis asteroid; 

8 and 

9 (2) a medium-sized space mission with the purpose of detecting near10 Earth objects equal to or greater than 140 meters in diameter. 

11 § 71103. Developing policy and recommending responsible 

12 Federal agency 

13 Within 2 years after October 15, 2008, the Director of the Office of 

14 Science and Technology Policy shall— 

15 (1) develop a policy for notifying Federal agencies and relevant 

16 emergency response institutions of an impending near-Earth object 

17 threat, if near-term public safety is at risk; and 

18 (2) recommend a Federal agency or agencies to be responsible for— 

19 (A) protecting the United States from a near-Earth object that 

20 is expected to collide with Earth; and 

21 (B) implementing a deflection campaign, in consultation with 

22 international bodies, should one be necessary. 

23 § 71104. Planetary radar 

24 The Administrator shall maintain a planetary radar that is comparable 

25 to the capability provided through the Deep Space Network Goldstone facil26 ity of the Administration. 

27 CHAPTER 713—COOPERATION FOR SAFETY AMONG 

28 SPACEFARING NATIONS 

Sec. 

71301. Common docking system standard to enable rescue. 

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

29 § 71301. Common docking system standard to enable rescue 

30 In order to maximize the ability to rescue astronauts whose space vehicles 

31 have become disabled, the Administrator shall enter into discussions with 

32 the appropriate representatives of spacefaring nations who have or plan to 

33 have crew transportation systems capable of orbital flight or flight beyond 

34 low Earth orbit for the purpose of agreeing on a common docking system 

35 standard. 


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1 § 71302. Information sharing to avoid physical or radio-fre2 quency interference 

3 The Administrator shall, in consultation with other agencies of the Fed4 eral Government as the Administrator considers appropriate, initiate discus5 sions with the appropriate representatives of spacefaring nations to deter6 mine an appropriate frame-work under which information intended to pro7 mote safe access into outer space, operations in outer space, and return 

8 from outer space to Earth free from physical or radio-frequency interference 

9 can be shared among the nations. 

10 SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS. 

11 (a) TITLE 5.—Section 9811(a)(1)(E) of title 5, United States Code, is 

12 amended by striking ‘‘section 203(c)(2)(A) of the National Aeronautics and 

13 Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))’’ and substituting ‘‘section 

14 20113(b)(1) of title 51’’. 

15 (b) TITLE 31.—Section 1304(a)(3)(D) of title 31, United States Code, 

16 is amended by striking ‘‘section 203 of the National Aeronautics and Space 

17 Act of 1958 (42 U.S.C. 2473)’’ and substituting ‘‘section 20113 of title 

18 51’’. 

19 (c) TITLE 35.—Section 210(a)(7) of title 35, United States Code, is 

20 amended by striking ‘‘section 305 of the National Aeronautics and Space 

21 Act of 1958 (42 U.S.C. 2457)’’ and substituting ‘‘section 20135 of title 

22 51’’. 

23 (d) TRANSFER OF CHAPTERS 701 AND 703 OF TITLE 49, UNITED

24 STATES CODE.— 

25 (1) TITLE 49, UNITED STATES CODE.—Title 49, United States Code, 

26 is amended as follows: 

27 (A) In the analysis for title 49, United States Code, the item 

28 related to subtitle IX is amended to read as follows: 

‘‘IX. [TRANSFERRED]’’. 

29 (B) The heading and analysis for subtitle IX of title 49, United 

30 States Code, are amended to read as follows: 

31 ‘‘Subtitle IX—[Transferred] 

‘‘Chapter Sec. 

‘‘701. [Transferred] 

‘‘703. [Transferred]’’. 

32 (2) RENUMBERING AND TRANSFER OF CHAPTERS.—Chapters 701 

33 and 703 of title 49, United States Code, are renumbered as chapters 

34 509 and 511, respectively, of title 51, United States Code, and trans35 ferred so as to appear after chapter 507 of title 51, United States 

36 Code, as enacted by section 3 of this Act. 


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1 (3) RENUMBERING OF SECTIONS IN CHAPTER 509 OF TITLE 51, 

2 UNITED STATES CODE.—In chapter 509 of title 51, United States 

3 Code, as renumbered by paragraph (2), and in the chapter analysis, the 

4 sections are renumbered as follows: 

5 (A) Section 70101 is renumbered 50901. 

