[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Reported in Senate (RS)]
Calendar No. 371
111th CONGRESS
2d Session
H. R. 3237
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 20, 2010
Received; read twice and referred to the Committee on the Judiciary
May 10, 2010
Reported by Mr. Leahy, without amendment
_______________________________________________________________________
AN ACT
To enact certain laws relating to national and commercial space
programs as title 51, United States Code, ``National and Commercial
Space Programs''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
Sec. 2. Purpose; conformity with original intent.
Sec. 3. Enactment of title 51, United States Code.
Sec. 4. Conforming amendments to other laws.
Sec. 5. Transitional and savings provisions.
Sec. 6. Repeals.
SEC. 2. PURPOSE; CONFORMITY WITH ORIGINAL INTENT.
(a) Purpose.--The purpose of this Act is to codify certain existing
laws related to national and commercial space programs as a positive
law title of the United States Code.
(b) Conformity With Original Intent.--In the codification of laws by
this Act, the intent is to conform to the understood policy, intent,
and purpose of Congress in the original enactments, with such
amendments and corrections as will remove ambiguities, contradictions,
and other imperfections, in accordance with section 205(c)(1) of House
Resolution No. 988, 93d Congress, as enacted into law by Public Law 93-
554 (2 U.S.C. 285b(1)).
SEC. 3. ENACTMENT OF TITLE 51, UNITED STATES CODE.
Title 51, United States Code, ``National and Commercial Space
Programs'', is enacted as follows:
TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS
Subtitle I--General
Chap. Sec.
Definitions........................................................10101
Subtitle II--General Program and Policy Provisions
National Aeronautics and Space Program.............................20101
Responsibilities and Vision........................................20301
Subtitle III--Administrative Provisions
Appropriations, Budgets, and Accounting............................30101
Contracting and Procurement........................................30301
Management and Review..............................................30501
International Cooperation and Competition..........................30701
Awards.............................................................30901
Safety.............................................................31101
Healthcare.........................................................31301
Miscellaneous......................................................31501
Subtitle IV--Aeronautics and Space Research and Education
Aeronautics........................................................40101
National Space Grant College and Fellowship Program................40301
Biomedical Research in Space.......................................40501
Environmentally Friendly Aircraft..................................40701
Miscellaneous......................................................40901
Subtitle V--Programs Targeting Commercial Opportunities
Space Commerce.....................................................50101
Commercial Reusable In-Space Transportation........................50301
Commercial Space Competitiveness...................................50501
Office of Space Commercialization..................................50701
Subtitle VI--Earth Observations
Land Remote Sensing Policy.........................................60101
Remote Sensing.....................................................60301
Earth Science......................................................60501
Subtitle VII--Access to Space
Use of Space Shuttle or Alternatives...............................70101
Shuttle Pricing Policy for Commercial and Foreign Users............70301
Exploration Initiatives............................................70501
Human Space Flight Independent Investigation Commission............70701
International Space Station........................................70901
Near-Earth Objects.................................................71101
Cooperation for Safety Among Spacefaring Nations...................71301
Subtitle I--General
CHAPTER 101--DEFINITIONS
Sec.
10101. Definitions.
Sec. 10101. Definitions
In this title:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
Subtitle II--General Program and Policy Provisions
CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM
SUBCHAPTER I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
Sec.
20101. Short title.
20102. Congressional declaration of policy and purpose.
20103. Definitions.
SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
20111. National Aeronautics and Space Administration.
20112. Functions of the Administration.
20113. Powers of the Administration in performance of functions.
20114. Administration and Department of Defense coordination.
20115. International cooperation.
20116. Reports to Congress.
20117. Disposal of excess land.
SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS
20131. Public access to information.
20132. Security requirements.
20133. Permission to carry firearms.
20134. Arrest authority.
20135. Property rights in inventions.
20136. Contributions awards.
20137. Malpractice and negligence suits against United States.
20138. Insurance and indemnification.
20139. Insurance for experimental aerospace vehicles.
20140. Appropriations.
20141. Misuse of agency name and initials.
20142. Contracts regarding expendable launch vehicles.
20143. Full cost appropriations account structure.
20144. Prize authority.
20145. Lease of non-excess property.
20146. Retrocession of jurisdiction.
20147. Recovery and disposition authority.
SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH
20161. Congressional declaration of purpose and policy.
20162. Definition of upper atmosphere.
20163. Program authorized.
20164. International cooperation.
SUBCHAPTER I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
Sec. 20101. Short title
This chapter may be cited as the ``National Aeronautics and Space
Act''.
Sec. 20102. Congressional declaration of policy and purpose
(a) Devotion of Space Activities to Peaceful Purposes for Benefit of
All Humankind.--Congress declares that it is the policy of the United
States that activities in space should be devoted to peaceful purposes
for the benefit of all humankind.
(b) Aeronautical and Space Activities for Welfare and Security of
United States.--Congress declares that the general welfare and security
of the United States require that adequate provision be made for
aeronautical and space activities. Congress further declares that such
activities shall be the responsibility of, and shall be directed by, a
civilian agency exercising control over aeronautical and space
activities sponsored by the United States, except that activities
peculiar to or primarily associated with the development of weapons
systems, military operations, or the defense of the United States
(including the research and development necessary to make effective
provision for the defense of the United States) shall be the
responsibility of, and shall be directed by, the Department of Defense;
and that determination as to which agency has responsibility for and
direction of any such activity shall be made by the President.
(c) Commercial Use of Space.--Congress declares that the general
welfare of the United States requires that the Administration seek and
encourage, to the maximum extent possible, the fullest commercial use
of space.
(d) Objectives of Aeronautical and Space Activities.--The
aeronautical and space activities of the United States shall be
conducted so as to contribute materially to one or more of the
following objectives:
(1) The expansion of human knowledge of the Earth and of
phenomena in the atmosphere and space.
(2) The improvement of the usefulness, performance, speed,
safety, and efficiency of aeronautical and space vehicles.
(3) The development and operation of vehicles capable of
carrying instruments, equipment, supplies, and living organisms
through space.
(4) The establishment of long-range studies of the potential
benefits to be gained from, the opportunities for, and the
problems involved in the utilization of aeronautical and space
activities for peaceful and scientific purposes.
(5) The preservation of the role of the United States as a
leader in aeronautical and space science and technology and in
the application thereof to the conduct of peaceful activities
within and outside the atmosphere.
(6) The making available to agencies directly concerned with
national defense of discoveries that have military value or
significance, and the furnishing by such agencies, to the
civilian agency established to direct and control nonmilitary
aeronautical and space activities, of information as to
discoveries which have value or significance to that agency.
(7) Cooperation by the United States with other nations and
groups of nations in work done pursuant to this chapter and in
the peaceful application of the results thereof.
(8) The most effective utilization of the scientific and
engineering resources of the United States, with close
cooperation among all interested agencies of the United States
in order to avoid unnecessary duplication of effort,
facilities, and equipment.
(9) The preservation of the United States preeminent position
in aeronautics and space through research and technology
development related to associated manufacturing processes.
(e) Ground Propulsion Systems Research and Development.--Congress
declares that the general welfare of the United States requires that
the unique competence in scientific and engineering systems of the
Administration also be directed toward ground propulsion systems
research and development. Such development shall be conducted so as to
contribute to the objectives of developing energy and petroleum-
conserving ground propulsion systems, and of minimizing the
environmental degradation caused by such systems.
(f) Bioengineering Research, Development, and Demonstration
Programs.--Congress declares that the general welfare of the United
States requires that the unique competence of the Administration in
science and engineering systems be directed to assisting in
bioengineering research, development, and demonstration programs
designed to alleviate and minimize the effects of disability.
(g) Warning and Mitigation of Potential Hazards of Near-Earth
Objects.--Congress declares that the general welfare and security of
the United States require that the unique competence of the
Administration be directed to detecting, tracking, cataloguing, and
characterizing near-Earth asteroids and comets in order to provide
warning and mitigation of the potential hazard of such near-Earth
objects to the Earth.
(h) Purpose of Chapter.--It is the purpose of this chapter to carry
out and effectuate the policies declared in subsections (a) to (g).
Sec. 20103. Definitions
In this chapter:
(1) Aeronautical and space activities.--The term
``aeronautical and space activities'' means--
(A) research into, and the solution of, problems of
flight within and outside the Earth's atmosphere;
(B) the development, construction, testing, and
operation for research purposes of aeronautical and
space vehicles;
(C) the operation of a space transportation system
including the space shuttle, upper stages, space
platforms, and related equipment; and
(D) such other activities as may be required for the
exploration of space.
(2) Aeronautical and space vehicles.--The term ``aeronautical
and space vehicles'' means aircraft, missiles, satellites, and
other space vehicles, manned and unmanned, together with
related equipment, devices, components, and parts.
SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
Sec. 20111. National Aeronautics and Space Administration
(a) Establishment and Appointment of Administrator.--There is
established the National Aeronautics and Space Administration. The
Administration shall be headed by an Administrator, who shall be
appointed from civilian life by the President by and with the advice
and consent of the Senate. Under the supervision and direction of the
President, the Administrator shall be responsible for the exercise of
all powers and the discharge of all duties of the Administration and
shall have authority and control over all personnel and activities
thereof.
(b) Deputy Administrator.--There shall be in the Administration a
Deputy Administrator, who shall be appointed from civilian life by the
President by and with the advice and consent of the Senate. The Deputy
Administrator shall perform such duties and exercise such powers as the
Administrator may prescribe. The Deputy Administrator shall act for,
and exercise the powers of, the Administrator during the
Administrator's absence or disability.
(c) Restriction on Other Business or Employment.--The Administrator
and the Deputy Administrator shall not engage in any other business,
vocation, or employment while serving as such.
Sec. 20112. Functions of the Administration
(a) Planning, Directing, and Conducting Aeronautical and Space
Activities.--The Administration, in order to carry out the purpose of
this chapter, shall--
(1) plan, direct, and conduct aeronautical and space
activities;
(2) arrange for participation by the scientific community in
planning scientific measurements and observations to be made
through use of aeronautical and space vehicles, and conduct or
arrange for the conduct of such measurements and observations;
(3) provide for the widest practicable and appropriate
dissemination of information concerning its activities and the
results thereof;
(4) seek and encourage, to the maximum extent possible, the
fullest commercial use of space; and
(5) encourage and provide for Federal Government use of
commercially provided space services and hardware, consistent
with the requirements of the Federal Government.
(b) Research and Development in Certain Technologies.--
(1) Ground propulsion technologies.--The Administration
shall, to the extent of appropriated funds, initiate, support,
and carry out such research, development, demonstration, and
other related activities in ground propulsion technologies as
are provided for in sections 4 to 10 of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976
(15 U.S.C. 2503 to 2509).
(2) Solar heating and cooling technologies.--The
Administration shall initiate, support, and carry out such
research, development, demonstrations, and other related
activities in solar heating and cooling technologies (to the
extent that funds are appropriated therefor) as are provided
for in sections 5, 6, and 9 of the Solar Heating and Cooling
Demonstration Act of 1974 (42 U.S.C. 5503, 5504, 5507).
Sec. 20113. Powers of the Administration in performance of functions
(a) Rules and Regulations.--In the performance of its functions, the
Administration is authorized to make, promulgate, issue, rescind, and
amend rules and regulations governing the manner of its operations and
the exercise of the powers vested in it by law.
(b) Officers and Employees.--In the performance of its functions, the
Administration is authorized to appoint and fix the compensation of
officers and employees as may be necessary to carry out such functions.
The officers and employees shall be appointed in accordance with the
civil service laws and their compensation fixed in accordance with
chapter 51 and subchapter III of chapter 53 of title 5, except that--
(1) to the extent the Administrator deems such action
necessary to the discharge of the Administrator's
responsibilities, the Administrator may appoint not more than
425 of the scientific, engineering, and administrative
personnel of the Administration without regard to such laws,
and may fix the compensation of such personnel not in excess of
the rate of basic pay payable for level III of the Executive
Schedule; and
(2) to the extent the Administrator deems such action
necessary to recruit specially qualified scientific and
engineering talent, the Administrator may establish the
entrance grade for scientific and engineering personnel without
previous service in the Federal Government at a level up to 2
grades higher than the grade provided for such personnel under
the General Schedule, and fix their compensation accordingly.
(c) Property.--In the performance of its functions, the
Administration is authorized--
(1) to acquire (by purchase, lease, condemnation, or
otherwise), construct, improve, repair, operate, and maintain
laboratories, research and testing sites and facilities,
aeronautical and space vehicles, quarters and related
accommodations for employees and dependents of employees of the
Administration, and such other real and personal property
(including patents), or any interest therein, as the
Administration deems necessary within and outside the
continental United States;
(2) to acquire by lease or otherwise, through the
Administrator of General Services, buildings or parts of
buildings in the District of Columbia for the use of the
Administration for a period not to exceed 10 years without
regard to section 8141 of title 40;
(3) to lease to others such real and personal property;
(4) to sell and otherwise dispose of real and personal
property (including patents and rights thereunder) in
accordance with the provisions of chapters 1 to 11 of title 40
and in accordance with title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.);
and
(5) to provide by contract or otherwise for cafeterias and
other necessary facilities for the welfare of employees of the
Administration at its installations and purchase and maintain
equipment therefor.
(d) Gifts.--In the performance of its functions, the Administration
is authorized to accept unconditional gifts or donations of services,
money, or property, real, personal, or mixed, tangible or intangible.
(e) Contracts, Leases, and Agreements.--In the performance of its
functions, the Administration is authorized, without regard to
subsections (a) and (b) of section 3324 of title 31, to enter into and
perform such contracts, leases, cooperative agreements, or other
transactions as may be necessary in the conduct of its work and on such
terms as it may deem appropriate, with any agency or instrumentality of
the United States, or with any State, territory, or possession, or with
any political subdivision thereof, or with any person, firm,
association, corporation, or educational institution. To the maximum
extent practicable and consistent with the accomplishment of the
purpose of this chapter, such contracts, leases, agreements, and other
transactions shall be allocated by the Administrator in a manner which
will enable small-business concerns to participate equitably and
proportionately in the conduct of the work of the Administration.
(f) Cooperation With Federal Agencies and Others.--In the performance
of its functions, the Administration is authorized to use, with their
consent, the services, equipment, personnel, and facilities of Federal
and other agencies with or without reimbursement, and on a similar
basis to cooperate with other public and private agencies and
instrumentalities in the use of services, equipment, and facilities.
Each department and agency of the Federal Government shall cooperate
fully with the Administration in making its services, equipment,
personnel, and facilities available to the Administration, and any such
department or agency is authorized, notwithstanding any other provision
of law, to transfer to or to receive from the Administration, without
reimbursement, aeronautical and space vehicles, and supplies and
equipment other than administrative supplies or equipment.
(g) Advisory Committees.--In the performance of its functions, the
Administration is authorized to appoint such advisory committees as may
be appropriate for purposes of consultation and advice to the
Administration.
(h) Offices and Procedures.--In the performance of its functions, the
Administration is authorized to establish within the Administration
such offices and procedures as may be appropriate to provide for the
greatest possible coordination of its activities under this chapter
with related scientific and other activities being carried on by other
public and private agencies and organizations.
(i) Temporary or Intermittent Services of Experts or Consultants.--In
the performance of its functions, the Administration is authorized to
obtain services as provided by section 3109 of title 5, but at rates
for individuals not to exceed the per diem rate equivalent to the
maximum rate payable under section 5376 of title 5.
(j) Aliens.--In the performance of its functions, the Administration
is authorized, when determined by the Administrator to be necessary,
and subject to such security investigations as the Administrator may
determine to be appropriate, to employ aliens without regard to
statutory provisions prohibiting payment of compensation to aliens.
(k) Concessions for Visitors' Facilities.--
(1) In general.--In the performance of its functions, the
Administration is authorized to provide by concession, without
regard to section 1302 of title 40, on such terms as the
Administrator may deem to be appropriate and necessary to
protect the concessioner against loss of the concessioner's
investment in property (but not anticipated profits) resulting
from the Administration's discretionary acts and decisions, for
the construction, maintenance, and operation of all manner of
facilities and equipment for visitors to the several
installations of the Administration and, in connection
therewith, to provide services incident to the dissemination of
information concerning its activities to such visitors, without
charge or with a reasonable charge therefor (with this
authority being in addition to any other authority that the
Administration may have to provide facilities, equipment, and
services for visitors to its installations).
(2) Public notice and due consideration of proposals.--A
concession agreement under this subsection may be negotiated
with any qualified proposer following due consideration of all
proposals received after reasonable public notice of the
intention to contract.
(3) Reasonable opportunity for profit.--The concessioner
shall be afforded a reasonable opportunity to make a profit
commensurate with the capital invested and the obligations
assumed. The consideration paid by the concessioner for the
concession shall be based on the probable value of the
opportunity and not on maximizing revenue to the United States.
(4) Records and access to records.--Each concession agreement
shall specify the manner in which the concessioner's records
are to be maintained, and shall provide for access to the
records by the Administration and the Comptroller General of
the United States for a period of 5 years after the close of
the business year to which the records relate.
(5) Possessory interests.--A concessioner may be accorded a
possessory interest, consisting of all incidents of ownership
except legal title (which shall vest in the United States), in
any structure, fixture, or improvement the concessioner
constructs or locates upon land owned by the United States.
With the approval of the Administration, such possessory
interest may be assigned, transferred, encumbered, or
relinquished by the concessioner, and, unless otherwise
provided by contract, shall not be extinguished by the
expiration or other termination of the concession and may not
be taken for public use without just compensation.
(l) Detailing Members of Armed Services.--In the performance of its
functions, the Administration is authorized, with the approval of the
President, to enter into cooperative agreements under which members of
the Army, Navy, Air Force, and Marine Corps may be detailed by the
appropriate Secretary for services in the performance of functions
under this chapter to the same extent as that to which they might be
lawfully assigned in the Department of Defense.
(m) Claims Against the United States.--In the performance of its
functions, the Administration is authorized--
(1) to consider, ascertain, adjust, determine, settle, and
pay, on behalf of the United States, in full satisfaction
thereof, any claim for $25,000 or less against the United
States for bodily injury, death, or damage to or loss of real
or personal property resulting from the conduct of the
Administration's functions as specified in section 20112(a) of
this title, where such claim is presented to the Administration
in writing within 2 years after the accident or incident out of
which the claim arises; and
(2) if the Administration considers that a claim in excess of
$25,000 is meritorious and would otherwise be covered by this
subsection, to report the facts and circumstances to Congress
for its consideration.
Sec. 20114. Administration and Department of Defense coordination
(a) Advise and Consult.--The Administration and the Department of
Defense, through the President, shall advise and consult with each
other on all matters within their respective jurisdictions related to
aeronautical and space activities and shall keep each other fully and
currently informed with respect to such activities.
(b) Referral to the President.--If the Secretary of Defense concludes
that any request, action, proposed action, or failure to act on the
part of the Administrator is adverse to the responsibilities of the
Department of Defense, or the Administrator concludes that any request,
action, proposed action, or failure to act on the part of the
Department of Defense is adverse to the responsibilities of the
Administration, and the Administrator and the Secretary of Defense are
unable to reach an agreement with respect to the matter, either the
Administrator or the Secretary of Defense may refer the matter to the
President for a decision (which shall be final).
Sec. 20115. International cooperation
The Administration, under the foreign policy guidance of the
President, may engage in a program of international cooperation in work
done pursuant to this chapter, and in the peaceful application of the
results thereof, pursuant to agreements made by the President with the
advice and consent of the Senate.
Sec. 20116. Reports to Congress
(a) Presidential Report.--The President shall transmit to Congress in
May of each year a report, which shall include--
(1) a comprehensive description of the programmed activities
and the accomplishments of all agencies of the United States in
the field of aeronautics and space activities during the
preceding fiscal year; and
(2) an evaluation of such activities and accomplishments in
terms of the attainment of, or the failure to attain, the
objectives described in section 20102(d) of this title.
(b) Recommendations for Additional Legislation.--Any report made
under this section shall contain such recommendations for additional
legislation as the Administrator or the President may consider
necessary or desirable for the attainment of the objectives described
in section 20102(d) of this title.
(c) Classified Information.--No information that has been classified
for reasons of national security shall be included in any report made
under this section, unless the information has been declassified by, or
pursuant to authorization given by, the President.
Sec. 20117. Disposal of excess land
Notwithstanding the provisions of this or any other law, the
Administration may not report to a disposal agency as excess to the
needs of the Administration any land having an estimated value in
excess of $50,000 that is owned by the United States and under the
jurisdiction and control of the Administration, unless--
(1) a period of 30 days has passed after the receipt by the
Speaker and the Committee on Science and Technology of the
House of Representatives and the President and the Committee on
Commerce, Science, and Transportation of the Senate of a report
by the Administrator or the Administrator's designee containing
a full and complete statement of the action proposed to be
taken and the facts and circumstances relied upon in support of
such action; or
(2) each such committee before the expiration of that period
has transmitted to the Administrator written notice to the
effect that the committee has no objection to the proposed
action.
SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS
Sec. 20131. Public access to information
(a) Public Inspection.--Information obtained or developed by the
Administrator in the performance of the Administrator's functions under
this chapter shall be made available for public inspection, except
information--
(1) authorized or required by Federal statute to be withheld;
(2) classified to protect the national security; or
(3) described in subsection (b).
(b) Special Handling of Trade Secret or Confidential Information.--
(1) In general.--The Administrator, for a period of up to 5
years after the development of information described in
paragraph (2), may provide appropriate protections against the
dissemination of such information, including exemption from
subchapter II of chapter 5 of title 5.
(2) Information described.--Information referred to in
paragraph (1) is information that results from activities
conducted under an agreement entered into under subsections (e)
and (f) of section 20113 of this title, and that would be a
trade secret or commercial or financial information that is
privileged or confidential under the meaning of section
552(b)(4) of title 5 if the information had been obtained from
a non-Federal party participating in such an agreement.
(c) Committees of Congress.--Nothing in this chapter authorizes the
withholding of information by the Administrator from the duly
authorized committees of Congress.
Sec. 20132. Security requirements
The Administrator shall establish such security requirements,
restrictions, and safeguards as the Administrator deems necessary in
the interest of the national security. The Administrator may arrange
with the Director of the Office of Personnel Management for the conduct
of such security or other personnel investigations of the
Administration's officers, employees, and consultants, and its
contractors and subcontractors and their officers and employees, actual
or prospective, as the Administrator deems appropriate. If any such
investigation develops any data reflecting that the individual who is
the subject of the investigation is of questionable loyalty, the matter
shall be referred to the Federal Bureau of Investigation for the
conduct of a full field investigation, the results of which shall be
furnished to the Administrator.
Sec. 20133. Permission to carry firearms
As the Administrator deems necessary in the public interest, the
Administrator may--
(1) direct officers and employees of the Administration to
carry firearms while in the conduct of their official duties;
and
(2) authorize employees of contractors and subcontractors of
the Administration who are engaged in the protection of
property owned by the United States, and located at facilities
owned by or contracted to the United States, to carry firearms
while in the conduct of their official duties.
Sec. 20134. Arrest authority
Under regulations prescribed by the Administrator and approved by the
Attorney General, employees of the Administration and of its
contractors and subcontractors authorized to carry firearms under
section 20133 of this title may arrest without warrant for any offense
against the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they have
reasonable grounds to believe that the person to be arrested has
committed or is committing such felony. Persons granted authority to
make arrests by this section may exercise that authority only while
guarding and protecting property owned or leased by, or under the
control of, the United States under the administration and control of
the Administration or one of its contractors or subcontractors, at
facilities owned by or contracted to the Administration.
Sec. 20135. Property rights in inventions
(a) Definitions.--In this section:
(1) Contract.--The term ``contract'' means any actual or
proposed contract, agreement, understanding, or other
arrangement, and includes any assignment, substitution of
parties, or subcontract executed or entered into thereunder.
(2) Made.--The term ``made'', when used in relation to any
invention, means the conception or first actual reduction to
practice of such invention.
(3) Person.--The term ``person'' means any individual,
partnership, corporation, association, institution, or other
entity.
(b) Exclusive Property of United States.--
(1) In general.--An invention shall be the exclusive property
of the United States if it is made in the performance of any
work under any contract of the Administration, and the
Administrator determines that--
(A) the person who made the invention was employed or
assigned to perform research, development, or
exploration work and the invention is related to the
work the person was employed or assigned to perform, or
was within the scope of the person's employment duties,
whether or not it was made during working hours, or
with a contribution by the Government of the use of
Government facilities, equipment, materials, allocated
funds, information proprietary to the Government, or
services of Government employees during working hours;
or
(B) the person who made the invention was not
employed or assigned to perform research, development,
or exploration work, but the invention is nevertheless
related to the contract, or to the work or duties the
person was employed or assigned to perform, and was
made during working hours, or with a contribution from
the Government of the sort referred to in subparagraph
(A).
(2) Patent to united states.--If an invention is the
exclusive property of the United States under paragraph (1),
and if such invention is patentable, a patent therefor shall be
issued to the United States upon application made by the
Administrator, unless the Administrator waives all or any part
of the rights of the United States to such invention in
conformity with the provisions of subsection (g).
(c) Contract Provisions for Furnishing Reports of Inventions,
Discoveries, Improvements, or Innovations.--Each contract entered into
by the Administrator with any party for the performance of any work
shall contain effective provisions under which the party shall furnish
promptly to the Administrator a written report containing full and
complete technical information concerning any invention, discovery,
improvement, or innovation which may be made in the performance of any
such work.
(d) Patent Application.--No patent may be issued to any applicant
other than the Administrator for any invention which appears to the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office (hereafter in this
section referred to as the ``Director'') to have significant utility in
the conduct of aeronautical and space activities unless the applicant
files with the Director, with the application or within 30 days after
request therefor by the Director, a written statement executed under
oath setting forth the full facts concerning the circumstances under
which the invention was made and stating the relationship (if any) of
the invention to the performance of any work under any contract of the
Administration. Copies of each such statement and the application to
which it relates shall be transmitted forthwith by the Director to the
Administrator.
(e) Issuance of Patent to Applicant.--Upon any application as to
which any such statement has been transmitted to the Administrator, the
Director may, if the invention is patentable, issue a patent to the
applicant unless the Administrator, within 90 days after receipt of the
application and statement, requests that the patent be issued to the
Administrator on behalf of the United States. If, within such time, the
Administrator files such a request with the Director, the Director
shall transmit notice thereof to the applicant, and shall issue such
patent to the Administrator unless the applicant within 30 days after
receipt of the notice requests a hearing before the Board of Patent
Appeals and Interferences on the question whether the Administrator is
entitled under this section to receive the patent. The Board may hear
and determine, in accordance with rules and procedures established for
interference cases, the question so presented, and its determination
shall be subject to appeal by the applicant or by the Administrator to
the United States Court of Appeals for the Federal Circuit in
accordance with procedures governing appeals from decisions of the
Board of Patent Appeals and Interferences in other proceedings.
(f) Subsequent Transfer of Patent in Case of False Representations.--
Whenever a patent has been issued to an applicant in conformity with
subsection (e), and the Administrator thereafter has reason to believe
that the statement filed by the applicant in connection with the patent
contained a false representation of a material fact, the Administrator,
within 5 years after the date of issuance of the patent, may file with
the Director a request for the transfer to the Administrator of title
to the patent on the records of the Director. Notice of any such
request shall be transmitted by the Director to the owner of record of
the patent, and title to the patent shall be so transferred to the
Administrator unless, within 30 days after receipt of notice, the owner
of record requests a hearing before the Board of Patent Appeals and
Interferences on the question whether any such false representation was
contained in the statement filed in connection with the patent. The
question shall be heard and determined, and the determination shall be
subject to review, in the manner prescribed by subsection (e) for
questions arising thereunder. A request made by the Administrator under
this subsection for the transfer of title to a patent, and prosecution
for the violation of any criminal statute, shall not be barred by the
failure of the Administrator to make a request under subsection (e) for
the issuance of the patent to the Administrator, or by any notice
previously given by the Administrator stating that the Administrator
had no objection to the issuance of the patent to the applicant.
(g) Waiver of Rights to Inventions.--Under such regulations in
conformity with this subsection as the Administrator shall prescribe,
the Administrator may waive all or any part of the rights of the United
States under this section with respect to any invention or class of
inventions made or which may be made by any person or class of persons
in the performance of any work required by any contract of the
Administration if the Administrator determines that the interests of
the United States will be served thereby. Any such waiver may be made
upon such terms and under such conditions as the Administrator shall
determine to be required for the protection of the interests of the
United States. Each such waiver made with respect to any invention
shall be subject to the reservation by the Administrator of an
irrevocable, nonexclusive, nontransferable, royalty-free license for
the practice of such invention throughout the world by or on behalf of
the United States or any foreign government pursuant to any treaty or
agreement with the United States. Each proposal for any waiver under
this subsection shall be referred to an Inventions and Contributions
Board which shall be established by the Administrator within the
Administration. Such Board shall accord to each interested party an
opportunity for hearing, and shall transmit to the Administrator its
findings of fact with respect to such proposal and its recommendations
for action to be taken with respect thereto.
(h) Protection of Title.--The Administrator is authorized to take all
suitable and necessary steps to protect any invention or discovery to
which the Administrator has title, and to require contractors or
persons who retain title to inventions or discoveries under this
section to protect the inventions or discoveries to which the
Administration has or may acquire a license of use.
(i) Administration as Defense Agency.--The Administration shall be
considered a defense agency of the United States for the purpose of
chapter 17 of title 35.
(j) Objects Intended for Launch, Launched, or Assembled in Outer
Space.--Any object intended for launch, launched, or assembled in outer
space shall be considered a vehicle for the purpose of section 272 of
title 35.
(k) Use or Manufacture of Patented Inventions Incorporated in Space
Vehicles Launched for Persons Other Than United States.--The use or
manufacture of any patented invention incorporated in a space vehicle
launched by the United States Government for a person other than the
United States shall not be considered to be a use or manufacture by or
for the United States within the meaning of section 1498(a) of title
28, unless the Administration gives an express authorization or consent
for such use or manufacture.
Sec. 20136. Contributions awards
(a) Applications.--Subject to the provisions of this section, the
Administrator is authorized, on the Administrator's own initiative or
on application of any person, to make a monetary award, in an amount
and on terms the Administrator determines to be warranted, to any
person (as defined by section 20135(a) of this title) for any
scientific or technical contribution to the Administration which is
determined by the Administrator to have significant value in the
conduct of aeronautical and space activities. Each application made for
such an award shall be referred to the Inventions and Contributions
Board established under section 20135 of this title. Such Board shall
accord to each applicant an opportunity for hearing on the application,
and shall transmit to the Administrator its recommendation as to the
terms of the award, if any, to be made to the applicant for the
contribution. In determining the terms and conditions of an award the
Administrator shall take into account--
(1) the value of the contribution to the United States;
(2) the aggregate amount of any sums which have been expended
by the applicant for the development of the contribution;
(3) the amount of any compensation (other than salary
received for services rendered as an officer or employee of the
Government) previously received by the applicant for or on
account of the use of the contribution by the United States;
and
(4) any other factors the Administrator determines to be
material.
(b) Apportionment of Awards.--If more than one applicant under
subsection (a) claims an interest in the same contribution, the
Administrator shall ascertain and determine the respective interests of
the applicants, and shall apportion any award to be made among the
applicants in amounts the Administrator determines to be equitable.
(c) Surrender of Other Claims.--No award may be made under subsection
(a) unless the applicant surrenders, by means the Administrator
determines to be effective, all claims that the applicant may have to
receive any compensation (other than the award made under this section)
for the use of the contribution or any element thereof at any time by
or on behalf of the United States, or by or on behalf of any foreign
government pursuant to a treaty or agreement with the United States,
within the United States or at any other place.
(d) Report and Waiting Period.--No award may be made under subsection
(a) in an amount exceeding $100,000 unless the Administrator transmits
to the appropriate committees of Congress a full and complete report
concerning the amount and terms of, and the basis for, the proposed
award, and a period of 30 calendar days of regular session of Congress
expires after receipt of the report by the committees.
