quire the use of the best available technology for ensuring the full 
reliability and accuracy of controlled substances tests and strict 
procedures governing the chain of custody of specimen samples 
collected for controlled substances testing; 
(B) establish the minimum list of controlled substances for 
which individuals may be tested; and 
(C) establish appropriate standards and procedures for periodic 
review of laboratories and criteria for certification and revocation 
of certification of laboratories to perform controlled substances 
testing in carrying out this section; 
(3) require that all laboratories involved in the controlled substances 
testing of any individual under this section shall have the capability 
and facility, at such laboratory, of performing screening and confirma-
tion tests; 
(4) provide that all tests which indicate the use, in violation of appli-
cable law or Federal regulation, of alcohol or a controlled substance by 
any individual shall be confirmed by a scientifically recognized method 
of testing capable of providing quantitative data regarding alcohol or 
a controlled substance; 
(5) provide that each specimen sample be subdivided, secured, and 
labelled in the presence of the tested individual and that a portion 
thereof be retained in a secure manner to prevent the possibility of 
tampering, so that in the event the individual’s confirmation test re-
sults are positive the individual has an opportunity to have the retained 
portion assayed by a confirmation test done independently at a second 
certified laboratory if the individual requests the independent test with-
in 3 days after being advised of the results of the initial confirmation 
test; 
(6) ensure appropriate safeguards for testing to detect and quantify 
alcohol in breath and body fluid samples, including urine and blood, 
through the development of regulations as may be necessary and in 
consultation with the Department of Health and Human Services; 
(7) provide for the confidentiality of test results and medical infor-
mation of employees; and 
(8) ensure that employees are selected for tests by nondiscriminatory 
and impartial methods, so that no employee is harassed by being treat-
ed differently from other employees in similar circumstances. 
(g) EFFECT ON OTHER LAWS AND REGULATIONS.— 
(1) CONSISTENCY WITH FEDERAL REGULATION.—No State or local 
government shall adopt or have in effect any law, rule, regulation, ordi-
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nance, standard, or order that is inconsistent with the regulations pro-
mulgated under this section. 
(2) CONTINUANCE OF REGULATIONS ISSUED BEFORE DECEMBER 9, 
1991.—Nothing in this section shall be construed to restrict the discre-
tion of the Administrator to continue in force, amend, or further sup-
plement any regulations issued before December 9, 1991, that govern 
the use of alcohol and controlled substances by Administration employ-
ees with responsibility for safety-sensitive, security, and national secu-
rity functions (as determined by the Administrator), or by Administra-
tion contractor employees with such responsibility. 
CHAPTER 313—MISCELLANEOUS 
Sec. 
31301.
Peaceful uses of space station. 
31302.
Orbital debris. 
31303.
Healthcare program. 
§ 31301. 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. 
§ 31302. Orbital debris 
The Administrator, in conjunction with the heads of other Federal agen-
cies, shall take steps to develop or acquire technologies that will enable the 
Administration to decrease the risks associated with orbital debris. 
§ 31303. Healthcare program 
The Administrator shall develop a plan to better understand the longitu-
dinal health effects of space flight on humans. In the development of the 
plan, the Administrator shall consider the need for the establishment of a 
lifetime healthcare program for Administration astronauts and their families 
or other methods to obtain needed health data from astronauts and retired 
astronauts. 
Subtitle IV—Aeronautics and Space Research and 
Education 
Chapter 
Sec. 
401. Aeronautics .................................................................................................
40101 
403. National Space Grant College and Fellowship Program ...........
40301 
405. Biomedical Research in Space .............................................................
40501 
407. Miscellaneous .............................................................................................
40701 
CHAPTER 401—AERONAUTICS 
SUBCHAPTER I—GENERAL 
Sec. 
40101.
Definition of institution of higher education. 
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40102.
Governmental interest in aeronautics research and development. 
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND 
DEVELOPMENT PROGRAMS 
40111.
Fundamental research program. 
40112.
Research and technology programs. 
40113.
Airspace systems research. 
40114.
Aviation safety and security research. 
40115.
Aviation weather research. 
40116.
Assessment of wake turbulence research and development program. 
40117.
University-based Centers for Research on Aviation Training. 
SUBCHAPTER III—SCHOLARSHIPS 
40131.
Aeronautics scholarships. 
SUBCHAPTER IV—DATA REQUESTS 
40141.
Aviation data requests. 
SUBCHAPTER I—GENERAL 
§ 40101. Definition of institution of higher education 
In this chapter, the term ‘‘institution of higher education’’ has the mean-
ing given the term by section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001). 
§ 40102. Governmental interest in aeronautics research and 
development 
Congress reaffirms the national commitment to aeronautics research 
made in chapter 201 of this title. Aeronautics research and development re-
mains a core mission of the Administration. The Administration is the lead 
agency for civil aeronautics research. Further, the government of the United 
States shall promote aeronautics research and development that will expand 
the capacity, ensure the safety, and increase the efficiency of the Nation’s 
air transportation system, promote the security of the Nation, protect the 
environment, and retain the leadership of the United States in global avia-
tion. 
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH 
AND DEVELOPMENT PROGRAMS 
§ 40111. Fundamental research program 
(a) OBJECTIVE.—In order to ensure that the Nation maintains needed 
capabilities in fundamental areas of aeronautics research, the Administrator 
shall establish a program of long-term fundamental research in aeronautical 
sciences and technologies that is not tied to specific development projects. 
(b) OPERATION.—The Administrator shall conduct the program under 
this section, in part by awarding grants to institutions of higher education. 
The Administrator shall encourage the participation of institutions of higher 
education located in States that participate in the Experimental Program 
to Stimulate Competitive Research. All grants to institutions of higher edu-
cation under this section shall be awarded through merit review. 
(c) ASSESSMENT.—The Administrator shall enter into an arrangement 
with the National Research Council for an assessment of the Nation’s fu-
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ture requirements for fundamental aeronautics research and whether the 
Nation will have a skilled research workforce and research facilities com-
mensurate with those requirements. The assessment shall include an identi-
fication of any projected gaps, and recommendations for what steps should 
be taken by the Federal Government to eliminate those gaps. 
(d) REPORT.—The Administrator shall transmit the assessment, along 
with the Administration’s response to the assessment, to Congress not later 
than 2 years after December 30, 2005. 
§ 40112. Research and technology programs 
(a) ENVIRONMENTAL AIRCRAFT RESEARCH AND DEVELOPMENT.—The 
Administrator may establish an initiative with the objective of developing, 
and demonstrating in a relevant environment, technologies to enable the fol-
lowing commercial aircraft performance characteristics: 
(1) NOISE.—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 air-
craft would normally operate. 
(2) ENERGY CONSUMPTION.—Twenty-five percent reduction in the 
energy required for medium- to long-range flights, compared to aircraft 
in commercial service as of December 30, 2005. 
