    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-314
    111th Congress

    An Act

    To enact certain laws relating to national and commercial space programs
    as title 51, United States Code, ``National and Commercial Space
    Programs''. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

    Sec. 1.  Table of contents.
    Sec. 2.  Purpose; conformity with original intent.
    Sec. 3.  Enactment of title 51, United States Code.
    Sec. 4.  Conforming amendments to other laws.
    Sec. 5.  Transitional and savings provisions.
    Sec. 6.  Repeals.

    SEC. 2. PURPOSE; <> CONFORMITY WITH
    ORIGINAL INTENT.

    (a) Purpose.--The purpose of this Act is to codify certain existing
    laws related to national and commercial space programs as a positive law
    title of the United States Code.
    (b) Conformity With Original Intent.--In the codification of laws by
    this Act, the intent is to conform to the understood policy, intent, and
    purpose of Congress in the original enactments, with such amendments and
    corrections as will remove ambiguities, contradictions, and other
    imperfections, in accordance with section 205(c)(1) of House Resolution
    No. 988, 93d Congress, as enacted into law by Public Law 93-554 (2
    U.S.C. 285b(1)).

    SEC. 3. <> ENACTMENT OF TITLE 51, UNITED
    STATES CODE.

    Title 51, United States Code, ``National and Commercial Space
    Programs'', is enacted as follows:

    TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS

    Subtitle I--General

    Chap.                                                               Sec.
    Definitions                                            10101

    Subtitle II--General Program and Policy Provisions

    National Aeronautics and Space Program                 20101
    Responsibilities and Vision                            20301

    [[Page 3329]]

    Subtitle III--Administrative Provisions

    Appropriations, Budgets, and Accounting                30101
    Contracting and Procurement                            30301
    Management and Review                                  30501
    International Cooperation and Competition              30701
    Awards                                                 30901
    Safety                                                 31101
    Healthcare                                             31301
    Miscellaneous                                          31501

    Subtitle IV--Aeronautics and Space Research and Education

    Aeronautics                                            40101
    National Space Grant College and Fellowship Program    40301
    Biomedical Research in Space                           40501
    Environmentally Friendly Aircraft                      40701
    Miscellaneous                                          40901

    Subtitle V--Programs Targeting Commercial Opportunities

    Space Commerce                                         50101
    Commercial Reusable In-Space Transportation            50301
    Commercial Space Competitiveness                       50501
    Office of Space Commercialization                      50701

    Subtitle VI--Earth Observations

    Land Remote Sensing Policy                             60101
    Remote Sensing                                         60301
    Earth Science                                          60501

    Subtitle VII--Access to Space

    Use of Space Shuttle or Alternatives                   70101
    Shuttle Pricing Policy for Commercial and Foreign      70301
    Users
    Exploration Initiatives                                70501
    Human Space Flight Independent Investigation           70701
    Commission
    International Space Station                            70901
    Near-Earth Objects                                     71101
    Cooperation for Safety Among Spacefaring Nations       71301

    Subtitle I--General

    CHAPTER 101--DEFINITIONS

    Sec.
    10101.  Definitions.

    Sec. 10101. Definitions

    In this title:
    (1) Administration.--The term ``Administration'' means the
    National Aeronautics and Space Administration.
    (2) Administrator.--The term ``Administrator'' means the
    Administrator of the National Aeronautics and Space
    Administration.

    [[Page 3330]]

    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

    [[Page 3331]]

    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

    [[Page 3332]]

    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

    [[Page 3333]]

    Senate. The Deputy Administrator shall perform such duties and exercise
    such powers as the Administrator may prescribe. The Deputy Administrator
    shall act for, and exercise the powers of, the Administrator during the
    Administrator's absence or disability.
    (c) Restriction on Other Business or Employment.--The Administrator
    and the Deputy Administrator shall not engage in any other business,
    vocation, or employment while serving as such.

    Sec. 20112. Functions of the Administration

    (a) Planning, Directing, and Conducting Aeronautical and Space
    Activities.--The Administration, in order to carry out the purpose of
    this chapter, shall--
    (1) plan, direct, and conduct aeronautical and space
    activities;
    (2) arrange for participation by the scientific community in
    planning scientific measurements and observations to be made
    through use of aeronautical and space vehicles, and conduct or
    arrange for the conduct of such measurements and observations;
    (3) provide for the widest practicable and appropriate
    dissemination of information concerning its activities and the
    results thereof;
    (4) seek and encourage, to the maximum extent possible, the
    fullest commercial use of space; and
    (5) encourage and provide for Federal Government use of
    commercially provided space services and hardware, consistent
    with the requirements of the Federal Government.