Sec. 20137. Malpractice and negligence suits against United States
(a) Exclusive Remedy.--The remedy against the United States provided
by sections 1346(b) and 2672 of title 28, for damages for personal
injury, including death, caused by the negligent or wrongful act or
omission of any physician, dentist, nurse, pharmacist, or paramedical
or other supporting personnel (including medical and dental
technicians, nursing assistants, and therapists) of the Administration
in the performance of medical, dental, or related health care functions
(including clinical studies and investigations) while acting within the
scope of such person's duties or employment therein or therefor shall
be exclusive of any other civil action or proceeding by reason of the
same subject matter against such person (or the estate of such person)
whose act or omission gave rise to the action or proceeding.
(b) Attorney General To Defend any Civil Action or Proceeding for
Malpractice or Negligence.--The Attorney General shall defend any civil
action or proceeding brought in any court against any person referred
to in subsection (a) (or the estate of such person) for any such
injury. Any such person against whom such civil action or proceeding is
brought shall deliver within such time after date of service or
knowledge of service as determined by the Attorney General, all process
served upon such person or an attested true copy thereof to such
person's immediate superior or to whomever was designated by the
Administrator to receive such papers. Such person shall promptly
furnish copies of the pleading and process therein to the United States
Attorney for the district embracing the place wherein the proceeding is
brought, to the Attorney General, and to the Administrator.
(c) Removal of Actions.--Upon a certification by the Attorney General
that any person described in subsection (a) was acting in the scope of
such person's duties or employment at the time of the incident out of
which the suit arose, any such civil action or proceeding commenced in
a State court shall be removed without bond at any time before trial by
the Attorney General to the district court of the United States of the
district and division embracing the place wherein it is pending and the
proceeding deemed a tort action brought against the United States under
the provisions of title 28, and all references thereto. Should a
district court of the United States determine, on a hearing on a motion
to remand held before a trial on the merits, that the case so removed
is one in which a remedy by suit within the meaning of subsection (a)
is not available against the United States, the case shall be remanded
to the State court.
(d) Compromise or Settlement of Claims.--The Attorney General may
compromise or settle any claim asserted in such civil action or
proceeding in the manner provided in section 2677 of title 28, and with
the same effect.
(e) Applicability of Other Provisions of Law.--For purposes of this
section, the provisions of section 2680(h) of title 28 shall not apply
to any cause of action arising out of a negligent or wrongful act or
omission in the performance of medical, dental, or related health care
functions (including clinical studies and investigations).
(f) Liability Insurance for Persons Assigned to Foreign Countries or
Non-Federal Agencies.--The Administrator or the Administrator's
designee may, to the extent that the Administrator or the designee
deems appropriate, hold harmless or provide liability insurance for any
person described in subsection (a) for damages for personal injury,
including death, caused by such person's negligent or wrongful act or
omission in the performance of medical, dental, or related health care
functions (including clinical studies and investigations) while acting
within the scope of such person's duties if such person is assigned to
a foreign country or detailed for service with other than a Federal
department, agency, or instrumentality or if the circumstances are such
as are likely to preclude the remedies of third persons against the
United States described in section 2679(b) of title 28, for such damage
or injury.
Sec. 20138. Insurance and indemnification
(a) Definitions.--In this section:
(1) Space vehicle.--The term ``space vehicle'' means an
object intended for launch, launched, or assembled in outer
space, including the space shuttle and other components of a
space transportation system, together with related equipment,
devices, components, and parts.
(2) Third party.--The term ``third party'' means any person
who may institute a claim against a user for death, bodily
injury, or loss of or damage to property.
(3) User.--The term ``user'' includes anyone who enters into
an agreement with the Administration for use of all or a
portion of a space vehicle, who owns or provides property to be
flown on a space vehicle, or who employs a person to be flown
on a space vehicle.
(b) Authorization.--The Administration is authorized on such terms
and to the extent it may deem appropriate to provide liability
insurance for any user of a space vehicle to compensate all or a
portion of claims by third parties for death, bodily injury, or loss of
or damage to property resulting from activities carried on in
connection with the launch, operations, or recovery of the space
vehicle. Appropriations available to the Administration may be used to
acquire such insurance, but such appropriations shall be reimbursed to
the maximum extent practicable by the users under reimbursement
policies established pursuant to section 20113 of this title.
(c) Indemnification.--Under such regulations in conformity with this
section as the Administrator shall prescribe taking into account the
availability, cost, and terms of liability insurance, any agreement
between the Administration and a user of a space vehicle may provide
that the United States will indemnify the user against claims
(including reasonable expenses of litigation or settlement) by third
parties for death, bodily injury, or loss of or damage to property
resulting from activities carried on in connection with the launch,
operations, or recovery of the space vehicle, but only to the extent
that such claims are not compensated by liability insurance of the
user. Such indemnification may be limited to claims resulting from
other than the actual negligence or willful misconduct of the user.
(d) Terms of Indemnification Agreement.--An agreement made under
subsection (c) that provides indemnification must also provide for--
(1) notice to the United States of any claim or suit against
the user for the death, bodily injury, or loss of or damage to
the property; and
(2) control of or assistance in the defense by the United
States, at its election, of that suit or claim.
(e) Certification of Just and Reasonable Amount.--No payment may be
made under subsection (c) unless the Administrator or the
Administrator's designee certifies that the amount is just and
reasonable.
(f) Payments.--Upon the approval by the Administrator, payments under
subsection (c) may be made, at the Administrator's election, either
from funds available for research and development not otherwise
obligated or from funds appropriated for such payments.
Sec. 20139. Insurance for experimental aerospace vehicles
(a) Definitions.--In this section:
(1) Cooperating party.--The term ``cooperating party'' means
any person who enters into an agreement with the Administration
for the performance of cooperative scientific, aeronautical, or
space activities to carry out the purposes of this chapter.
(2) Developer.--The term ``developer'' means a United States
person (other than a natural person) who--
(A) is a party to an agreement with the
Administration for the purpose of developing new
technology for an experimental aerospace vehicle;
(B) owns or provides property to be flown or situated
on that vehicle; or
(C) employs a natural person to be flown on that
vehicle.
(3) Experimental aerospace vehicle.--The term ``experimental
aerospace vehicle'' means an object intended to be flown in, or
launched into, orbital or suborbital flight for the purpose of
demonstrating technologies necessary for a reusable launch
vehicle, developed under an agreement between the
Administration and a developer.
(4) Related entity.--The term ``related entity'' includes a
contractor or subcontractor at any tier, a supplier, a grantee,
and an investigator or detailee.
(b) In General.--The Administrator may provide liability insurance
for, or indemnification to, the developer of an experimental aerospace
vehicle developed or used in execution of an agreement between the
Administration and the developer.
(c) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
section, the insurance and indemnification provided by the
Administration under subsection (b) to a developer shall be
provided on the same terms and conditions as insurance and
indemnification is provided by the Administration under section
20138 of this title to the user of a space vehicle.
(2) Insurance.--
(A) In general.--A developer shall obtain liability
insurance or demonstrate financial responsibility in
amounts to compensate for the maximum probable loss
from claims by--
(i) a third party for death, bodily injury,
or property damage, or loss resulting from an
activity carried out in connection with the
development or use of an experimental aerospace
vehicle; and
(ii) the United States Government for damage
or loss to Government property resulting from
such an activity.
(B) Maximum required.--The Administrator shall
determine the amount of insurance required, but, except
as provided in subparagraph (C), that amount shall not
be greater than the amount required under section
50914(a)(3) of this title for a launch. The
Administrator shall publish notice of the
Administrator's determination and the applicable amount
or amounts in the Federal Register within 10 days after
making the determination.
(C) Increase in dollar amounts.--The Administrator
may increase the dollar amounts set forth in section
50914(a)(3)(A) of this title for the purpose of
applying that section under this section to a developer
after consultation with the Comptroller General and
such experts and consultants as may be appropriate, and
after publishing notice of the increase in the Federal
Register not less than 180 days before the increase
goes into effect. The Administrator shall make
available for public inspection, not later than the
date of publication of such notice, a complete record
of any correspondence received by the Administration,
and a transcript of any meetings in which the
Administration participated, regarding the proposed
increase.
(D) Safety review required before administrator
provides insurance.--The Administrator may not provide
liability insurance or indemnification under subsection
(b) unless the developer establishes to the
satisfaction of the Administrator that appropriate
safety procedures and practices are being followed in
the development of the experimental aerospace vehicle.
(3) No indemnification without cross-waiver.--Notwithstanding
subsection (b), the Administrator may not indemnify a developer
of an experimental aerospace vehicle under this section unless
there is an agreement between the Administration and the
developer described in subsection (d).
(4) Application of certain procedures.--If the Administrator
requests additional appropriations to make payments under this
section, like the payments that may be made under section
20138(c) of this title, then the request for those
appropriations shall be made in accordance with the procedures
established by subsections (d) and (e) of section 50915 of this
title.
(d) Cross-Waivers.--
(1) Administrator authorized to waive.--The Administrator, on
behalf of the United States, and its departments, agencies, and
instrumentalities, may reciprocally waive claims with a
developer or cooperating party and with the related entities of
that developer or cooperating party under which each party to
the waiver agrees to be responsible, and agrees to ensure that
its own related entities are responsible, for damage or loss to
its property for which it is responsible, or for losses
resulting from any injury or death sustained by its own
employees or agents, as a result of activities connected to the
agreement or use of the experimental aerospace vehicle.
(2) Limitations.--
(A) Claims.--A reciprocal waiver under paragraph (1)
may not preclude a claim by any natural person
(including, but not limited to, a natural person who is
an employee of the United States, the developer, the
cooperating party, or their respective subcontractors)
or that natural person's estate, survivors, or
subrogees for injury or death, except with respect to a
subrogee that is a party to the waiver or has otherwise
agreed to be bound by the terms of the waiver.
(B) Liability for negligence.--A reciprocal waiver
under paragraph (1) may not absolve any party of
liability to any natural person (including, but not
limited to, a natural person who is an employee of the
United States, the developer, the cooperating party, or
their respective subcontractors) or such a natural
person's estate, survivors, or subrogees for
negligence, except with respect to a subrogee that is a
party to the waiver or has otherwise agreed to be bound
by the terms of the waiver.
(C) Indemnification for damages.--A reciprocal waiver
under paragraph (1) may not be used as the basis of a
claim by the Administration, or the developer or
cooperating party, for indemnification against the
other for damages paid to a natural person, or that
natural person's estate, survivors, or subrogees, for
injury or death sustained by that natural person as a
result of activities connected to the agreement or use
of the experimental aerospace vehicle.
(D) Willful misconduct.--A reciprocal waiver under
paragraph (1) may not relieve the United States, the
developer, the cooperating party, or the related
entities of the developer or cooperating party, of
liability for damage or loss resulting from willful
misconduct.
(3) Effect on previous waivers.--This subsection applies to
any waiver of claims entered into by the Administration without
regard to the date on which the Administration entered into the
waiver.
(e) Relationship to Other Laws.--
(1) Section 20138.--This section does not apply to any
object, transaction, or operation to which section 20138 of
this title applies.
(2) Section 50919(g)(1).--The Administrator may not provide
indemnification to a developer under this section for launches
subject to license under section 50919(g)(1) of this title.
(f) Termination.--
(1) In general.--The provisions of this section shall
terminate on December 31, 2010.
(2) Effect of termination on agreement.--The termination of
this section shall not terminate or otherwise affect any cross-
waiver agreement, insurance agreement, indemnification
agreement, or other agreement entered into under this section,
except as may be provided in that agreement.
Sec. 20140. Appropriations
(a) Authorization.--
(1) In general.--There are authorized to be appropriated such
sums as may be necessary to carry out this chapter, except that
nothing in this chapter shall authorize the appropriation of
any amount for--
(A) the acquisition or condemnation of any real
property; or
(B) any other item of a capital nature (such as plant
or facility acquisition, construction, or expansion)
which exceeds $250,000.
(2) Availability.--Sums appropriated pursuant to this
subsection for the construction of facilities, or for research
and development activities, shall remain available until
expended.
(b) Use of Funds for Emergency Repairs of Existing Facilities.--Any
funds appropriated for the construction of facilities may be used for
emergency repairs of existing facilities when such existing facilities
are made inoperative by major breakdown, accident, or other
circumstances and such repairs are deemed by the Administrator to be of
greater urgency than the construction of new facilities.
(c) Termination.--Notwithstanding any other provision of law, the
authorization of any appropriation to the Administration shall expire
(unless an earlier expiration is specifically provided) at the close of
the third fiscal year following the fiscal year in which the
authorization was enacted, to the extent that such appropriation has
not theretofore actually been made.
Sec. 20141. Misuse of agency name and initials
(a) In General.--No person (as defined by section 20135(a) of this
title) may knowingly use the words ``National Aeronautics and Space
Administration'' or the letters ``NASA'', or any combination,
variation, or colorable imitation of those words or letters either
alone or in combination with other words or letters--
(1) as a firm or business name in a manner reasonably
calculated to convey the impression that the firm or business
has some connection with, endorsement of, or authorization
from, the Administration which does not, in fact, exist; or
(2) in connection with any product or service being offered
or made available to the public in a manner reasonably
calculated to convey the impression that the product or service
has the authorization, support, sponsorship, or endorsement of,
or the development, use, or manufacture by or on behalf of the
Administration which does not, in fact, exist.
(b) Civil Proceeding To Enjoin.--Whenever it appears to the Attorney
General that any person is engaged in an act or practice which
constitutes or will constitute conduct prohibited by subsection (a),
the Attorney General may initiate a civil proceeding in a district
court of the United States to enjoin such act or practice.
Sec. 20142. Contracts regarding expendable launch vehicles
(a) Commitments Beyond Available Appropriations.--The Administrator
may enter into contracts for expendable launch vehicle services that
are for periods in excess of the period for which funds are otherwise
available for obligation, provide for the payment for contingent
liability which may accrue in excess of available appropriations in the
event the Federal Government for its convenience terminates such
contracts, and provide for advance payments reasonably related to
launch vehicle and related equipment, fabrication, and acquisition
costs, if any such contract limits the amount of the payments that the
Government is allowed to make under such contract to amounts provided
in advance in appropriation Acts. Such contracts may be limited to
sources within the United States when the Administrator determines that
such limitation is in the public interest.
(b) Termination if Funds Not Available.--If funds are not available
to continue any such contract, the contract shall be terminated for the
convenience of the Government, and the costs of such contract shall be
paid from appropriations originally available for performance of the
contract, from other unobligated appropriations currently available for
the procurement of launch services, or from funds appropriated for such
payments.
Sec. 20143. Full cost appropriations account structure
(a) Accounts for Appropriations.--
(1) Designation of 3 accounts.--Appropriations for the
Administration shall be made in 3 accounts, ``Science,
Aeronautics, and Education'', ``Exploration Systems and Space
Operations'', and an account for amounts appropriated for the
necessary expenses of the Office of the Inspector General.
(2) Reprogramming.--Within the Exploration Systems and Space
Operations account, no more than 10 percent of the funds for a
fiscal year for Exploration Systems may be reprogrammed for
Space Operations, and no more than 10 percent of the funds for
a fiscal year for Space Operations may be reprogrammed for
Exploration Systems. This paragraph shall not apply to
reprogramming for the purposes described in subsection (b)(2).
(3) Availability.--Appropriations shall remain available for
2 fiscal years, unless otherwise specified in law. Each account
shall include the planned full costs of Administration
activities.
(b) Transfers Among Accounts.--
(1) In general.--To ensure the safe, timely, and successful
accomplishment of Administration missions, the Administration
may transfer among accounts as necessary, amounts for--
(A) Federal salaries and benefits;
(B) training, travel, and awards;
(C) facility and related costs;
(D) information technology services;
(E) publishing services;
(F) science, engineering, fabricating, and testing
services; and
(G) other administrative services.
(2) Disaster, act of terrorism, emergency rescue.--The
Administration may also transfer amounts among accounts for the
immediate costs of recovering from damage caused by a major
disaster (as defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))
or by an act of terrorism, or for the immediate costs
associated with an emergency rescue of astronauts.
(c) Transfer of Unexpired Balances.--The unexpired balances of prior
appropriations to the Administration for activities authorized under
this chapter may be transferred to the new account established for such
activity in subsection (a). Balances so transferred may be merged with
funds in the newly established account and thereafter may be accounted
for as one fund under the same terms and conditions.
Sec. 20144. Prize authority
(a) In General.--The Administration may carry out a program to
competitively award cash prizes to stimulate innovation in basic and
applied research, technology development, and prototype demonstration
that have the potential for application to the performance of the space
and aeronautical activities of the Administration. The Administration
may carry out a program to award prizes only in conformity with this
section.
(b) Topics.--In selecting topics for prize competitions, the
Administrator shall consult widely both within and outside the Federal
Government, and may empanel advisory committees. The Administrator
shall give consideration to prize goals such as the demonstration of
the ability to provide energy to the lunar surface from space-based
solar power systems, demonstration of innovative near-Earth object
survey and deflection strategies, and innovative approaches to
improving the safety and efficiency of aviation systems.
(c) Advertising.--The Administrator shall widely advertise prize
competitions to encourage participation.
(d) Requirements and Registration.--For each prize competition, the
Administrator shall publish a notice in the Federal Register announcing
the subject of the competition, the rules for being eligible to
participate in the competition, the amount of the prize, and the basis
on which a winner will be selected.
(e) Eligibility.--To be eligible to win a prize under this section,
an individual or entity--
(1) shall have registered to participate in the competition
pursuant to any rules promulgated by the Administrator under
subsection (d);
(2) shall have complied with all the requirements under this
section;
(3) in the case of a private entity, shall be incorporated in
and maintain a primary place of business in the United States,
and in the case of an individual, whether participating singly
or in a group, shall be a citizen or permanent resident of the
United States; and
(4) shall not be a Federal entity or Federal employee acting
within the scope of their employment.
(f) Liability.--
(1) Assumption of risk.--Registered participants must agree
to assume any and all risks and waive claims against the
Federal Government and its related entities, except in the case
of willful misconduct, for any injury, death, damage, or loss
of property, revenue, or profits, whether direct, indirect, or
consequential, arising from their participation in a
competition, whether such injury, death, damage, or loss arises
through negligence or otherwise. For the purposes of this
paragraph, the term ``related entity'' means a contractor or
subcontractor at any tier, and a supplier, user, customer,
cooperating party, grantee, investigator, or detailee.
(2) Liability insurance.--Participants must obtain liability
insurance or demonstrate financial responsibility, in amounts
determined by the Administrator, for claims by--
(A) a third party for death, bodily injury, or
property damage, or loss resulting from an activity
carried out in connection with participation in a
competition, with the Federal Government named as an
additional insured under the registered participant's
insurance policy and registered participants agreeing
to indemnify the Federal Government against third party
claims for damages arising from or related to
competition activities; and
(B) the Federal Government for damage or loss to
Government property resulting from such an activity.
(g) Judges.--For each competition, the Administration, either
directly or through an agreement under subsection (h), shall assemble a
panel of qualified judges to select the winner or winners of the prize
competition on the basis described pursuant to subsection (d). Judges
for each competition shall include individuals from outside the
Administration, including from the private sector. A judge may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity that is a
registered participant in a competition; or
(2) have a familial or financial relationship with an
individual who is a registered participant.
(h) Administering the Competition.--The Administrator may enter into
an agreement with a private, nonprofit entity to administer the prize
competition, subject to the provisions of this section.
(i) Funding.--
(1) Sources.--Prizes under this section may consist of
Federal appropriated funds and funds provided by the private
sector for such cash prizes. The Administrator may accept funds
from other Federal agencies for such cash prizes. The
Administrator may not give any special consideration to any
private sector entity in return for a donation.
(2) Availability.--
(A) Definition of provisions known as the anti-
deficiency act.--In this paragraph, the term
``provisions known as the Anti-Deficiency Act'' means
sections 1341, 1342, 1349(a), 1350, 1351, 1511, 1512,
1513, 1514, 1515, 1516, 1517, 1518, and 1519 of title
31.
(B) In general.--Notwithstanding any other provision
of law, funds appropriated for prize awards under this
section shall remain available until expended, and may
be transferred, reprogrammed, or expended for other
purposes only after the expiration of 10 fiscal years
after the fiscal year for which the funds were
originally appropriated. No provision in this section
permits obligation or payment of funds in violation of
the provisions known as the Anti-Deficiency Act.
(3) Appropriation or commitment of funds required before
announcement of prize or increase.--
(A) In general.--No prize may be announced under
subsection (d) until all the funds needed to pay out
the announced amount of the prize have been
appropriated or committed in writing by a private
source.
(B) Increase.--The Administrator may increase the
amount of a prize after an initial announcement is made
under subsection (d) if--
(i) notice of the increase is provided in the
same manner as the initial notice of the prize;
and
(ii) the funds needed to pay out the
announced amount of the increase have been
appropriated or committed in writing by a
private source.
(4) Notice to committees for prize greater than
$50,000,000.--No prize competition under this section may offer
a prize in an amount greater than $50,000,000 unless 30 days
have elapsed after written notice has been transmitted to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(5) Approval of administrator for prize greater than
$1,000,000.--No prize competition under this section may result
in the award of more than $1,000,000 in cash prizes without the
approval of the Administrator.
(j) Use of Administration Name or Insignia.--A registered participant
in a competition under this section may use the Administration's name,
initials, or insignia only after prior review and written approval by
the Administration.
(k) Compliance With Existing Law.--The Federal Government shall not,
by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
non-proliferation laws, and related regulations.
Sec. 20145. Lease of non-excess property
(a) In General.--The Administrator may enter into a lease under this
section with any person or entity (including another department or
agency of the Federal Government or an entity of a State or local
government) with regard to any non-excess real property and related
personal property under the jurisdiction of the Administrator.
(b) Cash Consideration.--
(1) Fair market value.--A person or entity entering into a
lease under this section shall provide cash consideration for
the lease at fair market value as determined by the
Administrator.
(2) Utilization.--
(A) In general.--The Administrator may utilize
amounts of cash consideration received under this
subsection for a lease entered into under this section
to cover the full costs to the Administration in
connection with the lease. These funds shall remain
available until expended.
(B) Capital revitalization and improvements.--Of any
amounts of cash consideration received under this
subsection that are not utilized in accordance with
subparagraph (A)--
(i) 35 percent shall be deposited in a
capital asset account to be established by the
Administrator, shall be available for
maintenance, capital revitalization, and
improvements of the real property assets and
related personal property under the
jurisdiction of the Administrator, and shall
remain available until expended; and
(ii) the remaining 65 percent shall be
available to the respective center or facility
of the Administration engaged in the lease of
nonexcess real property, and shall remain
available until expended for maintenance,
capital revitalization, and improvements of the
real property assets and related personal
property at the respective center or facility
subject to the concurrence of the
Administrator.
(C) No utilization for daily operating costs.--
Amounts utilized under subparagraph (B) may not be
utilized for daily operating costs.
(c) Additional Terms and Conditions.--The Administrator may require
such terms and conditions in connection with a lease under this section
as the Administrator considers appropriate to protect the interests of
the United States.
(d) Relationship to Other Lease Authority.--The authority under this
section to lease property of the Administration is in addition to any
other authority to lease property of the Administration under law.
(e) Lease Restrictions.--
(1) No lease back or other contract.--The Administration is
not authorized to lease back property under this section during
the term of the out-lease or enter into other contracts with
the lessee respecting the property.
(2) Certification that out-lease will not have negative
impact on mission.--The Administration is not authorized to
enter into an out-lease under this section unless the
Administrator certifies that the out-lease will not have a
negative impact on the mission of the Administration.
(f) Reporting Requirements.--The Administrator shall submit an annual
report by January 31st of each year. The report shall include the
following:
(1) Value of arrangements and expenditures of revenues.--
Information that identifies and quantifies the value of the
arrangements and expenditures of revenues received under this
section.
(2) Availability and use of funds for operating plan.--The
availability and use of funds received under this section for
the Administration's operating plan.
(g) Sunset.--The authority to enter into leases under this section
shall expire 10 years after December 26, 2007. The expiration under
this subsection of authority to enter into leases under this section
shall not affect the validity or term of leases or the Administration's
retention of proceeds from leases entered into under this section
before the expiration of the authority.
Sec. 20146. Retrocession of jurisdiction
(a) Definition of State.--In this section, the term ``State'' means
any of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other commonwealth, territory, or
possession of the United States.
(b) Relinquishing Legislative Jurisdiction.--Notwithstanding any
other provision of law, the Administrator may relinquish to a State all
or part of the legislative jurisdiction of the United States over lands
or interests under the control of the Administrator in that State.
Sec. 20147. Recovery and disposition authority
(a) Definitions.--In this section:
(1) Administration human space flight vehicle.--The term
``Administration human space flight vehicle'' means a space
vehicle, as defined in section 20138(a) of this title, that--
(A) is intended to transport one or more persons;
(B) is designed to operate in outer space; and
(C) is either--
(i) owned by the Administration; or
(ii) owned by an Administration contractor or
cooperating party and operated as part of an
Administration mission or a joint mission with
the Administration.
(2) Crewmember.--The term ``crewmember'' means an astronaut
or other person assigned to an Administration human space
flight vehicle.
(b) Control of Remains.--
(1) In general.--Subject to paragraphs (2) and (3), when
there is an accident or mishap resulting in the death of a
crewmember of an Administration human space flight vehicle, the
Administrator may take control over the remains of the
crewmember and order autopsies and other scientific or medical
tests.
(2) Treatment.--Each crewmember shall provide the
Administrator with the crewmember's preferences regarding the
treatment accorded to the crewmember's remains and the
Administrator shall, to the extent possible, respect those
stated preferences.
(3) Construction.--This section shall not be construed to
permit the Administrator to interfere with any Federal
investigation of a mishap or accident.
SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH
Sec. 20161. Congressional declaration of purpose and policy
(a) Purpose.--The purpose of this subchapter is to authorize and
direct the Administration to develop and carry out a comprehensive
program of research, technology, and monitoring of the phenomena of the
upper atmosphere so as to provide for an understanding of and to
maintain the chemical and physical integrity of the Earth's upper
atmosphere.
(b) Policy.--Congress declares that it is the policy of the United
States to undertake an immediate and appropriate research, technology,
and monitoring program that will provide for understanding the physics
and chemistry of the Earth's upper atmosphere.
Sec. 20162. Definition of upper atmosphere
In this subchapter, the term ``upper atmosphere'' means that portion
of the Earth's sensible atmosphere above the troposphere.
Sec. 20163. Program authorized
(a) In General.--In order to carry out the purposes of this
subchapter, the Administration, in cooperation with other Federal
agencies, shall initiate and carry out a program of research,
technology, monitoring, and other appropriate activities directed to
understand the physics and chemistry of the upper atmosphere.
(b) Activities.--In carrying out the provisions of this subchapter,
the Administration shall--
(1) arrange for participation by the scientific and
engineering community, of both the Nation's industrial
organizations and institutions of higher education, in planning
and carrying out appropriate research, in developing necessary
technology, and in making necessary observations and
measurements;
(2) provide, by way of grant, contract, scholarships, or
other arrangements, to the maximum extent practicable and
consistent with other laws, for the widest practicable and
appropriate participation of the scientific and engineering
community in the program authorized by this subchapter; and
(3) make all results of the program authorized by this
subchapter available to the appropriate regulatory agencies and
provide for the widest practicable dissemination of such
results.
Sec. 20164. International cooperation
In carrying out the provisions of this subchapter, the
Administration, subject to the direction of the President and after
consultation with the Secretary of State, shall make every effort to
enlist the support and cooperation of appropriate scientists and
engineers of other countries and international organizations.
CHAPTER 203--RESPONSIBILITIES AND VISION
Sec.
20301. General responsibilities.
20302. Vision for space exploration.
20303. Contribution to innovation.
20304. Basic research enhancement.
20305. National Academies decadal surveys.
Sec. 20301. General responsibilities
(a) Programs.--The Administrator shall ensure that the Administration
carries out a balanced set of programs that shall include, at a
minimum, programs in--
(1) human space flight, in accordance with section 20302 of
this title;
(2) aeronautics research and development; and
(3) scientific research, which shall include, at a minimum--
(A) robotic missions to study the Moon and other
planets and their moons, and to deepen understanding of
astronomy, astrophysics, and other areas of science
that can be productively studied from space;
(B) Earth science research and research on the Sun-
Earth connection through the development and operation
of research satellites and other means;
(C) support of university research in space science,
Earth science, and microgravity science; and
(D) research on microgravity, including research that
is not directly related to human exploration.
(b) Consultation and Coordination.--In carrying out the programs of
the Administration, the Administrator shall--
(1) consult and coordinate to the extent appropriate with
other relevant Federal agencies, including through the National
Science and Technology Council;
(2) work closely with the private sector, including by--
(A) encouraging the work of entrepreneurs who are
seeking to develop new means to launch satellites,
crew, or cargo;
(B) contracting with the private sector for crew and
cargo services, including to the International Space
Station, to the extent practicable;
(C) using commercially available products (including
software) and services to the extent practicable to
support all Administration activities; and
(D) encouraging commercial use and development of
space to the greatest extent practicable; and
(3) involve other nations to the extent appropriate.
Sec. 20302. Vision for space exploration
(a) In General.--The Administrator shall establish a program to
develop a sustained human presence on the Moon, including a robust
precursor program, to promote exploration, science, commerce, and
United States preeminence in space, and as a stepping-stone to future
exploration of Mars and other destinations. The Administrator is
further authorized to develop and conduct appropriate international
collaborations in pursuit of these goals.
(b) Milestones.--The Administrator shall manage human space flight
programs to strive to achieve the following milestones (in conformity
with section 70502 of this title):
(1) Returning Americans to the Moon no later than 2020.
(2) Launching the Crew Exploration Vehicle as close to 2010
as possible.
(3) Increasing knowledge of the impacts of long duration
stays in space on the human body using the most appropriate
facilities available, including the International Space
Station.
(4) Enabling humans to land on and return from Mars and other
destinations on a timetable that is technically and fiscally
possible.
Sec. 20303. Contribution to innovation
(a) Participation in Interagency Activities.--The Administration
shall be a full participant in any interagency effort to promote
innovation and economic competitiveness through near-term and long-term
basic scientific research and development and the promotion of science,
technology, engineering, and mathematics education, consistent with the
Administration's mission, including authorized activities.
(b) Historic Foundation.--In order to carry out the participation
described in subsection (a), the Administrator shall build on the
historic role of the Administration in stimulating excellence in the
advancement of physical science and engineering disciplines and in
providing opportunities and incentives for the pursuit of academic
studies in science, technology, engineering, and mathematics.
(c) Balanced Science Program and Robust Authorization Levels.--The
balanced science program authorized by section 101(d) of the National
Aeronautics and Space Administration Authorization Act of 2005 (42
U.S.C. 16611(d)) shall be an element of the contribution by the
Administration to the interagency programs.
(d) Annual Report.--
(1) Requirement.--The Administrator shall submit to Congress
and the President an annual report describing the activities
conducted pursuant to this section, including a description of
the goals and the objective metrics upon which funding
decisions were made.
(2) Content.--Each report submitted pursuant to paragraph (1)
shall include, with regard to science, technology, engineering,
and mathematics education programs, at a minimum, the
following:
(A) A description of each program.
(B) The amount spent on each program.
(C) The number of students or teachers served by each
program.
Sec. 20304. Basic research enhancement
(a) Definition of Basic Research.--In this section, the term ``basic
research'' has the meaning given the term in Office of Management and
Budget Circular No. A-11.
(b) Coordination.--The Administrator, the Director of the National
Science Foundation, the Secretary of Energy, the Secretary of Defense,
and the Secretary of Commerce shall, to the extent practicable,
coordinate basic research activities related to physical sciences,
technology, engineering, and mathematics.
Sec. 20305. National Academies decadal surveys
(a) In General.--The Administrator shall enter into agreements on a
periodic basis with the National Academies for independent assessments,
also known as decadal surveys, to take stock of the status and
opportunities for Earth and space science discipline fields and
Aeronautics research and to recommend priorities for research and
programmatic areas over the next decade.