(3) EMISSIONS.—Nitrogen oxides on take-off and landing that are 
significantly reduced, without adversely affecting hydrocarbons and 
smoke, relative to aircraft in commercial service as of December 30, 
2005. 
(b) SUPERSONIC TRANSPORT RESEARCH AND DEVELOPMENT.—The Ad-
ministrator may establish an initiative with the objective of developing and 
demonstrating, in a relevant environment, airframe and propulsion tech-
nologies to enable efficient, economical overland flight of supersonic civil 
transport aircraft with no significant impact on the environment. 
(c) ROTORCRAFT AND OTHER RUNWAY-INDEPENDENT AIR VEHICLES.— 
The Administrator may establish a rotorcraft and other runway-independent 
air vehicles initiative with the objective of developing and demonstrating im-
proved safety, noise, and environmental impact in a relevant environment. 
(d) HYPERSONICS
RESEARCH.—The Administrator may establish a 
hypersonics research program with the objective of exploring the science and 
technology of hypersonic flight using air-breathing propulsion concepts, 
through a mix of theoretical work, basic and applied research, and develop-
ment of flight research demonstration vehicles. The program may also in-
clude the transition to the hypersonic range of Mach 3 to Mach 5. 
(e) REVOLUTIONARY AERONAUTICAL CONCEPTS.—The Administrator 
may establish a research program which covers a unique range of subsonic, 
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fixed wing vehicles and propulsion concepts. This research is intended to 
push technology barriers beyond current subsonic technology. Propulsion 
concepts include advanced materials, morphing engines, hybrid engines, and 
fuel cells. 
(f) FUEL CELL-POWERED AIRCRAFT RESEARCH.— 
(1) OBJECTIVE.—The Administrator may establish a fuel cell-pow-
ered aircraft research program whose objective shall be to develop and 
test concepts to enable a hydrogen fuel cell-powered aircraft that would 
have no hydrocarbon or nitrogen oxide emissions into the environment. 
(2) APPROACH.—The Administrator may establish a program of 
competitively awarded grants available to teams of researchers that 
may include the participation of individuals from universities, industry, 
and government for the conduct of this research. 
(g) MARS AIRCRAFT RESEARCH.— 
(1) OBJECTIVE.—The Administrator may establish a Mars Aircraft 
project whose objective shall be to develop and test concepts for an 
uncrewed aircraft that could operate for sustained periods in the at-
mosphere of Mars. 
(2) APPROACH.—The Administrator may establish a program of 
competitively awarded grants available to teams of researchers that 
may include the participation of individuals from universities, industry, 
and government for the conduct of this research. 
§ 40113. Airspace systems research 
(a) OBJECTIVE.—The Airspace Systems Research program shall pursue 
research and development to enable revolutionary improvements to and mod-
ernization of the National Airspace System, as well as to enable the intro-
duction of new systems for vehicles that can take advantage of an improved, 
modern air transportation system. 
(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 
Administrator shall align the projects of the Airspace Systems Research 
program so that they directly support the objectives of the Joint Planning 
and Development Office’s Next Generation Air Transportation System Inte-
grated Plan. 
§ 40114. Aviation safety and security research 
(a) OBJECTIVE.—The Aviation Safety and Security Research program 
shall pursue research and development activities that directly address the 
safety and security needs of the National Airspace System and the aircraft 
that fly in it. The program shall develop prevention, intervention, and miti-
gation technologies aimed at causal, contributory, or circumstantial factors 
of aviation accidents. 
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(b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the 
Administrator shall align the projects of the Aviation Safety and Security 
Research program so that they directly support the objectives of the Joint 
Planning and Development Office’s Next Generation Air Transportation 
System Integrated Plan. 
§ 40115. Aviation weather research 
The Administrator may carry out a program of collaborative research 
with the National Oceanic and Atmospheric Administration on convective 
weather events, with the goal of significantly improving the reliability of 2- 
hour to 6-hour aviation weather forecasts. 
§ 40116. Assessment of wake turbulence research and devel-
opment program 
(a) ASSESSMENT.—The Administrator shall enter into an arrangement 
with the National Research Council for an assessment of Federal wake tur-
bulence research and development programs. The assessment shall address 
at least the following questions: 
(1) Are the Federal research and development goals and objectives 
well defined? 
(2) Are there any deficiencies in the Federal research and develop-
ment goals and objectives? 
(3) What roles should be played by each of the relevant Federal 
agencies, such as the Administration, the Federal Aviation Administra-
tion, and the National Oceanic and Atmospheric Administration, in 
wake turbulence research and development? 
(b) REPORT.—A report containing the results of the assessment con-
ducted pursuant to subsection (a) shall be provided to Congress not later 
than 2 years after December 30, 2005. 
§ 40117. University-based Centers for Research on Aviation 
Training 
(a) IN GENERAL.—The Administrator may award grants to institutions 
of higher education (or consortia thereof) to establish one or more Centers 
for Research on Aviation Training under cooperative agreements with ap-
propriate Administration Centers. 
(b) PURPOSE.—The purpose of the Centers for Research on Aviation 
Training shall be to investigate the impact of new technologies and proce-
dures, particularly those related to the aircraft flight deck and to the air 
traffic management functions, on training requirements for pilots and air 
traffic controllers. 
(c) APPLICATION.—An institution of higher education (or a consortium 
of such institutions) seeking funding under this section shall submit an ap-
plication to the Administrator at such time, in such manner, and containing 
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such information as the Administrator may require, including, at a min-
imum, a 5-year research plan. 
(d) AWARD DURATION.—An award made by the Administrator under this 
section shall be for a period of 5 years and may be renewed on the basis 
of— 
(1) satisfactory performance in meeting the goals of the research 
plan proposed in the application submitted under subsection (c); and 
(2) other requirements as specified by the Administrator. 
SUBCHAPTER III—SCHOLARSHIPS 
§ 40131. Aeronautics scholarships 
(a) ESTABLISHMENT.—The Administrator shall establish a program of 
scholarships for full-time graduate students who are United States citizens 
and are enrolled in, or have been accepted by and have indicated their inten-
tion to enroll in, accredited Masters degree programs in aeronautical engi-
neering or equivalent programs at institutions of higher education. Each 
such scholarship shall cover the costs of room, board, tuition, and fees, and 
may be provided for a maximum of 2 years. 
(b) IMPLEMENTATION.—Not later than 180 days after December 30, 
2005, the Administrator shall publish regulations governing the scholarship 
program under this section. 
(c) COOPERATIVE TRAINING OPPORTUNITIES.—Students who have been 
awarded a scholarship under this section shall have the opportunity for paid 
employment at one of the Administration Centers engaged in aeronautics re-
search and development during the summer prior to the first year of the 
student’s Masters program, and between the first and second year, if appli-
cable. 
