H. R. 3237 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To enact certain laws relating to national and commercial space programs as title 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Table of contents. 

Sec. 2. Purpose; conformity with original intent. 

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

Sec. 4. Conforming amendments to other laws. 

Sec. 5. Transitional and savings provisions. 

Sec. 6. Repeals. 

SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT. 

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

laws related to national and commercial space programs as a positive law title of the United States Code. 

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

laws by this Act, the intent is to conform to the understood policy, 

intent, and purpose of Congress in the original enactments, with 

such amendments and corrections as will remove ambiguities, contradictions, and other imperfections, in accordance with section 

205(c)(1) of House Resolution No. 988, 93d Congress, as enacted 

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

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

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

Programs’’, is enacted as follows: 

TITLE 51—NATIONAL AND COMMERCIAL 

SPACE PROGRAMS 

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 
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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 

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 

Subtitle I—General 

CHAPTER 101—DEFINITIONS 

Sec. 

10101. Definitions. 

§ 10101. Definitions 

In this title: 

(1) ADMINISTRATION.—The term ‘‘Administration’’ means the 

National Aeronautics and Space Administration. 

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the National Aeronautics and Space Administration. 
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Subtitle II—General Program and Policy 

Provisions 

CHAPTER 201—NATIONAL AERONAUTICS AND SPACE 

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. 

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. 

SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, 

AND DEFINITIONS 

§ 20101. Short title 

This chapter may be cited as the ‘‘National Aeronautics and 

Space Act’’. 

§ 20102. Congressional declaration of policy and purpose 

(a) DEVOTION OF SPACE ACTIVITIES TO PEACEFUL PURPOSES FOR

BENEFIT OF ALL HUMANKIND.—Congress declares that it is the 

policy of the United States that activities in space should be devoted 

to peaceful purposes for the benefit of all humankind. 

(b) AERONAUTICAL AND SPACE ACTIVITIES FOR WELFARE AND

SECURITY OF UNITED STATES.—Congress declares that the general 
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welfare and security of the United States require that adequate 

provision be made for aeronautical and space activities. Congress 

further declares that such activities shall be the responsibility 

of, and shall be directed by, a civilian agency exercising control 

over aeronautical and space activities sponsored by the United 

States, except that activities peculiar to or primarily associated 

with the development of weapons systems, military operations, or 

the defense of the United States (including the research and 

development necessary to make effective provision for the defense 

of the United States) shall be the responsibility of, and shall be 

directed by, the Department of Defense; and that determination 

as to which agency has responsibility for and direction of any 

such activity shall be made by the President. 

(c) COMMERCIAL USE OF SPACE.—Congress declares that the general welfare of the United States requires that the Administration 

seek and encourage, to the maximum extent possible, the fullest 

commercial use of space. 

(d) OBJECTIVES OF AERONAUTICAL AND SPACE ACTIVITIES.—The 

aeronautical and space activities of the United States shall be 

conducted so as to contribute materially to one or more of the 

following objectives: 

(1) The expansion of human knowledge of the Earth and 

of phenomena in the atmosphere and space. 

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

safety, and efficiency of aeronautical and space vehicles. 

(3) The development and operation of vehicles capable of 

carrying instruments, equipment, supplies, and living organisms through space. 

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

benefits to be gained from, the opportunities for, and the problems involved in the utilization of aeronautical and space activities for peaceful and scientific purposes. 

(5) The preservation of the role of the United States as 

a leader in aeronautical and space science and technology and 

in the application thereof to the conduct of peaceful activities 

within and outside the atmosphere. 

(6) The making available to agencies directly concerned with 

national defense of discoveries that have military value or 

significance, and the furnishing by such agencies, to the civilian 

agency established to direct and control nonmilitary aeronautical and space activities, of information as to discoveries 

which have value or significance to that agency. 

(7) Cooperation by the United States with other nations 

and groups of nations in work done pursuant to this chapter 

and in the peaceful application of the results thereof. 

(8) The most effective utilization of the scientific and 

engineering resources of the United States, with close cooperation among all interested agencies of the United States in 

order to avoid unnecessary duplication of effort, facilities, and 

equipment. 

(9) The preservation of the United States preeminent position 

in aeronautics and space through research and technology 

development related to associated manufacturing processes. 

(e) GROUND PROPULSION SYSTEMS RESEARCH AND DEVELOP- MENT.—Congress declares that the general welfare of the United 

States requires that the unique competence in scientific and 

engineering systems of the Administration also be directed toward 
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ground propulsion systems research and development. Such development shall be conducted so as to contribute to the objectives of 

developing energy and petroleum-conserving ground propulsion systems, and of minimizing the environmental degradation caused 

by such systems. 

(f) BIOENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAMS.—Congress declares that the general welfare of 

the United States requires that the unique competence of the 

Administration in science and engineering systems be directed to 

assisting in bioengineering research, development, and demonstration programs designed to alleviate and minimize the effects of 

disability. 

(g) WARNING AND MITIGATION OF POTENTIAL HAZARDS OF NEAREARTH OBJECTS.—Congress declares that the general welfare and 

security of the United States require that the unique competence 

of the Administration be directed to detecting, tracking, cataloguing, 

and characterizing near-Earth asteroids and comets in order to 

provide warning and mitigation of the potential hazard of such 

near-Earth objects to the Earth. 

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

to carry out and effectuate the policies declared in subsections 

(a) to (g). 

§ 20103. Definitions 

In this chapter: 

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

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

within and outside the Earth’s atmosphere; 

(B) the development, construction, testing, and operation 

for research purposes of aeronautical and space vehicles; 

(C) the operation of a space transportation system 

including the space shuttle, upper stages, space platforms, 

and related equipment; and 

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

exploration of space. 

(2) AERONAUTICAL AND SPACE VEHICLES.—The term ‘‘aeronautical and space vehicles’’ means aircraft, missiles, satellites, 

and other space vehicles, manned and unmanned, together 

with related equipment, devices, components, and parts. 

SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND 

SPACE ACTIVITIES 

§ 20111. National Aeronautics and Space Administration 

(a) ESTABLISHMENT AND APPOINTMENT OF ADMINISTRATOR.— There is established the National Aeronautics and Space Administration. The Administration shall be headed by an Administrator, 

who shall be appointed from civilian life by the President by and 

with the advice and consent of the Senate. Under the supervision 

and direction of the President, the Administrator shall be responsible for the exercise of all powers and the discharge of all duties 

of the Administration and shall have authority and control over 

all personnel and activities thereof. 

(b) DEPUTY ADMINISTRATOR.—There shall be in the Administration a Deputy Administrator, who shall be appointed from civilian 

life by the President by and with the advice and consent of the 
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Senate. The Deputy Administrator shall perform such duties and 

exercise such powers as the Administrator may prescribe. The 

Deputy Administrator shall act for, and exercise the powers of, 

the Administrator during the Administrator’s absence or disability. 

(c) RESTRICTION ON OTHER BUSINESS OR EMPLOYMENT.—The 

Administrator and the Deputy Administrator shall not engage in 

any other business, vocation, or employment while serving as such. 

§ 20112. Functions of the Administration 

(a) PLANNING, DIRECTING, AND CONDUCTING AERONAUTICAL AND

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

purpose of this chapter, shall— 

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

(2) arrange for participation by the scientific community in 

planning scientific measurements and observations to be made 

through use of aeronautical and space vehicles, and conduct 

or arrange for the conduct of such measurements and observations; 

(3) provide for the widest practicable and appropriate dissemination of information concerning its activities and the results 

thereof; 

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

the fullest commercial use of space; and 

(5) encourage and provide for Federal Government use of 

commercially provided space services and hardware, consistent 

with the requirements of the Federal Government. 

(b) RESEARCH AND DEVELOPMENT IN CERTAIN TECHNOLOGIES.— 

(1) GROUND PROPULSION TECHNOLOGIES.—The Administration 

shall, to the extent of appropriated funds, initiate, support, 

and carry out such research, development, demonstration, and 

other related activities in ground propulsion technologies as 

are provided for in sections 4 to 10 of the Electric and Hybrid 

Vehicle Research, Development, and Demonstration Act of 1976 

(15 U.S.C. 2503 to 2509). 

(2) SOLAR HEATING AND COOLING TECHNOLOGIES.—The 

Administration shall initiate, support, and carry out such 

research, development, demonstrations, and other related 

activities in solar heating and cooling technologies (to the extent 

that funds are appropriated therefor) as are provided for in 

sections 5, 6, and 9 of the Solar Heating and Cooling Demonstration Act of 1974 (42 U.S.C. 5503, 5504, 5507). 

§ 20113. Powers of the Administration in performance of 

functions 

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

the Administration is authorized to make, promulgate, issue, 

rescind, and amend rules and regulations governing the manner 

of its operations and the exercise of the powers vested in it by 

law. 

(b) OFFICERS AND EMPLOYEES.—In the performance of its functions, the Administration is authorized to appoint and fix the compensation of officers and employees as may be necessary to carry 

out such functions. The officers and employees shall be appointed 

in accordance with the civil service laws and their compensation 

fixed in accordance with chapter 51 and subchapter III of chapter 

53 of title 5, except that— 
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(1) to the extent the Administrator deems such action necessary to the discharge of the Administrator’s responsibilities, 

the Administrator may appoint not more than 425 of the scientific, engineering, and administrative personnel of the 

Administration without regard to such laws, and may fix the 

compensation of such personnel not in excess of the rate of 

basic pay payable for level III of the Executive Schedule; and 

(2) to the extent the Administrator deems such action necessary to recruit specially qualified scientific and engineering 

talent, the Administrator may establish the entrance grade 

for scientific and engineering personnel without previous service 

in the Federal Government at a level up to 2 grades higher 

than the grade provided for such personnel under the General 

Schedule, and fix their compensation accordingly. 

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

(1) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, aeronautical 

and space vehicles, quarters and related accommodations for 

employees and dependents of employees of the Administration, 

and such other real and personal property (including patents), 

or any interest therein, as the Administration deems necessary 

within and outside the continental United States; 

(2) to acquire by lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in 

the District of Columbia for the use of the Administration 

for a period not to exceed 10 years without regard to section 

8141 of title 40; 

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

(4) to sell and otherwise dispose of real and personal property 

(including patents and rights thereunder) in accordance with 

the provisions of chapters 1 to 11 of title 40 and in accordance 

with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.); and 

(5) to provide by contract or otherwise for cafeterias and 

other necessary facilities for the welfare of employees of the 

Administration at its installations and purchase and maintain 

equipment therefor. 

(d) GIFTS.—In the performance of its functions, the Administration is authorized to accept unconditional gifts or donations of 

services, money, or property, real, personal, or mixed, tangible 

or intangible. 

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

of its functions, the Administration is authorized, without regard 

to subsections (a) and (b) of section 3324 of title 31, to enter 

into and perform such contracts, leases, cooperative agreements, 

or other transactions as may be necessary in the conduct of its 

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

agency or instrumentality of the United States, or with any State, 

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

or with any person, firm, association, corporation, or educational 

institution. To the maximum extent practicable and consistent with 

the accomplishment of the purpose of this chapter, such contracts, 

leases, agreements, and other transactions shall be allocated by 

the Administrator in a manner which will enable small-business 
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concerns to participate equitably and proportionately in the conduct 

of the work of the Administration. 

(f) COOPERATION WITH FEDERAL AGENCIES AND OTHERS.—In the 

performance of its functions, the Administration is authorized to 

use, with their consent, the services, equipment, personnel, and 

facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and 

private agencies and instrumentalities in the use of services, equipment, and facilities. Each department and agency of the Federal 

Government shall cooperate fully with the Administration in 

making its services, equipment, personnel, and facilities available 

to the Administration, and any such department or agency is 

authorized, notwithstanding any other provision of law, to transfer 

to or to receive from the Administration, without reimbursement, 

aeronautical and space vehicles, and supplies and equipment other 

than administrative supplies or equipment. 

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

the Administration is authorized to appoint such advisory committees as may be appropriate for purposes of consultation and advice 

to the Administration. 

(h) OFFICES AND PROCEDURES.—In the performance of its functions, the Administration is authorized to establish within the 

Administration such offices and procedures as may be appropriate 

to provide for the greatest possible coordination of its activities 

under this chapter with related scientific and other activities being 

carried on by other public and private agencies and organizations. 

(i) TEMPORARY OR INTERMITTENT SERVICES OF EXPERTS OR

CONSULTANTS.—In the performance of its functions, the Administration is authorized to obtain services as provided by section 3109 

of title 5, but at rates for individuals not to exceed the per diem 

rate equivalent to the maximum rate payable under section 5376 

of title 5. 

(j) ALIENS.—In the performance of its functions, the Administration is authorized, when determined by the Administrator to be 

necessary, and subject to such security investigations as the 

Administrator may determine to be appropriate, to employ aliens 

without regard to statutory provisions prohibiting payment of compensation to aliens. 

(k) CONCESSIONS FOR VISITORS’ FACILITIES.— 

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

Administration is authorized to provide by concession, without 

regard to section 1302 of title 40, on such terms as the Administrator may deem to be appropriate and necessary to protect 

the concessioner against loss of the concessioner’s investment 

in property (but not anticipated profits) resulting from the 

Administration’s discretionary acts and decisions, for the 

construction, maintenance, and operation of all manner of facilities and equipment for visitors to the several installations 

of the Administration and, in connection therewith, to provide 

services incident to the dissemination of information concerning 

its activities to such visitors, without charge or with a reasonable charge therefor (with this authority being in addition 

to any other authority that the Administration may have to 

provide facilities, equipment, and services for visitors to its 

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

A concession agreement under this subsection may be negotiated with any qualified proposer following due consideration 

of all proposals received after reasonable public notice of the 

intention to contract. 

(3) REASONABLE OPPORTUNITY FOR PROFIT.—The concessioner 

shall be afforded a reasonable opportunity to make a profit 

commensurate with the capital invested and the obligations 

assumed. The consideration paid by the concessioner for the 

concession shall be based on the probable value of the opportunity and not on maximizing revenue to the United States. 

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

agreement shall specify the manner in which the concessioner’s 

records are to be maintained, and shall provide for access 

to the records by the Administration and the Comptroller General of the United States for a period of 5 years after the 

close of the business year to which the records relate. 

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

a possessory interest, consisting of all incidents of ownership 

except legal title (which shall vest in the United States), in 

any structure, fixture, or improvement the concessioner constructs or locates upon land owned by the United States. With 

the approval of the Administration, such possessory interest 

may be assigned, transferred, encumbered, or relinquished by 

the concessioner, and, unless otherwise provided by contract, 

shall not be extinguished by the expiration or other termination 

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

just compensation. 

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

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

of the President, to enter into cooperative agreements under which 

members of the Army, Navy, Air Force, and Marine Corps may 

be detailed by the appropriate Secretary for services in the performance of functions under this chapter to the same extent as that 

to which they might be lawfully assigned in the Department of 

Defense. 

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

of its functions, the Administration is authorized— 

(1) to consider, ascertain, adjust, determine, settle, and pay, 

on behalf of the United States, in full satisfaction thereof, 

any claim for $25,000 or less against the United States for 

bodily injury, death, or damage to or loss of real or personal 

property resulting from the conduct of the Administration’s 

functions as specified in section 20112(a) of this title, where 

such claim is presented to the Administration in writing within 

2 years after the accident or incident out of which the claim 

arises; and 

(2) if the Administration considers that a claim in excess 

of $25,000 is meritorious and would otherwise be covered by 

this subsection, to report the facts and circumstances to Congress for its consideration. 

§ 20114. Administration and Department of Defense 

coordination 

(a) ADVISE AND CONSULT.—The Administration and the Department of Defense, through the President, shall advise and consult 

with each other on all matters within their respective jurisdictions 
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related to aeronautical and space activities and shall keep each 

other fully and currently informed with respect to such activities. 

(b) REFERRAL TO THE PRESIDENT.—If the Secretary of Defense 

concludes that any request, action, proposed action, or failure to 

act on the part of the Administrator is adverse to the responsibilities 

of the Department of Defense, or the Administrator concludes that 

any request, action, proposed action, or failure to act on the part 

of the Department of Defense is adverse to the responsibilities 

of the Administration, and the Administrator and the Secretary 

of Defense are unable to reach an agreement with respect to the 

matter, either the Administrator or the Secretary of Defense may 

refer the matter to the President for a decision (which shall be 

final). 

§ 20115. International cooperation 

The Administration, under the foreign policy guidance of the 

President, may engage in a program of international cooperation 

in work done pursuant to this chapter, and in the peaceful application of the results thereof, pursuant to agreements made by the 

President with the advice and consent of the Senate. 

§ 20116. Reports to Congress 

(a) PRESIDENTIAL REPORT.—The President shall transmit to Congress in May of each year a report, which shall include— 

(1) a comprehensive description of the programmed activities 

and the accomplishments of all agencies of the United States 

in the field of aeronautics and space activities during the preceding fiscal year; and 

(2) an evaluation of such activities and accomplishments in 

terms of the attainment of, or the failure to attain, the objectives described in section 20102(d) of this title. 

(b) RECOMMENDATIONS FOR ADDITIONAL LEGISLATION.—Any 

report made under this section shall contain such recommendations 

for additional legislation as the Administrator or the President 

may consider necessary or desirable for the attainment of the objectives described in section 20102(d) of this title. 

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

classified for reasons of national security shall be included in any 

report made under this section, unless the information has been 

declassified by, or pursuant to authorization given by, the President. 

§ 20117. Disposal of excess land 

Notwithstanding the provisions of this or any other law, the 

Administration may not report to a disposal agency as excess to 

the needs of the Administration any land having an estimated 

value in excess of $50,000 that is owned by the United States 

and under the jurisdiction and control of the Administration, 

unless— 

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

Speaker and the Committee on Science and Technology of the 

House of Representatives and the President and the Committee 

on Commerce, Science, and Transportation of the Senate of 

a report by the Administrator or the Administrator’s designee 

containing a full and complete statement of the action proposed 

to be taken and the facts and circumstances relied upon in 

support of such action; or 
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(2) each such committee before the expiration of that period 

has transmitted to the Administrator written notice to the 

effect that the committee has no objection to the proposed 

action. 

SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS 

§ 20131. Public access to information 

(a) PUBLIC INSPECTION.—Information obtained or developed by 

the Administrator in the performance of the Administrator’s functions under this chapter shall be made available for public inspection, except information— 

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

(2) classified to protect the national security; or 

(3) described in subsection (b). 

(b) SPECIAL HANDLING OF TRADE SECRET OR CONFIDENTIAL

INFORMATION.— 

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

5 years after the development of information described in paragraph (2), may provide appropriate protections against the 

dissemination of such information, including exemption from 

subchapter II of chapter 5 of title 5. 

(2) INFORMATION DESCRIBED.—Information referred to in 

paragraph (1) is information that results from activities conducted under an agreement entered into under subsections 

(e) and (f) of section 20113 of this title, and that would be 

a trade secret or commercial or financial information that is 

privileged or confidential under the meaning of section 552(b)(4) 

of title 5 if the information had been obtained from a nonFederal party participating in such an agreement. 

(c) COMMITTEES OF CONGRESS.—Nothing in this chapter authorizes the withholding of information by the Administrator from the 

duly authorized committees of Congress. 

§ 20132. Security requirements 

The Administrator shall establish such security requirements, 

restrictions, and safeguards as the Administrator deems necessary 

in the interest of the national security. The Administrator may 

arrange with the Director of the Office of Personnel Management 

for the conduct of such security or other personnel investigations 

of the Administration’s officers, employees, and consultants, and 

its contractors and subcontractors and their officers and employees, 

actual or prospective, as the Administrator deems appropriate. If 

any such investigation develops any data reflecting that the individual who is the subject of the investigation is of questionable 

loyalty, the matter shall be referred to the Federal Bureau of 

Investigation for the conduct of a full field investigation, the results 

of which shall be furnished to the Administrator. 

§ 20133. Permission to carry firearms 

As the Administrator deems necessary in the public interest, 

the Administrator may— 

(1) direct officers and employees of the Administration to 

carry firearms while in the conduct of their official duties; 

and 

(2) authorize employees of contractors and subcontractors 

of the Administration who are engaged in the protection of 
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property owned by the United States, and located at facilities 

owned by or contracted to the United States, to carry firearms 

while in the conduct of their official duties. 

§ 20134. Arrest authority 

Under regulations prescribed by the Administrator and approved 

by the Attorney General, employees of the Administration and 

of its contractors and subcontractors authorized to carry firearms 

under section 20133 of this title may arrest without warrant for 

any offense against the United States committed in their presence, 

or for any felony cognizable under the laws of the United States 

if they have reasonable grounds to believe that the person to be 

arrested has committed or is committing such felony. Persons 

granted authority to make arrests by this section may exercise 

that authority only while guarding and protecting property owned 

or leased by, or under the control of, the United States under 

the administration and control of the Administration or one of 

its contractors or subcontractors, at facilities owned by or contracted 

to the Administration. 

§ 20135. Property rights in inventions 

(a) DEFINITIONS.—In this section: 

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

proposed contract, agreement, understanding, or other arrangement, and includes any assignment, substitution of parties, 

or subcontract executed or entered into thereunder. 

(2) MADE.—The term ‘‘made’’, when used in relation to any 

invention, means the conception or first actual reduction to 

practice of such invention. 

(3) PERSON.—The term ‘‘person’’ means any individual, partnership, corporation, association, institution, or other entity. 

(b) EXCLUSIVE PROPERTY OF UNITED STATES.— 

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

of the United States if it is made in the performance of any 

work under any contract of the Administration, and the 

Administrator determines that— 

(A) the person who made the invention was employed 

or assigned to perform research, development, or exploration work and the invention is related to the work the 

person was employed or assigned to perform, or was within 

the scope of the person’s employment duties, whether or 

not it was made during working hours, or with a contribution by the Government of the use of Government facilities, 

equipment, materials, allocated funds, information proprietary to the Government, or services of Government 

employees during working hours; or 

(B) the person who made the invention was not employed 

or assigned to perform research, development, or exploration work, but the invention is nevertheless related to 

the contract, or to the work or duties the person was 

employed or assigned to perform, and was made during 

working hours, or with a contribution from the Government 

of the sort referred to in subparagraph (A). 

(2) PATENT TO UNITED STATES.—If an invention is the exclusive property of the United States under paragraph (1), and 

if such invention is patentable, a patent therefor shall be issued 
H. R. 3237—13 

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

rights of the United States to such invention in conformity 

with the provisions of subsection (g). 

(c) CONTRACT PROVISIONS FOR FURNISHING REPORTS OF INVENTIONS, DISCOVERIES, IMPROVEMENTS, OR INNOVATIONS.—Each contract entered into by the Administrator with any party for the 

performance of any work shall contain effective provisions under 

which the party shall furnish promptly to the Administrator a 

written report containing full and complete technical information 

concerning any invention, discovery, improvement, or innovation 

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

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

applicant other than the Administrator for any invention which 

appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark 

Office (hereafter in this section referred to as the ‘‘Director’’) to 

have significant utility in the conduct of aeronautical and space 

activities unless the applicant files with the Director, with the 

application or within 30 days after request therefor by the Director, 

a written statement executed under oath setting forth the full 

facts concerning the circumstances under which the invention was 

made and stating the relationship (if any) of the invention to 

the performance of any work under any contract of the Administration. Copies of each such statement and the application to which 

it relates shall be transmitted forthwith by the Director to the 

Administrator. 

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

as to which any such statement has been transmitted to the 

Administrator, the Director may, if the invention is patentable, 

issue a patent to the applicant unless the Administrator, within 

90 days after receipt of the application and statement, requests 

that the patent be issued to the Administrator on behalf of the 

United States. If, within such time, the Administrator files such 

a request with the Director, the Director shall transmit notice 

thereof to the applicant, and shall issue such patent to the Administrator unless the applicant within 30 days after receipt of the 

notice requests a hearing before the Board of Patent Appeals and 

Interferences on the question whether the Administrator is entitled 

under this section to receive the patent. The Board may hear 

and determine, in accordance with rules and procedures established 

for interference cases, the question so presented, and its determination shall be subject to appeal by the applicant or by the Administrator to the United States Court of Appeals for the Federal Circuit 

in accordance with procedures governing appeals from decisions 

of the Board of Patent Appeals and Interferences in other proceedings. 

(f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF FALSE REP- RESENTATIONS.—Whenever a patent has been issued to an applicant 

in conformity with subsection (e), and the Administrator thereafter 

has reason to believe that the statement filed by the applicant 

in connection with the patent contained a false representation of 

a material fact, the Administrator, within 5 years after the date 

of issuance of the patent, may file with the Director a request 

for the transfer to the Administrator of title to the patent on 

the records of the Director. Notice of any such request shall be 

transmitted by the Director to the owner of record of the patent, 
H. R. 3237—14 

and title to the patent shall be so transferred to the Administrator 

unless, within 30 days after receipt of notice, the owner of record 

requests a hearing before the Board of Patent Appeals and Interferences on the question whether any such false representation 

was contained in the statement filed in connection with the patent. 

The question shall be heard and determined, and the determination 

shall be subject to review, in the manner prescribed by subsection 

(e) for questions arising thereunder. A request made by the 

Administrator under this subsection for the transfer of title to 

a patent, and prosecution for the violation of any criminal statute, 

shall not be barred by the failure of the Administrator to make 

a request under subsection (e) for the issuance of the patent to 

the Administrator, or by any notice previously given by the Administrator stating that the Administrator had no objection to the 

issuance of the patent to the applicant. 

(g) WAIVER OF RIGHTS TO INVENTIONS.—Under such regulations 

in conformity with this subsection as the Administrator shall prescribe, the Administrator may waive all or any part of the rights 

of the United States under this section with respect to any invention 

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

or class of persons in the performance of any work required by 

any contract of the Administration if the Administrator determines 

that the interests of the United States will be served thereby. 

Any such waiver may be made upon such terms and under such 

conditions as the Administrator shall determine to be required 

for the protection of the interests of the United States. Each such 

waiver made with respect to any invention shall be subject to 

the reservation by the Administrator of an irrevocable, nonexclusive, 

nontransferable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States 

or any foreign government pursuant to any treaty or agreement 

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

subsection shall be referred to an Inventions and Contributions 

Board which shall be established by the Administrator within the 

Administration. Such Board shall accord to each interested party 

an opportunity for hearing, and shall transmit to the Administrator 

its findings of fact with respect to such proposal and its recommendations for action to be taken with respect thereto. 

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

take all suitable and necessary steps to protect any invention or 

discovery to which the Administrator has title, and to require 

contractors or persons who retain title to inventions or discoveries 

under this section to protect the inventions or discoveries to which 

the Administration has or may acquire a license of use. 

(i) ADMINISTRATION AS DEFENSE AGENCY.—The Administration 

shall be considered a defense agency of the United States for the 

purpose of chapter 17 of title 35. 

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

IN OUTER SPACE.—Any object intended for launch, launched, or 

assembled in outer space shall be considered a vehicle for the 

purpose of section 272 of title 35. 

(k) USE OR MANUFACTURE OF PATENTED INVENTIONS INCORPORATED IN SPACE VEHICLES LAUNCHED FOR PERSONS OTHER THAN

UNITED STATES.—The use or manufacture of any patented invention 

incorporated in a space vehicle launched by the United States 

Government for a person other than the United States shall not 

be considered to be a use or manufacture by or for the United 
H. R. 3237—15 

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

the Administration gives an express authorization or consent for 

such use or manufacture. 

§ 20136. Contributions awards 

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

Administrator is authorized, on the Administrator’s own initiative 

or on application of any person, to make a monetary award, in 

an amount and on terms the Administrator determines to be warranted, to any person (as defined by section 20135(a) of this title) 

for any scientific or technical contribution to the Administration 

which is determined by the Administrator to have significant value 

in the conduct of aeronautical and space activities. Each application 

made for such an award shall be referred to the Inventions and 

Contributions Board established under section 20135 of this title. 

Such Board shall accord to each applicant an opportunity for 

hearing on the application, and shall transmit to the Administrator 

its recommendation as to the terms of the award, if any, to be 

made to the applicant for the contribution. In determining the 

terms and conditions of an award the Administrator shall take 

into account— 

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

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

expended by the applicant for the development of the contribution; 

(3) the amount of any compensation (other than salary 

received for services rendered as an officer or employee of 

the Government) previously received by the applicant for or 

on account of the use of the contribution by the United States; 

and 

(4) any other factors the Administrator determines to be 

material. 

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

under subsection (a) claims an interest in the same contribution, 

the Administrator shall ascertain and determine the respective 

interests of the applicants, and shall apportion any award to be 

made among the applicants in amounts the Administrator determines to be equitable. 

(c) SURRENDER OF OTHER CLAIMS.—No award may be made under 

subsection (a) unless the applicant surrenders, by means the 

Administrator determines to be effective, all claims that the 

applicant may have to receive any compensation (other than the 

award made under this section) for the use of the contribution 

or any element thereof at any time by or on behalf of the United 

States, or by or on behalf of any foreign government pursuant 

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

States or at any other place. 

(d) REPORT AND WAITING PERIOD.—No award may be made under 

subsection (a) in an amount exceeding $100,000 unless the Administrator transmits to the appropriate committees of Congress a full 

and complete report concerning the amount and terms of, and 

the basis for, the proposed award, and a period of 30 calendar 

days of regular session of Congress expires after receipt of the 

report by the committees. 
H. R. 3237—16 

§ 20137. Malpractice and negligence suits against United 

States 

(a) EXCLUSIVE REMEDY.—The remedy against the United States 

provided by sections 1346(b) and 2672 of title 28, for damages 

for personal injury, including death, caused by the negligent or 

wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including 

medical and dental technicians, nursing assistants, and therapists) 

of the Administration in the performance of medical, dental, or 

related health care functions (including clinical studies and investigations) while acting within the scope of such person’s duties 

or employment therein or therefor shall be exclusive of any other 

civil action or proceeding by reason of the same subject matter 

against such person (or the estate of such person) whose act or 

omission gave rise to the action or proceeding. 

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

shall defend any civil action or proceeding brought in any court 

against any person referred to in subsection (a) (or the estate 

of such person) for any such injury. Any such person against whom 

such civil action or proceeding is brought shall deliver within such 

time after date of service or knowledge of service as determined 

by the Attorney General, all process served upon such person or 

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

or to whomever was designated by the Administrator to receive 

such papers. Such person shall promptly furnish copies of the 

pleading and process therein to the United States Attorney for 

the district embracing the place wherein the proceeding is brought, 

to the Attorney General, and to the Administrator. 

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

General that any person described in subsection (a) was acting 

in the scope of such person’s duties or employment at the time 

of the incident out of which the suit arose, any such civil action 

or proceeding commenced in a State court shall be removed without 

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

district court of the United States of the district and division 

embracing the place wherein it is pending and the proceeding 

deemed a tort action brought against the United States under 

the provisions of title 28, and all references thereto. Should a 

district court of the United States determine, on a hearing on 

a motion to remand held before a trial on the merits, that the 

case so removed is one in which a remedy by suit within the 

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

the case shall be remanded to the State court. 

(d) COMPROMISE OR SETTLEMENT OF CLAIMS.—The Attorney General may compromise or settle any claim asserted in such civil 

action or proceeding in the manner provided in section 2677 of 

title 28, and with the same effect. 

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

of this section, the provisions of section 2680(h) of title 28 shall 

not apply to any cause of action arising out of a negligent or 

wrongful act or omission in the performance of medical, dental, 

or related health care functions (including clinical studies and investigations). 

(f) LIABILITY INSURANCE FOR PERSONS ASSIGNED TO FOREIGN

COUNTRIES OR NON-FEDERAL AGENCIES.—The Administrator or the 

Administrator’s designee may, to the extent that the Administrator 
H. R. 3237—17 

or the designee deems appropriate, hold harmless or provide liability 

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

for personal injury, including death, caused by such person’s negligent or wrongful act or omission in the performance of medical, 

dental, or related health care functions (including clinical studies 

and investigations) while acting within the scope of such person’s 

duties if such person is assigned to a foreign country or detailed 

for service with other than a Federal department, agency, or 

instrumentality or if the circumstances are such as are likely to 

preclude the remedies of third persons against the United States 

described in section 2679(b) of title 28, for such damage or injury. 

§ 20138. Insurance and indemnification 

(a) DEFINITIONS.—In this section: 

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

object intended for launch, launched, or assembled in outer 

space, including the space shuttle and other components of 

a space transportation system, together with related equipment, 

devices, components, and parts. 