6 (B) Section 70102 is renumbered 50902. 

7 (C) Section 70103 is renumbered 50903. 

8 (D) Section 70104 is renumbered 50904. 

9 (E) Section 70105 is renumbered 50905. 

10 (F) Section 70105a is renumbered 50906. 

11 (G) Section 70106 is renumbered 50907. 

12 (H) Section 70107 is renumbered 50908. 

13 (I) Section 70108 is renumbered 50909. 

14 (J) Section 70109 is renumbered 50910. 

15 (K) Section 70109a is renumbered 50911. 

16 (L) Section 70110 is renumbered 50912. 

17 (M) Section 70111 is renumbered 50913. 

18 (N) Section 70112 is renumbered 50914. 

19 (O) Section 70113 is renumbered 50915. 

20 (P) Section 70114 is renumbered 50916. 

21 (Q) Section 70115 is renumbered 50917. 

22 (R) Section 70116 is renumbered 50918. 

23 (S) Section 70117 is renumbered 50919. 

24 (T) Section 70118 is renumbered 50920. 

25 (U) Section 70119 is renumbered 50921. 

26 (V) Section 70120 is renumbered 50922. 

27 (W) Section 70121 is renumbered 50923. 

28 (4) RENUMBERING OF SECTIONS IN CHAPTER 511 OF TITLE 51, 

29 UNITED STATES CODE.—In chapter 511 of title 51, United States 

30 Code, as renumbered by paragraph (2), and in the chapter analysis, the 

31 sections are renumbered as follows: 

32 (A) Section 70301 is renumbered 51101. 

33 (B) Section 70302 is renumbered 51102. 

34 (C) Section 70303 is renumbered 51103. 

35 (D) Section 70304 is renumbered 51104. 

36 (E) Section 70305 is renumbered 51105. 

37 (5) CROSS REFERENCES IN CHAPTER 509 OF TITLE 51, UNITED

38 STATES CODE.— 

39 (A) Section 50902(11) of title 51, United States Code, as re40 numbered by paragraph (3), is amended— 


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1 (i) by striking ‘‘section 70104(c)’’ and substituting ‘‘section 

2 50904(c)’’; and 

3 (ii) by striking ‘‘section 70105a’’ and substituting ‘‘section 

4 50906’’. 

5 (B) Section 50902(19) of title 51, United States Code, as re6 numbered by paragraph (3), is amended by striking ‘‘section 

7 70120(c)(2)’’ and substituting ‘‘section 50922(c)(2)’’. 

8 (C) Section 50904(a)(2) of title 51, United States Code, as re9 numbered by paragraph (3), is amended by striking ‘‘section 

10 70102(1)(A) or (B)’’ and substituting ‘‘section 50902(1)(A) or 

11 (B)’’. 

12 (D) Section 50904(a)(3) of title 51, United States Code, as re13 numbered by paragraph (3), is amended by striking ‘‘section 

14 70102(1)(C)’’ and substituting ‘‘section 50902(1)(C)’’. 

15 (E) Section 50904(a)(4) of title 51, United States Code, as re16 numbered by paragraph (3), is amended by striking ‘‘section 

17 70102(1)(C)’’ and substituting ‘‘section 50902(1)(C)’’. 

18 (F) Section 50905(b)(5)(A) of title 51, United States Code, as 

19 renumbered by paragraph (3), is amended by striking ‘‘section 

20 70112(a)(2) and (c)’’ and substituting ‘‘section 50914(a)(2) and 

21 (c)’’. 

22 (G) Section 50906(c) of title 51, United States Code, as renum23 bered by paragraph (3), is amended by striking ‘‘section 

24 70105(b)(2)(C)’’ and substituting ‘‘section 50905(b)(2)(C)’’. 