SUBCHAPTER IV—DATA REQUESTS 
§ 40141. Aviation data requests 
The Administrator shall make available upon request satellite imagery 
and aerial photography of remote terrain that the Administration owns at 
the time of the request to the Administrator of the Federal Aviation Admin-
istration or the Director of the Five Star Medallion Program, to assist and 
train pilots in navigating challenging topographical features of such terrain. 
CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND 
FELLOWSHIP PROGRAM 
Sec. 
40301.
Congressional statement of findings. 
40302.
Congressional statement of purposes. 
40303.
Definitions. 
40304.
National space grant college and fellowship program. 
40305.
Grants or contracts. 
40306.
Specific national needs. 
40307.
Space grant college and space grant regional consortium. 
40308.
Space grant fellowship program. 
40309.
Space grant review panel. 
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40310.
Availability of other Federal personnel and data. 
40311.
Designation or award to be on competitive basis. 
§ 40301. Congressional statement of findings 
Congress finds that— 
(1) the vitality of the Nation and the quality of life of the citizens 
of the Nation depend increasingly on the understanding, assessment, 
development, and utilization of space resources; 
(2) research and development of space science, space technology, and 
space commercialization will contribute to the quality of life, national 
security, and the enhancement of commerce; 
(3) the understanding and development of the space frontiers require 
a broad commitment and an intense involvement on the part of the 
Federal Government in partnership with State and local governments, 
private industry, universities, organizations, and individuals concerned 
with the exploration and utilization of space; 
(4) the Administration, through the national space grant college and 
fellowship program, offers the most suitable means for such commit-
ment and involvement through the promotion of activities that will re-
sult in greater understanding, assessment, development, and utilization; 
and 
(5) Federal support of the establishment, development, and operation 
of programs and projects by space grant colleges, space grant regional 
consortia, institutions of higher education, institutes, laboratories, and 
other appropriate public and private entities is the most cost-effective 
way to promote such activities. 
§ 40302. Congressional statement of purposes 
The purposes of this chapter are to— 
(1) increase the understanding, assessment, development, and utiliza-
tion of space resources by promoting a strong educational base, respon-
sive research and training activities, and broad and prompt dissemina-
tion of knowledge and techniques; 
(2) utilize the abilities and talents of the universities of the Nation 
to support and contribute to the exploration and development of the 
resources and opportunities afforded by the space environment; 
(3) encourage and support, within the university community of the 
Nation, the existence of interdisciplinary and multidisciplinary pro-
grams of space research that— 
(A) engage in integrated activities of training, research, and 
public service; 
(B) have cooperative programs with industry; and 
(C) are coordinated with the overall program of the Administra-
tion; 
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(4) encourage and support the existence of consortia, made up of 
university and industry members, in order to advance the exploration 
and development of space resources in cases in which national objec-
tives can be better fulfilled through such consortia than through the 
programs of single universities; 
(5) encourage and support Federal funding for graduate fellowships 
in fields related to space; and 
(6) support activities in colleges and universities generally for the 
purpose of creating and operating a network of institutional programs 
that will enhance achievements resulting from efforts under this chap-
ter. 
§ 40303. Definitions 
In this chapter: 
(1) AERONAUTICAL
AND
SPACE
ACTIVITIES.—The term ‘‘aero-
nautical and space activities’’ has the meaning given the term in sec-
tion 20103 of this title. 
(2) FIELD RELATED TO SPACE.—The term ‘‘field related to space’’ 
means any academic discipline or field of study (including the physical, 
natural, and biological sciences, and engineering, space technology, edu-
cation, economics, sociology, communications, planning, law, inter-
national affairs, and public administration) which is concerned with or 
likely to improve the understanding, assessment, development, and uti-
lization of space. 
(3) PANEL.—The term ‘‘panel’’ means the space grant review panel 
established pursuant to section 40309 of this title. 
(4) PERSON.—The term ‘‘person’’ means any individual, any public 
or private corporation, partnership, or other association or entity (in-
cluding any space grant college, space grant regional consortium, insti-
tution of higher education, institute, or laboratory), or any State, polit-
ical subdivision of a State, or agency or officer of a State or political 
subdivision of a State. 
(5) SPACE ENVIRONMENT.—The term ‘‘space environment’’ means 
the environment beyond the sensible atmosphere of the Earth. 
(6) SPACE GRANT COLLEGE.—The term ‘‘space grant college’’ means 
any public or private institution of higher education which is designated 
as such by the Administrator pursuant to section 40307 of this title. 
(7) SPACE
GRANT
PROGRAM.—The term ‘‘space grant program’’ 
means any program that— 
(A) is administered by any space grant college, space grant re-
gional consortium, institution of higher education, institute, lab-
oratory, or State or local agency; and 
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(B) includes 2 or more projects involving education and one or 
more of the following activities in the fields related to space: 
(i) Research. 
(ii) Training. 
(iii) Advisory services. 
(8) SPACE GRANT REGIONAL CONSORTIUM.—The term ‘‘space grant 
regional consortium’’ means any association or other alliance that is 
designated as a space grant regional consortium by the Administrator 
pursuant to section 40307 of this title. 
(9) SPACE RESOURCE.—The term ‘‘space resource’’ means any tan-
gible or intangible benefit which can be realized only from— 
(A) aeronautical and space activities; or 
(B) advancements in any field related to space. 
(10) STATE.—The term ‘‘State’’ means any State of the United 
States, the District of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, or any other territory or possession of the 
United States. 
§ 40304. National space grant college and fellowship pro-
gram 
(a) ESTABLISHMENT.—The Administrator shall establish and maintain, 
within the Administration, a program to be known as the national space 
grant college and fellowship program. The national space grant college and 
fellowship program shall consist of the financial assistance and other activi-
ties provided for in this chapter. The Administrator shall establish long- 
range planning guidelines and priorities, and adequately evaluate the pro-
gram. 
(b) FUNCTIONS.—Within the Administration, the program shall— 
(1) apply the long-range planning guidelines and the priorities estab-
lished by the Administrator under subsection (a); 
(2) advise the Administrator with respect to the expertise and capa-
bilities which are available through the national space grant college and 
fellowship program, and make such expertise available to the Adminis-
tration as directed by the Administrator; 
(3) evaluate activities conducted under grants and contracts awarded 
pursuant to sections 40305 and 40306 of this title to ensure that the 
purposes set forth in section 40302 of this title are implemented; 
(4) encourage other Federal departments, agencies, and instrumen-
talities to use and take advantage of the expertise and capabilities 
which are available through the national space grant college and fellow-
ship program, on a cooperative or other basis; 
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(5) encourage cooperation and coordination with other Federal pro-
grams concerned with the development of space resources and fields re-
lated to space; 
(6) advise the Administrator on the designation of recipients sup-
ported by the national space grant college and fellowship program and, 
in appropriate cases, on the termination or suspension of any such des-
ignation; and 
(7) encourage the formation and growth of space grant and fellow-
ship programs. 