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

who may institute a claim against a user for death, bodily 

injury, or loss of or damage to property. 

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

an agreement with the Administration for use of all or a portion 

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

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

a space vehicle. 

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

terms and to the extent it may deem appropriate to provide liability 

insurance for any user of a space vehicle to compensate all or 

a portion of claims by third parties for death, bodily injury, or 

loss of or damage to property resulting from activities carried on 

in connection with the launch, operations, or recovery of the space 

vehicle. Appropriations available to the Administration may be 

used to acquire such insurance, but such appropriations shall be 

reimbursed to the maximum extent practicable by the users under 

reimbursement policies established pursuant to section 20113 of 

this title. 

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

this section as the Administrator shall prescribe taking into account 

the availability, cost, and terms of liability insurance, any agreement between the Administration and a user of a space vehicle 

may provide that the United States will indemnify the user against 

claims (including reasonable expenses of litigation or settlement) 

by third parties for death, bodily injury, or loss of or damage 

to property resulting from activities carried on in connection with 

the launch, operations, or recovery of the space vehicle, but only 

to the extent that such claims are not compensated by liability 

insurance of the user. Such indemnification may be limited to 

claims resulting from other than the actual negligence or willful 

misconduct of the user. 

(d) TERMS OF INDEMNIFICATION AGREEMENT.—An agreement 

made under subsection (c) that provides indemnification must also 

provide for— 

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

the user for the death, bodily injury, or loss of or damage 

to the property; and 
H. R. 3237—18 

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

States, at its election, of that suit or claim. 

(e) CERTIFICATION OF JUST AND REASONABLE AMOUNT.—No payment may be made under subsection (c) unless the Administrator 

or the Administrator’s designee certifies that the amount is just 

and reasonable. 

(f) PAYMENTS.—Upon the approval by the Administrator, payments under subsection (c) may be made, at the Administrator’s 

election, either from funds available for research and development 

not otherwise obligated or from funds appropriated for such payments. 

§ 20139. Insurance for experimental aerospace vehicles 

(a) DEFINITIONS.—In this section: 

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

means any person who enters into an agreement with the 

Administration for the performance of cooperative scientific, 

aeronautical, or space activities to carry out the purposes of 

this chapter. 

(2) DEVELOPER.—The term ‘‘developer’’ means a United States 

person (other than a natural person) who— 

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

for the purpose of developing new technology for an experimental aerospace vehicle; 

(B) owns or provides property to be flown or situated 

on that vehicle; or 

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

(3) EXPERIMENTAL AEROSPACE VEHICLE.—The term ‘‘experimental aerospace vehicle’’ means an object intended to be flown 

in, or launched into, orbital or suborbital flight for the purpose 

of demonstrating technologies necessary for a reusable launch 

vehicle, developed under an agreement between the Administration and a developer. 

(4) RELATED ENTITY.—The term ‘‘related entity’’ includes a 

contractor or subcontractor at any tier, a supplier, a grantee, 

and an investigator or detailee. 

(b) IN GENERAL.—The Administrator may provide liability insurance for, or indemnification to, the developer of an experimental 

aerospace vehicle developed or used in execution of an agreement 

between the Administration and the developer. 

(c) TERMS AND CONDITIONS.— 

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

the insurance and indemnification provided by the Administration under subsection (b) to a developer shall be provided on 

the same terms and conditions as insurance and indemnification is provided by the Administration under section 20138 

of this title to the user of a space vehicle. 

(2) INSURANCE.— 

(A) IN GENERAL.—A developer shall obtain liability insurance or demonstrate financial responsibility in amounts 

to compensate for the maximum probable loss from claims 

by— 

(i) a third party for death, bodily injury, or property 

damage, or loss resulting from an activity carried out 

in connection with the development or use of an experimental aerospace vehicle; and 
H. R. 3237—19 

(ii) the United States Government for damage or 

loss to Government property resulting from such an 

activity. 

(B) MAXIMUM REQUIRED.—The Administrator shall determine the amount of insurance required, but, except as 

provided in subparagraph (C), that amount shall not be 

greater than the amount required under section 50914(a)(3) 

of this title for a launch. The Administrator shall publish 

notice of the Administrator’s determination and the 

applicable amount or amounts in the Federal Register 

within 10 days after making the determination. 

(C) INCREASE IN DOLLAR AMOUNTS.—The Administrator 

may increase the dollar amounts set forth in section 

50914(a)(3)(A) of this title for the purpose of applying that 

section under this section to a developer after consultation 

with the Comptroller General and such experts and consultants as may be appropriate, and after publishing notice 

of the increase in the Federal Register not less than 180 

days before the increase goes into effect. The Administrator 

shall make available for public inspection, not later than 

the date of publication of such notice, a complete record 

of any correspondence received by the Administration, and 

a transcript of any meetings in which the Administration 

participated, regarding the proposed increase. 

(D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR

PROVIDES INSURANCE.—The Administrator may not provide 

liability insurance or indemnification under subsection (b) 

unless the developer establishes to the satisfaction of the 

Administrator that appropriate safety procedures and practices are being followed in the development of the experimental aerospace vehicle. 

(3) NO INDEMNIFICATION WITHOUT CROSS-WAIVER.—Notwithstanding subsection (b), the Administrator may not indemnify 

a developer of an experimental aerospace vehicle under this 

section unless there is an agreement between the Administration and the developer described in subsection (d). 

(4) APPLICATION OF CERTAIN PROCEDURES.—If the Administrator requests additional appropriations to make payments 

under this section, like the payments that may be made under 

section 20138(c) of this title, then the request for those appropriations shall be made in accordance with the procedures 

established by subsections (d) and (e) of section 50915 of this 

title. 

(d) CROSS-WAIVERS.— 

(1) ADMINISTRATOR AUTHORIZED TO WAIVE.—The Administrator, on behalf of the United States, and its departments, 

agencies, and instrumentalities, may reciprocally waive claims 

with a developer or cooperating party and with the related 

entities of that developer or cooperating party under which 

each party to the waiver agrees to be responsible, and agrees 

to ensure that its own related entities are responsible, for 

damage or loss to its property for which it is responsible, 

or for losses resulting from any injury or death sustained by 

its own employees or agents, as a result of activities connected 

to the agreement or use of the experimental aerospace vehicle. 

(2) LIMITATIONS.— 
H. R. 3237—20 

(A) CLAIMS.—A reciprocal waiver under paragraph (1) 

may not preclude a claim by any natural person (including, 

but not limited to, a natural person who is an employee 

of the United States, the developer, the cooperating party, 

or their respective subcontractors) or that natural person’s 

estate, survivors, or subrogees for injury or death, except 

with respect to a subrogee that is a party to the waiver 

or has otherwise agreed to be bound by the terms of the 

waiver. 

(B) LIABILITY FOR NEGLIGENCE.—A reciprocal waiver 

under paragraph (1) may not absolve any party of liability 

to any natural person (including, but not limited to, a 

natural person who is an employee of the United States, 

the developer, the cooperating party, or their respective 

subcontractors) or such a natural person’s estate, survivors, 

or subrogees for negligence, except with respect to a 

subrogee that is a party to the waiver or has otherwise 

agreed to be bound by the terms of the waiver. 

(C) INDEMNIFICATION FOR DAMAGES.—A reciprocal waiver 

under paragraph (1) may not be used as the basis of 

a claim by the Administration, or the developer or cooperating party, for indemnification against the other for damages paid to a natural person, or that natural person’s 

estate, survivors, or subrogees, for injury or death sustained 

by that natural person as a result of activities connected 

to the agreement or use of the experimental aerospace 

vehicle. 

(D) WILLFUL MISCONDUCT.—A reciprocal waiver under 

paragraph (1) may not relieve the United States, the developer, the cooperating party, or the related entities of the 

developer or cooperating party, of liability for damage or 

loss resulting from willful misconduct. 

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

to any waiver of claims entered into by the Administration 

without regard to the date on which the Administration entered 

into the waiver. 

(e) RELATIONSHIP TO OTHER LAWS.— 

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

transaction, or operation to which section 20138 of this title 

applies. 

(2) SECTION 50919(g)(1).—The Administrator may not provide 

indemnification to a developer under this section for launches 

subject to license under section 50919(g)(1) of this title. 

(f) TERMINATION.— 

(1) IN GENERAL.—The provisions of this section shall terminate on December 31, 2010. 

(2) EFFECT OF TERMINATION ON AGREEMENT.—The termination of this section shall not terminate or otherwise affect 

any cross-waiver agreement, insurance agreement, indemnification agreement, or other agreement entered into under this 

section, except as may be provided in that agreement. 

§ 20140. Appropriations 

(a) AUTHORIZATION.— 

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

such sums as may be necessary to carry out this chapter, 
H. R. 3237—21 

except that nothing in this chapter shall authorize the appropriation of any amount for— 

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

or 

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

or facility acquisition, construction, or expansion) which 

exceeds $250,000. 

(2) AVAILABILITY.—Sums appropriated pursuant to this subsection for the construction of facilities, or for research and 

development activities, shall remain available until expended. 

(b) USE OF FUNDS FOR EMERGENCY REPAIRS OF EXISTING FACILITIES.—Any funds appropriated for the construction of facilities may 

be used for emergency repairs of existing facilities when such 

existing facilities are made inoperative by major breakdown, 

accident, or other circumstances and such repairs are deemed by 

the Administrator to be of greater urgency than the construction 

of new facilities. 

(c) TERMINATION.—Notwithstanding any other provision of law, 

the authorization of any appropriation to the Administration shall 

expire (unless an earlier expiration is specifically provided) at the 

close of the third fiscal year following the fiscal year in which 

the authorization was enacted, to the extent that such appropriation 

has not theretofore actually been made. 

§ 20141. Misuse of agency name and initials 

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

this title) may knowingly use the words ‘‘National Aeronautics 

and Space Administration’’ or the letters ‘‘NASA’’, or any combination, variation, or colorable imitation of those words or letters 

either alone or in combination with other words or letters— 

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

calculated to convey the impression that the firm or business 

has some connection with, endorsement of, or authorization 

from, the Administration which does not, in fact, exist; or 

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

or made available to the public in a manner reasonably calculated to convey the impression that the product or service 

has the authorization, support, sponsorship, or endorsement 

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

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

(b) CIVIL PROCEEDING TO ENJOIN.—Whenever it appears to the 

Attorney General that any person is engaged in an act or practice 

which constitutes or will constitute conduct prohibited by subsection 

(a), the Attorney General may initiate a civil proceeding in a district 

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

§ 20142. Contracts regarding expendable launch vehicles 

(a) COMMITMENTS BEYOND AVAILABLE APPROPRIATIONS.—The 

Administrator may enter into contracts for expendable launch 

vehicle services that are for periods in excess of the period for 

which funds are otherwise available for obligation, provide for the 

payment for contingent liability which may accrue in excess of 

available appropriations in the event the Federal Government for 

its convenience terminates such contracts, and provide for advance 

payments reasonably related to launch vehicle and related equipment, fabrication, and acquisition costs, if any such contract limits 

the amount of the payments that the Government is allowed to 
H. R. 3237—22 

make under such contract to amounts provided in advance in appropriation Acts. Such contracts may be limited to sources within 

the United States when the Administrator determines that such 

limitation is in the public interest. 

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

available to continue any such contract, the contract shall be terminated for the convenience of the Government, and the costs of 

such contract shall be paid from appropriations originally available 

for performance of the contract, from other unobligated appropriations currently available for the procurement of launch services, 

or from funds appropriated for such payments. 

§ 20143. Full cost appropriations account structure 

(a) ACCOUNTS FOR APPROPRIATIONS.— 

(1) DESIGNATION OF 3 ACCOUNTS.—Appropriations for the 

Administration shall be made in 3 accounts, ‘‘Science, Aeronautics, and Education’’, ‘‘Exploration Systems and Space Operations’’, and an account for amounts appropriated for the necessary expenses of the Office of the Inspector General. 

(2) REPROGRAMMING.—Within the Exploration Systems and 

Space Operations account, no more than 10 percent of the 

funds for a fiscal year for Exploration Systems may be 

reprogrammed for Space Operations, and no more than 10 

percent of the funds for a fiscal year for Space Operations 

may be reprogrammed for Exploration Systems. This paragraph 

shall not apply to reprogramming for the purposes described 

in subsection (b)(2). 

(3) AVAILABILITY.—Appropriations shall remain available for 

2 fiscal years, unless otherwise specified in law. Each account 

shall include the planned full costs of Administration activities. 

(b) TRANSFERS AMONG ACCOUNTS.— 

(1) IN GENERAL.—To ensure the safe, timely, and successful 

accomplishment of Administration missions, the Administration 

may transfer among accounts as necessary, amounts for— 

(A) Federal salaries and benefits; 

(B) training, travel, and awards; 

(C) facility and related costs; 

(D) information technology services; 

(E) publishing services; 

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

and 

(G) other administrative services. 

(2) DISASTER, ACT OF TERRORISM, EMERGENCY RESCUE.—The 

Administration may also transfer amounts among accounts for 

the immediate costs of recovering from damage caused by a 

major disaster (as defined in section 102 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5122)) or by an act of terrorism, or for the immediate 

costs associated with an emergency rescue of astronauts. 

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

of prior appropriations to the Administration for activities authorized under this chapter may be transferred to the new account 

established for such activity in subsection (a). Balances so transferred may be merged with funds in the newly established account 

and thereafter may be accounted for as one fund under the same 

terms and conditions. 
H. R. 3237—23 

§ 20144. Prize authority 

(a) IN GENERAL.—The Administration may carry out a program 

to competitively award cash prizes to stimulate innovation in basic 

and applied research, technology development, and prototype demonstration that have the potential for application to the performance 

of the space and aeronautical activities of the Administration. The 

Administration may carry out a program to award prizes only 

in conformity with this section. 

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

Administrator shall consult widely both within and outside the 

Federal Government, and may empanel advisory committees. The 

Administrator shall give consideration to prize goals such as the 

demonstration of the ability to provide energy to the lunar surface 

from space-based solar power systems, demonstration of innovative 

near-Earth object survey and deflection strategies, and innovative 

approaches to improving the safety and efficiency of aviation systems. 

(c) ADVERTISING.—The Administrator shall widely advertise prize 

competitions to encourage participation. 

(d) REQUIREMENTS AND REGISTRATION.—For each prize competition, the Administrator shall publish a notice in the Federal Register announcing the subject of the competition, the rules for being 

eligible to participate in the competition, the amount of the prize, 

and the basis on which a winner will be selected. 

(e) ELIGIBILITY.—To be eligible to win a prize under this section, 

an individual or entity— 

(1) shall have registered to participate in the competition 

pursuant to any rules promulgated by the Administrator under 

subsection (d); 

(2) shall have complied with all the requirements under 

this section; 

(3) in the case of a private entity, shall be incorporated 

in and maintain a primary place of business in the United 

States, and in the case of an individual, whether participating 

singly or in a group, shall be a citizen or permanent resident 

of the United States; and 

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

within the scope of their employment. 

(f) LIABILITY.— (1) ASSUMPTION OF RISK.—Registered participants must agree 

to assume any and all risks and waive claims against the 

Federal Government and its related entities, except in the 

case of willful misconduct, for any injury, death, damage, or 

loss of property, revenue, or profits, whether direct, indirect, 

or consequential, arising from their participation in a competition, whether such injury, death, damage, or loss arises through 

negligence or otherwise. For the purposes of this paragraph, 

the term ‘‘related entity’’ means a contractor or subcontractor 

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

grantee, investigator, or detailee. 

(2) LIABILITY INSURANCE.—Participants must obtain liability 

insurance or demonstrate financial responsibility, in amounts 

determined by the Administrator, for claims by— 

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

damage, or loss resulting from an activity carried out in 

connection with participation in a competition, with the 

Federal Government named as an additional insured under 
H. R. 3237—24 

the registered participant’s insurance policy and registered 

participants agreeing to indemnify the Federal Government 

against third party claims for damages arising from or 

related to competition activities; and 

(B) the Federal Government for damage or loss to 

Government property resulting from such an activity. 

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

directly or through an agreement under subsection (h), shall 

assemble a panel of qualified judges to select the winner or winners 

of the prize competition on the basis described pursuant to subsection (d). Judges for each competition shall include individuals 

from outside the Administration, including from the private sector. 

A judge may not— 

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

officer, director, or agent of any entity that is a registered 

participant in a competition; or 

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

who is a registered participant. 

(h) ADMINISTERING THE COMPETITION.—The Administrator may 

enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section. 

(i) FUNDING.— 

(1) SOURCES.—Prizes under this section may consist of Federal appropriated funds and funds provided by the private 

sector for such cash prizes. The Administrator may accept 

funds from other Federal agencies for such cash prizes. The 

Administrator may not give any special consideration to any 

private sector entity in return for a donation. 

(2) AVAILABILITY.— 

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

known as the Anti-Deficiency Act’’ means sections 1341, 

1342, 1349(a), 1350, 1351, 1511, 1512, 1513, 1514, 1515, 

1516, 1517, 1518, and 1519 of title 31. 

(B) IN GENERAL.—Notwithstanding any other provision 

of law, funds appropriated for prize awards under this 

section shall remain available until expended, and may 

be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after 

the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation 

or payment of funds in violation of the provisions known 

as the Anti-Deficiency Act. 

(3) APPROPRIATION OR COMMITMENT OF FUNDS REQUIRED

BEFORE ANNOUNCEMENT OF PRIZE OR INCREASE.— 

(A) IN GENERAL.—No prize may be announced under 

subsection (d) until all the funds needed to pay out the 

announced amount of the prize have been appropriated 

or committed in writing by a private source. 

(B) INCREASE.—The Administrator may increase the 

amount of a prize after an initial announcement is made 

under subsection (d) if— 

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

manner as the initial notice of the prize; and 

(ii) the funds needed to pay out the announced 

amount of the increase have been appropriated or committed in writing by a private source. 
H. R. 3237—25 

(4) NOTICE TO COMMITTEES FOR PRIZE GREATER THAN

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

a prize in an amount greater than $50,000,000 unless 30 days 

have elapsed after written notice has been transmitted to the 

Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate. 

(5) APPROVAL OF ADMINISTRATOR FOR PRIZE GREATER THAN

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

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

the approval of the Administrator. 

(j) USE OF ADMINISTRATION NAME OR INSIGNIA.—A registered 

participant in a competition under this section may use the 

Administration’s name, initials, or insignia only after prior review 

and written approval by the Administration. 

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

shall not, by virtue of offering or providing a prize under this 

section, be responsible for compliance by registered participants 

in a prize competition with Federal law, including licensing, export 

control, and non-proliferation laws, and related regulations. 

§ 20145. Lease of non-excess property 

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

this section with any person or entity (including another department 

or agency of the Federal Government or an entity of a State or 

local government) with regard to any non-excess real property and 

related personal property under the jurisdiction of the Administrator. 

(b) CASH CONSIDERATION.— 

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

a lease under this section shall provide cash consideration 

for the lease at fair market value as determined by the Administrator. 

(2) UTILIZATION.— (A) IN GENERAL.—The Administrator may utilize 

amounts of cash consideration received under this subsection for a lease entered into under this section to cover 

the full costs to the Administration in connection with 

the lease. These funds shall remain available until 

expended. 

(B) CAPITAL REVITALIZATION AND IMPROVEMENTS.—Of any 

amounts of cash consideration received under this subsection that are not utilized in accordance with subparagraph (A)— 

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

account to be established by the Administrator, shall 

be available for maintenance, capital revitalization, 

and improvements of the real property assets and 

related personal property under the jurisdiction of the 

Administrator, and shall remain available until 

expended; and 

(ii) the remaining 65 percent shall be available to 

the respective center or facility of the Administration 

engaged in the lease of nonexcess real property, and 

shall remain available until expended for maintenance, 

capital revitalization, and improvements of the real 

property assets and related personal property at the 
H. R. 3237—26 

respective center or facility subject to the concurrence 

of the Administrator. 

(C) NO UTILIZATION FOR DAILY OPERATING COSTS.— 

Amounts utilized under subparagraph (B) may not be utilized for daily operating costs. 

(c) ADDITIONAL TERMS AND CONDITIONS.—The Administrator may 

require such terms and conditions in connection with a lease under 

this section as the Administrator considers appropriate to protect 

the interests of the United States. 

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

under this section to lease property of the Administration is in 

addition to any other authority to lease property of the Administration under law. 

(e) LEASE RESTRICTIONS.— 

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

is not authorized to lease back property under this section 

during the term of the out-lease or enter into other contracts 

with the lessee respecting the property. 

(2) CERTIFICATION THAT OUT-LEASE WILL NOT HAVE NEGATIVE

IMPACT ON MISSION.—The Administration is not authorized to 

enter into an out-lease under this section unless the Administrator certifies that the out-lease will not have a negative 

impact on the mission of the Administration. 

(f) REPORTING REQUIREMENTS.—The Administrator shall submit 

an annual report by January 31st of each year. The report shall 

include the following: 

(1) VALUE OF ARRANGEMENTS AND EXPENDITURES OF REVE- NUES.—Information that identifies and quantifies the value 

of the arrangements and expenditures of revenues received 

under this section. 

(2) AVAILABILITY AND USE OF FUNDS FOR OPERATING PLAN.— The availability and use of funds received under this section 

for the Administration’s operating plan. 

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

shall expire 10 years after December 26, 2007. The expiration 

under this subsection of authority to enter into leases under this 

section shall not affect the validity or term of leases or the Administration’s retention of proceeds from leases entered into under this 

section before the expiration of the authority. 

§ 20146. Retrocession of jurisdiction 

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

any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, 

American Samoa, the Northern Mariana Islands, and any other 

commonwealth, territory, or possession of the United States. 

(b) RELINQUISHING LEGISLATIVE JURISDICTION.—Notwithstanding 

any other provision of law, the Administrator may relinquish to 

a State all or part of the legislative jurisdiction of the United 

States over lands or interests under the control of the Administrator 

in that State. 

§ 20147. Recovery and disposition authority 

(a) DEFINITIONS.—In this section: 

(1) ADMINISTRATION HUMAN SPACE FLIGHT VEHICLE.—The 

term ‘‘Administration human space flight vehicle’’ means a 

space vehicle, as defined in section 20138(a) of this title, that— 
H. R. 3237—27 

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

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

(C) is either— 

(i) owned by the Administration; or 

(ii) owned by an Administration contractor or cooperating party and operated as part of an Administration 

mission or a joint mission with the Administration. 

(2) CREWMEMBER.—The term ‘‘crewmember’’ means an astronaut or other person assigned to an Administration human 

space flight vehicle. 

(b) CONTROL OF REMAINS.— (1) IN GENERAL.—Subject to paragraphs (2) and (3), when 

there is an accident or mishap resulting in the death of a 

crewmember of an Administration human space flight vehicle, 

the Administrator may take control over the remains of the 

crewmember and order autopsies and other scientific or medical 

tests. 

(2) TREATMENT.—Each crewmember shall provide the 

Administrator with the crewmember’s preferences regarding 

the treatment accorded to the crewmember’s remains and the 

Administrator shall, to the extent possible, respect those stated 

preferences. 

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

permit the Administrator to interfere with any Federal investigation of a mishap or accident. 

SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH 

§ 20161. Congressional declaration of purpose and policy 

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

and direct the Administration to develop and carry out a comprehensive program of research, technology, and monitoring of the phenomena of the upper atmosphere so as to provide for an understanding of and to maintain the chemical and physical integrity 

of the Earth’s upper atmosphere. 

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

States to undertake an immediate and appropriate research, technology, and monitoring program that will provide for understanding 

the physics and chemistry of the Earth’s upper atmosphere. 

§ 20162. Definition of upper atmosphere 

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

portion of the Earth’s sensible atmosphere above the troposphere. 

§ 20163. Program authorized 

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

subchapter, the Administration, in cooperation with other Federal 

agencies, shall initiate and carry out a program of research, technology, monitoring, and other appropriate activities directed to 

understand the physics and chemistry of the upper atmosphere. 

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

the Administration shall— 

(1) arrange for participation by the scientific and engineering 

community, of both the Nation’s industrial organizations and 

institutions of higher education, in planning and carrying out 

appropriate research, in developing necessary technology, and 

in making necessary observations and measurements; 
H. R. 3237—28 

(2) provide, by way of grant, contract, scholarships, or other 

arrangements, to the maximum extent practicable and consistent with other laws, for the widest practicable and appropriate participation of the scientific and engineering community 

in the program authorized by this subchapter; and 

(3) make all results of the program authorized by this subchapter available to the appropriate regulatory agencies and 

provide for the widest practicable dissemination of such results. 

§ 20164. International cooperation 

In carrying out the provisions of this subchapter, the Administration, subject to the direction of the President and after consultation 

with the Secretary of State, shall make every effort to enlist the 

support and cooperation of appropriate scientists and engineers 

of other countries and international organizations. 

CHAPTER 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. 

§ 20301. General responsibilities 

(a) PROGRAMS.—The Administrator shall ensure that the Administration carries out a balanced set of programs that shall include, 

at a minimum, programs in— 

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

of this title; 

(2) aeronautics research and development; and 

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

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

and their moons, and to deepen understanding of 

astronomy, astrophysics, and other areas of science that 

can be productively studied from space; 

(B) Earth science research and research on the SunEarth connection through the development and operation 

of research satellites and other means; 

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

science, and microgravity science; and 

(D) research on microgravity, including research that 

is not directly related to human exploration. 

(b) CONSULTATION AND COORDINATION.—In carrying out the programs of the Administration, the Administrator shall— 

(1) consult and coordinate to the extent appropriate with 

other relevant Federal agencies, including through the National 

Science and Technology Council; 

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

(A) encouraging the work of entrepreneurs who are 

seeking to develop new means to launch satellites, crew, 

or cargo; 

(B) contracting with the private sector for crew and cargo 

services, including to the International Space Station, to 

the extent practicable; 
H. R. 3237—29 

(C) using commercially available products (including software) and services to the extent practicable to support 

all Administration activities; and 

(D) encouraging commercial use and development of 

space to the greatest extent practicable; and 

(3) involve other nations to the extent appropriate. 

§ 20302. Vision for space exploration 

(a) IN GENERAL.—The Administrator shall establish a program 

to develop a sustained human presence on the Moon, including 

a robust precursor program, to promote exploration, science, commerce, and United States preeminence in space, and as a steppingstone to future exploration of Mars and other destinations. The 

Administrator is further authorized to develop and conduct appropriate international collaborations in pursuit of these goals. 

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

flight programs to strive to achieve the following milestones (in 

conformity with section 70502 of this title): 

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

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

as possible. 

(3) Increasing knowledge of the impacts of long duration 

stays in space on the human body using the most appropriate 

facilities available, including the International Space Station. 

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

other destinations on a timetable that is technically and fiscally 

possible. 

§ 20303. Contribution to innovation 

(a) PARTICIPATION IN INTERAGENCY ACTIVITIES.—The Administration shall be a full participant in any interagency effort to promote 

innovation and economic competitiveness through near-term and 

long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the Administration’s mission, including 

authorized activities. 

(b) HISTORIC FOUNDATION.—In order to carry out the participation 

described in subsection (a), the Administrator shall build on the 

historic role of the Administration in stimulating excellence in 

the advancement of physical science and engineering disciplines 

and in providing opportunities and incentives for the pursuit of 

academic studies in science, technology, engineering, and mathematics. 

(c) BALANCED SCIENCE PROGRAM AND ROBUST AUTHORIZATION

LEVELS.—The balanced science program authorized by section 

101(d) of the National Aeronautics and Space Administration 

Authorization Act of 2005 (42 U.S.C. 16611(d)) shall be an element 

of the contribution by the Administration to the interagency programs. 

(d) ANNUAL REPORT.— 

(1) REQUIREMENT.—The Administrator shall submit to Congress and the President an annual report describing the activities conducted pursuant to this section, including a description 

of the goals and the objective metrics upon which funding 

decisions were made. 

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

(1) shall include, with regard to science, technology, 
H. R. 3237—30 

engineering, and mathematics education programs, at a minimum, the following: 

(A) A description of each program. 

(B) The amount spent on each program. 

(C) The number of students or teachers served by each 

program. 

§ 20304. Basic research enhancement 

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

‘‘basic research’’ has the meaning given the term in Office of 

Management and Budget Circular No. A–11. 

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

National Science Foundation, the Secretary of Energy, the Secretary 

of Defense, and the Secretary of Commerce shall, to the extent 

practicable, coordinate basic research activities related to physical 

sciences, technology, engineering, and mathematics. 

§ 20305. National Academies decadal surveys 

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

on a periodic basis with the National Academies for independent 

assessments, also known as decadal surveys, to take stock of the 

status and opportunities for Earth and space science discipline 

fields and Aeronautics research and to recommend priorities for 

research and programmatic areas over the next decade. 

(b) INDEPENDENT COST ESTIMATES.—The agreements described 

in subsection (a) shall include independent estimates of the life 

cycle costs and technical readiness of missions assessed in the 

decadal surveys whenever possible. 

(c) REEXAMINATION.—The Administrator shall request that each 

National Academies decadal survey committee identify any conditions or events, such as significant cost growth or scientific or 

technological advances, that would warrant the Administration 

asking the National Academies to reexamine the priorities that 

the decadal survey had established. 

Subtitle III—Administrative Provisions 

CHAPTER 301—APPROPRIATIONS, BUDGETS, AND 

ACCOUNTING 

Sec. 

30101. Prior authorization of appropriations required. 

30102. Working capital fund. 

30103. Budgets. 

30104. Baselines and cost controls. 

§ 30101. Prior authorization of appropriations required 

Notwithstanding the provisions of any other law, no appropriation 

may be made to the Administration unless previously authorized 

by legislation enacted by Congress. 

§ 30102. Working capital fund 

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

States Treasury an Administration working capital fund. 

(b) AVAILABILITY OF AMOUNTS.— 
H. R. 3237—31 

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

financing activities, services, equipment, information, and facilities as authorized by law to be provided— 

(A) within the Administration; 

(B) to other agencies or instrumentalities of the United 

States; 

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

(D) to other public or private agencies; or 

(E) to any person, firm, association, corporation, or educational institution on a reimbursable basis. 

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

the purpose of funding capital repairs, renovations, rehabilitation, sustainment, demolition, or replacement of Administration 

real property, on a reimbursable basis within the Administration. 

(3) NO FISCAL YEAR LIMITATION.—Amounts in the fund are 

available without regard to fiscal year limitation. 

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

(1) amounts appropriated to the fund; 

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

and other assets and inventories on order that the Administrator transfers to the fund, less the related liabilities and 

unpaid obligations; and 

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

fund. 

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

for supplies and services at rates that will approximate the expenses 

of operation, such as the accrual of annual leave, depreciation 

of plant, property, and equipment, and overhead. 

§ 30103. Budgets 

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

submitted by the President for each fiscal year shall be accompanied 

by documents showing— 

(1) by program— 

(A) the budget for space operations, including the International Space Station and the space shuttle; 

(B) the budget for exploration systems; 

(C) the budget for aeronautics; 

(D) the budget for space science; 

(E) the budget for Earth science; 

(F) the budget for microgravity science; 

(G) the budget for education; 

(H) the budget for safety oversight; and 

(I) the budget for public relations; 

(2) the budget for technology transfer programs; 

(3) the budget for the Integrated Enterprise Management 

Program, by individual element; 

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

total and by center; 

(5) the total budget for the prize program under section 

20144 of this title, and the administrative budget for that 

program; and 

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

years for each item in the proposed budget. 
H. R. 3237—32 

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

the Committee on Science and Technology of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate— 

(1) information on corporate and center general and administrative costs and service pool costs, including— 

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

purposes for any fiscal year for which the President has 

submitted an annual budget request to Congress; 

(B) the amount of funds being allocated for those purposes for each center, for headquarters, and for each directorate; and 

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

and 

(2) the figures on the amount of unobligated funds and unexpended funds, by appropriations account— 

(A) that remained at the end of the fiscal year prior 

to the fiscal year in which the budget is being presented 

that were carried over into the fiscal year in which the 

budget is being presented; 

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

fiscal year in which the budget is being presented that 

are proposed to be carried over into the fiscal year for 

which the budget is being presented; and 

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

fiscal year for which the budget is being presented. 

