H. R. 3237—63 
jointly create and maintain an international telemedicine satellite 
consultation capability to support emergency medical services in 
disaster-stricken areas. 
CHAPTER 407—ENVIRONMENTALLY FRIENDLY 
AIRCRAFT 
Sec. 
40701.
Research and development initiative. 
40702.
Additional research and development initiative. 
40703.
Research alignment. 
40704.
Research program on perceived impact of sonic booms. 
§ 40701. Research and development initiative 
The Administrator may establish an initiative with the objective 
of developing, and demonstrating in a relevant environment, tech-
nologies to enable the following commercial aircraft performance 
characteristics: 
(1) NOISE LEVELS.—Noise levels on takeoff and on airport 
approach and landing that do not exceed ambient noise levels 
in the absence of flight operations in the vicinity of airports 
from which such commercial aircraft would normally operate. 
(2) ENERGY CONSUMPTION.—Twenty-five percent reduction in 
the energy required for medium- to long-range flights, compared 
to aircraft in commercial service as of December 30, 2005. 
(3) EMISSIONS.—Nitrogen oxides on take-off and landing that 
are significantly reduced, without adversely affecting hydro-
carbons and smoke, relative to aircraft in commercial service 
as of December 30, 2005. 
§ 40702. Additional research and development initiative 
The Administrator shall establish an initiative involving the 
Administration, universities, industry, and other research organiza-
tions as appropriate, of research, development, and demonstration, 
in a relevant environment, of technologies to enable the following 
commercial aircraft performance characteristics: 
(1) NOISE LEVELS.—Noise levels on takeoff and on airport 
approach and landing that do not exceed ambient noise levels 
in the absence of flight operations in the vicinity of airports 
from which such commercial aircraft would normally operate, 
without increasing energy consumption or nitrogen oxide emis-
sions compared to aircraft in commercial service as of October 
15, 2008. 
(2) GREENHOUSE GAS EMISSIONS.—Significant reductions in 
greenhouse gas emissions compared to aircraft in commercial 
services as of October 15, 2008. 
§ 40703. Research alignment 
In addition to pursuing the research and development initiative 
described in section 40702 of this title, the Administrator shall, 
to the maximum extent practicable within available funding, align 
the fundamental aeronautics research program to address high 
priority technology challenges of the National Academies’ Decadal 
Survey of Civil Aeronautics, and shall work to increase the degree 
of involvement of external organizations, and especially of univer-
sities, in the fundamental aeronautics research program.
H. R. 3237—64 
§ 40704. Research program on perceived impact of sonic 
booms 
(a) 
ESTABLISHMENT.—The 
Administrator 
shall 
establish 
a 
cooperative research program with industry, including the conduct 
of flight demonstrations in a relevant environment, to collect data 
on the perceived impact of sonic booms. The data could enable 
the promulgation of appropriate standards for overland commercial 
supersonic flight operations. 
(b) COORDINATION.—The Administrator shall ensure that sonic 
boom research is coordinated as appropriate with the Administrator 
of the Federal Aviation Administration, and as appropriate make 
use of the expertise of the Partnership for Air Transportation Noise 
and Emissions Reduction Center of Excellence sponsored by the 
Administration and the Federal Aviation Administration. 
CHAPTER 409—MISCELLANEOUS 
Sec. 
40901.
Science, Space, and Technology Education Trust Fund. 
40902.
National Aeronautics and Space Administration Endeavor Teacher Fellow-
ship Trust Fund. 
40903.
Experimental Program to Stimulate Competitive Research—merit grant 
competition requirements. 
40904.
Microgravity research. 
40905.
Program to expand distance learning in rural underserved areas. 
40906.
Equal access to the Administration’s education programs. 
40907.
Museums. 
40908.
Continuation of certain education programs. 
40909.
Compliance with title IX of Education Amendments of 1972. 
§ 40901. Science, Space, and Technology Education Trust 
Fund 
There is appropriated, by transfer from funds appropriated in 
the Department of Housing and Urban Development—Independent 
Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 
1014), for ‘‘Construction of facilities’’, the sum of $15,000,000 to 
the ‘‘Science, Space, and Technology Education Trust Fund’’, which 
is hereby established in the Treasury of the United States. The 
Secretary of the Treasury shall invest these funds in the United 
States Treasury special issue securities, and interest shall be cred-
ited to the Trust Fund on a quarterly basis. Such interest shall 
be available for the purpose of making grants for programs directed 
at improving science, space, and technology education in the United 
States. The Administrator, after consultation with the Director 
of the National Science Foundation, shall review applications made 
for such grants and determine the distribution of available funds 
on a competitive basis. Grants shall be made available to any 
awardee only to the extent that the awardee provides matching 
funds from non-Federal sources to carry out the program for which 
grants from this Trust Fund are made. Of the funds made available 
by this Trust Fund, $250,000 shall be disbursed each calendar 
quarter to the Challenger Center for Space Science Education. 