    (b) Research and Development in Certain Technologies.--
    (1) Ground propulsion technologies.--The Administration shall,
    to the extent of appropriated funds, initiate, support, and
    carry out such research, development, demonstration, and other
    related activities in ground propulsion technologies as are
    provided for in sections 4 to 10 of the Electric and Hybrid
    Vehicle Research, Development, and Demonstration Act of 1976 (15
    U.S.C. 2503 to 2509).
    (2) Solar heating and cooling technologies.--The
    Administration shall initiate, support, and carry out such
    research, development, demonstrations, and other related
    activities in solar heating and cooling technologies (to the
    extent that funds are appropriated therefor) as are provided for
    in sections 5, 6, and 9 of the Solar Heating and Cooling
    Demonstration Act of 1974 (42 U.S.C. 5503, 5504, 5507).

    Sec. 20113. Powers of the Administration in performance of functions

    (a) Rules and Regulations.--In the performance of its functions, the
    Administration is authorized to make, promulgate, issue, rescind, and
    amend rules and regulations governing the manner of its operations and
    the exercise of the powers vested in it by law.
    (b) Officers and Employees.--In the performance of its functions, the
    Administration is authorized to appoint and fix the compensation of
    officers and employees as may be necessary to carry out such functions.
    The officers and employees shall be appointed in accordance with the
    civil service laws and their compensation fixed in accordance with
    chapter 51 and subchapter III of chapter 53 of title 5, except that--

    [[Page 3334]]

    (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

    [[Page 3335]]

    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).

    [[Page 3336]]

    (2) Public notice and due consideration of proposals.--A
    concession agreement under this subsection may be negotiated
    with any qualified proposer following due consideration of all
    proposals received after reasonable public notice of the
    intention to contract.
    (3) Reasonable opportunity for profit.--The concessioner shall
    be afforded a reasonable opportunity to make a profit
    commensurate with the capital invested and the obligations
    assumed. The consideration paid by the concessioner for the
    concession shall be based on the probable value of the
    opportunity and not on maximizing revenue to the United States.
    (4) Records and access to records.--Each concession agreement
    shall specify the manner in which the concessioner's records are
    to be maintained, and shall provide for access to the records by
    the Administration and the Comptroller General of the United
    States for a period of 5 years after the close of the business
    year to which the records relate.
    (5) Possessory interests.--A concessioner may be accorded a
    possessory interest, consisting of all incidents of ownership
    except legal title (which shall vest in the United States), in
    any structure, fixture, or improvement the concessioner
    constructs or locates upon land owned by the United States. With
    the approval of the Administration, such possessory interest may
    be assigned, transferred, encumbered, or relinquished by the
    concessioner, and, unless otherwise provided by contract, shall
    not be extinguished by the expiration or other termination of
    the concession and may not be taken for public use without just
    compensation.

    (l) Detailing Members of Armed Services.--In the performance of its
    functions, the Administration is authorized, with the approval of the
    President, to enter into cooperative agreements under which members of
    the Army, Navy, Air Force, and Marine Corps may be detailed by the
    appropriate Secretary for services in the performance of functions under
    this chapter to the same extent as that to which they might be lawfully
    assigned in the Department of Defense.
    (m) Claims Against the United States.--In the performance of its
    functions, the Administration is authorized--
    (1) to consider, ascertain, adjust, determine, settle, and
    pay, on behalf of the United States, in full satisfaction
    thereof, any claim for $25,000 or less against the United States
    for bodily injury, death, or damage to or loss of real or
    personal property resulting from the conduct of the
    Administration's functions as specified in section 20112(a) of
    this title, where such claim is presented to the Administration
    in writing within 2 years after the accident or incident out of
    which the claim arises; and
    (2) if the Administration considers that a claim in excess of
    $25,000 is meritorious and would otherwise be covered by this
    subsection, to report the facts and circumstances to Congress
    for its consideration.

    Sec. 20114. Administration and Department of Defense coordination

    (a) Advise and Consult.--The Administration and the Department of
    Defense, through the President, shall advise and consult with each other
    on all matters within their respective jurisdictions

    [[Page 3337]]

    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

    [[Page 3338]]

    (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

    [[Page 3339]]

    property owned by the United States, and located at facilities
    owned by or contracted to the United States, to carry firearms
    while in the conduct of their official duties.

    Sec. 20134. Arrest authority

    Under regulations prescribed by the Administrator and approved by the
    Attorney General, employees of the Administration and of its contractors
    and subcontractors authorized to carry firearms under section 20133 of
    this title may arrest without warrant for any offense against the United
    States committed in their presence, or for any felony cognizable under
    the laws of the United States if they have reasonable grounds to believe
    that the person to be arrested has committed or is committing such
    felony. Persons granted authority to make arrests by this section may
    exercise that authority only while guarding and protecting property
    owned or leased by, or under the control of, the United States under the
    administration and control of the Administration or one of its
    contractors or subcontractors, at facilities owned by or contracted to
    the Administration.

    Sec. 20135. Property rights in inventions

    (a) Definitions.--In this section:
    (1) Contract.--The term ``contract'' means any actual or
    proposed contract, agreement, understanding, or other
    arrangement, and includes any assignment, substitution of
    parties, or subcontract executed or entered into thereunder.
    (2) Made.--The term ``made'', when used in relation to any
    invention, means the conception or first actual reduction to
    practice of such invention.
    (3) Person.--The term ``person'' means any individual,
    partnership, corporation, association, institution, or other
    entity.

