[Congressional Record Volume 156, Number 3 (Wednesday, January 13, 2010)]
[House]
[Pages H67-H104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL AND COMMERCIAL SPACE PROGRAMS
Mr. COHEN. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3237) to enact certain laws relating to national and
commercial space programs as title 51, United States Code, ``National
and Commercial Space Programs''.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3237
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.
101. Definitions.......................................... 10101
Subtitle II--General Program and Policy Provisions
201. National Aeronautics and Space Program............... 20101
203. Responsibilities and Vision.......................... 20301
Subtitle III--Administrative Provisions
301. Appropriations, Budgets, and Accounting.............. 30101
303. Contracting and Procurement.......................... 30301
305. Management and Review................................ 30501
307. International Cooperation and Competition............ 30701
309. Awards............................................... 30901
311. Safety............................................... 31101
313. Healthcare........................................... 31301
315. Miscellaneous........................................ 31501
Subtitle IV--Aeronautics and Space Research and Education
401. Aeronautics.......................................... 40101
403. National Space Grant College and Fellowship Program.. 40301
405. Biomedical Research in Space......................... 40501
407. Environmentally Friendly Aircraft.................... 40701
409. Miscellaneous........................................ 40901
Subtitle V--Programs Targeting Commercial Opportunities
501. Space Commerce....................................... 50101
503. Commercial Reusable In-Space Transportation.......... 50301
505. Commercial Space Competitiveness..................... 50501
507. Office of Space Commercialization.................... 50701
Subtitle VI--Earth Observations
601. Land Remote Sensing Policy........................... 60101
603. Remote Sensing....................................... 60301
605. Earth Science........................................ 60501
Subtitle VII--Access to Space
701. Use of Space Shuttle or Alternatives................. 70101
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703. Shuttle Pricing Policy for Commercial and Foreign
Users.............................................. 70301
705. Exploration Initiatives.............................. 70501
707. Human Space Flight Independent Investigation
Commission......................................... 70701
709. International Space Station.......................... 70901
711. Near-Earth Objects................................... 71101
713. 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.
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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
[[Page H70]]
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).
[[Page H71]]
(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)
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while acting within the scope of such person's duties or
employment therein or therefor shall be exclusive of any
other civil action or proceeding by reason of the same
subject matter against such person (or the estate of such
person) whose act or omission gave rise to the action or
proceeding.
(b) Attorney General To Defend any Civil Action or
Proceeding for Malpractice or Negligence.--The Attorney
General shall defend any civil action or proceeding brought
in any court against any person referred to in subsection (a)
(or the estate of such person) for any such injury. Any such
person against whom such civil action or proceeding is
brought shall deliver within such time after date of service
or knowledge of service as determined by the Attorney
General, all process served upon such person or an attested
true copy thereof to such person's immediate superior or to
whomever was designated by the Administrator to receive such
papers. Such person shall promptly furnish copies of the
pleading and process therein to the United States Attorney
for the district embracing the place wherein the proceeding
is brought, to the Attorney General, and to the
Administrator.
(c) Removal of Actions.--Upon a certification by the
Attorney General that any person described in subsection (a)
was acting in the scope of such person's duties or employment
at the time of the incident out of which the suit arose, any
such civil action or proceeding commenced in a State court
shall be removed without bond at any time before trial by the
Attorney General to the district court of the United States
of the district and division embracing the place wherein it
is pending and the proceeding deemed a tort action brought
against the United States under the provisions of title 28,
and all references thereto. Should a district court of the
United States determine, on a hearing on a motion to remand
held before a trial on the merits, that the case so removed
is one in which a remedy by suit within the meaning of
subsection (a) is not available against the United States,
the case shall be remanded to the State court.
(d) Compromise or Settlement of Claims.--The Attorney
General may compromise or settle any claim asserted in such
civil action or proceeding in the manner provided in section
2677 of title 28, and with the same effect.
(e) Applicability of Other Provisions of Law.--For purposes
of this section, the provisions of section 2680(h) of title
28 shall not apply to any cause of action arising out of a
negligent or wrongful act or omission in the performance of
medical, dental, or related health care functions (including
clinical studies and investigations).
