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(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. 
§ 50116. Commercial technology transfer program 
(a) IN GENERAL.—The Administrator shall execute a commercial tech-
nology transfer program with the goal of facilitating the exchange of serv-
ices, products, and intellectual property between the Administration and the 
private sector. This program shall place at least as much emphasis on en-
couraging 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 pro-
vides 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 Admin-
istration’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 trans-
portation services 
(a) IN GENERAL.—Except as otherwise provided in this section, the Fed-
eral 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 ac-
quire 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 Sec-
retary 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; 
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(3) the use of space transportation services from United States com-
mercial providers poses an unacceptable risk of loss of a unique sci-
entific opportunity; 
(4) the use of space transportation services from United States com-
mercial providers is inconsistent with national security objectives; 
(5) the use of space transportation services from United States com-
mercial providers is inconsistent with international agreements for 
international collaborative efforts relating to science and technology; 
(6) it is more cost effective to transport a payload in conjunction 
with a test or demonstration of a space transportation vehicle owned 
by the Federal Government; or 
(7) a payload can make use of the available cargo space on a space 
shuttle mission as a secondary payload, and such payload is consistent 
with the requirements of research, development, demonstration, sci-
entific, commercial, and educational programs authorized by the Ad-
ministrator. 
(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 transpor-
tation 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 Oc-
tober 28, 1998. 
(e) HISTORICAL PURPOSES.—This section shall not be construed to pro-
hibit 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 chap-
ters 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. 
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§ 50133. Shuttle privatization 
The Administrator shall prepare for an orderly transition from the Fed-
eral operation, or Federal management of contracted operation, of space 
transportation systems to the Federal purchase of commercial space trans-
portation 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 ac-
count 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 Admin-
istrator shall plan for the potential privatization of the space shuttle pro-
gram. Such plan shall keep safety and cost effectiveness as high priorities. 
Nothing in this section shall prohibit the Administration from studying, de-
signing, 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 trans-
portation 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 con-
verted for use as a space transportation vehicle by the Federal Govern-
ment if, except as provided in paragraph (2) and at least 30 days be-
fore 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 Rep-
resentatives, and to the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of the Senate, a cer-
tification 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 serv-
ices from United States commercial providers; 
(B) meets all mission requirements of the agency, including per-
formance, 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. 
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(2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE TRANS-
MITTED 30 DAYS BEFORE CONVERSION.—The requirement under para-
graph (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 se-
curity 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 in-orbit 
space transportation services or systems, primary control of which is 
held by persons other than the Federal Government, a State or local 
government, or a foreign government. 
(2) IN-SPACE
TRANSPORTATION
SERVICES.—The term ‘‘in-space 
transportation services’’ means operations and activities involved in the 
direct transportation or attempted transportation of a payload or object 
from one orbit to another by means of an in-space transportation vehi-
cle. 
(3) IN-SPACE TRANSPORTATION SYSTEM.—The term ‘‘in-space trans-
portation system’’ means the space and ground elements, including in- 
space transportation vehicles and support space systems, and ground 
administration and control facilities and associated equipment, nec-
essary 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 
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(C) to be reusable and refueled in space. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De-
fense. 
(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 reus-
able 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 guar-
antee a loan for a United States commercial provider under this section un-
less 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 Sec-
retary, 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— 
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(A) provide income which is excluded from gross income for 
purposes of chapter 1 of the Internal Revenue Code of 1986 (26 
U.S.C. 1 et seq.); or 
(B) provide significant collateral or security, as determined by 
the Secretary, for other obligations the income from which is so 
excluded. 
(3) TREATMENT OF GUARANTEE.—The guarantee of a loan under 
this section shall be conclusive evidence of the following: 
(A) That the guarantee has been properly obtained. 
(B) That the loan qualifies for the guarantee. 
(C) That, but for fraud or material misrepresentation by the 
holder of the loan, the guarantee is valid, legal, and enforceable. 
(4) OTHER TERMS AND CONDITIONS.—The Secretary may establish 
any other terms and conditions for a guarantee of a loan under this 
section as the Secretary considers appropriate to protect the financial 
interests of the United States. 
(f) ENFORCEMENT OF RIGHTS.— 
(1) IN GENERAL.—The Attorney General may take any action the 
Attorney General considers appropriate to enforce any right accruing 
to the United States under a loan guarantee under this section. 