(c) INFORMATION IN ANNUAL BUDGET JUSTIFICATION.—The 

Administration shall provide, at a minimum, the following information in its annual budget justification: 

(1) The actual, current, proposed funding level, and estimated 

budgets for the next 5 fiscal years by directorate, theme, program, project and activity within each appropriations account. 

(2) The proposed programmatic and non-programmatic 

construction of facilities. 

(3) The budget for headquarters including— 

(A) the budget by office, and any division thereof, for 

the actual, current, proposed funding level, and estimated 

budgets for the next 5 fiscal years; 

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

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

and 

(C) the civil service full time equivalent assignments 

per headquarters office, and any division thereof, including 

the number of Senior Executive Service, noncareer, 

detailee, and contract personnel per office. 

(4) Within 14 days of the submission of the budget to Congress an accompanying volume shall be provided to the Committees on Appropriations containing the following information 

for each center, facility managed by any center, and federally 

funded research and development center operated on behalf 

of the Administration: 

(A) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, 

theme, program, project, and activity. 

(B) The proposed programmatic and non-programmatic 

construction of facilities. 
H. R. 3237—33 

(C) The number of civil service full time equivalent positions per center for each identified fiscal year. 

(D) The number of civil service full time equivalent positions considered to be uncovered capacity at each location 

for each identified fiscal year. 

(5) The proposed budget as designated by object class for 

each directorate, theme, and program. 

(6) Sufficient narrative shall be provided to explain the 

request for each program, project, and activity, and an explanation for any deviation to previously adopted baselines for 

all justification materials provided to the Committees. 

(d) ESTIMATE OF GROSS RECEIPTS AND PROPOSED USE OF FUNDS

RELATED TO LEASE OF PROPERTY.—Each annual budget request 

shall include an annual estimate of gross receipts and collections 

and proposed use of all funds collected pursuant to section 20145 

of this title. 

§ 30104. Baselines and cost controls 

(a) DEFINITIONS.—In this section: 

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

of a program following the formulation phase and beginning 

with the approval to proceed to implementation, as defined 

in the Administration’s Procedural Requirements 7120.5c, dated 

March 22, 2005. 

(2) DEVELOPMENT COST.—The term ‘‘development cost’’ means 

the total of all costs, including construction of facilities and 

civil servant costs, from the period beginning with the approval 

to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program. 

(3) LIFE-CYCLE COST.—The term ‘‘life-cycle cost’’ means the 

total of the direct, indirect, recurring, and nonrecurring costs, 

including the construction of facilities and civil servant costs, 

and other related expenses incurred or estimated to be incurred 

in the design, development, verification, production, operation, 

maintenance, support, and retirement of a program over its 

planned lifespan, without regard to funding source or management control. 

(4) MAJOR PROGRAM.—The term ‘‘major program’’ means an 

activity approved to proceed to implementation that has an 

estimated life-cycle cost of more than $250,000,000. 

(b) CONDITIONS FOR DEVELOPMENT.— 

(1) IN GENERAL.—The Administration shall not enter into 

a contract for the development of a major program unless 

the Administrator determines that— 

(A) the technical, cost, and schedule risks of the program 

are clearly identified and the program has developed a 

plan to manage those risks; 

(B) the technologies required for the program have been 

demonstrated in a relevant laboratory or test environment; 

and 

(C) the program complies with all relevant policies, regulations, and directives of the Administration. 

(2) REPORT.—The Administrator shall transmit a report 

describing the basis for the determination required under paragraph (1) to the Committee on Science and Technology of the 

House of Representatives and the Committee on Commerce, 
H. R. 3237—34 

Science, and Transportation of the Senate at least 30 days 

before entering into a contract for development under a major 

program. 

(3) NONDELEGATION.—The Administrator may not delegate 

the determination requirement under this subsection, except 

in cases in which the Administrator has a conflict of interest. 

(c) MAJOR PROGRAM ANNUAL REPORTS.— 

(1) REQUIREMENT.—Annually, at the same time as the President’s annual budget submission to Congress, the Administrator 

shall transmit to the Committee on Science and Technology 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that 

includes the information required by this section for each major 

program for which the Administration proposes to expend funds 

in the subsequent fiscal year. Reports under this paragraph 

shall be known as Major Program Annual Reports. 

(2) BASELINE REPORT.—The first Major Program Annual 

Report for each major program shall include a Baseline Report 

that shall, at a minimum, include— 

(A) the purposes of the program and key technical 

characteristics necessary to fulfill those purposes; 

(B) an estimate of the life-cycle cost for the program, 

with a detailed breakout of the development cost, program 

reserves, and an estimate of the annual costs until development is completed; 

(C) the schedule for development, including key program 

milestones; 

(D) the plan for mitigating technical, cost, and schedule 

risks identified in accordance with subsection (b)(1)(A); and 

(E) the name of the person responsible for making 

notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program. 

(3) INFORMATION UPDATES.—For major programs for which 

a Baseline Report has been submitted, each subsequent Major 

Program Annual Report shall describe any changes to the 

information that had been provided in the Baseline Report, 

and the reasons for those changes. 

(d) NOTIFICATION.— 

(1) REQUIREMENT.—The individual identified under subsection (c)(2)(E) shall immediately notify the Administrator any 

time that individual has reasonable cause to believe that, for 

the major program for which he or she is responsible— 

(A) the development cost of the program is likely to 

exceed the estimate provided in the Baseline Report of 

the program by 15 percent or more; or 

(B) a milestone of the program is likely to be delayed 

by 6 months or more from the date provided for it in 

the Baseline Report of the program. 

(2) REASONS.—Not later than 30 days after the notification 

required under paragraph (1), the individual identified under 

subsection (c)(2)(E) shall transmit to the Administrator a written notification explaining the reasons for the change in the 

cost or milestone of the program for which notification was 

provided under paragraph (1). 
H. R. 3237—35 

(3) NOTIFICATION OF CONGRESS.—Not later than 15 days after 

the Administrator receives a written notification under paragraph (2), the Administrator shall transmit the notification 

to the Committee on Science and Technology of the House 

of Representatives and the Committee on Commerce, Science, 

and Transportation of the Senate. 

(e) FIFTEEN PERCENT THRESHOLD.— 

(1) DETERMINATION, REPORT, AND INITIATION OF ANALYSIS.— 

Not later than 30 days after receiving a written notification 

under subsection (d)(2), the Administrator shall determine 

whether the development cost of the program is likely to exceed 

the estimate provided in the Baseline Report of the program 

by 15 percent or more, or whether a milestone is likely to 

be delayed by 6 months or more. If the determination is affirmative, the Administrator shall— 

(A) transmit to the Committee on Science and Technology 

of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate, not 

later than 15 days after making the determination, a report 

that includes— 

(i) a description of the increase in cost or delay 

in schedule and a detailed explanation for the increase 

or delay; 

(ii) a description of actions taken or proposed to 

be taken in response to the cost increase or delay; 

and 

(iii) a description of any impacts the cost increase 

or schedule delay, or the actions described under clause 

(ii), will have on any other program within the 

Administration; and 

(B) if the Administrator intends to continue with the 

program, promptly initiate an analysis of the program, 

which shall include, at a minimum— 

(i) the projected cost and schedule for completing 

the program if current requirements of the program 

are not modified; 

(ii) the projected cost and the schedule for completing 

the program after instituting the actions described 

under subparagraph (A)(ii); and 

(iii) a description of, and the projected cost and 

schedule for, a broad range of alternatives to the program. 

(2) COMPLETION OF ANALYSIS AND TRANSMITTAL TO COMMITTEES.—The Administration shall complete an analysis initiated 

under paragraph (1)(B) not later than 6 months after the 

Administrator makes a determination under this subsection. 

The Administrator shall transmit the analysis to the Committee 

on Science and Technology of the House of Representatives 

and Committee on Commerce, Science, and Transportation of 

the Senate not later than 30 days after its completion. 

(f) THIRTY PERCENT THRESHOLD.—If the Administrator determines under subsection (e) that the development cost of a program 

will exceed the estimate provided in the Baseline Report of the 

program by more than 30 percent, then, beginning 18 months 

after the date the Administrator transmits a report under subsection (e)(1)(A), the Administrator shall not expend any additional 

funds on the program, other than termination costs, unless Congress 
H. R. 3237—36 

has subsequently authorized continuation of the program by law. 

An appropriation for the specific program enacted subsequent to 

a report being transmitted shall be considered an authorization 

for purposes of this subsection. If the program is continued, the 

Administrator shall submit a new Baseline Report for the program 

no later than 90 days after the date of enactment of the Act 

under which Congress has authorized continuation of the program. 

CHAPTER 303—CONTRACTING AND PROCUREMENT 

Sec. 

30301. Guaranteed customer base. 

30302. Quality assurance personnel. 

30303. Tracking and data relay satellite services. 

30304. Award of contracts to small businesses and disadvantaged individuals. 

30305. Outreach program. 

30306. Small business contracting. 

30307. Requirement for independent cost analysis. 

30308. Cost effectiveness calculations. 

30309. Use of abandoned and underutilized buildings, grounds, and facilities. 

30310. Exception to alternative fuel procurement requirement. 

§ 30301. Guaranteed customer base 

No amount appropriated to the Administration may be used 

to fund grants, contracts, or other agreements with an expected 

duration of more than one year, when a primary effect of the 

grant, contract, or agreement is to provide a guaranteed customer 

base for or establish an anchor tenancy in new commercial space 

hardware or services unless an appropriations Act specifies the 

new commercial space hardware or services to be developed or 

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

in such Act. 

§ 30302. Quality assurance personnel 

(a) EXCLUSION OF ADMINISTRATION PERSONNEL.—A person providing articles to the Administration under a contract entered into 

after December 9, 1991, may not exclude Administration quality 

assurance personnel from work sites except as provided in a contract 

provision that has been submitted to Congress as provided in subsection (b). 

(b) CONTRACT PROVISIONS.—The Administration shall not enter 

into any contract which permits the exclusion of Administration 

quality assurance personnel from work sites unless the Administrator has submitted a copy of the provision permitting such exclusion to Congress at least 60 days before entering into the contract. 

§ 30303. Tracking and data relay satellite services 

(a) CONTRACTS.—The Administration is authorized, when so provided in an appropriation Act, to enter into and to maintain a 

contract for tracking and data relay satellite services. Such services 

shall be furnished to the Administration in accordance with 

applicable authorization and appropriations Acts. The Government 

shall incur no costs under such contract prior to the furnishing 

of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue 

in the event the Government should decide for its convenience 

to terminate the contract before the end of the period of the contract. 

Facilities which may be required in the performance of the contract 

may be constructed on Government-owned lands if there is included 
H. R. 3237—37 

in the contract a provision under which the Government may 

acquire title to the facilities, under terms and conditions agreed 

upon in the contract, upon termination of the contract. 

(b) REPORTS TO CONGRESS.—The Administrator shall in January 

of each year report to the Committee on Science and Technology 

and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation 

and the Committee on Appropriations of the Senate the projected 

aggregate contingent liability of the Government under termination 

provisions of any contract authorized in this section through the 

next fiscal year. The authority of the Administration to enter into 

and to maintain the contract authorized hereunder shall remain 

in effect unless repealed by legislation enacted by Congress. 

§ 30304. Award of contracts to small businesses and disadvantaged individuals 

The Administrator shall annually establish a goal of at least 

8 percent of the total value of prime and subcontracts awarded 

in support of authorized programs, including the space station 

by the time operational status is obtained, which funds will be 

made available to small business concerns or other organizations 

owned or controlled by socially and economically disadvantaged 

individuals (within the meaning of paragraphs (5) and (6) of section 

8(a) of the Small Business Act (15 U.S.C. 637(a))), including Historically Black Colleges and Universities that are part B institutions 

(as defined in section 322(2) of the Higher Education Act of 1965 

(20 U.S.C. 1061(2))), Hispanic-serving institutions (as defined in 

section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges 

or Universities (as defined in section 316(b)(3) of that Act (20 

U.S.C. 1059c(b)(3))), Alaska Native-serving institutions (as defined 

in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2))), Native 

Hawaiian-serving institutions (as defined in section 317(b)(4) of 

that Act (20 U.S.C. 1059d(b)(4))), and minority educational institutions (as defined by the Secretary of Education pursuant to the 

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

§ 30305. Outreach program 

(a) ESTABLISHMENT.—The Administration shall competitively 

select an organization to partner with Administration centers, aerospace contractors, and academic institutions to carry out a program 

to help promote the competitiveness of small, minority-owned, and 

women-owned businesses in communities across the United States 

through enhanced insight into the technologies of the Administration’s space and aeronautics programs. The program shall support 

the mission of the Administration’s Innovative Partnerships Program with its emphasis on joint partnerships with industry, academia, government agencies, and national laboratories. 

(b) PROGRAM STRUCTURE.—In carrying out the program described 

in subsection (a), the organization shall support the mission of 

the Administration’s Innovative Partnerships Program by undertaking the following activities: 

(1) FACILITATING ENHANCED INSIGHT.—Facilitating the 

enhanced insight of the private sector into the Administration’s 

technologies in order to increase the competitiveness of the 

private sector in producing viable commercial products. 

(2) CREATING NETWORK.—Creating a network of academic 

institutions, aerospace contractors, and Administration centers 
H. R. 3237—38 

that will commit to donating appropriate technical assistance 

to small businesses, giving preference to socially and economically disadvantaged small business concerns, small business 

concerns owned and controlled by service-disabled veterans, 

and HUBZone small business concerns. This paragraph shall 

not apply to any contracting actions entered into or taken 

by the Administration. 

(3) CREATING NETWORK OF ECONOMIC DEVELOPMENT

ORGANIZATIONS.—Creating a network of economic development 

organizations to increase the awareness and enhance the 

effectiveness of the program nationwide. 

(c) REPORT.—Not later than one year after October 15, 2008, 

and annually thereafter, the Administrator shall submit a report 

to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate describing the efforts and accomplishments of the program established under subsection (a) in support 

of the Administration’s Innovative Partnerships Program. As part 

of the report, the Administrator shall provide— 

(1) data on the number of small businesses receiving assistance, jobs created and retained, and volunteer hours donated 

by the Administration, contractors, and academic institutions 

nationwide; 

(2) an estimate of the total dollar value of the economic 

impact made by small businesses that received technical assistance through the program; and 

(3) an accounting of the use of funds appropriated for the 

program. 

§ 30306. Small business contracting 

(a) PLAN.—In consultation with the Small Business Administration, the Administrator shall develop a plan to maximize the number 

and amount of contracts awarded to small business concerns (within 

the meaning given that term in section 3 of the Small Business 

Act (15 U.S.C. 632)) and to meet established contracting goals 

for such concerns. 

(b) PRIORITY.—The Administrator shall establish as a priority 

meeting the contracting goals developed in conjunction with the 

Small Business Administration to maximize the amount of prime 

contracts, as measured in dollars, awarded in each fiscal year 

by the Administration to small business concerns (within the 

meaning given that term in section 3 of the Small Business Act 

(15 U.S.C. 632)). 

§ 30307. Requirement for independent cost analysis 

(a) DEFINITION OF IMPLEMENTATION.—In this section, the term 

‘‘implementation’’ means all activity in the life cycle of a project 

after preliminary design, independent assessment of the preliminary design, and approval to proceed into implementation, including 

critical design, development, certification, launch, operations, disposal of assets, and, for technology programs, development, testing, 

analysis, and communication of the results. 

(b) REQUIREMENT.—Before any funds may be obligated for 

implementation of a project that is projected to cost more than 

$250,000,000 in total project costs, the Administrator shall conduct 

and consider an independent life-cycle cost analysis of the project 

and shall report the results to Congress. In developing cost 
H. R. 3237—39 

accounting and reporting standards for carrying out this section, 

the Administrator shall, to the extent practicable and consistent 

with other laws, solicit the advice of experts outside of the Administration. 

§ 30308. Cost effectiveness calculations 

(a) DEFINITIONS.—In this section: 

(1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

means any person providing space transportation services or 

other space-related activities, the primary control of which is 

held by persons other than a Federal, State, local, or foreign 

government. 

(2) STATE.—The term ‘‘State’’ means each of the several States 

of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 

Samoa, the Commonwealth of the Northern Mariana Islands, 

and any other commonwealth, territory, or possession of the 

United States. 

(b) IN GENERAL.—Except as otherwise required by law, in calculating the cost effectiveness of the cost of the Administration 

engaging in an activity as compared to a commercial provider, 

the Administrator shall compare the cost of the Administration 

engaging in the activity using full cost accounting principles with 

the price the commercial provider will charge for such activity. 

§ 30309. Use of abandoned and underutilized buildings, 

grounds, and facilities 

(a) DEFINITION OF DEPRESSED COMMUNITIES.—In this section, 

the term ‘‘depressed communities’’ means rural and urban communities that are relatively depressed, in terms of age of housing, 

extent of poverty, growth of per capita income, extent of unemployment, job lag, or surplus labor. 

(b) IN GENERAL.—In any case in which the Administrator considers the purchase, lease, or expansion of a facility to meet requirements of the Administration, the Administrator shall consider 

whether those requirements could be met by the use of one of 

the following: 

(1) Abandoned or underutilized buildings, grounds, and facilities in depressed communities that can be converted to Administration usage at a reasonable cost, as determined by the 

Administrator. 

(2) Any military installation that is closed or being closed, 

or any facility at such an installation. 

(3) Any other facility or part of a facility that the Administrator determines to be— 

(A) owned or leased by the United States for the use 

of another agency of the Federal Government; and 

(B) considered by the head of the agency involved to 

be— 

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

(ii) underutilized by that agency. 

§ 30310. Exception to alternative fuel procurement requirement 

Section 526(a) of the Energy Independence and Security Act 

of 2007 (42 U.S.C. 17142(a)) does not prohibit the Administration 

from entering into a contract to purchase a generally available 
H. R. 3237—40 

fuel that is not an alternative or synthetic fuel or predominantly 

produced from a nonconventional petroleum source, if— 

(1) the contract does not specifically require the contractor 

to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source; 

(2) the purpose of the contract is not to obtain an alternative 

or synthetic fuel or fuel from a nonconventional petroleum 

source; and 

(3) the contract does not provide incentives for a refinery 

upgrade or expansion to allow a refinery to use or increase 

its use of fuel from a nonconventional petroleum source. 

CHAPTER 305—MANAGEMENT AND REVIEW 

Sec. 

30501. Lessons learned and best practices. 

30502. Whistleblower protection. 

30503. Performance assessments. 

30504. Assessment of science mission extensions. 

§ 30501. Lessons learned and best practices 

(a) IN GENERAL.—The Administrator shall transmit to the Committee on Science and Technology of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate an implementation plan describing the Administration’s 

approach for obtaining, implementing, and sharing lessons learned 

and best practices for its major programs and projects not later 

than 180 days after December 30, 2005. The implementation plan 

shall be updated and maintained to ensure that it is current and 

consistent with the burgeoning culture of learning and safety that 

is emerging at the Administration. 

(b) REQUIRED CONTENT.—The implementation plan shall contain 

at a minimum the lessons learned and best practices requirements 

for the Administration, the organizations or positions responsible 

for enforcement of the requirements, the reporting structure, and 

the objective performance measures indicating the effectiveness of 

the activity. 

(c) INCENTIVES.—The Administrator shall provide incentives to 

encourage sharing and implementation of lessons learned and best 

practices by employees, projects, and programs, as well as penalties 

for programs and projects that are determined not to have demonstrated use of those resources. 

§ 30502. Whistleblower protection 

(a) IN GENERAL.—Not later than 1 year after December 30, 2005, 

the Administrator shall transmit to the Committee on Science and 

Technology of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a plan 

describing steps to be taken by the Administration to protect from 

retaliation Administration employees who raise concerns about 

substantial and specific dangers to public health and safety or 

about substantial and specific factors that could threaten the success of a mission. The plan shall be designed to ensure that Administration employees have the full protection required by law. The 

Administrator shall implement the plan not more than 1 year 

after its transmittal. 
H. R. 3237—41 

(b) GOAL.—The Administrator shall ensure that the plan describes 

a system that will protect employees who wish to raise or have 

raised concerns described in subsection (a). 

(c) PLAN.—At a minimum, the plan shall include, consistent with 

Federal law— 

(1) a reporting structure that ensures that the officials who 

are the subject of a whistleblower’s complaint will not learn 

the identity of the whistleblower; 

(2) a single point to which all complaints can be made without 

fear of retribution; 

(3) procedures to enable the whistleblower to track the status 

of the case; 

(4) activities to educate employees about their rights as 

whistleblowers and how they are protected by law; 

(5) activities to educate employees about their obligations 

to report concerns and their accountability before and after 

receiving the results of the investigations into their concerns; 

and 

(6) activities to educate all appropriate Administration 

Human Resources professionals, and all Administration managers and supervisors, regarding personnel laws, rules, and 

regulations. 

(d) REPORT.—Not later than February 15 of each year beginning 

February 15, 2007, the Administrator shall transmit a report to 

the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on the concerns described in subsection 

(a) that were raised during the previous fiscal year. At a minimum, 

the report shall provide— 

(1) the number of concerns that were raised, divided into 

the categories of safety and health, mission assurance, and 

mismanagement, and the disposition of those concerns, 

including whether any employee was disciplined as a result 

of a concern having been raised; and 

(2) any recommendations for reforms to further prevent retribution against employees who raise concerns. 

§ 30503. Performance assessments 

(a) IN GENERAL.—The performance of each division in the Science 

directorate of the Administration shall be reviewed and assessed 

by the National Academy of Sciences at 5-year intervals. 

(b) TIMING.—Beginning with the first fiscal year following 

December 30, 2005, the Administrator shall select at least one 

division for review under this section. The Administrator shall 

select divisions so that all disciplines will have received their first 

review within 6 fiscal years of December 30, 2005. 

(c) REPORTS.—Not later than March 1 of each year, beginning 

with the first fiscal year after December 30, 2005, the Administrator 

shall transmit a report to the Committee on Science and Technology 

of the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate— 

(1) setting forth in detail the results of any external review 

under subsection (a); 

(2) setting forth in detail actions taken by the Administration 

in response to any external review; and 
H. R. 3237—42 

(3) including a summary of findings and recommendations 

from any other relevant external reviews of the Administration’s science mission priorities and programs. 

§ 30504. Assessment of science mission extensions 

(a) ASSESSMENT.—The Administrator shall carry out biennial 

reviews within each of the Science divisions to assess the cost 

and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission 

lifetime. 

(b) CONSULTATION AND CONSIDERATION OF POTENTIAL BENEFITS

OF INSTRUMENTS ON MISSIONS.—For those missions that have an 

operational component, the National Oceanic and Atmospheric 

Administration or any other affected agency shall be consulted 

and the potential benefits of instruments on missions that are 

beyond their planned mission lifetime taken into account. 

CHAPTER 307—INTERNATIONAL COOPERATION AND 

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. 

§ 30701. Competitiveness and international cooperation 

(a) LIMITATION.— (1) SOLICITATION OF COMMENT.—As part of the evaluation 

of the costs and benefits of entering into an obligation to conduct 

a space mission in which a foreign entity will participate as 

a supplier of the spacecraft, spacecraft system, or launch 

system, the Administrator shall solicit comment on the potential 

impact of such participation through notice published in Commerce Business Daily at least 45 days before entering into 

such an obligation. 

(2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF CHINA.—The 

Administrator shall certify to Congress at least 15 days in 

advance of any cooperative agreement with the People’s 

Republic of China, or any company owned by the People’s 

Republic of China or incorporated under the laws of the People’s 

Republic of China, involving spacecraft, spacecraft systems, 

launch systems, or scientific or technical information, that— 

(A) the agreement is not detrimental to the United States 

space launch industry; and 

(B) the agreement, including any indirect technical benefit that could be derived from the agreement, will not 

improve the missile or space launch capabilities of the 

People’s Republic of China. 

(3) ANNUAL AUDIT.—The Inspector General of the Administration, in consultation with appropriate agencies, shall conduct 

an annual audit of the policies and procedures of the Administration with respect to the export of technologies and the 

transfer of scientific and technical information, to assess the 

extent to which the Administration is carrying out its activities 

in compliance with Federal export control laws and with paragraph (2). 
H. R. 3237—43 

(b) NATIONAL INTERESTS.— 

(1) DEFINITION OF UNITED STATES COMMERCIAL PROVIDER.— 

In this subsection, the term ‘‘United States commercial provider’’ means a commercial provider (as defined in section 

30308(a) of this title), organized under the laws of the United 

States or of a State (as defined in section 30308(a) of this 

title), which is— 

(A) more than 50 percent owned by United States 

nationals; or 

(B) a subsidiary of a foreign company and the Secretary 

of Commerce finds that— 

(i) such subsidiary has in the past evidenced a 

substantial commitment to the United States market 

through— 

(I) investments in the United States in longterm research, development, and manufacturing 

(including the manufacture of major components 

and subassemblies); and 

(II) significant contributions to employment in 

the United States; and 

(ii) the country or countries in which such foreign 

company is incorporated or organized, and, if appropriate, in which it principally conducts its business, 

affords reciprocal treatment to companies described 

in subparagraph (A) comparable to that afforded to 

such foreign company’s subsidiary in the United States, 

as evidenced by— 

(I) providing comparable opportunities for 

companies described in subparagraph (A) to 

participate in Government sponsored research and 

development similar to that authorized under this 

section, section 30307, 30308, 30309, or 30702 of 

this title, or the National Aeronautics and Space 

Administration Authorization Act of 2000 (Public 

Law 106–391, 114 Stat. 1577); 

(II) providing no barriers to companies described 

in subparagraph (A) with respect to local investment opportunities that are not provided to foreign 

companies in the United States; and 

(III) providing adequate and effective protection 

for the intellectual property rights of companies 

described in subparagraph (A). 

(2) IN GENERAL.—Before entering into an obligation described 

in subsection (a), the Administrator shall consider the national 

interests of the United States described in paragraph (3) of 

this subsection. 

(3) DESCRIPTION OF NATIONAL INTERESTS.—International 

cooperation in space exploration and science activities most 

effectively serves the United States national interest when 

it— 

(A)(i) reduces the cost of undertaking missions the United 

States Government would pursue unilaterally; 

(ii) enables the United States to pursue missions that 

it could not otherwise afford to pursue unilaterally; or 

(iii) enhances United States capabilities to use and 

develop space for the benefit of United States citizens; 
H. R. 3237—44 

(B) is undertaken in a manner that is sensitive to the 

desire of United States commercial providers to develop 

or explore space commercially; 

(C) is consistent with the need for Federal agencies to 

use space to complete their missions; and 

(D) is carried out in a manner consistent with United 

States export control laws. 

§ 30702. Foreign contract limitation 

The Administration shall not enter into any agreement or contract 

with a foreign government that grants the foreign government 

the right to recover profit in the event that the agreement or 

contract is terminated. 

§ 30703. Foreign launch vehicles 

(a) ACCORD WITH SPACE TRANSPORTATION POLICY.—The Administration shall not launch a payload on a foreign launch vehicle 

except in accordance with the Space Transportation Policy 

announced by the President on December 21, 2004. This subsection 

shall not be construed to prevent the President from waiving the 

Space Transportation Policy. 

(b) INTERAGENCY COORDINATION.—The Administration shall not 

launch a payload on a foreign launch vehicle unless the Administration commenced the interagency coordination required by the Space 

Transportation Policy announced by the President on December 

21, 2004, at least 90 days before entering into a development 

contract for the payload. 

(c) APPLICATION.—This section shall not apply to any payload 

for which development has begun prior to December 30, 2005, 

including the James Webb Space Telescope. 

§ 30704. Offshore performance of contracts for the procurement of goods and services 

The Administrator shall submit to Congress, not later than 120 

days after the end of each fiscal year, a report on the contracts 

and subcontracts performed overseas and the amount of purchases 

directly or indirectly by the Administration from foreign entities 

in that fiscal year. The report shall separately indicate— 

(1) the contracts and subcontracts and their dollar values 

for which the Administrator determines that essential goods 

or services under the contract are available only from a source 

outside the United States; and 

(2) the items and their dollar values for which the Buy 

American Act (41 U.S.C. 10a et seq.) was waived pursuant 

to obligations of the United States under international agreements. 

CHAPTER 309—AWARDS 

Sec. 

30901. Congressional Space Medal of Honor. 

30902. Charles ‘‘Pete’’ Conrad Astronomy Awards. 

§ 30901. Congressional Space Medal of Honor 

(a) AUTHORITY TO AWARD.—The President may award, and 

present in the name of Congress, a medal of appropriate design, 

which shall be known as the Congressional Space Medal of Honor, 
H. R. 3237—45 

to any astronaut who in the performance of the astronaut’s duties 

has distinguished himself or herself by exceptionally meritorious 

efforts and contributions to the welfare of the Nation and of humankind. 

(b) APPROPRIATIONS.—There is authorized to be appropriated from 

time to time such sums of money as may be necessary to carry 

out the purposes of this section. 

§ 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards 

(a) SHORT TITLE.—This section may be cited as the ‘‘Charles 

‘Pete’ Conrad Astronomy Awards Act’’. 

(b) DEFINITIONS.—In this section: 

(1) AMATEUR ASTRONOMER.—The term ‘‘amateur astronomer’’ 

means an individual whose employer does not provide any 

funding, payment, or compensation to the individual for the 

observation of asteroids and other celestial bodies, and does 

not include any individual employed as a professional astronomer. 

(2) MINOR PLANET CENTER.—The term ‘‘Minor Planet Center’’ 

means the Minor Planet Center of the Smithsonian Astrophysical Observatory. 

(3) NEAR-EARTH ASTEROID.—The term ‘‘near-Earth asteroid’’ 

means an asteroid with a perihelion distance of less than 1.3 

Astronomical Units from the Sun. 

(4) PROGRAM.—The term ‘‘Program’’ means the Charles ‘‘Pete’’ 

Conrad Astronomy Awards Program established under subsection (c). 

(c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY AWARDS PROGRAM.— 

(1) IN GENERAL.—The Administrator shall establish the 

Charles ‘‘Pete’’ Conrad Astronomy Awards Program. 

(2) AWARDS.—The Administrator shall make awards under 

the Program based on the recommendations of the Minor Planet 

Center. 

(3) AWARD CATEGORIES.—The Administrator shall make one 

annual award, unless there are no eligible discoveries or contributions, for each of the following categories: 

(A) DISCOVERY OF BRIGHTEST NEAR-EARTH ASTEROID.— 

The amateur astronomer or group of amateur astronomers 

who in the preceding calendar year discovered the intrinsically brightest near-Earth asteroid among the near-Earth 

asteroids that were discovered during that year by amateur 

astronomers or groups of amateur astronomers. 

(B) GREATEST CONTRIBUTION TO CATALOGUING NEAREARTH ASTEROIDS.—The amateur astronomer or group of 

amateur astronomers who made the greatest contribution 

to the Minor Planet Center’s mission of cataloguing nearEarth asteroids during the preceding year. 

(4) AWARD AMOUNT.—An award under the Program shall 

be in the amount of $3,000. 

(5) GUIDELINES.— 

(A) CITIZEN OR PERMANENT RESIDENT.—No individual 

who is not a citizen or permanent resident of the United 

States at the time of the individual’s discovery or contribution may receive an award under this section. 

(B) FINALITY.—The decisions of the Administrator in 

making awards under this section are final. 
H. R. 3237—46 

CHAPTER 311—SAFETY 

Sec. 

31101. Aerospace Safety Advisory Panel. 

31102. Drug and alcohol testing. 

§ 31101. Aerospace Safety Advisory Panel 

(a) ESTABLISHMENT AND MEMBERS.—There is established an Aerospace Safety Advisory Panel consisting of a maximum of 9 members 

who shall be appointed by the Administrator for terms of 6 years 

each. Not more than 4 such members shall be chosen from among 

the officers and employees of the Administration. 

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

as its Chairman. 

(c) DUTIES.—The Panel shall— 

(1) review safety studies and operations plans referred to 

it, including evaluating the Administration’s compliance with 

the return-to-flight and continue-to-fly recommendations of the 

Columbia Accident Investigation Board, and make reports 

thereon; 

(2) advise the Administrator and Congress with respect to— 

(A) the hazards of proposed or existing facilities and 

proposed operations; 

(B) the adequacy of proposed or existing safety standards; 

and 

(C) management and culture related to safety; and 

(3) perform such other duties as the Administrator may 

request. 