(f) Liability Insurance for Persons Assigned to Foreign
Countries or Non-Federal Agencies.--The Administrator or the
Administrator's designee may, to the extent that the
Administrator or the designee deems appropriate, hold
harmless or provide liability insurance for any person
described in subsection (a) for damages for personal injury,
including death, caused by such person's negligent or
wrongful act or omission in the performance of medical,
dental, or related health care functions (including clinical
studies and investigations) while acting within the scope of
such person's duties if such person is assigned to a foreign
country or detailed for service with other than a Federal
department, agency, or instrumentality or if the
circumstances are such as are likely to preclude the remedies
of third persons against the United States described in
section 2679(b) of title 28, for such damage or injury.
Sec. 20138. Insurance and indemnification
(a) Definitions.--In this section:
(1) Space vehicle.--The term ``space vehicle'' means an
object intended for launch, launched, or assembled in outer
space, including the space shuttle and other components of a
space transportation system, together with related equipment,
devices, components, and parts.
(2) Third party.--The term ``third party'' means any person
who may institute a claim against a user for death, bodily
injury, or loss of or damage to property.
(3) User.--The term ``user'' includes anyone who enters
into an agreement with the Administration for use of all or a
portion of a space vehicle, who owns or provides property to
be flown on a space vehicle, or who employs a person to be
flown on a space vehicle.
(b) Authorization.--The Administration is authorized on
such terms and to the extent it may deem appropriate to
provide liability insurance for any user of a space vehicle
to compensate all or a portion of claims by third parties for
death, bodily injury, or loss of or damage to property
resulting from activities carried on in connection with the
launch, operations, or recovery of the space vehicle.
Appropriations available to the Administration may be used to
acquire such insurance, but such appropriations shall be
reimbursed to the maximum extent practicable by the users
under reimbursement policies established pursuant to section
20113 of this title.
(c) Indemnification.--Under such regulations in conformity
with this section as the Administrator shall prescribe taking
into account the availability, cost, and terms of liability
insurance, any agreement between the Administration and a
user of a space vehicle may provide that the United States
will indemnify the user against claims (including reasonable
expenses of litigation or settlement) by third parties for
death, bodily injury, or loss of or damage to property
resulting from activities carried on in connection with the
launch, operations, or recovery of the space vehicle, but
only to the extent that such claims are not compensated by
liability insurance of the user. Such indemnification may be
limited to claims resulting from other than the actual
negligence or willful misconduct of the user.
(d) Terms of Indemnification Agreement.--An agreement made
under subsection (c) that provides indemnification must also
provide for--
(1) notice to the United States of any claim or suit
against the user for the death, bodily injury, or loss of or
damage to the property; and
(2) control of or assistance in the defense by the United
States, at its election, of that suit or claim.
(e) Certification of Just and Reasonable Amount.--No
payment may be made under subsection (c) unless the
Administrator or the Administrator's designee certifies that
the amount is just and reasonable.
(f) Payments.--Upon the approval by the Administrator,
payments under subsection (c) may be made, at the
Administrator's election, either from funds available for
research and development not otherwise obligated or from
funds appropriated for such payments.
Sec. 20139. Insurance for experimental aerospace vehicles
(a) Definitions.--In this section:
(1) Cooperating party.--The term ``cooperating party''
means any person who enters into an agreement with the
Administration for the performance of cooperative scientific,
aeronautical, or space activities to carry out the purposes
of this chapter.
(2) Developer.--The term ``developer'' means a United
States person (other than a natural person) who--
(A) is a party to an agreement with the Administration for
the purpose of developing new technology for an experimental
aerospace vehicle;
(B) owns or provides property to be flown or situated on
that vehicle; or
(C) employs a natural person to be flown on that vehicle.
(3) Experimental aerospace vehicle.--The term
``experimental aerospace vehicle'' means an object intended
to be flown in, or launched into, orbital or suborbital
flight for the purpose of demonstrating technologies
necessary for a reusable launch vehicle, developed under an
agreement between the Administration and a developer.
(4) Related entity.--The term ``related entity'' includes a
contractor or subcontractor at any tier, a supplier, a
grantee, and an investigator or detailee.