(2) FORBEARANCE.—The Attorney General may, with the approval 
of the parties concerned, forbear from enforcing any right of the 
United States under a loan guaranteed under this section for the ben-
efit 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 provi-
sion 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, main-
tain, 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 instru-
ments 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 
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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 in-
strument under this subsection is in addition to any eligibility of such 
provider for a loan guarantee under other provisions of this section. 
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 de-
fined in section 105 of title 5. 
(2) ANCHOR TENANCY.—The term ‘‘anchor tenancy’’ means an ar-
rangement 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 ven-
ture is made viable. 
(3) COMMERCIAL.—The term ‘‘commercial’’ means having— 
(A) private capital at risk; and 
(B) primary financial and management responsibility for the ac-
tivity 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 con-
tractor 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 trajec-
tory, in Earth orbit in outer space, or otherwise in outer space. 
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(6) LAUNCH SERVICES.—The term ‘‘launch services’’ means activi-
ties 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 fa-
cilities’’ means facilities located at launch sites or launch ranges that 
are required to support launch activities, including launch vehicle as-
sembly, launch vehicle operations and control, communications, flight 
safety functions, and payload operations, control, and processing. 
(8) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi-
cle 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 inte-
gration services’’ means activities involved in integrating multiple pay-
loads into a single payload for launch or integrating a payload with a 
launch vehicle. 
(11) SPACE RECOVERY SUPPORT FACILITIES.—The term ‘‘space re-
covery support facilities’’ means facilities required to support activities 
related to the recovery of payloads returned from space to a space re-
covery 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 Dis-
trict 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. 
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(b) AWARD
OF VOUCHERS.—The Administrator shall award vouchers 
under subsection (a) to appropriate individuals as a part of grants adminis-
tered 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 recipi-
ents with such assistance (including contract formulation and technical sup-
port during the proposal evaluation) as may be necessary to ensure the pur-
chase 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 Ad-
ministrator 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 Admin-
istration or the National Oceanic and Atmospheric Administration, as 
appropriate; 
(2) the commercially procured good or service is cost effective; 
(3) the good or service is procured through a competitive process; 
(4) existing or potential customers for the good or service other than 
the United States Government have been specifically identified; 
(5) the long-term viability of the venture is not dependent upon a 
continued Government market or other nonreimbursable Government 
support; and 
(6) private capital is at risk in the venture. 
(b) TERMINATION LIABILITY.— 
(1) IN GENERAL.—Contracts entered into under subsection (a) may 
provide for the payment of termination liability in the event that the 
Government terminates such contracts for its convenience. 
(2) FIXED SCHEDULE OF PAYMENTS AND LIMITATION ON LIABIL-
ITY.—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 con-
tract 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 
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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, rea-
sonable performance specifications shall be used to define technical re-
quirements in such contracts. 
(4) FAILURE TO PERFORM.—In any such contract, the appropriate 
Administrator shall reserve the right to completely or partially termi-
nate the contract without payment of such termination liability because 
of the contractor’s actual or anticipated failure to perform its contrac-
tual 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 Adminis-
trator, the Secretary of Defense, or the appropriate agency head deter-
mines that— 
(A) the facilities will be used to support commercial space activi-
ties; 
(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 reason-
able 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 
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not be borne by the United States Government in the absence of such 
use. 
(2) CREDIT TO APPROPRIATION.—The amount of any payment re-
ceived 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 Com-
mittee 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 dur-
ing periods of low utilization. 
§ 50506. Commercial Space Achievement Award 
(a) ESTABLISHMENT.—There is established a Commercial Space Achieve-
ment Award. The award shall consist of a medal, which shall be of such 
design and materials and bear such inscriptions as determined by the Sec-
retary 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 periodi-
cally 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 consider-
ation 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 
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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. 
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 Commer-
cialization established in section 50702 of this title. 
§ 50702. Establishment 
(a) IN GENERAL.—There is established within the Department of Com-
merce 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 Execu-
tive 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 com-
mercial space opportunities; 
(2) assisting United States commercial providers in the efforts of 
those providers to conduct business with the United States Govern-
ment; 
(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; 
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(4) ensuring that the United States Government does not compete 
with United States commercial providers in the provision of space hard-
ware 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 en-
sure free and fair trade internationally in the area of space commerce; 
and 
(7) seeking the removal of legal, policy, and institutional impedi-
ments to space commerce. 