(d) COMPENSATION AND EXPENSES.— (1) COMPENSATION.— 

(A) FEDERAL OFFICERS AND EMPLOYEES.—A member of 

the Panel who is an officer or employee of the Federal 

Government shall receive no compensation for the member’s services as such. 

(B) MEMBERS APPOINTED FROM OUTSIDE THE FEDERAL

GOVERNMENT.—A member of the Panel appointed from outside the Federal Government shall receive compensation, 

at a rate not to exceed the per diem rate equivalent to 

the maximum rate payable under section 5376 of title 

5, for each day the member is engaged in the actual 

performance of duties vested in the Panel. 

(2) EXPENSES.—A member of the Panel shall be allowed necessary travel expenses (or in the alternative, mileage for use 

of a privately owned vehicle and a per diem in lieu of subsistence not to exceed the rate and amount prescribed in sections 

5702 and 5704 of title 5), and other necessary expenses incurred 

by the member in the performance of duties vested in the 

Panel, without regard to the provisions of subchapter I of 

chapter 57 of title 5, the Standardized Government Travel 

Regulations, or section 5731 of title 5. 

(e) ANNUAL REPORT.—The Panel shall submit an annual report 

to the Administrator and to Congress. In the first annual report 

submitted after December 30, 2005, the Panel shall include an 

evaluation of the Administration’s management and culture related 

to safety. Each annual report shall include an evaluation of the 

Administration’s compliance with the recommendations of the 

Columbia Accident Investigation Board through retirement of the 

space shuttle. 
H. R. 3237—47 

§ 31102. Drug and alcohol testing 

(a) DEFINITION OF CONTROLLED SUBSTANCE.—In this section, the 

term ‘‘controlled substance’’ means any substance under section 

102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified 

by the Administrator. 

(b) TESTING PROGRAM.— 

(1) EMPLOYEES OF ADMINISTRATION.—The Administrator shall 

establish a program applicable to employees of the Administration whose duties include responsibility for safety-sensitive, 

security, or national security functions. Such program shall 

provide for preemployment, reasonable suspicion, random, and 

post-accident testing for use, in violation of applicable law 

or Federal regulation, of alcohol or a controlled substance. 

The Administrator may also prescribe regulations, as the 

Administrator considers appropriate in the interest of safety, 

security, and national security, for the conduct of periodic recurring testing of such employees for such use in violation of 

applicable law or Federal regulation. 

(2) EMPLOYEES OF CONTRACTORS.—The Administrator shall, 

in the interest of safety, security, and national security, prescribe regulations. Such regulations shall establish a program 

that requires Administration contractors to conduct preemployment, reasonable suspicion, random, and post-accident testing 

of contractor employees responsible for safety-sensitive, security, or national security functions (as determined by the 

Administrator) for use, in violation of applicable law or Federal 

regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator 

considers appropriate in the interest of safety, security, and 

national security, for the conduct of periodic recurring testing 

of such employees for such use in violation of applicable law 

or Federal regulation. 

(3) SUSPENSION, DISQUALIFICATION, OR DISMISSAL.—In prescribing regulations under the programs required by this subsection, the Administrator shall require, as the Administrator 

considers appropriate, the suspension, disqualification, or dismissal of any employee to which paragraph (1) or (2) applies, 

in accordance with the provisions of this section, in any instance 

where a test conducted and confirmed under this section 

indicates that such employee has used, in violation of applicable 

law or Federal regulation, alcohol or a controlled substance. 

(c) PROHIBITION ON SERVICE.— 

(1) PROHIBITION UNLESS PROGRAM OF REHABILITATION COMPLETED.—No individual who is determined by the Administrator 

under this section to have used, in violation of applicable law 

or Federal regulation, alcohol or a controlled substance after 

December 9, 1991, shall serve as an Administration employee 

with responsibility for safety-sensitive, security, or national 

security functions (as determined by the Administrator), or 

as an Administration contractor employee with such responsibility, unless such individual has completed a program of 

rehabilitation described in subsection (d). 

(2) UNCONDITIONAL PROHIBITION.—Any such individual determined by the Administrator under this section to have used, 

in violation of applicable law or Federal regulation, alcohol 

or a controlled substance after December 9, 1991, shall not 
H. R. 3237—48 

be permitted to perform the duties that the individual performed prior to the date of the determination, if the individual— 

(A) engaged in such use while on duty; 

(B) prior to such use had undertaken or completed a 

rehabilitation program described in subsection (d); 

(C) following such determination refuses to undertake 

such a rehabilitation program; or 

(D) following such determination fails to complete such 

a rehabilitation program. 

(d) PROGRAM FOR REHABILITATION.— (1) REGULATIONS AND AVAILABILITY OF PROGRAM FOR CONTRACTOR EMPLOYEES.—The Administrator shall prescribe regulations setting forth requirements for rehabilitation programs 

which at a minimum provide for the identification and opportunity for treatment of employees referred to in subsection 

(b) in need of assistance in resolving problems with the use, 

in violation of applicable law or Federal regulation, of alcohol 

or a controlled substance. Each contractor is encouraged to 

make such a program available to all of its employees in addition to those employees referred to in subsection (b)(2). The 

Administrator shall determine the circumstances under which 

such employees shall be required to participate in such a program. Nothing in this subsection shall preclude any Administration contractor from establishing a program under this subsection in cooperation with any other such contractor. 

(2) ESTABLISHMENT AND MAINTENANCE OF PROGRAM FOR

ADMINISTRATION EMPLOYEES.—The Administrator shall establish and maintain a rehabilitation program which at a minimum 

provides for the identification and opportunity for treatment 

of those employees of the Administration whose duties include 

responsibility for safety-sensitive, security, or national security 

functions who are in need of assistance in resolving problems 

with the use of alcohol or controlled substances. 

(e) PROCEDURES FOR TESTING.—In establishing the programs 

required under subsection (b), the Administrator shall develop 

requirements which shall— 

(1) promote, to the maximum extent practicable, individual 

privacy in the collection of specimen samples; 

(2) with respect to laboratories and testing procedures for 

controlled substances, incorporate the Department of Health 

and Human Services scientific and technical guidelines dated 

April 11, 1988, and any subsequent amendments thereto, 

including mandatory guidelines which— 

(A) establish comprehensive standards for all aspects 

of laboratory controlled substances testing and laboratory 

procedures to be applied in carrying out this section, 

including standards which require the use of the best available technology for ensuring the full reliability and 

accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples 

collected for controlled substances testing; 

(B) establish the minimum list of controlled substances 

for which individuals may be tested; and 

(C) establish appropriate standards and procedures for 

periodic review of laboratories and criteria for certification 

and revocation of certification of laboratories to perform 

controlled substances testing in carrying out this section; 
H. R. 3237—49 

(3) require that all laboratories involved in the controlled 

substances testing of any individual under this section shall 

have the capability and facility, at such laboratory, of performing screening and confirmation tests; 

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

of applicable law or Federal regulation, of alcohol or a controlled 

substance by any individual shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance; 

(5) provide that each specimen sample be subdivided, secured, 

and labelled in the presence of the tested individual and that 

a portion thereof be retained in a secure manner to prevent 

the possibility of tampering, so that in the event the individual’s 

confirmation test results are positive the individual has an 

opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory 

if the individual requests the independent test within 3 days 

after being advised of the results of the initial confirmation 

test; 

(6) ensure appropriate safeguards for testing to detect and 

quantify alcohol in breath and body fluid samples, including 

urine and blood, through the development of regulations as 

may be necessary and in consultation with the Department 

of Health and Human Services; 

(7) provide for the confidentiality of test results and medical 

information of employees; and 

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed 

by being treated differently from other employees in similar 

circumstances. 

(f) EFFECT ON OTHER LAWS AND REGULATIONS.— (1) CONSISTENCY WITH FEDERAL REGULATION.—No State or 

local government shall adopt or have in effect any law, rule, 

regulation, ordinance, standard, or order that is inconsistent 

with the regulations promulgated under this section. 

(2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER

9, 1991.—Nothing in this section shall be construed to restrict 

the discretion of the Administrator to continue in force, amend, 

or further supplement any regulations issued before December 

9, 1991, that govern the use of alcohol and controlled substances 

by Administration employees with responsibility for safety-sensitive, security, and national security functions (as determined 

by the Administrator), or by Administration contractor 

employees with such responsibility. 

CHAPTER 313—HEALTHCARE 

Sec. 

31301. Healthcare program. 

31302. Astronaut healthcare survey. 

§ 31301. Healthcare program 

The Administrator shall develop a plan to better understand 

the longitudinal health effects of space flight on humans. In the 

development of the plan, the Administrator shall consider the need 
H. R. 3237—50 

for the establishment of a lifetime healthcare program for Administration astronauts and their families or other methods to obtain 

needed health data from astronauts and retired astronauts. 

§ 31302. Astronaut healthcare survey 

(a) SURVEY.—The Administrator shall administer an anonymous 

survey of astronauts and flight surgeons to evaluate communication, 

relationships, and the effectiveness of policies. The survey questions 

and the analysis of results shall be evaluated by experts independent of the Administration. The survey shall be administered 

on at least a biennial basis. 

(b) REPORT.—The Administrator shall transmit a report of the 

results of the survey to Congress not later than 90 days following 

completion of the survey. 

CHAPTER 315—MISCELLANEOUS 

Sec. 

31501. Orbital debris. 

31502. Maintenance of facilities. 

31503. Laboratory productivity. 

31504. Cooperative unmanned aerial vehicle activities. 

31505. Development of enhanced-use lease policy. 

§ 31501. Orbital debris 

The Administrator, in conjunction with the heads of other Federal 

agencies, shall take steps to develop or acquire technologies that 

will enable the Administration to decrease the risks associated 

with orbital debris. 

§ 31502. Maintenance of facilities 

In order to sustain healthy Centers that are capable of carrying 

out the Administration’s missions, the Administrator shall ensure 

that adequate maintenance and upgrading of those Center facilities 

is performed on a regular basis. 

§ 31503. Laboratory productivity 

The Administration’s laboratories are a critical component of 

the Administration’s research capabilities, and the Administrator 

shall ensure that those laboratories remain productive. 

§ 31504. Cooperative unmanned aerial vehicle activities 

The Administrator, in cooperation with the Administrator of the 

National Oceanic and Atmospheric Administration and in coordination with other agencies that have existing civil capabilities, shall 

continue to utilize the capabilities of unmanned aerial vehicles 

as appropriate in support of Administration and interagency 

cooperative missions. The Administrator may enter into cooperative 

agreements with universities with unmanned aerial vehicle programs and related assets to conduct collaborative research and 

development activities, including development of appropriate 

applications of small unmanned aerial vehicle technologies and 

systems in remote areas. 

§ 31505. Development of enhanced-use lease policy 

(a) IN GENERAL.—The Administrator shall develop an agencywide enhanced-use lease policy that— 
H. R. 3237—51 

(1) is based upon sound business practices and lessons 

learned from the demonstration centers; and 

(2) establishes controls and procedures to ensure accountability and protect the interests of the Government. 

(b) CONTENTS.—The policy required by subsection (a) shall include 

the following: 

(1) CRITERIA FOR DETERMINING ECONOMIC VALUE.—Criteria 

for determining whether enhanced-use lease provides better 

economic value to the Government than other options, such 

as— 

(A) Federal financing through appropriations; or 

(B) sale of the property. 

(2) SECURITY AND ACCESS.—Requirement for the identification 

of proposed physical and procedural changes needed to ensure 

security and restrict access to specified areas, coordination of 

proposed changes with existing site tenants, and development 

of estimated costs of such changes. 

(3) MEASURES OF EFFECTIVENESS.—Measures of effectiveness 

for the enhanced-use lease program. 

(4) ACCOUNTING CONTROLS.—Accounting controls and procedures to ensure accountability, such as an audit trail and 

documentation to readily support financial transactions. 

Subtitle IV—Aeronautics and Space 

Research and Education 

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. 

SUBCHAPTER I—GENERAL 

§ 40101. Definition of institution of higher education 

In this chapter, the term ‘‘institution of higher education’’ has 

the meaning given the term by section 101 of the Higher Education 

Act of 1965 (20 U.S.C. 1001). 
H. R. 3237—52 

§ 40102. Governmental interest in aeronautics research and 

development 

Congress reaffirms the national commitment to aeronautics 

research made in chapter 201 of this title. Aeronautics research 

and development remains a core mission of the Administration. 

The Administration is the lead agency for civil aeronautics research. 

Further, the government of the United States shall promote aeronautics research and development that will expand the capacity, 

ensure the safety, and increase the efficiency of the Nation’s air 

transportation system, promote the security of the Nation, protect 

the environment, and retain the leadership of the United States 

in global aviation. 

§ 40103. Cooperation with other agencies on aeronautics 

activities 

The Administrator shall coordinate, as appropriate, the Administration’s aeronautics activities with relevant programs in the 

Department of Transportation, the Department of Defense, the 

Department of Commerce, and the Department of Homeland Security, including the activities of the Next Generation Air Transportation System Joint Planning and Development Office established 

under section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176, 49 U.S.C. 40101 note). 

§ 40104. Cooperation among Mission Directorates 

Research and development activities performed by the Aeronautics Research Mission Directorate with the primary objective 

of assisting in the development of a flight project in another Mission 

Directorate shall be funded by the Mission Directorate seeking 

assistance. 

SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH 

AND DEVELOPMENT PROGRAMS 

§ 40111. Fundamental research program 

(a) OBJECTIVE.—In order to ensure that the Nation maintains 

needed capabilities in fundamental areas of aeronautics research, 

the Administrator shall establish a program of long-term fundamental research in aeronautical sciences and technologies that is 

not tied to specific development projects. 

(b) OPERATION.—The Administrator shall conduct the program 

under this section, in part by awarding grants to institutions of 

higher education. The Administrator shall encourage the participation of institutions of higher education located in States that participate in the Experimental Program to Stimulate Competitive 

Research. All grants to institutions of higher education under this 

section shall be awarded through merit review. 

§ 40112. Research and technology programs 

(a) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The 

Administrator may establish an initiative with the objective of 

developing and demonstrating, in a relevant environment, airframe 

and propulsion technologies to enable efficient, economical overland 

flight of supersonic civil transport aircraft with no significant impact 

on the environment. 

(b) ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR

VEHICLES.—The Administrator may establish a rotorcraft and other 
H. R. 3237—53 

runway-independent air vehicles initiative with the objective of 

developing and demonstrating improved safety, noise, and environmental impact in a relevant environment. 

(c) HYPERSONICS RESEARCH.—The Administrator may establish 

a hypersonics research program with the objective of exploring 

the science and technology of hypersonic flight using air-breathing 

propulsion concepts, through a mix of theoretical work, basic and 

applied research, and development of flight research demonstration 

vehicles. The program may also include the transition to the 

hypersonic range of Mach 3 to Mach 5. 

(d) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Administrator may establish a research program which covers a unique 

range of subsonic, fixed wing vehicles and propulsion concepts. 

This research is intended to push technology barriers beyond current subsonic technology. Propulsion concepts include advanced 

materials, morphing engines, hybrid engines, and fuel cells. 

(e) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 

(1) OBJECTIVE.—The Administrator may establish a fuel cellpowered aircraft research program whose objective shall be 

to develop and test concepts to enable a hydrogen fuel cellpowered aircraft that would have no hydrocarbon or nitrogen 

oxide emissions into the environment. 

(2) APPROACH.—The Administrator may establish a program 

of competitively awarded grants available to teams of 

researchers that may include the participation of individuals 

from universities, industry, and government for the conduct 

of this research. 

(f) MARS AIRCRAFT RESEARCH.— 

(1) OBJECTIVE.—The Administrator may establish a Mars 

Aircraft project whose objective shall be to develop and test 

concepts for an uncrewed aircraft that could operate for sustained periods in the atmosphere of Mars. 

(2) APPROACH.—The Administrator may establish a program 

of competitively awarded grants available to teams of 

researchers that may include the participation of individuals 

from universities, industry, and government for the conduct 

of this research. 

§ 40113. Airspace systems research 

(a) OBJECTIVE.—The Airspace Systems Research program shall 

pursue research and development to enable revolutionary improvements to and modernization of the National Airspace System, as 

well as to enable the introduction of new systems for vehicles 

that can take advantage of an improved, modern air transportation 

system. 

(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, 

the Administrator shall align the projects of the Airspace Systems 

Research program so that they directly support the objectives of 

the Joint Planning and Development Office’s Next Generation Air 

Transportation System Integrated Plan. 

§ 40114. Aviation safety and security research 

(a) OBJECTIVE.—The Aviation Safety and Security Research program shall pursue research and development activities that directly 

address the safety and security needs of the National Airspace 

System and the aircraft that fly in it. The program shall develop 
H. R. 3237—54 

prevention, intervention, and mitigation technologies aimed at 

causal, contributory, or circumstantial factors of aviation accidents. 

(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, 

the Administrator shall align the projects of the Aviation Safety 

and Security Research program so that they directly support the 

objectives of the Joint Planning and Development Office’s Next 

Generation Air Transportation System Integrated Plan. 

§ 40115. Aviation weather research 

The Administrator may carry out a program of collaborative 

research with the National Oceanic and Atmospheric Administration on convective weather events, with the goal of significantly 

improving the reliability of 2-hour to 6-hour aviation weather forecasts. 

§ 40116. University-based Centers for Research on Aviation 

Training 

(a) IN GENERAL.—The Administrator shall award grants to 

institutions of higher education (or consortia thereof) to establish 

one or more Centers for Research on Aviation Training under 

cooperative agreements with appropriate Administration Centers. 

(b) PURPOSE.—The purpose of the Centers for Research on Aviation Training shall be to investigate the impact of new technologies 

and procedures, particularly those related to the aircraft flight 

deck and to the air traffic management functions, on training 

requirements for pilots and air traffic controllers. 

(c) APPLICATION.—An institution of higher education (or a consortium of such institutions) seeking funding under this section shall 

submit an application to the Administrator at such time, in such 

manner, and containing such information as the Administrator 

may require, including, at a minimum, a 5-year research plan. 

(d) AWARD DURATION.—An award made by the Administrator 

under this section shall be for a period of 5 years and may be 

renewed on the basis of— 

(1) satisfactory performance in meeting the goals of the 

research plan proposed in the application submitted under subsection (c); and 

(2) other requirements as specified by the Administrator. 

SUBCHAPTER III—SCHOLARSHIPS 

§ 40131. Aeronautics scholarships 

(a) ESTABLISHMENT.—The Administrator shall establish a program of scholarships for full-time graduate students who are United 

States citizens and are enrolled in, or have been accepted by and 

have indicated their intention to enroll in, accredited Masters degree 

programs in aeronautical engineering or equivalent programs at 

institutions of higher education. Each such scholarship shall cover 

the costs of room, board, tuition, and fees, and may be provided 

for a maximum of 2 years. 

(b) IMPLEMENTATION.—Not later than 180 days after December 

30, 2005, the Administrator shall publish regulations governing 

the scholarship program under this section. 

(c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have 

been awarded a scholarship under this section shall have the opportunity for paid employment at one of the Administration Centers 

engaged in aeronautics research and development during the 
H. R. 3237—55 

summer prior to the first year of the student’s Masters program, 

and between the first and second year, if applicable. 

SUBCHAPTER IV—DATA REQUESTS 

§ 40141. Aviation data requests 

The Administrator shall make available upon request satellite 

imagery and aerial photography of remote terrain that the Administration owns at the time of the request to the Administrator of 

the Federal Aviation Administration or the Director of the Five 

Star Medallion Program, to assist and train pilots in navigating 

challenging topographical features of such terrain. 

CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND 

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. 

§ 40301. Purposes 

The purposes of this chapter are to— 

(1) increase the understanding, assessment, development, and 

utilization of space resources by promoting a strong educational 

base, responsive research and training activities, and broad 

and prompt dissemination of knowledge and techniques; 

(2) utilize the abilities and talents of the universities of 

the Nation to support and contribute to the exploration and 

development of the resources and opportunities afforded by 

the space environment; 

(3) encourage and support, within the university community 

of the Nation, the existence of interdisciplinary and multidisciplinary programs of space research that— 

(A) engage in integrated activities of training, research, 

and public service; 

(B) have cooperative programs with industry; and 

(C) are coordinated with the overall program of the 

Administration; 

(4) encourage and support the existence of consortia, made 

up of university and industry members, in order to advance 

the exploration and development of space resources in cases 

in which national objectives can be better fulfilled through 

such consortia than through the programs of single universities; 

(5) encourage and support Federal funding for graduate 

fellowships in fields related to space; and 

(6) support activities in colleges and universities generally 

for the purpose of creating and operating a network of institutional programs that will enhance achievements resulting from 

efforts under this chapter. 
H. R. 3237—56 

§ 40302. Definitions 

In this chapter: 

(1) AERONAUTICAL AND SPACE ACTIVITIES.—The term ‘‘aeronautical and space activities’’ has the meaning given the term 

in section 20103 of this title. 

(2) FIELD RELATED TO SPACE.—The term ‘‘field related to 

space’’ means any academic discipline or field of study 

(including the physical, natural, and biological sciences, and 

engineering, space technology, education, economics, sociology, 

communications, planning, law, international affairs, and public 

administration) which is concerned with or likely to improve 

the understanding, assessment, development, and utilization 

of space. 

(3) PANEL.—The term ‘‘panel’’ means the space grant review 

panel established pursuant to section 40308 of this title. 

(4) PERSON.—The term ‘‘person’’ means any individual, any 

public or private corporation, partnership, or other association 

or entity (including any space grant college, space grant 

regional consortium, institution of higher education, institute, 

or laboratory), or any State, political subdivision of a State, 

or agency or officer of a State or political subdivision of a 

State. 

(5) SPACE ENVIRONMENT.—The term ‘‘space environment’’ 

means the environment beyond the sensible atmosphere of 

the Earth. 

(6) SPACE GRANT COLLEGE.—The term ‘‘space grant college’’ 

means any public or private institution of higher education 

which is designated as such by the Administrator pursuant 

to section 40306 of this title. 

(7) SPACE GRANT PROGRAM.—The term ‘‘space grant program’’ 

means any program that— 

(A) is administered by any space grant college, space 

grant regional consortium, institution of higher education, 

institute, laboratory, or State or local agency; and 

(B) includes 2 or more projects involving education and 

one or more of the following activities in the fields related 

to space: 

(i) Research. 

(ii) Training. 

(iii) Advisory services. 

(8) SPACE GRANT REGIONAL CONSORTIUM.—The term ‘‘space 

grant regional consortium’’ means any association or other alliance that is designated as a space grant regional consortium 

by the Administrator pursuant to section 40306 of this title. 

(9) SPACE RESOURCE.—The term ‘‘space resource’’ means any 

tangible or intangible benefit which can be realized only from— 

(A) aeronautical and space activities; or 

(B) advancements in any field related to space. 

(10) STATE.—The term ‘‘State’’ means any State of the United 

States, the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory 

or possession of the United States. 

§ 40303. National space grant college and fellowship program 

(a) ESTABLISHMENT.—The Administrator shall establish and 

maintain, within the Administration, a program to be known as 
H. R. 3237—57 

the national space grant college and fellowship program. The 

national space grant college and fellowship program shall consist 

of the financial assistance and other activities provided for in this 

chapter. The Administrator shall establish long-range planning 

guidelines and priorities, and adequately evaluate the program. 

(b) FUNCTIONS.—Within the Administration, the program shall— 

(1) apply the long-range planning guidelines and the priorities 

established by the Administrator under subsection (a); 

(2) advise the Administrator with respect to the expertise 

and capabilities which are available through the national space 

grant college and fellowship program, and make such expertise 

available to the Administration as directed by the Administrator; 

(3) evaluate activities conducted under grants and contracts 

awarded pursuant to sections 40304 and 40305 of this title 

to ensure that the purposes set forth in section 40301 of this 

title are implemented; 

(4) encourage other Federal departments, agencies, and 

instrumentalities to use and take advantage of the expertise 

and capabilities which are available through the national space 

grant college and fellowship program, on a cooperative or other 

basis; 

(5) encourage cooperation and coordination with other Federal 

programs concerned with the development of space resources 

and fields related to space; 

(6) advise the Administrator on the designation of recipients 

supported by the national space grant college and fellowship 

program and, in appropriate cases, on the termination or 

suspension of any such designation; and 

(7) encourage the formation and growth of space grant and 

fellowship programs. 

(c) GENERAL AUTHORITIES.—To carry out the provisions of this 

chapter, the Administrator may— 

(1) accept conditional or unconditional gifts or donations of 

services, money, or property, real, personal or mixed, tangible 

or intangible; 

(2) accept and use funds from other Federal departments, 

agencies, and instrumentalities to pay for fellowships, grants, 

contracts, and other transactions; and 

(3) issue such rules and regulations as may be necessary 

and appropriate. 

§ 40304. Grants or contracts 

(a) AUTHORITY OF ADMINISTRATOR.—The Administrator may make 

grants and enter into contracts or other transactions under this 

subsection to assist any space grant and fellowship program or 

project if the Administrator finds that the program or project will 

carry out the purposes set forth in section 40301 of this title. 

The total amount paid pursuant to a grant or contract may equal 

not more than 66 percent of the total cost of the space grant 

and fellowship program or project involved, except in the case 

of grants or contracts paid for with funds accepted by the Administrator pursuant to section 40303(c)(2) of this title. 

(b) SPECIAL GRANTS.—The Administrator may make special 

grants under this subsection to carry out the purposes set forth 

in section 40301 of this title. The amount of a special grant may 

equal up to 100 percent of the total cost of the project involved. 
H. R. 3237—58 

A special grant may be made under this subsection only if the 

Administrator finds that— 

(1) no reasonable means is available through which the 

applicant can meet the matching requirement for a grant under 

subsection (a); 

(2) the probable benefit of the project outweighs the public 

interest in the matching requirement; and 

(3) the same or equivalent benefit cannot be obtained through 

the award of a contract or grant under subsection (a) or section 

40305 of this title. 

(c) APPLICATION.—Any person may apply to the Administrator 

for a grant or contract under this section. Application shall be 

made in such form and manner, and with such content and other 

submissions, as the Administrator shall by regulation prescribe. 

(d) TERMS AND CONDITIONS.— 

(1) IN GENERAL.—Any grant made, or contract entered into, 

under this section shall be subject to the limitations and provisions set forth in paragraphs (2) and (3) and to such other 

terms, conditions, and requirements as the Administrator considers necessary or appropriate. 

(2) LIMITATIONS.—No payment under any grant or contract 

under this section may be applied to— 

(A) the purchase of any land; 

(B) the purchase, construction, preservation, or repair 

of any building; or 

(C) the purchase or construction of any launch facility 

or launch vehicle. 

(3) LEASES.—Notwithstanding paragraph (2), the items in 

subparagraphs (A), (B), and (C) of such paragraph may be 

leased upon written approval of the Administrator. 

(4) RECORDS.—Any person that receives or utilizes any proceeds of any grant or contract under this section shall keep 

such records as the Administrator shall by regulation prescribe 

as being necessary and appropriate to facilitate effective audit 

and evaluation, including records which fully disclose the 

amount and disposition by such recipient of such proceeds, 

the total cost of the program or project in connection with 

which such proceeds were used, and the amount, if any, of 

such cost which was provided through other sources. Such 

records shall be maintained for 3 years after the completion 

of such a program or project. The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit 

and evaluation, to any books, documents, papers, and records 

of receipts which, in the opinion of the Administrator or the 

Comptroller General, may be related or pertinent to such grants 

and contracts. 

§ 40305. Specific national needs 

(a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND

CONTRACTING AUTHORITY.—The Administrator shall identify specific national needs and problems relating to space. The Administrator may make grants or enter into contracts under this section 

with respect to such needs or problems. The amount of any such 

grant or contract may equal up to 100 percent of the total cost 

of the project involved. 
H. R. 3237—59 

(b) APPLICATIONS FOR GRANTS OR CONTRACTS.—Any person may 

apply to the Administrator for a grant or contract under this section. 

In addition, the Administrator may invite applications with respect 

to specific national needs or problems identified under subsection 

(a). Application shall be made in such form and manner, and 

with such content and other submissions, as the Administrator 

shall by regulation prescribe. Any grant made, or contract entered 

into, under this section shall be subject to the limitations and 

provisions set forth in paragraphs (2) and (4) of section 40304(d) 

of this title and to such other terms, conditions, and requirements 

as the Administrator considers necessary or appropriate. 

§ 40306. Space grant college and space grant regional consortium 

(a) DESIGNATION AND QUALIFICATIONS.— 

(1) AUTHORITY TO DESIGNATE.—The Administrator may designate— 

(A) any institution of higher education as a space grant 

college; and 

(B) any association or other alliance of 2 or more persons, 

other than individuals, as a space grant regional consortium. 

(2) SPACE GRANT COLLEGE REQUIREMENTS.—No institution 

of higher education may be designated as a space grant college 

unless the Administrator finds that such institution— 

(A) is maintaining a balanced program of research, education, training, and advisory services in fields related 

to space; 

(B) will act in accordance with such guidelines as are 

prescribed under subsection (b)(2); and 

(C) meets such other qualifications as the Administrator 

considers necessary or appropriate. 

(3) SPACE GRANT REGIONAL CONSORTIUM REQUIREMENTS.— No association or other alliance of 2 or more persons may 

be designated as a space grant regional consortium unless 

the Administrator finds that such association or alliance— 

(A) is established for the purpose of sharing expertise, 

research, educational facilities or training facilities, and 

other capabilities in order to facilitate research, education, 

training, and advisory services in any field related to space; 

(B) will encourage and follow a regional approach to 

solving problems or meeting needs relating to space, in 

cooperation with appropriate space grant colleges, space 

grant programs, and other persons in the region; 

(C) will act in accordance with such guidelines as are 

prescribed under subsection (b)(2); and 

(D) meets such other qualifications as the Administrator 

considers necessary or appropriate. 

(b) QUALIFICATIONS AND GUIDELINES.—The Administrator shall 

by regulation prescribe— 

(1) the qualifications required to be met under paragraphs 

(2)(C) and (3)(D) of subsection (a); and 

(2) guidelines relating to the activities and responsibilities 

of space grant colleges and space grant regional consortia. 

(c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Administrator may, for cause and after an opportunity for hearing, suspend 

or terminate any designation under subsection (a). 
H. R. 3237—60 

§ 40307. Space grant fellowship program 

(a) AWARD OF FELLOWSHIPS.—The Administrator shall support 

a space grant fellowship program to provide educational and 

training assistance to qualified individuals at the graduate level 

of education in fields related to space. Such fellowships shall be 

awarded pursuant to guidelines established by the Administrator. 

Space grant fellowships shall be awarded to individuals at space 

grant colleges, space grant regional consortia, other colleges and 

institutions of higher education, professional associations, and 

institutes in such a manner as to ensure wide geographic and 

institutional diversity in the pursuit of research under the fellowship program. 

(b) LIMITATION ON AMOUNT PROVIDED.—The total amount which 

may be provided for grants under the space grant fellowship program during any fiscal year shall not exceed an amount equal 

to 50 percent of the total funds appropriated for such year pursuant 

to this chapter. 

(c) AUTHORITY TO SPONSOR OTHER RESEARCH FELLOWSHIP PRO- GRAMS UNAFFECTED.—Nothing in this section shall be construed 

to prohibit the Administrator from sponsoring any research fellowship program, including any special emphasis program, which is 

established under an authority other than this chapter. 

§ 40308. Space grant review panel 

(a) ESTABLISHMENT.—The Administrator shall establish an independent committee known as the space grant review panel, which 

shall not be subject to the provisions of the Federal Advisory Committee Act (5 App. U.S.C.). 

(b) DUTIES.—The panel shall take such steps as may be necessary 

to review, and shall advise the Administrator with respect to— 

(1) applications or proposals for, and performance under, 

grants and contracts awarded pursuant to sections 40304 and 

40305 of this title; 

(2) the space grant fellowship program; 

(3) the designation and operation of space grant colleges 

and space grant regional consortia, and the operation of space 

grant and fellowship programs; 

(4) the formulation and application of the planning guidelines 

and priorities pursuant to subsections (a) and (b)(1) of section 

40303 of this title; and 

(5) such other matters as the Administrator refers to the 

panel for review and advice. 

(c) PERSONNEL AND ADMINISTRATIVE SERVICES.—The Administrator shall make available to the panel any information, personnel, 

and administrative services and assistance which is reasonable 

to carry out the duties of the panel. 