(b) In General.--The Administrator may provide liability
insurance for, or indemnification to, the developer of an
experimental aerospace vehicle developed or used in execution
of an agreement between the Administration and the developer.
(c) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
section, the insurance and indemnification provided by the
Administration under subsection (b) to a developer shall be
provided on the same terms and conditions as insurance and
indemnification is provided by the Administration under
section 20138 of this title to the user of a space vehicle.
(2) Insurance.--
(A) In general.--A developer shall obtain liability
insurance or demonstrate financial responsibility in amounts
to compensate for the maximum probable loss from claims by--
(i) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with the development or use of an experimental
aerospace vehicle; and
(ii) the United States Government for damage or loss to
Government property resulting from such an activity.
(B) Maximum required.--The Administrator shall determine
the amount of insurance required, but, except as provided in
subparagraph (C), that amount shall not be greater than the
amount required under section 50914(a)(3) of this title for a
launch. The Administrator shall publish notice of the
Administrator's determination and the applicable amount or
amounts in the Federal Register within 10 days after making
the determination.
(C) Increase in dollar amounts.--The Administrator may
increase the dollar amounts set forth in section
50914(a)(3)(A) of this title for the purpose of applying that
section under this section to a developer after consultation
with the Comptroller General and such experts and consultants
as may be appropriate, and after publishing notice of the
increase in the Federal Register not less than 180 days
before the increase goes into effect. The Administrator shall
make available for public inspection, not later than the date
of publication of such notice, a complete record of any
correspondence received by the Administration, and a
transcript of any meetings in which the Administration
participated, regarding the proposed increase.
(D) Safety review required before administrator provides
insurance.--The Administrator may not provide liability
insurance or indemnification under subsection (b) unless the
developer establishes to the satisfaction of the
Administrator that appropriate safety procedures and
practices are being followed in the development of the
experimental aerospace vehicle.
[[Page H73]]
(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
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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.
[[Page H75]]
(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.--
[[Page H76]]
(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
[[Page H77]]
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
[[Page H78]]
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
[[Page H79]]
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;
[[Page H80]]
(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
[[Page H81]]
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--
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(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
[[Page H83]]
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
[[Page H84]]
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
[[Page H85]]
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
[[Page H86]]
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.
[[Page H87]]
(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
[[Page H88]]
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.
[[Page H89]]
(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;
[[Page H90]]
(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.
[[Page H91]]
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;
[[Page H92]]
(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.
[[Page H93]]
(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
[[Page H94]]
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:
[[Page H95]]
(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
[[Page H96]]
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.
[[Page H97]]
(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
[[Page H98]]
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--
[[Page H99]]
(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:
``IX. [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.
``701. [Transferred]
``703. [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:
[[Page H100]]
(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:
``509. Commercial Space Launch Activities................... 50901
``511. Space Transportation Infrastructure Matching Grants.. 51101''.
(8) Deemed references to title 49, united states code.--In
title 49, United States Code, references to ``this title''
are deemed to refer also to chapters 509 and 511 of title 51,
United States Code.
(e) National Aeronautics and Space Administration
Authorization Act of 2005.--Section 304 of the National
Aeronautics and Space Administration Authorization Act of
2005 (42 U.S.C. 16654) is amended as follows:
(1) Subsection (a)(1) is redesignated as subsection (a) and
amended to read as follows:
``(a) Assessment of Certain Missions.--Not later than 60
days after the date of enactment of this Act, the
Administrator shall carry out an assessment under section
30504 of title 51, United States Code, for at least the
following missions: FAST, TIMED, Cluster, Wind, Geotail,
Polar, TRACE, Ulysses, and Voyager.''.
(2) Subsection (b) is amended by striking ``subsection
(a)(1)'' and substituting ``subsection (a)''.
SEC. 5. TRANSITIONAL AND SAVINGS PROVISIONS.
(a) Definitions.--In this section:
(1) Source provision.--The term ``source provision'' means
a provision of law that is replaced by a title 51 provision.
(2) Title 51 provision.--The term ``title 51 provision''
means a provision of title 51, United States Code, that is
enacted by section 3.