§ 50703. Annual report 
The Secretary of Commerce shall submit an annual report on the activi-
ties 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 
CHAPTER 601—LAND REMOTE SENSING POLICY 
SUBCHAPTER I—GENERAL 
Sec. 
60101.
Definitions. 
SUBCHAPTER II—LANDSAT 
60111.
Landsat Program Management. 
60112.
Transfer of Landsat 6 program responsibilities. 
60113.
Data policy for Landsat 7. 
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS 
60121.
General licensing authority. 
60122.
Conditions for operation. 
60123.
Administrative authority of Secretary. 
60124.
Regulatory authority of Secretary. 
60125.
Agency activities. 
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
60131.
Continued Federal research and development. 
60132.
Availability of federally gathered unenhanced data. 
60133.
Technology demonstration program. 
60134.
Preference for private sector land remote sensing system. 
SUBCHAPTER V—GENERAL PROVISIONS 
60141.
Nondiscriminatory data availability. 
60142.
Archiving of data. 
60143.
Nonreproduction. 
60144.
Reimbursement for assistance. 
60145.
Acquisition of equipment. 
60146.
Radio frequency allocation. 
60147.
Consultation. 
60148.
Enforcement. 
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER 
SATELLITES 
60161.
Prohibition. 
60162.
Future considerations. 
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SUBCHAPTER I—GENERAL 
§ 60101. Definitions 
In this chapter: 
(1) COST OF FULFILLING USER REQUESTS.—The term ‘‘cost of ful-
filling user requests’’ means the incremental costs associated with pro-
viding 
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 specifi-
cally attributable to fulfilling user requests. 
(2) DATA CONTINUITY.—The term ‘‘data continuity’’ means the con-
tinued acquisition and availability of unenhanced data which are, from 
the point of view of the user— 
(A) sufficiently consistent (in terms of acquisition geometry, 
coverage characteristics, and spectral characteristics) with previous 
Landsat data to allow comparisons for global and regional change 
detection and characterization; and 
(B) compatible with such data and with methods used to receive 
and process such data. 
(3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— 
(A) may include— 
(i) rectification of system and sensor distortions in land re-
mote 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 Pro-
gram Management’’ means the integrated program management struc-
ture— 
(A) established by, and responsible to, the Administrator and 
the Secretary of Defense pursuant to section 60111(a) of this 
title; and 
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(B) consisting of appropriate officers and employees of the Ad-
ministration, the Department of Defense, and any other United 
States Government agencies the President designates as respon-
sible for the Landsat program. 
(6) LANDSAT
SYSTEM.—The term ‘‘Landsat system’’ means 
Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing 
system operated and owned by the United States Government, along 
with any related ground equipment, systems, and facilities owned by 
the United States Government. 
(7) LANDSAT 6 CONTRACTOR.—The term ‘‘Landsat 6 contractor’’ 
means the private sector entity which was awarded the contract for 
spacecraft construction, operations, and data marketing rights for the 
Landsat 6 spacecraft. 
(8) LANDSAT 7.—The term ‘‘Landsat 7’’ means the follow-on sat-
ellite 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 pur-
poses’’ 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 provi-
sion of law or regulation; and 
(C) such data shall not be distributed in competition with 
unenhanced data provided by the Landsat 6 contractor. 
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of 
Commerce. 
(12) UNENHANCED
DATA.—The term ‘‘unenhanced data’’ means 
land remote sensing signals or imagery products that are unprocessed 
or subject only to data preprocessing. 