    (b) Exclusive Property of United States.--
    (1) In general.--An invention shall be the exclusive property
    of the United States if it is made in the performance of any
    work under any contract of the Administration, and the
    Administrator determines that--
    (A) the person who made the invention was employed or
    assigned to perform research, development, or
    exploration work and the invention is related to the
    work the person was employed or assigned to perform, or
    was within the scope of the person's employment duties,
    whether or not it was made during working hours, or with
    a contribution by the Government of the use of
    Government facilities, equipment, materials, allocated
    funds, information proprietary to the Government, or
    services of Government employees during working hours;
    or
    (B) the person who made the invention was not employed
    or assigned to perform research, development, or
    exploration work, but the invention is nevertheless
    related to the contract, or to the work or duties the
    person was employed or assigned to perform, and was made
    during working hours, or with a contribution from the
    Government of the sort referred to in subparagraph (A).
    (2) Patent to united states.--If an invention is the exclusive
    property of the United States under paragraph (1), and if such
    invention is patentable, a patent therefor shall be issued

    [[Page 3340]]

    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,

    [[Page 3341]]

    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

    [[Page 3342]]

    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.

    [[Page 3343]]

    Sec. 20137. Malpractice and negligence suits against United States

    (a) Exclusive Remedy.--The remedy against the United States provided
    by sections 1346(b) and 2672 of title 28, for damages for personal
    injury, including death, caused by the negligent or wrongful act or
    omission of any physician, dentist, nurse, pharmacist, or paramedical or
    other supporting personnel (including medical and dental technicians,
    nursing assistants, and therapists) of the Administration in the
    performance of medical, dental, or related health care functions
    (including clinical studies and investigations) while acting within the
    scope of such person's duties or employment therein or therefor shall be
    exclusive of any other civil action or proceeding by reason of the same
    subject matter against such person (or the estate of such person) whose
    act or omission gave rise to the action or proceeding.
    (b) Attorney General To Defend any Civil Action or Proceeding for
    Malpractice or Negligence.--The Attorney General shall defend any civil
    action or proceeding brought in any court against any person referred to
    in subsection (a) (or the estate of such person) for any such injury.
    Any such person against whom such civil action or proceeding is brought
    shall deliver within such time after date of service or knowledge of
    service as determined by the Attorney General, all process served upon
    such person or an attested true copy thereof to such person's immediate
    superior or to whomever was designated by the Administrator to receive
    such papers. Such person shall promptly furnish copies of the pleading
    and process therein to the United States Attorney for the district
    embracing the place wherein the proceeding is brought, to the Attorney
    General, and to the Administrator.
    (c) Removal of Actions.--Upon a certification by the Attorney General
    that any person described in subsection (a) was acting in the scope of
    such person's duties or employment at the time of the incident out of
    which the suit arose, any such civil action or proceeding commenced in a
    State court shall be removed without bond at any time before trial by
    the Attorney General to the district court of the United States of the
    district and division embracing the place wherein it is pending and the
    proceeding deemed a tort action brought against the United States under
    the provisions of title 28, and all references thereto. Should a
    district court of the United States determine, on a hearing on a motion
    to remand held before a trial on the merits, that the case so removed is
    one in which a remedy by suit within the meaning of subsection (a) is
    not available against the United States, the case shall be remanded to
    the State court.
    (d) Compromise or Settlement of Claims.--The Attorney General may
    compromise or settle any claim asserted in such civil action or
    proceeding in the manner provided in section 2677 of title 28, and with
    the same effect.
    (e) Applicability of Other Provisions of Law.--For purposes of this
    section, the provisions of section 2680(h) of title 28 shall not apply
    to any cause of action arising out of a negligent or wrongful act or
    omission in the performance of medical, dental, or related health care
    functions (including clinical studies and investigations).
    (f) Liability Insurance for Persons Assigned to Foreign Countries or
    Non-Federal Agencies.--The Administrator or the Administrator's designee
    may, to the extent that the Administrator

    [[Page 3344]]

    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

    [[Page 3345]]

    (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

    [[Page 3346]]