(b) Independent Cost Estimates.--The agreements described in
subsection (a) shall include independent estimates of the life cycle
costs and technical readiness of missions assessed in the decadal
surveys whenever possible.
(c) Reexamination.--The Administrator shall request that each
National Academies decadal survey committee identify any conditions or
events, such as significant cost growth or scientific or technological
advances, that would warrant the Administration asking the National
Academies to reexamine the priorities that the decadal survey had
established.
Subtitle III--Administrative Provisions
CHAPTER 301--APPROPRIATIONS, BUDGETS, AND ACCOUNTING
Sec.
30101. Prior authorization of appropriations required.
30102. Working capital fund.
30103. Budgets.
30104. Baselines and cost controls.
Sec. 30101. Prior authorization of appropriations required
Notwithstanding the provisions of any other law, no appropriation may
be made to the Administration unless previously authorized by
legislation enacted by Congress.
Sec. 30102. Working capital fund
(a) Establishment.--There is hereby established in the United States
Treasury an Administration working capital fund.
(b) Availability of Amounts.--
(1) In general.--Amounts in the fund are available for
financing activities, services, equipment, information, and
facilities as authorized by law to be provided--
(A) within the Administration;
(B) to other agencies or instrumentalities of the
United States;
(C) to any State, territory, or possession or
political subdivision thereof;
(D) to other public or private agencies; or
(E) to any person, firm, association, corporation, or
educational institution on a reimbursable basis.
(2) Capital repairs.--The fund shall also be available for
the purpose of funding capital repairs, renovations,
rehabilitation, sustainment, demolition, or replacement of
Administration real property, on a reimbursable basis within
the Administration.
(3) No fiscal year limitation.--Amounts in the fund are
available without regard to fiscal year limitation.
(c) Contents.--The capital of the fund consists of--
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment,
and other assets and inventories on order that the
Administrator transfers to the fund, less the related
liabilities and unpaid obligations; and
(3) payments received for loss or damage to property of the
fund.
(d) Reimbursement.--The fund shall be reimbursed, in advance, for
supplies and services at rates that will approximate the expenses of
operation, such as the accrual of annual leave, depreciation of plant,
property, and equipment, and overhead.
Sec. 30103. Budgets
(a) Categories.--The proposed budget for the Administration submitted
by the President for each fiscal year shall be accompanied by documents
showing--
(1) by program--
(A) the budget for space operations, including the
International Space Station and the space shuttle;
(B) the budget for exploration systems;
(C) the budget for aeronautics;
(D) the budget for space science;
(E) the budget for Earth science;
(F) the budget for microgravity science;
(G) the budget for education;
(H) the budget for safety oversight; and
(I) the budget for public relations;
(2) the budget for technology transfer programs;
(3) the budget for the Integrated Enterprise Management
Program, by individual element;
(4) the budget for the Independent Technical Authority, both
total and by center;
(5) the total budget for the prize program under section
20144 of this title, and the administrative budget for that
program; and
(6) the comparable figures for at least the 2 previous fiscal
years for each item in the proposed budget.
(b) Additional Budget Information Upon Request by Committees.--The
Administration shall make available, upon request from the Committee on
Science and Technology of the House of Representatives or the Committee
on Commerce, Science, and Transportation of the Senate--
(1) information on corporate and center general and
administrative costs and service pool costs, including--
(A) the total amount of funds being allocated for
those purposes for any fiscal year for which the
President has submitted an annual budget request to
Congress;
(B) the amount of funds being allocated for those
purposes for each center, for headquarters, and for
each directorate; and
(C) the major activities included in each cost
category; and
(2) the figures on the amount of unobligated funds and
unexpended funds, by appropriations account--
(A) that remained at the end of the fiscal year prior
to the fiscal year in which the budget is being
presented that were carried over into the fiscal year
in which the budget is being presented;
(B) that are estimated will remain at the end of the
fiscal year in which the budget is being presented that
are proposed to be carried over into the fiscal year
for which the budget is being presented; and
(C) that are estimated will remain at the end of the
fiscal year for which the budget is being presented.
(c) Information in Annual Budget Justification.--The Administration
shall provide, at a minimum, the following information in its annual
budget justification:
(1) The actual, current, proposed funding level, and
estimated budgets for the next 5 fiscal years by directorate,
theme, program, project and activity within each appropriations
account.
(2) The proposed programmatic and non-programmatic
construction of facilities.
(3) The budget for headquarters including--
(A) the budget by office, and any division thereof,
for the actual, current, proposed funding level, and
estimated budgets for the next 5 fiscal years;
(B) the travel budget for each office, and any
division thereof, for the actual, current, and proposed
funding level; and
(C) the civil service full time equivalent
assignments per headquarters office, and any division
thereof, including the number of Senior Executive
Service, noncareer, detailee, and contract personnel
per office.
(4) Within 14 days of the submission of the budget to
Congress an accompanying volume shall be provided to the
Committees on Appropriations containing the following
information for each center, facility managed by any center,
and federally funded research and development center operated
on behalf of the Administration:
(A) The actual, current, proposed funding level, and
estimated budgets for the next 5 fiscal years by
directorate, theme, program, project, and activity.
(B) The proposed programmatic and non-programmatic
construction of facilities.
(C) The number of civil service full time equivalent
positions per center for each identified fiscal year.
(D) The number of civil service full time equivalent
positions considered to be uncovered capacity at each
location for each identified fiscal year.
(5) The proposed budget as designated by object class for
each directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain the
request for each program, project, and activity, and an
explanation for any deviation to previously adopted baselines
for all justification materials provided to the Committees.
(d) Estimate of Gross Receipts and Proposed Use of Funds Related to
Lease of Property.--Each annual budget request shall include an annual
estimate of gross receipts and collections and proposed use of all
funds collected pursuant to section 20145 of this title.
Sec. 30104. Baselines and cost controls
(a) Definitions.--In this section:
(1) Development.--The term ``development'' means the phase of
a program following the formulation phase and beginning with
the approval to proceed to implementation, as defined in the
Administration's Procedural Requirements 7120.5c, dated March
22, 2005.
(2) Development cost.--The term ``development cost'' means
the total of all costs, including construction of facilities
and civil servant costs, from the period beginning with the
approval to proceed to implementation through the achievement
of operational readiness, without regard to funding source or
management control, for the life of the program.
(3) Life-cycle cost.--The term ``life-cycle cost'' means the
total of the direct, indirect, recurring, and nonrecurring
costs, including the construction of facilities and civil
servant costs, and other related expenses incurred or estimated
to be incurred in the design, development, verification,
production, operation, maintenance, support, and retirement of
a program over its planned lifespan, without regard to funding
source or management control.
(4) Major program.--The term ``major program'' means an
activity approved to proceed to implementation that has an
estimated life-cycle cost of more than $250,000,000.
(b) Conditions for Development.--
(1) In general.--The Administration shall not enter into a
contract for the development of a major program unless the
Administrator determines that--
(A) the technical, cost, and schedule risks of the
program are clearly identified and the program has
developed a plan to manage those risks;
(B) the technologies required for the program have
been demonstrated in a relevant laboratory or test
environment; and
(C) the program complies with all relevant policies,
regulations, and directives of the Administration.
(2) Report.--The Administrator shall transmit a report
describing the basis for the determination required under
paragraph (1) to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate at least 30 days
before entering into a contract for development under a major
program.
(3) Nondelegation.--The Administrator may not delegate the
determination requirement under this subsection, except in
cases in which the Administrator has a conflict of interest.
(c) Major Program Annual Reports.--
(1) Requirement.--Annually, at the same time as the
President's annual budget submission to Congress, the
Administrator shall transmit to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
that includes the information required by this section for each
major program for which the Administration proposes to expend
funds in the subsequent fiscal year. Reports under this
paragraph shall be known as Major Program Annual Reports.
(2) Baseline report.--The first Major Program Annual Report
for each major program shall include a Baseline Report that
shall, at a minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the
program, with a detailed breakout of the development
cost, program reserves, and an estimate of the annual
costs until development is completed;
(C) the schedule for development, including key
program milestones;
(D) the plan for mitigating technical, cost, and
schedule risks identified in accordance with subsection
(b)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (d), who shall be an
individual whose primary responsibility is overseeing
the program.
(3) Information updates.--For major programs for which a
Baseline Report has been submitted, each subsequent Major
Program Annual Report shall describe any changes to the
information that had been provided in the Baseline Report, and
the reasons for those changes.
(d) Notification.--
(1) Requirement.--The individual identified under subsection
(c)(2)(E) shall immediately notify the Administrator any time
that individual has reasonable cause to believe that, for the
major program for which he or she is responsible--
(A) the development cost of the program is likely to
exceed the estimate provided in the Baseline Report of
the program by 15 percent or more; or
(B) a milestone of the program is likely to be
delayed by 6 months or more from the date provided for
it in the Baseline Report of the program.
(2) Reasons.--Not later than 30 days after the notification
required under paragraph (1), the individual identified under
subsection (c)(2)(E) shall transmit to the Administrator a
written notification explaining the reasons for the change in
the cost or milestone of the program for which notification was
provided under paragraph (1).
(3) Notification of congress.--Not later than 15 days after
the Administrator receives a written notification under
paragraph (2), the Administrator shall transmit the
notification to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
(e) Fifteen Percent Threshold.--
(1) Determination, report, and initiation of analysis.--Not
later than 30 days after receiving a written notification under
subsection (d)(2), the Administrator shall determine whether
the development cost of the program is likely to exceed the
estimate provided in the Baseline Report of the program by 15
percent or more, or whether a milestone is likely to be delayed
by 6 months or more. If the determination is affirmative, the
Administrator shall--
(A) transmit to the Committee on Science and
Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate, not later than 15 days after making the
determination, a report that includes--
(i) a description of the increase in cost or
delay in schedule and a detailed explanation
for the increase or delay;
(ii) a description of actions taken or
proposed to be taken in response to the cost
increase or delay; and
(iii) a description of any impacts the cost
increase or schedule delay, or the actions
described under clause (ii), will have on any
other program within the Administration; and
(B) if the Administrator intends to continue with the
program, promptly initiate an analysis of the program,
which shall include, at a minimum--
(i) the projected cost and schedule for
completing the program if current requirements
of the program are not modified;
(ii) the projected cost and the schedule for
completing the program after instituting the
actions described under subparagraph (A)(ii);
and
(iii) a description of, and the projected
cost and schedule for, a broad range of
alternatives to the program.
(2) Completion of analysis and transmittal to committees.--
The Administration shall complete an analysis initiated under
paragraph (1)(B) not later than 6 months after the
Administrator makes a determination under this subsection. The
Administrator shall transmit the analysis to the Committee on
Science and Technology of the House of Representatives and
Committee on Commerce, Science, and Transportation of the
Senate not later than 30 days after its completion.
(f) Thirty Percent Threshold.--If the Administrator determines under
subsection (e) that the development cost of a program will exceed the
estimate provided in the Baseline Report of the program by more than 30
percent, then, beginning 18 months after the date the Administrator
transmits a report under subsection (e)(1)(A), the Administrator shall
not expend any additional funds on the program, other than termination
costs, unless Congress has subsequently authorized continuation of the
program by law. An appropriation for the specific program enacted
subsequent to a report being transmitted shall be considered an
authorization for purposes of this subsection. If the program is
continued, the Administrator shall submit a new Baseline Report for the
program no later than 90 days after the date of enactment of the Act
under which Congress has authorized continuation of the program.
CHAPTER 303--CONTRACTING AND PROCUREMENT
Sec.
30301. Guaranteed customer base.
30302. Quality assurance personnel.
30303. Tracking and data relay satellite services.
30304. Award of contracts to small businesses and disadvantaged
individuals.
30305. Outreach program.
30306. Small business contracting.
30307. Requirement for independent cost analysis.
30308. Cost effectiveness calculations.
30309. Use of abandoned and underutilized buildings, grounds, and
facilities.
30310. Exception to alternative fuel procurement requirement.
Sec. 30301. Guaranteed customer base
No amount appropriated to the Administration may be used to fund
grants, contracts, or other agreements with an expected duration of
more than one year, when a primary effect of the grant, contract, or
agreement is to provide a guaranteed customer base for or establish an
anchor tenancy in new commercial space hardware or services unless an
appropriations Act specifies the new commercial space hardware or
services to be developed or used, or the grant, contract, or agreement
is otherwise identified in such Act.
Sec. 30302. Quality assurance personnel
(a) Exclusion of Administration Personnel.--A person providing
articles to the Administration under a contract entered into after
December 9, 1991, may not exclude Administration quality assurance
personnel from work sites except as provided in a contract provision
that has been submitted to Congress as provided in subsection (b).
(b) Contract Provisions.--The Administration shall not enter into any
contract which permits the exclusion of Administration quality
assurance personnel from work sites unless the Administrator has
submitted a copy of the provision permitting such exclusion to Congress
at least 60 days before entering into the contract.
Sec. 30303. Tracking and data relay satellite services
(a) Contracts.--The Administration is authorized, when so provided in
an appropriation Act, to enter into and to maintain a contract for
tracking and data relay satellite services. Such services shall be
furnished to the Administration in accordance with applicable
authorization and appropriations Acts. The Government shall incur no
costs under such contract prior to the furnishing of such services
except that the contract may provide for the payment for contingent
liability of the Government which may accrue in the event the
Government should decide for its convenience to terminate the contract
before the end of the period of the contract. Facilities which may be
required in the performance of the contract may be constructed on
Government-owned lands if there is included in the contract a provision
under which the Government may acquire title to the facilities, under
terms and conditions agreed upon in the contract, upon termination of
the contract.
(b) Reports to Congress.--The Administrator shall in January of each
year report to the Committee on Science and Technology and the
Committee on Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate the projected aggregate contingent
liability of the Government under termination provisions of any
contract authorized in this section through the next fiscal year. The
authority of the Administration to enter into and to maintain the
contract authorized hereunder shall remain in effect unless repealed by
legislation enacted by Congress.
Sec. 30304. Award of contracts to small businesses and disadvantaged
individuals
The Administrator shall annually establish a goal of at least 8
percent of the total value of prime and subcontracts awarded in support
of authorized programs, including the space station by the time
operational status is obtained, which funds will be made available to
small business concerns or other organizations owned or controlled by
socially and economically disadvantaged individuals (within the meaning
of paragraphs (5) and (6) of section 8(a) of the Small Business Act (15
U.S.C. 637(a))), including Historically Black Colleges and Universities
that are part B institutions (as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving
institutions (as defined in section 502(a)(5) of that Act (20 U.S.C.
1101a(a)(5))), Tribal Colleges or Universities (as defined in section
316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Native-serving
institutions (as defined in section 317(b)(2) of that Act (20 U.S.C.
1059d(b)(2))), Native Hawaiian-serving institutions (as defined in
section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority
educational institutions (as defined by the Secretary of Education
pursuant to the General Education Provisions Act (20 U.S.C. 1221 et
seq.)).
Sec. 30305. Outreach program
(a) Establishment.--The Administration shall competitively select an
organization to partner with Administration centers, aerospace
contractors, and academic institutions to carry out a program to help
promote the competitiveness of small, minority-owned, and women-owned
businesses in communities across the United States through enhanced
insight into the technologies of the Administration's space and
aeronautics programs. The program shall support the mission of the
Administration's Innovative Partnerships Program with its emphasis on
joint partnerships with industry, academia, government agencies, and
national laboratories.
(b) Program Structure.--In carrying out the program described in
subsection (a), the organization shall support the mission of the
Administration's Innovative Partnerships Program by undertaking the
following activities:
(1) Facilitating enhanced insight.--Facilitating the enhanced
insight of the private sector into the Administration's
technologies in order to increase the competitiveness of the
private sector in producing viable commercial products.
(2) Creating network.--Creating a network of academic
institutions, aerospace contractors, and Administration centers
that will commit to donating appropriate technical assistance
to small businesses, giving preference to socially and
economically disadvantaged small business concerns, small
business concerns owned and controlled by service-disabled
veterans, and HUBZone small business concerns. This paragraph
shall not apply to any contracting actions entered into or
taken by the Administration.
(3) Creating network of economic development organizations.--
Creating a network of economic development organizations to
increase the awareness and enhance the effectiveness of the
program nationwide.
(c) Report.--Not later than one year after October 15, 2008, and
annually thereafter, the Administrator shall submit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
describing the efforts and accomplishments of the program established
under subsection (a) in support of the Administration's Innovative
Partnerships Program. As part of the report, the Administrator shall
provide--
(1) data on the number of small businesses receiving
assistance, jobs created and retained, and volunteer hours
donated by the Administration, contractors, and academic
institutions nationwide;
(2) an estimate of the total dollar value of the economic
impact made by small businesses that received technical
assistance through the program; and
(3) an accounting of the use of funds appropriated for the
program.
Sec. 30306. Small business contracting
(a) Plan.--In consultation with the Small Business Administration,
the Administrator shall develop a plan to maximize the number and
amount of contracts awarded to small business concerns (within the
meaning given that term in section 3 of the Small Business Act (15
U.S.C. 632)) and to meet established contracting goals for such
concerns.
(b) Priority.--The Administrator shall establish as a priority
meeting the contracting goals developed in conjunction with the Small
Business Administration to maximize the amount of prime contracts, as
measured in dollars, awarded in each fiscal year by the Administration
to small business concerns (within the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632)).
Sec. 30307. Requirement for independent cost analysis
(a) Definition of Implementation.--In this section, the term
``implementation'' means all activity in the life cycle of a project
after preliminary design, independent assessment of the preliminary
design, and approval to proceed into implementation, including critical
design, development, certification, launch, operations, disposal of
assets, and, for technology programs, development, testing, analysis,
and communication of the results.
(b) Requirement.--Before any funds may be obligated for
implementation of a project that is projected to cost more than
$250,000,000 in total project costs, the Administrator shall conduct
and consider an independent life-cycle cost analysis of the project and
shall report the results to Congress. In developing cost accounting and
reporting standards for carrying out this section, the Administrator
shall, to the extent practicable and consistent with other laws,
solicit the advice of experts outside of the Administration.
Sec. 30308. Cost effectiveness calculations
(a) Definitions.--In this section:
(1) Commercial provider.--The term ``commercial provider''
means any person providing space transportation services or
other space-related activities, the primary control of which is
held by persons other than a Federal, State, local, or foreign
government.
(2) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and
any other commonwealth, territory, or possession of the United
States.
(b) In General.--Except as otherwise required by law, in calculating
the cost effectiveness of the cost of the Administration engaging in an
activity as compared to a commercial provider, the Administrator shall
compare the cost of the Administration engaging in the activity using
full cost accounting principles with the price the commercial provider
will charge for such activity.
Sec. 30309. Use of abandoned and underutilized buildings, grounds, and
facilities
(a) Definition of Depressed Communities.--In this section, the term
``depressed communities'' means rural and urban communities that are
relatively depressed, in terms of age of housing, extent of poverty,
growth of per capita income, extent of unemployment, job lag, or
surplus labor.
(b) In General.--In any case in which the Administrator considers the
purchase, lease, or expansion of a facility to meet requirements of the
Administration, the Administrator shall consider whether those
requirements could be met by the use of one of the following:
(1) Abandoned or underutilized buildings, grounds, and
facilities in depressed communities that can be converted to
Administration usage at a reasonable cost, as determined by the
Administrator.
(2) Any military installation that is closed or being closed,
or any facility at such an installation.
(3) Any other facility or part of a facility that the
Administrator determines to be--
(A) owned or leased by the United States for the use
of another agency of the Federal Government; and
(B) considered by the head of the agency involved to
be--
(i) excess to the needs of that agency; or
(ii) underutilized by that agency.
Sec. 30310. Exception to alternative fuel procurement requirement
Section 526(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17142(a)) does not prohibit the Administration from entering
into a contract to purchase a generally available fuel that is not an
alternative or synthetic fuel or predominantly produced from a
nonconventional petroleum source, if--
(1) the contract does not specifically require the contractor
to provide an alternative or synthetic fuel or fuel from a
nonconventional petroleum source;
(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
(3) the contract does not provide incentives for a refinery
upgrade or expansion to allow a refinery to use or increase its
use of fuel from a nonconventional petroleum source.
CHAPTER 305--MANAGEMENT AND REVIEW
Sec.
30501. Lessons learned and best practices.
30502. Whistleblower protection.
30503. Performance assessments.
30504. Assessment of science mission extensions.
Sec. 30501. Lessons learned and best practices
(a) In General.--The Administrator shall transmit to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate an
implementation plan describing the Administration's approach for
obtaining, implementing, and sharing lessons learned and best practices
for its major programs and projects not later than 180 days after
December 30, 2005. The implementation plan shall be updated and
maintained to ensure that it is current and consistent with the
burgeoning culture of learning and safety that is emerging at the
Administration.
(b) Required Content.--The implementation plan shall contain at a
minimum the lessons learned and best practices requirements for the
Administration, the organizations or positions responsible for
enforcement of the requirements, the reporting structure, and the
objective performance measures indicating the effectiveness of the
activity.
(c) Incentives.--The Administrator shall provide incentives to
encourage sharing and implementation of lessons learned and best
practices by employees, projects, and programs, as well as penalties
for programs and projects that are determined not to have demonstrated
use of those resources.
Sec. 30502. Whistleblower protection
(a) In General.--Not later than 1 year after December 30, 2005, the
Administrator shall transmit to the Committee on Science and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan describing steps to be taken by
the Administration to protect from retaliation Administration employees
who raise concerns about substantial and specific dangers to public
health and safety or about substantial and specific factors that could
threaten the success of a mission. The plan shall be designed to ensure
that Administration employees have the full protection required by law.
The Administrator shall implement the plan not more than 1 year after
its transmittal.
(b) Goal.--The Administrator shall ensure that the plan describes a
system that will protect employees who wish to raise or have raised
concerns described in subsection (a).
(c) Plan.--At a minimum, the plan shall include, consistent with
Federal law--
(1) a reporting structure that ensures that the officials who
are the subject of a whistleblower's complaint will not learn
the identity of the whistleblower;
(2) a single point to which all complaints can be made
without fear of retribution;
(3) procedures to enable the whistleblower to track the
status of the case;
(4) activities to educate employees about their rights as
whistleblowers and how they are protected by law;
(5) activities to educate employees about their obligations
to report concerns and their accountability before and after
receiving the results of the investigations into their
concerns; and
(6) activities to educate all appropriate Administration
Human Resources professionals, and all Administration managers
and supervisors, regarding personnel laws, rules, and
regulations.
(d) Report.--Not later than February 15 of each year beginning
February 15, 2007, the Administrator shall transmit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the concerns described in subsection (a) that were raised during the
previous fiscal year. At a minimum, the report shall provide--
(1) the number of concerns that were raised, divided into the
categories of safety and health, mission assurance, and
mismanagement, and the disposition of those concerns, including
whether any employee was disciplined as a result of a concern
having been raised; and
(2) any recommendations for reforms to further prevent
retribution against employees who raise concerns.
Sec. 30503. Performance assessments
(a) In General.--The performance of each division in the Science
directorate of the Administration shall be reviewed and assessed by the
National Academy of Sciences at 5-year intervals.
(b) Timing.--Beginning with the first fiscal year following December
30, 2005, the Administrator shall select at least one division for
review under this section. The Administrator shall select divisions so
that all disciplines will have received their first review within 6
fiscal years of December 30, 2005.
(c) Reports.--Not later than March 1 of each year, beginning with the
first fiscal year after December 30, 2005, the Administrator shall
transmit a report to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) setting forth in detail the results of any external
review under subsection (a);
(2) setting forth in detail actions taken by the
Administration in response to any external review; and
(3) including a summary of findings and recommendations from
any other relevant external reviews of the Administration's
science mission priorities and programs.
Sec. 30504. Assessment of science mission extensions
(a) Assessment.--The Administrator shall carry out biennial reviews
within each of the Science divisions to assess the cost and benefits of
extending the date of the termination of data collection for those
missions that have exceeded their planned mission lifetime.
(b) Consultation and Consideration of Potential Benefits of
Instruments on Missions.--For those missions that have an operational
component, the National Oceanic and Atmospheric Administration or any
other affected agency shall be consulted and the potential benefits of
instruments on missions that are beyond their planned mission lifetime
taken into account.
CHAPTER 307--INTERNATIONAL COOPERATION AND COMPETITION
Sec.
30701. Competitiveness and international cooperation.
30702. Foreign contract limitation.
30703. Foreign launch vehicles.
30704. Offshore performance of contracts for the procurement of goods
and services.
Sec. 30701. Competitiveness and international cooperation
(a) Limitation.--
(1) Solicitation of comment.--As part of the evaluation of
the costs and benefits of entering into an obligation to
conduct a space mission in which a foreign entity will
participate as a supplier of the spacecraft, spacecraft system,
or launch system, the Administrator shall solicit comment on
the potential impact of such participation through notice
published in Commerce Business Daily at least 45 days before
entering into such an obligation.
(2) Agreements with people's republic of china.--The
Administrator shall certify to Congress at least 15 days in
advance of any cooperative agreement with the People's Republic
of China, or any company owned by the People's Republic of
China or incorporated under the laws of the People's Republic
of China, involving spacecraft, spacecraft systems, launch
systems, or scientific or technical information, that--
(A) the agreement is not detrimental to the United
States space launch industry; and
(B) the agreement, including any indirect technical
benefit that could be derived from the agreement, will
not improve the missile or space launch capabilities of
the People's Republic of China.
(3) Annual audit.--The Inspector General of the
Administration, in consultation with appropriate agencies,
shall conduct an annual audit of the policies and procedures of
the Administration with respect to the export of technologies
and the transfer of scientific and technical information, to
assess the extent to which the Administration is carrying out
its activities in compliance with Federal export control laws
and with paragraph (2).
(b) National Interests.--
(1) Definition of united states commercial provider.--In this
subsection, the term ``United States commercial provider''
means a commercial provider (as defined in section 30308(a) of
this title), organized under the laws of the United States or
of a State (as defined in section 30308(a) of this title),
which is--
(A) more than 50 percent owned by United States
nationals; or
(B) a subsidiary of a foreign company and the
Secretary of Commerce finds that--
(i) such subsidiary has in the past evidenced
a substantial commitment to the United States
market through--
(I) investments in the United States
in long-term research, development, and
manufacturing (including the
manufacture of major components and
subassemblies); and
(II) significant contributions to
employment in the United States; and
(ii) the country or countries in which such
foreign company is incorporated or organized,
and, if appropriate, in which it principally
conducts its business, affords reciprocal
treatment to companies described in
subparagraph (A) comparable to that afforded to
such foreign company's subsidiary in the United
States, as evidenced by--
(I) providing comparable
opportunities for companies described
in subparagraph (A) to participate in
Government sponsored research and
development similar to that authorized
under this section, section 30307,
30308, 30309, or 30702 of this title,
or the National Aeronautics and Space
Administration Authorization Act of
2000 (Public Law 106-391, 114 Stat.
1577);
(II) providing no barriers to
companies described in subparagraph (A)
with respect to local investment
opportunities that are not provided to
foreign companies in the United States;
and
(III) providing adequate and
effective protection for the
intellectual property rights of
companies described in subparagraph
(A).
(2) In general.--Before entering into an obligation described
in subsection (a), the Administrator shall consider the
national interests of the United States described in paragraph
(3) of this subsection.
(3) Description of national interests.--International
cooperation in space exploration and science activities most
effectively serves the United States national interest when
it--
(A)(i) reduces the cost of undertaking missions the
United States Government would pursue unilaterally;
(ii) enables the United States to pursue missions
that it could not otherwise afford to pursue
unilaterally; or
(iii) enhances United States capabilities to use and
develop space for the benefit of United States
citizens;
(B) is undertaken in a manner that is sensitive to
the desire of United States commercial providers to
develop or explore space commercially;
(C) is consistent with the need for Federal agencies
to use space to complete their missions; and
(D) is carried out in a manner consistent with United
States export control laws.
Sec. 30702. Foreign contract limitation
The Administration shall not enter into any agreement or contract
with a foreign government that grants the foreign government the right
to recover profit in the event that the agreement or contract is
terminated.
Sec. 30703. Foreign launch vehicles
(a) Accord With Space Transportation Policy.--The Administration
shall not launch a payload on a foreign launch vehicle except in
accordance with the Space Transportation Policy announced by the
President on December 21, 2004. This subsection shall not be construed
to prevent the President from waiving the Space Transportation Policy.
(b) Interagency Coordination.--The Administration shall not launch a
payload on a foreign launch vehicle unless the Administration commenced
the interagency coordination required by the Space Transportation
Policy announced by the President on December 21, 2004, at least 90
days before entering into a development contract for the payload.
(c) Application.--This section shall not apply to any payload for
which development has begun prior to December 30, 2005, including the
James Webb Space Telescope.
Sec. 30704. Offshore performance of contracts for the procurement of
goods and services
The Administrator shall submit to Congress, not later than 120 days
after the end of each fiscal year, a report on the contracts and
subcontracts performed overseas and the amount of purchases directly or
indirectly by the Administration from foreign entities in that fiscal
year. The report shall separately indicate--
(1) the contracts and subcontracts and their dollar values
for which the Administrator determines that essential goods or
services under the contract are available only from a source
outside the United States; and
(2) the items and their dollar values for which the Buy
American Act (41 U.S.C. 10a et seq.) was waived pursuant to
obligations of the United States under international
agreements.
CHAPTER 309--AWARDS
Sec.
30901. Congressional Space Medal of Honor.
30902. Charles ``Pete'' Conrad Astronomy Awards.
Sec. 30901. Congressional Space Medal of Honor
(a) Authority To Award.--The President may award, and present in the
name of Congress, a medal of appropriate design, which shall be known
as the Congressional Space Medal of Honor, to any astronaut who in the
performance of the astronaut's duties has distinguished himself or
herself by exceptionally meritorious efforts and contributions to the
welfare of the Nation and of humankind.
(b) Appropriations.--There is authorized to be appropriated from time
to time such sums of money as may be necessary to carry out the
purposes of this section.
Sec. 30902. Charles ``Pete'' Conrad Astronomy Awards
(a) Short Title.--This section may be cited as the ``Charles `Pete'
Conrad Astronomy Awards Act''.
(b) Definitions.--In this section:
(1) Amateur astronomer.--The term ``amateur astronomer''
means an individual whose employer does not provide any
funding, payment, or compensation to the individual for the
observation of asteroids and other celestial bodies, and does
not include any individual employed as a professional
astronomer.
(2) Minor planet center.--The term ``Minor Planet Center''
means the Minor Planet Center of the Smithsonian Astrophysical
Observatory.
(3) Near-earth asteroid.--The term ``near-Earth asteroid''
means an asteroid with a perihelion distance of less than 1.3
Astronomical Units from the Sun.
(4) Program.--The term ``Program'' means the Charles ``Pete''
Conrad Astronomy Awards Program established under subsection
(c).
(c) Charles ``Pete'' Conrad Astronomy Awards Program.--
(1) In general.--The Administrator shall establish the
Charles ``Pete'' Conrad Astronomy Awards Program.
(2) Awards.--The Administrator shall make awards under the
Program based on the recommendations of the Minor Planet
Center.
(3) Award categories.--The Administrator shall make one
annual award, unless there are no eligible discoveries or
contributions, for each of the following categories:
(A) Discovery of brightest near-earth asteroid.--The
amateur astronomer or group of amateur astronomers who
in the preceding calendar year discovered the
intrinsically brightest near-Earth asteroid among the
near-Earth asteroids that were discovered during that
year by amateur astronomers or groups of amateur
astronomers.
(B) Greatest contribution to cataloguing near-earth
asteroids.--The amateur astronomer or group of amateur
astronomers who made the greatest contribution to the
Minor Planet Center's mission of cataloguing near-Earth
asteroids during the preceding year.
(4) Award amount.--An award under the Program shall be in the
amount of $3,000.
(5) Guidelines.--
(A) Citizen or permanent resident.--No individual who
is not a citizen or permanent resident of the United
States at the time of the individual's discovery or
contribution may receive an award under this section.