(13) UNITED STATES GOVERNMENT AND ITS AFFILIATED USERS.— 
The term ‘‘United States Government and its affiliated users’’ means— 
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(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 in-
volving 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 respon-
sibility shall be carried out by establishing an integrated program manage-
ment 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 agen-
cies. The management plan shall— 
(1) specify that the fundamental goal of the Landsat Program Man-
agement is the continuity of unenhanced Landsat data through the ac-
quisition and operation of a Landsat 7 satellite as quickly as prac-
ticable which is, at a minimum, functionally equivalent to the Landsat 
6 satellite, with the addition of a tracking and data relay satellite com-
munications capability; 
(2) include a baseline funding profile that— 
(A) is mutually acceptable to the Administration and the De-
partment of Defense for the period covering the development and 
operation of Landsat 7; and 
(B) provides for total funding responsibility of the Administra-
tion and the Department of Defense, respectively, to be approxi-
mately 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 spon-
soring agency or agencies, in a manner agreed to by the Landsat Pro-
gram 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 con-
tinuity; and 
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(4) provide for a technology demonstration program whose objective 
shall be the demonstration of advanced land remote sensing tech-
nologies that may potentially yield a system which is less expensive to 
build and operate, and more responsive to data users, than is the cur-
rent Landsat system. 
(c) RESPONSIBILITIES.—The Landsat Program Management shall be re-
sponsible 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 author-
ity of the United States Government agencies that compose the Landsat 
Program Management, enter into contracts with the private sector for serv-
ices 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, effec-
tiveness, 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; 
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(B) the full spectrum of users of Landsat data, including rep-
resentatives from United States Government agencies, State and 
local government agencies, academic institutions, nonprofit organi-
zations, value-added companies, the agricultural, mineral extrac-
tion, and other user industries, and the public; and 
(C) a broad diversity of age groups, sexes, and races. 
(2) REPORTS.—The Landsat Program Management shall prepare 
and submit biennially a report to Congress which— 
(A) reports the public comments received pursuant to paragraph 
(1); and 
(B) includes— 
(i) a response to the public comments received pursuant to 
paragraph (1); 
(ii) information on the volume of use, by category, of data 
from the Landsat system; and 
(iii) any recommendations for policy or programmatic 
changes to improve the utility and operation of the Landsat 
system. 
§ 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 
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(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 pri-
vate sector parties to operate private remote sensing space systems for 
such period as the Secretary may specify and in accordance with the 
provisions of this subchapter. 
(2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER PUR-
POSES.—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 OBLIGA-
TIONS, AND NATIONAL SECURITY.— 
(1) IN GENERAL.—No license shall be granted by the Secretary un-
less 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 na-
tional 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 infor-
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mation necessary to complete an application, the Secretary may not 
deny the application on the basis of the absence of any such informa-
tion. 
(c) DEADLINE FOR ACTION ON APPLICATION.—The Secretary shall re-
view 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 sub-
chapter 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 sub-
stantial 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 li-
censee and the importance of promoting widespread access to re-
mote sensing data from United States and foreign systems. 
(3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.—A 
designation made by the Secretary under paragraph (1) shall not be 
inconsistent with any contract or other arrangement entered into be-
tween 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 re-
quirements 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 obliga-
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tions 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 disposi-
tion 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 consor-
tium 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 Sec-
retary determines that the licensee has substantially failed to comply 
with any provisions of this chapter, with any terms, conditions, or re-
strictions of such license, or with any international obligations or na-
tional security concerns of the United States; 
(3) provide penalties for noncompliance with the requirements of li-
censes or regulations issued under this subchapter, including civil pen-
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alties 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 con-
ducting 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 regula-
tion issued thereunder; and 
(7) make investigations and inquiries and administer to or take from 
any person an oath, affirmation, or affidavit concerning any matter re-
lating 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 Sec-
retary on the record after an opportunity for any agency hearing with re-
spect 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 sat-
ellite 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 utili-
zation, including a reasonable and proportionate share of fixed, plat-
form, 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 re-
sponsible for such civilian platform. 
(b) ASSISTANCE.—The Secretary may offer assistance to private sector 
parties in finding appropriate opportunities for such utilization. 
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(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 mis-
sion and statutory authority, and if such remote sensing space system is li-
censed by the Secretary before commencing operation. 
(d) APPLICABILITY.—This section does not apply to activities carried out 
under subchapter IV. 
(e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall af-
fect 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 (in-
cluding applications demonstration programs and basic research at 
universities); 
(B) develop remote sensing technologies and techniques, includ-
ing 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 pri-
vate research entities (including private industry, universities, non- 
profit organizations, State and local governments, foreign govern-
ments, and international organizations) and to enter into arrange-
ments (including joint ventures) which will foster such coopera-
tion. 
