I 
108TH CONGRESS 
2D SESSION 
H. R. 5336
To provide for a prize program to encourage development of space and 
aeronautics technologies and establish an endowment to further educate 
and inspire the public’s interest in space and aeronautics. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2004
Mr. ROHRABACHER introduced the following bill; which was referred to the 
Committee on Science 
A BILL 
To provide for a prize program to encourage development 
of space and aeronautics technologies and establish an 
endowment to further educate and inspire the public’s 
interest in space and aeronautics.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Space and Aeronautics 
Prize Act’’.
SEC. 2. NATIONAL ENDOWMENT FOR SPACE AND AERO-
NAUTICS. 
(a) ESTABLISHMENT.—There is established a Na-
tional Endowment for Space and Aeronautics (referred to 
in this Act as the ‘‘Endowment’’). 
(b) PURPOSE.—The purpose of the Endowment is—
(1) to further the public’s knowledge of and in-
spiration by the Earth, the Earth’s atmosphere, 
human and robotic spaceflight and science missions, 
and celestial bodies in space; 
(2) to carry out a program to award cash prizes 
in recognition of outstanding achievements in basic, 
advanced, and applied research, technology develop-
ment, and prototype demonstration that have the po-
tential for application to the Nation’s space and 
aeronautical endeavors in conjunction with, or inde-
pendent of, the National Aeronautics and Space Ad-
ministration (in this Act referred to as ‘‘NASA’’); 
(3) to carry out a program for tasteful adver-
tising of commercial products and services in con-
junction with the Nation’s space and aeronautics en-
deavors in conjunction with, or independent of, 
NASA; and 
(4) to encourage private gifts of real and per-
sonal property or any income therefrom or other in-
terest therein for the benefit of, or in connection
with, the Nation’s aeronautics and space endeavors 
to include those of the National Aeronautics and 
Space Administration, its activities and its services. 
(c) CHAIRPERSON OF THE ENDOWMENT.—The En-
dowment shall be headed by a Chairperson, who shall be 
appointed by the President, by and with the advice and 
consent of the Senate. Under the supervision and direction 
of the President, the Chairperson shall be responsible for 
the exercise of all powers and the discharge of all duties 
of the Endowment, and shall have authority and control 
over all personnel and activities thereof. The Chairperson 
shall not engage in any other business, vocation, or em-
ployment while serving as such. 
(d) TERMS.—The Chairperson shall serve for a term 
of 4 years and shall be eligible for reappointment. Upon 
expiration of the chairperson’s term of office the Chair-
person shall serve until the Chairperson’s successor shall 
be appointed. 
(e) DUTIES.—The Chairperson shall correlate the 
programs of the Endowment, insofar as practicable, with 
existing programs of Federal, State, regional, or private 
groups, and shall develop the programs of the Endowment 
with due regard to the contribution to the objectives of 
this section which can be made by other Federal agencies 
under existing programs. The Chairperson may enter into
interagency agreements to promote or assist the space and 
aeronautics activities of other Federal agencies on a reim-
bursable or nonreimbursable basis, and may use funds au-
thorized to be appropriated for the purposes of subsection 
(b) for the costs of such activities. 
(f) AUTHORITY OF ENDOWMENT.—In the perform-
ance of carrying out the purposes specified in subsection 
(b), the Endowment is authorized—
(1) to make, promulgate, issue, rescind, and 
amend rules and regulations governing the manner 
of its operations and the exercise of the powers vest-
ed in it by law; 
(2) to appoint and fix the compensation of such 
officers and employees as may be necessary to carry 
out the purposes specified in subsection (b), in ac-
cordance with civil service laws; and 
(3) to appoint such advisory committees as may 
be appropriate for purposes of consultation and ad-
vice to the Endowment. 
(g) GIFTS; DEVISES; BEQUESTS.—
(1) IN GENERAL.—Except as provided in sub-
paragraph (2), the Endowment may accept, receive, 
solicit, hold, administer, and use any gifts, devises, 
or bequests, either absolutely or in trust, of real or 
personal property or any income therefrom or other
interest therein for the benefit of or in connection 
with the Nation’s aeronautics and space endeavors 
to include those of NASA, its activities or its serv-
ices, including a gift, devise, or bequest that is en-
cumbered, restricted, or subject to beneficial inter-
ests of private persons if any current or future inter-
est therein is for the benefit of the Nation’s aero-
nautics and space endeavors or NASA, its activities 
or its services. For purposes of this paragraph, an 
interest in real property includes easements or other 
rights for preservation, conservation, protection, or 
enhancement by and for the public of natural, sce-
nic, historic, scientific, educational, inspirational, or 
recreational resources. 
(2) LIMITATION.—The Endowment may not ac-
cept a gift, devise, or bequest which entails any ex-
penditure other than from the resources of the En-
dowment. 