    (ii) the United States Government for damage or
    loss to Government property resulting from such an
    activity.
    (B) Maximum required.--The Administrator shall
    determine the amount of insurance required, but, except
    as provided in subparagraph (C), that amount shall not
    be greater than the amount required under section
    50914(a)(3) of this title for a launch. The
    Administrator shall publish notice of the
    Administrator's determination and the applicable amount
    or amounts in the Federal Register within 10 days after
    making the determination.
    (C) Increase in dollar amounts.--The Administrator may
    increase the dollar amounts set forth in section
    50914(a)(3)(A) of this title for the purpose of applying
    that section under this section to a developer after
    consultation with the Comptroller General and such
    experts and consultants as may be appropriate, and after
    publishing notice of the increase in the Federal
    Register not less than 180 days before the increase goes
    into effect. The Administrator shall make available for
    public inspection, not later than the date of
    publication of such notice, a complete record of any
    correspondence received by the Administration, and a
    transcript of any meetings in which the Administration
    participated, regarding the proposed increase.
    (D) Safety review required before administrator
    provides insurance.--The Administrator may not provide
    liability insurance or indemnification under subsection
    (b) unless the developer establishes to the satisfaction
    of the Administrator that appropriate safety procedures
    and practices are being followed in the development of
    the experimental aerospace vehicle.
    (3) No indemnification without cross-waiver.--Notwithstanding
    subsection (b), the Administrator may not indemnify a developer
    of an experimental aerospace vehicle under this section unless
    there is an agreement between the Administration and the
    developer described in subsection (d).
    (4) Application of certain procedures.--If the Administrator
    requests additional appropriations to make payments under this
    section, like the payments that may be made under section
    20138(c) of this title, then the request for those
    appropriations shall be made in accordance with the procedures
    established by subsections (d) and (e) of section 50915 of this
    title.

    (d) Cross-Waivers.--
    (1) Administrator authorized to waive.--The Administrator, on
    behalf of the United States, and its departments, agencies, and
    instrumentalities, may reciprocally waive claims with a
    developer or cooperating party and with the related entities of
    that developer or cooperating party under which each party to
    the waiver agrees to be responsible, and agrees to ensure that
    its own related entities are responsible, for damage or loss to
    its property for which it is responsible, or for losses
    resulting from any injury or death sustained by its own
    employees or agents, as a result of activities connected to the
    agreement or use of the experimental aerospace vehicle.
    (2) Limitations.--

    [[Page 3347]]

    (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,

    [[Page 3348]]

    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

    [[Page 3349]]

    make under such contract to amounts provided in advance in appropriation
    Acts. Such contracts may be limited to sources within the United States
    when the Administrator determines that such limitation is in the public
    interest.
    (b) Termination if Funds Not Available.--If funds are not available to
    continue any such contract, the contract shall be terminated for the
    convenience of the Government, and the costs of such contract shall be
    paid from appropriations originally available for performance of the
    contract, from other unobligated appropriations currently available for
    the procurement of launch services, or from funds appropriated for such
    payments.

    Sec. 20143. Full cost appropriations account structure

    (a) Accounts for Appropriations.--
    (1) Designation of 3 accounts.--Appropriations for the
    Administration shall be made in 3 accounts, ``Science,
    Aeronautics, and Education'', ``Exploration Systems and Space
    Operations'', and an account for amounts appropriated for the
    necessary expenses of the Office of the Inspector General.
    (2) Reprogramming.--Within the Exploration Systems and Space
    Operations account, no more than 10 percent of the funds for a
    fiscal year for Exploration Systems may be reprogrammed for
    Space Operations, and no more than 10 percent of the funds for a
    fiscal year for Space Operations may be reprogrammed for
    Exploration Systems. This paragraph shall not apply to
    reprogramming for the purposes described in subsection (b)(2).
    (3) Availability.--Appropriations shall remain available for 2
    fiscal years, unless otherwise specified in law. Each account
    shall include the planned full costs of Administration
    activities.

    (b) Transfers Among Accounts.--
    (1) In general.--To ensure the safe, timely, and successful
    accomplishment of Administration missions, the Administration
    may transfer among accounts as necessary, amounts for--
    (A) Federal salaries and benefits;
    (B) training, travel, and awards;
    (C) facility and related costs;
    (D) information technology services;
    (E) publishing services;
    (F) science, engineering, fabricating, and testing
    services; and
    (G) other administrative services.
    (2) Disaster, act of terrorism, emergency rescue.--The
    Administration may also transfer amounts among accounts for the
    immediate costs of recovering from damage caused by a major
    disaster (as defined in section 102 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122))
    or by an act of terrorism, or for the immediate costs associated
    with an emergency rescue of astronauts.

    (c) Transfer of Unexpired Balances.--The unexpired balances of prior
    appropriations to the Administration for activities authorized under
    this chapter may be transferred to the new account established for such
    activity in subsection (a). Balances so transferred may be merged with
    funds in the newly established account and thereafter may be accounted
    for as one fund under the same terms and conditions.

    [[Page 3350]]

    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

    [[Page 3351]]

    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.

    [[Page 3352]]

    (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

    [[Page 3353]]

    respective center or facility subject to the
    concurrence of the Administrator.
    (C) No utilization for daily operating costs.--Amounts
    utilized under subparagraph (B) may not be utilized for
    daily operating costs.