(B) Finality.--The decisions of the Administrator in
making awards under this section are final.
CHAPTER 311--SAFETY
Sec.
31101. Aerospace Safety Advisory Panel.
31102. Drug and alcohol testing.
Sec. 31101. Aerospace Safety Advisory Panel
(a) Establishment and Members.--There is established an Aerospace
Safety Advisory Panel consisting of a maximum of 9 members who shall be
appointed by the Administrator for terms of 6 years each. Not more than
4 such members shall be chosen from among the officers and employees of
the Administration.
(b) Chairman.--One member shall be designated by the Panel as its
Chairman.
(c) Duties.--The Panel shall--
(1) review safety studies and operations plans referred to
it, including evaluating the Administration's compliance with
the return-to-flight and continue-to-fly recommendations of the
Columbia Accident Investigation Board, and make reports
thereon;
(2) advise the Administrator and Congress with respect to--
(A) the hazards of proposed or existing facilities
and proposed operations;
(B) the adequacy of proposed or existing safety
standards; and
(C) management and culture related to safety; and
(3) perform such other duties as the Administrator may
request.
(d) Compensation and Expenses.--
(1) Compensation.--
(A) Federal officers and employees.--A member of the
Panel who is an officer or employee of the Federal
Government shall receive no compensation for the
member's services as such.
(B) Members appointed from outside the federal
government.--A member of the Panel appointed from
outside the Federal Government shall receive
compensation, at a rate not to exceed the per diem rate
equivalent to the maximum rate payable under section
5376 of title 5, for each day the member is engaged in
the actual performance of duties vested in the Panel.
(2) Expenses.--A member of the Panel shall be allowed
necessary travel expenses (or in the alternative, mileage for
use of a privately owned vehicle and a per diem in lieu of
subsistence not to exceed the rate and amount prescribed in
sections 5702 and 5704 of title 5), and other necessary
expenses incurred by the member in the performance of duties
vested in the Panel, without regard to the provisions of
subchapter I of chapter 57 of title 5, the Standardized
Government Travel Regulations, or section 5731 of title 5.
(e) Annual Report.--The Panel shall submit an annual report to the
Administrator and to Congress. In the first annual report submitted
after December 30, 2005, the Panel shall include an evaluation of the
Administration's management and culture related to safety. Each annual
report shall include an evaluation of the Administration's compliance
with the recommendations of the Columbia Accident Investigation Board
through retirement of the space shuttle.
Sec. 31102. Drug and alcohol testing
(a) Definition of Controlled Substance.--In this section, the term
``controlled substance'' means any substance under section 102(6) of
the Controlled Substances Act (21 U.S.C. 802(6)) specified by the
Administrator.
(b) Testing Program.--
(1) Employees of administration.--The Administrator shall
establish a program applicable to employees of the
Administration whose duties include responsibility for safety-
sensitive, security, or national security functions. Such
program shall provide for preemployment, reasonable suspicion,
random, and post-accident testing for use, in violation of
applicable law or Federal regulation, of alcohol or a
controlled substance. The Administrator may also prescribe
regulations, as the Administrator considers appropriate in the
interest of safety, security, and national security, for the
conduct of periodic recurring testing of such employees for
such use in violation of applicable law or Federal regulation.
(2) Employees of contractors.--The Administrator shall, in
the interest of safety, security, and national security,
prescribe regulations. Such regulations shall establish a
program that requires Administration contractors to conduct
preemployment, reasonable suspicion, random, and post-accident
testing of contractor employees responsible for safety-
sensitive, security, or national security functions (as
determined by the Administrator) for use, in violation of
applicable law or Federal regulation, of alcohol or a
controlled substance. The Administrator may also prescribe
regulations, as the Administrator considers appropriate in the
interest of safety, security, and national security, for the
conduct of periodic recurring testing of such employees for
such use in violation of applicable law or Federal regulation.
(3) Suspension, disqualification, or dismissal.--In
prescribing regulations under the programs required by this
subsection, the Administrator shall require, as the
Administrator considers appropriate, the suspension,
disqualification, or dismissal of any employee to which
paragraph (1) or (2) applies, in accordance with the provisions
of this section, in any instance where a test conducted and
confirmed under this section indicates that such employee has
used, in violation of applicable law or Federal regulation,
alcohol or a controlled substance.
(c) Prohibition on Service.--
(1) Prohibition unless program of rehabilitation completed.--
No individual who is determined by the Administrator under this
section to have used, in violation of applicable law or Federal
regulation, alcohol or a controlled substance after December 9,
1991, shall serve as an Administration employee with
responsibility for safety-sensitive, security, or national
security functions (as determined by the Administrator), or as
an Administration contractor employee with such responsibility,
unless such individual has completed a program of
rehabilitation described in subsection (d).
(2) Unconditional prohibition.--Any such individual
determined by the Administrator under this section to have
used, in violation of applicable law or Federal regulation,
alcohol or a controlled substance after December 9, 1991, shall
not be permitted to perform the duties that the individual
performed prior to the date of the determination, if the
individual--
(A) engaged in such use while on duty;
(B) prior to such use had undertaken or completed a
rehabilitation program described in subsection (d);
(C) following such determination refuses to undertake
such a rehabilitation program; or
(D) following such determination fails to complete
such a rehabilitation program.
(d) Program for Rehabilitation.--
(1) Regulations and availability of program for contractor
employees.--The Administrator shall prescribe regulations
setting forth requirements for rehabilitation programs which at
a minimum provide for the identification and opportunity for
treatment of employees referred to in subsection (b) in need of
assistance in resolving problems with the use, in violation of
applicable law or Federal regulation, of alcohol or a
controlled substance. Each contractor is encouraged to make
such a program available to all of its employees in addition to
those employees referred to in subsection (b)(2). The
Administrator shall determine the circumstances under which
such employees shall be required to participate in such a
program. Nothing in this subsection shall preclude any
Administration contractor from establishing a program under
this subsection in cooperation with any other such contractor.
(2) Establishment and maintenance of program for
administration employees.--The Administrator shall establish
and maintain a rehabilitation program which at a minimum
provides for the identification and opportunity for treatment
of those employees of the Administration whose duties include
responsibility for safety-sensitive, security, or national
security functions who are in need of assistance in resolving
problems with the use of alcohol or controlled substances.
(e) Procedures for Testing.--In establishing the programs required
under subsection (b), the Administrator shall develop requirements
which shall--
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimen samples;
(2) with respect to laboratories and testing procedures for
controlled substances, incorporate the Department of Health and
Human Services scientific and technical guidelines dated April
11, 1988, and any subsequent amendments thereto, including
mandatory guidelines which--
(A) establish comprehensive standards for all aspects
of laboratory controlled substances testing and
laboratory procedures to be applied in carrying out
this section, including standards which require the use
of the best available technology for ensuring the full
reliability and accuracy of controlled substances tests
and strict procedures governing the chain of custody of
specimen samples collected for controlled substances
testing;
(B) establish the minimum list of controlled
substances for which individuals may be tested; and
(C) establish appropriate standards and procedures
for periodic review of laboratories and criteria for
certification and revocation of certification of
laboratories to perform controlled substances testing
in carrying out this section;
(3) require that all laboratories involved in the controlled
substances testing of any individual under this section shall
have the capability and facility, at such laboratory, of
performing screening and confirmation tests;
(4) provide that all tests which indicate the use, in
violation of applicable law or Federal regulation, of alcohol
or a controlled substance by any individual shall be confirmed
by a scientifically recognized method of testing capable of
providing quantitative data regarding alcohol or a controlled
substance;
(5) provide that each specimen sample be subdivided, secured,
and labelled in the presence of the tested individual and that
a portion thereof be retained in a secure manner to prevent the
possibility of tampering, so that in the event the individual's
confirmation test results are positive the individual has an
opportunity to have the retained portion assayed by a
confirmation test done independently at a second certified
laboratory if the individual requests the independent test
within 3 days after being advised of the results of the initial
confirmation test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including
urine and blood, through the development of regulations as may
be necessary and in consultation with the Department of Health
and Human Services;
(7) provide for the confidentiality of test results and
medical information of employees; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
harassed by being treated differently from other employees in
similar circumstances.
(f) Effect on Other Laws and Regulations.--
(1) Consistency with federal regulation.--No State or local
government shall adopt or have in effect any law, rule,
regulation, ordinance, standard, or order that is inconsistent
with the regulations promulgated under this section.
(2) Continuance of regulations issued before december 9,
1991.--Nothing in this section shall be construed to restrict
the discretion of the Administrator to continue in force,
amend, or further supplement any regulations issued before
December 9, 1991, that govern the use of alcohol and controlled
substances by Administration employees with responsibility for
safety-sensitive, security, and national security functions (as
determined by the Administrator), or by Administration
contractor employees with such responsibility.
CHAPTER 313--HEALTHCARE
Sec.
31301. Healthcare program.
31302. Astronaut healthcare survey.
Sec. 31301. Healthcare program
The Administrator shall develop a plan to better understand the
longitudinal health effects of space flight on humans. In the
development of the plan, the Administrator shall consider the need 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.
Sec. 31302. Astronaut healthcare survey
(a) Survey.--The Administrator shall administer an anonymous survey
of astronauts and flight surgeons to evaluate communication,
relationships, and the effectiveness of policies. The survey questions
and the analysis of results shall be evaluated by experts independent
of the Administration. The survey shall be administered on at least a
biennial basis.
(b) Report.--The Administrator shall transmit a report of the results
of the survey to Congress not later than 90 days following completion
of the survey.
CHAPTER 315--MISCELLANEOUS
Sec.
31501. Orbital debris.
31502. Maintenance of facilities.
31503. Laboratory productivity.
31504. Cooperative unmanned aerial vehicle activities.
31505. Development of enhanced-use lease policy.
Sec. 31501. Orbital debris
The Administrator, in conjunction with the heads of other Federal
agencies, shall take steps to develop or acquire technologies that will
enable the Administration to decrease the risks associated with orbital
debris.
Sec. 31502. Maintenance of facilities
In order to sustain healthy Centers that are capable of carrying out
the Administration's missions, the Administrator shall ensure that
adequate maintenance and upgrading of those Center facilities is
performed on a regular basis.
Sec. 31503. Laboratory productivity
The Administration's laboratories are a critical component of the
Administration's research capabilities, and the Administrator shall
ensure that those laboratories remain productive.
Sec. 31504. Cooperative unmanned aerial vehicle activities
The Administrator, in cooperation with the Administrator of the
National Oceanic and Atmospheric Administration and in coordination
with other agencies that have existing civil capabilities, shall
continue to utilize the capabilities of unmanned aerial vehicles as
appropriate in support of Administration and interagency cooperative
missions. The Administrator may enter into cooperative agreements with
universities with unmanned aerial vehicle programs and related assets
to conduct collaborative research and development activities, including
development of appropriate applications of small unmanned aerial
vehicle technologies and systems in remote areas.
Sec. 31505. Development of enhanced-use lease policy
(a) In General.--The Administrator shall develop an agency-wide
enhanced-use lease policy that--
(1) is based upon sound business practices and lessons
learned from the demonstration centers; and
(2) establishes controls and procedures to ensure
accountability and protect the interests of the Government.
(b) Contents.--The policy required by subsection (a) shall include
the following:
(1) Criteria for determining economic value.--Criteria for
determining whether enhanced-use lease provides better economic
value to the Government than other options, such as--
(A) Federal financing through appropriations; or
(B) sale of the property.
(2) Security and access.--Requirement for the identification
of proposed physical and procedural changes needed to ensure
security and restrict access to specified areas, coordination
of proposed changes with existing site tenants, and development
of estimated costs of such changes.
(3) Measures of effectiveness.--Measures of effectiveness for
the enhanced-use lease program.
(4) Accounting controls.--Accounting controls and procedures
to ensure accountability, such as an audit trail and
documentation to readily support financial transactions.
Subtitle IV--Aeronautics and Space Research and Education
CHAPTER 401--AERONAUTICS
SUBCHAPTER I--GENERAL
Sec.
40101. Definition of institution of higher education.
40102. Governmental interest in aeronautics research and development.
40103. Cooperation with other agencies on aeronautics activities.
40104. Cooperation among Mission Directorates.
SUBCHAPTER II--HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS
40111. Fundamental research program.
40112. Research and technology programs.
40113. Airspace systems research.
40114. Aviation safety and security research.
40115. Aviation weather research.
40116. University-based Centers for Research on Aviation Training.
SUBCHAPTER III--SCHOLARSHIPS
40131. Aeronautics scholarships.
SUBCHAPTER IV--DATA REQUESTS
40141. Aviation data requests.
SUBCHAPTER I--GENERAL
Sec. 40101. Definition of institution of higher education
In this chapter, the term ``institution of higher education'' has the
meaning given the term by section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001).
Sec. 40102. Governmental interest in aeronautics research and
development
Congress reaffirms the national commitment to aeronautics research
made in chapter 201 of this title. Aeronautics research and development
remains a core mission of the Administration. The Administration is the
lead agency for civil aeronautics research. Further, the government of
the United States shall promote aeronautics research and development
that will expand the capacity, ensure the safety, and increase the
efficiency of the Nation's air transportation system, promote the
security of the Nation, protect the environment, and retain the
leadership of the United States in global aviation.
Sec. 40103. Cooperation with other agencies on aeronautics activities
The Administrator shall coordinate, as appropriate, the
Administration's aeronautics activities with relevant programs in the
Department of Transportation, the Department of Defense, the Department
of Commerce, and the Department of Homeland Security, including the
activities of the Next Generation Air Transportation System Joint
Planning and Development Office established under section 709 of the
Vision 100--Century of Aviation Reauthorization Act (Public Law 108-
176, 49 U.S.C. 40101 note).
Sec. 40104. Cooperation among Mission Directorates
Research and development activities performed by the Aeronautics
Research Mission Directorate with the primary objective of assisting in
the development of a flight project in another Mission Directorate
shall be funded by the Mission Directorate seeking assistance.
SUBCHAPTER II--HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS
Sec. 40111. Fundamental research program
(a) Objective.--In order to ensure that the Nation maintains needed
capabilities in fundamental areas of aeronautics research, the
Administrator shall establish a program of long-term fundamental
research in aeronautical sciences and technologies that is not tied to
specific development projects.
(b) Operation.--The Administrator shall conduct the program under
this section, in part by awarding grants to institutions of higher
education. The Administrator shall encourage the participation of
institutions of higher education located in States that participate in
the Experimental Program to Stimulate Competitive Research. All grants
to institutions of higher education under this section shall be awarded
through merit review.
Sec. 40112. Research and technology programs
(a) Supersonic Transport Research and Development.--The Administrator
may establish an initiative with the objective of developing and
demonstrating, in a relevant environment, airframe and propulsion
technologies to enable efficient, economical overland flight of
supersonic civil transport aircraft with no significant impact on the
environment.
(b) Rotorcraft and Other Runway-Independent Air Vehicles.--The
Administrator may establish a rotorcraft and other runway-independent
air vehicles initiative with the objective of developing and
demonstrating improved safety, noise, and environmental impact in a
relevant environment.
(c) Hypersonics Research.--The Administrator may establish a
hypersonics research program with the objective of exploring the
science and technology of hypersonic flight using air-breathing
propulsion concepts, through a mix of theoretical work, basic and
applied research, and development of flight research demonstration
vehicles. The program may also include the transition to the hypersonic
range of Mach 3 to Mach 5.
(d) Revolutionary Aeronautical Concepts.--The Administrator may
establish a research program which covers a unique range of subsonic,
fixed wing vehicles and propulsion concepts. This research is intended
to push technology barriers beyond current subsonic technology.
Propulsion concepts include advanced materials, morphing engines,
hybrid engines, and fuel cells.
(e) Fuel Cell-Powered Aircraft Research.--
(1) Objective.--The Administrator may establish a fuel cell-
powered 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.
(f) Mars Aircraft Research.--
(1) Objective.--The Administrator may establish a Mars
Aircraft project whose objective shall be to develop and test
concepts for an uncrewed aircraft that could operate for
sustained periods in the atmosphere of Mars.
(2) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of researchers
that may include the participation of individuals from
universities, industry, and government for the conduct of this
research.
Sec. 40113. Airspace systems research
(a) Objective.--The Airspace Systems Research program shall pursue
research and development to enable revolutionary improvements to and
modernization of the National Airspace System, as well as to enable the
introduction of new systems for vehicles that can take advantage of an
improved, modern air transportation system.
(b) Alignment.--Not later than 1 year after December 30, 2005, the
Administrator shall align the projects of the Airspace Systems Research
program so that they directly support the objectives of the Joint
Planning and Development Office's Next Generation Air Transportation
System Integrated Plan.
Sec. 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 mitigation technologies aimed at causal,
contributory, or circumstantial factors of aviation accidents.
(b) Alignment.--Not later than 1 year after December 30, 2005, the
Administrator shall align the projects of the Aviation Safety and
Security Research program so that they directly support the objectives
of the Joint Planning and Development Office's Next Generation Air
Transportation System Integrated Plan.
Sec. 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.
Sec. 40116. University-based Centers for Research on Aviation Training
(a) In General.--The Administrator shall award grants to institutions
of higher education (or consortia thereof) to establish one or more
Centers for Research on Aviation Training under cooperative agreements
with appropriate Administration Centers.
(b) Purpose.--The purpose of the Centers for Research on Aviation
Training shall be to investigate the impact of new technologies and
procedures, particularly those related to the aircraft flight deck and
to the air traffic management functions, on training requirements for
pilots and air traffic controllers.
(c) Application.--An institution of higher education (or a consortium
of such institutions) seeking funding under this section shall submit
an application to the Administrator at such time, in such manner, and
containing such information as the Administrator may require,
including, at a minimum, a 5-year research plan.
(d) Award Duration.--An award made by the Administrator under this
section shall be for a period of 5 years and may be renewed on the
basis of--
(1) satisfactory performance in meeting the goals of the
research plan proposed in the application submitted under
subsection (c); and
(2) other requirements as specified by the Administrator.
SUBCHAPTER III--SCHOLARSHIPS
Sec. 40131. Aeronautics scholarships
(a) Establishment.--The Administrator shall establish a program of
scholarships for full-time graduate students who are United States
citizens and are enrolled in, or have been accepted by and have
indicated their intention to enroll in, accredited Masters degree
programs in aeronautical engineering or equivalent programs at
institutions of higher education. Each such scholarship shall cover the
costs of room, board, tuition, and fees, and may be provided for a
maximum of 2 years.
(b) Implementation.--Not later than 180 days after December 30, 2005,
the Administrator shall publish regulations governing the scholarship
program under this section.
(c) Cooperative Training Opportunities.--Students who have been
awarded a scholarship under this section shall have the opportunity for
paid employment at one of the Administration Centers engaged in
aeronautics research and development during the summer prior to the
first year of the student's Masters program, and between the first and
second year, if applicable.
SUBCHAPTER IV--DATA REQUESTS
Sec. 40141. Aviation data requests
The Administrator shall make available upon request satellite imagery
and aerial photography of remote terrain that the Administration owns
at the time of the request to the Administrator of the Federal Aviation
Administration or the Director of the Five Star Medallion Program, to
assist and train pilots in navigating challenging topographical
features of such terrain.
CHAPTER 403--NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM
Sec.
40301. Purposes.
40302. Definitions.
40303. National space grant college and fellowship program.
40304. Grants or contracts.
40305. Specific national needs.
40306. Space grant college and space grant regional consortium.
40307. Space grant fellowship program.
40308. Space grant review panel.
40309. Availability of other Federal personnel and data.
40310. Designation or award to be on competitive basis.
40311. Continuing emphasis.
Sec. 40301. Purposes
The purposes of this chapter are to--
(1) increase the understanding, assessment, development, and
utilization of space resources by promoting a strong
educational base, responsive research and training activities,
and broad and prompt dissemination of knowledge and techniques;
(2) utilize the abilities and talents of the universities of
the Nation to support and contribute to the exploration and
development of the resources and opportunities afforded by the
space environment;
(3) encourage and support, within the university community of
the Nation, the existence of interdisciplinary and
multidisciplinary programs of space research that--
(A) engage in integrated activities of training,
research, and public service;
(B) have cooperative programs with industry; and
(C) are coordinated with the overall program of the
Administration;
(4) encourage and support the existence of consortia, made up
of university and industry members, in order to advance the
exploration and development of space resources in cases in
which national objectives can be better fulfilled through such
consortia than through the programs of single universities;
(5) encourage and support Federal funding for graduate
fellowships in fields related to space; and
(6) support activities in colleges and universities generally
for the purpose of creating and operating a network of
institutional programs that will enhance achievements resulting
from efforts under this chapter.
Sec. 40302. Definitions
In this chapter:
(1) Aeronautical and space activities.--The term
``aeronautical and space activities'' has the meaning given the
term in section 20103 of this title.
(2) Field related to space.--The term ``field related to
space'' means any academic discipline or field of study
(including the physical, natural, and biological sciences, and
engineering, space technology, education, economics, sociology,
communications, planning, law, international affairs, and
public administration) which is concerned with or likely to
improve the understanding, assessment, development, and
utilization of space.
(3) Panel.--The term ``panel'' means the space grant review
panel established pursuant to section 40308 of this title.
(4) Person.--The term ``person'' means any individual, any
public or private corporation, partnership, or other
association or entity (including any space grant college, space
grant regional consortium, institution of higher education,
institute, or laboratory), or any State, political subdivision
of a State, or agency or officer of a State or political
subdivision of a State.
(5) Space environment.--The term ``space environment'' means
the environment beyond the sensible atmosphere of the Earth.
(6) Space grant college.--The term ``space grant college''
means any public or private institution of higher education
which is designated as such by the Administrator pursuant to
section 40306 of this title.
(7) Space grant program.--The term ``space grant program''
means any program that--
(A) is administered by any space grant college, space
grant regional consortium, institution of higher
education, institute, laboratory, or State or local
agency; and
(B) includes 2 or more projects involving education
and one or more of the following activities in the
fields related to space:
(i) Research.
(ii) Training.
(iii) Advisory services.
(8) Space grant regional consortium.--The term ``space grant
regional consortium'' means any association or other alliance
that is designated as a space grant regional consortium by the
Administrator pursuant to section 40306 of this title.
(9) Space resource.--The term ``space resource'' means any
tangible or intangible benefit which can be realized only
from--
(A) aeronautical and space activities; or
(B) advancements in any field related to space.
(10) State.--The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or any other
territory or possession of the United States.
Sec. 40303. National space grant college and fellowship program
(a) Establishment.--The Administrator shall establish and maintain,
within the Administration, a program to be known as the national space
grant college and fellowship program. The national space grant college
and fellowship program shall consist of the financial assistance and
other activities provided for in this chapter. The Administrator shall
establish long-range planning guidelines and priorities, and adequately
evaluate the program.
(b) Functions.--Within the Administration, the program shall--
(1) apply the long-range planning guidelines and the
priorities established by the Administrator under subsection
(a);
(2) advise the Administrator with respect to the expertise
and capabilities which are available through the national space
grant college and fellowship program, and make such expertise
available to the Administration as directed by the
Administrator;
(3) evaluate activities conducted under grants and contracts
awarded pursuant to sections 40304 and 40305 of this title to
ensure that the purposes set forth in section 40301 of this
title are implemented;
(4) encourage other Federal departments, agencies, and
instrumentalities to use and take advantage of the expertise
and capabilities which are available through the national space
grant college and fellowship program, on a cooperative or other
basis;
(5) encourage cooperation and coordination with other Federal
programs concerned with the development of space resources and
fields related to space;
(6) advise the Administrator on the designation of recipients
supported by the national space grant college and fellowship
program and, in appropriate cases, on the termination or
suspension of any such designation; and
(7) encourage the formation and growth of space grant and
fellowship programs.
(c) General Authorities.--To carry out the provisions of this
chapter, the Administrator may--
(1) accept conditional or unconditional gifts or donations of
services, money, or property, real, personal or mixed, tangible
or intangible;
(2) accept and use funds from other Federal departments,
agencies, and instrumentalities to pay for fellowships, grants,
contracts, and other transactions; and
(3) issue such rules and regulations as may be necessary and
appropriate.
Sec. 40304. Grants or contracts
(a) Authority of Administrator.--The Administrator may make grants
and enter into contracts or other transactions under this subsection to
assist any space grant and fellowship program or project if the
Administrator finds that the program or project will carry out the
purposes set forth in section 40301 of this title. The total amount
paid pursuant to a grant or contract may equal not more than 66 percent
of the total cost of the space grant and fellowship program or project
involved, except in the case of grants or contracts paid for with funds
accepted by the Administrator pursuant to section 40303(c)(2) of this
title.
(b) Special Grants.--The Administrator may make special grants under
this subsection to carry out the purposes set forth in section 40301 of
this title. The amount of a special grant may equal up to 100 percent
of the total cost of the project involved. A special grant may be made
under this subsection only if the Administrator finds that--
(1) no reasonable means is available through which the
applicant can meet the matching requirement for a grant under
subsection (a);
(2) the probable benefit of the project outweighs the public
interest in the matching requirement; and
(3) the same or equivalent benefit cannot be obtained through
the award of a contract or grant under subsection (a) or
section 40305 of this title.
(c) Application.--Any person may apply to the Administrator for a
grant or contract under this section. Application shall be made in such
form and manner, and with such content and other submissions, as the
Administrator shall by regulation prescribe.
(d) Terms and Conditions.--
(1) In general.--Any grant made, or contract entered into,
under this section shall be subject to the limitations and
provisions set forth in paragraphs (2) and (3) and to such
other terms, conditions, and requirements as the Administrator
considers necessary or appropriate.
(2) Limitations.--No payment under any grant or contract
under this section may be applied to--
(A) the purchase of any land;
(B) the purchase, construction, preservation, or
repair of any building; or
(C) the purchase or construction of any launch
facility or launch vehicle.
(3) Leases.--Notwithstanding paragraph (2), the items in
subparagraphs (A), (B), and (C) of such paragraph may be leased
upon written approval of the Administrator.
(4) Records.--Any person that receives or utilizes any
proceeds of any grant or contract under this section shall keep
such records as the Administrator shall by regulation prescribe
as being necessary and appropriate to facilitate effective
audit and evaluation, including records which fully disclose
the amount and disposition by such recipient of such proceeds,
the total cost of the program or project in connection with
which such proceeds were used, and the amount, if any, of such
cost which was provided through other sources. Such records
shall be maintained for 3 years after the completion of such a
program or project. The Administrator and the Comptroller
General of the United States, or any of their duly authorized
representatives, shall have access, for the purpose of audit
and evaluation, to any books, documents, papers, and records of
receipts which, in the opinion of the Administrator or the
Comptroller General, may be related or pertinent to such grants
and contracts.
Sec. 40305. Specific national needs
(a) Identification of Specific Needs and Grant-Making and Contracting
Authority.--The Administrator shall identify specific national needs
and problems relating to space. The Administrator may make grants or
enter into contracts under this section with respect to such needs or
problems. The amount of any such grant or contract may equal up to 100
percent of the total cost of the project involved.
(b) Applications for Grants or Contracts.--Any person may apply to
the Administrator for a grant or contract under this section. In
addition, the Administrator may invite applications with respect to
specific national needs or problems identified under subsection (a).
Application shall be made in such form and manner, and with such
content and other submissions, as the Administrator shall by regulation
prescribe. Any grant made, or contract entered into, under this section
shall be subject to the limitations and provisions set forth in
paragraphs (2) and (4) of section 40304(d) of this title and to such
other terms, conditions, and requirements as the Administrator
considers necessary or appropriate.
Sec. 40306. Space grant college and space grant regional consortium
(a) Designation and Qualifications.--
(1) Authority to designate.--The Administrator may
designate--
(A) any institution of higher education as a space
grant college; and
(B) any association or other alliance of 2 or more
persons, other than individuals, as a space grant
regional consortium.
(2) Space grant college requirements.--No institution of
higher education may be designated as a space grant college
unless the Administrator finds that such institution--
(A) is maintaining a balanced program of research,
education, training, and advisory services in fields
related to space;
(B) will act in accordance with such guidelines as
are prescribed under subsection (b)(2); and
(C) meets such other qualifications as the
Administrator considers necessary or appropriate.
(3) Space grant regional consortium requirements.--No
association or other alliance of 2 or more persons may be
designated as a space grant regional consortium unless the
Administrator finds that such association or alliance--
(A) is established for the purpose of sharing
expertise, research, educational facilities or training
facilities, and other capabilities in order to
facilitate research, education, training, and advisory
services in any field related to space;
(B) will encourage and follow a regional approach to
solving problems or meeting needs relating to space, in
cooperation with appropriate space grant colleges,
space grant programs, and other persons in the region;
(C) will act in accordance with such guidelines as
are prescribed under subsection (b)(2); and
(D) meets such other qualifications as the
Administrator considers necessary or appropriate.
(b) Qualifications and Guidelines.--The Administrator shall by
regulation prescribe--
(1) the qualifications required to be met under paragraphs
(2)(C) and (3)(D) of subsection (a); and
(2) guidelines relating to the activities and
responsibilities of space grant colleges and space grant
regional consortia.
(c) Suspension or Termination of Designation.--The Administrator may,
for cause and after an opportunity for hearing, suspend or terminate
any designation under subsection (a).
Sec. 40307. Space grant fellowship program
(a) Award of Fellowships.--The Administrator shall support a space
grant fellowship program to provide educational and training assistance
to qualified individuals at the graduate level of education in fields
related to space. Such fellowships shall be awarded pursuant to
guidelines established by the Administrator. Space grant fellowships
shall be awarded to individuals at space grant colleges, space grant
regional consortia, other colleges and institutions of higher
education, professional associations, and institutes in such a manner
as to ensure wide geographic and institutional diversity in the pursuit
of research under the fellowship program.
(b) Limitation on Amount Provided.--The total amount which may be
provided for grants under the space grant fellowship program during any
fiscal year shall not exceed an amount equal to 50 percent of the total
funds appropriated for such year pursuant to this chapter.
(c) Authority To Sponsor Other Research Fellowship 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.
Sec. 40308. Space grant review panel
(a) Establishment.--The Administrator shall establish an independent
committee known as the space grant review panel, which shall not be
subject to the provisions of the Federal Advisory Committee Act (5 App.
U.S.C.).
(b) Duties.--The panel shall take such steps as may be necessary to
review, and shall advise the Administrator with respect to--
(1) applications or proposals for, and performance under,
grants and contracts awarded pursuant to sections 40304 and
40305 of this title;
(2) the space grant fellowship program;
(3) the designation and operation of space grant colleges and
space grant regional consortia, and the operation of space
grant and fellowship programs;
(4) the formulation and application of the planning
guidelines and priorities pursuant to subsections (a) and
(b)(1) of section 40303 of this title; and
(5) such other matters as the Administrator refers to the
panel for review and advice.
(c) Personnel and Administrative Services.--The Administrator shall
make available to the panel any information, personnel, and
administrative services and assistance which is reasonable to carry out
the duties of the panel.
(d) Members.--
(1) Appointment.--The Administrator shall appoint the voting
members of the panel. A majority of the voting members shall be
individuals who, by reason of knowledge, experience, or
training, are especially qualified in one or more of the
disciplines and fields related to space. The other voting
members shall be individuals who, by reason of knowledge,
experience, or training, are especially qualified in, or
representative of, education, extension services, State
government, industry, economics, planning, or any other
activity related to efforts to enhance the understanding,
assessment, development, or utilization of space resources. The
Administrator shall consider the potential conflict of interest
of any individual in making appointments to the panel.
(2) Chairman and vice chairman.--The Administrator shall
select one voting member to serve as the Chairman and another
voting member to serve as the Vice Chairman. The Vice Chairman
shall act as Chairman in the absence or incapacity of the
Chairman.
(3) Reimbursement for expenses.--Voting members of the panel
who are not Federal employees shall be reimbursed for actual
and reasonable expenses incurred in the performance of such
duties.
(4) Meetings.--The panel shall meet on a biannual basis and,
at any other time, at the call of the Chairman or upon the
request of a majority of the voting members or of the
Administrator.
