[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Engrossed in House (EH)]

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''.

    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 titlefor 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 titlefor 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<greek-l>
                                             Statutes at Large deg.
----------------------------------------------------------------------------------------------------------------
                        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<greek-l>314
                                                                                                     added by PL 109-155, 104 deg.
                                                                             315                42 U.S.C. 2459j
                                                                             316    42 U.S.C. 2459k<greek-l>316
                                                                                                     added by PL 109-155, 701 deg.
                                                                             317    42 U.S.C. 2459l<greek-l>317
                                                                                                     added by PL 109-155, 705 deg.
                                                                             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<greek-l>Public
 91-76)...........................................                                                             Law 91-76. The ``whereas''
                                                                                   clauses (83 Stat. 124) appear
                                                                                    before the enacting clause.
                                                                                   Since the ``whereas'' clauses
                                                                                   were not technically enacted,
                                                                                       they don't get repealed.
                                                                                   Sections 1 and 2 of the Joint
                                                                                    Resolution were enacted and
                                                                                   picked up for classification
                                                                                   to 42 U.S.C. 2461. Sections 1
                                                                                   and 2 of the Joint Resolution
                                                                                         are being repealed and
                                                                                   restated as section 30901 of
                                                                                                 title 51. deg.
 
 
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)
 
----------------------------------------------------------------------------------------------------------------

            Passed the House of Representatives January 13, 2010.

            Attest:

                                                                 Clerk.
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''.