[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

[[Page H68]]

    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.

[[Page H69]]

     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).

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       (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

[[Page H74]]

     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--

[[Page H82]]

       (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.

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       (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.

                          ____________________