(c) GENERAL AUTHORITIES.—To carry out the provisions of this chapter, 
the Administrator may— 
(1) accept conditional or unconditional gifts or donations of services, 
money, or property, real, personal or mixed, tangible or intangible; 
(2) accept and use funds from other Federal departments, agencies, 
and instrumentalities to pay for fellowships, grants, contracts, and 
other transactions; and 
(3) issue such rules and regulations as may be necessary and appro-
priate. 
§ 40305. Grants or contracts 
(a) AUTHORITY
OF ADMINISTRATOR.—The Administrator may make 
grants and enter into contracts or other transactions under this subsection 
to assist any space grant and fellowship program or project if the Adminis-
trator finds that the program or project will carry out the purposes set forth 
in section 40302 of this title. The total amount paid pursuant to a grant 
or contract may equal not more than 66 percent of the total cost of the 
space grant and fellowship program or project involved, except in the case 
of grants or contracts paid for with funds accepted by the Administrator 
pursuant to section 40304(c)(2) of this title. 
(b) SPECIAL GRANTS.—The Administrator may make special grants 
under this subsection to carry out the purposes set forth in section 40302 
of this title. The amount of a special grant may equal up to 100 percent 
of the total cost of the project involved. A special grant may be made under 
this subsection only if the Administrator finds that— 
(1) no reasonable means is available through which the applicant can 
meet the matching requirement for a grant under subsection (a); 
(2) the probable benefit of the project outweighs the public interest 
in the matching requirement; and 
(3) the same or equivalent benefit cannot be obtained through the 
award of a contract or grant under subsection (a) or section 40306 of 
this title. 
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(c) APPLICATION.—Any person may apply to the Administrator for a 
grant or contract under this section. Application shall be made in such form 
and manner, and with such content and other submissions, as the Adminis-
trator shall by regulation prescribe. 
(d) TERMS AND CONDITIONS.— 
(1) IN GENERAL.—Any grant made, or contract entered into, under 
this section shall be subject to the limitations and provisions set forth 
in paragraphs (2) and (3) and to such other terms, conditions, and re-
quirements as the Administrator considers necessary or appropriate. 
(2) LIMITATIONS.—No payment under any grant or contract under 
this section may be applied to— 
(A) the purchase of any land; 
(B) the purchase, construction, preservation, or repair of any 
building; or 
(C) the purchase or construction of any launch facility or launch 
vehicle. 
(3) LEASES.—Notwithstanding paragraph (2), the items in subpara-
graphs (A), (B), and (C) of such paragraph may be leased upon writ-
ten approval of the Administrator. 
(4) RECORDS.—Any person that receives or utilizes any proceeds of 
any grant or contract under this section shall keep such records as the 
Administrator shall by regulation prescribe as being necessary and ap-
propriate to facilitate effective audit and evaluation, including records 
which fully disclose the amount and disposition by such recipient of 
such proceeds, the total cost of the program or project in connection 
with which such proceeds were used, and the amount, if any, of such 
cost which was provided through other sources. Such records shall be 
maintained for 3 years after the completion of such a program or 
project. The Administrator and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have ac-
cess, for the purpose of audit and evaluation, to any books, documents, 
papers, and records of receipts which, in the opinion of the Adminis-
trator or the Comptroller General, may be related or pertinent to such 
grants and contracts. 
§ 40306. Specific national needs 
(a) IDENTIFICATION OF SPECIFIC NEEDS AND GRANT-MAKING AND CON-
TRACTING AUTHORITY.—The Administrator shall identify specific national 
needs and problems relating to space. The Administrator may make grants 
or enter into contracts under this section with respect to such needs or 
problems. The amount of any such grant or contract may equal up to 100 
percent of the total cost of the project involved. 
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(b) APPLICATIONS FOR GRANTS OR CONTRACTS.—Any person may apply 
to the Administrator for a grant or contract under this section. In addition, 
the Administrator may invite applications with respect to specific national 
needs or problems identified under subsection (a). Application shall be made 
in such form and manner, and with such content and other submissions, 
as the Administrator shall by regulation prescribe. Any grant made, or con-
tract entered into, under this section shall be subject to the limitations and 
provisions set forth in paragraphs (2) and (4) of section 40305(d) of this 
title and to such other terms, conditions, and requirements as the Adminis-
trator considers necessary or appropriate. 
§ 40307. Space grant college and space grant regional con-
sortium 
(a) DESIGNATION AND QUALIFICATIONS.— 
(1) AUTHORITY
TO
DESIGNATE.—The Administrator may des-
ignate— 
(A) any institution of higher education as a space grant college; 
and 
(B) any association or other alliance of 2 or more persons, other 
than individuals, as a space grant regional consortium. 
(2) SPACE
GRANT
COLLEGE
REQUIREMENTS.—No institution of 
higher education may be designated as a space grant college unless the 
Administrator finds that such institution— 
(A) is maintaining a balanced program of research, education, 
training, and advisory services in fields related to space; 
(B) will act in accordance with such guidelines as are prescribed 
under subsection (b)(2); and 
(C) meets such other qualifications as the Administrator con-
siders necessary or appropriate. 
(3) SPACE GRANT REGIONAL CONSORTIUM REQUIREMENTS.—No as-
sociation or other alliance of 2 or more persons may be designated as 
a space grant regional consortium unless the Administrator finds that 
such association or alliance— 
(A) is established for the purpose of sharing expertise, research, 
educational facilities or training facilities, and other capabilities in 
order to facilitate research, education, training, and advisory serv-
ices in any field related to space; 
(B) will encourage and follow a regional approach to solving 
problems or meeting needs relating to space, in cooperation with 
appropriate space grant colleges, space grant programs, and other 
persons in the region; 
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(C) will act in accordance with such guidelines as are prescribed 
under subsection (b)(2); and 
(D) meets such other qualifications as the Administrator con-
siders necessary or appropriate. 
(b) QUALIFICATIONS AND GUIDELINES.—The Administrator shall by reg-
ulation prescribe— 
(1) the qualifications required to be met under paragraphs (2)(C) 
and (3)(D) of subsection (a); and 
(2) guidelines relating to the activities and responsibilities of space 
grant colleges and space grant regional consortia. 
(c) SUSPENSION OR TERMINATION OF DESIGNATION.—The Administrator 
may, for cause and after an opportunity for hearing, suspend or terminate 
any designation under subsection (a). 
§ 40308. Space grant fellowship program 
(a) AWARD OF FELLOWSHIPS.—The Administrator shall support a space 
grant fellowship program to provide educational and training assistance to 
qualified individuals at the graduate level of education in fields related to 
space. Such fellowships shall be awarded pursuant to guidelines established 
by the Administrator. Space grant fellowships shall be awarded to individ-
uals at space grant colleges, space grant regional consortia, other colleges 
and institutions of higher education, professional associations, and institutes 
in such a manner as to ensure wide geographic and institutional diversity 
in the pursuit of research under the fellowship program. 