(d) MEMBERS.— 

(1) APPOINTMENT.—The Administrator shall appoint the 

voting members of the panel. A majority of the voting members 

shall be individuals who, by reason of knowledge, experience, 

or training, are especially qualified in one or more of the 

disciplines and fields related to space. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative 

of, education, extension services, State government, industry, 

economics, planning, or any other activity related to efforts 

to enhance the understanding, assessment, development, or 
H. R. 3237—61 

utilization of space resources. The Administrator shall consider 

the potential conflict of interest of any individual in making 

appointments to the panel. 

(2) CHAIRMAN AND VICE CHAIRMAN.—The Administrator shall 

select one voting member to serve as the Chairman and another 

voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of 

the Chairman. 

(3) REIMBURSEMENT FOR EXPENSES.—Voting members of the 

panel who are not Federal employees shall be reimbursed for 

actual and reasonable expenses incurred in the performance 

of such duties. 

(4) MEETINGS.—The panel shall meet on a biannual basis 

and, at any other time, at the call of the Chairman or upon 

the request of a majority of the voting members or of the 

Administrator. 

(5) POWERS.—The panel may exercise such powers as are 

reasonably necessary in order to carry out the duties enumerated in subsection (b). 

§ 40309. Availability of other Federal personnel and data 

Each department, agency, or other instrumentality of the Federal 

Government that is engaged in or concerned with, or that has 

authority over, matters relating to space— 

(1) may, upon a written request from the Administrator, 

make available, on a reimbursable basis or otherwise, any 

personnel (with their consent and without prejudice to their 

position and rating), service, or facility which the Administrator 

considers necessary to carry out any provision of this chapter; 

(2) may, upon a written request from the Administrator, 

furnish any available data or other information which the 

Administrator considers necessary to carry out any provision 

of this chapter; and 

(3) may cooperate with the Administration. 

§ 40310. Designation or award to be on competitive basis 

The Administrator shall not under this chapter designate any 

space grant college or space grant regional consortium or award 

any fellowship, grant, or contract unless such designation or award 

is made in accordance with the competitive, merit-based review 

process employed by the Administration on October 30, 1987. 

§ 40311. Continuing emphasis 

The Administration shall continue its emphasis on the importance 

of education to expand opportunities for Americans to understand 

and participate in the Administration’s aeronautics and space 

projects by supporting and enhancing science and engineering education, research, and public outreach efforts. 

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. 
H. R. 3237—62 

§ 40501. Biomedical research joint working group 

(a) ESTABLISHMENT.—The Administrator and the Director of the 

National Institutes of Health shall jointly establish a working group 

to coordinate biomedical research activities in areas where a microgravity environment may contribute to significant progress in the 

understanding and treatment of diseases and other medical conditions. The joint working group shall formulate joint and complementary programs in such areas of research. 

(b) MEMBERSHIP.—The joint working group shall include equal 

representation from the Administration and the National Institutes 

of Health, and shall include representation from National Institutes 

of Health councils, as selected by the Director of the National 

Institutes of Health, and from the National Aeronautics and Space 

Administration Advisory Council. 

(c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—The joint working 

group shall organize annual symposia on biomedical research 

described in subsection (a) under the joint sponsorship of the 

Administration and the National Institutes of Health. 

(d) ANNUAL REPORTING REQUIREMENT.—The joint working group 

shall report annually to Congress on its progress in carrying out 

this section. 

§ 40502. Biomedical research grants 

(a) ESTABLISHMENT OF PROGRAM.—The Administrator and the 

Director of the National Institutes of Health shall establish a joint 

program of biomedical research grants in areas described in section 

40501(a) of this title, where such research requires access to a 

microgravity environment. Such program shall be consistent with 

actions taken by the joint working group under section 40501 of 

this title. 

(b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—The grants program established under subsection (a) shall annually issue joint 

research opportunity announcements under the sponsorship of the 

National Institutes of Health and the Administration. Responses 

to the announcements shall be evaluated by a peer review committee whose members shall be selected by the Director of the 

National Institutes of Health and the Administrator, and shall 

include individuals not employed by the Administration or the 

National Institutes of Health. 

§ 40503. Biomedical research fellowships 

The Administrator and the Director of the National Institutes 

of Health shall create a joint program of graduate research fellowships in biomedical research described in section 40501(a) of this 

title. Fellowships under such program may provide for participation 

in approved research conferences and symposia. 

§ 40504. Establishment of electronic data archive 

The Administrator shall create and maintain a national electronic 

data archive for biomedical research data obtained from spacebased experiments. 

§ 40505. Establishment of emergency medical service telemedicine capability 

The Administrator, the Administrator of the Federal Emergency 

Management Agency, the Director of the Office of Foreign Disaster 

Assistance, and the Surgeon General of the United States shall 
H. R. 3237—63 

jointly create and maintain an international telemedicine satellite 

consultation capability to support emergency medical services in 

disaster-stricken areas. 

CHAPTER 407—ENVIRONMENTALLY FRIENDLY 

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. 

§ 40701. Research and development initiative 

The Administrator may establish an initiative with the objective 

of developing, and demonstrating in a relevant environment, technologies to enable the following commercial aircraft performance 

characteristics: 

(1) NOISE LEVELS.—Noise levels on takeoff and on airport 

approach and landing that do not exceed ambient noise levels 

in the absence of flight operations in the vicinity of airports 

from which such commercial aircraft would normally operate. 

(2) ENERGY CONSUMPTION.—Twenty-five percent reduction in 

the energy required for medium- to long-range flights, compared 

to aircraft in commercial service as of December 30, 2005. 

(3) EMISSIONS.—Nitrogen oxides on take-off and landing that 

are significantly reduced, without adversely affecting hydrocarbons and smoke, relative to aircraft in commercial service 

as of December 30, 2005. 

§ 40702. Additional research and development initiative 

The Administrator shall establish an initiative involving the 

Administration, universities, industry, and other research organizations as appropriate, of research, development, and demonstration, 

in a relevant environment, of technologies to enable the following 

commercial aircraft performance characteristics: 

(1) NOISE LEVELS.—Noise levels on takeoff and on airport 

approach and landing that do not exceed ambient noise levels 

in the absence of flight operations in the vicinity of airports 

from which such commercial aircraft would normally operate, 

without increasing energy consumption or nitrogen oxide emissions compared to aircraft in commercial service as of October 

15, 2008. 

(2) GREENHOUSE GAS EMISSIONS.—Significant reductions in 

greenhouse gas emissions compared to aircraft in commercial 

services as of October 15, 2008. 

§ 40703. Research alignment 

In addition to pursuing the research and development initiative 

described in section 40702 of this title, the Administrator shall, 

to the maximum extent practicable within available funding, align 

the fundamental aeronautics research program to address high 

priority technology challenges of the National Academies’ Decadal 

Survey of Civil Aeronautics, and shall work to increase the degree 

of involvement of external organizations, and especially of universities, in the fundamental aeronautics research program. 
H. R. 3237—64 

§ 40704. Research program on perceived impact of sonic 

booms 

(a) ESTABLISHMENT.—The Administrator shall establish a 

cooperative research program with industry, including the conduct 

of flight demonstrations in a relevant environment, to collect data 

on the perceived impact of sonic booms. The data could enable 

the promulgation of appropriate standards for overland commercial 

supersonic flight operations. 

(b) COORDINATION.—The Administrator shall ensure that sonic 

boom research is coordinated as appropriate with the Administrator 

of the Federal Aviation Administration, and as appropriate make 

use of the expertise of the Partnership for Air Transportation Noise 

and Emissions Reduction Center of Excellence sponsored by the 

Administration and the Federal Aviation Administration. 

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. 

§ 40901. Science, Space, and Technology Education Trust 

Fund 

There is appropriated, by transfer from funds appropriated in 

the Department of Housing and Urban Development—Independent 

Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 

1014), for ‘‘Construction of facilities’’, the sum of $15,000,000 to 

the ‘‘Science, Space, and Technology Education Trust Fund’’, which 

is hereby established in the Treasury of the United States. The 

Secretary of the Treasury shall invest these funds in the United 

States Treasury special issue securities, and interest shall be credited to the Trust Fund on a quarterly basis. Such interest shall 

be available for the purpose of making grants for programs directed 

at improving science, space, and technology education in the United 

States. The Administrator, after consultation with the Director 

of the National Science Foundation, shall review applications made 

for such grants and determine the distribution of available funds 

on a competitive basis. Grants shall be made available to any 

awardee only to the extent that the awardee provides matching 

funds from non-Federal sources to carry out the program for which 

grants from this Trust Fund are made. Of the funds made available 

by this Trust Fund, $250,000 shall be disbursed each calendar 

quarter to the Challenger Center for Space Science Education. 

The Administrator shall submit to Congress an annual report on 

the grants made pursuant to this section. 

§ 40902. National Aeronautics and Space Administration 

Endeavor Teacher Fellowship Trust Fund 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States, in tribute to the dedicated crew of the Space 
H. R. 3237—65 

Shuttle Challenger, a trust fund to be known as the National 

Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund (hereafter in this section referred to as the ‘‘Trust 

Fund’’). The Trust Fund shall consist of amounts which may from 

time to time, at the discretion of the Administrator, be transferred 

from the National Aeronautics and Space Administration Gifts and 

Donations Trust Fund. 

(b) INVESTMENT OF TRUST FUND.—The Administrator shall direct 

the Secretary of the Treasury to invest and reinvest funds in 

the Trust Fund in public debt securities with maturities suitable 

for the needs of the Trust Fund, and bearing interest at rates 

determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable 

obligations of the United States of comparable maturities. Interest 

earned shall be credited to the Trust Fund. 

(c) PURPOSE.—Income accruing from the Trust Fund principal 

shall be used to create the National Aeronautics and Space Administration Endeavor Teacher Fellowship Program, to the extent provided in advance in appropriation Acts. The Administrator is 

authorized to use such funds to award fellowships to selected United 

States nationals who are undergraduate students pursuing a course 

of study leading to certified teaching degrees in elementary education or in secondary education in mathematics, science, or technology disciplines. Awards shall be made pursuant to standards 

established for the fellowship program by the Administrator. 

§ 40903. Experimental Program to Stimulate Competitive 

Research—merit grant competition requirements 

(a) DEFINITION OF ELIGIBLE STATE.—In this section, the term 

‘‘eligible State’’ means a State designated by the Administrator 

as eligible to compete in the National Science Foundation’s Experimental Program to Stimulate Competitive Research. 

(b) COMPETITION.—Making use of the existing infrastructure 

established in eligible States by the National Science Foundation, 

the Administrator shall conduct a merit grant competition among 

the eligible States in areas of research important to the mission 

of the Administration. With respect to a grant application by an 

eligible State, the Administrator shall consider— 

(1) the application’s merit and relevance to the mission of 

the Administration; 

(2) the potential for the grant to serve as a catalyst to 

enhance the ability of researchers in the State to become more 

competitive for regular Administration funding; 

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

for science, mathematics, and engineering education in the 

State; and 

(4) the need to ensure the maximum distribution of grants 

among eligible States, consistent with merit. 

(c) SUPPLEMENTAL GRANTS.—The Administrator shall endeavor, 

where appropriate, to supplement grants made under subsection 

(b) with such grants for fellowships, traineeships, equipment, or 

instrumentation as are available. 

(d) INFORMATION IN ANNUAL BUDGET SUBMISSION.—In order to 

ensure that research expertise and talent throughout the Nation 

is developed and engaged in Administration research and education 

activities, the Administration shall, as part of its annual budget 

submission, detail additional steps that can be taken to further 
H. R. 3237—66 

integrate the participating eligible States in both existing and new 

or emerging Administration research programs and center activities. 

§ 40904. Microgravity research 

The Administrator shall— 

(1) ensure the capacity to support ground-based research 

leading to space-based basic and applied scientific research 

in a variety of disciplines with potential direct national benefits 

and applications that can be advanced significantly from the 

uniqueness of microgravity and the space environment; and 

(2) carry out, to the maximum extent practicable, basic, 

applied, and commercial International Space Station research 

in fields such as molecular crystal growth, animal research, 

basic fluid physics, combustion research, cellular biotechnology, 

low-temperature physics, and cellular research at a level that 

will sustain the existing United States scientific expertise and 

research capability in microgravity research. 

§ 40905. Program to expand distance learning in rural underserved areas 

(a) IN GENERAL.—The Administrator shall develop or expand 

programs to extend science and space educational outreach to rural 

communities and schools through video conferencing, interpretive 

exhibits, teacher education, classroom presentations, and student 

field trips. 

(b) PRIORITIES.—In carrying out subsection (a), the Administrator 

shall give priority to existing programs, including Challenger 

Learning Centers— 

(1) that utilize community-based partnerships in the field; 

(2) that build and maintain video conference and exhibit 

capacity; 

(3) that travel directly to rural communities and serve lowincome populations; and 

(4) with a special emphasis on increasing the number of 

women and minorities in the science and engineering professions. 

§ 40906. Equal access to the Administration’s education programs 

(a) IN GENERAL.—The Administrator shall strive to ensure equal 

access for minority and economically disadvantaged students to 

the Administration’s education programs. 

(b) REPORT.—Every 2 years, the Administrator shall submit a 

report to the Committee on Science and Technology of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate describing the efforts by the Administrator to ensure equal access for minority and economically disadvantaged students under this section and the results of such 

efforts. As part of the report, the Administrator shall provide— 

(1) data on minority participation in the Administration’s 

education programs, at a minimum in the categories of— 

(A) elementary and secondary education; 

(B) undergraduate education; and 

(C) graduate education; and 

(2) the total value of grants the Administration made to 

Historically Black Colleges and Universities and to Hispanic 
H. R. 3237—67 

Serving Institutions through education programs during the 

period covered by the report. 

(c) PROGRAM.—The Administrator shall establish the Dr. Mae 

C. Jemison Grant Program to work with Minority Serving Institutions to bring more women of color into the field of space and 

aeronautics. 

§ 40907. Museums 

The Administrator may provide grants to, and enter into cooperative agreements with, museums and planetariums to enable them 

to enhance programs related to space exploration, aeronautics, space 

science, Earth science, or microgravity. 

§ 40908. Continuation of certain education programs 

From amounts appropriated to the Administration for education 

programs, the Administrator shall ensure the continuation of the 

Space Grant Program, the Experimental Program to Stimulate 

Competitive Research, and, consistent with the results of the review 

under section 614 of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 

2933), the Administration Explorer School program, to motivate 

and develop the next generation of explorers. 

§ 40909. Compliance with title IX of Education Amendments 

of 1972 

To comply with title IX of the Education Amendments of 1972 

(20 U.S.C. 1681 et seq.), the Administrator shall conduct compliance 

reviews of at least 2 grantees annually. 

Subtitle V—Programs Targeting 

Commercial Opportunities 

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. 

SUBCHAPTER I—GENERAL 

§ 50101. Definitions 

In this chapter: 
H. R. 3237—68 

(1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

means any person providing space transportation services or 

other space-related activities, primary control of which is held 

by persons other than Federal, State, local, and foreign governments. 

(2) PAYLOAD.—The term ‘‘payload’’ means anything that a 

person undertakes to transport to, from, or within outer space, 

or in suborbital trajectory, by means of a space transportation 

vehicle, but does not include the space transportation vehicle 

itself except for its components which are specifically designed 

or adapted for that payload. 

(3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related 

activities’’ includes research and development, manufacturing, 

processing, service, and other associated and support activities. 

(4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space 

transportation services’’ means the preparation of a space 

transportation vehicle and its payloads for transportation to, 

from, or within outer space, or in suborbital trajectory, and 

the conduct of transporting a payload to, from, or within outer 

space, or in suborbital trajectory. 

(5) SPACE TRANSPORTATION VEHICLE.—The term ‘‘space 

transportation vehicle’’ means any vehicle constructed for the 

purpose of operating in, or transporting a payload to, from, 

or within, outer space, or in suborbital trajectory, and includes 

any component of such vehicle not specifically designed or 

adapted for a payload. 

(6) STATE.—The term ‘‘State’’ means each of the several States 

of the Union, the District of Columbia, the Commonwealth 

of Puerto Rico, the Virgin Islands, Guam, American Samoa, 

the Commonwealth of the Northern Mariana Islands, and any 

other commonwealth, territory, or possession of the United 

States. 

(7) UNITED STATES COMMERCIAL PROVIDER.—The term 

‘‘United States commercial provider’’ means a commercial provider, organized under the laws of the United States or of 

a State, that is— 

(A) more than 50 percent owned by United States 

nationals; or 

(B) a subsidiary of a foreign company and the Secretary 

of Transportation finds that— 

(i) such subsidiary has in the past evidenced a 

substantial commitment to the United States market 

through— 

(I) investments in the United States in longterm research, development, and manufacturing 

(including the manufacture of major components 

and subassemblies); and 

(II) significant contributions to employment in 

the United States; and 

(ii) the country or countries in which such foreign 

company is incorporated or organized, and, if appropriate, in which it principally conducts its business, 

affords reciprocal treatment to companies described 

in subparagraph (A) comparable to that afforded to 

such foreign company’s subsidiary in the United States, 

as evidenced by— 
H. R. 3237—69 

(I) providing comparable opportunities for 

companies described in subparagraph (A) to 

participate in Government-sponsored research and 

development similar to that authorized under this 

chapter; 

(II) providing no barriers, to companies described 

in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States; and 

(III) providing adequate and effective protection 

for the intellectual property rights of companies 

described in subparagraph (A). 

SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 

OPPORTUNITIES 

§ 50111. Commercialization of Space Station 

(a) POLICY.—Congress declares that a priority goal of constructing 

the International Space Station is the economic development of 

Earth orbital space. Congress further declares that free and 

competitive markets create the most efficient conditions for promoting economic development, and should therefore govern the 

economic development of Earth orbital space. Congress further 

declares that the use of free market principles in operating, servicing, allocating the use of, and adding capabilities to the Space 

Station, and the resulting fullest possible engagement of commercial 

providers and participation of commercial users, will reduce Space 

Station operational costs for all partners and the Federal Government’s share of the United States burden to fund operations. 

(b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.— 

(1) IN GENERAL.—In order to stimulate commercial use of 

space, help maximize the utility and productivity of the International Space Station, and enable a commercial means of 

providing crew transfer and crew rescue services for the International Space Station, the Administration shall— 

(A) make use of United States commercially provided 

International Space Station crew transfer and crew rescue 

services to the maximum extent practicable, if those 

commercial services have demonstrated the capability to 

meet Administration-specified ascent, entry, and International Space Station proximity operations safety requirements; 

(B) limit, to the maximum extent practicable, the use 

of the Crew Exploration Vehicle to missions carrying astronauts beyond low Earth orbit once commercial crew 

transfer and crew rescue services that meet safety requirements become operational; 

(C) facilitate, to the maximum extent practicable, the 

transfer of Administration-developed technologies to potential United States commercial crew transfer and rescue 

service providers, consistent with United States law; and 

(D) issue a notice of intent, not later than 180 days 

after October 15, 2008, to enter into a funded, competitively 

awarded Space Act Agreement with 2 or more commercial 

entities for a Phase 1 Commercial Orbital Transportation 

Services crewed vehicle demonstration program. 
H. R. 3237—70 

(2) CONGRESSIONAL INTENT.—It is the intent of Congress 

that funding for the program described in paragraph (1)(D) 

shall not come at the expense of full funding of the amounts 

authorized under section 101(3)(A) of the National Aeronautics 

and Space Administration Authorization Act of 2008 (Public 

Law 110–422, 122 Stat. 4783), and for future fiscal years, 

for Orion Crew Exploration Vehicle development, Ares I Crew 

Launch Vehicle development, or International Space Station 

cargo delivery. 

(3) ADDITIONAL TECHNOLOGIES.—The Administration shall 

make International Space Station-compatible docking adaptors 

and other relevant technologies available to the commercial 

crew providers selected to service the International Space Station. 

(4) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.— 

If a commercial provider demonstrates the capability to provide 

International Space Station crew transfer and crew rescue services and to satisfy Administration ascent, entry, and International Space Station proximity operations safety requirements, the Administration shall enter into an International 

Space Station crew transfer and crew rescue services contract 

with that commercial provider for a portion of the Administration’s anticipated International Space Station crew transfer 

and crew rescue requirements from the time the commercial 

provider commences operations under contract with the 

Administration through calendar year 2016, with an option 

to extend the period of performance through calendar year 

2020. 

§ 50112. Promotion of United States Global Positioning 

System standards 

In order to support and sustain the Global Positioning System 

in a manner that will most effectively contribute to the national 

security, public safety, scientific, and economic interests of the 

United States, Congress encourages the President to— 

(1) ensure the operation of the Global Positioning System 

on a continuous worldwide basis free of direct user fees; 

(2) enter into international agreements that promote cooperation with foreign governments and international organizations 

to— 

(A) establish the Global Positioning System and its augmentations as an acceptable international standard; and 

(B) eliminate any foreign barriers to applications of the 

Global Positioning System worldwide; and 

(3) provide clear direction and adequate resources to the 

Assistant Secretary of Commerce for Communications and 

Information so that on an international basis the Assistant 

Secretary can— 

(A) achieve and sustain efficient management of the 

electromagnetic spectrum used by the Global Positioning 

System; and 

(B) protect that spectrum from disruption and interference. 

§ 50113. Acquisition of space science data 

(a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the 

term ‘‘space science data’’ includes scientific data concerning— 
H. R. 3237—71 

(1) the elemental and mineralogical resources of the moon, 

asteroids, planets and their moons, and comets; 

(2) microgravity acceleration; and 

(3) solar storm monitoring. 

(b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Administrator shall, to the extent possible and while satisfying the scientific 

or educational requirements of the Administration, and where 

appropriate, of other Federal agencies and scientific researchers, 

acquire, where cost effective, space science data from a commercial 

provider. 

(c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM

UNDER ACQUISITION LAWS.—Acquisitions of space science data by 

the Administrator shall be carried out in accordance with applicable 

acquisition laws and regulations (including chapters 137 and 140 

of title 10). For purposes of such law and regulations, space science 

data shall be considered to be a commercial item. Nothing in this 

subsection shall be construed to preclude the United States from 

acquiring, through contracts with commercial providers, sufficient 

rights in data to meet the needs of the scientific and educational 

community or the needs of other government activities. 

(d) SAFETY STANDARDS.—Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. 

(e) LIMITATION.—This section does not authorize the Administration to provide financial assistance for the development of commercial systems for the collection of space science data. 

§ 50114. Administration of commercial space centers 

The Administrator shall administer the Commercial Space Center 

program in a coordinated manner from Administration headquarters in Washington, D.C. 

§ 50115. Sources of Earth science data 

(a) ACQUISITION.—The Administrator shall, to the extent possible 

and while satisfying the scientific or educational requirements of 

the Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost-effective, spacebased and airborne Earth remote sensing data, services, distribution, and applications from a commercial provider. 

(b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION

LAWS.—Acquisitions by the Administrator of the data, services, 

distribution, and applications referred to in subsection (a) shall 

be carried out in accordance with applicable acquisition laws and 

regulations (including chapters 137 and 140 of title 10). For purposes of such law and regulations, such data, services, distribution, 

and applications shall be considered to be a commercial item. 

Nothing in this subsection shall be construed to preclude the United 

States from acquiring, through contracts with commercial providers, 

sufficient rights in data to meet the needs of the scientific and 

educational community or the needs of other government activities. 

(c) SAFETY STANDARDS.—Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. 

(d) ADMINISTRATION AND EXECUTION.—This section shall be carried out as part of the Commercial Remote Sensing Program at 

the Stennis Space Center. 
H. R. 3237—72 

§ 50116. Commercial technology transfer program 

(a) IN GENERAL.—The Administrator shall execute a commercial 

technology transfer program with the goal of facilitating the 

exchange of services, products, and intellectual property between 

the Administration and the private sector. This program shall place 

at least as much emphasis on encouraging the transfer of Administration technology to the private sector (‘‘spinning out’’) as on 

encouraging use of private sector technology by the Administration. 

This program shall be maintained in a manner that provides clear 

benefits for the Administration, the domestic economy, and the 

research community. 

(b) PROGRAM STRUCTURE.—In carrying out the program described 

in subsection (a), the Administrator shall provide program participants with at least 45 days notice of any proposed changes to 

the structure of the Administration’s technology transfer and 

commercialization organizations that is in effect as of December 

30, 2005. 

SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE 

TRANSPORTATION SERVICES 

§ 50131. Requirement to procure commercial space transportation services 

(a) IN GENERAL.—Except as otherwise provided in this section, 

the Federal Government shall acquire space transportation services 

from United States commercial providers whenever such services 

are required in the course of its activities. To the maximum extent 

practicable, the Federal Government shall plan missions to 

accommodate the space transportation services capabilities of 

United States commercial providers. 

(b) EXCEPTIONS.—The Federal Government shall not be required 

to acquire space transportation services under subsection (a) if, 

on a case-by-case basis, the Administrator or, in the case of a 

national security issue, the Secretary of the Air Force, determines 

that— 

(1) a payload requires the unique capabilities of the space 

shuttle; 

(2) cost effective space transportation services that meet specific mission requirements would not be reasonably available 

from United States commercial providers when required; 

(3) the use of space transportation services from United 

States commercial providers poses an unacceptable risk of loss 

of a unique scientific opportunity; 

(4) the use of space transportation services from United 

States commercial providers is inconsistent with national security objectives; 

(5) the use of space transportation services from United 

States commercial providers is inconsistent with international 

agreements for international collaborative efforts relating to 

science and technology; 

(6) it is more cost effective to transport a payload in conjunction with a test or demonstration of a space transportation 

vehicle owned by the Federal Government; or 

(7) a payload can make use of the available cargo space 

on a space shuttle mission as a secondary payload, and such 

payload is consistent with the requirements of research, 
H. R. 3237—73 

development, demonstration, scientific, commercial, and educational programs authorized by the Administrator. 

(c) AGREEMENTS WITH FOREIGN ENTITIES.—Nothing in this section shall prevent the Administrator from planning or negotiating 

agreements with foreign entities for the launch of Federal Government payloads for international collaborative efforts relating to 

science and technology. 

(d) DELAYED EFFECT.—Subsection (a) shall not apply to space 

transportation services and space transportation vehicles acquired 

or owned by the Federal Government before October 28, 1998, 

or with respect to which a contract for such acquisition or ownership 

has been entered into before October 28, 1998. 

(e) HISTORICAL PURPOSES.—This section shall not be construed 

to prohibit the Federal Government from acquiring, owning, or 

maintaining space transportation vehicles solely for historical display purposes. 

§ 50132. Acquisition of commercial space transportation 

services 

(a) TREATMENT OF COMMERCIAL SPACE TRANSPORTATION SERVICES

AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Acquisitions of 

space transportation services by the Federal Government shall be 

carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10). For purposes 

of such law and regulations, space transportation services shall 

be considered to be a commercial item. 

(b) SAFETY STANDARDS.—Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. 

§ 50133. Shuttle privatization 

The Administrator shall prepare for an orderly transition from 

the Federal operation, or Federal management of contracted operation, of space transportation systems to the Federal purchase 

of commercial space transportation services for all nonemergency 

space transportation requirements for transportation to and from 

Earth orbit, including human, cargo, and mixed payloads. In those 

preparations, the Administrator shall take into account the need 

for short-term economies, as well as the goal of restoring the 

Administration’s research focus and its mandate to promote the 

fullest possible commercial use of space. As part of those preparations, the Administrator shall plan for the potential privatization 

of the space shuttle program. Such plan shall keep safety and 

cost effectiveness as high priorities. Nothing in this section shall 

prohibit the Administration from studying, designing, developing, 

or funding upgrades or modifications essential to the safe and 

economical operation of the space shuttle fleet. 

§ 50134. Use of excess intercontinental ballistic missiles 

(a) IN GENERAL.—The Federal Government shall not— 

(1) convert any missile described in subsection (c) to a space 

transportation vehicle configuration; or 

(2) transfer ownership of any such missile to another person, 

except as provided in subsection (b). 

(b) AUTHORIZED FEDERAL USES.— (1) IN GENERAL.—A missile described in subsection (c) may 

be converted for use as a space transportation vehicle by the 
H. R. 3237—74 

Federal Government if, except as provided in paragraph (2) 

and at least 30 days before such conversion, the agency seeking 

to use the missile as a space transportation vehicle transmits 

to the Committee on Armed Services and the Committee on 

Science and Technology of the House of Representatives, and 

to the Committee on Armed Services and the Committee on 

Commerce, Science, and Transportation of the Senate, a certification that the use of such missile— 

(A) would result in cost savings to the Federal Government when compared to the cost of acquiring space 

transportation services from United States commercial providers; 

(B) meets all mission requirements of the agency, 

including performance, schedule, and risk requirements; 

(C) is consistent with international obligations of the 

United States; and 

(D) is approved by the Secretary of Defense or the designee of the Secretary of Defense. 

(2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE

TRANSMITTED 30 DAYS BEFORE CONVERSION.—The requirement 

under paragraph (1) that the certification described in that 

paragraph must be transmitted at least 30 days before conversion of the missile shall not apply if the Secretary of Defense 

determines that compliance with that requirement would be 

inconsistent with meeting immediate national security requirements. 

(c) MISSILES REFERRED TO.—The missiles referred to in this section are missiles owned by the United States that— 

(1) were formerly used by the Department of Defense for 

national defense purposes as intercontinental ballistic missiles; 

and 

(2) have been declared excess to United States national 

defense needs and are in compliance with international obligations of the United States. 

CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 

TRANSPORTATION 

Sec. 

50301. Definitions. 

50302. Loan guarantees for production of commercial reusable in-space transportation. 

§ 50301. Definitions 

In this chapter: 

(1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 

means any person or entity providing commercial reusable inorbit space transportation services or systems, primary control 

of which is held by persons other than the Federal Government, 

a State or local government, or a foreign government. 

(2) IN-SPACE TRANSPORTATION SERVICES.—The term ‘‘in-space 

transportation services’’ means operations and activities 

involved in the direct transportation or attempted transportation of a payload or object from one orbit to another by 

means of an in-space transportation vehicle. 

(3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space 

transportation system’’ means the space and ground elements, 
H. R. 3237—75 

including in-space transportation vehicles and support space 

systems, and ground administration and control facilities and 

associated equipment, necessary for the provision of in-space 

transportation services. 

(4) IN-SPACE TRANSPORTATION VEHICLE.—The term ‘‘in-space 

transportation vehicle’’ means a vehicle designed— 

(A) to be based and operated in space; 

(B) to transport various payloads or objects from one 

orbit to another orbit; and 

(C) to be reusable and refueled in space. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Defense. 

(6) UNITED STATES COMMERCIAL PROVIDER.—The term 

‘‘United States commercial provider’’ means any commercial 

provider organized under the laws of the United States that 

is more than 50 percent owned by United States nationals. 

§ 50302. Loan guarantees for production of commercial 

reusable in-space transportation 

(a) AUTHORITY TO MAKE LOAN GUARANTEES.—The Secretary may 

guarantee loans made to eligible United States commercial providers for purposes of producing commercial reusable in-space 

transportation services or systems. 

(b) ELIGIBLE UNITED STATES COMMERCIAL PROVIDERS.—The Secretary shall prescribe requirements for the eligibility of United 

States commercial providers for loan guarantees under this section. 

Such requirements shall ensure that eligible providers are financially capable of undertaking a loan guaranteed under this section. 

(c) LIMITATION ON LOANS GUARANTEED.—The Secretary may not 

guarantee a loan for a United States commercial provider under 

this section unless the Secretary determines that credit would not 

otherwise be reasonably available at the time of the guarantee 

for the commercial reusable in-space transportation service or 

system to be produced utilizing the proceeds of the loan. 

(d) CREDIT SUBSIDY.— 

(1) COLLECTION REQUIRED.—The Secretary shall collect from 

each United States commercial provider receiving a loan guarantee under this section an amount equal to the amount, as 

determined by the Secretary, to cover the cost, as defined 

in section 502(5) of the Federal Credit Reform Act of 1990 

(2 U.S.C. 661a(5)), of the loan guarantee. 

(2) PERIODIC DISBURSEMENTS.—In the case of a loan guarantee in which proceeds of the loan are disbursed over time, 

the Secretary shall collect the amount required under this 

subsection on a pro rata basis, as determined by the Secretary, 

at the time of each disbursement. 