The Administrator shall submit to Congress an annual report on 
the grants made pursuant to this section. 
§ 40902. National Aeronautics and Space Administration 
Endeavor Teacher Fellowship Trust Fund 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States, in tribute to the dedicated crew of the Space
H. R. 3237—65 
Shuttle Challenger, a trust fund to be known as the National 
Aeronautics and Space Administration Endeavor Teacher Fellow-
ship Trust Fund (hereafter in this section referred to as the ‘‘Trust 
Fund’’). The Trust Fund shall consist of amounts which may from 
time to time, at the discretion of the Administrator, be transferred 
from the National Aeronautics and Space Administration Gifts and 
Donations Trust Fund. 
(b) INVESTMENT OF TRUST FUND.—The Administrator shall direct 
the Secretary of the Treasury to invest and reinvest funds in 
the Trust Fund in public debt securities with maturities suitable 
for the needs of the Trust Fund, and bearing interest at rates 
determined by the Secretary of the Treasury, taking into consider-
ation the current average market yield on outstanding marketable 
obligations of the United States of comparable maturities. Interest 
earned shall be credited to the Trust Fund. 
(c) PURPOSE.—Income accruing from the Trust Fund principal 
shall be used to create the National Aeronautics and Space Adminis-
tration Endeavor Teacher Fellowship Program, to the extent pro-
vided in advance in appropriation Acts. The Administrator is 
authorized to use such funds to award fellowships to selected United 
States nationals who are undergraduate students pursuing a course 
of study leading to certified teaching degrees in elementary edu-
cation or in secondary education in mathematics, science, or tech-
nology disciplines. Awards shall be made pursuant to standards 
established for the fellowship program by the Administrator. 
§ 40903. Experimental Program to Stimulate Competitive 
Research—merit grant competition requirements 
(a) DEFINITION OF ELIGIBLE STATE.—In this section, the term 
‘‘eligible State’’ means a State designated by the Administrator 
as eligible to compete in the National Science Foundation’s Experi-
mental Program to Stimulate Competitive Research. 
(b) COMPETITION.—Making use of the existing infrastructure 
established in eligible States by the National Science Foundation, 
the Administrator shall conduct a merit grant competition among 
the eligible States in areas of research important to the mission 
of the Administration. With respect to a grant application by an 
eligible State, the Administrator shall consider— 
(1) the application’s merit and relevance to the mission of 
the Administration; 
(2) the potential for the grant to serve as a catalyst to 
enhance the ability of researchers in the State to become more 
competitive for regular Administration funding; 
(3) the potential for the grant to improve the environment 
for science, mathematics, and engineering education in the 
State; and 
(4) the need to ensure the maximum distribution of grants 
among eligible States, consistent with merit. 
(c) SUPPLEMENTAL GRANTS.—The Administrator shall endeavor, 
where appropriate, to supplement grants made under subsection 
(b) with such grants for fellowships, traineeships, equipment, or 
instrumentation as are available. 
(d) INFORMATION IN ANNUAL BUDGET SUBMISSION.—In order to 
ensure that research expertise and talent throughout the Nation 
is developed and engaged in Administration research and education 
activities, the Administration shall, as part of its annual budget 
submission, detail additional steps that can be taken to further
H. R. 3237—66 
integrate the participating eligible States in both existing and new 
or emerging Administration research programs and center activities. 
§ 40904. Microgravity research 
The Administrator shall— 
(1) ensure the capacity to support ground-based research 
leading to space-based basic and applied scientific research 
in a variety of disciplines with potential direct national benefits 
and applications that can be advanced significantly from the 
uniqueness of microgravity and the space environment; and 
(2) carry out, to the maximum extent practicable, basic, 
applied, and commercial International Space Station research 
in fields such as molecular crystal growth, animal research, 
basic fluid physics, combustion research, cellular biotechnology, 
low-temperature physics, and cellular research at a level that 
will sustain the existing United States scientific expertise and 
research capability in microgravity research. 