(b) LIMITATION ON AMOUNT PROVIDED.—The total amount which may 
be provided for grants under the space grant fellowship program during any 
fiscal year shall not exceed an amount equal to 50 percent of the total funds 
appropriated for such year pursuant to this chapter. 
(c) AUTHORITY TO SPONSOR OTHER RESEARCH FELLOWSHIP PROGRAMS 
UNAFFECTED.—Nothing in this section shall be construed to prohibit the 
Administrator from sponsoring any research fellowship program, including 
any special emphasis program, which is established under an authority other 
than this chapter. 
§ 40309. Space grant review panel 
(a) ESTABLISHMENT.—The Administrator shall establish an independent 
committee known as the space grant review panel, which shall not be subject 
to the provisions of the Federal Advisory Committee Act (5 App. U.S.C.). 
(b) DUTIES.—The panel shall take such steps as may be necessary to re-
view, and shall advise the Administrator with respect to— 
(1) applications or proposals for, and performance under, grants and 
contracts awarded pursuant to sections 40305 and 40306 of this title; 
(2) the space grant fellowship program; 
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(3) the designation and operation of space grant colleges and space 
grant regional consortia, and the operation of space grant and fellow-
ship programs; 
(4) the formulation and application of the planning guidelines and 
priorities pursuant to subsections (a) and (b)(1) of section 40304 of 
this title; and 
(5) such other matters as the Administrator refers to the panel for 
review and advice. 
(c) PERSONNEL AND ADMINISTRATIVE SERVICES.—The Administrator 
shall make available to the panel any information, personnel, and adminis-
trative services and assistance which is reasonable to carry out the duties 
of the panel. 
(d) MEMBERS.— 
(1) APPOINTMENT.—The Administrator shall appoint the voting 
members of the panel. A majority of the voting members shall be indi-
viduals who, by reason of knowledge, experience, or training, are espe-
cially qualified in one or more of the disciplines and fields related to 
space. The other voting members shall be individuals who, by reason 
of knowledge, experience, or training, are especially qualified in, or rep-
resentative of, education, extension services, State government, indus-
try, economics, planning, or any other activity related to efforts to en-
hance the understanding, assessment, development, or utilization of 
space resources. The Administrator shall consider the potential conflict 
of interest of any individual in making appointments to the panel. 
(2) CHAIRMAN AND VICE CHAIRMAN.—The Administrator shall select 
one voting member to serve as the Chairman and another voting mem-
ber to serve as the Vice Chairman. The Vice Chairman shall act as 
Chairman in the absence or incapacity of the Chairman. 
(3) REIMBURSEMENT FOR EXPENSES.—Voting members of the panel 
who are not Federal employees shall be reimbursed for actual and rea-
sonable expenses incurred in the performance of such duties. 
(4) MEETINGS.—The panel shall meet on a biannual basis and, at 
any other time, at the call of the Chairman or upon the request of a 
majority of the voting members or of the Administrator. 
(5) POWERS.—The panel may exercise such powers as are reasonably 
necessary in order to carry out the duties enumerated in subsection (b). 
§ 40310. Availability of other Federal personnel and data 
Each department, agency, or other instrumentality of the Federal Govern-
ment that is engaged in or concerned with, or that has authority over, mat-
ters relating to space— 
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(1) may, upon a written request from the Administrator, make avail-
able, on a reimbursable basis or otherwise, any personnel (with their 
consent and without prejudice to their position and rating), service, or 
facility which the Administrator considers necessary to carry out any 
provision of this chapter; 
(2) may, upon a written request from the Administrator, furnish any 
available data or other information which the Administrator considers 
necessary to carry out any provision of this chapter; and 
(3) may cooperate with the Administration. 
§ 40311. Designation or award to be on competitive basis 
The Administrator shall not under this chapter designate any space grant 
college or space grant regional consortium or award any fellowship, grant, 
or contract unless such designation or award is made in accordance with 
the competitive, merit-based review process employed by the Administration 
on October 30, 1987. 
CHAPTER 405—BIOMEDICAL RESEARCH IN SPACE 
Sec. 
40501.
Findings. 
40502.
Biomedical research joint working group. 
40503.
Biomedical research grants. 
40504.
Biomedical research fellowships. 
40505.
Establishment of electronic data archive. 
40506.
Establishment of emergency medical service telemedicine capability. 
§ 40501. Findings 
Congress finds that— 
(1) the space program can make significant contributions to selected 
areas of health-related research and should be an integral part of the 
Nation’s health research and development program; 
(2) the continuing development of trained scientists and engineers is 
essential to carrying out an effective and sustained program of bio-
medical research in space and on the ground; 
(3) the establishment and maintenance of an electronically accessible 
archive of data on space-related biomedical research is essential to ad-
vancement of the field; 
(4) cooperation with the republics of the former Soviet Union, in-
cluding use of former Soviet orbital facilities, offers the potential for 
greatly enhanced biomedical research activities and progress; and 
(5) the establishment and maintenance of an international telemedi-
cine consultation satellite capability to support emergency medical serv-
ice provision can provide an important aid to disaster relief efforts. 
§ 40502. Biomedical research joint working group 
(a) ESTABLISHMENT.—The Administrator and the Director of the Na-
tional Institutes of Health shall jointly establish a working group to coordi-
nate biomedical research activities in areas where a microgravity environ-
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ment may contribute to significant progress in the understanding and treat-
ment of diseases and other medical conditions. The joint working group 
shall formulate joint and complementary programs in such areas of re-
search. 
(b) MEMBERSHIP.—The joint working group shall include equal represen-
tation from the Administration and the National Institutes of Health, and 
shall include representation from National Institutes of Health councils, as 
selected by the Director of the National Institutes of Health, and from the 
National Aeronautics and Space Administration Advisory Council. 
(c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.—The joint working 
group shall organize annual symposia on biomedical research described in 
subsection (a) under the joint sponsorship of the Administration and the 
National Institutes of Health. 
(d) ANNUAL REPORTING REQUIREMENT.—The joint working group shall 
report annually to Congress on its progress in carrying out this section. 
§ 40503. Biomedical research grants 
(a) ESTABLISHMENT OF PROGRAM.—The Administrator and the Director 
of the National Institutes of Health shall establish a joint program of bio-
medical research grants in areas described in section 40502(a) of this title, 
where such research requires access to a microgravity environment. Such 
program shall be consistent with actions taken by the joint working group 
under section 40502 of this title. 
(b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.—The grants program 
established under subsection (a) shall annually issue joint research oppor-
tunity announcements under the sponsorship of the National Institutes of 
Health and the Administration. Responses to the announcements shall be 
evaluated by a peer review committee whose members shall be selected by 
the Director of the National Institutes of Health and the Administrator, 
and shall include individuals not employed by the Administration or the Na-
tional Institutes of Health. 