(e) OTHER TERMS AND CONDITIONS.— 

(1) PROHIBITION ON SUBORDINATION.—A loan guaranteed 

under this section may not be subordinated to another debt 

contracted by the United States commercial provider concerned, 

or to any other claims against such provider. 

(2) RESTRICTION ON INCOME.—A loan guaranteed under this 

section may not— 

(A) provide income which is excluded from gross income 

for purposes of chapter 1 of the Internal Revenue Code 

of 1986 (26 U.S.C. 1 et seq.); or 
H. R. 3237—76 

(B) provide significant collateral or security, as determined by the Secretary, for other obligations the income 

from which is so excluded. 

(3) TREATMENT OF GUARANTEE.—The guarantee of a loan 

under this section shall be conclusive evidence of the following: 

(A) That the guarantee has been properly obtained. 

(B) That the loan qualifies for the guarantee. 

(C) That, but for fraud or material misrepresentation 

by the holder of the loan, the guarantee is valid, legal, 

and enforceable. 

(4) OTHER TERMS AND CONDITIONS.—The Secretary may establish any other terms and conditions for a guarantee of a loan 

under this section as the Secretary considers appropriate to 

protect the financial interests of the United States. 

(f) ENFORCEMENT OF RIGHTS.— 

(1) IN GENERAL.—The Attorney General may take any action 

the Attorney General considers appropriate to enforce any right 

accruing to the United States under a loan guarantee under 

this section. 

(2) FORBEARANCE.—The Attorney General may, with the 

approval of the parties concerned, forbear from enforcing any 

right of the United States under a loan guaranteed under 

this section for the benefit of a United States commercial provider if such forbearance will not result in any cost, as defined 

in section 502(5) of the Federal Credit Reform Act of 1990 

(2 U.S.C. 661a(5)), to the United States. 

(3) UTILIZATION OF PROPERTY.—Notwithstanding any other 

provision of law and subject to the terms of a loan guaranteed 

under this section, upon the default of a United States commercial provider under the loan, the Secretary may, at the election 

of the Secretary— 

(A) assume control of the physical asset financed by 

the loan; and 

(B) complete, recondition, reconstruct, renovate, repair, 

maintain, operate, or sell the physical asset. 

(g) CREDIT INSTRUMENTS.— 

(1) AUTHORITY TO ISSUE INSTRUMENTS.—Notwithstanding any 

other provision of law, the Secretary may, subject to such 

terms and conditions as the Secretary considers appropriate, 

issue credit instruments to United States commercial providers 

of in-space transportation services or systems, with the aggregate cost (as determined under the provisions of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of such 

instruments not to exceed $1,500,000,000, but only to the extent 

that new budget authority to cover such costs is provided in 

subsequent appropriations Acts or authority is otherwise provided in subsequent appropriations Acts. 

(2) CREDIT SUBSIDY.—The Secretary shall provide a credit 

subsidy for any credit instrument issued under this subsection 

in accordance with the provisions of the Federal Credit Reform 

Act of 1990 (2 U.S.C. 661 et seq.). 

(3) CONSTRUCTION.—The eligibility of a United States 

commercial provider of in-space transportation services or systems for a credit instrument under this subsection is in addition 

to any eligibility of such provider for a loan guarantee under 

other provisions of this section. 
H. R. 3237—77 

CHAPTER 505—COMMERCIAL SPACE COMPETITIVENESS 

Sec. 

50501. Definitions. 

50502. Launch voucher demonstration program. 

50503. Anchor tenancy and termination liability. 

50504. Use of Government facilities. 

50505. Test facilities. 

50506. Commercial Space Achievement Award. 

§ 50501. Definitions 

In this chapter: 

(1) AGENCY.—The term ‘‘agency’’ means an executive agency 

as defined in section 105 of title 5. 

(2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means 

an arrangement in which the United States Government agrees 

to procure sufficient quantities of a commercial space product 

or service needed to meet Government mission requirements 

so that a commercial venture is made viable. 

(3) COMMERCIAL.—The term ‘‘commercial’’ means having— 

(A) private capital at risk; and 

(B) primary financial and management responsibility for 

the activity reside with the private sector. 

(4) COST EFFECTIVE.—The term ‘‘cost effective’’ means costing 

no more than the available alternatives, determined by a 

comparison of all related direct and indirect costs including, 

in the case of Government costs, applicable Government labor 

and overhead costs as well as contractor charges, and taking 

into account the ability of each alternative to accommodate 

mission requirements as well as the related factors of risk, 

reliability, schedule, and technical performance. 

(5) LAUNCH.—The term ‘‘launch’’ means to place, or attempt 

to place, a launch vehicle and its payload, if any, in a suborbital 

trajectory, in Earth orbit in outer space, or otherwise in outer 

space. 

(6) LAUNCH SERVICES.—The term ‘‘launch services’’ means 

activities involved in the preparation of a launch vehicle and 

its payload for launch and the conduct of a launch. 

(7) LAUNCH SUPPORT FACILITIES.—The term ‘‘launch support 

facilities’’ means facilities located at launch sites or launch 

ranges that are required to support launch activities, including 

launch vehicle assembly, launch vehicle operations and control, 

communications, flight safety functions, and payload operations, 

control, and processing. 

(8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any 

vehicle constructed for the purpose of operating in or placing 

a payload in outer space or in suborbital trajectories, and 

includes components of that vehicle. 

(9) PAYLOAD.—The term ‘‘payload’’ means an object which 

a person undertakes to launch, and includes subcomponents 

of the launch vehicle specifically designed or adapted for that 

object. 

(10) PAYLOAD INTEGRATION SERVICES.—The term ‘‘payload 

integration services’’ means activities involved in integrating 

multiple payloads into a single payload for launch or integrating 

a payload with a launch vehicle. 

(11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space 

recovery support facilities’’ means facilities required to support 

activities related to the recovery of payloads returned from 
H. R. 3237—78 

space to a space recovery site, including operations and control, 

communications, flight safety functions, and payload processing. 

(12) SPACE TRANSPORTATION INFRASTRUCTURE.—The term 

‘‘space transportation infrastructure’’ means facilities, associated equipment, and real property (including launch sites, 

launch support facilities, space recovery sites, and space 

recovery support facilities) required to perform launch or space 

recovery activities. 

(13) STATE.—The term ‘‘State’’ means the several States, 

the District of Columbia, Puerto Rico, American Samoa, the 

United States Virgin Islands, Guam, the Northern Mariana 

Islands, and any other commonwealth, territory, or possession 

of the United States. 

(14) UNITED STATES.—The term ‘‘United States’’ means the 

States, collectively. 

§ 50502. Launch voucher demonstration program 

(a) REQUIREMENT TO ESTABLISH PROGRAM.—The Administrator 

shall establish a demonstration program to award vouchers for 

the payment of commercial launch services and payload integration 

services for the purpose of launching payloads funded by the 

Administration. 

(b) AWARD OF VOUCHERS.—The Administrator shall award 

vouchers under subsection (a) to appropriate individuals as a part 

of grants administered by the Administration for the launch of— 

(1) payloads to be placed in suborbital trajectories; and 

(2) small payloads to be placed in orbit. 

(c) ASSISTANCE.—The Administrator may provide voucher award 

recipients with such assistance (including contract formulation and 

technical support during the proposal evaluation) as may be necessary to ensure the purchase of cost effective and reasonably 

reliable commercial launch services and payload integration services. 

§ 50503. Anchor tenancy and termination liability 

(a) ANCHOR TENANCY CONTRACTS.—Subject to appropriations, the 

Administrator or the Administrator of the National Oceanic and 

Atmospheric Administration may enter into multiyear anchor tenancy contracts for the purchase of a good or service if the appropriate Administrator determines that— 

(1) the good or service meets the mission requirements of 

the Administration or the National Oceanic and Atmospheric 

Administration, as appropriate; 

(2) the commercially procured good or service is cost effective; 

(3) the good or service is procured through a competitive 

process; 

(4) existing or potential customers for the good or service 

other than the United States Government have been specifically 

identified; 

(5) the long-term viability of the venture is not dependent 

upon a continued Government market or other nonreimbursable 

Government support; and 

(6) private capital is at risk in the venture. 

(b) TERMINATION LIABILITY.— 

(1) IN GENERAL.—Contracts entered into under subsection 

(a) may provide for the payment of termination liability in 
H. R. 3237—79 

the event that the Government terminates such contracts for 

its convenience. 

(2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON

LIABILITY.—Contracts that provide for the payment of termination liability, as described in paragraph (1), shall include 

a fixed schedule of such termination liability payments. 

Liability under such contracts shall not exceed the total payments which the Government would have made after the date 

of termination to purchase the good or service if the contract 

were not terminated. 

(3) USE OF FUNDS.—Subject to appropriations, funds available 

for such termination liability payments may be used for purchase of the good or service upon successful delivery of the 

good or service pursuant to the contract. In such case, sufficient 

funds shall remain available to cover any remaining termination liability. 

(c) LIMITATIONS.— 

(1) DURATION.—Contracts entered into under this section 

shall not exceed 10 years in duration. 

(2) FIXED PRICE.—Such contracts shall provide for delivery 

of the good or service on a firm, fixed price basis. 

(3) PERFORMANCE SPECIFICATIONS.—To the extent practicable, 

reasonable performance specifications shall be used to define 

technical requirements in such contracts. 

(4) FAILURE TO PERFORM.—In any such contract, the appropriate Administrator shall reserve the right to completely or 

partially terminate the contract without payment of such termination liability because of the contractor’s actual or anticipated 

failure to perform its contractual obligations. 

§ 50504. Use of Government facilities 

(a) AUTHORITY.— 

(1) IN GENERAL.—Federal agencies, including the Administration and the Department of Defense, may allow non-Federal 

entities to use their space-related facilities on a reimbursable 

basis if the Administrator, the Secretary of Defense, or the 

appropriate agency head determines that— 

(A) the facilities will be used to support commercial space 

activities; 

(B) such use can be supported by existing or planned 

Federal resources; 

(C) such use is compatible with Federal activities; 

(D) equivalent commercial services are not available on 

reasonable terms; and 

(E) such use is consistent with public safety, national 

security, and international treaty obligations. 

(2) CONSULTATION.—In carrying out paragraph (1)(E), each 

agency head shall consult with appropriate Federal officials. 

(b) REIMBURSEMENT PAYMENT.— 

(1) AMOUNT.—The reimbursement referred to in subsection 

(a) may be an amount equal to the direct costs (including 

salaries of United States civilian and contractor personnel) 

incurred by the United States as a result of the use of such 

facilities by the private sector. For the purposes of this paragraph, the term ‘‘direct costs’’ means the actual costs that 

can be unambiguously associated with such use, and would 
H. R. 3237—80 

not be borne by the United States Government in the absence 

of such use. 

(2) CREDIT TO APPROPRIATION.—The amount of any payment 

received by the United States for use of facilities under this 

subsection shall be credited to the appropriation from which 

the cost of providing such facilities was paid. 

§ 50505. Test facilities 

(a) CHARGES.—The Administrator shall establish a policy of 

charging users of the Administration’s test facilities for the costs 

associated with their tests at a level that is competitive with alternative test facilities. The Administrator shall not implement a 

policy of seeking full cost recovery for a facility until at least 

30 days after transmitting a notice to the Committee on Science 

and Technology of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate. 

(b) FUNDING ACCOUNT.—In planning and budgeting, the Administrator shall establish a funding account that shall be used for 

all test facilities. The account shall be sufficient to maintain the 

viability of test facilities during periods of low utilization. 

§ 50506. Commercial Space Achievement Award 

(a) ESTABLISHMENT.—There is established a Commercial Space 

Achievement Award. The award shall consist of a medal, which 

shall be of such design and materials and bear such inscriptions 

as determined by the Secretary of Commerce. A cash prize may 

also be awarded if funding for the prize is available under subsection 

(d). 

(b) CRITERIA FOR AWARD.—The Secretary of Commerce shall 

periodically make awards under this section to individuals, corporations, corporate divisions, or corporate subsidiaries substantially 

engaged in commercial space activities that in the opinion of the 

Secretary of Commerce best meet the following criteria: 

(1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at 

least half of the revenues from the space-related activities 

of the corporation, division, or subsidiary is derived from 

sources other than the United States Government. 

(2) SUBSTANTIAL CONTRIBUTION.—The activities and achievements of the individual, corporation, division, or subsidiary 

have substantially contributed to the United States gross 

national product and the stature of United States industry 

in international markets, with due consideration for both the 

economic magnitude and the technical quality of the activities 

and achievements. 

(3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The individual, corporation, division, or subsidiary has substantially 

advanced space technology and space applications directly 

related to commercial space activities. 

(c) LIMITATIONS.—No individual or corporate entity may receive 

an award under this section more than once every 5 years. 

(d) FUNDING FOR AWARD.—The Secretary of Commerce may seek 

and accept gifts of money from public and private sources for 

the purpose of making cash prize awards under this section. Such 

money may be used only for that purpose, and only such money 

may be used for that purpose. The Secretary of Commerce shall 

make publicly available an itemized list of the sources of such 

funding. 
H. R. 3237—81 

CHAPTER 507—OFFICE OF SPACE COMMERCIALIZATION 

Sec. 

50701. Definition of Office. 

50702. Establishment. 

50703. Annual report. 

§ 50701. Definition of Office 

In this chapter, the term ‘‘Office’’ means the Office of Space 

Commercialization established in section 50702 of this title. 

§ 50702. Establishment 

(a) IN GENERAL.—There is established within the Department 

of Commerce an Office of Space Commercialization. 

(b) DIRECTOR.—The Office shall be headed by a Director, who 

shall be a senior executive and shall be compensated at a level 

in the Senior Executive Service under section 5382 of title 5 as 

determined by the Secretary of Commerce. 

(c) FUNCTIONS OF OFFICE.—The Office shall be the principal unit 

for the coordination of space-related issues, programs, and initiatives within the Department of Commerce. 

(d) DUTIES OF DIRECTOR.—The primary responsibilities of the 

Director in carrying out the functions of the Office shall include— 

(1) promoting commercial provider investment in space activities by collecting, analyzing, and disseminating information 

on space markets, and conducting workshops and seminars 

to increase awareness of commercial space opportunities; 

(2) assisting United States commercial providers in the efforts 

of those providers to conduct business with the United States 

Government; 

(3) acting as an industry advocate within the executive branch 

of the Federal Government to ensure that the Federal Government meets the space-related requirements of the Federal 

Government, to the fullest extent feasible, using commercially 

available space goods and services; 

(4) ensuring that the United States Government does not 

compete with United States commercial providers in the provision of space hardware and services otherwise available from 

United States commercial providers; 

(5) promoting the export of space-related goods and services; 

(6) representing the Department of Commerce in the development of United States policies and in negotiations with foreign 

countries to ensure free and fair trade internationally in the 

area of space commerce; and 

(7) seeking the removal of legal, policy, and institutional 

impediments to space commerce. 

§ 50703. Annual report 

The Secretary of Commerce shall submit an annual report on 

the activities of the Office, including planned programs and expenditures, to the Committee on Commerce, Science, and Transportation 

of the Senate and the Committee on Science and Technology of 

the House of Representatives. 

Subtitle VI—Earth Observations 
H. R. 3237—82 

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. 

SUBCHAPTER I—GENERAL 

§ 60101. Definitions 

In this chapter: 

(1) COST OF FULFILLING USER REQUESTS.—The term ‘‘cost 

of fulfilling user requests’’ means the incremental costs associated with providing product generation, reproduction, and distribution of unenhanced data in response to user requests and 

shall not include any acquisition, amortization, or depreciation 

of capital assets originally paid for by the United States Government or other costs not specifically attributable to fulfilling 

user requests. 

(2) DATA CONTINUITY.—The term ‘‘data continuity’’ means 

the continued acquisition and availability of unenhanced data 

which are, from the point of view of the user— 

(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) 

with previous Landsat data to allow comparisons for global 

and regional change detection and characterization; and 

(B) compatible with such data and with methods used 

to receive and process such data. 

(3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— 

(A) may include— 
H. R. 3237—83 

(i) rectification of system and sensor distortions in 

land remote sensing data as it is received directly 

from the satellite in preparation for delivery to a user; 

(ii) registration of such data with respect to features 

of the Earth; and 

(iii) calibration of spectral response with respect to 

such data; but 

(B) does not include conclusions, manipulations, or calculations derived from such data, or a combination of such 

data with other data. 

(4) LAND REMOTE SENSING.—The term ‘‘land remote sensing’’ 

means the collection of data which can be processed into 

imagery of surface features of the Earth from an unclassified 

satellite or satellites, other than an operational United States 

Government weather satellite. 

(5) LANDSAT PROGRAM MANAGEMENT.—The term ‘‘Landsat 

Program Management’’ means the integrated program management structure— 

(A) established by, and responsible to, the Administrator 

and the Secretary of Defense pursuant to section 60111(a) 

of this title; and 

(B) consisting of appropriate officers and employees of 

the Administration, the Department of Defense, and any 

other United States Government agencies the President 

designates as responsible for the Landsat program. 

(6) LANDSAT SYSTEM.—The term ‘‘Landsat system’’ means 

Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote 

sensing system operated and owned by the United States 

Government, along with any related ground equipment, systems, and facilities owned by the United States Government. 

(7) LANDSAT 6 CONTRACTOR.—The term ‘‘Landsat 6 contractor’’ 

means the private sector entity which was awarded the contract 

for spacecraft construction, operations, and data marketing 

rights for the Landsat 6 spacecraft. 

(8) LANDSAT 7.—The term ‘‘Landsat 7’’ means the followon satellite to Landsat 6. 

(9) NATIONAL SATELLITE LAND REMOTE SENSING DATA

ARCHIVE.—The term ‘‘National Satellite Land Remote Sensing 

Data Archive’’ means the archive established by the Secretary 

of the Interior pursuant to the archival responsibilities defined 

in section 60142 of this title. 

(10) NONCOMMERCIAL PURPOSES.—The term ‘‘noncommercial 

purposes’’ means activities undertaken by individuals or entities 

on the condition, upon receipt of unenhanced data, that— 

(A) such data shall not be used in connection with any 

bid for a commercial contract, development of a commercial 

product, or any other non-United States Government 

activity that is expected, or has the potential, to be profitmaking; 

(B) the results of such activities are disclosed in a timely 

and complete fashion in the open technical literature or 

other method of public release, except when such disclosure 

by the United States Government or its contractors would 

adversely affect the national security or foreign policy of 

the United States or violate a provision of law or regulation; 

and 
H. R. 3237—84 

(C) such data shall not be distributed in competition 

with unenhanced data provided by the Landsat 6 contractor. 

(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Commerce. 

(12) UNENHANCED DATA.—The term ‘‘unenhanced data’’ 

means land remote sensing signals or imagery products that 

are unprocessed or subject only to data preprocessing. 

(13) UNITED STATES GOVERNMENT AND ITS AFFILIATED

USERS.—The term ‘‘United States Government and its affiliated 

users’’ means— 

(A) United States Government agencies; 

(B) researchers involved with the United States Global 

Change Research Program and its international counterpart programs; and 

(C) other researchers and international entities that have 

signed with the United States Government a cooperative 

agreement involving the use of Landsat data for noncommercial purposes. 

SUBCHAPTER II—LANDSAT 

§ 60111. Landsat Program Management 

(a) ESTABLISHMENT.—The Administrator and the Secretary of 

Defense shall be responsible for management of the Landsat program. Such responsibility shall be carried out by establishing an 

integrated program management structure for the Landsat system. 

(b) MANAGEMENT PLAN.—The Administrator, the Secretary of 

Defense, and any other United States Government official the President designates as responsible for part of the Landsat program 

shall establish, through a management plan, the roles, responsibilities, and funding expectations for the Landsat program of the 

appropriate United States Government agencies. The management 

plan shall— 

(1) specify that the fundamental goal of the Landsat Program 

Management is the continuity of unenhanced Landsat data 

through the acquisition and operation of a Landsat 7 satellite 

as quickly as practicable which is, at a minimum, functionally 

equivalent to the Landsat 6 satellite, with the addition of 

a tracking and data relay satellite communications capability; 

(2) include a baseline funding profile that— 

(A) is mutually acceptable to the Administration and 

the Department of Defense for the period covering the 

development and operation of Landsat 7; and 

(B) provides for total funding responsibility of the 

Administration and the Department of Defense, respectively, to be approximately equal to the funding responsibility of the other as spread across the development and 

operational life of Landsat 7; 

(3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by 

a specific sponsoring agency or agencies, in a manner agreed 

to by the Landsat Program Management, if the required 

funding exceeds the baseline funding profile required by paragraph (2), and that additional improvements will be sought 

only if the improvements will not jeopardize data continuity; 

and 
H. R. 3237—85 

(4) provide for a technology demonstration program whose 

objective shall be the demonstration of advanced land remote 

sensing technologies that may potentially yield a system which 

is less expensive to build and operate, and more responsive 

to data users, than is the current Landsat system. 

(c) RESPONSIBILITIES.—The Landsat Program Management shall 

be responsible for— 

(1) Landsat 7 procurement, launch, and operations; 

(2) ensuring that the operation of the Landsat system is 

responsive to the broad interests of the civilian, national security, commercial, and foreign users of the Landsat system; 

(3) ensuring that all unenhanced Landsat data remain 

unclassified and that, except as provided in subsections (a) 

and (b) of section 60146 of this title, no restrictions are placed 

on the availability of unenhanced data; 

(4) ensuring that land remote sensing data of high priority 

locations will be acquired by the Landsat 7 system as required 

to meet the needs of the United States Global Change Research 

Program, as established in the Global Change Research Act 

of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of 

national security users; 

(5) Landsat data responsibilities pursuant to this chapter; 

(6) oversight of Landsat contracts entered into under sections 

102 and 103 of the Land Remote Sensing Policy Act of 1992 

(Public Law 102–555, 106 Stat. 4168); 

(7) coordination of a technology demonstration program 

pursuant to section 60133 of this title; and 

(8) ensuring that copies of data acquired by the Landsat 

system are provided to the National Satellite Land Remote 

Sensing Data Archive. 

(d) AUTHORITY TO CONTRACT.—The Landsat Program Management may, subject to appropriations and only under the existing 

contract authority of the United States Government agencies that 

compose the Landsat Program Management, enter into contracts 

with the private sector for services such as satellite operations 

and data preprocessing. 

(e) LANDSAT ADVISORY PROCESS.— (1) ADVICE AND COMMENTS.—The Landsat Program Management shall seek impartial advice and comments regarding the 

status, effectiveness, and operation of the Landsat system, 

using existing advisory committees and other appropriate 

mechanisms. Such advice shall be sought from individuals who 

represent— 

(A) a broad range of perspectives on basic and applied 

science and operational needs with respect to land remote 

sensing data; 

(B) the full spectrum of users of Landsat data, including 

representatives from United States Government agencies, 

State and local government agencies, academic institutions, 

nonprofit organizations, value-added companies, the agricultural, mineral extraction, and other user industries, and 

the public; and 

(C) a broad diversity of age groups, sexes, and races. 

(2) REPORTS.—The Landsat Program Management shall prepare and submit biennially a report to Congress which— 

(A) reports the public comments received pursuant to 

paragraph (1); and 
H. R. 3237—86 

(B) includes— 

(i) a response to the public comments received pursuant to paragraph (1); 

(ii) information on the volume of use, by category, 

of data from the Landsat system; and 

(iii) any recommendations for policy or programmatic 

changes to improve the utility and operation of the 

Landsat system. 

§ 60112. Transfer of Landsat 6 program responsibilities 

The responsibilities of the Secretary with respect to Landsat 

6 shall be transferred to the Landsat Program Management, as 

agreed to between the Secretary and the Landsat Program Management, pursuant to section 60111 of this title. 

§ 60113. Data policy for Landsat 7 

(a) LANDSAT 7 DATA POLICY.—The Landsat Program Management, in consultation with other appropriate United States Government agencies, shall develop a data policy for Landsat 7 which 

should— 

(1) ensure that unenhanced data are available to all users 

at the cost of fulfilling user requests; 

(2) ensure timely and dependable delivery of unenhanced 

data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land Remote 

Sensing Data Archive; 

(3) ensure that the United States retains ownership of all 

unenhanced data generated by Landsat 7; 

(4) support the development of the commercial market for 

remote sensing data; 

(5) ensure that the provision of commercial value-added services based on remote sensing data remains exclusively the 

function of the private sector; and 

(6) to the extent possible, ensure that the data distribution 

system for Landsat 7 is compatible with the Earth Observing 

System Data and Information System. 

(b) ADDITIONAL DATA POLICY CONSIDERATIONS.—In addition, the 

data policy for Landsat 7 may provide for— 

(1) United States private sector entities to operate ground 

receiving stations in the United States for Landsat 7 data; 

(2) other means for direct access by private sector entities 

to unenhanced data from Landsat 7; and 

(3) the United States Government to charge a per image 

fee, license fee, or other such fee to entities operating ground 

receiving stations or distributing Landsat 7 data. 

SUBCHAPTER III—LICENSING OF PRIVATE REMOTE 

SENSING SPACE SYSTEMS 

§ 60121. General licensing authority 

(a) LICENSING AUTHORITY OF SECRETARY.— (1) IN GENERAL.—In consultation with other appropriate 

United States Government agencies, the Secretary is authorized 

to license private sector parties to operate private remote 

sensing space systems for such period as the Secretary may 

specify and in accordance with the provisions of this subchapter. 
H. R. 3237—87 

(2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER

PURPOSES.—In the case of a private space system that is used 

for remote sensing and other purposes, the authority of the 

Secretary under this subchapter shall be limited only to the 

remote sensing operations of such space system. 

(b) COMPLIANCE WITH LAW, REGULATIONS, INTERNATIONAL

OBLIGATIONS, AND NATIONAL SECURITY.— 

(1) IN GENERAL.—No license shall be granted by the Secretary 

unless the Secretary determines in writing that the applicant 

will comply with the requirements of this chapter, any regulations issued pursuant to this chapter, and any applicable international obligations and national security concerns of the 

United States. 

(2) LIST OF REQUIREMENTS FOR COMPLETE APPLICATION.— 

The Secretary shall publish in the Federal Register a complete 

and specific list of all information required to comprise a complete application for a license under this subchapter. An 

application shall be considered complete when the applicant 

has provided all information required by the list most recently 

published in the Federal Register before the date the application was first submitted. Unless the Secretary has, within 

30 days after receipt of an application, notified the applicant 

of information necessary to complete an application, the Secretary may not deny the application on the basis of the absence 

of any such information. 

(c) DEADLINE FOR ACTION ON APPLICATION.—The Secretary shall 

review any application and make a determination thereon within 

120 days of the receipt of such application. If final action has 

not occurred within such time, the Secretary shall inform the 

applicant of any pending issues and of actions required to resolve 

them. 

(d) IMPROPER BASIS FOR DENIAL.—The Secretary shall not deny 

such license in order to protect any existing licensee from competition. 

(e) REQUIREMENT TO PROVIDE UNENHANCED DATA.— 

(1) DESIGNATION OF DATA.—The Secretary, in consultation 

with other appropriate United States Government agencies and 

pursuant to paragraph (2), shall designate in a license issued 

pursuant to this subchapter any unenhanced data required 

to be provided by the licensee under section 60122(b)(3) of 

this title. 

(2) PRELIMINARY DETERMINATION.—The Secretary shall make 

a designation under paragraph (1) after determining that— 

(A) such data are generated by a system for which all 

or a substantial part of the development, fabrication, 

launch, or operations costs have been or will be directly 

funded by the United States Government; or 

(B) it is in the interest of the United States to require 

such data to be provided by the licensee consistent with 

section 60122(b)(3) of this title, after considering the impact 

on the licensee and the importance of promoting widespread 

access to remote sensing data from United States and 

foreign systems. 

(3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.— 

A designation made by the Secretary under paragraph (1) shall 

not be inconsistent with any contract or other arrangement 
H. R. 3237—88 

entered into between a United States Government agency and 

the licensee. 

§ 60122. Conditions for operation 

(a) LICENSE REQUIRED FOR OPERATION.—No person that is subject 

to the jurisdiction or control of the United States may, directly 

or through any subsidiary or affiliate, operate any private remote 

sensing space system without a license pursuant to section 60121 

of this title. 

(b) LICENSING REQUIREMENTS.—Any license issued pursuant to 

this subchapter shall specify that the licensee shall comply with 

all of the requirements of this chapter and shall— 

(1) operate the system in such manner as to preserve the 

national security of the United States and to observe the international obligations of the United States in accordance with 

section 60146 of this title; 

(2) make available to the government of any country 

(including the United States) unenhanced data collected by 

the system concerning the territory under the jurisdiction of 

such government as soon as such data are available and on 

reasonable terms and conditions; 

(3) make unenhanced data designated by the Secretary in 

the license pursuant to section 60121(e) of this title available 

in accordance with section 60141 of this title; 

(4) upon termination of operations under the license, make 

disposition of any satellites in space in a manner satisfactory 

to the President; 

(5) furnish the Secretary with complete orbit and data collection characteristics of the system, and inform the Secretary 

immediately of any deviation; and 

(6) notify the Secretary of any significant or substantial agreement the licensee intends to enter with a foreign nation, entity, 

or consortium involving foreign nations or entities. 

(c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON- TRACTOR.—In addition to the requirements of subsection (b), any 

license issued pursuant to this subchapter to the Landsat 6 contractor shall specify that the Landsat 6 contractor shall— 

(1) notify the Secretary of any value added activities (as 

defined by the Secretary by regulation) that will be conducted 

by the Landsat 6 contractor or by a subsidiary or affiliate; 

and 

(2) if such activities are to be conducted, provide the Secretary 

with a plan for compliance with section 60141 of this title. 

§ 60123. Administrative authority of Secretary 

(a) FUNCTIONS.—In order to carry out the responsibilities specified 

in this subchapter, the Secretary may— 

(1) grant, condition, or transfer licenses under this chapter; 

(2) seek an order of injunction or similar judicial determination from a district court of the United States with personal 

jurisdiction over the licensee to terminate, modify, or suspend 

licenses under this subchapter and to terminate licensed operations on an immediate basis, if the Secretary determines that 

the licensee has substantially failed to comply with any provisions of this chapter, with any terms, conditions, or restrictions 

of such license, or with any international obligations or national 

security concerns of the United States; 
H. R. 3237—89 

(3) provide penalties for noncompliance with the requirements 

of licenses or regulations issued under this subchapter, 

including civil penalties not to exceed $10,000 (each day of 

operation in violation of such licenses or regulations constituting a separate violation); 

(4) compromise, modify, or remit any such civil penalty; 

(5) issue subpoenas for any materials, documents, or records, 

or for the attendance and testimony of witnesses for the purpose 

of conducting a hearing under this section; 

(6) seize any object, record, or report pursuant to a warrant 

from a magistrate based on a showing of probable cause to 

believe that such object, record, or report was used, is being 

used, or is likely to be used in violation of this chapter or 

the requirements of a license or regulation issued thereunder; 

and 

(7) make investigations and inquiries and administer to or 

take from any person an oath, affirmation, or affidavit concerning any matter relating to the enforcement of this chapter. 

(b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that 

makes a timely request for review of an adverse action pursuant 

to paragraph (1), (3), (5), or (6) of subsection (a) shall be entitled 

to adjudication by the Secretary on the record after an opportunity 

for any agency hearing with respect to such adverse action. Any 

final action by the Secretary under this subsection shall be subject 

to judicial review under chapter 7 of title 5. 

§ 60124. Regulatory authority of Secretary 

The Secretary may issue regulations to carry out this subchapter. 

Such regulations shall be promulgated only after public notice and 

comment in accordance with the provisions of section 553 of title 

5. 

§ 60125. Agency activities 

(a) LICENSE APPLICATION AND ISSUANCE.—A private sector party 

may apply for a license to operate a private remote sensing space 

system which utilizes, on a space-available basis, a civilian United 

States Government satellite or vehicle as a platform for such 

system. The Secretary, pursuant to this subchapter, may license 

such system if it meets all conditions of this subchapter and— 

(1) the system operator agrees to reimburse the Government 

in a timely manner for all related costs incurred with respect 

to such utilization, including a reasonable and proportionate 

share of fixed, platform, data transmission, and launch costs; 

and 

(2) such utilization would not interfere with or otherwise 

compromise intended civilian Government missions, as determined by the agency responsible for such civilian platform. 

(b) ASSISTANCE.—The Secretary may offer assistance to private 

sector parties in finding appropriate opportunities for such utilization. 