(b) Cutoff Date.--The title 51 provisions replace certain
provisions of law enacted on or before July 1, 2009. If a law
enacted after that date amends or repeals a source provision,
that law is deemed to amend or repeal, as the case may be,
the corresponding title 51 provision. If a law enacted after
that date is otherwise inconsistent with a title 51 provision
or a provision of this Act, that law supersedes the title 51
provision or provision of this Act to the extent of the
inconsistency.
(c) Original Date of Enactment Unchanged.--For purposes of
determining whether one provision of law supersedes another
based on enactment later in time, a title 51 provision is
deemed to have been enacted on the date of enactment of the
corresponding source provision.
(d) References to Title 51 Provisions.--A reference to a
title 51 provision is deemed to refer to the corresponding
source provision.
(e) References to Source Provisions.--A reference to a
source provision, including a reference in a regulation,
order, or other law, is deemed to refer to the corresponding
title 51 provision.
(f) Regulations, Orders, and Other Administrative
Actions.--A regulation, order, or other administrative action
in effect under a source provision continues in effect under
the corresponding title 51 provision.
(g) Actions Taken and Offenses Committed.--An action taken
or an offense committed under a source provision is deemed to
have been taken or committed under the corresponding title 51
provision.
SEC. 6. REPEALS.
The following provisions of law are repealed, except with
respect to rights and duties that matured, penalties that
were incurred, or proceedings that were begun before the date
of enactment of this Act:
Schedule of Laws Repealed
----------------------------------------------------------------------------------------------------------------
Act Section United States Code
----------------------------------------------------------------------------------------------------------------
National Aeronautics and Space Act of 1958 (Public 102 42 U.S.C. 2451
103 42 U.S.C. 2452
201 42 U.S.C. 2471 (prior)
202 42 U.S.C. 2472
[[Page H101]]
203 42 U.S.C. 2473
204 42 U.S.C. 2474
205 42 U.S.C. 2475
206 42 U.S.C. 2476
207 42 U.S.C. 2476a
208 42 U.S.C. 2476b
302 42 U.S.C. 2453
303 42 U.S.C. 2454
304(a) 42 U.S.C. 2455(a)
304(e) 42 U.S.C. 2456
304(f) 42 U.S.C. 2456a
305 42 U.S.C. 2457
306 42 U.S.C. 2458
307 42 U.S.C. 2458a
308 42 U.S.C. 2458b
309 42 U.S.C. 2458c
310 42 U.S.C. 2459
311 42 U.S.C. 2459b
312 42 U.S.C. 2459c
313 42 U.S.C. 2459f
314 42 U.S.C. 2459f-1
315 42 U.S.C. 2459j
316 42 U.S.C. 2459k
317 42 U.S.C. 2459l
401 42 U.S.C. 2481
402 42 U.S.C. 2482
403 42 U.S.C. 2483
404 42 U.S.C. 2484
Act of June 15, 1959 (Public Law 86-45)........... 4 42 U.S.C. 2460
National Aeronautics and Space Administration 6 42 U.S.C. 2477
Authorization Act, 1968 (Public Law 90-67).......
Joint Resolution of September 29, 1969 (Public Law 1, 2 42 U.S.C. 2461
91-76)...........................................
National Aeronautics and Space Administration 6 42 U.S.C. 2463
Authorization Act, 1978 (Public Law 95-76).......
National Aeronautics and Space Administration 106(a) 42 U.S.C. 2464
Authorization Act, 1983 (Public Law 97-324)......
National Aeronautics and Space Administration 201 42 U.S.C. 2466
Authorization Act of 1986 (Public Law 99-170)....
202 42 U.S.C. 2466a
203 42 U.S.C. 2466b
204 42 U.S.C. 2466c
National Space Grant College and Fellowship Act 203 42 U.S.C. 2486a
(Title II of Public Law 100-147).................