(5) Powers.--The panel may exercise such powers as are
reasonably necessary in order to carry out the duties
enumerated in subsection (b).
Sec. 40309. Availability of other Federal personnel and data
Each department, agency, or other instrumentality of the Federal
Government that is engaged in or concerned with, or that has authority
over, matters relating to space--
(1) may, upon a written request from the Administrator, make
available, on a reimbursable basis or otherwise, any personnel
(with their consent and without prejudice to their position and
rating), service, or facility which the Administrator considers
necessary to carry out any provision of this chapter;
(2) may, upon a written request from the Administrator,
furnish any available data or other information which the
Administrator considers necessary to carry out any provision of
this chapter; and
(3) may cooperate with the Administration.
Sec. 40310. Designation or award to be on competitive basis
The Administrator shall not under this chapter designate any space
grant college or space grant regional consortium or award any
fellowship, grant, or contract unless such designation or award is made
in accordance with the competitive, merit-based review process employed
by the Administration on October 30, 1987.
Sec. 40311. Continuing emphasis
The Administration shall continue its emphasis on the importance of
education to expand opportunities for Americans to understand and
participate in the Administration's aeronautics and space projects by
supporting and enhancing science and engineering education, research,
and public outreach efforts.
CHAPTER 405--BIOMEDICAL RESEARCH IN SPACE
Sec.
40501. Biomedical research joint working group.
40502. Biomedical research grants.
40503. Biomedical research fellowships.
40504. Establishment of electronic data archive.
40505. Establishment of emergency medical service telemedicine
capability.
Sec. 40501. Biomedical research joint working group
(a) Establishment.--The Administrator and the Director of the
National Institutes of Health shall jointly establish a working group
to coordinate biomedical research activities in areas where a
microgravity environment may contribute to significant progress in the
understanding and treatment of diseases and other medical conditions.
The joint working group shall formulate joint and complementary
programs in such areas of research.
(b) Membership.--The joint working group shall include equal
representation from the Administration and the National Institutes of
Health, and shall include representation from National Institutes of
Health councils, as selected by the Director of the National Institutes
of Health, and from the National Aeronautics and Space Administration
Advisory Council.
(c) Annual Biomedical Research Symposia.--The joint working group
shall organize annual symposia on biomedical research described in
subsection (a) under the joint sponsorship of the Administration and
the National Institutes of Health.
(d) Annual Reporting Requirement.--The joint working group shall
report annually to Congress on its progress in carrying out this
section.
Sec. 40502. Biomedical research grants
(a) Establishment of Program.--The Administrator and the Director of
the National Institutes of Health shall establish a joint program of
biomedical research grants in areas described in section 40501(a) of
this title, where such research requires access to a microgravity
environment. Such program shall be consistent with actions taken by the
joint working group under section 40501 of this title.
(b) Research Opportunity Announcements.--The grants program
established under subsection (a) shall annually issue joint research
opportunity announcements under the sponsorship of the National
Institutes of Health and the Administration. Responses to the
announcements shall be evaluated by a peer review committee whose
members shall be selected by the Director of the National Institutes of
Health and the Administrator, and shall include individuals not
employed by the Administration or the National Institutes of Health.
Sec. 40503. Biomedical research fellowships
The Administrator and the Director of the National Institutes of
Health shall create a joint program of graduate research fellowships in
biomedical research described in section 40501(a) of this title.
Fellowships under such program may provide for participation in
approved research conferences and symposia.
Sec. 40504. 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.
Sec. 40505. Establishment of emergency medical service telemedicine
capability
The Administrator, the Administrator of the Federal Emergency
Management Agency, the Director of the Office of Foreign Disaster
Assistance, and the Surgeon General of the United States shall jointly
create and maintain an international telemedicine satellite
consultation capability to support emergency medical services in
disaster-stricken areas.
CHAPTER 407--ENVIRONMENTALLY FRIENDLY AIRCRAFT
Sec.
40701. Research and development initiative.
40702. Additional research and development initiative.
40703. Research alignment.
40704. Research program on perceived impact of sonic booms.
Sec. 40701. Research and development initiative
The Administrator may establish an initiative with the objective of
developing, and demonstrating in a relevant environment, technologies
to enable the following commercial aircraft performance
characteristics:
(1) Noise levels.--Noise levels on takeoff and on airport
approach and landing that do not exceed ambient noise levels in
the absence of flight operations in the vicinity of airports
from which such commercial aircraft would normally operate.
(2) Energy consumption.--Twenty-five percent reduction in the
energy required for medium- to long-range flights, compared to
aircraft in commercial service as of December 30, 2005.
(3) Emissions.--Nitrogen oxides on take-off and landing that
are significantly reduced, without adversely affecting
hydrocarbons and smoke, relative to aircraft in commercial
service as of December 30, 2005.
Sec. 40702. Additional research and development initiative
The Administrator shall establish an initiative involving the
Administration, universities, industry, and other research
organizations as appropriate, of research, development, and
demonstration, in a relevant environment, of technologies to enable the
following commercial aircraft performance characteristics:
(1) Noise levels.--Noise levels on takeoff and on airport
approach and landing that do not exceed ambient noise levels in
the absence of flight operations in the vicinity of airports
from which such commercial aircraft would normally operate,
without increasing energy consumption or nitrogen oxide
emissions compared to aircraft in commercial service as of
October 15, 2008.
(2) Greenhouse gas emissions.--Significant reductions in
greenhouse gas emissions compared to aircraft in commercial
services as of October 15, 2008.
Sec. 40703. Research alignment
In addition to pursuing the research and development initiative
described in section 40702 of this title, the Administrator shall, to
the maximum extent practicable within available funding, align the
fundamental aeronautics research program to address high priority
technology challenges of the National Academies' Decadal Survey of
Civil Aeronautics, and shall work to increase the degree of involvement
of external organizations, and especially of universities, in the
fundamental aeronautics research program.
Sec. 40704. Research program on perceived impact of sonic booms
(a) Establishment.--The Administrator shall establish a cooperative
research program with industry, including the conduct of flight
demonstrations in a relevant environment, to collect data on the
perceived impact of sonic booms. The data could enable the promulgation
of appropriate standards for overland commercial supersonic flight
operations.
(b) Coordination.--The Administrator shall ensure that sonic boom
research is coordinated as appropriate with the Administrator of the
Federal Aviation Administration, and as appropriate make use of the
expertise of the Partnership for Air Transportation Noise and Emissions
Reduction Center of Excellence sponsored by the Administration and the
Federal Aviation Administration.
CHAPTER 409--MISCELLANEOUS
Sec.
40901. Science, Space, and Technology Education Trust Fund.
40902. National Aeronautics and Space Administration Endeavor Teacher
Fellowship Trust Fund.
40903. Experimental Program to Stimulate Competitive Research--merit
grant competition requirements.
40904. Microgravity research.
40905. Program to expand distance learning in rural underserved areas.
40906. Equal access to the Administration's education programs.
40907. Museums.
40908. Continuation of certain education programs.
40909. Compliance with title IX of Education Amendments of 1972.
Sec. 40901. Science, Space, and Technology Education Trust Fund
There is appropriated, by transfer from funds appropriated in the
Department of Housing and Urban Development--Independent Agencies
Appropriations Act, 1989 (Public Law 100-404, 102 Stat. 1014), for
``Construction of facilities'', the sum of $15,000,000 to the
``Science, Space, and Technology Education Trust Fund'', which is
hereby established in the Treasury of the United States. The Secretary
of the Treasury shall invest these funds in the United States Treasury
special issue securities, and interest shall be credited to the Trust
Fund on a quarterly basis. Such interest shall be available for the
purpose of making grants for programs directed at improving science,
space, and technology education in the United States. The
Administrator, after consultation with the Director of the National
Science Foundation, shall review applications made for such grants and
determine the distribution of available funds on a competitive basis.
Grants shall be made available to any awardee only to the extent that
the awardee provides matching funds from non-Federal sources to carry
out the program for which grants from this Trust Fund are made. Of the
funds made available by this Trust Fund, $250,000 shall be disbursed
each calendar quarter to the Challenger Center for Space Science
Education. The Administrator shall submit to Congress an annual report
on the grants made pursuant to this section.
Sec. 40902. National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund
(a) Establishment.--There is established in the Treasury of the
United States, in tribute to the dedicated crew of the Space Shuttle
Challenger, a trust fund to be known as the National Aeronautics and
Space Administration Endeavor Teacher Fellowship Trust Fund (hereafter
in this section referred to as the ``Trust Fund''). The Trust Fund
shall consist of amounts which may from time to time, at the discretion
of the Administrator, be transferred from the National Aeronautics and
Space Administration Gifts and Donations Trust Fund.
(b) Investment of Trust Fund.--The Administrator shall direct the
Secretary of the Treasury to invest and reinvest funds in the Trust
Fund in public debt securities with maturities suitable for the needs
of the Trust Fund, and bearing interest at rates determined by the
Secretary of the Treasury, taking into consideration the current
average market yield on outstanding marketable obligations of the
United States of comparable maturities. Interest earned shall be
credited to the Trust Fund.
(c) Purpose.--Income accruing from the Trust Fund principal shall be
used to create the National Aeronautics and Space Administration
Endeavor Teacher Fellowship Program, to the extent provided in advance
in appropriation Acts. The Administrator is authorized to use such
funds to award fellowships to selected United States nationals who are
undergraduate students pursuing a course of study leading to certified
teaching degrees in elementary education or in secondary education in
mathematics, science, or technology disciplines. Awards shall be made
pursuant to standards established for the fellowship program by the
Administrator.
Sec. 40903. Experimental Program to Stimulate Competitive Research--
merit grant competition requirements
(a) Definition of Eligible State.--In this section, the term
``eligible State'' means a State designated by the Administrator as
eligible to compete in the National Science Foundation's Experimental
Program to Stimulate Competitive Research.
(b) Competition.--Making use of the existing infrastructure
established in eligible States by the National Science Foundation, the
Administrator shall conduct a merit grant competition among the
eligible States in areas of research important to the mission of the
Administration. With respect to a grant application by an eligible
State, the Administrator shall consider--
(1) the application's merit and relevance to the mission of
the Administration;
(2) the potential for the grant to serve as a catalyst to
enhance the ability of researchers in the State to become more
competitive for regular Administration funding;
(3) the potential for the grant to improve the environment
for science, mathematics, and engineering education in the
State; and
(4) the need to ensure the maximum distribution of grants
among eligible States, consistent with merit.
(c) Supplemental Grants.--The Administrator shall endeavor, where
appropriate, to supplement grants made under subsection (b) with such
grants for fellowships, traineeships, equipment, or instrumentation as
are available.
(d) Information in Annual Budget Submission.--In order to ensure that
research expertise and talent throughout the Nation is developed and
engaged in Administration research and education activities, the
Administration shall, as part of its annual budget submission, detail
additional steps that can be taken to further integrate the
participating eligible States in both existing and new or emerging
Administration research programs and center activities.
Sec. 40904. Microgravity research
The Administrator shall--
(1) ensure the capacity to support ground-based research
leading to space-based basic and applied scientific research in
a variety of disciplines with potential direct national
benefits and applications that can be advanced significantly
from the uniqueness of microgravity and the space environment;
and
(2) carry out, to the maximum extent practicable, basic,
applied, and commercial International Space Station research in
fields such as molecular crystal growth, animal research, basic
fluid physics, combustion research, cellular biotechnology,
low-temperature physics, and cellular research at a level that
will sustain the existing United States scientific expertise
and research capability in microgravity research.
Sec. 40905. Program to expand distance learning in rural underserved
areas
(a) In General.--The Administrator shall develop or expand programs
to extend science and space educational outreach to rural communities
and schools through video conferencing, interpretive exhibits, teacher
education, classroom presentations, and student field trips.
(b) Priorities.--In carrying out subsection (a), the Administrator
shall give priority to existing programs, including Challenger Learning
Centers--
(1) that utilize community-based partnerships in the field;
(2) that build and maintain video conference and exhibit
capacity;
(3) that travel directly to rural communities and serve low-
income populations; and
(4) with a special emphasis on increasing the number of women
and minorities in the science and engineering professions.
Sec. 40906. Equal access to the Administration's education programs
(a) In General.--The Administrator shall strive to ensure equal
access for minority and economically disadvantaged students to the
Administration's education programs.
(b) Report.--Every 2 years, the Administrator shall submit a report
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the efforts by the
Administrator to ensure equal access for minority and economically
disadvantaged students under this section and the results of such
efforts. As part of the report, the Administrator shall provide--
(1) data on minority participation in the Administration's
education programs, at a minimum in the categories of--
(A) elementary and secondary education;
(B) undergraduate education; and
(C) graduate education; and
(2) the total value of grants the Administration made to
Historically Black Colleges and Universities and to Hispanic
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.
Sec. 40907. Museums
The Administrator may provide grants to, and enter into cooperative
agreements with, museums and planetariums to enable them to enhance
programs related to space exploration, aeronautics, space science,
Earth science, or microgravity.
Sec. 40908. Continuation of certain education programs
From amounts appropriated to the Administration for education
programs, the Administrator shall ensure the continuation of the Space
Grant Program, the Experimental Program to Stimulate Competitive
Research, and, consistent with the results of the review under section
614 of the National Aeronautics and Space Administration Authorization
Act of 2005 (Public Law 109-155, 119 Stat. 2933), the Administration
Explorer School program, to motivate and develop the next generation of
explorers.
Sec. 40909. Compliance with title IX of Education Amendments of 1972
To comply with title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), the Administrator shall conduct compliance
reviews of at least 2 grantees annually.
Subtitle V--Programs Targeting Commercial Opportunities
CHAPTER 501--SPACE COMMERCE
SUBCHAPTER I--GENERAL
Sec.
50101. Definitions.
SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
50111. Commercialization of Space Station.
50112. Promotion of United States Global Positioning System standards.
50113. Acquisition of space science data.
50114. Administration of commercial space centers.
50115. Sources of Earth science data.
50116. Commercial technology transfer program.
SUBCHAPTER III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
50131. Requirement to procure commercial space transportation services.
50132. Acquisition of commercial space transportation services.
50133. Shuttle privatization.
50134. Use of excess intercontinental ballistic missiles.
SUBCHAPTER I--GENERAL
Sec. 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 include the space transportation vehicle
itself except for its components which are specifically
designed or adapted for that payload.
(3) Space-related activities.--The term ``space-related
activities'' includes research and development, manufacturing,
processing, service, and other associated and support
activities.
(4) Space transportation services.--The term ``space
transportation services'' means the preparation of a space
transportation vehicle and its payloads for transportation to,
from, or within outer space, or in suborbital trajectory, and
the conduct of transporting a payload to, from, or within outer
space, or in suborbital trajectory.
(5) Space transportation vehicle.--The term ``space
transportation vehicle'' means any vehicle constructed for the
purpose of operating in, or transporting a payload to, from, or
within, outer space, or in suborbital trajectory, and includes
any component of such vehicle not specifically designed or
adapted for a payload.
(6) State.--The term ``State'' means each of the several
States of the Union, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States.
(7) United states commercial provider.--The term ``United
States commercial provider'' means a commercial provider,
organized under the laws of the United States or of a State,
that is--
(A) more than 50 percent owned by United States
nationals; or
(B) a subsidiary of a foreign company and the
Secretary of Transportation finds that--
(i) such subsidiary has in the past evidenced
a substantial commitment to the United States
market through--
(I) investments in the United States
in long-term research, development, and
manufacturing (including the
manufacture of major components and
subassemblies); and
(II) significant contributions to
employment in the United States; and
(ii) the country or countries in which such
foreign company is incorporated or organized,
and, if appropriate, in which it principally
conducts its business, affords reciprocal
treatment to companies described in
subparagraph (A) comparable to that afforded to
such foreign company's subsidiary in the United
States, as evidenced by--
(I) providing comparable
opportunities for companies described
in subparagraph (A) to participate in
Government-sponsored research and
development similar to that authorized
under this chapter;
(II) providing no barriers, to
companies described in subparagraph (A)
with respect to local investment
opportunities, that are not provided to
foreign companies in the United States;
and
(III) providing adequate and
effective protection for the
intellectual property rights of
companies described in subparagraph
(A).
SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
Sec. 50111. Commercialization of Space Station
(a) Policy.--Congress declares that a priority goal of constructing
the International Space Station is the economic development of Earth
orbital space. Congress further declares that free and competitive
markets create the most efficient conditions for promoting economic
development, and should therefore govern the economic development of
Earth orbital space. Congress further declares that the use of free
market principles in operating, servicing, allocating the use of, and
adding capabilities to the Space Station, and the resulting fullest
possible engagement of commercial providers and participation of
commercial users, will reduce Space Station operational costs for all
partners and the Federal Government's share of the United States burden
to fund operations.
(b) Use of United States Commercially Provided Services.--
(1) In general.--In order to stimulate commercial use of
space, help maximize the utility and productivity of the
International Space Station, and enable a commercial means of
providing crew transfer and crew rescue services for the
International Space Station, the Administration shall--
(A) make use of United States commercially provided
International Space Station crew transfer and crew
rescue services to the maximum extent practicable, if
those commercial services have demonstrated the
capability to meet Administration-specified ascent,
entry, and International Space Station proximity
operations safety requirements;
(B) limit, to the maximum extent practicable, the use
of the Crew Exploration Vehicle to missions carrying
astronauts beyond low Earth orbit once commercial crew
transfer and crew rescue services that meet safety
requirements become operational;
(C) facilitate, to the maximum extent practicable,
the transfer of Administration-developed technologies
to potential United States commercial crew transfer and
rescue service providers, consistent with United States
law; and
(D) issue a notice of intent, not later than 180 days
after October 15, 2008, to enter into a funded,
competitively awarded Space Act Agreement with 2 or
more commercial entities for a Phase 1 Commercial
Orbital Transportation Services crewed vehicle
demonstration program.
(2) Congressional intent.--It is the intent of Congress that
funding for the program described in paragraph (1)(D) shall not
come at the expense of full funding of the amounts authorized
under section 101(3)(A) of the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422,
122 Stat. 4783), and for future fiscal years, for Orion Crew
Exploration Vehicle development, Ares I Crew Launch Vehicle
development, or International Space Station cargo delivery.
(3) Additional technologies.--The Administration shall make
International Space Station-compatible docking adaptors and
other relevant technologies available to the commercial crew
providers selected to service the International Space Station.
(4) Crew transfer and crew rescue services contract.--If a
commercial provider demonstrates the capability to provide
International Space Station crew transfer and crew rescue
services and to satisfy Administration ascent, entry, and
International Space Station proximity operations safety
requirements, the Administration shall enter into an
International Space Station crew transfer and crew rescue
services contract with that commercial provider for a portion
of the Administration's anticipated International Space Station
crew transfer and crew rescue requirements from the time the
commercial provider commences operations under contract with
the Administration through calendar year 2016, with an option
to extend the period of performance through calendar year 2020.
Sec. 50112. Promotion of United States Global Positioning System
standards
In order to support and sustain the Global Positioning System in a
manner that will most effectively contribute to the national security,
public safety, scientific, and economic interests of the United States,
Congress encourages the President to--
(1) ensure the operation of the Global Positioning System on
a continuous worldwide basis free of direct user fees;
(2) enter into international agreements that promote
cooperation with foreign governments and international
organizations to--
(A) establish the Global Positioning System and its
augmentations as an acceptable international standard;
and
(B) eliminate any foreign barriers to applications of
the Global Positioning System worldwide; and
(3) provide clear direction and adequate resources to the
Assistant Secretary of Commerce for Communications and
Information so that on an international basis the Assistant
Secretary can--
(A) achieve and sustain efficient management of the
electromagnetic spectrum used by the Global Positioning
System; and
(B) protect that spectrum from disruption and
interference.
Sec. 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
Administrator shall be carried out in accordance with applicable
acquisition laws and regulations (including chapters 137 and 140 of
title 10). For purposes of such law and regulations, space science data
shall be considered to be a commercial item. Nothing in this subsection
shall be construed to preclude the United States from acquiring,
through contracts with commercial providers, sufficient rights in data
to meet the needs of the scientific and educational community or the
needs of other government activities.
(d) Safety Standards.--Nothing in this section shall be construed to
prohibit the Federal Government from requiring compliance with
applicable safety standards.
(e) Limitation.--This section does not authorize the Administration
to provide financial assistance for the development of commercial
systems for the collection of space science data.
Sec. 50114. Administration of commercial space centers
The Administrator shall administer the Commercial Space Center
program in a coordinated manner from Administration headquarters in
Washington, D.C.
Sec. 50115. Sources of Earth science data
(a) Acquisition.--The Administrator shall, to the extent possible and
while satisfying the scientific or educational requirements of the
Administration, and where appropriate, of other Federal agencies and
scientific researchers, acquire, where cost-effective, space-based and
airborne Earth remote sensing data, services, distribution, and
applications from a commercial provider.
(b) Treatment as Commercial Item Under Acquisition Laws.--
Acquisitions by the Administrator of the data, services, distribution,
and applications referred to in subsection (a) shall be carried out in
accordance with applicable acquisition laws and regulations (including
chapters 137 and 140 of title 10). For purposes of such law and
regulations, such data, services, distribution, and applications shall
be considered to be a commercial item. Nothing in this subsection shall
be construed to preclude the United States from acquiring, through
contracts with commercial providers, sufficient rights in data to meet
the needs of the scientific and educational community or the needs of
other government activities.
(c) Safety Standards.--Nothing in this section shall be construed to
prohibit the Federal Government from requiring compliance with
applicable safety standards.
(d) Administration and Execution.--This section shall be carried out
as part of the Commercial Remote Sensing Program at the Stennis Space
Center.
Sec. 50116. Commercial technology transfer program
(a) In General.--The Administrator shall execute a commercial
technology transfer program with the goal of facilitating the exchange
of services, products, and intellectual property between the
Administration and the private sector. This program shall place at
least as much emphasis on encouraging the transfer of Administration
technology to the private sector (``spinning out'') as on encouraging
use of private sector technology by the Administration. This program
shall be maintained in a manner that provides clear benefits for the
Administration, the domestic economy, and the research community.
(b) Program Structure.--In carrying out the program described in
subsection (a), the Administrator shall provide program participants
with at least 45 days notice of any proposed changes to the structure
of the Administration's technology transfer and commercialization
organizations that is in effect as of December 30, 2005.
SUBCHAPTER III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Sec. 50131. Requirement to procure commercial space transportation
services
(a) In General.--Except as otherwise provided in this section, the
Federal Government shall acquire space transportation services from
United States commercial providers whenever such services are required
in the course of its activities. To the maximum extent practicable, the
Federal Government shall plan missions to accommodate the space
transportation services capabilities of United States commercial
providers.
(b) Exceptions.--The Federal Government shall not be required to
acquire space transportation services under subsection (a) if, on a
case-by-case basis, the Administrator or, in the case of a national
security issue, the Secretary of the Air Force, determines that--
(1) a payload requires the unique capabilities of the space
shuttle;
(2) cost effective space transportation services that meet
specific mission requirements would not be reasonably available
from United States commercial providers when required;
(3) the use of space transportation services from United
States commercial providers poses an unacceptable risk of loss
of a unique scientific opportunity;
(4) the use of space transportation services from United
States commercial providers is inconsistent with national
security objectives;
(5) the use of space transportation services from United
States commercial providers is inconsistent with international
agreements for international collaborative efforts relating to
science and technology;
(6) it is more cost effective to transport a payload in
conjunction with a test or demonstration of a space
transportation vehicle owned by the Federal Government; or
(7) a payload can make use of the available cargo space on a
space shuttle mission as a secondary payload, and such payload
is consistent with the requirements of research, development,
demonstration, scientific, commercial, and educational programs
authorized by the Administrator.
(c) Agreements With Foreign Entities.--Nothing in this section shall
prevent the Administrator from planning or negotiating agreements with
foreign entities for the launch of Federal Government payloads for
international collaborative efforts relating to science and technology.
(d) Delayed Effect.--Subsection (a) shall not apply to space
transportation services and space transportation vehicles acquired or
owned by the Federal Government before October 28, 1998, or with
respect to which a contract for such acquisition or ownership has been
entered into before October 28, 1998.
(e) Historical Purposes.--This section shall not be construed to
prohibit the Federal Government from acquiring, owning, or maintaining
space transportation vehicles solely for historical display purposes.
Sec. 50132. Acquisition of commercial space transportation services
(a) Treatment of Commercial Space Transportation Services as
Commercial Item Under Acquisition Laws.--Acquisitions of space
transportation services by the Federal Government shall be carried out
in accordance with applicable acquisition laws and regulations
(including chapters 137 and 140 of title 10). For purposes of such law
and regulations, space transportation services shall be considered to
be a commercial item.
(b) Safety Standards.--Nothing in this section shall be construed to
prohibit the Federal Government from requiring compliance with
applicable safety standards.
Sec. 50133. Shuttle privatization
The Administrator shall prepare for an orderly transition from the
Federal operation, or Federal management of contracted operation, of
space transportation systems to the Federal purchase of commercial
space transportation services for all nonemergency space transportation
requirements for transportation to and from Earth orbit, including
human, cargo, and mixed payloads. In those preparations, the
Administrator shall take into account the need for short-term
economies, as well as the goal of restoring the Administration's
research focus and its mandate to promote the fullest possible
commercial use of space. As part of those preparations, the
Administrator shall plan for the potential privatization of the space
shuttle program. Such plan shall keep safety and cost effectiveness as
high priorities. Nothing in this section shall prohibit the
Administration from studying, designing, developing, or funding
upgrades or modifications essential to the safe and economical
operation of the space shuttle fleet.
Sec. 50134. Use of excess intercontinental ballistic missiles
(a) In General.--The Federal Government shall not--
(1) convert any missile described in subsection (c) to a
space transportation vehicle configuration; or
(2) transfer ownership of any such missile to another person,
except as provided in subsection (b).
(b) Authorized Federal Uses.--
(1) In general.--A missile described in subsection (c) may be
converted for use as a space transportation vehicle by the
Federal Government if, except as provided in paragraph (2) and
at least 30 days before such conversion, the agency seeking to
use the missile as a space transportation vehicle transmits to
the Committee on Armed Services and the Committee on Science
and Technology of the House of Representatives, and to the
Committee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate, a certification that
the use of such missile--
(A) would result in cost savings to the Federal
Government when compared to the cost of acquiring space
transportation services from United States commercial
providers;
(B) meets all mission requirements of the agency,
including performance, schedule, and risk requirements;
(C) is consistent with international obligations of
the United States; and
(D) is approved by the Secretary of Defense or the
designee of the Secretary of Defense.
(2) Exception to requirement that certification be
transmitted 30 days before conversion.--The requirement under
paragraph (1) that the certification described in that
paragraph must be transmitted at least 30 days before
conversion of the missile shall not apply if the Secretary of
Defense determines that compliance with that requirement would
be inconsistent with meeting immediate national security
requirements.
(c) Missiles Referred to.--The missiles referred to in this section
are missiles owned by the United States that--
(1) were formerly used by the Department of Defense for
national defense purposes as intercontinental ballistic
missiles; and
(2) have been declared excess to United States national
defense needs and are in compliance with international
obligations of the United States.
CHAPTER 503--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION
Sec.
50301. Definitions.
50302. Loan guarantees for production of commercial reusable in-space
transportation.
Sec. 50301. Definitions
In this chapter:
(1) Commercial provider.--The term ``commercial provider''
means any person or entity providing commercial reusable in-
orbit space transportation services or systems, primary control
of which is held by persons other than the Federal Government,
a State or local government, or a foreign government.
(2) In-space transportation services.--The term ``in-space
transportation services'' means operations and activities
involved in the direct transportation or attempted
transportation of a payload or object from one orbit to another
by means of an in-space transportation vehicle.
(3) In-space transportation system.--The term ``in-space
transportation 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, necessary for the provision of in-space
transportation services.
(4) In-space transportation vehicle.--The term ``in-space
transportation vehicle'' means a vehicle designed--
(A) to be based and operated in space;
(B) to transport various payloads or objects from one
orbit to another orbit; and
(C) to be reusable and refueled in space.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Defense.
(6) United states commercial provider.--The term ``United
States commercial provider'' means any commercial provider
organized under the laws of the United States that is more than
50 percent owned by United States nationals.
Sec. 50302. Loan guarantees for production of commercial reusable in-
space transportation
(a) Authority To Make Loan Guarantees.--The Secretary may guarantee
loans made to eligible United States commercial providers for purposes
of producing commercial reusable in-space transportation services or
systems.
(b) Eligible United States Commercial Providers.--The Secretary shall
prescribe requirements for the eligibility of United States commercial
providers for loan guarantees under this section. Such requirements
shall ensure that eligible providers are financially capable of
undertaking a loan guaranteed under this section.
(c) Limitation on Loans Guaranteed.--The Secretary may not guarantee
a loan for a United States commercial provider under this section
unless the Secretary determines that credit would not otherwise be
reasonably available at the time of the guarantee for the commercial
reusable in-space transportation service or system to be produced
utilizing the proceeds of the loan.
(d) Credit Subsidy.--
(1) Collection required.--The Secretary shall collect from
each United States commercial provider receiving a loan
guarantee under this section an amount equal to the amount, as
determined by the Secretary, to cover the cost, as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)), of the loan guarantee.
(2) Periodic disbursements.--In the case of a loan guarantee
in which proceeds of the loan are disbursed over time, the
Secretary shall collect the amount required under this
subsection on a pro rata basis, as determined by the Secretary,
at the time of each disbursement.
(e) Other Terms and Conditions.--
(1) Prohibition on subordination.--A loan guaranteed under
this section may not be subordinated to another debt contracted
by the United States commercial provider concerned, or to any
other claims against such provider.
(2) Restriction on income.--A loan guaranteed under this
section may not--
(A) provide income which is excluded from gross
income for purposes of chapter 1 of the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.); or
(B) provide significant collateral or security, as
determined by the Secretary, for other obligations the
income from which is so excluded.
(3) Treatment of guarantee.--The guarantee of a loan under
this section shall be conclusive evidence of the following:
(A) That the guarantee has been properly obtained.
(B) That the loan qualifies for the guarantee.
(C) That, but for fraud or material misrepresentation
by the holder of the loan, the guarantee is valid,
legal, and enforceable.
(4) Other terms and conditions.--The Secretary may establish
any other terms and conditions for a guarantee of a loan under
this section as the Secretary considers appropriate to protect
the financial interests of the United States.
(f) Enforcement of Rights.--
(1) In general.--The Attorney General may take any action the
Attorney General considers appropriate to enforce any right
accruing to the United States under a loan guarantee under this
section.
(2) Forbearance.--The Attorney General may, with the approval
of the parties concerned, forbear from enforcing any right of
the United States under a loan guaranteed under this section
for the benefit of a United States commercial provider if such
forbearance will not result in any cost, as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)), to the United States.
(3) Utilization of property.--Notwithstanding any other
provision of law and subject to the terms of a loan guaranteed
under this section, upon the default of a United States
commercial provider under the loan, the Secretary may, at the
election of the Secretary--
(A) assume control of the physical asset financed by
the loan; and
(B) complete, recondition, reconstruct, renovate,
repair, maintain, operate, or sell the physical asset.
(g) Credit Instruments.--
(1) Authority to issue instruments.--Notwithstanding any
other provision of law, the Secretary may, subject to such
terms and conditions as the Secretary considers appropriate,
issue credit instruments to United States commercial providers
of in-space transportation services or systems, with the
aggregate cost (as determined under the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of
such instruments not to exceed $1,500,000,000, but only to the
extent that new budget authority to cover such costs is
provided in subsequent appropriations Acts or authority is
otherwise provided in subsequent appropriations Acts.
(2) Credit subsidy.--The Secretary shall provide a credit
subsidy for any credit instrument issued under this subsection
in accordance with the provisions of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.).
(3) Construction.--The eligibility of a United States
commercial provider of in-space transportation services or
systems for a credit instrument under this subsection is in
addition to any eligibility of such provider for a loan
guarantee under other provisions of this section.
CHAPTER 505--COMMERCIAL SPACE COMPETITIVENESS
Sec.