(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 au-
thorized and encouraged to conduct programs of research and develop-
ment in the applications of remote sensing using funds appropriated 
for such purposes. 
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(2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may in-
clude basic research at universities, demonstrations of applications, and 
cooperative activities involving other Government agencies, private sec-
tor parties, and foreign and international organizations. 
(c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States Govern-
ment agencies are authorized and encouraged to conduct research and devel-
opment 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 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 capabili-
ties 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 oper-
ate 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 demonstra-
tion program, the President shall seek to apply technologies associated with 
United States National Technical Means of intelligence gathering, to the ex-
tent 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. 
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(c) BROAD APPLICATION.—To the greatest extent practicable, the tech-
nology demonstration program established under subsection (a) shall be de-
signed 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 dem-
onstration 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 se-
curity, 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 se-
curity, 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 
(3) to incorporate system enhancements, including any such enhance-
ments 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 oper-
ation 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 sys-
tem funded and owned by the United States Government shall be made 
available to all users without preference, bias, or any other special arrange-
ment (except on the basis of national security concerns pursuant to section 
60146 of this title) regarding delivery, format, pricing, or technical consid-
erations 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 
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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 noncommer-
cial 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 long-term global environ-
mental 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 consulta-
tion 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 pres-
ervation 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 require-
ments of global environmental change research; 
(3) consult with and seek the advice of users and producers of re-
mote sensing data and data products; 
(4) consider the need for data which may be duplicative in terms of 
geographical coverage but which differ in terms of season, spectral 
bands, resolution, or other relevant factors; 
(5) include, as the Secretary of the Interior considers appropriate, 
unenhanced data generated either by the Landsat system, pursuant to 
subchapter II, or by licensees under subchapter III; 
(6) include, as the Secretary of the Interior considers appropriate, 
data collected by foreign ground stations or by foreign remote sensing 
space systems; and 
(7) ensure that the content of the archive is developed in accordance 
with section 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 Sat-
ellite Land Remote Sensing Data Archive shall be in the public domain and 
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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 dissemi-
nated 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 proc-
ess, 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 Com-
mission 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 com-
mercial land remote sensing space system subject to this chapter, within 
120 days of the receipt of an application for such licensing. If final action 
has not occurred within 120 days of the receipt of such an application, the 
Federal Communications Commission shall inform the applicant of any 
pending issues and of actions required to resolve them. 
(c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYSTEMS.— 
Authority shall not be required from the Federal Communications Commis-
sion for the development and construction of any United States land remote 
sensing space system (or component thereof), other than radio transmitting 
facilities or components, while any licensing determination is being made. 
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(d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC IN-
TEREST.—Frequency allocations made pursuant to this section by the Fed-
eral Communications Commission shall be consistent with international obli-
gations 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 De-
fense on all matters under this chapter affecting national security. The Sec-
retary of Defense shall be responsible for determining those conditions, con-
sistent 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 Man-
agement 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 pro-
grams 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 no-
tification 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 con-
cerns, 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 
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for such additional or development costs, but not for anticipated profits. Re-
imbursements 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 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 dif-
ferent 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 pur-
poses); 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 com-
mercial 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 reg-
ulations 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 alleg-
ing 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 re-
port annually to Congress on instances of such violations. 
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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. 
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 cul-
tural 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 resolu-
tion 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 commer-
cial 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, re-
search, develop, and demonstrate prototype Earth science applications 
to enhance Federal, State, local, and tribal governments’ use of govern-
ment and commercial remote sensing data, technologies, and other 
sources of geospatial information for improved decision support to ad-
dress their needs. 
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§ 60303. Pilot projects to encourage public sector applica-
tions 
(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 com-
mercial satellite imagery and derived satellite data products, existing 
public data sets where commercial data sets are not available or appli-
cable, or the fusion of such data sets; 
(2) integrate multiple sources of geospatial information, such as geo-
graphic 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 ap-
plications as possible. 
(c) OPPORTUNITIES.—In carrying out this section, the Administrator 
shall seek opportunities to assist— 
(1) in the development of commercial applications potentially avail-
able from the remote sensing industry; and 
(2) State, local, regional, and tribal agencies in applying remote 
sensing and other geospatial information technologies for growth man-
agement. 
(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 trans-
mit 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 estab-
lishing application, selection, and implementation procedures for pilot 
projects, and guidelines for reports and workshops required by this section. 