    (c) Additional Terms and Conditions.--The Administrator may require
    such terms and conditions in connection with a lease under this section
    as the Administrator considers appropriate to protect the interests of
    the United States.
    (d) Relationship to Other Lease Authority.--The authority under this
    section to lease property of the Administration is in addition to any
    other authority to lease property of the Administration under law.
    (e) Lease Restrictions.--
    (1) No lease back or other contract.--The Administration is
    not authorized to lease back property under this section during
    the term of the out-lease or enter into other contracts with the
    lessee respecting the property.
    (2) Certification that out-lease will not have negative impact
    on mission.--The Administration is not authorized to enter into
    an out-lease under this section unless the Administrator
    certifies that the out-lease will not have a negative impact on
    the mission of the Administration.

    (f) Reporting Requirements.--The Administrator shall submit an annual
    report by January 31st of each year. The report shall include the
    following:
    (1) Value of arrangements and expenditures of revenues.--
    Information that identifies and quantifies the value of the
    arrangements and expenditures of revenues received under this
    section.
    (2) Availability and use of funds for operating plan.--The
    availability and use of funds received under this section for
    the Administration's operating plan.

    (g) Sunset.--The authority to enter into leases under this section
    shall expire 10 years after December 26, 2007. The expiration under this
    subsection of authority to enter into leases under this section shall
    not affect the validity or term of leases or the Administration's
    retention of proceeds from leases entered into under this section before
    the expiration of the authority.

    Sec. 20146. Retrocession of jurisdiction

    (a) Definition of State.--In this section, the term ``State'' means
    any of the several States, the District of Columbia, the Commonwealth of
    Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the
    Northern Mariana Islands, and any other commonwealth, territory, or
    possession of the United States.
    (b) Relinquishing Legislative Jurisdiction.--Notwithstanding any other
    provision of law, the Administrator may relinquish to a State all or
    part of the legislative jurisdiction of the United States over lands or
    interests under the control of the Administrator in that State.

    Sec. 20147. Recovery and disposition authority

    (a) Definitions.--In this section:
    (1) Administration human space flight vehicle.--The term
    ``Administration human space flight vehicle'' means a space
    vehicle, as defined in section 20138(a) of this title, that--

    [[Page 3354]]

    (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;

    [[Page 3355]]

    (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;

    [[Page 3356]]

    (C) using commercially available products (including
    software) and services to the extent practicable to
    support all Administration activities; and
    (D) encouraging commercial use and development of
    space to the greatest extent practicable; and
    (3) involve other nations to the extent appropriate.

    Sec. 20302. Vision for space exploration

    (a) In General.--The Administrator shall establish a program to
    develop a sustained human presence on the Moon, including a robust
    precursor program, to promote exploration, science, commerce, and United
    States preeminence in space, and as a stepping-stone to future
    exploration of Mars and other destinations. The Administrator is further
    authorized to develop and conduct appropriate international
    collaborations in pursuit of these goals.
    (b) Milestones.--The Administrator shall manage human space flight
    programs to strive to achieve the following milestones (in conformity
    with section 70502 of this title):
    (1) Returning Americans to the Moon no later than 2020.
    (2) Launching the Crew Exploration Vehicle as close to 2010 as
    possible.
    (3) Increasing knowledge of the impacts of long duration stays
    in space on the human body using the most appropriate facilities
    available, including the International Space Station.
    (4) Enabling humans to land on and return from Mars and other
    destinations on a timetable that is technically and fiscally
    possible.

    Sec. 20303. Contribution to innovation

    (a) Participation in Interagency Activities.--The Administration shall
    be a full participant in any interagency effort to promote innovation
    and economic competitiveness through near-term and long-term basic
    scientific research and development and the promotion of science,
    technology, engineering, and mathematics education, consistent with the
    Administration's mission, including authorized activities.
    (b) Historic Foundation.--In order to carry out the participation
    described in subsection (a), the Administrator shall build on the
    historic role of the Administration in stimulating excellence in the
    advancement of physical science and engineering disciplines and in
    providing opportunities and incentives for the pursuit of academic
    studies in science, technology, engineering, and mathematics.
    (c) Balanced Science Program and Robust Authorization Levels.--The
    balanced science program authorized by section 101(d) of the National
    Aeronautics and Space Administration Authorization Act of 2005 (42
    U.S.C. 16611(d)) shall be an element of the contribution by the
    Administration to the interagency programs.
    (d) Annual Report.--
    (1) Requirement.--The Administrator shall submit to Congress
    and the President an annual report describing the activities
    conducted pursuant to this section, including a description of
    the goals and the objective metrics upon which funding decisions
    were made.
    (2) Content.--Each report submitted pursuant to paragraph (1)
    shall include, with regard to science, technology,

    [[Page 3357]]

    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.--

    [[Page 3358]]

    (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.

    [[Page 3359]]

    (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.

    [[Page 3360]]

    (C) The number of civil service full time equivalent
    positions per center for each identified fiscal year.
    (D) The number of civil service full time equivalent
    positions considered to be uncovered capacity at each
    location for each identified fiscal year.
    (5) The proposed budget as designated by object class for each
    directorate, theme, and program.
    (6) Sufficient narrative shall be provided to explain the
    request for each program, project, and activity, and an
    explanation for any deviation to previously adopted baselines
    for all justification materials provided to the Committees.