§ 40504. Biomedical research fellowships 
The Administrator and the Director of the National Institutes of Health 
shall create a joint program of graduate research fellowships in biomedical 
research described in section 40502(a) of this title. Fellowships under such 
program may provide for participation in approved research conferences and 
symposia. 
§ 40505. Establishment of electronic data archive 
The Administrator shall create and maintain a national electronic data 
archive for biomedical research data obtained from space-based experiments. 
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§ 40506. Establishment of emergency medical service tele-
medicine capability 
The Administrator, the Administrator of the Federal Emergency Manage-
ment Agency, the Director of the Office of Foreign Disaster Assistance, and 
the Surgeon General of the United States shall jointly create and maintain 
an international telemedicine satellite consultation capability to support 
emergency medical services in disaster-stricken areas. 
CHAPTER 407—MISCELLANEOUS 
Sec. 
40701.
Science, Space, and Technology Education Trust Fund. 
40702.
National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust 
Fund. 
40703.
Experimental Program to Stimulate Competitive Research—merit grant competition 
requirements. 
40704.
Microgravity research. 
40705.
Program to expand distance learning in rural underserved areas. 
40706.
Equal access to the Administration’s education programs. 
40707.
Museums. 
40708.
Continuation of certain education programs. 
40709.
Compliance with title IX of Education Amendments of 1972. 
§ 40701. Science, Space, and Technology Education Trust 
Fund 
There is appropriated, by transfer from funds appropriated in the De-
partment of Housing and Urban Development—Independent Agencies Ap-
propriations Act, 1989 (Public Law 100–404, 102 Stat. 1014), for ‘‘Con-
struction 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 inter-
est shall be credited to the Trust Fund on a quarterly basis. Such interest 
shall be available for the purpose of making grants for programs directed 
at improving science, space, and technology education in the United States. 
The Administrator, after consultation with the Director of the National 
Science Foundation, shall review applications made for such grants and de-
termine 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 avail-
able 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. 
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§ 40702. National Aeronautics and Space Administration En-
deavor 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 Shuttle Challenger, a 
trust fund to be known as the National Aeronautics and Space Administra-
tion Endeavor Teacher Fellowship Trust Fund (hereafter in this section re-
ferred to as the ‘‘Trust Fund’’). The Trust Fund shall consist of amounts 
which may from time to time, at the discretion of the Administrator, be 
transferred from the National Aeronautics and Space Administration Gifts 
and Donations Trust Fund. 
(b) INVESTMENT OF TRUST FUND.—The Administrator shall direct the 
Secretary of the Treasury to invest and reinvest funds in the Trust Fund 
in public debt securities with maturities suitable for the needs of the Trust 
Fund, and bearing interest at rates determined by the Secretary of the 
Treasury, taking into consideration the current average market yield on out-
standing marketable obligations of the United States of comparable matu-
rities. Interest earned shall be credited to the Trust Fund. 
(c) PURPOSE.—Income accruing from the Trust Fund principal shall be 
used to create the National Aeronautics and Space Administration Endeavor 
Teacher Fellowship Program, to the extent provided in advance in appro-
priation Acts. The Administrator is authorized to use such funds to award 
fellowships to selected United States nationals who are undergraduate stu-
dents pursuing a course of study leading to certified teaching degrees in ele-
mentary education or in secondary education in mathematics, science, or 
technology disciplines. Awards shall be made pursuant to standards estab-
lished for the fellowship program by the Administrator. 
§ 40703. Experimental Program to Stimulate Competitive 
Research—merit grant competition requirements 
(a) DEFINITION OF ELIGIBLE STATE.—In this section, the term ‘‘eligible 
State’’ means a State designated by the Administrator as eligible to compete 
in the National Science Foundation’s Experimental Program to Stimulate 
Competitive Research. 
(b) COMPETITION.—Making use of the existing infrastructure established 
in eligible States by the National Science Foundation, the Administrator 
shall conduct a merit grant competition among the eligible States in areas 
of research important to the mission of the Administration. With respect to 
a grant application by an eligible State, the Administrator shall consider— 
(1) the application’s merit and relevance to the mission of the Ad-
ministration; 
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(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 reg-
ular 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. 
§ 40704. Microgravity research 
The Administrator shall— 
(1) transmit the report required by section 70505 of this title; 
(2) ensure the capacity to support ground-based research leading to 
space-based basic and applied scientific research in a variety of dis-
ciplines with potential direct national benefits and applications that can 
be advanced significantly from the uniqueness of microgravity and the 
space environment; and 
(3) carry out, to the maximum extent practicable, basic, applied, and 
commercial International Space Station research in fields such as mo-
lecular 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. 
§ 40705. Program to expand distance learning in rural un-
derserved 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 professions. 
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§ 40706. 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 Administra-
tion’s education programs. 
(b) REPORT.—Not later than 1 year after December 30, 2005, and every 
2 years thereafter, the Administrator shall submit a report to the Com-
mittee on Science and Technology of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate de-
scribing the efforts by the Administrator to ensure equal access for minority 
and economically disadvantaged students under this section and the results 
of such efforts. As part of the report, the Administrator shall provide— 
(1) data on minority participation in the Administration’s education 
programs, at a minimum in the categories of— 
(A) elementary and secondary education; 
(B) undergraduate education; and 
(C) graduate education; and 
(2) the total value of grants the Administration made to Historically 
Black Colleges and Universities and to Hispanic Serving Institutions 
through education programs during the period covered by the report. 
(c) PROGRAM.—The Administrator shall establish the Dr. Mae C. 
Jemison Grant Program to work with Minority Serving Institutions to bring 
more women of color into the field of space and aeronautics. 
§ 40707. Museums 
The Administrator may provide grants to, and enter into cooperative 
agreements with, museums and planetariums to enable them to enhance 
programs related to space exploration, aeronautics, space science, Earth 
science, or microgravity. 
§ 40708. Continuation of certain education programs 
From amounts appropriated to the Administration for education pro-
grams, 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 Na-
tional Aeronautics and Space Administration Authorization Act of 2005 
(Public Law 109–155, 119 Stat. 2933), the Administration Explorer School 
program, to motivate and develop the next generation of explorers. 
§ 40709. 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. 
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Subtitle V—Programs Targeting Commercial 
Opportunities 
Chapter 
Sec. 
501. Space Commerce .......................................................................................
50101 
503. Commercial Reusable In-Space Transportation ...........................
50301 
505. Commercial Space Competitiveness ..................................................
50501 
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. 
50135.
National launch capability study. 
SUBCHAPTER I—GENERAL 
§ 50101. Definitions 
In this chapter: 
(1) COMMERCIAL
PROVIDER.—The term ‘‘commercial provider’’ 
means any person providing space transportation services or other 
space-related activities, primary control of which is held by persons 
other than Federal, State, local, and foreign governments. 