(c) AGREEMENTS.—To the extent provided in advance by appropriation Acts, any United States Government agency may enter 

into agreements for such utilization if such agreements are consistent with such agency’s mission and statutory authority, and 

if such remote sensing space system is licensed by the Secretary 

before commencing operation. 
H. R. 3237—90 

(d) APPLICABILITY.—This section does not apply to activities carried out under subchapter IV. 

(e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall 

affect the authority of the Federal Communications Commission 

pursuant to the Communications Act of 1934 (47 U.S.C. 151 et 

seq.). 

SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 

DEMONSTRATION 

§ 60131. Continued Federal research and development 

(a) ROLES OF ADMINISTRATION AND DEPARTMENT OF DEFENSE.— 

(1) IN GENERAL.—The Administrator and the Secretary of 

Defense are directed to continue and to enhance programs 

of remote sensing research and development. 

(2) ADMINISTRATION ACTIVITIES AUTHORIZED AND ENCOURAGED.—The Administrator is authorized and encouraged to— 

(A) conduct experimental space remote sensing programs 

(including applications demonstration programs and basic 

research at universities); 

(B) develop remote sensing technologies and techniques, 

including those needed for monitoring the Earth and its 

environment; and 

(C) conduct such research and development in cooperation with other United States Government agencies and 

with public and private research entities (including private 

industry, universities, non-profit organizations, State and 

local governments, foreign governments, and international 

organizations) and to enter into arrangements (including 

joint ventures) which will foster such cooperation. 

(b) ROLES OF DEPARTMENT OF AGRICULTURE AND DEPARTMENT

OF THE INTERIOR.— (1) IN GENERAL.—In order to enhance the ability of the United 

States to manage and utilize its renewable and nonrenewable 

resources, the Secretary of Agriculture and the Secretary of 

the Interior are authorized and encouraged to conduct programs 

of research and development in the applications of remote 

sensing using funds appropriated for such purposes. 

(2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may 

include basic research at universities, demonstrations of 

applications, and cooperative activities involving other Government agencies, private sector parties, and foreign and international organizations. 

(c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States 

Government agencies are authorized and encouraged to conduct 

research and development on the use of remote sensing in the 

fulfillment of their authorized missions, using funds appropriated 

for such purposes. 

§ 60132. Availability of federally gathered unenhanced data 

(a) IN GENERAL.—All unenhanced land remote sensing data gathered and owned by the United States Government, including 

unenhanced data gathered under the technology demonstration program carried out pursuant to section 60133 of this title, shall 

be made available to users in a timely fashion. 

(b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The President shall seek to ensure that unenhanced data gathered under 
H. R. 3237—91 

the technology demonstration program carried out pursuant to section 60133 of this title shall, to the extent practicable, be made 

available on terms that would not adversely affect the commercial 

market for unenhanced data gathered by the Landsat 6 spacecraft. 

§ 60133. Technology demonstration program 

(a) ESTABLISHMENT.—As a fundamental component of a national 

land remote sensing strategy, the President shall establish, through 

appropriate United States Government agencies, a technology demonstration program. The goals of the program shall be to— 

(1) seek to launch advanced land remote sensing system 

components within 5 years after October 28, 1992; 

(2) demonstrate within such 5-year period advanced sensor 

capabilities suitable for use in the anticipated land remote 

sensing program; and 

(3) demonstrate within such 5-year period an advanced land 

remote sensing system design that could be less expensive 

to procure and operate than the Landsat system projected 

to be in operation through the year 2000, and that therefore 

holds greater potential for private sector investment and control. 

(b) EXECUTION OF PROGRAM.—In executing the technology demonstration program, the President shall seek to apply technologies 

associated with United States National Technical Means of intelligence gathering, to the extent that such technologies are appropriate for the technology demonstration and can be declassified 

for such purposes without causing adverse harm to United States 

national security interests. 

(c) BROAD APPLICATION.—To the greatest extent practicable, the 

technology demonstration program established under subsection (a) 

shall be designed to be responsive to the broad civilian, national 

security, commercial, and foreign policy needs of the United States. 

(d) PRIVATE SECTOR FUNDING.—The technology demonstration 

program under this section may be carried out in part with private 

sector funding. 

(e) LANDSAT PROGRAM MANAGEMENT COORDINATION.—The 

Landsat Program Management shall have a coordinating role in 

the technology demonstration program carried out under this section. 

§ 60134. Preference for private sector land remote sensing 

system 

(a) IN GENERAL.—If a successor land remote sensing system to 

Landsat 7 can be funded and managed by the private sector while 

still achieving the goals stated in subsection (b) without jeopardizing 

the domestic, national security, and foreign policy interests of the 

United States, preference should be given to the development of 

such a system by the private sector without competition from the 

United States Government. 

(b) GOALS.—The goals referred to in subsection (a) are— 

(1) to encourage the development, launch, and operation of 

a land remote sensing system that adequately serves the 

civilian, national security, commercial, and foreign policy 

interests of the United States; 

(2) to encourage the development, launch, and operation of 

a land remote sensing system that maintains data continuity 

with the Landsat system; and 
H. R. 3237—92 

(3) to incorporate system enhancements, including any such 

enhancements developed under the technology demonstration 

program under section 60133 of this title, which may potentially 

yield a system that is less expensive to build and operate, 

and more responsive to data users, than is the Landsat system 

otherwise projected to be in operation in the future. 

SUBCHAPTER V—GENERAL PROVISIONS 

§ 60141. Nondiscriminatory data availability 

(a) IN GENERAL.—Except as provided in subsection (b), any 

unenhanced data generated by the Landsat system or any other 

land remote sensing system funded and owned by the United States 

Government shall be made available to all users without preference, 

bias, or any other special arrangement (except on the basis of 

national security concerns pursuant to section 60146 of this title) 

regarding delivery, format, pricing, or technical considerations 

which would favor one customer or class of customers over another. 

(b) EXCEPTIONS.—Unenhanced data generated by the Landsat 

system or any other land remote sensing system funded and owned 

by the United States Government may be made available to the 

United States Government and its affiliated users at reduced prices, 

in accordance with this chapter, on the condition that such 

unenhanced data are used solely for noncommercial purposes. 

§ 60142. Archiving of data 

(a) PUBLIC INTEREST.—It is in the public interest for the United 

States Government to— 

(1) maintain an archive of land remote sensing data for 

historical, scientific, and technical purposes, including longterm global environmental monitoring; 

(2) control the content and scope of the archive; and 

(3) ensure the quality, integrity, and continuity of the archive. 

(b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consultation with the Landsat Program Management, shall provide 

for long-term storage, maintenance, and upgrading of a basic, global, 

land remote sensing data set (hereafter in this section referred 

to as the ‘‘basic data set’’) and shall follow reasonable archival 

practices to ensure proper storage and preservation of the basic 

data set and timely access for parties requesting data. 

(c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In determining the initial content of, or in upgrading, the basic data set, 

the Secretary of the Interior shall— 

(1) use as a baseline the data archived on October 28, 1992; 

(2) take into account future technical and scientific developments and needs, paying particular attention to the anticipated 

data requirements of global environmental change research; 

(3) consult with and seek the advice of users and producers 

of remote sensing data and data products; 

(4) consider the need for data which may be duplicative 

in terms of geographical coverage but which differ in terms 

of season, spectral bands, resolution, or other relevant factors; 

(5) include, as the Secretary of the Interior considers appropriate, unenhanced data generated either by the Landsat 

system, pursuant to subchapter II, or by licensees under subchapter III; 
H. R. 3237—93 

(6) include, as the Secretary of the Interior considers appropriate, data collected by foreign ground stations or by foreign 

remote sensing space systems; and 

(7) ensure that the content of the archive is developed in 

accordance with section 60146 of this title. 

(d) PUBLIC DOMAIN.—After the expiration of any exclusive right 

to sell, or after relinquishment of such right, the data provided 

to the National Satellite Land Remote Sensing Data Archive shall 

be in the public domain and shall be made available to requesting 

parties by the Secretary of the Interior at the cost of fulfilling 

user requests. 

§ 60143. Nonreproduction 

Unenhanced data distributed by any licensee under subchapter 

III may be sold on the condition that such data will not be 

reproduced or disseminated by the purchaser for commercial purposes. 

§ 60144. Reimbursement for assistance 

The Administrator, the Secretary of Defense, and the heads of 

other United States Government agencies may provide assistance 

to land remote sensing system operators under the provisions of 

this chapter. Substantial assistance shall be reimbursed by the 

operator, except as otherwise provided by law. 

§ 60145. Acquisition of equipment 

The Landsat Program Management may, by means of a competitive process, allow a licensee under subchapter III or any other 

private party to buy, lease, or otherwise acquire the use of equipment from the Landsat system, when such equipment is no longer 

needed for the operation of such system or for the sale of data 

from such system. Officials of other United States Government 

civilian agencies are authorized and encouraged to cooperate with 

the Secretary in carrying out this section. 

§ 60146. Radio frequency allocation 

(a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.— 

To the extent required by the Communications Act of 1934 (47 

U.S.C. 151 et seq.), an application shall be filed with the Federal 

Communications Commission for any radio facilities involved with 

commercial remote sensing space systems licensed under subchapter 

III. 

(b) DEADLINE FOR FCC ACTION.—It is the intent of Congress 

that the Federal Communications Commission complete the radio 

licensing process under the Communications Act of 1934 (47 U.S.C. 

151 et seq.), upon the application of any private sector party or 

consortium operator of any commercial land remote sensing space 

system subject to this chapter, within 120 days of the receipt 

of an application for such licensing. If final action has not occurred 

within 120 days of the receipt of such an application, the Federal 

Communications Commission shall inform the applicant of any 

pending issues and of actions required to resolve them. 

(c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYS- TEMS.—Authority shall not be required from the Federal Communications Commission for the development and construction of any 

United States land remote sensing space system (or component 
H. R. 3237—94 

thereof), other than radio transmitting facilities or components, 

while any licensing determination is being made. 

(d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC

INTEREST.—Frequency allocations made pursuant to this section 

by the Federal Communications Commission shall be consistent 

with international obligations and with the public interest. 

§ 60147. Consultation 

(a) CONSULTATION WITH SECRETARY OF DEFENSE.—The Secretary 

and the Landsat Program Management shall consult with the Secretary of Defense on all matters under this chapter affecting 

national security. The Secretary of Defense shall be responsible 

for determining those conditions, consistent with this chapter, necessary to meet national security concerns of the United States 

and for notifying the Secretary and the Landsat Program Management promptly of such conditions. 

(b) CONSULTATION WITH SECRETARY OF STATE.— 

(1) IN GENERAL.—The Secretary and the Landsat Program 

Management shall consult with the Secretary of State on all 

matters under this chapter affecting international obligations. 

The Secretary of State shall be responsible for determining 

those conditions, consistent with this chapter, necessary to 

meet international obligations and policies of the United States 

and for notifying promptly the Secretary and the Landsat Program Management of such conditions. 

(2) INTERNATIONAL AID.—Appropriate United States Government agencies are authorized and encouraged to provide remote 

sensing data, technology, and training to developing nations 

as a component of programs of international aid. 

(3) REPORTING DISCRIMINATORY DISTRIBUTION.—The Secretary 

of State shall promptly report to the Secretary and Landsat 

Program Management any instances outside the United States 

of discriminatory distribution of Landsat data. 

(c) STATUS REPORT.—The Landsat Program Management shall, 

as often as necessary, provide to Congress complete and updated 

information about the status of ongoing operations of the Landsat 

system, including timely notification of decisions made with respect 

to the Landsat system in order to meet national security concerns 

and international obligations and policies of the United States 

Government. 

(d) REIMBURSEMENTS.—If, as a result of technical modifications 

imposed on a licensee under subchapter III on the basis of national 

security concerns, the Secretary, in consultation with the Secretary 

of Defense or with other Federal agencies, determines that additional costs will be incurred by the licensee, or that past development costs (including the cost of capital) will not be recovered 

by the licensee, the Secretary may require the agency or agencies 

requesting such technical modifications to reimburse the licensee 

for such additional or development costs, but not for anticipated 

profits. Reimbursements may cover costs associated with required 

changes in system performance, but not costs ordinarily associated 

with doing business abroad. 

§ 60148. Enforcement 

(a) IN GENERAL.—In order to ensure that unenhanced data from 

the Landsat system received solely for noncommercial purposes 

are not used for any commercial purpose, the Secretary (in 
H. R. 3237—95 

collaboration with private sector entities responsible for the marketing and distribution of unenhanced data generated by the 

Landsat system) shall develop and implement a system for enforcing 

this prohibition, in the event that unenhanced data from the 

Landsat system are made available for noncommercial purposes 

at a different price than such data are made available for other 

purposes. 

(b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the 

Secretary may impose any of the enforcement mechanisms described 

in subsection (c) against a person that— 

(1) receives unenhanced data from the Landsat system under 

this chapter solely for noncommercial purposes (and at a different price than the price at which such data are made available for other purposes); and 

(2) uses such data for other than noncommercial purposes. 

(c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms 

referred to in subsection (b) may include civil penalties of not 

more than $10,000 (per day per violation), denial of further 

unenhanced data purchasing privileges, and any other penalties 

or restrictions the Secretary considers necessary to ensure, to the 

greatest extent practicable, that unenhanced data provided for noncommercial purposes are not used to unfairly compete in the 

commercial market against private sector entities not eligible for 

data at the cost of fulfilling user requests. 

(d) PROCEDURES AND REGULATIONS.—The Secretary shall issue 

any regulations necessary to carry out this section and shall establish standards and procedures governing the imposition of enforcement mechanisms under subsection (b). The standards and procedures shall include a procedure for potentially aggrieved parties 

to file formal protests with the Secretary alleging instances where 

such unenhanced data have been, or are being, used for commercial 

purposes in violation of the terms of receipt of such data. The 

Secretary shall promptly act to investigate any such protest, and 

shall report annually to Congress on instances of such violations. 

SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION 

OF WEATHER SATELLITES 

§ 60161. Prohibition 

Neither the President nor any other official of the Government 

shall make any effort to lease, sell, or transfer to the private 

sector, or commercialize, any portion of the weather satellite systems operated by the Department of Commerce or any successor 

agency. 

§ 60162. Future considerations 

Regardless of any change in circumstances subsequent to October 

28, 1992, even if such change makes it appear to be in the national 

interest to commercialize weather satellites, neither the President 

nor any official shall take any action prohibited by section 60161 

of this title unless this subchapter has first been repealed. 

CHAPTER 603—REMOTE SENSING 

Sec. 

60301. Definitions. 

60302. General responsibilities. 
H. R. 3237—96 

60303. Pilot projects to encourage public sector applications. 

60304. Program evaluation. 

60305. Data availability. 

60306. Education. 

§ 60301. Definitions 

In this chapter: 

(1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial information’’ means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis 

of data from airborne or spaceborne platforms or other types 

and sources of data. 

(2) HIGH RESOLUTION.—The term ‘‘high resolution’’ means 

resolution better than five meters. 

(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term 

in section 101(a) of the Higher Education Act of 1965 (20 

U.S.C. 1001(a)). 

§ 60302. General responsibilities 

The Administrator shall— 

(1) develop a sustained relationship with the United States 

commercial remote sensing industry and, consistent with 

applicable policies and law, to the maximum practicable, rely 

on their services; and 

(2) in conjunction with United States industry and universities, research, develop, and demonstrate prototype Earth 

science applications to enhance Federal, State, local, and tribal 

governments’ use of government and commercial remote sensing 

data, technologies, and other sources of geospatial information 

for improved decision support to address their needs. 

§ 60303. Pilot projects to encourage public sector applications 

(a) IN GENERAL.—The Administrator shall establish a program 

of grants for competitively awarded pilot projects to explore the 

integrated use of sources of remote sensing and other geospatial 

information to address State, local, regional, and tribal agency 

needs. 

(b) PREFERRED PROJECTS.—In awarding grants under this section, 

the Administrator shall give preference to projects that— 

(1) make use of commercial data sets, including high resolution commercial satellite imagery and derived satellite data 

products, existing public data sets where commercial data sets 

are not available or applicable, or the fusion of such data 

sets; 

(2) integrate multiple sources of geospatial information, such 

as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; 

(3) include funds or in-kind contributions from non-Federal 

sources; 

(4) involve the participation of commercial entities that 

process raw or lightly processed data, often merging that data 

with other geospatial information, to create data products that 

have significant value added to the original data; and 

(5) taken together demonstrate as diverse a set of public 

sector applications as possible. 
H. R. 3237—97 

(c) OPPORTUNITIES.—In carrying out this section, the Administrator shall seek opportunities to assist— 

(1) in the development of commercial applications potentially 

available from the remote sensing industry; and 

(2) State, local, regional, and tribal agencies in applying 

remote sensing and other geospatial information technologies 

for growth management. 

(d) DURATION.—Assistance for a pilot project under subsection 

(a) shall be provided for a period not to exceed 3 years. 

(e) REPORT.—Each recipient of a grant under subsection (a) shall 

transmit a report to the Administrator on the results of the pilot 

project within 180 days of the completion of that project. 

(f) WORKSHOP.—Each recipient of a grant under subsection (a) 

shall, not later than 180 days after the completion of the pilot 

project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. 

(g) REGULATIONS.—The Administrator shall issue regulations 

establishing application, selection, and implementation procedures 

for pilot projects, and guidelines for reports and workshops required 

by this section. 

§ 60304. Program evaluation 

(a) ADVISORY COMMITTEE.—The Administrator shall establish an 

advisory committee, consisting of individuals with appropriate 

expertise in State, local, regional, and tribal agencies, the university 

research community, and the remote sensing and other geospatial 

information industries, to monitor the program established under 

section 60303 of this title. The advisory committee shall consult 

with the Federal Geographic Data Committee and other appropriate 

industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act (5 App. U.S.C.), 

the advisory committee established under this subsection shall 

remain in effect until the termination of the program under section 

60303 of this title. 

(b) EFFECTIVENESS EVALUATION.—Not later than December 31, 

2009, the Administrator shall transmit to Congress an evaluation 

of the effectiveness of the program established under section 60303 

of this title in exploring and promoting the integrated use of sources 

of remote sensing and other geospatial information to address State, 

local, regional, and tribal agency needs. Such evaluation shall have 

been conducted by an independent entity. 

§ 60305. Data availability 

The Administrator shall ensure that the results of each of the 

pilot projects completed under section 60303 of this title shall 

be retrievable through an electronic, internet-accessible database. 

§ 60306. Education 

The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education 

and State, local, regional, and tribal agencies of the potential 

applications of remote sensing and other geospatial information 

and awareness of the need for geospatial workforce development. 
H. R. 3237—98 

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. 

§ 60501. Goal 

The goal for the Administration’s Earth Science program shall 

be to pursue a program of Earth observations, research, and applications activities to better understand the Earth, how it supports 

life, and how human activities affect its ability to do so in the 

future. In pursuit of this goal, the Administration’s Earth Science 

program shall ensure that securing practical benefits for society 

will be an important measure of its success in addition to securing 

new knowledge about the Earth system and climate change. In 

further pursuit of this goal, the Administration shall, together 

with the National Oceanic and Atmospheric Administration and 

other relevant agencies, provide United States leadership in developing and carrying out a cooperative international Earth observations-based research program. 

§ 60502. Transitioning experimental research into operational services 

(a) INTERAGENCY PROCESS.—The Director of the Office of Science 

and Technology Policy, in consultation with the Administrator, the 

Administrator of the National Oceanic and Atmospheric Administration, and other relevant stakeholders, shall develop a process to 

transition, when appropriate, Administration Earth science and 

space weather missions or sensors into operational status. The 

process shall include coordination of annual agency budget requests 

as required to execute the transitions. 

(b) RESPONSIBLE AGENCY OFFICIAL.—The Administrator and the 

Administrator of the National Oceanic and Atmospheric Administration shall each designate an agency official who shall have the 

responsibility for and authority to lead the Administration’s and 

the National Oceanic and Atmospheric Administration’s transition 

activities and interagency coordination. 

(c) PLAN.—For each mission or sensor that is determined to 

be appropriate for transition under subsection (a), the Administration and the National Oceanic and Atmospheric Administration 

shall transmit to Congress a joint plan for conducting the transition. 

The plan shall include the strategy, milestones, and budget required 

to execute the transition. The transition plan shall be transmitted 

to Congress no later than 60 days after the successful completion 

of the mission or sensor critical design review. 

§ 60503. Reauthorization of Glory Mission 

Congress reauthorizes the Administration to continue with 

development of the Glory Mission, which will examine how aerosols 

and solar energy affect the Earth’s climate. 

§ 60504. Tornadoes and other severe storms 

The Administrator shall ensure that the Administration gives 

high priority to those parts of its existing cooperative activities 

with the National Oceanic and Atmospheric Administration that 
H. R. 3237—99 

are related to the study of tornadoes and other severe storms, 

tornado-force winds, and other factors determined to influence the 

development of tornadoes and other severe storms, with the goal 

of improving the Nation’s ability to predict tornados and other 

severe storms. Further, the Administrator shall examine whether 

there are additional cooperative activities with the National Oceanic 

and Atmospheric Administration that should be undertaken in the 

area of tornado and severe storm research. 

§ 60505. Coordination with the National Oceanic and 

Atmospheric Administration 

(a) JOINT WORKING GROUP.—The Administrator and the Administrator of the National Oceanic and Atmospheric Administration 

shall appoint a Joint Working Group, which shall review and monitor missions of the two agencies to ensure maximum coordination 

in the design, operation, and transition of missions where appropriate. The Joint Working Group shall also prepare the plans 

required by subsection (c). 

(b) COORDINATION REPORT.—Not later than February 15 of each 

year, the Administrator and the Administrator of the National 

Oceanic and Atmospheric Administration shall jointly transmit a 

report to the Committee on Science and Technology of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on how the Earth science programs 

of the Administration and the National Oceanic and Atmospheric 

Administration will be coordinated during the fiscal year following 

the fiscal year in which the report is transmitted. 

(c) COORDINATION OF TRANSITION PLANNING AND REPORTING.— 

The Administrator, in conjunction with the Administrator of the 

National Oceanic and Atmospheric Administration and in consultation with other relevant agencies, shall evaluate relevant Administration science missions for their potential operational capabilities 

and shall prepare transition plans for the existing and future Earth 

observing systems found to have potential operational capabilities. 

(d) LIMITATION.—The Administrator shall not transfer any 

Administration Earth science mission or Earth observing system 

to the National Oceanic and Atmospheric Administration until the 

plan required under subsection (c) has been approved by the 

Administrator and the Administrator of the National Oceanic and 

Atmospheric Administration and until financial resources have been 

identified to support the transition or transfer in the President’s 

budget request for the National Oceanic and Atmospheric Administration. 

§ 60506. Sharing of climate related data 

The Administrator shall work to ensure that the Administration’s 

policies on the sharing of climate related data respond to the 

recommendations of the Government Accountability Office’s report 

on climate change research and data-sharing policies and to the 

recommendations on the processing, distribution, and archiving of 

data by the National Academies Earth Science Decadal Survey, 

‘‘Earth Science and Applications from Space’’, and other relevant 

National Academies reports, to enhance and facilitate their availability and widest possible use to ensure public access to accurate 

and current data on global warming. 
H. R. 3237—100 

Subtitle VII—Access to Space 

CHAPTER 701—USE OF SPACE SHUTTLE OR 

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. 

§ 70101. Recovery of fair value of placing Department of 

Defense payloads in orbit with space shuttle 

Notwithstanding any other provision of law, or any interagency 

agreement, the Administrator shall charge such prices as are necessary to recover the fair value of placing Department of Defense 

payloads into orbit by means of the space shuttle. 

§ 70102. Space shuttle use policy 

(a) USE POLICY.— 

(1) IN GENERAL.— 

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

to use the space shuttle— 

(i) for purposes that require a human presence; 

(ii) for purposes that require the unique capabilities 

of the space shuttle; or 

(iii) when other compelling circumstances exist. 

(B) DEFINITION OF COMPELLING CIRCUMSTANCES.—In this 

paragraph, the term ‘‘compelling circumstances’’ includes, 

but is not limited to, occasions when the Administrator 

determines, in consultation with the Secretary of Defense 

and the Secretary of State, that important national security 

or foreign policy interests would be served by a shuttle 

launch. 

(2) USING AVAILABLE CARGO SPACE FOR SECONDARY PAY- LOADS.—The policy stated in paragraph (1) shall not preclude 

the use of available cargo space, on a space shuttle mission 

otherwise consistent with the policy described in paragraph 

(1), for the purpose of carrying secondary payloads (as defined 

by the Administrator) that do not require a human presence 

if such payloads are consistent with the requirements of 

research, development, demonstration, scientific, commercial, 

and educational programs authorized by the Administrator. 

(b) ANNUAL REPORT.—At least annually, the Administrator shall 

submit to Congress a report certifying that the payloads scheduled 

to be launched on the space shuttle for the next 4 years are 

consistent with the policy set forth in subsection (a)(1). For each 

payload scheduled to be launched from the space shuttle that does 

not require a human presence, the Administrator shall, in the 

certified report to Congress, state the specific circumstances that 

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

scheduled reports to Congress, any additions are made to the list 

of certified payloads intended to be launched from the shuttle, 

the Administrator shall inform Congress of the additions and the 

reasons therefor within 45 days of the change. 

(c) ADMINISTRATION PAYLOADS.—The report described in subsection (b) shall also include those Administration payloads 
H. R. 3237—101 

designed solely to fly on the space shuttle which have begun the 

phase C/D of its development cycle. 

§ 70103. Commercial payloads on space shuttle 

(a) DEFINITIONS.—In this section: 

(1) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any 

vehicle constructed for the purpose of operating in, or placing 

a payload in, outer space. 

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

a person undertakes to place in outer space by means of a 

launch vehicle, and includes subcomponents of the launch 

vehicle specifically designed or adapted for that object. 

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

launch as primary payloads on the space shuttle unless the 

Administrator determines that— 

(1) the payload requires the unique capabilities of the space 

shuttle; or 

(2) launching of the payload on the space shuttle is important 

for either national security or foreign policy purposes. 

CHAPTER 703—SHUTTLE PRICING POLICY FOR 

COMMERCIAL AND FOREIGN USERS 

Sec. 

70301. Congressional findings and declarations. 

70302. Purpose, policy, and goals. 

70303. Definition of additive cost. 

70304. Duties of Administrator. 

§ 70301. Congressional findings and declarations 

Congress finds and declares that— 

(1) the Space Transportation System is a vital element of 

the United States space program, contributing to the United 

States leadership in space research, technology, and development; 

(2) the Space Transportation System is the primary space 

launch system for both United States national security and 

civil government missions; 

(3) the Space Transportation System contributes to the expansion of United States private sector investment and involvement 

in space and therefore should serve commercial users; 

(4) the availability of the Space Transportation System to 

foreign users for peaceful purposes is an important means 

of promoting international cooperative activities in the national 

interest and in maintaining access to space for activities which 

enhance the security and welfare of humankind; 

(5) the United States is committed to maintaining world 

leadership in space transportation; 

(6) making the Space Transportation System fully operational 

and cost effective in providing routine access to space will 

maximize the national economic benefits of the system; and 

(7) national goals and the objectives for the Space Transportation System can be furthered by a stable and fair pricing 

policy for the Space Transportation System. 
H. R. 3237—102 

§ 70302. Purpose, policy, and goals 

The purpose of this chapter is to set, for commercial and foreign 

users, the reimbursement pricing policy for the Space Transportation System that is consistent with the findings included in section 

70301 of this title, encourages the full and effective use of space, 

and is designed to achieve the following goals: 

(1) The preservation of the role of the United States as 

a leader in space research, technology, and development. 

(2) The efficient and cost effective use of the Space Transportation System. 

(3) The achievement of greatly increased commercial space 

activity. 

(4) The enhancement of the international competitive position 

of the United States. 

§ 70303. Definition of additive cost 

In this chapter, the term ‘‘additive cost’’ means the average direct 

and indirect costs to the Administration of providing additional 

flights of the Space Transportation System beyond the costs associated with those flights necessary to meet the space transportation 

needs of the United States Government. 

§ 70304. Duties of Administrator 

(a) ESTABLISHMENT AND IMPLEMENTATION OF REIMBURSEMENT

RECOVERY SYSTEM.—The Administrator shall establish and implement a pricing system to recover reimbursement in accordance 

with the pricing policy under section 70302 of this title from each 

commercial or foreign user of the Space Transportation System, 

which, except as provided in subsections (c), (d), and (e), shall 

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

of the Space Transportation System in 1982 dollars. 

(b) REPORTS TO CONGRESS.—Each year the Administrator shall 

submit to the President of the Senate, the Speaker of the House 

of Representatives, the Committee on Commerce, Science, and 

Transportation of the Senate, and the Committee on Science and 

Technology of the House of Representatives a report, transmitted 

contemporaneously with the annual budget request of the President, 

which shall inform Congress how the policy goals contained in 

section 70302 of this title are being furthered by the shuttle price 

for foreign and commercial users. 

(c) REDUCTION OF BASE PRICE.— 

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

finds that the policy goals contained in section 70302 of this 

title are not being achieved, the Administrator shall have 

authority to reduce the base price established in subsection 

(a) after 45 days following receipt by the President of the 

Senate, the Speaker of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, 

and the Committee on Science and Technology of the House 

of Representatives of a notice by the Administrator containing 

a description of the proposed reduction together with a full 

and complete statement of the facts and circumstances which 

necessitate such proposed reduction. 

(2) MINIMUM PRICE.—In no case shall the minimum price 

established under paragraph (1) be less than additive cost. 

(d) LOW OR NO-COST FLIGHTS.—The Administrator may set a 

price lower than the price determined under subsection (a) or (c), 
H. R. 3237—103 

or provide no-cost flights, for any commercial or foreign user of 

the Space Transportation System that is involved in research, 

development, or demonstration programs with the Administration. 

(e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of 

subsection (a), the Administrator shall have the authority to offer 

reasonable customer incentives consistent with the policy goals 

in section 70302 of this title. 

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. 

§ 70501. Space shuttle follow-on 

(a) POLICY STATEMENT.—It is the policy of the United States 

to possess the capability for human access to space on a continuous 

basis. 

(b) ANNUAL REPORT.—The Administrator shall transmit an 

annual report to the Committee on Science and Technology of 

the House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate describing the progress 

being made toward developing the Crew Exploration Vehicle and 

the Crew Launch Vehicle and the estimated time before they will 

demonstrate crewed, orbital spaceflight. 

§ 70502. Exploration plan and programs 

The Administrator shall— 

(1) construct an architecture and implementation plan for 

the Administration’s human exploration program that is not 

critically dependent on the achievement of milestones by fixed 

dates; 

(2) implement an exploration technology development program to enable lunar human and robotic operations consistent 

with section 20302(b) of this title, including surface power 

to use on the Moon and other locations; 

(3) conduct an in-situ resource utilization technology program 

to develop the capability to use space resources to increase 

independence from Earth, and sustain exploration beyond lowEarth orbit; and 

(4) pursue aggressively automated rendezvous and docking 

capabilities that can support the International Space Station 

and other mission requirements. 

§ 70503. Ground-based analog capabilities 

(a) IN GENERAL.—The Administrator may establish a groundbased analog capability in remote United States locations in order 

to assist in the development of lunar operations, life support, and 

in-situ resource utilization experience and capabilities. 

(b) ENVIRONMENTAL CHARACTERISTICS.—The Administrator shall 

select locations for the activities described in subsection (a) that— 

(1) are regularly accessible; 
H. R. 3237—104 

(2) have significant temperature extremes and range; and 

(3) have access to energy and natural resources (including 

geothermal, permafrost, volcanic, or other potential resources). 

(c) INVOLVEMENT OF LOCAL POPULATIONS AND PRIVATE SECTOR

PARTNERS.—In carrying out this section, the Administrator shall 

involve local populations, academia, and industrial partners as 

much as possible to ensure that ground-based benefits and applications are encouraged and developed. 

§ 70504. Stepping stone approach to exploration 

In order to maximize the cost-effectiveness of the long-term exploration and utilization activities of the United States, the Administrator shall take all necessary steps, including engaging international partners, to ensure that activities in its lunar exploration 

program shall be designed and implemented in a manner that 

gives strong consideration to how those activities might also help 

meet the requirements of future exploration and utilization activities beyond the Moon. The timetable of the lunar phase of the 

long-term international exploration initiative shall be determined 

by the availability of funding. However, once an exploration-related 

project enters its development phase, the Administrator shall seek, 

to the maximum extent practicable, to complete that project without 

undue delays. 