50501. Definitions.
50502. Launch voucher demonstration program.
50503. Anchor tenancy and termination liability.
50504. Use of Government facilities.
50505. Test facilities.
50506. Commercial Space Achievement Award.
Sec. 50501. Definitions
In this chapter:
(1) Agency.--The term ``agency'' means an executive agency as
defined in section 105 of title 5.
(2) Anchor tenancy.--The term ``anchor tenancy'' means an
arrangement in which the United States Government agrees to
procure sufficient quantities of a commercial space product or
service needed to meet Government mission requirements so that
a commercial venture is made viable.
(3) Commercial.--The term ``commercial'' means having--
(A) private capital at risk; and
(B) primary financial and management responsibility
for the activity reside with the private sector.
(4) Cost effective.--The term ``cost effective'' means
costing no more than the available alternatives, determined by
a comparison of all related direct and indirect costs
including, in the case of Government costs, applicable
Government labor and overhead costs as well as contractor
charges, and taking into account the ability of each
alternative to accommodate mission requirements as well as the
related factors of risk, reliability, schedule, and technical
performance.
(5) Launch.--The term ``launch'' means to place, or attempt
to place, a launch vehicle and its payload, if any, in a
suborbital trajectory, in Earth orbit in outer space, or
otherwise in outer space.
(6) Launch services.--The term ``launch services'' means
activities involved in the preparation of a launch vehicle and
its payload for launch and the conduct of a launch.
(7) Launch support facilities.--The term ``launch support
facilities'' means facilities located at launch sites or launch
ranges that are required to support launch activities,
including launch vehicle assembly, launch vehicle operations
and control, communications, flight safety functions, and
payload operations, control, and processing.
(8) Launch vehicle.--The term ``launch vehicle'' means any
vehicle constructed for the purpose of operating in or placing
a payload in outer space or in suborbital trajectories, and
includes components of that vehicle.
(9) Payload.--The term ``payload'' means an object which a
person undertakes to launch, and includes subcomponents of the
launch vehicle specifically designed or adapted for that
object.
(10) Payload integration services.--The term ``payload
integration services'' means activities involved in integrating
multiple payloads into a single payload for launch or
integrating a payload with a launch vehicle.
(11) Space recovery support facilities.--The term ``space
recovery support facilities'' means facilities required to
support activities related to the recovery of payloads returned
from space to a space recovery site, including operations and
control, communications, flight safety functions, and payload
processing.
(12) Space transportation infrastructure.--The term ``space
transportation infrastructure'' means facilities, associated
equipment, and real property (including launch sites, launch
support facilities, space recovery sites, and space recovery
support facilities) required to perform launch or space
recovery activities.
(13) State.--The term ``State'' means the several States, the
District of Columbia, Puerto Rico, American Samoa, the United
States Virgin Islands, Guam, the Northern Mariana Islands, and
any other commonwealth, territory, or possession of the United
States.
(14) United states.--The term ``United States'' means the
States, collectively.
Sec. 50502. Launch voucher demonstration program
(a) Requirement To Establish Program.--The Administrator shall
establish a demonstration program to award vouchers for the payment of
commercial launch services and payload integration services for the
purpose of launching payloads funded by the Administration.
(b) Award of Vouchers.--The Administrator shall award vouchers under
subsection (a) to appropriate individuals as a part of grants
administered by the Administration for the launch of--
(1) payloads to be placed in suborbital trajectories; and
(2) small payloads to be placed in orbit.
(c) Assistance.--The Administrator may provide voucher award
recipients with such assistance (including contract formulation and
technical support during the proposal evaluation) as may be necessary
to ensure the purchase of cost effective and reasonably reliable
commercial launch services and payload integration services.
Sec. 50503. Anchor tenancy and termination liability
(a) Anchor Tenancy Contracts.--Subject to appropriations, the
Administrator or the Administrator of the National Oceanic and
Atmospheric Administration may enter into multiyear anchor tenancy
contracts for the purchase of a good or service if the appropriate
Administrator determines that--
(1) the good or service meets the mission requirements of the
Administration or the National Oceanic and Atmospheric
Administration, as appropriate;
(2) the commercially procured good or service is cost
effective;
(3) the good or service is procured through a competitive
process;
(4) existing or potential customers for the good or service
other than the United States Government have been specifically
identified;
(5) the long-term viability of the venture is not dependent
upon a continued Government market or other nonreimbursable
Government support; and
(6) private capital is at risk in the venture.
(b) Termination Liability.--
(1) In general.--Contracts entered into under subsection (a)
may provide for the payment of termination liability in the
event that the Government terminates such contracts for its
convenience.
(2) Fixed schedule of payments and limitation on liability.--
Contracts that provide for the payment of termination
liability, as described in paragraph (1), shall include a fixed
schedule of such termination liability payments. Liability
under such contracts shall not exceed the total payments which
the Government would have made after the date of termination to
purchase the good or service if the contract were not
terminated.
(3) Use of funds.--Subject to appropriations, funds available
for such termination liability payments may be used for
purchase of the good or service upon successful delivery of the
good or service pursuant to the contract. In such case,
sufficient funds shall remain available to cover any remaining
termination liability.
(c) Limitations.--
(1) Duration.--Contracts entered into under this section
shall not exceed 10 years in duration.
(2) Fixed price.--Such contracts shall provide for delivery
of the good or service on a firm, fixed price basis.
(3) Performance specifications.--To the extent practicable,
reasonable performance specifications shall be used to define
technical requirements in such contracts.
(4) Failure to perform.--In any such contract, the
appropriate Administrator shall reserve the right to completely
or partially terminate the contract without payment of such
termination liability because of the contractor's actual or
anticipated failure to perform its contractual obligations.
Sec. 50504. Use of Government facilities
(a) Authority.--
(1) In general.--Federal agencies, including the
Administration and the Department of Defense, may allow non-
Federal entities to use their space-related facilities on a
reimbursable basis if the Administrator, the Secretary of
Defense, or the appropriate agency head determines that--
(A) the facilities will be used to support commercial
space activities;
(B) such use can be supported by existing or planned
Federal resources;
(C) such use is compatible with Federal activities;
(D) equivalent commercial services are not available
on reasonable terms; and
(E) such use is consistent with public safety,
national security, and international treaty
obligations.
(2) Consultation.--In carrying out paragraph (1)(E), each
agency head shall consult with appropriate Federal officials.
(b) Reimbursement Payment.--
(1) Amount.--The reimbursement referred to in subsection (a)
may be an amount equal to the direct costs (including salaries
of United States civilian and contractor personnel) incurred by
the United States as a result of the use of such facilities by
the private sector. For the purposes of this paragraph, the
term ``direct costs'' means the actual costs that can be
unambiguously associated with such use, and would not be borne
by the United States Government in the absence of such use.
(2) Credit to appropriation.--The amount of any payment
received by the United States for use of facilities under this
subsection shall be credited to the appropriation from which
the cost of providing such facilities was paid.
Sec. 50505. Test facilities
(a) Charges.--The Administrator shall establish a policy of charging
users of the Administration's test facilities for the costs associated
with their tests at a level that is competitive with alternative test
facilities. The Administrator shall not implement a policy of seeking
full cost recovery for a facility until at least 30 days after
transmitting a notice to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(b) Funding Account.--In planning and budgeting, the Administrator
shall establish a funding account that shall be used for all test
facilities. The account shall be sufficient to maintain the viability
of test facilities during periods of low utilization.
Sec. 50506. Commercial Space Achievement Award
(a) Establishment.--There is established a Commercial Space
Achievement Award. The award shall consist of a medal, which shall be
of such design and materials and bear such inscriptions as determined
by the Secretary of Commerce. A cash prize may also be awarded if
funding for the prize is available under subsection (d).
(b) Criteria for Award.--The Secretary of Commerce shall periodically
make awards under this section to individuals, corporations, corporate
divisions, or corporate subsidiaries substantially engaged in
commercial space activities that in the opinion of the Secretary of
Commerce best meet the following criteria:
(1) Non-governmental revenue.--For corporate entities, at
least half of the revenues from the space-related activities of
the corporation, division, or subsidiary is derived from
sources other than the United States Government.
(2) Substantial contribution.--The activities and
achievements of the individual, corporation, division, or
subsidiary have substantially contributed to the United States
gross national product and the stature of United States
industry in international markets, with due consideration for
both the economic magnitude and the technical quality of the
activities and achievements.
(3) Substantial advancement of technology.--The individual,
corporation, division, or subsidiary has substantially advanced
space technology and space applications directly related to
commercial space activities.
(c) Limitations.--No individual or corporate entity may receive an
award under this section more than once every 5 years.
(d) Funding for Award.--The Secretary of Commerce may seek and accept
gifts of money from public and private sources for the purpose of
making cash prize awards under this section. Such money may be used
only for that purpose, and only such money may be used for that
purpose. The Secretary of Commerce shall make publicly available an
itemized list of the sources of such funding.
CHAPTER 507--OFFICE OF SPACE COMMERCIALIZATION
Sec.
50701. Definition of Office.
50702. Establishment.
50703. Annual report.
Sec. 50701. Definition of Office
In this chapter, the term ``Office'' means the Office of Space
Commercialization established in section 50702 of this title.
Sec. 50702. Establishment
(a) In General.--There is established within the Department of
Commerce an Office of Space Commercialization.
(b) Director.--The Office shall be headed by a Director, who shall be
a senior executive and shall be compensated at a level in the Senior
Executive Service under section 5382 of title 5 as determined by the
Secretary of Commerce.
(c) Functions of Office.--The Office shall be the principal unit for
the coordination of space-related issues, programs, and initiatives
within the Department of Commerce.
(d) Duties of Director.--The primary responsibilities of the Director
in carrying out the functions of the Office shall include--
(1) promoting commercial provider investment in space
activities by collecting, analyzing, and disseminating
information on space markets, and conducting workshops and
seminars to increase awareness of commercial space
opportunities;
(2) assisting United States commercial providers in the
efforts of those providers to conduct business with the United
States Government;
(3) acting as an industry advocate within the executive
branch of the Federal Government to ensure that the Federal
Government meets the space-related requirements of the Federal
Government, to the fullest extent feasible, using commercially
available space goods and services;
(4) ensuring that the United States Government does not
compete with United States commercial providers in the
provision of space hardware and services otherwise available
from United States commercial providers;
(5) promoting the export of space-related goods and services;
(6) representing the Department of Commerce in the
development of United States policies and in negotiations with
foreign countries to ensure free and fair trade internationally
in the area of space commerce; and
(7) seeking the removal of legal, policy, and institutional
impediments to space commerce.
Sec. 50703. Annual report
The Secretary of Commerce shall submit an annual report on the
activities of the Office, including planned programs and expenditures,
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science and Technology of the House of
Representatives.
Subtitle VI--Earth Observations
CHAPTER 601--LAND REMOTE SENSING POLICY
SUBCHAPTER I--GENERAL
Sec.
60101. Definitions.
SUBCHAPTER II--LANDSAT
60111. Landsat Program Management.
60112. Transfer of Landsat 6 program responsibilities.
60113. Data policy for Landsat 7.
SUBCHAPTER III--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
60121. General licensing authority.
60122. Conditions for operation.
60123. Administrative authority of Secretary.
60124. Regulatory authority of Secretary.
60125. Agency activities.
SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION
60131. Continued Federal research and development.
60132. Availability of federally gathered unenhanced data.
60133. Technology demonstration program.
60134. Preference for private sector land remote sensing system.
SUBCHAPTER V--GENERAL PROVISIONS
60141. Nondiscriminatory data availability.
60142. Archiving of data.
60143. Nonreproduction.
60144. Reimbursement for assistance.
60145. Acquisition of equipment.
60146. Radio frequency allocation.
60147. Consultation.
60148. Enforcement.
SUBCHAPTER VI--PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
60161. Prohibition.
60162. Future considerations.
SUBCHAPTER I--GENERAL
Sec. 60101. Definitions
In this chapter:
(1) Cost of fulfilling user requests.--The term ``cost of
fulfilling user requests'' means the incremental costs
associated with providing product generation, reproduction, and
distribution of unenhanced data in response to user requests
and shall not include any acquisition, amortization, or
depreciation of capital assets originally paid for by the
United States Government or other costs not specifically
attributable to fulfilling user requests.
(2) Data continuity.--The term ``data continuity'' means the
continued acquisition and availability of unenhanced data which
are, from the point of view of the user--
(A) sufficiently consistent (in terms of acquisition
geometry, coverage characteristics, and spectral
characteristics) with previous Landsat data to allow
comparisons for global and regional change detection
and characterization; and
(B) compatible with such data and with methods used
to receive and process such data.
(3) Data preprocessing.--The term ``data preprocessing''--
(A) may include--
(i) rectification of system and sensor
distortions in land remote sensing data as it
is received directly from the satellite in
preparation for delivery to a user;
(ii) registration of such data with respect
to features of the Earth; and
(iii) calibration of spectral response with
respect to such data; but
(B) does not include conclusions, manipulations, or
calculations derived from such data, or a combination
of such data with other data.
(4) Land remote sensing.--The term ``land remote sensing''
means the collection of data which can be processed into
imagery of surface features of the Earth from an unclassified
satellite or satellites, other than an operational United
States Government weather satellite.
(5) Landsat program management.--The term ``Landsat Program
Management'' means the integrated program management
structure--
(A) established by, and responsible to, the
Administrator and the Secretary of Defense pursuant to
section 60111(a) of this title; and
(B) consisting of appropriate officers and employees
of the Administration, the Department of Defense, and
any other United States Government agencies the
President designates as responsible for the Landsat
program.
(6) Landsat system.--The term ``Landsat system'' means
Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote
sensing system operated and owned by the United States
Government, along with any related ground equipment, systems,
and facilities owned by the United States Government.
(7) Landsat 6 contractor.--The term ``Landsat 6 contractor''
means the private sector entity which was awarded the contract
for spacecraft construction, operations, and data marketing
rights for the Landsat 6 spacecraft.
(8) Landsat 7.--The term ``Landsat 7'' means the follow-on
satellite to Landsat 6.
(9) National satellite land remote sensing data archive.--The
term ``National Satellite Land Remote Sensing Data Archive''
means the archive established by the Secretary of the Interior
pursuant to the archival responsibilities defined in section
60142 of this title.
(10) Noncommercial purposes.--The term ``noncommercial
purposes'' means activities undertaken by individuals or
entities on the condition, upon receipt of unenhanced data,
that--
(A) such data shall not be used in connection with
any bid for a commercial contract, development of a
commercial product, or any other non-United States
Government activity that is expected, or has the
potential, to be profitmaking;
(B) the results of such activities are disclosed in a
timely and complete fashion in the open technical
literature or other method of public release, except
when such disclosure by the United States Government or
its contractors would adversely affect the national
security or foreign policy of the United States or
violate a provision of law or regulation; and
(C) such data shall not be distributed in competition
with unenhanced data provided by the Landsat 6
contractor.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(12) Unenhanced data.--The term ``unenhanced data'' means
land remote sensing signals or imagery products that are
unprocessed or subject only to data preprocessing.
(13) United states government and its affiliated users.--The
term ``United States Government and its affiliated users''
means--
(A) United States Government agencies;
(B) researchers involved with the United States
Global Change Research Program and its international
counterpart programs; and
(C) other researchers and international entities that
have signed with the United States Government a
cooperative agreement involving the use of Landsat data
for noncommercial purposes.
SUBCHAPTER II--LANDSAT
Sec. 60111. Landsat Program Management
(a) Establishment.--The Administrator and the Secretary of Defense
shall be responsible for management of the Landsat program. Such
responsibility shall be carried out by establishing an integrated
program management structure for the Landsat system.
(b) Management Plan.--The Administrator, the Secretary of Defense,
and any other United States Government official the President
designates as responsible for part of the Landsat program shall
establish, through a management plan, the roles, responsibilities, and
funding expectations for the Landsat program of the appropriate United
States Government agencies. The management plan shall--
(1) specify that the fundamental goal of the Landsat Program
Management is the continuity of unenhanced Landsat data through
the acquisition and operation of a Landsat 7 satellite as
quickly as practicable which is, at a minimum, functionally
equivalent to the Landsat 6 satellite, with the addition of a
tracking and data relay satellite communications capability;
(2) include a baseline funding profile that--
(A) is mutually acceptable to the Administration and
the Department of Defense for the period covering the
development and operation of Landsat 7; and
(B) provides for total funding responsibility of the
Administration and the Department of Defense,
respectively, to be approximately equal to the funding
responsibility of the other as spread across the
development and operational life of Landsat 7;
(3) specify that any improvements over the Landsat 6
functional equivalent capability for Landsat 7 will be funded
by a specific sponsoring agency or agencies, in a manner agreed
to by the Landsat Program Management, if the required funding
exceeds the baseline funding profile required by paragraph (2),
and that additional improvements will be sought only if the
improvements will not jeopardize data continuity; and
(4) provide for a technology demonstration program whose
objective shall be the demonstration of advanced land remote
sensing technologies that may potentially yield a system which
is less expensive to build and operate, and more responsive to
data users, than is the current Landsat system.
(c) Responsibilities.--The Landsat Program Management shall be
responsible for--
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system is
responsive to the broad interests of the civilian, national
security, commercial, and foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat data remain
unclassified and that, except as provided in subsections (a)
and (b) of section 60146 of this title, no restrictions are
placed on the availability of unenhanced data;
(4) ensuring that land remote sensing data of high priority
locations will be acquired by the Landsat 7 system as required
to meet the needs of the United States Global Change Research
Program, as established in the Global Change Research Act of
1990 (15 U.S.C. 2921 et seq.), and to meet the needs of
national security users;
(5) Landsat data responsibilities pursuant to this chapter;
(6) oversight of Landsat contracts entered into under
sections 102 and 103 of the Land Remote Sensing Policy Act of
1992 (Public Law 102-555, 106 Stat. 4168);
(7) coordination of a technology demonstration program
pursuant to section 60133 of this title; and
(8) ensuring that copies of data acquired by the Landsat
system are provided to the National Satellite Land Remote
Sensing Data Archive.
(d) Authority To Contract.--The Landsat Program Management may,
subject to appropriations and only under the existing contract
authority of the United States Government agencies that compose the
Landsat Program Management, enter into contracts with the private
sector for services such as satellite operations and data
preprocessing.
(e) Landsat Advisory Process.--
(1) Advice and comments.--The Landsat Program Management
shall seek impartial advice and comments regarding the status,
effectiveness, and operation of the Landsat system, using
existing advisory committees and other appropriate mechanisms.
Such advice shall be sought from individuals who represent--
(A) a broad range of perspectives on basic and
applied science and operational needs with respect to
land remote sensing data;
(B) the full spectrum of users of Landsat data,
including representatives from United States Government
agencies, State and local government agencies, academic
institutions, nonprofit organizations, value-added
companies, the agricultural, mineral extraction, and
other user industries, and the public; and
(C) a broad diversity of age groups, sexes, and
races.
(2) Reports.--The Landsat Program Management shall prepare
and submit biennially a report to Congress which--
(A) reports the public comments received pursuant to
paragraph (1); and
(B) includes--
(i) a response to the public comments
received pursuant to paragraph (1);
(ii) information on the volume of use, by
category, of data from the Landsat system; and
(iii) any recommendations for policy or
programmatic changes to improve the utility and
operation of the Landsat system.
Sec. 60112. Transfer of Landsat 6 program responsibilities
The responsibilities of the Secretary with respect to Landsat 6 shall
be transferred to the Landsat Program Management, as agreed to between
the Secretary and the Landsat Program Management, pursuant to section
60111 of this title.
Sec. 60113. Data policy for Landsat 7
(a) Landsat 7 Data Policy.--The Landsat Program Management, in
consultation with other appropriate United States Government agencies,
shall develop a data policy for Landsat 7 which should--
(1) ensure that unenhanced data are available to all users at
the cost of fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced data
to the full spectrum of civilian, national security,
commercial, and foreign users and the National Satellite Land
Remote Sensing Data Archive;
(3) ensure that the United States retains ownership of all
unenhanced data generated by Landsat 7;
(4) support the development of the commercial market for
remote sensing data;
(5) ensure that the provision of commercial value-added
services based on remote sensing data remains exclusively the
function of the private sector; and
(6) to the extent possible, ensure that the data distribution
system for Landsat 7 is compatible with the Earth Observing
System Data and Information System.
(b) Additional Data Policy Considerations.--In addition, the data
policy for Landsat 7 may provide for--
(1) United States private sector entities to operate ground
receiving stations in the United States for Landsat 7 data;
(2) other means for direct access by private sector entities
to unenhanced data from Landsat 7; and
(3) the United States Government to charge a per image fee,
license fee, or other such fee to entities operating ground
receiving stations or distributing Landsat 7 data.
SUBCHAPTER III--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
Sec. 60121. General licensing authority
(a) Licensing Authority of Secretary.--
(1) In general.--In consultation with other appropriate
United States Government agencies, the Secretary is authorized
to license private sector parties to operate private remote
sensing space systems for such period as the Secretary may
specify and in accordance with the provisions of this
subchapter.
(2) Limitation with respect to system used for other
purposes.--In the case of a private space system that is used
for remote sensing and other purposes, the authority of the
Secretary under this subchapter shall be limited only to the
remote sensing operations of such space system.
(b) Compliance With Law, Regulations, International Obligations, and
National Security.--
(1) In general.--No license shall be granted by the Secretary
unless the Secretary determines in writing that the applicant
will comply with the requirements of this chapter, any
regulations issued pursuant to this chapter, and any applicable
international obligations and national security concerns of the
United States.
(2) List of requirements for complete application.--The
Secretary shall publish in the Federal Register a complete and
specific list of all information required to comprise a
complete application for a license under this subchapter. An
application shall be considered complete when the applicant has
provided all information required by the list most recently
published in the Federal Register before the date the
application was first submitted. Unless the Secretary has,
within 30 days after receipt of an application, notified the
applicant of information necessary to complete an application,
the Secretary may not deny the application on the basis of the
absence of any such information.
(c) Deadline for Action on Application.--The Secretary shall review
any application and make a determination thereon within 120 days of the
receipt of such application. If final action has not occurred within
such time, the Secretary shall inform the applicant of any pending
issues and of actions required to resolve them.
(d) Improper Basis for Denial.--The Secretary shall not deny such
license in order to protect any existing licensee from competition.
(e) Requirement To Provide Unenhanced Data.--
(1) Designation of data.--The Secretary, in consultation with
other appropriate United States Government agencies and
pursuant to paragraph (2), shall designate in a license issued
pursuant to this subchapter any unenhanced data required to be
provided by the licensee under section 60122(b)(3) of this
title.
(2) Preliminary determination.--The Secretary shall make a
designation under paragraph (1) after determining that--
(A) such data are generated by a system for which all
or a substantial part of the development, fabrication,
launch, or operations costs have been or will be
directly funded by the United States Government; or
(B) it is in the interest of the United States to
require such data to be provided by the licensee
consistent with section 60122(b)(3) of this title,
after considering the impact on the licensee and the
importance of promoting widespread access to remote
sensing data from United States and foreign systems.
(3) Consistency with contract or other arrangement.--A
designation made by the Secretary under paragraph (1) shall not
be inconsistent with any contract or other arrangement entered
into between a United States Government agency and the
licensee.
Sec. 60122. Conditions for operation
(a) License Required for Operation.--No person that is subject to the
jurisdiction or control of the United States may, directly or through
any subsidiary or affiliate, operate any private remote sensing space
system without a license pursuant to section 60121 of this title.
(b) Licensing Requirements.--Any license issued pursuant to this
subchapter shall specify that the licensee shall comply with all of the
requirements of this chapter and shall--
(1) operate the system in such manner as to preserve the
national security of the United States and to observe the
international obligations of the United States in accordance
with section 60146 of this title;
(2) make available to the government of any country
(including the United States) unenhanced data collected by the
system concerning the territory under the jurisdiction of such
government as soon as such data are available and on reasonable
terms and conditions;
(3) make unenhanced data designated by the Secretary in the
license pursuant to section 60121(e) of this title available in
accordance with section 60141 of this title;
(4) upon termination of operations under the license, make
disposition of any satellites in space in a manner satisfactory
to the President;
(5) furnish the Secretary with complete orbit and data
collection characteristics of the system, and inform the
Secretary immediately of any deviation; and
(6) notify the Secretary of any significant or substantial
agreement the licensee intends to enter with a foreign nation,
entity, or consortium involving foreign nations or entities.
(c) Additional Licensing Requirements for Landsat 6 Contractor.--In
addition to the requirements of subsection (b), any license issued
pursuant to this subchapter to the Landsat 6 contractor shall specify
that the Landsat 6 contractor shall--
(1) notify the Secretary of any value added activities (as
defined by the Secretary by regulation) that will be conducted
by the Landsat 6 contractor or by a subsidiary or affiliate;
and
(2) if such activities are to be conducted, provide the
Secretary with a plan for compliance with section 60141 of this
title.
Sec. 60123. Administrative authority of Secretary
(a) Functions.--In order to carry out the responsibilities specified
in this subchapter, the Secretary may--
(1) grant, condition, or transfer licenses under this
chapter;
(2) seek an order of injunction or similar judicial
determination from a district court of the United States with
personal jurisdiction over the licensee to terminate, modify,
or suspend licenses under this subchapter and to terminate
licensed operations on an immediate basis, if the Secretary
determines that the licensee has substantially failed to comply
with any provisions of this chapter, with any terms,
conditions, or restrictions of such license, or with any
international obligations or national security concerns of the
United States;
(3) provide penalties for noncompliance with the requirements
of licenses or regulations issued under this subchapter,
including civil penalties not to exceed $10,000 (each day of
operation in violation of such licenses or regulations
constituting a separate violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpoenas for any materials, documents, or records,
or for the attendance and testimony of witnesses for the
purpose of conducting a hearing under this section;
(6) seize any object, record, or report pursuant to a warrant
from a magistrate based on a showing of probable cause to
believe that such object, record, or report was used, is being
used, or is likely to be used in violation of this chapter or
the requirements of a license or regulation issued thereunder;
and
(7) make investigations and inquiries and administer to or
take from any person an oath, affirmation, or affidavit
concerning any matter relating to the enforcement of this
chapter.
(b) Review of Agency Action.--Any applicant or licensee that makes a
timely request for review of an adverse action pursuant to paragraph
(1), (3), (5), or (6) of subsection (a) shall be entitled to
adjudication by the Secretary on the record after an opportunity for
any agency hearing with respect to such adverse action. Any final
action by the Secretary under this subsection shall be subject to
judicial review under chapter 7 of title 5.
Sec. 60124. Regulatory authority of Secretary
The Secretary may issue regulations to carry out this subchapter.
Such regulations shall be promulgated only after public notice and
comment in accordance with the provisions of section 553 of title 5.
Sec. 60125. Agency activities
(a) License Application and Issuance.--A private sector party may
apply for a license to operate a private remote sensing space system
which utilizes, on a space-available basis, a civilian United States
Government satellite or vehicle as a platform for such system. The
Secretary, pursuant to this subchapter, may license such system if it
meets all conditions of this subchapter and--
(1) the system operator agrees to reimburse the Government in
a timely manner for all related costs incurred with respect to
such utilization, including a reasonable and proportionate
share of fixed, platform, data transmission, and launch costs;
and
(2) such utilization would not interfere with or otherwise
compromise intended civilian Government missions, as determined
by the agency responsible for such civilian platform.
(b) Assistance.--The Secretary may offer assistance to private sector
parties in finding appropriate opportunities for such utilization.
(c) Agreements.--To the extent provided in advance by appropriation
Acts, any United States Government agency may enter into agreements for
such utilization if such agreements are consistent with such agency's
mission and statutory authority, and if such remote sensing space
system is licensed by the Secretary before commencing operation.
(d) Applicability.--This section does not apply to activities carried
out under subchapter IV.
(e) Effect on FCC Authority.--Nothing in this subchapter shall affect
the authority of the Federal Communications Commission pursuant to the
Communications Act of 1934 (47 U.S.C. 151 et seq.).
SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Sec. 60131. Continued Federal research and development
(a) Roles of Administration and Department of Defense.--
(1) In general.--The Administrator and the Secretary of
Defense are directed to continue and to enhance programs of
remote sensing research and development.
(2) Administration activities authorized and encouraged.--The
Administrator is authorized and encouraged to--
(A) conduct experimental space remote sensing
programs (including applications demonstration programs
and basic research at universities);
(B) develop remote sensing technologies and
techniques, including those needed for monitoring the
Earth and its environment; and
(C) conduct such research and development in
cooperation with other United States Government
agencies and with public and private research entities
(including private industry, universities, non-profit
organizations, State and local governments, foreign
governments, and international organizations) and to
enter into arrangements (including joint ventures)
which will foster such cooperation.
(b) Roles of Department of Agriculture and Department of the
Interior.--
(1) In general.--In order to enhance the ability of the
United States to manage and utilize its renewable and
nonrenewable resources, the Secretary of Agriculture and the
Secretary of the Interior are authorized and encouraged to
conduct programs of research and development in the
applications of remote sensing using funds appropriated for
such purposes.
(2) Activities that may be included.--Such programs may
include basic research at universities, demonstrations of
applications, and cooperative activities involving other
Government agencies, private sector parties, and foreign and
international organizations.
(c) Role of Other Federal Agencies.--Other United States Government
agencies are authorized and encouraged to conduct research and
development on the use of remote sensing in the fulfillment of their
authorized missions, using funds appropriated for such purposes.
Sec. 60132. Availability of federally gathered unenhanced data
(a) In General.--All unenhanced land remote sensing data gathered and
owned by the United States Government, including unenhanced data
gathered under the technology demonstration program carried out
pursuant to section 60133 of this title, shall be made available to
users in a timely fashion.
(b) Protection for Commercial Data Distributor.--The President shall
seek to ensure that unenhanced data gathered under the technology
demonstration program carried out pursuant to section 60133 of this
title shall, to the extent practicable, be made available on terms that
would not adversely affect the commercial market for unenhanced data
gathered by the Landsat 6 spacecraft.
Sec. 60133. Technology demonstration program
(a) Establishment.--As a fundamental component of a national land
remote sensing strategy, the President shall establish, through
appropriate United States Government agencies, a technology
demonstration program. The goals of the program shall be to--
(1) seek to launch advanced land remote sensing system
components within 5 years after October 28, 1992;
(2) demonstrate within such 5-year period advanced sensor
capabilities suitable for use in the anticipated land remote
sensing program; and
(3) demonstrate within such 5-year period an advanced land
remote sensing system design that could be less expensive to
procure and operate than the Landsat system projected to be in
operation through the year 2000, and that therefore holds
greater potential for private sector investment and control.
(b) Execution of Program.--In executing the technology demonstration
program, the President shall seek to apply technologies associated with
United States National Technical Means of intelligence gathering, to
the extent that such technologies are appropriate for the technology
demonstration and can be declassified for such purposes without causing
adverse harm to United States national security interests.
(c) Broad Application.--To the greatest extent practicable, the
technology demonstration program established under subsection (a) shall
be designed to be responsive to the broad civilian, national security,
commercial, and foreign policy needs of the United States.
(d) Private Sector Funding.--The technology demonstration program
under this section may be carried out in part with private sector
funding.
(e) Landsat Program Management Coordination.--The Landsat Program
Management shall have a coordinating role in the technology
demonstration program carried out under this section.
Sec. 60134. Preference for private sector land remote sensing system
(a) In General.--If a successor land remote sensing system to Landsat
7 can be funded and managed by the private sector while still achieving
the goals stated in subsection (b) without jeopardizing the domestic,
national security, and foreign policy interests of the United States,
preference should be given to the development of such a system by the
private sector without competition from the United States Government.
(b) Goals.--The goals referred to in subsection (a) are--
(1) to encourage the development, launch, and operation of a
land remote sensing system that adequately serves the civilian,
national security, commercial, and foreign policy interests of
the United States;
(2) to encourage the development, launch, and operation of a
land remote sensing system that maintains data continuity with
the Landsat system; and
(3) to incorporate system enhancements, including any such
enhancements developed under the technology demonstration
program under section 60133 of this title, which may
potentially yield a system that is less expensive to build and
operate, and more responsive to data users, than is the Landsat
system otherwise projected to be in operation in the future.