(2) PAYLOAD.—The term ‘‘payload’’ means anything that a person 
undertakes to transport to, from, or within outer space, or in suborbital 
trajectory, by means of a space transportation vehicle, but does not in-
clude 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 activi-
ties’’ includes research and development, manufacturing, processing, 
service, and other associated and support activities. 
(4) SPACE TRANSPORTATION SERVICES.—The term ‘‘space transpor-
tation 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 transpor-
tation vehicle’’ means any vehicle constructed for the purpose of oper-
ating in, or transporting a payload to, from, or within, outer space, or 
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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, terri-
tory, or possession of the United States. 
(7) UNITED STATES COMMERCIAL PROVIDER.—The term ‘‘United 
States commercial provider’’ means a commercial provider, organized 
under the laws of the United States or of a State, that is— 
(A) more than 50 percent owned by United States nationals; or 
(B) a subsidiary of a foreign company and the Secretary of 
Transportation finds that— 
(i) such subsidiary has in the past evidenced a substantial 
commitment to the United States market through— 
(I) investments in the United States in long-term re-
search, development, and manufacturing (including the 
manufacture of major components and subassemblies); 
and 
(II) significant contributions to employment in the 
United States; and 
(ii) the country or countries in which such foreign company 
is incorporated or organized, and, if appropriate, in which it 
principally conducts its business, affords reciprocal treatment 
to companies described in subparagraph (A) comparable to 
that afforded to such foreign company’s subsidiary in the 
United States, as evidenced by— 
(I) providing comparable opportunities for companies 
described in subparagraph (A) to participate in Govern-
ment-sponsored research and development similar to that 
authorized under this chapter; 
(II) providing no barriers, to companies described in 
subparagraph (A) with respect to local investment oppor-
tunities, that are not provided to foreign companies in 
the United States; and 
(III) providing adequate and effective protection for 
the intellectual property rights of companies described in 
subparagraph (A). 
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SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE 
OPPORTUNITIES 
§ 50111. Commercialization of Space Station 
Congress declares that a priority goal of constructing the International 
Space Station is the economic development of Earth orbital space. Congress 
further declares that free and competitive markets create the most efficient 
conditions for promoting economic development, and should therefore govern 
the economic development of Earth orbital space. Congress further declares 
that the use of free market principles in operating, servicing, allocating the 
use of, and adding capabilities to the Space Station, and the resulting full-
est possible engagement of commercial providers and participation of com-
mercial users, will reduce Space Station operational costs for all partners 
and the Federal Government’s share of the United States burden to fund 
operations. 
§ 50112. Promotion of United States Global Positioning Sys-
tem standards 
(a) FINDING.—Congress finds that the Global Positioning System, includ-
ing satellites, signal equipment, ground stations, data links, and associated 
command and control facilities, has become an essential element in civil, sci-
entific, and military space development because of the emergence of a 
United States commercial industry which provides Global Positioning Sys-
tem equipment and related services. 
(b) INTERNATIONAL COOPERATION.—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 con-
tinuous worldwide basis free of direct user fees; 
(2) enter into international agreements that promote cooperation 
with foreign governments and international organizations to— 
(A) establish the Global Positioning System and its augmenta-
tions 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 electro-
magnetic spectrum used by the Global Positioning System; and 
(B) protect that spectrum from disruption and interference. 
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§ 50113. Acquisition of space science data 
(a) DEFINITION OF SPACE SCIENCE DATA.—In this section, the term 
‘‘space science data’’ includes scientific data concerning— 
(1) the elemental and mineralogical resources of the moon, asteroids, 
planets and their moons, and comets; 
(2) microgravity acceleration; and 
(3) solar storm monitoring. 
(b) ACQUISITION FROM COMMERCIAL PROVIDERS.—The Administrator 
shall, to the extent possible and while satisfying the scientific or educational 
requirements of the Administration, and where appropriate, of other Federal 
agencies and scientific researchers, acquire, where cost effective, space 
science data from a commercial provider. 
(c) TREATMENT OF SPACE SCIENCE DATA AS COMMERCIAL ITEM UNDER 
ACQUISITION LAWS.—Acquisitions of space science data by the Adminis-
trator 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 pro-
viders, sufficient rights in data to meet the needs of the scientific and edu-
cational community or the needs of other government activities. 
(d) SAFETY STANDARDS.—Nothing in this section shall be construed to 
prohibit the Federal Government from requiring compliance with applicable 
safety standards. 
(e) LIMITATION.—This section does not authorize the Administration to 
provide financial assistance for the development of commercial systems for 
the collection of space science data. 
§ 50114. Administration of commercial space centers 
The Administrator shall administer the Commercial Space Center pro-
gram in a coordinated manner from Administration headquarters in Wash-
ington, 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 Administra-
tion, and where appropriate, of other Federal agencies and scientific re-
searchers, acquire, where cost-effective, space-based and airborne Earth re-
mote sensing data, services, distribution, and applications from a commer-
cial provider. 
(b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION LAWS.—Ac-
quisitions by the Administrator of the data, services, distribution, and appli-
cations referred to in subsection (a) shall be carried out in accordance with 
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applicable acquisition laws and regulations (including chapters 137 and 140 
of title 10). For purposes of such law and regulations, such data, services, 
distribution, and applications shall be considered to be a commercial item. 
Nothing in this subsection shall be construed to preclude the United States 
from acquiring, through contracts with commercial providers, sufficient 
rights in data to meet the needs of the scientific and educational community 
or the needs of other government activities. 
(c) SAFETY STANDARDS.—Nothing in this section shall be construed to 
prohibit the Federal Government from requiring compliance with applicable 
safety standards. 
(d) ADMINISTRATION AND EXECUTION.—This section shall be carried out 
as part of the Commercial Remote Sensing Program at the Stennis Space 
Center. 
§ 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 
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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; 
(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-
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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. 
§ 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; 
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(C) is consistent with international obligations of the United 
States; and 
(D) is approved by the Secretary of Defense or the designee of 
the Secretary of Defense. 
(2) EXCEPTION TO REQUIREMENT THAT CERTIFICATION BE 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. 
§ 50135. National launch capability study 
(a) FINDINGS.—Congress finds that a robust satellite and launch indus-
try in the United States serves the interest of the United States by— 
(1) contributing to the economy of the United States; 
(2) strengthening employment, technological, and scientific interests 
of the United States; and 
(3) serving the foreign policy and national security interests of the 
United States. 
(b) DEFINITIONS.—In this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De-
fense. 