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§ 60304. Program evaluation 
(a) ADVISORY COMMITTEE.—The Administrator shall establish an advi-
sory 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 com-
mittee 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 ad-
visory 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 effective-
ness of the program established under section 60303 of this title in explor-
ing 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 in-
crease awareness at institutions of higher education and State, local, re-
gional, and tribal agencies of the potential applications of remote sensing 
and other geospatial information and awareness of the need for geospatial 
workforce development. 
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 pur-
sue a program of Earth observations, research, and applications activities 
to better understand the Earth, how it supports life, and how human activi-
ties affect its ability to do so in the future. In pursuit of this goal, the Ad-
ministration’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 
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further pursuit of this goal, the Administration shall, together with the Na-
tional Oceanic and Atmospheric Administration and other relevant agencies, 
provide United States leadership in developing and carrying out a coopera-
tive international Earth observations-based research program. 
§ 60502. Transitioning experimental research into oper-
ational services 
(a) INTERAGENCY PROCESS.—The Director of the Office of Science and 
Technology Policy, in consultation with the Administrator, the Adminis-
trator of the National Oceanic and Atmospheric Administration, and other 
relevant stakeholders, shall develop a process to transition, when appro-
priate, 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 Ad-
ministrator 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 Atmos-
pheric Administration’s transition activities and interagency coordination. 
(c) PLAN.—For each mission or sensor that is determined to be appro-
priate for transition under subsection (a), the Administration and the Na-
tional Oceanic and Atmospheric Administration shall transmit to Congress 
a joint plan for conducting the transition. The plan shall include the strat-
egy, milestones, and budget required to execute the transition. The transi-
tion 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 pri-
ority to those parts of its existing cooperative activities with the National 
Oceanic and Atmospheric Administration that 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 At-
mospheric Administration that should be undertaken in the area of tornado 
and severe storm research. 
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§ 60505. Coordination with the National Oceanic and Atmos-
pheric 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 At-
mospheric Administration shall jointly transmit a report to the Committee 
on Science and Technology of the House of Representatives and the Com-
mittee 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 fol-
lowing 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 Oce-
anic and Atmospheric Administration and in consultation with other rel-
evant 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 Administra-
tion Earth science mission or Earth observing system to the National Oce-
anic and Atmospheric Administration until the plan required under sub-
section (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 Ad-
ministration. 
§ 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 avail-
ability and widest possible use to ensure public access to accurate and cur-
rent data on global warming. 
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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 De-
fense payloads in orbit with space shuttle 
Notwithstanding any other provision of law, or any interagency agree-
ment, 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 PAYLOADS.— 
The policy stated in paragraph (1) shall not preclude the use of avail-
able cargo space, on a space shuttle mission otherwise consistent with 
the policy described in paragraph (1), for the purpose of carrying sec-
ondary payloads (as defined by the Administrator) that do not require 
a human presence if such payloads are consistent with the require-
ments 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 
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shall, in the certified report to Congress, state the specific circumstances 
that justified the use of the space shuttle. If, during the period between 
scheduled reports to Congress, any additions are made to the list of certified 
payloads intended to be launched from the shuttle, the Administrator shall 
inform Congress of the additions and the reasons therefor within 45 days 
of the change. 
(c) ADMINISTRATION PAYLOADS.—The report described in subsection (b) 
shall also include those Administration payloads designed solely to fly on the 
space shuttle which have begun the phase C/D of its development cycle. 
§ 70103. Commercial payloads on space shuttle 
(a) DEFINITIONS.—In this section: 
(1) LAUNCH VEHICLE.—The term ‘‘launch vehicle’’ means any vehi-
cle 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 deter-
mines 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; 
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(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 inter-
national cooperative activities in the national interest and in maintain-
ing 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 na-
tional 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. 
§ 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, en-
courages 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 Gov-
ernment. 
§ 70304. Duties of Administrator 
(a) ESTABLISHMENT AND IMPLEMENTATION OF REIMBURSEMENT RE-
COVERY SYSTEM.—The Administrator shall establish and implement a pric-
ing 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 
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(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 Representa-
tives a report, transmitted contemporaneously with the annual budget re-
quest 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 Represent-
atives, 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 com-
plete statement of the facts and circumstances which necessitate such 
proposed reduction. 