§ 40905. Program to expand distance learning in rural under-
served areas 
(a) IN GENERAL.—The Administrator shall develop or expand 
programs to extend science and space educational outreach to rural 
communities and schools through video conferencing, interpretive 
exhibits, teacher education, classroom presentations, and student 
field trips. 
(b) PRIORITIES.—In carrying out subsection (a), the Administrator 
shall give priority to existing programs, including Challenger 
Learning Centers— 
(1) that utilize community-based partnerships in the field; 
(2) that build and maintain video conference and exhibit 
capacity; 
(3) that travel directly to rural communities and serve low- 
income populations; and 
(4) with a special emphasis on increasing the number of 
women and minorities in the science and engineering profes-
sions. 
§ 40906. Equal access to the Administration’s education pro-
grams 
(a) IN GENERAL.—The Administrator shall strive to ensure equal 
access for minority and economically disadvantaged students to 
the Administration’s education programs. 
(b) REPORT.—Every 2 years, the Administrator shall submit a 
report to the Committee on Science and Technology of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate describing the efforts by the Adminis-
trator to ensure equal access for minority and economically dis-
advantaged students under this section and the results of such 
efforts. As part of the report, the Administrator shall provide— 
(1) data on minority participation in the Administration’s 
education programs, at a minimum in the categories of— 
(A) elementary and secondary education; 
(B) undergraduate education; and 
(C) graduate education; and 
(2) the total value of grants the Administration made to 
Historically Black Colleges and Universities and to Hispanic
H. R. 3237—67 
Serving Institutions through education programs during the 
period covered by the report. 
(c) PROGRAM.—The Administrator shall establish the Dr. Mae 
C. Jemison Grant Program to work with Minority Serving Institu-
tions to bring more women of color into the field of space and 
aeronautics. 
§ 40907. Museums 
The Administrator may provide grants to, and enter into coopera-
tive agreements with, museums and planetariums to enable them 
to enhance programs related to space exploration, aeronautics, space 
science, Earth science, or microgravity. 
§ 40908. Continuation of certain education programs 
From amounts appropriated to the Administration for education 
programs, the Administrator shall ensure the continuation of the 
Space Grant Program, the Experimental Program to Stimulate 
Competitive Research, and, consistent with the results of the review 
under section 614 of the National Aeronautics and Space Adminis-
tration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 
2933), the Administration Explorer School program, to motivate 
and develop the next generation of explorers. 
§ 40909. Compliance with title IX of Education Amendments 
of 1972 
To comply with title IX of the Education Amendments of 1972 
(20 U.S.C. 1681 et seq.), the Administrator shall conduct compliance 
reviews of at least 2 grantees annually. 
Subtitle V—Programs Targeting 
Commercial Opportunities 
CHAPTER 501—SPACE COMMERCE 
SUBCHAPTER I—GENERAL 
Sec. 
50101.
Definitions. 
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES 
50111.
Commercialization of Space Station. 
50112.
Promotion of United States Global Positioning System standards. 
50113.
Acquisition of space science data. 
50114.
Administration of commercial space centers. 
50115.
Sources of Earth science data. 
50116.
Commercial technology transfer program. 
SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION 
SERVICES 
50131.
Requirement to procure commercial space transportation services. 
50132.
Acquisition of commercial space transportation services. 
50133.
Shuttle privatization. 
50134.
Use of excess intercontinental ballistic missiles. 
SUBCHAPTER I—GENERAL 
§ 50101. Definitions 
In this chapter:
H. R. 3237—68 
(1) COMMERCIAL PROVIDER.—The term ‘‘commercial provider’’ 
means any person providing space transportation services or 
other space-related activities, primary control of which is held 
by persons other than Federal, State, local, and foreign govern-
ments. 
(2) PAYLOAD.—The term ‘‘payload’’ means anything that a 
person undertakes to transport to, from, or within outer space, 
or in suborbital trajectory, by means of a space transportation 
vehicle, but does not include the space transportation vehicle 
itself except for its components which are specifically designed 
or adapted for that payload. 
(3) SPACE-RELATED
ACTIVITIES.—The term ‘‘space-related 
activities’’ includes research and development, manufacturing, 
processing, service, and other associated and support activities. 
(4) SPACE
TRANSPORTATION
SERVICES.—The term ‘‘space 
transportation services’’ means the preparation of a space 
transportation vehicle and its payloads for transportation to, 
from, or within outer space, or in suborbital trajectory, and 
the conduct of transporting a payload to, from, or within outer 
space, or in suborbital trajectory. 