    (d) Estimate of Gross Receipts and Proposed Use of Funds Related to
    Lease of Property.--Each annual budget request shall include an annual
    estimate of gross receipts and collections and proposed use of all funds
    collected pursuant to section 20145 of this title.

    Sec. 30104. Baselines and cost controls

    (a) Definitions.--In this section:
    (1) Development.--The term ``development'' means the phase of
    a program following the formulation phase and beginning with the
    approval to proceed to implementation, as defined in the
    Administration's Procedural Requirements 7120.5c, dated March
    22, 2005.
    (2) Development cost.--The term ``development cost'' means the
    total of all costs, including construction of facilities and
    civil servant costs, from the period beginning with the approval
    to proceed to implementation through the achievement of
    operational readiness, without regard to funding source or
    management control, for the life of the program.
    (3) Life-cycle cost.--The term ``life-cycle cost'' means the
    total of the direct, indirect, recurring, and nonrecurring
    costs, including the construction of facilities and civil
    servant costs, and other related expenses incurred or estimated
    to be incurred in the design, development, verification,
    production, operation, maintenance, support, and retirement of a
    program over its planned lifespan, without regard to funding
    source or management control.
    (4) Major program.--The term ``major program'' means an
    activity approved to proceed to implementation that has an
    estimated life-cycle cost of more than $250,000,000.

    (b) Conditions for Development.--
    (1) In general.--The Administration shall not enter into a
    contract for the development of a major program unless the
    Administrator determines that--
    (A) the technical, cost, and schedule risks of the
    program are clearly identified and the program has
    developed a plan to manage those risks;
    (B) the technologies required for the program have
    been demonstrated in a relevant laboratory or test
    environment; and
    (C) the program complies with all relevant policies,
    regulations, and directives of the Administration.
    (2) Report.--The Administrator shall transmit a report
    describing the basis for the determination required under
    paragraph (1) to the Committee on Science and Technology of the
    House of Representatives and the Committee on Commerce,

    [[Page 3361]]

    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).

    [[Page 3362]]

    (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

    [[Page 3363]]

    has subsequently authorized continuation of the program by law. An
    appropriation for the specific program enacted subsequent to a report
    being transmitted shall be considered an authorization for purposes of
    this subsection. If the program is continued, the Administrator shall
    submit a new Baseline Report for the program no later than 90 days after
    the date of enactment of the Act under which Congress has authorized
    continuation of the program.

    CHAPTER 303--CONTRACTING AND PROCUREMENT

    Sec.
    30301.  Guaranteed customer base.
    30302.  Quality assurance personnel.
    30303.  Tracking and data relay satellite services.
    30304.  Award of contracts to small businesses and disadvantaged
    individuals.
    30305.  Outreach program.
    30306.  Small business contracting.
    30307.  Requirement for independent cost analysis.
    30308.  Cost effectiveness calculations.
    30309.  Use of abandoned and underutilized buildings, grounds, and
    facilities.
    30310.  Exception to alternative fuel procurement requirement.

    Sec. 30301. Guaranteed customer base

    No amount appropriated to the Administration may be used to fund
    grants, contracts, or other agreements with an expected duration of more
    than one year, when a primary effect of the grant, contract, or
    agreement is to provide a guaranteed customer base for or establish an
    anchor tenancy in new commercial space hardware or services unless an
    appropriations Act specifies the new commercial space hardware or
    services to be developed or used, or the grant, contract, or agreement
    is otherwise identified in such Act.

    Sec. 30302. Quality assurance personnel

    (a) Exclusion of Administration Personnel.--A person providing
    articles to the Administration under a contract entered into after
    December 9, 1991, may not exclude Administration quality assurance
    personnel from work sites except as provided in a contract provision
    that has been submitted to Congress as provided in subsection (b).
    (b) Contract Provisions.--The Administration shall not enter into any
    contract which permits the exclusion of Administration quality assurance
    personnel from work sites unless the Administrator has submitted a copy
    of the provision permitting such exclusion to Congress at least 60 days
    before entering into the contract.

    Sec. 30303. Tracking and data relay satellite services

    (a) Contracts.--The Administration is authorized, when so provided in
    an appropriation Act, to enter into and to maintain a contract for
    tracking and data relay satellite services. Such services shall be
    furnished to the Administration in accordance with applicable
    authorization and appropriations Acts. The Government shall incur no
    costs under such contract prior to the furnishing of such services
    except that the contract may provide for the payment for contingent
    liability of the Government which may accrue in the event the Government
    should decide for its convenience to terminate the contract before the
    end of the period of the contract. Facilities which may be required in
    the performance of the contract may be constructed on Government-owned
    lands if there is included

    [[Page 3364]]

    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

    [[Page 3365]]

    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

    [[Page 3366]]

    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

    [[Page 3367]]

    fuel that is not an alternative or synthetic fuel or predominantly
    produced from a nonconventional petroleum source, if--
    (1) the contract does not specifically require the contractor
    to provide an alternative or synthetic fuel or fuel from a
    nonconventional petroleum source;
    (2) the purpose of the contract is not to obtain an
    alternative or synthetic fuel or fuel from a nonconventional
    petroleum source; and
    (3) the contract does not provide incentives for a refinery
    upgrade or expansion to allow a refinery to use or increase its
    use of fuel from a nonconventional petroleum source.