(2) MINIMUM PRICE.—In no case shall the minimum price estab-
lished under paragraph (1) be less than additive cost. 
(d) LOW OR NO-COST FLIGHTS.—The Administrator may set a price 
lower than the price determined under subsection (a) or (c), or provide no- 
cost flights, for any commercial or foreign user of the Space Transportation 
System that is involved in research, development, or demonstration pro-
grams with the Administration. 
(e) CUSTOMER INCENTIVES.—Notwithstanding the provisions of sub-
section (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. 
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§ 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 re-
port to the Committee on Science and Technology of the House of Rep-
resentatives 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 Ad-
ministration’s human exploration program that is not critically depend-
ent on the achievement of milestones by fixed dates; 
(2) implement an exploration technology development program to en-
able 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 de-
velop the capability to use space resources to increase independence 
from Earth, and sustain exploration beyond low-Earth orbit; and 
(4) pursue aggressively automated rendezvous and docking capabili-
ties that can support the International Space Station and other mission 
requirements. 
§ 70503. Ground-based analog capabilities 
(a) IN GENERAL.—The Administrator may establish a ground-based ana-
log capability in remote United States locations in order to assist in the de-
velopment 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; 
(2) have significant temperature extremes and range; and 
(3) have access to energy and natural resources (including geo-
thermal, permafrost, volcanic, or other potential resources). 
(c) INVOLVEMENT OF LOCAL POPULATIONS AND PRIVATE SECTOR PART-
NERS.—In carrying out this section, the Administrator shall involve local 
populations, academia, and industrial partners as much as possible to en-
sure that ground-based benefits and applications are encouraged and devel-
oped. 
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§ 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 imple-
mented 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 avail-
ability 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 establish-
ment 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 human-tended 
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-re-
lated 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 com-
pleted in a timely manner in order to support the safe, successful, and sus-
tainable 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 uni-
versities, research institutions, and industry. 
§ 70507. Technology development 
The Administrator shall establish an intra-Directorate long-term tech-
nology 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 Adminis-
tration shall have a goal of funding the intra-Directorate technology devel-
opment program at a level of 5 percent of the total Science Mission Direc-
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torate annual budget. The program shall be structured to include competi-
tively 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 sci-
entific 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 prac-
ticable 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 es-
tablished 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 inci-
dent 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. 
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(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 ac-
tions. 
(5) ADDITIONAL
FINDINGS
OR
RECOMMENDATIONS.—Provide any 
additional findings or recommendations deemed by the 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 can-
didates 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 Presi-
dent 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 en-
sure that the members of the Commission include some individuals with 
experience relative to human carrying spacecraft, as well as some indi-
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viduals with investigative experience and some individuals with legal ex-
perience. 
(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 estab-
lished 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 pow-
ers, but shall be filled in the same manner in which the original appoint-
ment 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— 
(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, cor-
respondence, memoranda, papers, and documents, 
as the Commission or such designated subcommittee or member may deter-
mine advisable. 
(b) CONTRACTING.—A Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to en-
able the Commission to discharge its duties under this chapter. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—A Commission may secure directly from any exec-
utive department, bureau, agency, board, commission, office, inde-
pendent establishment, or instrumentality of the Government, informa-
tion, 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 au-
thorized by law, furnish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request made by the Chair-
man, the chairman of any subcommittee created by a majority of the 
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Commission, or any member designated by a majority of the Commis-
sion. 
(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—Informa-
tion shall only be received, handled, stored, and disseminated by mem-
bers of the Commission and its staff consistent with all applicable stat-
utes, 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 as-
sistance prescribed in paragraph (1), departments and agencies of the 
United States may provide to the Commission such services, funds, fa-
cilities, staff, and other support services as they may determine advis-
able and as may be authorized by law. 
(3) ADMINISTRATION ENGINEERING AND SAFETY CENTER.—The Ad-
ministration 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 RE-
PORTS.—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 pro-
vided to or developed for or by the Commission as required by any applica-
ble statute, regulation, or Executive order. 
§ 70707. Staff of Commission 
(a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation 
with the Vice Chairman, in accordance with rules agreed upon by a Com-
mission, 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 em-
ployee of the Administration, may be detailed to a Commission without re-
imbursement 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 
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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 com-
pensated 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 exist-
ing procedures and requirements. No person shall be provided with access 
to classified information under this chapter without the appropriate security 
clearances. 