(5) SPACE
TRANSPORTATION
VEHICLE.—The term ‘‘space 
transportation vehicle’’ means any vehicle constructed for the 
purpose of operating in, or transporting a payload to, from, 
or within, outer space, or in suborbital trajectory, and includes 
any component of such vehicle not specifically designed or 
adapted for a payload. 
(6) STATE.—The term ‘‘State’’ means each of the several States 
of the Union, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, and any 
other commonwealth, territory, or possession of the United 
States. 
(7) UNITED
STATES
COMMERCIAL
PROVIDER.—The term 
‘‘United States commercial provider’’ means a commercial pro-
vider, organized under the laws of the United States or of 
a State, that is— 
(A) more than 50 percent owned by United States 
nationals; or 
(B) a subsidiary of a foreign company and the Secretary 
of Transportation finds that— 
(i) such subsidiary has in the past evidenced a 
substantial commitment to the United States market 
through— 
(I) investments in the United States in long- 
term research, development, and manufacturing 
(including the manufacture of major components 
and subassemblies); and 
(II) significant contributions to employment in 
the United States; and 
(ii) the country or countries in which such foreign 
company is incorporated or organized, and, if appro-
priate, in which it principally conducts its business, 
affords reciprocal treatment to companies described 
in subparagraph (A) comparable to that afforded to 
such foreign company’s subsidiary in the United States, 
as evidenced by—
H. R. 3237—69 
(I) 
providing 
comparable 
opportunities 
for 
companies described in subparagraph (A) to 
participate in Government-sponsored research and 
development similar to that authorized under this 
chapter; 
(II) providing no barriers, to companies described 
in subparagraph (A) with respect to local invest-
ment opportunities, that are not provided to for-
eign companies in the United States; and 
(III) providing adequate and effective protection 
for the intellectual property rights of companies 
described in subparagraph (A). 
SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 
OPPORTUNITIES 
§ 50111. Commercialization of Space Station 
(a) POLICY.—Congress declares that a priority goal of constructing 
the International Space Station is the economic development of 
Earth orbital space. Congress further declares that free and 
competitive markets create the most efficient conditions for pro-
moting economic development, and should therefore govern the 
economic development of Earth orbital space. Congress further 
declares that the use of free market principles in operating, serv-
icing, allocating the use of, and adding capabilities to the Space 
Station, and the resulting fullest possible engagement of commercial 
providers and participation of commercial users, will reduce Space 
Station operational costs for all partners and the Federal Govern-
ment’s share of the United States burden to fund operations. 
(b) USE OF UNITED STATES COMMERCIALLY PROVIDED SERVICES.— 
(1) IN GENERAL.—In order to stimulate commercial use of 
space, help maximize the utility and productivity of the Inter-
national Space Station, and enable a commercial means of 
providing crew transfer and crew rescue services for the Inter-
national Space Station, the Administration shall— 
(A) make use of United States commercially provided 
International Space Station crew transfer and crew rescue 
services to the maximum extent practicable, if those 
commercial services have demonstrated the capability to 
meet Administration-specified ascent, entry, and Inter-
national Space Station proximity operations safety require-
ments; 
(B) limit, to the maximum extent practicable, the use 
of the Crew Exploration Vehicle to missions carrying astro-
nauts beyond low Earth orbit once commercial crew 
transfer and crew rescue services that meet safety require-
ments become operational; 
(C) facilitate, to the maximum extent practicable, the 
transfer of Administration-developed technologies to poten-
tial United States commercial crew transfer and rescue 
service providers, consistent with United States law; and 
(D) issue a notice of intent, not later than 180 days 
after October 15, 2008, to enter into a funded, competitively 
awarded Space Act Agreement with 2 or more commercial 
entities for a Phase 1 Commercial Orbital Transportation 
Services crewed vehicle demonstration program.
H. R. 3237—70 
(2) CONGRESSIONAL
INTENT.—It is the intent of Congress 
that funding for the program described in paragraph (1)(D) 
shall not come at the expense of full funding of the amounts 
authorized under section 101(3)(A) of the National Aeronautics 
and Space Administration Authorization Act of 2008 (Public 
Law 110–422, 122 Stat. 4783), and for future fiscal years, 
for Orion Crew Exploration Vehicle development, Ares I Crew 
Launch Vehicle development, or International Space Station 
cargo delivery. 