25 (H) Section 50906(i) of title 51, United States Code, as renum26 bered by paragraph (3), is amended by striking ‘‘sections 70106, 

27 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 

28 70121’’ and substituting ‘‘sections 50907, 50908, 50909, 50910, 

29 50912, 50914, 50917, 50918, 50919, and 50923’’. 

30 (I) Section 50907(a) of title 51, United States Code, as renum31 bered by paragraph (3), is amended by striking ‘‘sections 

32 70104(c), 70105, and 70105a’’ and substituting ‘‘sections 

33 50904(c), 50905, and 50906’’. 

34 (J) Section 50908(b)(2) of title 51, United States Code, as re35 numbered by paragraph (3), is amended by striking ‘‘section 

36 70105(c)’’ and substituting ‘‘section 50905(c)’’. 

37 (K) Section 50908(e) of title 51, United States Code, as renum38 bered by paragraph (3), is amended by striking ‘‘section 70110’’ 

39 and substituting ‘‘section 50912’’. 


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1 (L) Section 50909(b) of title 51, United States Code, as renum2 bered by paragraph (3), is amended by striking ‘‘section 70110’’ 

3 and substituting ‘‘section 50912’’. 

4 (M) Section 50912(a)(1) of title 51, United States Code, as re5 numbered by paragraph (3), is amended by striking ‘‘section 

6 70105(a) or 70105a’’ and substituting ‘‘section 50905(a) or 

7 50906’’. 

8 (N) Section 50912(a)(2) of title 51, United States Code, as re9 numbered by paragraph (3), is amended by striking ‘‘section 

10 70104(c)’’ and substituting ‘‘section 50904(c)’’. 

11 (O) Section 50912(a)(3)(A) of title 51, United States Code, as 

12 renumbered by paragraph (3), is amended by striking ‘‘section 

13 70107(b) or (c)’’ and substituting ‘‘section 50908(b) or (c)’’. 

14 (P) Section 50912(a)(3)(B) of title 51, United States Code, as 

15 renumbered by paragraph (3), is amended by striking ‘‘section 

16 70108(a)’’ and substituting ‘‘section 50909(a)’’. 

17 (Q) Section 50915(a)(1)(A) of title 51, United States Code, as 

18 renumbered by paragraph (3), is amended by striking ‘‘section 

19 70112(a)(1)(A)’’ and substituting ‘‘section 50914(a)(1)(A)’’. 

20 (R) Section 50915(a)(2) of title 51, United States Code, as re21 numbered by paragraph (3), is amended— 

22 (i) by striking ‘‘section 70112(a)(1)(A)’’ and substituting 

23 ‘‘section 50914(a)(1)(A)’’; and 

24 (ii) by striking ‘‘section 70112(a)(1)’’ and substituting 

25 ‘‘section 50914(a)(1)’’. 

26 (S) Section 50916 of title 51, United States Code, as renum27 bered by paragraph (3), is amended by striking ‘‘section 

28 70106(b)’’ and substituting ‘‘section 50907(b)’’. 

29 (T) Section 50919(b)(2) of title 51, United States Code, as re30 numbered by paragraph (3), is amended by striking ‘‘the Land 

31 Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’ and 

32 substituting ‘‘chapter 601 of this title’’. 

33 (U) Section 50922(c)(2)(B) of title 51, United States Code, as 

34 renumbered by paragraph (3), is amended by striking ‘‘section 

35 70102’’ and substituting ‘‘section 50902’’. 

36 (6) CROSS REFERENCES IN CHAPTER 511 OF TITLE 51, UNITED

37 STATES CODE.— 

38 (A) Section 51101(1) of title 51, United States Code, as renum39 bered by paragraph (4), is amended by striking ‘‘section 502 of 

40 the National Aeronautics and Space Administration Authorization 


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1 Act, Fiscal Year 1993 (15 U.S.C. 5802)’’ and substituting ‘‘sec2 tion 50501 of this title’’. 