§ 70505. Lunar outpost 

(a) ESTABLISHMENT.—As the Administration works toward the 

establishment of a lunar outpost, the Administration shall make 

no plans that would require a lunar outpost to be occupied to 

maintain its viability. Any such outpost shall be operable as a 

human-tended facility capable of remote or autonomous operation 

for extended periods. 

(b) DESIGNATION.—The United States portion of the first humantended outpost established on the surface of the Moon shall be 

designated the ‘‘Neil A. Armstrong Lunar Outpost’’. 

§ 70506. Exploration technology research 

The Administrator shall carry out a program of long-term exploration-related technology research and development, including such 

things as in-space propulsion, power systems, life support, and 

advanced avionics, that is not tied to specific flight projects. The 

program shall have the funding goal of ensuring that the technology 

research and development can be completed in a timely manner 

in order to support the safe, successful, and sustainable exploration 

of the solar system. In addition, in order to ensure that the broadest 

range of innovative concepts and technologies are captured, the 

long-term technology program shall have the goal of having a significant portion of its funding available for external grants and contracts with universities, research institutions, and industry. 

§ 70507. Technology development 

The Administrator shall establish an intra-Directorate long-term 

technology development program for space and Earth science within 

the Science Mission Directorate for the development of new technology. The program shall be independent of the flight projects 

under development. The Administration shall have a goal of funding 

the intra-Directorate technology development program at a level 

of 5 percent of the total Science Mission Directorate annual budget. 
H. R. 3237—105 

The program shall be structured to include competitively awarded 

grants and contracts. 

§ 70508. Robotic or human servicing of spacecraft 

The Administrator shall take all necessary steps to ensure that 

provision is made in the design and construction of all future 

observatory-class scientific spacecraft intended to be deployed in 

Earth orbit or at a Lagrangian point in space for robotic or human 

servicing and repair to the extent practicable and appropriate. 

CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT 

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. 

§ 70701. Definitions 

In this chapter: 

(1) COMMISSION.—The term ‘‘Commission’’ means a Commission established under this chapter. 

(2) INCIDENT.—The term ‘‘incident’’ means either an accident 

or a deliberate act. 

§ 70702. Establishment of Commission 

(a) ESTABLISHMENT.—The President shall establish an independent, nonpartisan Commission within the executive branch to 

investigate any incident that results in the loss of— 

(1) a space shuttle; 

(2) the International Space Station or its operational viability; 

(3) any other United States space vehicle carrying humans 

that is owned by the Federal Government or that is being 

used pursuant to a contract with the Federal Government; 

or 

(4) a crew member or passenger of any space vehicle described 

in this subsection. 

(b) DEADLINE FOR ESTABLISHMENT.—The President shall establish 

a Commission within 7 days after an incident specified in subsection 

(a). 

§ 70703. Tasks of Commission 

A Commission established pursuant to this chapter shall, to the 

extent possible, undertake the following tasks: 

(1) INVESTIGATION.—Investigate the incident. 

(2) CAUSE.—Determine the cause of the incident. 

(3) CONTRIBUTING FACTORS.—Identify all contributing factors 

to the cause of the incident. 

(4) RECOMMENDATIONS.—Make recommendations for corrective actions. 

(5) ADDITIONAL FINDINGS OR RECOMMENDATIONS.—Provide 

any additional findings or recommendations deemed by the 
H. R. 3237—106 

Commission to be important, whether or not they are related 

to the specific incident under investigation. 

(6) REPORT.—Prepare a report to Congress, the President, 

and the public. 

§ 70704. Composition of Commission 

(a) NUMBER OF COMMISSIONERS.—A Commission established 

pursuant to this chapter shall consist of 15 members. 

(b) SELECTION.—The members of a Commission shall be chosen 

in the following manner: 

(1) APPOINTMENT BY PRESIDENT.—The President shall appoint 

the members, and shall designate the Chairman and Vice 

Chairman of the Commission from among its members. 

(2) LISTS PROVIDED BY LEADERS OF CONGRESS.—The majority 

leader of the Senate, the minority leader of the Senate, the 

Speaker of the House of Representatives, and the minority 

leader of the House of Representatives shall each provide to 

the President a list of candidates for membership on the 

Commission. The President may select one of the candidates 

from each of the 4 lists for membership on the Commission. 

(3) PROHIBITION REGARDING FEDERAL OFFICERS AND

EMPLOYEES AND MEMBERS OF CONGRESS.—No officer or 

employee of the Federal Government or Member of Congress 

shall serve as a member of the Commission. 

(4) PROHIBITION REGARDING CONTRACTORS.—No member of 

the Commission shall have, or have pending, a contractual 

relationship with the Administration. 

(5) PROHIBITION REGARDING CONFLICT OF INTEREST.—The 

President shall not appoint any individual as a member of 

a Commission under this section who has a current or former 

relationship with the Administrator that the President determines would constitute a conflict of interest. 

(6) EXPERIENCE.—To the extent practicable, the President 

shall ensure that the members of the Commission include some 

individuals with experience relative to human carrying spacecraft, as well as some individuals with investigative experience 

and some individuals with legal experience. 

(7) DIVERSITY.—To the extent practicable, the President shall 

seek diversity in the membership of the Commission. 

(c) DEADLINE FOR APPOINTMENT.—All members of a Commission 

established under this chapter shall be appointed no later than 

30 days after the incident. 

(d) INITIAL MEETING.—A Commission shall meet and begin operations as soon as practicable. 

(e) SUBSEQUENT MEETINGS.—After its initial meeting, a Commission shall meet upon the call of the Chairman or a majority of 

its members. 

(f) QUORUM.—Eight members of a Commission shall constitute 

a quorum. 

(g) VACANCIES.—Any vacancy in a Commission shall not affect 

its powers, but shall be filled in the same manner in which the 

original appointment was made. 

§ 70705. Powers of Commission 

(a) HEARINGS AND EVIDENCE.—A Commission or, on the authority 

of the Commission, any subcommittee or member thereof, may, 

for the purpose of carrying out this chapter— 
H. R. 3237—107 

(1) hold such hearings and sit and act at such times and 

places, take such testimony, receive such evidence, administer 

such oaths; and 

(2) require, by subpoena or otherwise, the attendance and 

testimony of such witnesses and the production of such books, 

records, correspondence, memoranda, papers, and documents, 

as the Commission or such designated subcommittee or member 

may determine advisable. 

(b) CONTRACTING.—A Commission may, to such extent and in 

such amounts as are provided in appropriation Acts, enter into 

contracts to enable the Commission to discharge its duties under 

this chapter. 

(c) INFORMATION FROM FEDERAL AGENCIES.— 

(1) IN GENERAL.—A Commission may secure directly from 

any executive department, bureau, agency, board, commission, 

office, independent establishment, or instrumentality of the 

Government, information, suggestions, estimates, and statistics 

for the purposes of this chapter. Each department, bureau, 

agency, board, commission, office, independent establishment, 

or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics 

directly to the Commission, upon request made by the Chairman, the chairman of any subcommittee created by a majority 

of the Commission, or any member designated by a majority 

of the Commission. 

(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.— 

Information shall only be received, handled, stored, and 

disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive 

orders. 

(d) ASSISTANCE FROM FEDERAL AGENCIES.— (1) GENERAL SERVICES ADMINISTRATION.—The Administrator 

of General Services shall provide to a Commission on a 

reimbursable basis administrative support and other services 

for the performance of the Commission’s tasks. 

(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the 

assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such 

services, funds, facilities, staff, and other support services as 

they may determine advisable and as may be authorized by 

law. 

(3) ADMINISTRATION ENGINEERING AND SAFETY CENTER.—The 

Administration Engineering and Safety Center shall provide 

data and technical support as requested by the Commission. 

§ 70706. Public meetings, information, and hearings 

(a) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF

REPORTS.—A Commission shall— 

(1) hold public hearings and meetings to the extent appropriate; and 

(2) release public versions of the reports required under this 

chapter. 

(b) PUBLIC HEARINGS.—Any public hearings of a Commission 

shall be conducted in a manner consistent with the protection 

of information provided to or developed for or by the Commission 

as required by any applicable statute, regulation, or Executive 

order. 
H. R. 3237—108 

§ 70707. Staff of Commission 

(a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation with the Vice Chairman, in accordance with rules agreed 

upon by a Commission, may appoint and fix the compensation 

of a staff director and such other personnel as may be necessary 

to enable the Commission to carry out its functions. 

(b) DETAILEES.—Any Federal Government employee, except for 

an employee of the Administration, may be detailed to a Commission 

without reimbursement from the Commission, and such detailee 

shall retain the rights, status, and privileges of his or her regular 

employment without interruption. 

(c) CONSULTANT SERVICES.—A Commission may procure the services of experts and consultants in accordance with section 3109 

of title 5, but at rates not to exceed the daily equivalent of the 

annual rate of basic pay in effect for positions at level IV of 

the Executive Schedule under section 5315 of title 5. An expert 

or consultant whose services are procured under this subsection 

shall disclose any contract or association the expert or consultant 

has with the Administration or any Administration contractor. 

§ 70708. Compensation and travel expenses 

(a) COMPENSATION.—Each member of a Commission may be compensated at a rate not to exceed the daily equivalent of the annual 

rate of basic pay in effect for positions at level IV of the Executive 

Schedule under section 5315 of title 5 for each day during which 

that member is engaged in the actual performance of the duties 

of the Commission. 

(b) TRAVEL EXPENSES.—While away from their homes or regular 

places of business in the performance of services for the Commission, members of a Commission shall be allowed travel expenses, 

including per diem in lieu of subsistence, in the same manner 

as persons employed intermittently in the Government service are 

allowed expenses under section 5703 of title 5. 

§ 70709. Security clearances for Commission members and 

staff 

The appropriate Federal agencies or departments shall cooperate 

with a Commission in expeditiously providing to the Commission 

members and staff appropriate security clearances to the extent 

possible pursuant to existing procedures and requirements. No person shall be provided with access to classified information under 

this chapter without the appropriate security clearances. 
H. R. 3237—109 

§ 70710. Reporting requirements and termination 

(a) INTERIM REPORTS.—A Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective actions as have been 

agreed to by a majority of Commission members. 

(b) FINAL REPORT.—A Commission shall submit to the President 

and Congress, and make concurrently available to the public, a 

final report containing such findings, conclusions, and recommendations for corrective actions as have been agreed to by a majority 

of Commission members. Such report shall include any minority 

views or opinions not reflected in the majority report. 

(c) TERMINATION.— (1) IN GENERAL.—A Commission, and all the authorities of 

this chapter with respect to that Commission, shall terminate 

60 days after the date on which the final report is submitted 

under subsection (b). 

(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—A 

Commission may use the 60-day period referred to in paragraph 

(1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its 

reports and disseminating the final report. 

CHAPTER 709—INTERNATIONAL SPACE STATION 

Sec. 

70901. Peaceful uses of space station. 

70902. Allocation of International Space Station research budget. 

70903. International Space Station research. 

70904. International Space Station completion. 

70905. National laboratory designation. 

70906. International Space Station National Laboratory Advisory Committee. 

70907. Maintaining use through at least 2020. 

§ 70901. Peaceful uses of space station 

No civil space station authorized under section 103(a)(1) of the 

National Aeronautics and Space Administration Authorization Act, 

Fiscal Year 1991 (Public Law 101–611, 104 Stat. 3190) may be 

used to carry or place in orbit any nuclear weapon or any other 

weapon of mass destruction, to install any such weapon on any 

celestial body, or to station any such weapon in space in any 

other manner. This civil space station may be used only for peaceful 

purposes. 

§ 70902. Allocation of International Space Station research 

budget 

The Administrator shall allocate at least 15 percent of the funds 

budgeted for International Space Station research to ground-based, 

free-flyer, and International Space Station life and microgravity 

science research that is not directly related to supporting the human 

exploration program, consistent with section 40904 of this title. 

§ 70903. International Space Station research 

The Administrator shall— 

(1) carry out a program of microgravity research consistent 

with section 40904 of this title; and 

(2) consider the need for a life sciences centrifuge and any 

associated holding facilities. 
H. R. 3237—110 

§ 70904. International Space Station completion 

(a) POLICY.—It is the policy of the United States to achieve 

diverse and growing utilization of, and benefits from, the International Space Station. 

(b) ELEMENTS, CAPABILITIES, AND CONFIGURATION CRITERIA.— The Administrator shall ensure that the International Space Station 

will— 

(1) be assembled and operated in a manner that fulfills 

international partner agreements, as long as the Administrator 

determines that the shuttle can safely enable the United States 

to do so; 

(2) be used for a diverse range of microgravity research, 

including fundamental, applied, and commercial research, consistent with section 40904 of this title; 

(3) have an ability to support a crew size of at least 6 

persons, unless the Administrator transmits to the Committee 

on Science and Technology of the House of Representatives 

and the Committee on Commerce, Science, and Transportation 

of the Senate not later than 60 days after December 30, 2005, 

a report explaining why such a requirement should not be 

met, the impact of not meeting the requirement on the International Space Station research agenda and operations and 

international partner agreements, and what additional funding 

or other steps would be required to have an ability to support 

a crew size of at least 6 persons; 

(4) support Crew Exploration Vehicle docking and automated 

docking of cargo vehicles or modules launched by either heavylift or commercially-developed launch vehicles; 

(5) support any diagnostic human research, on-orbit 

characterization of molecular crystal growth, cellular research, 

and other research that the Administration believes is necessary to conduct, but for which the Administration lacks the 

capacity to return the materials that need to be analyzed to 

Earth; and 

(6) be operated at an appropriate risk level. 

(c) CONTINGENCIES.— 

(1) POLICY.—The Administrator shall ensure that the International Space Station can have available, if needed, sufficient 

logistics and on-orbit capabilities to support any potential 

period during which the space shuttle or its follow-on crew 

and cargo systems are unavailable, and can have available, 

if needed, sufficient surge delivery capability or prepositioning 

of spares and other supplies needed to accommodate any such 

hiatus. 

(2) PLAN.—Before making any change in the International 

Space Station assembly sequence in effect on December 30, 

2005, the Administrator shall transmit to the Committee on 

Science and Technology of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate a plan to carry out the policy described in paragraph 

(1). 

§ 70905. National laboratory designation 

(a) DEFINITION OF UNITED STATES SEGMENT OF THE INTERNATIONAL SPACE STATION.—In this section the term ‘‘United States 

segment of the International Space Station’’ means those elements 

of the International Space Station manufactured— 
H. R. 3237—111 

(1) by the United States; or 

(2) for the United States by other nations in exchange for 

funds or launch services. 

(b) DESIGNATION.—To further the policy described in section 

70501(a) of this title, the United States segment of the International 

Space Station is hereby designated a national laboratory. 

(c) MANAGEMENT.— 

(1) PARTNERSHIPS.—The Administrator shall seek to increase 

the utilization of the International Space Station by other Federal entities and the private sector through partnerships, costsharing agreements, and other arrangements that would 

supplement Administration funding of the International Space 

Station. 

(2) CONTRACTING.—The Administrator may enter into a contract with a nongovernmental entity to operate the International Space Station national laboratory, subject to all 

applicable Federal laws and regulations. 

§ 70906. International Space Station National Laboratory 

Advisory Committee 

(a) ESTABLISHMENT.—Not later than one year after October 15, 

2008, the Administrator shall establish under the Federal Advisory 

Committee Act a committee to be known as the ‘‘International 

Space Station National Laboratory Advisory Committee’’ (hereafter 

in this section referred to as the ‘‘Committee’’). 

(b) MEMBERSHIP.— 

(1) COMPOSITION.—The Committee shall be composed of 

individuals representing organizations that have formal agreements with the Administration to utilize the United States 

portion of the International Space Station, including allocations 

within partner elements. 

(2) CHAIR.—The Administrator shall appoint a chair from 

among the members of the Committee, who shall serve for 

a 2-year term. 

(c) DUTIES OF THE COMMITTEE.— 

(1) IN GENERAL.—The Committee shall monitor, assess, and 

make recommendations regarding effective utilization of the 

International Space Station as a national laboratory and platform for research. 

(2) ANNUAL REPORT.—The Committee shall submit to the 

Administrator, on an annual basis or more frequently as considered necessary by a majority of the members of the Committee, 

a report containing the assessments and recommendations 

required by paragraph (1). 

(d) DURATION.—The Committee shall exist for the life of the 

International Space Station. 

§ 70907. Maintaining use through at least 2020 

The Administrator shall take all necessary steps to ensure that 

the International Space Station remains a viable and productive 

facility capable of potential United States utilization through at 

least 2020 and shall take no steps that would preclude its continued 

operation and utilization by the United States after 2015. 
H. R. 3237—112 

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. 

§ 71101. Reaffirmation of policy 

Congress reaffirms the policy set forth in section 20102(g) of 

this title (relating to surveying near-Earth asteroids and comets). 

§ 71102. Requests for information 

The Administrator shall issue requests for information on— 

(1) a low-cost space mission with the purpose of rendezvousing with, attaching a tracking device, and characterizing the Apophis asteroid; and 

(2) a medium-sized space mission with the purpose of 

detecting near-Earth objects equal to or greater than 140 meters 

in diameter. 

§ 71103. Developing policy and recommending responsible 

Federal agency 

Within 2 years after October 15, 2008, the Director of the Office 

of Science and Technology Policy shall— 

(1) develop a policy for notifying Federal agencies and relevant emergency response institutions of an impending nearEarth object threat, if near-term public safety is at risk; and 

(2) recommend a Federal agency or agencies to be responsible 

for— 

(A) protecting the United States from a near-Earth object 

that is expected to collide with Earth; and 

(B) implementing a deflection campaign, in consultation 

with international bodies, should one be necessary. 

§ 71104. Planetary radar 

The Administrator shall maintain a planetary radar that is comparable to the capability provided through the Deep Space Network 

Goldstone facility of the Administration. 

CHAPTER 713—COOPERATION FOR SAFETY AMONG 

SPACEFARING NATIONS 

Sec. 

71301. Common docking system standard to enable rescue. 

71302. Information sharing to avoid physical or radio-frequency interference. 

§ 71301. Common docking system standard to enable rescue 

In order to maximize the ability to rescue astronauts whose 

space vehicles have become disabled, the Administrator shall enter 

into discussions with the appropriate representatives of spacefaring 

nations who have or plan to have crew transportation systems 

capable of orbital flight or flight beyond low Earth orbit for the 

purpose of agreeing on a common docking system standard. 
H. R. 3237—113 

§ 71302. Information sharing to avoid physical or radio-frequency interference 

The Administrator shall, in consultation with other agencies of 

the Federal Government as the Administrator considers appropriate, initiate discussions with the appropriate representatives 

of spacefaring nations to determine an appropriate frame-work 

under which information intended to promote safe access into outer 

space, operations in outer space, and return from outer space to 

Earth free from physical or radio-frequency interference can be 

shared among the nations. 

SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS. 

(a) TITLE 5.—Section 9811(a)(1)(E) of title 5, United States Code, 

is amended by striking ‘‘section 203(c)(2)(A) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))’’ and substituting ‘‘section 20113(b)(1) of title 51’’. 

(b) TITLE 31.—Section 1304(a)(3)(D) of title 31, United States 

Code, is amended by striking ‘‘section 203 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473)’’ and substituting 

‘‘section 20113 of title 51’’. 

(c) TITLE 35.—Section 210(a)(7) of title 35, United States Code, 

is amended by striking ‘‘section 305 of the National Aeronautics 

and Space Act of 1958 (42 U.S.C. 2457)’’ and substituting ‘‘section 

20135 of title 51’’. 

(d) TRANSFER OF CHAPTERS 701 AND 703 OF TITLE 49, UNITED

STATES CODE.— (1) TITLE 49, UNITED STATES CODE.—Title 49, United States 

Code, is amended as follows: 

(A) In the analysis for title 49, United States Code, 

the item related to subtitle IX is amended to read as 

follows: 

‘‘IX. [TRANSFERRED]’’. 

(B) The heading and analysis for subtitle IX of title 

49, United States Code, are amended to read as follows: 

‘‘Subtitle IX—[Transferred] 

‘‘Chapter Sec. 

‘‘701. [Transferred] 

‘‘703. [Transferred]’’. 

(2) RENUMBERING AND TRANSFER OF CHAPTERS.—Chapters 

701 and 703 of title 49, United States Code, are renumbered 

as chapters 509 and 511, respectively, of title 51, United States 

Code, and transferred so as to appear after chapter 507 of 

title 51, United States Code, as enacted by section 3 of this 

Act. 

(3) RENUMBERING OF SECTIONS IN CHAPTER 509 OF TITLE 51, UNITED STATES CODE.—In chapter 509 of title 51, United States 

Code, as renumbered by paragraph (2), and in the chapter 

analysis, the sections are renumbered as follows: 

(A) Section 70101 is renumbered 50901. 

(B) Section 70102 is renumbered 50902. 

(C) Section 70103 is renumbered 50903. 

(D) Section 70104 is renumbered 50904. 

(E) Section 70105 is renumbered 50905. 

(F) Section 70105a is renumbered 50906. 
H. R. 3237—114 

(G) Section 70106 is renumbered 50907. 

(H) Section 70107 is renumbered 50908. 

(I) Section 70108 is renumbered 50909. 

(J) Section 70109 is renumbered 50910. 

(K) Section 70109a is renumbered 50911. 

(L) Section 70110 is renumbered 50912. 

(M) Section 70111 is renumbered 50913. 

(N) Section 70112 is renumbered 50914. 

(O) Section 70113 is renumbered 50915. 

(P) Section 70114 is renumbered 50916. 

(Q) Section 70115 is renumbered 50917. 

(R) Section 70116 is renumbered 50918. 

(S) Section 70117 is renumbered 50919. 

(T) Section 70118 is renumbered 50920. 

(U) Section 70119 is renumbered 50921. 

(V) Section 70120 is renumbered 50922. 

(W) Section 70121 is renumbered 50923. 

(4) RENUMBERING OF SECTIONS IN CHAPTER 511 OF TITLE 51, 

UNITED STATES CODE.—In chapter 511 of title 51, United States 

Code, as renumbered by paragraph (2), and in the chapter 

analysis, the sections are renumbered as follows: 

(A) Section 70301 is renumbered 51101. 

(B) Section 70302 is renumbered 51102. 

(C) Section 70303 is renumbered 51103. 

(D) Section 70304 is renumbered 51104. 

(E) Section 70305 is renumbered 51105. 

(5) CROSS REFERENCES IN CHAPTER 509 OF TITLE 51, UNITED

STATES CODE.— (A) Section 50902(11) of title 51, United States Code, 

as renumbered by paragraph (3), is amended— 

(i) by striking ‘‘section 70104(c)’’ and substituting 

‘‘section 50904(c)’’; and 

(ii) by striking ‘‘section 70105a’’ and substituting 

‘‘section 50906’’. 

(B) Section 50902(19) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70120(c)(2)’’ and substituting ‘‘section 50922(c)(2)’’. 

(C) Section 50904(a)(2) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70102(1)(A) or (B)’’ and substituting ‘‘section 

50902(1)(A) or (B)’’. 

(D) Section 50904(a)(3) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70102(1)(C)’’ and substituting ‘‘section 

50902(1)(C)’’. 

(E) Section 50904(a)(4) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70102(1)(C)’’ and substituting ‘‘section 

50902(1)(C)’’. 

(F) Section 50905(b)(5)(A) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70112(a)(2) and (c)’’ and substituting ‘‘section 

50914(a)(2) and (c)’’. 

(G) Section 50906(c) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70105(b)(2)(C)’’ and substituting ‘‘section 

50905(b)(2)(C)’’. 
H. R. 3237—115 

(H) Section 50906(i) of title 51, United States Code, as 

renumbered by paragraph (3), is amended by striking ‘‘sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 

70116, 70117, and 70121’’ and substituting ‘‘sections 50907, 

50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, 

and 50923’’. 

(I) Section 50907(a) of title 51, United States Code, as 

renumbered by paragraph (3), is amended by striking ‘‘sections 70104(c), 70105, and 70105a’’ and substituting ‘‘sections 50904(c), 50905, and 50906’’. 

(J) Section 50908(b)(2) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70105(c)’’ and substituting ‘‘section 50905(c)’’. 

(K) Section 50908(e) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70110’’ and substituting ‘‘section 50912’’. 

(L) Section 50909(b) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70110’’ and substituting ‘‘section 50912’’. 

(M) Section 50912(a)(1) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70105(a) or 70105a’’ and substituting ‘‘section 

50905(a) or 50906’’. 

(N) Section 50912(a)(2) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70104(c)’’ and substituting ‘‘section 50904(c)’’. 

(O) Section 50912(a)(3)(A) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70107(b) or (c)’’ and substituting ‘‘section 50908(b) 

or (c)’’. 

(P) Section 50912(a)(3)(B) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70108(a)’’ and substituting ‘‘section 50909(a)’’. 

(Q) Section 50915(a)(1)(A) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70112(a)(1)(A)’’ and substituting ‘‘section 

50914(a)(1)(A)’’. 

(R) Section 50915(a)(2) of title 51, United States Code, 

as renumbered by paragraph (3), is amended— 

(i) by striking ‘‘section 70112(a)(1)(A)’’ and substituting ‘‘section 50914(a)(1)(A)’’; and 

(ii) by striking ‘‘section 70112(a)(1)’’ and substituting 

‘‘section 50914(a)(1)’’. 

(S) Section 50916 of title 51, United States Code, as 

renumbered by paragraph (3), is amended by striking ‘‘section 70106(b)’’ and substituting ‘‘section 50907(b)’’. 

(T) Section 50919(b)(2) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 

5601 et seq.)’’ and substituting ‘‘chapter 601 of this title’’. 

(U) Section 50922(c)(2)(B) of title 51, United States Code, 

as renumbered by paragraph (3), is amended by striking 

‘‘section 70102’’ and substituting ‘‘section 50902’’. 

(6) CROSS REFERENCES IN CHAPTER 511 OF TITLE 51, UNITED

STATES CODE.— (A) Section 51101(1) of title 51, United States Code, 

as renumbered by paragraph (4), is amended by striking 
H. R. 3237—116 

‘‘section 502 of the National Aeronautics and Space 

Administration Authorization Act, Fiscal Year 1993 (15 

U.S.C. 5802)’’ and substituting ‘‘section 50501 of this title’’. 

(B) Section 51104(d)(1) of title 51, United States Code, 

as renumbered by paragraph (4), is amended by striking 

‘‘section 303 of this title’’ and substituting ‘‘section 303 

of title 49’’. 

(7) ANALYSIS FOR TITLE 51, UNITED STATES CODE.—The analysis for title 51, United States Code, as enacted by section 

3 of this Act, is amended by adding, after the item for chapter 

507, the following items: 

‘‘509. Commercial Space Launch Activities ........................................................50901

‘‘511. Space Transportation Infrastructure Matching Grants ..........................51101’’. 

(8) DEEMED REFERENCES TO TITLE 49, UNITED STATES CODE.— In title 49, United States Code, references to ‘‘this title’’ are 

deemed to refer also to chapters 509 and 511 of title 51, 

United States Code. 

(e) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

AUTHORIZATION ACT OF 2005.—Section 304 of the National Aeronautics and Space Administration Authorization Act of 2005 (42 

U.S.C. 16654) is amended as follows: 

(1) Subsection (a)(1) is redesignated as subsection (a) and 

amended to read as follows: 

‘‘(a) ASSESSMENT OF CERTAIN MISSIONS.—Not later than 60 days 

after the date of enactment of this Act, the Administrator shall 

carry out an assessment under section 30504 of title 51, United 

States Code, for at least the following missions: FAST, TIMED, 

Cluster, Wind, Geotail, Polar, TRACE, Ulysses, and Voyager.’’. 

(2) Subsection (b) is amended by striking ‘‘subsection (a)(1)’’ 

and substituting ‘‘subsection (a)’’. 

SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS. 

(a) DEFINITIONS.—In this section: 

(1) SOURCE PROVISION.—The term ‘‘source provision’’ means 

a provision of law that is replaced by a title 51 provision. 

(2) TITLE 51 PROVISION.—The term ‘‘title 51 provision’’ means 

a provision of title 51, United States Code, that is enacted 

by section 3. 

(b) CUTOFF DATE.—The title 51 provisions replace certain provisions of law enacted on or before July 1, 2009. If a law enacted 

after that date amends or repeals a source provision, that law 

is deemed to amend or repeal, as the case may be, the corresponding 

title 51 provision. If a law enacted after that date is otherwise 

inconsistent with a title 51 provision or a provision of this Act, 

that law supersedes the title 51 provision or provision of this 

Act to the extent of the inconsistency. 

(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes 

of determining whether one provision of law supersedes another 

based on enactment later in time, a title 51 provision is deemed 

to have been enacted on the date of enactment of the corresponding 

source provision. 

(d) REFERENCES TO TITLE 51 PROVISIONS.—A reference to a title 

51 provision is deemed to refer to the corresponding source provision. 

(e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source 

provision, including a reference in a regulation, order, or other 

law, is deemed to refer to the corresponding title 51 provision. 
H. R. 3237—117 

(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE

ACTIONS.—A regulation, order, or other administrative action in 

effect under a source provision continues in effect under the corresponding title 51 provision. 

(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken 

or an offense committed under a source provision is deemed to 

have been taken or committed under the corresponding title 51 

provision. 

SEC. 6. REPEALS. 

The following provisions of law are repealed, except with respect 

to rights and duties that matured, penalties that were incurred, 

or proceedings that were begun before the date of enactment of 

this Act: 

Schedule of Laws Repealed 

Act Section United States Code 

National Aeronautics and Space 

Act of 1958 (Public Law 85– 

568) .......................................... 102 ........................................... 42 U.S.C. 2451.

103 ........................................... 42 U.S.C. 2452.

201 ........................................... 42 U.S.C. 2471 (prior).

202 ........................................... 42 U.S.C. 2472.

203 ........................................... 42 U.S.C. 2473.

204 ........................................... 42 U.S.C. 2474.

205 ........................................... 42 U.S.C. 2475.

206 ........................................... 42 U.S.C. 2476.

207 ........................................... 42 U.S.C. 2476a.

208 ........................................... 42 U.S.C. 2476b.

302 ........................................... 42 U.S.C. 2453.

303 ........................................... 42 U.S.C. 2454.

304(a) ...................................... 42 U.S.C. 2455(a).

304(e) ...................................... 42 U.S.C. 2456.

304(f) ....................................... 42 U.S.C. 2456a.

305 ........................................... 42 U.S.C. 2457.

306 ........................................... 42 U.S.C. 2458.

307 ........................................... 42 U.S.C. 2458a.

308 ........................................... 42 U.S.C. 2458b.

309 ........................................... 42 U.S.C. 2458c.

310 ........................................... 42 U.S.C. 2459.

311 ........................................... 42 U.S.C. 2459b.

312 ........................................... 42 U.S.C. 2459c.

313 ........................................... 42 U.S.C. 2459f.

314 ........................................... 42 U.S.C. 2459f–1.

315 ........................................... 42 U.S.C. 2459j.

316 ........................................... 42 U.S.C. 2459k.

317 ........................................... 42 U.S.C. 2459l.

401 ........................................... 42 U.S.C. 2481.

402 ........................................... 42 U.S.C. 2482.

403 ........................................... 42 U.S.C. 2483.

404 ........................................... 42 U.S.C. 2484.

Act of June 15, 1959 (Public 

Law 86–45) .............................. 4 ............................................... 42 U.S.C. 2460.

National Aeronautics and Space 

Administration Authorization 

Act, 1968 (Public Law 90–67) 6 ............................................... 42 U.S.C. 2477.

Joint Resolution of September 

29, 1969 (Public Law 91–76) .. 1, 2 .......................................... 42 U.S.C. 2461.

National Aeronautics and Space 

Administration Authorization 

Act, 1978 (Public Law 95–76) 6 ............................................... 42 U.S.C. 2463.
H. R. 3237—118 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

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).
H. R. 3237—119 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

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.

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.
H. R. 3237—120 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

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).

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.
H. R. 3237—121 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

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.

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.
H. R. 3237—122 

Schedule of Laws Repealed—Continued 

Act Section United States Code 

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.

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.