(2) TOTAL POTENTIAL NATIONAL MISSION MODEL.—The term ‘‘total 
potential national mission model’’ means a model that— 
(A) is determined by the Secretary, in consultation with the Ad-
ministrator, to assess the total potential space missions to be con-
ducted in the United States during a specified period of time; and 
(B) includes all launches in the United States (including 
launches conducted on or off a Federal range). 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after October 28, 1998, 
the Secretary shall, in consultation with the Administrator and appro-
priate representatives of the satellite and launch industry and the gov-
ernments of States and political subdivisions thereof— 
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(A) prepare a report that meets the requirements of this sub-
section; and 
(B) submit that report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Science 
and Technology of the House of Representatives. 
(2) REQUIREMENTS FOR REPORT.—The report prepared under this 
subsection shall— 
(A) identify the total potential national mission model for the 
period beginning on the date of the report and ending on Decem-
ber 31, 2007; 
(B) identify the resources that are necessary or available to 
carry out the total potential national mission model described in 
subparagraph (A), including— 
(i) launch property and services of the Department of De-
fense, the Administration, and non-Federal facilities; and 
(ii) the ability to support commercial launch-on-demand on 
short notification, taking into account Federal requirements, 
at launch sites or test ranges in the United States; 
(C) identify each deficiency in the resources referred to in sub-
paragraph (B); and 
(D) with respect to the deficiencies identified under subpara-
graph (C), include estimates of the level of funding necessary to 
address those deficiencies for the period described in subparagraph 
(A). 
(d) RECOMMENDATIONS.—Based on the report under subsection (c), the 
Secretary, after consultation with the Secretary of Transportation, the Sec-
retary of Commerce, and representatives from interested private sector enti-
ties, States, and local governments, shall— 
(1) identify opportunities for investment by non-Federal entities (in-
cluding States and political subdivisions thereof and private sector enti-
ties) to assist the Federal Government in providing launch capabilities 
for the commercial space industry in the United States; 
(2) identify one or more methods by which, if sufficient resources re-
ferred to in subsection (c)(2)(D) are not available to the Department 
of Defense and the Administration, the control of the launch property 
and launch services of the Department of Defense and the Administra-
tion may be transferred from the Department of Defense and the Ad-
ministration to— 
(A) one or more other Federal agencies; 
(B) one or more States (or subdivisions thereof); 
(C) one or more private sector entities; or 
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(D) any combination of the entities described in subparagraphs 
(A) to (C); and 
(3) identify the technical, structural, and legal impediments associ-
ated with making launch sites or test ranges in the United States via-
ble and competitive. 
CHAPTER 503—COMMERCIAL REUSABLE IN-SPACE 
TRANSPORTATION 
Sec. 
50301.
Findings. 
50302.
Definitions. 
50303.
Loan guarantees for production of commercial reusable in-space transportation. 
§ 50301. Findings 
Congress makes the following findings: 
(1) It is in the national interest to encourage the production of cost- 
effective, in-space transportation systems, which would be built and op-
erated by the private sector on a commercial basis. 
(2) The use of reusable in-space transportation systems will enhance 
performance levels of in-space operations, enhance efficient and safe 
disposal of satellites at the end of their useful lives, and increase the 
capability and reliability of existing ground-to-space launch vehicles. 
(3) Commercial reusable in-space transportation systems will en-
hance the economic well-being and national security of the United 
States by reducing space operations costs for commercial and national 
space programs and by adding new space capabilities to space oper-
ations. 
(4) Commercial reusable in-space transportation systems will provide 
new cost-effective space capabilities (including orbital transfers from 
low altitude orbits to high altitude orbits and return, the correction of 
erroneous satellite orbits, and the recovery, refurbishment, and refuel-
ing of satellites) and the provision of upper stage functions to increase 
ground-to-orbit launch vehicle payloads to geostationary and other high 
energy orbits. 
(5) Commercial reusable in-space transportation systems can en-
hance and enable the space exploration of the United States by pro-
viding lower cost trajectory injection from Earth orbit, transit trajec-
tory control, and planet arrival deceleration to support potential Ad-
ministration missions to Mars, Pluto, and other planets. 
(6) Satellites stranded in erroneous Earth orbit due to deficiencies 
in their launch represent substantial economic loss to the United States 
and present substantial concerns for the current backlog of national 
space assets. 
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(7) Commercial reusable in-space transportation systems can provide 
new options for alternative planning approaches and risk management 
to enhance the mission assurance of national space assets. 
(8) Commercial reusable in-space transportation systems developed 
by the private sector can provide in-space transportation services to the 
Administration, the Department of Defense, the National Reconnais-
sance Office, and other agencies without the need for the United States 
to bear the cost of production of such systems. 
(9) The availability of loan guarantees, with the cost of credit risk 
to the United States paid by the private sector, is an effective means 
by which the United States can help qualifying private sector compa-
nies secure otherwise unattainable private financing for the production 
of commercial reusable in-space transportation systems, while at the 
same time minimizing Government commitment and involvement in the 
development of such systems. 
§ 50302. 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 
(C) to be reusable and refueled in space. 
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of De-
fense. 
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(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. 
§ 50303. 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— 
(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 
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(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 
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 
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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.
Findings. 
50502.
Definitions. 
50503.
Launch voucher demonstration program. 
50504.
Anchor tenancy and termination liability. 
50505.
Use of Government facilities. 
50506.
Test facilities. 
50507.
Commercial Space Achievement Award. 
§ 50501. Findings 
Congress finds that— 
(1) commercial activities of the private sector have substantially con-
tributed to the strength of both the United States space program and 
the national economy; 
(2) a robust United States space transportation capability remains 
a vital cornerstone of the United States space program; 
(3) the availability of commercial launch services is essential for the 
continued growth of the United States commercial space sector; 
(4) a timely extension of the excess third party claims payment pro-
visions of chapter 507 of this title is appropriate and necessary to en-
able the private sector to continue covering maximum probable liability 
risks while protecting the private sector from uninsurable levels of li-
ability which could hinder international competitiveness; 
(5) a program to demonstrate how recipients of Federal grants can 
purchase launch services directly from the private sector has the poten-
tial to improve the capabilities of the United States commercial launch 
industry; 
(6) improvements and additions to the Nation’s space transportation 
infrastructure contribute to a robust and cost effective space transpor-
tation capability for both public sector and private sector users; 
(7) private sector use of available Government facilities on a reim-
bursable basis contributes to a stronger commercial space sector; 
(8) the Federal Government should purchase space goods and serv-
ices which are commercially available, or could be made available com-
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mercially in response to a Government procurement request, whenever 
such goods or services meet Government mission requirements in a cost 
effective manner; 
(9) it is appropriate for the Government to act as an anchor tenant 
for commercial space development projects which have a reasonable po-
tential to develop non-Federal markets and which meet Federal needs 
in a cost effective manner; and 
(10) the provision of compensation to commercial providers of space 
goods and services for termination of contracts at the convenience of 
the Government assists in enabling the private sector to invest in space 
activities which are initially dependent on Government purchases. 
§ 50502. 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. 
(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-
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