3 (B) Section 51104(d)(1) of title 51, United States Code, as re4 numbered by paragraph (4), is amended by striking ‘‘section 303 

5 of this title’’ and substituting ‘‘section 303 of title 49’’. 

6 (7) ANALYSIS FOR TITLE 51, UNITED STATES CODE.—The analysis 

7 for title 51, United States Code, as enacted by section 3 of this Act, 

8 is amended by adding, after the item for chapter 507, the following 

9 items: 

10

‘‘509. Commercial Space Launch Activities ............................................................... 50901

‘‘511. Space Transportation Infrastructure Matching Grants ................................... 51101’’. 

11 (8) DEEMED REFERENCES TO TITLE 49, UNITED STATES CODE.—In 

12 title 49, United States Code, references to ‘‘this title’’ are deemed to 

13 refer also to chapters 509 and 511 of title 51, United States Code. 

14 (e) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZA15 TION ACT OF 2005.—Section 304 of the National Aeronautics and Space 

16 Administration Authorization Act of 2005 (42 U.S.C. 16654) is amended 

17 as follows: 

18 (1) Subsection (a)(1) is redesignated as subsection (a) and amended 

19 to read as follows: 

20 ‘‘(a) ASSESSMENT OF CERTAIN MISSIONS.—Not later than 60 days after 

21 the date of enactment of this Act, the Administrator shall carry out an as22 sessment under section 30504 of title 51, United States Code, for at least 

23 the following missions: FAST, TIMED, Cluster, Wind, Geotail, Polar, 

24 TRACE, Ulysses, and Voyager.’’. 

25 (2) Subsection (b) is amended by striking ‘‘subsection (a)(1)’’ and 

26 substituting ‘‘subsection (a)’’. 

27 SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS. 

28 (a) DEFINITIONS.—In this section: 

29 (1) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro30 vision of law that is replaced by a title 51 provision. 

31 (2) TITLE 51 PROVISION.—The term ‘‘title 51 provision’’ means a 

32 provision of title 51, United States Code, that is enacted by section 3. 

33 (b) CUTOFF DATE.—The title 51 provisions replace certain provisions of 

34 law enacted on or before July 1, 2009. If a law enacted after that date 

35 amends or repeals a source provision, that law is deemed to amend or re36 peal, as the case may be, the corresponding title 51 provision. If a law en37 acted after that date is otherwise inconsistent with a title 51 provision or 

38 a provision of this Act, that law supersedes the title 51 provision or provi39 sion of this Act to the extent of the inconsistency. 


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1 (c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de2 termining whether one provision of law supersedes another based on enact3 ment later in time, a title 51 provision is deemed to have been enacted on 

4 the date of enactment of the corresponding source provision. 

5 (d) REFERENCES TO TITLE 51 PROVISIONS.—A reference to a title 51 

6 provision is deemed to refer to the corresponding source provision. 

7 (e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source pro8 vision, including a reference in a regulation, order, or other law, is deemed 

9 to refer to the corresponding title 51 provision. 

10 (f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 

11 regulation, order, or other administrative action in effect under a source 

12 provision continues in effect under the corresponding title 51 provision. 

13 (g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 

14 an offense committed under a source provision is deemed to have been taken 

15 or committed under the corresponding title 51 provision. 

16 SEC. 6. REPEALS. 

17 The following provisions of law are repealed, except with respect to rights 

18 and duties that matured, penalties that were incurred, or proceedings that 

19 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.

National Aeronautics and Space Administration Authorization Act, 1968 

(Public Law 90–67) ............................ 6 ............................................... 42 U.S.C. 2477.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

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).

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.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

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.

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).


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

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.

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.


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Schedule of Laws Repealed—Continued 

Act Section United States Code 

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.


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House Calendar No. 127 

111TH CONGRESS 

1ST SESSION H. R. 3237 

[Report No. 111–325] 

A BILL 

To enact certain laws relating to national and comgrams’’. Code, ‘‘National and Commercial Space Pro- mercial space programs as title 51, United States 

NOVEMBER 2, 2009 

Referred to the House Calendar and ordered to be 

printed 


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