(3) PROPERTY OF THE UNITED STATES.—Gifts 
and other transfers made to or for the use of the 
Endowment shall be regarded as contributions, gifts, 
or transfers to or for the use of the United States. 
(h) POWERS OF THE ENDOWMENT.—
(1) CONTRACT.—The Endowment, with the ad-
vice of NASA and other agencies as appropriate,
shall have the power to enter into contracts or 
grants, to execute instruments, and generally to do 
any and all lawful acts necessary or appropriate con-
sistent with the purposes of the Endowment speci-
fied in subsection (b). 
(2) PAYMENT.—No payment shall be made 
under this section except upon application therefor 
which is submitted to the Endowment in accordance 
with regulations issued and procedures established 
by the Chairperson. Neither NASA nor any em-
ployee thereof is authorized to accept funds from the 
Endowment. 
(3) COORDINATION WITH NASA.—The Endow-
ment may utilize the services and facilities of NASA, 
and such services and facilities may be made avail-
able on request to the extent practicable without re-
imbursement therefor. 
(i) REPORTING.—Promptly at the end of each fiscal 
year, the Endowment shall transmit to Congress an an-
nual report of its proceedings and activities, including a 
full and complete statement of its receipts, expenditures, 
and investments.
SEC. 3. PRIZE AWARD PROGRAM TO ENCOURAGE DEVELOP-
MENT OF ADVANCED SPACE AND AERO-
NAUTICAL TECHNOLOGIES. 
(a) AUTHORITY.—The Chairperson may carry out a 
program to award cash prizes in recognition of out-
standing achievements in basic, advanced, and applied re-
search, technology development, and prototype demonstra-
tion that have the potential for application to the perform-
ance of the space and aeronautical activities of the Na-
tional Aeronautics and Space Administration. 
(b) COMPETITION
REQUIREMENTS.—The Endow-
ment shall—
(1) widely advertise prize competitions and use 
a competitive process for the selection of recipients 
of prizes under this section. 
(2) make a determination prior to the advertise-
ment required under paragraph (1) if an individual 
prize might have benefits for private entities within 
the United States as well as NASA. 
(c) REGISTRATION.—
(1) IN
GENERAL.—The Endowment shall re-
quire potential recipients of prizes to register for any 
prize competition under the program established 
under this section, and, as part of the registration 
process, to assume any and all risks and waive 
claims against the United States Government and
its related entities for any injury, death, damage, 
loss of property or revenue or profits, whether di-
rect, indirect or consequential, arising from their 
participation in a competition, whether such injury, 
death, damage or loss arises through negligence or 
otherwise, except in the case of willful misconduct. 
(2) RELATED ENTITY.—The term ‘‘related enti-
ty’’ includes a contractor or subcontractor at any 
tier, a supplier, user, customer, cooperating party, 
grantee, investigator or detailee. 
(d) LIMITATIONS.—The following limitations apply: 
(1) The total amount of cash prizes budgeted in 
a fiscal year may not exceed $150,000,000. 
(2) No prize competition may result in the 
award of more than $10,000,000 in cash prizes 
without the approval of the Chairperson or designee. 
(e) AVAILABILITY OF FUNDS.—Funds appropriated 
for the program authorized by this section shall remain 
available for 2 years. 
(f) REPORT.—The Chairperson shall transmit to the 
Committees on Appropriations and on Commerce, Science, 
and Transportation of the Senate and to the Committees 
on Appropriations and on Science of the House of Rep-
resentatives a report on the administration of the program 
for that fiscal year. The report shall include—
(1) the space and aeronautics applications for 
which cash prizes were awarded; 
(2) the total amount of the cash prizes award-
ed; and 
(3) the methods used for solicitation and eval-
uation of submissions, together with an assessment 
of the effectiveness of those methods. 
SEC. 4. ORBITAL DEMONSTRATION PRIZE AUTHORITY. 
(a) IN GENERAL.—The Endowment shall carry out 
a program to award a prize for the demonstration of a 
space flight vehicle to carry at least 1 person to a min-
imum altitude of 400 kilometers originating from within 
the United States or its territories, complete at least 3 
complete orbits of the Earth, and return safely to the 
Earth. It is highly desirable for the space flight vehicle 
to demonstrate a high degree of reusability for future 
flights beyond the demonstration flight. 
(b) ADDITIONAL REQUIREMENTS.—In order to be eli-
gible for the prize described in this section, the space flight 
vehicle—
(1) shall be built with the capacity to carry a 
minimum of 3 persons; 
(2) shall not have been substantially developed 
under a contract or grant from any foreign or do-
mestic government;
(3) may use a foreign or domestic space launch 
vehicle to launch the space flight vehicle to orbit; 
and 
(4) comply with, or obtain waivers for, all inter-
national, national, regional, or local laws or regula-
tions which pertain to the activities described in this 
section. 
(c) AMOUNT OF PRIZE.—The total amount of cash 
prize for the program described in this section may not 
exceed $100,000,000. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary to carry out this Act.
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