    CHAPTER 305--MANAGEMENT AND REVIEW

    Sec.
    30501.  Lessons learned and best practices.
    30502.  Whistleblower protection.
    30503.  Performance assessments.
    30504.  Assessment of science mission extensions.

    Sec. 30501. Lessons learned and best practices

    (a) In General.--The Administrator shall transmit to the Committee on
    Science and Technology of the House of Representatives and the Committee
    on Commerce, Science, and Transportation of the Senate an implementation
    plan describing the Administration's approach for obtaining,
    implementing, and sharing lessons learned and best practices for its
    major programs and projects not later than 180 days after December 30,
    2005. The implementation plan shall be updated and maintained to ensure
    that it is current and consistent with the burgeoning culture of
    learning and safety that is emerging at the Administration.
    (b) Required Content.--The implementation plan shall contain at a
    minimum the lessons learned and best practices requirements for the
    Administration, the organizations or positions responsible for
    enforcement of the requirements, the reporting structure, and the
    objective performance measures indicating the effectiveness of the
    activity.
    (c) Incentives.--The Administrator shall provide incentives to
    encourage sharing and implementation of lessons learned and best
    practices by employees, projects, and programs, as well as penalties for
    programs and projects that are determined not to have demonstrated use
    of those resources.

    Sec. 30502. Whistleblower protection

    (a) In General.--Not later than 1 year after December 30, 2005, the
    Administrator shall transmit to the Committee on Science and Technology
    of the House of Representatives and the Committee on Commerce, Science,
    and Transportation of the Senate a plan describing steps to be taken by
    the Administration to protect from retaliation Administration employees
    who raise concerns about substantial and specific dangers to public
    health and safety or about substantial and specific factors that could
    threaten the success of a mission. The plan shall be designed to ensure
    that Administration employees have the full protection required by law.
    The Administrator shall implement the plan not more than 1 year after
    its transmittal.

    [[Page 3368]]

    (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

    [[Page 3369]]

    (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).

    [[Page 3370]]

    (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 3371]]

    (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,

    [[Page 3372]]

    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.

    [[Page 3373]]

    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.

    [[Page 3374]]

    Sec. 31102. Drug and alcohol testing

    (a) Definition of Controlled Substance.--In this section, the term
    ``controlled substance'' means any substance under section 102(6) of the
    Controlled Substances Act (21 U.S.C. 802(6)) specified by the
    Administrator.
    (b) Testing Program.--
    (1) Employees of administration.--The Administrator shall
    establish a program applicable to employees of the
    Administration whose duties include responsibility for safety-
    sensitive, security, or national security functions. Such
    program shall provide for preemployment, reasonable suspicion,
    random, and post-accident testing for use, in violation of
    applicable law or Federal regulation, of alcohol or a controlled
    substance. The Administrator may also prescribe regulations, as
    the Administrator considers appropriate in the interest of
    safety, security, and national security, for the conduct of
    periodic recurring testing of such employees for such use in
    violation of applicable law or Federal regulation.
    (2) Employees of contractors.--The Administrator shall, in the
    interest of safety, security, and national security, prescribe
    regulations. Such regulations shall establish a program that
    requires Administration contractors to conduct preemployment,
    reasonable suspicion, random, and post-accident testing of
    contractor employees responsible for safety-sensitive, security,
    or national security functions (as determined by the
    Administrator) for use, in violation of applicable law or
    Federal regulation, of alcohol or a controlled substance. The
    Administrator may also prescribe regulations, as the
    Administrator considers appropriate in the interest of safety,
    security, and national security, for the conduct of periodic
    recurring testing of such employees for such use in violation of
    applicable law or Federal regulation.
    (3) Suspension, disqualification, or dismissal.--In
    prescribing regulations under the programs required by this
    subsection, the Administrator shall require, as the
    Administrator considers appropriate, the suspension,
    disqualification, or dismissal of any employee to which
    paragraph (1) or (2) applies, in accordance with the provisions
    of this section, in any instance where a test conducted and
    confirmed under this section indicates that such employee has
    used, in violation of applicable law or Federal regulation,
    alcohol or a controlled substance.

    (c) Prohibition on Service.--
    (1) Prohibition unless program of rehabilitation completed.--
    No individual who is determined by the Administrator under this
    section to have used, in violation of applicable law or Federal
    regulation, alcohol or a controlled substance after December 9,
    1991, shall serve as an Administration employee with
    responsibility for safety-sensitive, security, or national
    security functions (as determined by the Administrator), or as
    an Administration contractor employee with such responsibility,
    unless such individual has completed a program of rehabilitation
    described in subsection (d).
    (2) Unconditional prohibition.--Any such individual determined
    by the Administrator under this section to have used, in
    violation of applicable law or Federal regulation, alcohol or a
    controlled substance after December 9, 1991, shall not

    [[Page 3375]]

    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;

    [[Page 3376]]

    (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

    [[Page 3377]]

    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 3378]]

    (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).