(3) ADDITIONAL
TECHNOLOGIES.—The Administration shall 
make International Space Station-compatible docking adaptors 
and other relevant technologies available to the commercial 
crew providers selected to service the International Space Sta-
tion. 
(4) CREW TRANSFER AND CREW RESCUE SERVICES CONTRACT.— 
If a commercial provider demonstrates the capability to provide 
International Space Station crew transfer and crew rescue serv-
ices and to satisfy Administration ascent, entry, and Inter-
national Space Station proximity operations safety require-
ments, the Administration shall enter into an International 
Space Station crew transfer and crew rescue services contract 
with that commercial provider for a portion of the Administra-
tion’s anticipated International Space Station crew transfer 
and crew rescue requirements from the time the commercial 
provider commences operations under contract with the 
Administration through calendar year 2016, with an option 
to extend the period of performance through calendar year 
2020. 
§ 50112. Promotion of United States Global Positioning 
System standards 
In order to support and sustain the Global Positioning System 
in a manner that will most effectively contribute to the national 
security, public safety, scientific, and economic interests of the 
United States, Congress encourages the President to— 
(1) ensure the operation of the Global Positioning System 
on a continuous worldwide basis free of direct user fees; 
(2) enter into international agreements that promote coopera-
tion with foreign governments and international organizations 
to— 
(A) establish the Global Positioning System and its aug-
mentations as an acceptable international standard; and 
(B) eliminate any foreign barriers to applications of the 
Global Positioning System worldwide; and 
(3) provide clear direction and adequate resources to the 
Assistant Secretary of Commerce for Communications and 
Information so that on an international basis the Assistant 
Secretary can— 
(A) achieve and sustain efficient management of the 
electromagnetic spectrum used by the Global Positioning 
System; and 
(B) protect that spectrum from disruption and inter-
ference. 
§ 50113. Acquisition of space science data 
(a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the 
term ‘‘space science data’’ includes scientific data concerning—
H. R. 3237—71 
(1) the elemental and mineralogical resources of the moon, 
asteroids, planets and their moons, and comets; 
(2) microgravity acceleration; and 
(3) solar storm monitoring. 
(b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Adminis-
trator shall, to the extent possible and while satisfying the scientific 
or educational requirements of the Administration, and where 
appropriate, of other Federal agencies and scientific researchers, 
acquire, where cost effective, space science data from a commercial 
provider. 
(c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM 
UNDER ACQUISITION LAWS.—Acquisitions of space science data by 
the Administrator shall be carried out in accordance with applicable 
acquisition laws and regulations (including chapters 137 and 140 
of title 10). For purposes of such law and regulations, space science 
data shall be considered to be a commercial item. Nothing in this 
subsection shall be construed to preclude the United States from 
acquiring, through contracts with commercial providers, sufficient 
rights in data to meet the needs of the scientific and educational 
community or the needs of other government activities. 
(d) SAFETY STANDARDS.—Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
(e) LIMITATION.—This section does not authorize the Administra-
tion to provide financial assistance for the development of commer-
cial systems for the collection of space science data. 
§ 50114. Administration of commercial space centers 
The Administrator shall administer the Commercial Space Center 
program in a coordinated manner from Administration head-
quarters in Washington, D.C. 
§ 50115. Sources of Earth science data 
(a) ACQUISITION.—The Administrator shall, to the extent possible 
and while satisfying the scientific or educational requirements of 
the Administration, and where appropriate, of other Federal agen-
cies and scientific researchers, acquire, where cost-effective, space- 
based and airborne Earth remote sensing data, services, distribu-
tion, and applications from a commercial provider. 
(b) TREATMENT
AS
COMMERCIAL
ITEM
UNDER
ACQUISITION 
LAWS.—Acquisitions by the Administrator of the data, services, 
distribution, and applications referred to in subsection (a) shall 
be carried out in accordance with applicable acquisition laws and 
regulations (including chapters 137 and 140 of title 10). For pur-
poses of such law and regulations, such data, services, distribution, 
and applications shall be considered to be a commercial item. 
Nothing in this subsection shall be construed to preclude the United 
States from acquiring, through contracts with commercial providers, 
sufficient rights in data to meet the needs of the scientific and 
educational community or the needs of other government activities. 
(c) SAFETY STANDARDS.—Nothing in this section shall be con-
strued to prohibit the Federal Government from requiring compli-
ance with applicable safety standards. 
(d) ADMINISTRATION AND EXECUTION.—This section shall be car-
ried out as part of the Commercial Remote Sensing Program at 
the Stennis Space Center.