SUBCHAPTER V--GENERAL PROVISIONS
Sec. 60141. Nondiscriminatory data availability
(a) In General.--Except as provided in subsection (b), any unenhanced
data generated by the Landsat system or any other land remote sensing
system funded and owned by the United States Government shall be made
available to all users without preference, bias, or any other special
arrangement (except on the basis of national security concerns pursuant
to section 60146 of this title) regarding delivery, format, pricing, or
technical considerations which would favor one customer or class of
customers over another.
(b) Exceptions.--Unenhanced data generated by the Landsat system or
any other land remote sensing system funded and owned by the United
States Government may be made available to the United States Government
and its affiliated users at reduced prices, in accordance with this
chapter, on the condition that such unenhanced data are used solely for
noncommercial purposes.
Sec. 60142. Archiving of data
(a) Public Interest.--It is in the public interest for the United
States Government to--
(1) maintain an archive of land remote sensing data for
historical, scientific, and technical purposes, including long-
term global environmental monitoring;
(2) control the content and scope of the archive; and
(3) ensure the quality, integrity, and continuity of the
archive.
(b) Archiving Practices.--The Secretary of the Interior, in
consultation with the Landsat Program Management, shall provide for
long-term storage, maintenance, and upgrading of a basic, global, land
remote sensing data set (hereafter in this section referred to as the
``basic data set'') and shall follow reasonable archival practices to
ensure proper storage and preservation of the basic data set and timely
access for parties requesting data.
(c) Determination of Content of Basic Data Set.--In determining the
initial content of, or in upgrading, the basic data set, the Secretary
of the Interior shall--
(1) use as a baseline the data archived on October 28, 1992;
(2) take into account future technical and scientific
developments and needs, paying particular attention to the
anticipated data requirements of global environmental change
research;
(3) consult with and seek the advice of users and producers
of remote sensing data and data products;
(4) consider the need for data which may be duplicative in
terms of geographical coverage but which differ in terms of
season, spectral bands, resolution, or other relevant factors;
(5) include, as the Secretary of the Interior considers
appropriate, unenhanced data generated either by the Landsat
system, pursuant to subchapter II, or by licensees under
subchapter III;
(6) include, as the Secretary of the Interior considers
appropriate, data collected by foreign ground stations or by
foreign remote sensing space systems; and
(7) ensure that the content of the archive is developed in
accordance with section 60146 of this title.
(d) Public Domain.--After the expiration of any exclusive right to
sell, or after relinquishment of such right, the data provided to the
National Satellite Land Remote Sensing Data Archive shall be in the
public domain and shall be made available to requesting parties by the
Secretary of the Interior at the cost of fulfilling user requests.
Sec. 60143. Nonreproduction
Unenhanced data distributed by any licensee under subchapter III may
be sold on the condition that such data will not be reproduced or
disseminated by the purchaser for commercial purposes.
Sec. 60144. Reimbursement for assistance
The Administrator, the Secretary of Defense, and the heads of other
United States Government agencies may provide assistance to land remote
sensing system operators under the provisions of this chapter.
Substantial assistance shall be reimbursed by the operator, except as
otherwise provided by law.
Sec. 60145. Acquisition of equipment
The Landsat Program Management may, by means of a competitive
process, allow a licensee under subchapter III or any other private
party to buy, lease, or otherwise acquire the use of equipment from the
Landsat system, when such equipment is no longer needed for the
operation of such system or for the sale of data from such system.
Officials of other United States Government civilian agencies are
authorized and encouraged to cooperate with the Secretary in carrying
out this section.
Sec. 60146. Radio frequency allocation
(a) Application to Federal Communications Commission.--To the extent
required by the Communications Act of 1934 (47 U.S.C. 151 et seq.), an
application shall be filed with the Federal Communications Commission
for any radio facilities involved with commercial remote sensing space
systems licensed under subchapter III.
(b) Deadline for FCC Action.--It is the intent of Congress that the
Federal Communications Commission complete the radio licensing process
under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the
application of any private sector party or consortium operator of any
commercial land remote sensing space system subject to this chapter,
within 120 days of the receipt of an application for such licensing. If
final action has not occurred within 120 days of the receipt of such an
application, the Federal Communications Commission shall inform the
applicant of any pending issues and of actions required to resolve
them.
(c) Development and Construction of United States Systems.--Authority
shall not be required from the Federal Communications Commission for
the development and construction of any United States land remote
sensing space system (or component thereof), other than radio
transmitting facilities or components, while any licensing
determination is being made.
(d) Consistency With International Obligations and Public Interest.--
Frequency allocations made pursuant to this section by the Federal
Communications Commission shall be consistent with international
obligations and with the public interest.
Sec. 60147. Consultation
(a) Consultation With Secretary of Defense.--The Secretary and the
Landsat Program Management shall consult with the Secretary of Defense
on all matters under this chapter affecting national security. The
Secretary of Defense shall be responsible for determining those
conditions, consistent with this chapter, necessary to meet national
security concerns of the United States and for notifying the Secretary
and the Landsat Program Management promptly of such conditions.
(b) Consultation With Secretary of State.--
(1) In general.--The Secretary and the Landsat Program
Management shall consult with the Secretary of State on all
matters under this chapter affecting international obligations.
The Secretary of State shall be responsible for determining
those conditions, consistent with this chapter, necessary to
meet international obligations and policies of the United
States and for notifying promptly the Secretary and the Landsat
Program Management of such conditions.
(2) International aid.--Appropriate United States Government
agencies are authorized and encouraged to provide remote
sensing data, technology, and training to developing nations as
a component of programs of international aid.
(3) Reporting discriminatory distribution.--The Secretary of
State shall promptly report to the Secretary and Landsat
Program Management any instances outside the United States of
discriminatory distribution of Landsat data.
(c) Status Report.--The Landsat Program Management shall, as often as
necessary, provide to Congress complete and updated information about
the status of ongoing operations of the Landsat system, including
timely notification of decisions made with respect to the Landsat
system in order to meet national security concerns and international
obligations and policies of the United States Government.
(d) Reimbursements.--If, as a result of technical modifications
imposed on a licensee under subchapter III on the basis of national
security concerns, the Secretary, in consultation with the Secretary of
Defense or with other Federal agencies, determines that additional
costs will be incurred by the licensee, or that past development costs
(including the cost of capital) will not be recovered by the licensee,
the Secretary may require the agency or agencies requesting such
technical modifications to reimburse the licensee for such additional
or development costs, but not for anticipated profits. Reimbursements
may cover costs associated with required changes in system performance,
but not costs ordinarily associated with doing business abroad.
Sec. 60148. Enforcement
(a) In General.--In order to ensure that unenhanced data from the
Landsat system received solely for noncommercial purposes are not used
for any commercial purpose, the Secretary (in collaboration with
private sector entities responsible for the marketing and distribution
of unenhanced data generated by the Landsat system) shall develop and
implement a system for enforcing this prohibition, in the event that
unenhanced data from the Landsat system are made available for
noncommercial purposes at a different price than such data are made
available for other purposes.
(b) Authority of Secretary.--Subject to subsection (d), the Secretary
may impose any of the enforcement mechanisms described in subsection
(c) against a person that--
(1) receives unenhanced data from the Landsat system under
this chapter solely for noncommercial purposes (and at a
different price than the price at which such data are made
available for other purposes); and
(2) uses such data for other than noncommercial purposes.
(c) Enforcement Mechanisms.--Enforcement mechanisms referred to in
subsection (b) may include civil penalties of not more than $10,000
(per day per violation), denial of further unenhanced data purchasing
privileges, and any other penalties or restrictions the Secretary
considers necessary to ensure, to the greatest extent practicable, that
unenhanced data provided for noncommercial purposes are not used to
unfairly compete in the commercial market against private sector
entities not eligible for data at the cost of fulfilling user requests.
(d) Procedures and Regulations.--The Secretary shall issue any
regulations necessary to carry out this section and shall establish
standards and procedures governing the imposition of enforcement
mechanisms under subsection (b). The standards and procedures shall
include a procedure for potentially aggrieved parties to file formal
protests with the Secretary alleging instances where such unenhanced
data have been, or are being, used for commercial purposes in violation
of the terms of receipt of such data. The Secretary shall promptly act
to investigate any such protest, and shall report annually to Congress
on instances of such violations.
SUBCHAPTER VI--PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES
Sec. 60161. Prohibition
Neither the President nor any other official of the Government shall
make any effort to lease, sell, or transfer to the private sector, or
commercialize, any portion of the weather satellite systems operated by
the Department of Commerce or any successor agency.
Sec. 60162. Future considerations
Regardless of any change in circumstances subsequent to October 28,
1992, even if such change makes it appear to be in the national
interest to commercialize weather satellites, neither the President nor
any official shall take any action prohibited by section 60161 of this
title unless this subchapter has first been repealed.
CHAPTER 603--REMOTE SENSING
Sec.
60301. Definitions.
60302. General responsibilities.
60303. Pilot projects to encourage public sector applications.
60304. Program evaluation.
60305. Data availability.
60306. Education.
Sec. 60301. Definitions
In this chapter:
(1) Geospatial information.--The term ``geospatial
information'' means knowledge of the nature and distribution of
physical and cultural features on the landscape based on
analysis of data from airborne or spaceborne platforms or other
types and sources of data.
(2) High resolution.--The term ``high resolution'' means
resolution better than five meters.
(3) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Sec. 60302. General responsibilities
The Administrator shall--
(1) develop a sustained relationship with the United States
commercial remote sensing industry and, consistent with
applicable policies and law, to the maximum practicable, rely
on their services; and
(2) in conjunction with United States industry and
universities, research, develop, and demonstrate prototype
Earth science applications to enhance Federal, State, local,
and tribal governments' use of government and commercial remote
sensing data, technologies, and other sources of geospatial
information for improved decision support to address their
needs.
Sec. 60303. Pilot projects to encourage public sector applications
(a) In General.--The Administrator shall establish a program of
grants for competitively awarded pilot projects to explore the
integrated use of sources of remote sensing and other geospatial
information to address State, local, regional, and tribal agency needs.
(b) Preferred Projects.--In awarding grants under this section, the
Administrator shall give preference to projects that--
(1) make use of commercial data sets, including high
resolution commercial satellite imagery and derived satellite
data products, existing public data sets where commercial data
sets are not available or applicable, or the fusion of such
data sets;
(2) integrate multiple sources of geospatial information,
such as geographic information system data, satellite-provided
positioning data, and remotely sensed data, in innovative ways;
(3) include funds or in-kind contributions from non-Federal
sources;
(4) involve the participation of commercial entities that
process raw or lightly processed data, often merging that data
with other geospatial information, to create data products that
have significant value added to the original data; and
(5) taken together demonstrate as diverse a set of public
sector applications as possible.
(c) Opportunities.--In carrying out this section, the Administrator
shall seek opportunities to assist--
(1) in the development of commercial applications potentially
available from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying
remote sensing and other geospatial information technologies
for growth management.
(d) Duration.--Assistance for a pilot project under subsection (a)
shall be provided for a period not to exceed 3 years.
(e) Report.--Each recipient of a grant under subsection (a) shall
transmit a report to the Administrator on the results of the pilot
project within 180 days of the completion of that project.
(f) Workshop.--Each recipient of a grant under subsection (a) shall,
not later than 180 days after the completion of the pilot project,
conduct at least one workshop for potential users to disseminate the
lessons learned from the pilot project as widely as feasible.
(g) Regulations.--The Administrator shall issue regulations
establishing application, selection, and implementation procedures for
pilot projects, and guidelines for reports and workshops required by
this section.
Sec. 60304. Program evaluation
(a) Advisory Committee.--The Administrator shall establish an
advisory committee, consisting of individuals with appropriate
expertise in State, local, regional, and tribal agencies, the
university research community, and the remote sensing and other
geospatial information industries, to monitor the program established
under section 60303 of this title. The advisory committee shall consult
with the Federal Geographic Data Committee and other appropriate
industry representatives and organizations. Notwithstanding section 14
of the Federal Advisory Committee Act (5 App. U.S.C.), the advisory
committee established under this subsection shall remain in effect
until the termination of the program under section 60303 of this title.
(b) Effectiveness Evaluation.--Not later than December 31, 2009, the
Administrator shall transmit to Congress an evaluation of the
effectiveness of the program established under section 60303 of this
title in exploring and promoting the integrated use of sources of
remote sensing and other geospatial information to address State,
local, regional, and tribal agency needs. Such evaluation shall have
been conducted by an independent entity.
Sec. 60305. Data availability
The Administrator shall ensure that the results of each of the pilot
projects completed under section 60303 of this title shall be
retrievable through an electronic, internet-accessible database.
Sec. 60306. Education
The Administrator shall establish an educational outreach program to
increase awareness at institutions of higher education and State,
local, regional, and tribal agencies of the potential applications of
remote sensing and other geospatial information and awareness of the
need for geospatial workforce development.
CHAPTER 605--EARTH SCIENCE
Sec.
60501. Goal.
60502. Transitioning experimental research into operational services.
60503. Reauthorization of Glory Mission.
60504. Tornadoes and other severe storms.
60505. Coordination with the National Oceanic and Atmospheric
Administration.
60506. Sharing of climate related data.
Sec. 60501. Goal
The goal for the Administration's Earth Science program shall be to
pursue a program of Earth observations, research, and applications
activities to better understand the Earth, how it supports life, and
how human activities affect its ability to do so in the future. In
pursuit of this goal, the Administration's Earth Science program shall
ensure that securing practical benefits for society will be an
important measure of its success in addition to securing new knowledge
about the Earth system and climate change. In further pursuit of this
goal, the Administration shall, together with the National Oceanic and
Atmospheric Administration and other relevant agencies, provide United
States leadership in developing and carrying out a cooperative
international Earth observations-based research program.
Sec. 60502. Transitioning experimental research into operational
services
(a) Interagency Process.--The Director of the Office of Science and
Technology Policy, in consultation with the Administrator, the
Administrator of the National Oceanic and Atmospheric Administration,
and other relevant stakeholders, shall develop a process to transition,
when appropriate, Administration Earth science and space weather
missions or sensors into operational status. The process shall include
coordination of annual agency budget requests as required to execute
the transitions.
(b) Responsible Agency Official.--The Administrator and the
Administrator of the National Oceanic and Atmospheric Administration
shall each designate an agency official who shall have the
responsibility for and authority to lead the Administration's and the
National Oceanic and Atmospheric Administration's transition activities
and interagency coordination.
(c) Plan.--For each mission or sensor that is determined to be
appropriate for transition under subsection (a), the Administration and
the National Oceanic and Atmospheric Administration shall transmit to
Congress a joint plan for conducting the transition. The plan shall
include the strategy, milestones, and budget required to execute the
transition. The transition plan shall be transmitted to Congress no
later than 60 days after the successful completion of the mission or
sensor critical design review.
Sec. 60503. Reauthorization of Glory Mission
Congress reauthorizes the Administration to continue with development
of the Glory Mission, which will examine how aerosols and solar energy
affect the Earth's climate.
Sec. 60504. Tornadoes and other severe storms
The Administrator shall ensure that the Administration gives high
priority to those parts of its existing cooperative activities with the
National Oceanic and Atmospheric Administration that are related to the
study of tornadoes and other severe storms, tornado-force winds, and
other factors determined to influence the development of tornadoes and
other severe storms, with the goal of improving the Nation's ability to
predict tornados and other severe storms. Further, the Administrator
shall examine whether there are additional cooperative activities with
the National Oceanic and Atmospheric Administration that should be
undertaken in the area of tornado and severe storm research.
Sec. 60505. Coordination with the National Oceanic and Atmospheric
Administration
(a) Joint Working Group.--The Administrator and the Administrator of
the National Oceanic and Atmospheric Administration shall appoint a
Joint Working Group, which shall review and monitor missions of the two
agencies to ensure maximum coordination in the design, operation, and
transition of missions where appropriate. The Joint Working Group shall
also prepare the plans required by subsection (c).
(b) Coordination Report.--Not later than February 15 of each year,
the Administrator and the Administrator of the National Oceanic and
Atmospheric Administration shall jointly transmit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
how the Earth science programs of the Administration and the National
Oceanic and Atmospheric Administration will be coordinated during the
fiscal year following the fiscal year in which the report is
transmitted.
(c) Coordination of Transition Planning and Reporting.--The
Administrator, in conjunction with the Administrator of the National
Oceanic and Atmospheric Administration and in consultation with other
relevant agencies, shall evaluate relevant Administration science
missions for their potential operational capabilities and shall prepare
transition plans for the existing and future Earth observing systems
found to have potential operational capabilities.
(d) Limitation.--The Administrator shall not transfer any
Administration Earth science mission or Earth observing system to the
National Oceanic and Atmospheric Administration until the plan required
under subsection (c) has been approved by the Administrator and the
Administrator of the National Oceanic and Atmospheric Administration
and until financial resources have been identified to support the
transition or transfer in the President's budget request for the
National Oceanic and Atmospheric Administration.
Sec. 60506. Sharing of climate related data
The Administrator shall work to ensure that the Administration's
policies on the sharing of climate related data respond to the
recommendations of the Government Accountability Office's report on
climate change research and data-sharing policies and to the
recommendations on the processing, distribution, and archiving of data
by the National Academies Earth Science Decadal Survey, ``Earth Science
and Applications from Space'', and other relevant National Academies
reports, to enhance and facilitate their availability and widest
possible use to ensure public access to accurate and current data on
global warming.
Subtitle VII--Access to Space
CHAPTER 701--USE OF SPACE SHUTTLE OR ALTERNATIVES
Sec.
70101. Recovery of fair value of placing Department of Defense payloads
in orbit with space shuttle.
70102. Space shuttle use policy.
70103. Commercial payloads on space shuttle.
Sec. 70101. Recovery of fair value of placing Department of Defense
payloads in orbit with space shuttle
Notwithstanding any other provision of law, or any interagency
agreement, the Administrator shall charge such prices as are necessary
to recover the fair value of placing Department of Defense payloads
into orbit by means of the space shuttle.
Sec. 70102. Space shuttle use policy
(a) Use Policy.--
(1) In general.--
(A) Policy.--It shall be the policy of the United
States to use the space shuttle--
(i) for purposes that require a human
presence;
(ii) for purposes that require the unique
capabilities of the space shuttle; or
(iii) when other compelling circumstances
exist.
(B) Definition of compelling circumstances.--In this
paragraph, the term ``compelling circumstances''
includes, but is not limited to, occasions when the
Administrator determines, in consultation with the
Secretary of Defense and the Secretary of State, that
important national security or foreign policy interests
would be served by a shuttle launch.
(2) Using available cargo space for secondary payloads.--The
policy stated in paragraph (1) shall not preclude the use of
available cargo space, on a space shuttle mission otherwise
consistent with the policy described in paragraph (1), for the
purpose of carrying secondary payloads (as defined by the
Administrator) that do not require a human presence if such
payloads are consistent with the requirements of research,
development, demonstration, scientific, commercial, and
educational programs authorized by the Administrator.
(b) Annual Report.--At least annually, the Administrator shall submit
to Congress a report certifying that the payloads scheduled to be
launched on the space shuttle for the next 4 years are consistent with
the policy set forth in subsection (a)(1). For each payload scheduled
to be launched from the space shuttle that does not require a human
presence, the Administrator shall, in the certified report to Congress,
state the specific circumstances that justified the use of the space
shuttle. If, during the period between scheduled reports to Congress,
any additions are made to the list of certified payloads intended to be
launched from the shuttle, the Administrator shall inform Congress of
the additions and the reasons therefor within 45 days of the change.
(c) Administration Payloads.--The report described in subsection (b)
shall also include those Administration payloads designed solely to fly
on the space shuttle which have begun the phase C/D of its development
cycle.
Sec. 70103. Commercial payloads on space shuttle
(a) Definitions.--In this section:
(1) Launch vehicle.--The term ``launch vehicle'' means any
vehicle constructed for the purpose of operating in, or placing
a payload in, outer space.
(2) Payload.--The term ``payload'' means an object which a
person undertakes to place in outer space by means of a launch
vehicle, and includes subcomponents of the launch vehicle
specifically designed or adapted for that object.
(b) In General.--Commercial payloads may not be accepted for launch
as primary payloads on the space shuttle unless the Administrator
determines that--
(1) the payload requires the unique capabilities of the space
shuttle; or
(2) launching of the payload on the space shuttle is
important for either national security or foreign policy
purposes.
CHAPTER 703--SHUTTLE PRICING POLICY FOR COMMERCIAL AND FOREIGN USERS
Sec.
70301. Congressional findings and declarations.
70302. Purpose, policy, and goals.
70303. Definition of additive cost.
70304. Duties of Administrator.
Sec. 70301. Congressional findings and declarations
Congress finds and declares that--
(1) the Space Transportation System is a vital element of the
United States space program, contributing to the United States
leadership in space research, technology, and development;
(2) the Space Transportation System is the primary space
launch system for both United States national security and
civil government missions;
(3) the Space Transportation System contributes to the
expansion of United States private sector investment and
involvement in space and therefore should serve commercial
users;
(4) the availability of the Space Transportation System to
foreign users for peaceful purposes is an important means of
promoting international cooperative activities in the national
interest and in maintaining access to space for activities
which enhance the security and welfare of humankind;
(5) the United States is committed to maintaining world
leadership in space transportation;
(6) making the Space Transportation System fully operational
and cost effective in providing routine access to space will
maximize the national economic benefits of the system; and
(7) national goals and the objectives for the Space
Transportation System can be furthered by a stable and fair
pricing policy for the Space Transportation System.
Sec. 70302. Purpose, policy, and goals
The purpose of this chapter is to set, for commercial and foreign
users, the reimbursement pricing policy for the Space Transportation
System that is consistent with the findings included in section 70301
of this title, encourages the full and effective use of space, and is
designed to achieve the following goals:
(1) The preservation of the role of the United States as a
leader in space research, technology, and development.
(2) The efficient and cost effective use of the Space
Transportation System.
(3) The achievement of greatly increased commercial space
activity.
(4) The enhancement of the international competitive position
of the United States.
Sec. 70303. Definition of additive cost
In this chapter, the term ``additive cost'' means the average direct
and indirect costs to the Administration of providing additional
flights of the Space Transportation System beyond the costs associated
with those flights necessary to meet the space transportation needs of
the United States Government.
Sec. 70304. Duties of Administrator
(a) Establishment and Implementation of Reimbursement Recovery
System.--The Administrator shall establish and implement a pricing
system to recover reimbursement in accordance with the pricing policy
under section 70302 of this title from each commercial or foreign user
of the Space Transportation System, which, except as provided in
subsections (c), (d), and (e), shall include a base price of not less
than $74,000,000 for each flight of the Space Transportation System in
1982 dollars.
(b) Reports to Congress.--Each year the Administrator shall submit to
the President of the Senate, the Speaker of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Science and Technology of the House
of Representatives a report, transmitted contemporaneously with the
annual budget request of the President, which shall inform Congress how
the policy goals contained in section 70302 of this title are being
furthered by the shuttle price for foreign and commercial users.
(c) Reduction of Base Price.--
(1) Authority to reduce.--If at any time the Administrator
finds that the policy goals contained in section 70302 of this
title are not being achieved, the Administrator shall have
authority to reduce the base price established in subsection
(a) after 45 days following receipt by the President of the
Senate, the Speaker of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Science and Technology of the
House of Representatives of a notice by the Administrator
containing a description of the proposed reduction together
with a full and complete statement of the facts and
circumstances which necessitate such proposed reduction.
(2) Minimum price.--In no case shall the minimum price
established under paragraph (1) be less than additive cost.
(d) Low or No-Cost Flights.--The Administrator may set a price lower
than the price determined under subsection (a) or (c), or provide no-
cost flights, for any commercial or foreign user of the Space
Transportation System that is involved in research, development, or
demonstration programs with the Administration.
(e) Customer Incentives.--Notwithstanding the provisions of
subsection (a), the Administrator shall have the authority to offer
reasonable customer incentives consistent with the policy goals in
section 70302 of this title.
CHAPTER 705--EXPLORATION INITIATIVES
Sec.
70501. Space shuttle follow-on.
70502. Exploration plan and programs.
70503. Ground-based analog capabilities.
70504. Stepping stone approach to exploration.
70505. Lunar outpost.
70506. Exploration technology research.
70507. Technology development.
70508. Robotic or human servicing of spacecraft.
Sec. 70501. Space shuttle follow-on
(a) Policy Statement.--It is the policy of the United States to
possess the capability for human access to space on a continuous basis.
(b) Annual Report.--The Administrator shall transmit an annual report
to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the progress being made toward
developing the Crew Exploration Vehicle and the Crew Launch Vehicle and
the estimated time before they will demonstrate crewed, orbital
spaceflight.
Sec. 70502. Exploration plan and programs
The Administrator shall--
(1) construct an architecture and implementation plan for the
Administration's human exploration program that is not
critically dependent on the achievement of milestones by fixed
dates;
(2) implement an exploration technology development program
to enable lunar human and robotic operations consistent with
section 20302(b) of this title, including surface power to use
on the Moon and other locations;
(3) conduct an in-situ resource utilization technology
program to develop the capability to use space resources to
increase independence from Earth, and sustain exploration
beyond low-Earth orbit; and
(4) pursue aggressively automated rendezvous and docking
capabilities that can support the International Space Station
and other mission requirements.
Sec. 70503. Ground-based analog capabilities
(a) In General.--The Administrator may establish a ground-based
analog capability in remote United States locations in order to assist
in the development of lunar operations, life support, and in-situ
resource utilization experience and capabilities.
(b) Environmental Characteristics.--The Administrator shall select
locations for the activities described in subsection (a) that--
(1) are regularly accessible;
(2) have significant temperature extremes and range; and
(3) have access to energy and natural resources (including
geothermal, permafrost, volcanic, or other potential
resources).
(c) Involvement of Local Populations and Private Sector Partners.--In
carrying out this section, the Administrator shall involve local
populations, academia, and industrial partners as much as possible to
ensure that ground-based benefits and applications are encouraged and
developed.
Sec. 70504. Stepping stone approach to exploration
In order to maximize the cost-effectiveness of the long-term
exploration and utilization activities of the United States, the
Administrator shall take all necessary steps, including engaging
international partners, to ensure that activities in its lunar
exploration program shall be designed and implemented in a manner that
gives strong consideration to how those activities might also help meet
the requirements of future exploration and utilization activities
beyond the Moon. The timetable of the lunar phase of the long-term
international exploration initiative shall be determined by the
availability of funding. However, once an exploration-related project
enters its development phase, the Administrator shall seek, to the
maximum extent practicable, to complete that project without undue
delays.
Sec. 70505. Lunar outpost
(a) Establishment.--As the Administration works toward the
establishment of a lunar outpost, the Administration shall make no
plans that would require a lunar outpost to be occupied to maintain its
viability. Any such outpost shall be operable as a human-tended
facility capable of remote or autonomous operation for extended
periods.
(b) Designation.--The United States portion of the first human-tended
outpost established on the surface of the Moon shall be designated the
``Neil A. Armstrong Lunar Outpost''.
Sec. 70506. Exploration technology research
The Administrator shall carry out a program of long-term exploration-
related technology research and development, including such things as
in-space propulsion, power systems, life support, and advanced
avionics, that is not tied to specific flight projects. The program
shall have the funding goal of ensuring that the technology research
and development can be completed in a timely manner in order to support
the safe, successful, and sustainable exploration of the solar system.
In addition, in order to ensure that the broadest range of innovative
concepts and technologies are captured, the long-term technology
program shall have the goal of having a significant portion of its
funding available for external grants and contracts with universities,
research institutions, and industry.
Sec. 70507. Technology development
The Administrator shall establish an intra-Directorate long-term
technology development program for space and Earth science within the
Science Mission Directorate for the development of new technology. The
program shall be independent of the flight projects under development.
The Administration shall have a goal of funding the intra-Directorate
technology development program at a level of 5 percent of the total
Science Mission Directorate annual budget. The program shall be
structured to include competitively awarded grants and contracts.
Sec. 70508. Robotic or human servicing of spacecraft
The Administrator shall take all necessary steps to ensure that
provision is made in the design and construction of all future
observatory-class scientific spacecraft intended to be deployed in
Earth orbit or at a Lagrangian point in space for robotic or human
servicing and repair to the extent practicable and appropriate.
CHAPTER 707--HUMAN SPACE FLIGHT INDEPENDENT INVESTIGATION COMMISSION
Sec.
70701. Definitions.
70702. Establishment of Commission.
70703. Tasks of Commission.
70704. Composition of Commission.
70705. Powers of Commission.
70706. Public meetings, information, and hearings.
70707. Staff of Commission.
70708. Compensation and travel expenses.
70709. Security clearances for Commission members and staff.
70710. Reporting requirements and termination.
Sec. 70701. Definitions
In this chapter:
(1) Commission.--The term ``Commission'' means a Commission
established under this chapter.
(2) Incident.--The term ``incident'' means either an accident
or a deliberate act.
Sec. 70702. Establishment of Commission
(a) Establishment.--The President shall establish an independent,
nonpartisan Commission within the executive branch to investigate any
incident that results in the loss of--
(1) a space shuttle;
(2) the International Space Station or its operational
viability;
(3) any other United States space vehicle carrying humans
that is owned by the Federal Government or that is being used
pursuant to a contract with the Federal Government; or
(4) a crew member or passenger of any space vehicle described
in this subsection.
(b) Deadline for Establishment.--The President shall establish a
Commission within 7 days after an incident specified in subsection (a).
Sec. 70703. Tasks of Commission
A Commission established pursuant to this chapter shall, to the
extent possible, undertake the following tasks:
(1) Investigation.--Investigate the incident.
(2) Cause.--Determine the cause of the incident.
(3) Contributing factors.--Identify all contributing factors
to the cause of the incident.
(4) Recommendations.--Make recommendations for corrective
actions.
(5) Additional findings or recommendations.--Provide any
additional findings or recommendations deemed by the Commission
to be important, whether or not they are related to the
specific incident under investigation.
(6) Report.--Prepare a report to Congress, the President, and
the public.
Sec. 70704. Composition of Commission
(a) Number of Commissioners.--A Commission established pursuant to
this chapter shall consist of 15 members.
(b) Selection.--The members of a Commission shall be chosen in the
following manner:
(1) Appointment by president.--The President shall appoint
the members, and shall designate the Chairman and Vice Chairman
of the Commission from among its members.
(2) Lists provided by leaders of congress.--The majority
leader of the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, and the minority
leader of the House of Representatives shall each provide to
the President a list of candidates for membership on the
Commission. The President may select one of the candidates from
each of the 4 lists for membership on the Commission.
(3) Prohibition regarding federal officers and employees and
members of congress.--No officer or employee of the Federal
Government or Member of Congress shall serve as a member of the
Commission.
(4) Prohibition regarding contractors.--No member of the
Commission shall have, or have pending, a contractual
relationship with the Administration.
(5) Prohibition regarding conflict of interest.--The
President shall not appoint any individual as a member of a
Commission under this section who has a current or former
relationship with the Administrator that the President
determines would constitute a conflict of interest.
(6) Experience.--To the extent practicable, the President
shall ensure that the members of the Commission include some
individuals with experience relative to human carrying
spacecraft, as well as some individuals with investigative
experience and some individuals with legal experience.
(7) Diversity.--To the extent practicable, the President
shall seek diversity in the membership of the Commission.
(c) Deadline for Appointment.--All members of a Commission
established under this chapter shall be appointed no later than 30 days
after the incident.
(d) Initial Meeting.--A Commission shall meet and begin operations as
soon as practicable.
(e) Subsequent Meetings.--After its initial meeting, a Commission
shall meet upon the call of the Chairman or a majority of its members.
(f) Quorum.--Eight members of a Commission shall constitute a quorum.
(g) Vacancies.--Any vacancy in a Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made.