§ 70710. Reporting requirements and termination 
(a) INTERIM REPORTS.—A Commission may submit to the President and 
Congress interim reports containing such findings, conclusions, and rec-
ommendations 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 con-
taining such findings, conclusions, and recommendations for corrective ac-
tions as have been agreed to by a majority of Commission members. Such 
report shall include any minority views or opinions not reflected in the ma-
jority 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 Com-
mission may use the 60-day period referred to in paragraph (1) for the 
purpose of concluding its activities, including providing testimony to 
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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 in-
stall 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 budg-
eted 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, con-
sistent with section 40904 of this title. 
§ 70903. International Space Station research 
The Administrator shall— 
(1) carry out a program of microgravity research consistent with sec-
tion 40904 of this title; and 
(2) consider the need for a life sciences centrifuge and any associated 
holding facilities. 
§ 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; 
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(3) have an ability to support a crew size of at least 6 persons, un-
less 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 re-
quirement should not be met, the impact of not meeting the require-
ment on the International Space Station research agenda and oper-
ations and international partner agreements, and what additional fund-
ing 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 dock-
ing of cargo vehicles or modules launched by either heavy-lift or com-
mercially-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 Admin-
istrator 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 pol-
icy 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— 
(1) by the United States; or 
(2) for the United States by other nations in exchange for funds or 
launch services. 
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(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, cost-sharing 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 Sta-
tion national laboratory, subject to all applicable Federal laws and reg-
ulations. 
§ 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 Lab-
oratory 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 Ad-
ministration 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 Adminis-
trator, 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 Inter-
national Space Station. 
§ 70907. Maintaining use through at least 2020 
The Administrator shall take all necessary steps to ensure that the Inter-
national Space Station remains a viable and productive facility capable of 
potential United States utilization through at least 2020 and shall take no 
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steps that would preclude its continued operation and utilization by the 
United States after 2015. 
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 near-Earth 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 facil-
ity 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 
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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. 
§ 71302. Information sharing to avoid physical or radio-fre-
quency interference 
The Administrator shall, in consultation with other agencies of the Fed-
eral Government as the Administrator considers appropriate, initiate discus-
sions with the appropriate representatives of spacefaring nations to deter-
mine an appropriate frame-work under which information intended to pro-
mote 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]’’. 
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(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 trans-
ferred 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. 
(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. 
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(5) CROSS
REFERENCES
IN
CHAPTER
509
OF
TITLE
51, UNITED 
STATES CODE.— 
(A) Section 50902(11) of title 51, United States Code, as re-
numbered 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 re-
numbered 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 re-
numbered 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 re-
numbered 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 re-
numbered 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 renum-
bered by paragraph (3), is amended by striking ‘‘section 
70105(b)(2)(C)’’ and substituting ‘‘section 50905(b)(2)(C)’’. 
(H) Section 50906(i) of title 51, United States Code, as renum-
bered 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 renum-
bered 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 re-
numbered by paragraph (3), is amended by striking ‘‘section 
70105(c)’’ and substituting ‘‘section 50905(c)’’. 
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(K) Section 50908(e) of title 51, United States Code, as renum-
bered by paragraph (3), is amended by striking ‘‘section 70110’’ 
and substituting ‘‘section 50912’’. 
(L) Section 50909(b) of title 51, United States Code, as renum-
bered 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 re-
numbered 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 re-
numbered 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 re-
numbered 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 renum-
bered 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 re-
numbered 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.— 
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(A) Section 51101(1) of title 51, United States Code, as renum-
bered by paragraph (4), is amended by striking ‘‘section 502 of 
the National Aeronautics and Space Administration Authorization 
Act, Fiscal Year 1993 (15 U.S.C. 5802)’’ and substituting ‘‘sec-
tion 50501 of this title’’. 
(B) Section 51104(d)(1) of title 51, United States Code, as re-
numbered 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 AUTHORIZA-
TION 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 as-
sessment 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 pro-
vision 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 re-
peal, as the case may be, the corresponding title 51 provision. If a law en-
acted after that date is otherwise inconsistent with a title 51 provision or 
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