204 42 U.S.C. 2486b
205 42 U.S.C. 2486c
206 42 U.S.C. 2486d
207 42 U.S.C. 2486e
208 42 U.S.C. 2486f
209 42 U.S.C. 2486g
210 42 U.S.C. 2486h
211 42 U.S.C. 2486i
213 42 U.S.C. 2486k
214 42 U.S.C. 2486l
Department of Housing and Urban Development-- (par. under heading 42 U.S.C. 2467
Independent Agencies Appropriations Act, 1989 ``Science, Space, and
(Public Law 100-404)............................. Technology Education Trust
Fund'', at 102 Stat. 1028)
Departments of Veterans Affairs and Housing and (pars. under heading ``Small 42 U.S.C. 2473b
Urban Development, and Independent Agencies and Disadvantaged Business'',
Appropriations Act, 1990 (Public Law 101-144).... at 103 Stat. 863)
National Aeronautics and Space Administration 112 42 U.S.C. 2465a
Authorization Act, Fiscal Year 1991 (Public Law
101-611).........................................
115(b) 15 U.S.C. 1535
123 (not previously classified)
203 42 U.S.C. 2465c
206 42 U.S.C. 2465f
Departments of Veterans Affairs and Housing and (1st par. under heading 42 U.S.C. 2459d
Urban Development, and Independent Agencies ``Administrative
Appropriations Act, 1992 (Public Law 102-139).... Provisions'', at 105 Stat.
771)
National Aeronautics and Space Administration 19 42 U.S.C. 2459e
Authorization Act, Fiscal Year 1992 (Public Law
102-195).........................................
20 42 U.S.C. 2467a
21(a) 42 U.S.C. 2473c(a)
21(c) 42 U.S.C. 2473c(c)
21(d) 42 U.S.C. 2473c(d)
21(e) 42 U.S.C. 2473c(e)
21(f) 42 U.S.C. 2473c(f)
21(g) 42 U.S.C. 2473c(g)
21(h) 42 U.S.C. 2473c(h)
Land Remote Sensing Policy Act of 1992 (Public Law 3 15 U.S.C. 5602
102-555).........................................
101 15 U.S.C. 5611
[[Page H102]]
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
[[Page H103]]
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
[[Page H104]]
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)
----------------------------------------------------------------------------------------------------------------
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Cohen) and the gentleman from Texas (Mr. Smith) each
will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. COHEN. I ask unanimous consent that all Members have 5
legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. COHEN. I yield myself such time as I may consume.
H.R. 3237 codifies into positive law as title 51, United States Code,
the laws related to national and commercial space programs. It was
jointly introduced by Judiciary Committee Chairman John Conyers from
the great State of Michigan and Ranking Member Lamar Smith from the
great State of Texas, where many of these space programs are located.
It was prepared by the Office of Law Revision Counsel as part of its
functions under 2 U.S.C. 285(b), which it performs in coordination with
our committee.
This bill is not intended to make any substantive changes in the law.
As is typical with the codification process, a number of nonsubstantive
revisions are made, including the reorganization of sections into a
more coherent overall structure, but these changes are not intended to
have any substantive effect. The bill has been subject to extensive
public review in the previous two Congresses, including by relevant
congressional committees, agencies, practitioners, academic experts and
whoever else is left. The current bill is substantially identical to
the bill Chairman Conyers and Ranking Member Smith introduced 2 years
ago, with a few additional technical clarifications suggested by
interested parties.
I urge my colleagues to support this legislation, and I reserve the
balance of my time.
Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may
consume.
I support H.R. 3237, a bill proposed by the Office of Law Revision
Counsel to enact title 51 of the U.S. Code, as positive law. The
Judiciary Committee has jurisdiction over law revision bills, and this
particular bill creates a new title to address national and commercial
space programs.
Many laws have been enacted over the years dealing with national and
commercial space programs. However, there is no distinct title in the
U.S. Code to consolidate these laws. This is because the U.S. Code was
established in 1926, long before space programs were ever contemplated.
This bill would put all of these laws into one title within the Code.
H.R. 3237 and similar law revision bills are important because they
ensure that the U.S. Code is up to date and accurate, without making
substantive changes to the law. I am happy to support this legislation
today.
I yield back the balance of my time.
Mr. COHEN. Madam Speaker, at this point I ask everybody to vote
unanimously in support of H.R. 3237 and pass it, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Cohen) that the House suspend the rules
and pass the bill, H.R. 3237.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________