Sec. 70705. Powers of Commission
(a) Hearings and Evidence.--A Commission or, on the authority of the
Commission, any subcommittee or member thereof, may, for the purpose of
carrying out this chapter--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents,
as the Commission or such designated subcommittee or member may
determine advisable.
(b) Contracting.--A Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this chapter.
(c) Information From Federal Agencies.--
(1) In general.--A Commission may secure directly from any
executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Government, information, suggestions, estimates, and statistics
for the purposes of this chapter. Each department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by the
Chairman, the chairman of any subcommittee created by a
majority of the Commission, or any member designated by a
majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to a Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's tasks.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(3) Administration engineering and safety center.--The
Administration Engineering and Safety Center shall provide data
and technical support as requested by the Commission.
Sec. 70706. Public meetings, information, and hearings
(a) Public Meetings and Release of Public Versions of Reports.--A
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
this chapter.
(b) Public Hearings.--Any public hearings of a Commission shall be
conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
Sec. 70707. Staff of Commission
(a) Appointment and Compensation.--The Chairman, in consultation with
the Vice Chairman, in accordance with rules agreed upon by a
Commission, may appoint and fix the compensation of a staff director
and such other personnel as may be necessary to enable the Commission
to carry out its functions.
(b) Detailees.--Any Federal Government employee, except for an
employee of the Administration, may be detailed to a Commission without
reimbursement from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular employment without
interruption.
(c) Consultant Services.--A Commission may procure the services of
experts and consultants in accordance with section 3109 of title 5, but
at rates not to exceed the daily equivalent of the annual rate of basic
pay in effect for positions at level IV of the Executive Schedule under
section 5315 of title 5. An expert or consultant whose services are
procured under this subsection shall disclose any contract or
association the expert or consultant has with the Administration or any
Administration contractor.
Sec. 70708. Compensation and travel expenses
(a) Compensation.--Each member of a Commission may be compensated at
a rate not to exceed the daily equivalent of the annual rate of basic
pay in effect for positions at level IV of the Executive Schedule under
section 5315 of title 5 for each day during which that member is
engaged in the actual performance of the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of a Commission shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5.
Sec. 70709. Security clearances for Commission members and staff
The appropriate Federal agencies or departments shall cooperate with
a Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant
to existing procedures and requirements. No person shall be provided
with access to classified information under this chapter without the
appropriate security clearances.
Sec. 70710. Reporting requirements and termination
(a) Interim Reports.--A Commission may submit to the President and
Congress interim reports containing such findings, conclusions, and
recommendations for corrective actions as have been agreed to by a
majority of Commission members.
(b) Final Report.--A Commission shall submit to the President and
Congress, and make concurrently available to the public, a final report
containing such findings, conclusions, and recommendations for
corrective actions as have been agreed to by a majority of Commission
members. Such report shall include any minority views or opinions not
reflected in the majority report.
(c) Termination.--
(1) In general.--A Commission, and all the authorities of
this chapter with respect to that Commission, shall terminate
60 days after the date on which the final report is submitted
under subsection (b).
(2) Administrative activities before termination.--A
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
CHAPTER 709--INTERNATIONAL SPACE STATION
Sec.
70901. Peaceful uses of space station.
70902. Allocation of International Space Station research budget.
70903. International Space Station research.
70904. International Space Station completion.
70905. National laboratory designation.
70906. International Space Station National Laboratory Advisory
Committee.
70907. Maintaining use through at least 2020.
Sec. 70901. Peaceful uses of space station
No civil space station authorized under section 103(a)(1) of the
National Aeronautics and Space Administration Authorization Act, Fiscal
Year 1991 (Public Law 101-611, 104 Stat. 3190) may be used to carry or
place in orbit any nuclear weapon or any other weapon of mass
destruction, to install any such weapon on any celestial body, or to
station any such weapon in space in any other manner. This civil space
station may be used only for peaceful purposes.
Sec. 70902. Allocation of International Space Station research budget
The Administrator shall allocate at least 15 percent of the funds
budgeted for International Space Station research to ground-based,
free-flyer, and International Space Station life and microgravity
science research that is not directly related to supporting the human
exploration program, consistent with section 40904 of this title.
Sec. 70903. International Space Station research
The Administrator shall--
(1) carry out a program of microgravity research consistent
with section 40904 of this title; and
(2) consider the need for a life sciences centrifuge and any
associated holding facilities.
Sec. 70904. International Space Station completion
(a) Policy.--It is the policy of the United States to achieve diverse
and growing utilization of, and benefits from, the International Space
Station.
(b) Elements, Capabilities, and Configuration Criteria.--The
Administrator shall ensure that the International Space Station will--
(1) be assembled and operated in a manner that fulfills
international partner agreements, as long as the Administrator
determines that the shuttle can safely enable the United States
to do so;
(2) be used for a diverse range of microgravity research,
including fundamental, applied, and commercial research,
consistent with section 40904 of this title;
(3) have an ability to support a crew size of at least 6
persons, unless the Administrator transmits to the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 60 days after December 30, 2005, a report
explaining why such a requirement should not be met, the impact
of not meeting the requirement on the International Space
Station research agenda and operations and international
partner agreements, and what additional funding or other steps
would be required to have an ability to support a crew size of
at least 6 persons;
(4) support Crew Exploration Vehicle docking and automated
docking of cargo vehicles or modules launched by either heavy-
lift or commercially-developed launch vehicles;
(5) support any diagnostic human research, on-orbit
characterization of molecular crystal growth, cellular
research, and other research that the Administration believes
is necessary to conduct, but for which the Administration lacks
the capacity to return the materials that need to be analyzed
to Earth; and
(6) be operated at an appropriate risk level.
(c) Contingencies.--
(1) Policy.--The Administrator shall ensure that the
International Space Station can have available, if needed,
sufficient logistics and on-orbit capabilities to support any
potential period during which the space shuttle or its follow-
on crew and cargo systems are unavailable, and can have
available, if needed, sufficient surge delivery capability or
prepositioning of spares and other supplies needed to
accommodate any such hiatus.
(2) Plan.--Before making any change in the International
Space Station assembly sequence in effect on December 30, 2005,
the Administrator shall transmit to the Committee on Science
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a plan to carry out the policy described in paragraph
(1).
Sec. 70905. National laboratory designation
(a) Definition of United States Segment of the International Space
Station.--In this section the term ``United States segment of the
International Space Station'' means those elements of the International
Space Station manufactured--
(1) by the United States; or
(2) for the United States by other nations in exchange for
funds or launch services.
(b) Designation.--To further the policy described in section 70501(a)
of this title, the United States segment of the International Space
Station is hereby designated a national laboratory.
(c) Management.--
(1) Partnerships.--The Administrator shall seek to increase
the utilization of the International Space Station by other
Federal entities and the private sector through partnerships,
cost-sharing agreements, and other arrangements that would
supplement Administration funding of the International Space
Station.
(2) Contracting.--The Administrator may enter into a contract
with a nongovernmental entity to operate the International
Space Station national laboratory, subject to all applicable
Federal laws and regulations.
Sec. 70906. International Space Station National Laboratory Advisory
Committee
(a) Establishment.--Not later than one year after October 15, 2008,
the Administrator shall establish under the Federal Advisory Committee
Act a committee to be known as the ``International Space Station
National Laboratory Advisory Committee'' (hereafter in this section
referred to as the ``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall be composed of
individuals representing organizations that have formal
agreements with the Administration to utilize the United States
portion of the International Space Station, including
allocations within partner elements.
(2) Chair.--The Administrator shall appoint a chair from
among the members of the Committee, who shall serve for a 2-
year term.
(c) Duties of the Committee.--
(1) In general.--The Committee shall monitor, assess, and
make recommendations regarding effective utilization of the
International Space Station as a national laboratory and
platform for research.
(2) Annual report.--The Committee shall submit to the
Administrator, on an annual basis or more frequently as
considered necessary by a majority of the members of the
Committee, a report containing the assessments and
recommendations required by paragraph (1).
(d) Duration.--The Committee shall exist for the life of the
International Space Station.
Sec. 70907. Maintaining use through at least 2020
The Administrator shall take all necessary steps to ensure that the
International Space Station remains a viable and productive facility
capable of potential United States utilization through at least 2020
and shall take no steps that would preclude its continued operation and
utilization by the United States after 2015.
CHAPTER 711--NEAR-EARTH OBJECTS
Sec.
71101. Reaffirmation of policy.
71102. Requests for information.
71103. Developing policy and recommending responsible Federal agency.
71104. Planetary radar.
Sec. 71101. Reaffirmation of policy
Congress reaffirms the policy set forth in section 20102(g) of this
title (relating to surveying near-Earth asteroids and comets).
Sec. 71102. Requests for information
The Administrator shall issue requests for information on--
(1) a low-cost space mission with the purpose of
rendezvousing with, attaching a tracking device, and
characterizing the Apophis asteroid; and
(2) a medium-sized space mission with the purpose of
detecting near-Earth objects equal to or greater than 140
meters in diameter.
Sec. 71103. Developing policy and recommending responsible Federal
agency
Within 2 years after October 15, 2008, the Director of the Office of
Science and Technology Policy shall--
(1) develop a policy for notifying Federal agencies and
relevant emergency response institutions of an impending near-
Earth object threat, if near-term public safety is at risk; and
(2) recommend a Federal agency or agencies to be responsible
for--
(A) protecting the United States from a near-Earth
object that is expected to collide with Earth; and
(B) implementing a deflection campaign, in
consultation with international bodies, should one be
necessary.
Sec. 71104. Planetary radar
The Administrator shall maintain a planetary radar that is comparable
to the capability provided through the Deep Space Network Goldstone
facility of the Administration.
CHAPTER 713--COOPERATION FOR SAFETY AMONG SPACEFARING NATIONS
Sec.
71301. Common docking system standard to enable rescue.
71302. Information sharing to avoid physical or radio-frequency
interference.
Sec. 71301. Common docking system standard to enable rescue
In order to maximize the ability to rescue astronauts whose space
vehicles have become disabled, the Administrator shall enter into
discussions with the appropriate representatives of spacefaring nations
who have or plan to have crew transportation systems capable of orbital
flight or flight beyond low Earth orbit for the purpose of agreeing on
a common docking system standard.
Sec. 71302. Information sharing to avoid physical or radio-frequency
interference
The Administrator shall, in consultation with other agencies of the
Federal Government as the Administrator considers appropriate, initiate
discussions with the appropriate representatives of spacefaring nations
to determine an appropriate frame-work under which information intended
to promote safe access into outer space, operations in outer space, and
return from outer space to Earth free from physical or radio-frequency
interference can be shared among the nations.
SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.
(a) Title 5.--Section 9811(a)(1)(E) of title 5, United States Code,
is amended by striking ``section 203(c)(2)(A) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))'' and
substituting ``section 20113(b)(1) of title 51''.
(b) Title 31.--Section 1304(a)(3)(D) of title 31, United States Code,
is amended by striking ``section 203 of the National Aeronautics and
Space Act of 1958 (42 U.S.C. 2473)'' and substituting ``section 20113
of title 51''.
(c) Title 35.--Section 210(a)(7) of title 35, United States Code, is
amended by striking ``section 305 of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2457)'' and substituting ``section 20135 of
title 51''.
(d) Transfer of Chapters 701 and 703 of Title 49, United States
Code.--
(1) Title 49, united states code.--Title 49, United States
Code, is amended as follows:
(A) In the analysis for title 49, United States Code,
the item related to subtitle IX is amended to read as
follows:
[TRANSFERRED]''.
(B) The heading and analysis for subtitle IX of title
49, United States Code, are amended to read as follows:
``Subtitle IX--[Transferred]
``Chapter Sec.
[Transferred]
[Transferred]''.
(2) Renumbering and transfer of chapters.--Chapters 701 and
703 of title 49, United States Code, are renumbered as chapters
509 and 511, respectively, of title 51, United States Code, and
transferred so as to appear after chapter 507 of title 51,
United States Code, as enacted by section 3 of this Act.
(3) Renumbering of sections in chapter 509 of title 51,
united states code.--In chapter 509 of title 51, United States
Code, as renumbered by paragraph (2), and in the chapter
analysis, the sections are renumbered as follows:
(A) Section 70101 is renumbered 50901.
(B) Section 70102 is renumbered 50902.
(C) Section 70103 is renumbered 50903.
(D) Section 70104 is renumbered 50904.
(E) Section 70105 is renumbered 50905.
(F) Section 70105a is renumbered 50906.
(G) Section 70106 is renumbered 50907.
(H) Section 70107 is renumbered 50908.
(I) Section 70108 is renumbered 50909.
(J) Section 70109 is renumbered 50910.
(K) Section 70109a is renumbered 50911.
(L) Section 70110 is renumbered 50912.
(M) Section 70111 is renumbered 50913.
(N) Section 70112 is renumbered 50914.
(O) Section 70113 is renumbered 50915.
(P) Section 70114 is renumbered 50916.
(Q) Section 70115 is renumbered 50917.
(R) Section 70116 is renumbered 50918.
(S) Section 70117 is renumbered 50919.
(T) Section 70118 is renumbered 50920.
(U) Section 70119 is renumbered 50921.
(V) Section 70120 is renumbered 50922.
(W) Section 70121 is renumbered 50923.
(4) Renumbering of sections in chapter 511 of title 51,
united states code.--In chapter 511 of title 51, United States
Code, as renumbered by paragraph (2), and in the chapter
analysis, the sections are renumbered as follows:
(A) Section 70301 is renumbered 51101.
(B) Section 70302 is renumbered 51102.
(C) Section 70303 is renumbered 51103.
(D) Section 70304 is renumbered 51104.
(E) Section 70305 is renumbered 51105.
(5) Cross references in chapter 509 of title 51, united
states code.--
(A) Section 50902(11) of title 51, United States
Code, as renumbered by paragraph (3), is amended--
(i) by striking ``section 70104(c)'' and
substituting ``section 50904(c)''; and
(ii) by striking ``section 70105a'' and
substituting ``section 50906''.
(B) Section 50902(19) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70120(c)(2)'' and substituting
``section 50922(c)(2)''.
(C) Section 50904(a)(2) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70102(1)(A) or (B)'' and
substituting ``section 50902(1)(A) or (B)''.
(D) Section 50904(a)(3) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70102(1)(C)'' and substituting
``section 50902(1)(C)''.
(E) Section 50904(a)(4) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70102(1)(C)'' and substituting
``section 50902(1)(C)''.
(F) Section 50905(b)(5)(A) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70112(a)(2) and (c)'' and
substituting ``section 50914(a)(2) and (c)''.
(G) Section 50906(c) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70105(b)(2)(C)'' and substituting ``section
50905(b)(2)(C)''.
(H) Section 50906(i) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``sections 70106, 70107, 70108, 70109, 70110, 70112,
70115, 70116, 70117, and 70121'' and substituting
``sections 50907, 50908, 50909, 50910, 50912, 50914,
50917, 50918, 50919, and 50923''.
(I) Section 50907(a) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``sections 70104(c), 70105, and 70105a'' and
substituting ``sections 50904(c), 50905, and 50906''.
(J) Section 50908(b)(2) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70105(c)'' and substituting
``section 50905(c)''.
(K) Section 50908(e) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70110'' and substituting ``section 50912''.
(L) Section 50909(b) of title 51, United States Code,
as renumbered by paragraph (3), is amended by striking
``section 70110'' and substituting ``section 50912''.
(M) Section 50912(a)(1) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70105(a) or 70105a'' and
substituting ``section 50905(a) or 50906''.
(N) Section 50912(a)(2) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70104(c)'' and substituting
``section 50904(c)''.
(O) Section 50912(a)(3)(A) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70107(b) or (c)'' and substituting
``section 50908(b) or (c)''.
(P) Section 50912(a)(3)(B) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70108(a)'' and substituting
``section 50909(a)''.
(Q) Section 50915(a)(1)(A) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70112(a)(1)(A)'' and substituting
``section 50914(a)(1)(A)''.
(R) Section 50915(a)(2) of title 51, United States
Code, as renumbered by paragraph (3), is amended--
(i) by striking ``section 70112(a)(1)(A)''
and substituting ``section 50914(a)(1)(A)'';
and
(ii) by striking ``section 70112(a)(1)'' and
substituting ``section 50914(a)(1)''.
(S) Section 50916 of title 51, United States Code, as
renumbered by paragraph (3), is amended by striking
``section 70106(b)'' and substituting ``section
50907(b)''.
(T) Section 50919(b)(2) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``the Land Remote Sensing Policy Act of 1992
(15 U.S.C. 5601 et seq.)'' and substituting ``chapter
601 of this title''.
(U) Section 50922(c)(2)(B) of title 51, United States
Code, as renumbered by paragraph (3), is amended by
striking ``section 70102'' and substituting ``section
50902''.
(6) Cross references in chapter 511 of title 51, united
states code.--
(A) Section 51101(1) of title 51, United States Code,
as renumbered by paragraph (4), is amended by striking
``section 502 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (15
U.S.C. 5802)'' and substituting ``section 50501 of this
title''.
(B) Section 51104(d)(1) of title 51, United States
Code, as renumbered by paragraph (4), is amended by
striking ``section 303 of this title'' and substituting
``section 303 of title 49''.
(7) Analysis for title 51, united states code.--The analysis
for title 51, United States Code, as enacted by section 3 of
this Act, is amended by adding, after the item for chapter 507,
the following items:
Commercial Space Launch Activities................................50901
Space Transportation Infrastructure Matching Grants.............51101''.
(8) Deemed references to title 49, united states code.--In
title 49, United States Code, references to ``this title'' are
deemed to refer also to chapters 509 and 511 of title 51,
United States Code.
(e) National Aeronautics and Space Administration Authorization Act
of 2005.--Section 304 of the National Aeronautics and Space
Administration Authorization Act of 2005 (42 U.S.C. 16654) is amended
as follows:
(1) Subsection (a)(1) is redesignated as subsection (a) and
amended to read as follows:
``(a) Assessment of Certain Missions.--Not later than 60 days after
the date of enactment of this Act, the Administrator shall carry out an
assessment under section 30504 of title 51, United States Code, for at
least the following missions: FAST, TIMED, Cluster, Wind, Geotail,
Polar, TRACE, Ulysses, and Voyager.''.
(2) Subsection (b) is amended by striking ``subsection
(a)(1)'' and substituting ``subsection (a)''.
SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS.
(a) Definitions.--In this section:
(1) Source provision.--The term ``source provision'' means a
provision of law that is replaced by a title 51 provision.
(2) Title 51 provision.--The term ``title 51 provision''
means a provision of title 51, United States Code, that is
enacted by section 3.
(b) Cutoff Date.--The title 51 provisions replace certain provisions
of law enacted on or before July 1, 2009. If a law enacted after that
date amends or repeals a source provision, that law is deemed to amend
or repeal, as the case may be, the corresponding title 51 provision. If
a law enacted after that date is otherwise inconsistent with a title 51
provision or a provision of this Act, that law supersedes the title 51
provision or provision of this Act to the extent of the inconsistency.
(c) Original Date of Enactment Unchanged.--For purposes of
determining whether one provision of law supersedes another based on
enactment later in time, a title 51 provision is deemed to have been
enacted on the date of enactment of the corresponding source provision.
(d) References to Title 51 Provisions.--A reference to a title 51
provision is deemed to refer to the corresponding source provision.
(e) References to Source Provisions.--A reference to a source
provision, including a reference in a regulation, order, or other law,
is deemed to refer to the corresponding title 51 provision.
(f) Regulations, Orders, and Other Administrative Actions.--A
regulation, order, or other administrative action in effect under a
source provision continues in effect under the corresponding title 51
provision.
(g) Actions Taken and Offenses Committed.--An action taken or an
offense committed under a source provision is deemed to have been taken
or committed under the corresponding title 51 provision.
SEC. 6. REPEALS.
The following provisions of law are repealed, except with respect to
rights and duties that matured, penalties that were incurred, or
proceedings that were begun before the date of enactment of this Act:
Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
Act Section United States Code
----------------------------------------------------------------------------------------------------------------
National Aeronautics and Space Act of 1958 (Public 102 42 U.S.C. 2451
103 42 U.S.C. 2452
201 42 U.S.C. 2471 (prior)
202 42 U.S.C. 2472
203 42 U.S.C. 2473
204 42 U.S.C. 2474
205 42 U.S.C. 2475
206 42 U.S.C. 2476
207 42 U.S.C. 2476a
208 42 U.S.C. 2476b
302 42 U.S.C. 2453
303 42 U.S.C. 2454
304(a) 42 U.S.C. 2455(a)
304(e) 42 U.S.C. 2456
304(f) 42 U.S.C. 2456a
305 42 U.S.C. 2457
306 42 U.S.C. 2458
307 42 U.S.C. 2458a
308 42 U.S.C. 2458b
309 42 U.S.C. 2458c
310 42 U.S.C. 2459
311 42 U.S.C. 2459b
312 42 U.S.C. 2459c
313 42 U.S.C. 2459f
314 42 U.S.C. 2459f-1
315 42 U.S.C. 2459j
316 42 U.S.C. 2459k
317 42 U.S.C. 2459l
401 42 U.S.C. 2481
402 42 U.S.C. 2482
403 42 U.S.C. 2483
404 42 U.S.C. 2484
Act of June 15, 1959 (Public Law 86-45)........... 4 42 U.S.C. 2460
National Aeronautics and Space Administration 6 42 U.S.C. 2477
Authorization Act, 1968 (Public Law 90-67).......
Joint Resolution of September 29, 1969 (Public Law 1, 2 42 U.S.C. 2461
91-76)...........................................
National Aeronautics and Space Administration 6 42 U.S.C. 2463
Authorization Act, 1978 (Public Law 95-76).......
National Aeronautics and Space Administration 106(a) 42 U.S.C. 2464
Authorization Act, 1983 (Public Law 97-324)......
National Aeronautics and Space Administration 201 42 U.S.C. 2466
Authorization Act of 1986 (Public Law 99-170)....
202 42 U.S.C. 2466a
203 42 U.S.C. 2466b
204 42 U.S.C. 2466c
National Space Grant College and Fellowship Act 203 42 U.S.C. 2486a
(Title II of Public Law 100-147).................
204 42 U.S.C. 2486b
205 42 U.S.C. 2486c
206 42 U.S.C. 2486d
207 42 U.S.C. 2486e
208 42 U.S.C. 2486f
209 42 U.S.C. 2486g
210 42 U.S.C. 2486h
211 42 U.S.C. 2486i
213 42 U.S.C. 2486k
214 42 U.S.C. 2486l
Department of Housing and Urban Development-- (par. under heading 42 U.S.C. 2467
Independent Agencies Appropriations Act, 1989 ``Science, Space, and
(Public Law 100-404)............................. Technology Education Trust
Fund'', at 102 Stat. 1028)
Departments of Veterans Affairs and Housing and (pars. under heading ``Small 42 U.S.C. 2473b
Urban Development, and Independent Agencies and Disadvantaged Business'',
Appropriations Act, 1990 (Public Law 101-144).... at 103 Stat. 863)
National Aeronautics and Space Administration 112 42 U.S.C. 2465a
Authorization Act, Fiscal Year 1991 (Public Law
101-611).........................................
115(b) 15 U.S.C. 1535
123 (not previously classified)
203 42 U.S.C. 2465c
206 42 U.S.C. 2465f
Departments of Veterans Affairs and Housing and (1st par. under heading 42 U.S.C. 2459d
Urban Development, and Independent Agencies ``Administrative
Appropriations Act, 1992 (Public Law 102-139).... Provisions'', at 105 Stat.
771)
National Aeronautics and Space Administration 19 42 U.S.C. 2459e
Authorization Act, Fiscal Year 1992 (Public Law
102-195).........................................
20 42 U.S.C. 2467a
21(a) 42 U.S.C. 2473c(a)
21(c) 42 U.S.C. 2473c(c)
21(d) 42 U.S.C. 2473c(d)
21(e) 42 U.S.C. 2473c(e)
21(f) 42 U.S.C. 2473c(f)
21(g) 42 U.S.C. 2473c(g)
21(h) 42 U.S.C. 2473c(h)
Land Remote Sensing Policy Act of 1992 (Public Law 3 15 U.S.C. 5602
102-555).........................................
101 15 U.S.C. 5611
102 15 U.S.C. 5612
103 15 U.S.C. 5613
104 15 U.S.C. 5614
105 15 U.S.C. 5615
201 15 U.S.C. 5621
202 15 U.S.C. 5622
203 15 U.S.C. 5623
204 15 U.S.C. 5624
205 15 U.S.C. 5625
301 15 U.S.C. 5631
302 15 U.S.C. 5632
303 15 U.S.C. 5633
401 15 U.S.C. 5641
501 15 U.S.C. 5651
502 15 U.S.C. 5652
503 15 U.S.C. 5653
504 15 U.S.C. 5654
505 15 U.S.C. 5655
506 15 U.S.C. 5656
507 15 U.S.C. 5657
508 15 U.S.C. 5658
601 15 U.S.C. 5671
602 15 U.S.C. 5672
National Aeronautics and Space Administration 304 42 U.S.C. 2467b
Authorization Act, Fiscal Year 1993 (Public Law
102-588).........................................
502 15 U.S.C. 5802
504 15 U.S.C. 5803
506 15 U.S.C. 5805
507 15 U.S.C. 5806
508 15 U.S.C. 5807
510 15 U.S.C. 5808
602 42 U.S.C. 2487a
603 42 U.S.C. 2487b
604 42 U.S.C. 2487c
606 42 U.S.C. 2487e
607 42 U.S.C. 2487f
608 42 U.S.C. 2487g
Commercial Space Act of 1998 (Public Law 105-303). 2 42 U.S.C. 14701
101 42 U.S.C. 14711
104(b) 42 U.S.C. 14712(b)
105 42 U.S.C. 14713
106 42 U.S.C. 14714
107 42 U.S.C. 14715, 15 U.S.C.
5621, 5622
201 42 U.S.C. 14731
202 42 U.S.C. 14732
204 42 U.S.C. 14733
205 42 U.S.C. 14734
206 42 U.S.C. 14735
Technology Administration Act of 1998 (Public Law 8 15 U.S.C. 1511e
105-309).........................................
National Aeronautics and Space Administration 126 42 U.S.C. 2475a
Authorization Act of 2000 (Public Law 106-391)...
301 42 U.S.C. 2459g
304 42 U.S.C. 2459h
305 42 U.S.C. 2475b
325 42 U.S.C. 2473d
Commercial Reusable In-Space Transportation Act of 903 42 U.S.C. 14752
2002 (Title IX of Public Law 107-248)............
904 42 U.S.C. 14753
Departments of Veterans Affairs and Housing and (last par. under heading 42 U.S.C. 2459i
Urban Development, and Independent Agencies ``Administrative
Appropriations Act, 2003 (Division K of Public Provisions'', at 117 Stat.
Law 108-7)....................................... 520)
National Aeronautics and Space Administration 101(a) 42 U.S.C. 16611(a)
Authorization Act of 2005 (Public Law 109-155)...
101(b) 42 U.S.C. 16611(b)
101(h)(1) 42 U.S.C. 16611(h)(1)
101(i) 42 U.S.C. 16611(i)
103 42 U.S.C. 16613
105 42 U.S.C. 16614
107 42 U.S.C. 16615
110 42 U.S.C. 16618
202 42 U.S.C. 16631
203 42 U.S.C. 16632
204 42 U.S.C. 16633
205 42 U.S.C. 16634
301 42 U.S.C. 16651
304(a) (matter before par. 42 U.S.C. 16654(a) (matter
(1)) before par. (1))
304(a)(2) 42 U.S.C. 16654(a)(2)
305(2) 42 U.S.C. 16655(2)
305(3) 42 U.S.C. 16655(3)
306 42 U.S.C. 16656
311 42 U.S.C. 16671
312 42 U.S.C. 16672
313 42 U.S.C. 16673
314 42 U.S.C. 16674
315 42 U.S.C. 16675
316 42 U.S.C. 16676
401 42 U.S.C. 16701
411 42 U.S.C. 16711
421 42 U.S.C. 16721
422 42 U.S.C. 16722
423 42 U.S.C. 16723
424 42 U.S.C. 16724
425 42 U.S.C. 16725
426 42 U.S.C. 16726
427 42 U.S.C. 16727
431 42 U.S.C. 16741
441 42 U.S.C. 16751
501(a) 42 U.S.C. 16761(a)
501(b) 42 U.S.C. 16761(b)
503 42 U.S.C. 16763
504 42 U.S.C. 16764
505 42 U.S.C. 16765
506(1) 42 U.S.C. 16766(1)
506(2) 42 U.S.C. 16766(2)
507(a) 42 U.S.C. 16767(a)
507(b) 42 U.S.C. 16767(b)
507(d) 42 U.S.C. 16767(d)
601 42 U.S.C. 16781
612 42 U.S.C. 16791
613 42 U.S.C. 16792
615 42 U.S.C. 16794
616 42 U.S.C. 16795
618 42 U.S.C. 16797
619(b) 42 U.S.C. 16798(b)
621 42 U.S.C. 16811
707 42 U.S.C. 16821
708 42 U.S.C. 16822
709 42 U.S.C. 16823
821 42 U.S.C. 16841
822 42 U.S.C. 16842
823 42 U.S.C. 16843
824 42 U.S.C. 16844
825 42 U.S.C. 16845
826 42 U.S.C. 16846
827 42 U.S.C. 16847
828 42 U.S.C. 16848
829 42 U.S.C. 16849
830 42 U.S.C. 16850
America COMPETES Act (Public Law 110-69).......... 2001(a) 42 U.S.C. 16611a(a)
2001(b) 42 U.S.C. 16611a(b)
2001(c) 42 U.S.C. 16611a(c)
2001(e) 42 U.S.C. 16611a(e)
2002(b) 42 U.S.C. 16712(b)
2003 42 U.S.C. 16658
Science Appropriations Act, 2008 (Public Law 110- (7th par. under heading 42 U.S.C. 16611b
161, div. B, title III).......................... ``Administrative
Provisions'', at 121 Stat.
1919)
National Aeronautics and Space Administration 201 42 U.S.C. 17711
Authorization Act of 2008 (Public Law 110-422)...
204(b) 42 U.S.C. 17712(b)
204(c) 42 U.S.C. 17712(c)
204(d) 42 U.S.C. 17712(d)
206(a) 42 U.S.C. 17713(a)
208 42 U.S.C. 17714
302 42 U.S.C. 17721
303 42 U.S.C. 17722
304(b) 42 U.S.C. 17723(b)
304(c) 42 U.S.C. 17723(c)
307 42 U.S.C. 17724
403 42 U.S.C. 17731
404(a) 42 U.S.C. 17732(a)
404(b) 42 U.S.C. 17732(b)
405(b) 42 U.S.C. 17733(b)
407 42 U.S.C. 17734
501 42 U.S.C. 17741
502 42 U.S.C. 17742
601(a) 42 U.S.C. 17751(a)
602 42 U.S.C. 17752
704(b) 42 U.S.C. 17781(b)
704(c) 42 U.S.C. 17781(c)
801(a) 42 U.S.C. 17791(a)
803 42 U.S.C. 17793
804 42 U.S.C. 17794
805 42 U.S.C. 17795
902 42 U.S.C. 17801
1002(a) 42 U.S.C. 17811(a)
1003(a) 42 U.S.C. 17812(a)
1102(b) 42 U.S.C. 17821(b)
1103 42 U.S.C. 17822
1104 42 U.S.C. 17823
1107 42 U.S.C. 17824
1109(c) 42 U.S.C. 17825(c)
1112 42 U.S.C. 17827
1116 42 U.S.C. 17828
1117 42 U.S.C. 17829
Science Appropriations Act, 2009 (Public Law 111- (3d proviso in par. under 42 U.S.C. 16611b note
8, div. B, title III............................. heading ``Cross Agency
Support'', at 123 Stat. 589)
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Calendar No. 371
111th CONGRESS
2d Session
H. R. 3237
_______________________________________________________________________
AN ACT
To enact certain laws relating to national and commercial space
programs as title 51, United States Code, ``National and Commercial
Space Programs''.
_______________________________________________________________________
May 10, 2010
Reported without amendment