    [[Page 3379]]

    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

    [[Page 3380]]

    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

    [[Page 3381]]

    prevention, intervention, and mitigation technologies aimed at causal,
    contributory, or circumstantial factors of aviation accidents.
    (b) Alignment.--Not later than 1 year after December 30, 2005, the
    Administrator shall align the projects of the Aviation Safety and
    Security Research program so that they directly support the objectives
    of the Joint Planning and Development Office's Next Generation Air
    Transportation System Integrated Plan.

    Sec. 40115. Aviation weather research

    The Administrator may carry out a program of collaborative research
    with the National Oceanic and Atmospheric Administration on convective
    weather events, with the goal of significantly improving the reliability
    of 2-hour to 6-hour aviation weather forecasts.

    Sec. 40116. University-based Centers for Research on Aviation Training

    (a) In General.--The Administrator shall award grants to institutions
    of higher education (or consortia thereof) to establish one or more
    Centers for Research on Aviation Training under cooperative agreements
    with appropriate Administration Centers.
    (b) Purpose.--The purpose of the Centers for Research on Aviation
    Training shall be to investigate the impact of new technologies and
    procedures, particularly those related to the aircraft flight deck and
    to the air traffic management functions, on training requirements for
    pilots and air traffic controllers.
    (c) Application.--An institution of higher education (or a consortium
    of such institutions) seeking funding under this section shall submit an
    application to the Administrator at such time, in such manner, and
    containing such information as the Administrator may require, including,
    at a minimum, a 5-year research plan.
    (d) Award Duration.--An award made by the Administrator under this
    section shall be for a period of 5 years and may be renewed on the basis
    of--
    (1) satisfactory performance in meeting the goals of the
    research plan proposed in the application submitted under
    subsection (c); and
    (2) other requirements as specified by the Administrator.

    SUBCHAPTER III--SCHOLARSHIPS

    Sec. 40131. Aeronautics scholarships

    (a) Establishment.--The Administrator shall establish a program of
    scholarships for full-time graduate students who are United States
    citizens and are enrolled in, or have been accepted by and have
    indicated their intention to enroll in, accredited Masters degree
    programs in aeronautical engineering or equivalent programs at
    institutions of higher education. Each such scholarship shall cover the
    costs of room, board, tuition, and fees, and may be provided for a
    maximum of 2 years.
    (b) Implementation.--Not later than 180 days after December 30, 2005,
    the Administrator shall publish regulations governing the scholarship
    program under this section.
    (c) Cooperative Training Opportunities.--Students who have been
    awarded a scholarship under this section shall have the opportunity for
    paid employment at one of the Administration Centers engaged in
    aeronautics research and development during the

    [[Page 3382]]

    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.

    [[Page 3383]]

    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

    [[Page 3384]]

    the national space grant college and fellowship program. The national
    space grant college and fellowship program shall consist of the
    financial assistance and other activities provided for in this chapter.
    The Administrator shall establish long-range planning guidelines and
    priorities, and adequately evaluate the program.
    (b) Functions.--Within the Administration, the program shall--
    (1) apply the long-range planning guidelines and the
    priorities established by the Administrator under subsection
    (a);
    (2) advise the Administrator with respect to the expertise and
    capabilities which are available through the national space
    grant college and fellowship program, and make such expertise
    available to the Administration as directed by the
    Administrator;
    (3) evaluate activities conducted under grants and contracts
    awarded pursuant to sections 40304 and 40305 of this title to
    ensure that the purposes set forth in section 40301 of this
    title are implemented;
    (4) encourage other Federal departments, agencies, and
    instrumentalities to use and take advantage of the expertise and
    capabilities which are available through the national space
    grant college and fellowship program, on a cooperative or other
    basis;
    (5) encourage cooperation and coordination with other Federal
    programs concerned with the development of space resources and
    fields related to space;
    (6) advise the Administrator on the designation of recipients
    supported by the national space grant college and fellowship
    program and, in appropriate cases, on the termination or
    suspension of any such designation; and
    (7) encourage the formation and growth of space grant and
    fellowship programs.

    (c) General Authorities.--To carry out the provisions of this chapter,
    the Administrator may--
    (1) accept conditional or unconditional gifts or donations of
    services, money, or property, real, personal or mixed, tangible
    or intangible;
    (2) accept and use funds from other Federal departments,
    agencies, and instrumentalities to pay for fellowships, grants,
    contracts, and other transactions; and
    (3) issue such rules and regulations as may be necessary and
    appropriate.

    Sec. 40304. Grants or contracts

    (a) Authority of Administrator.--The Administrator may make grants and
    enter into contracts or other transactions under this subsection to
    assist any space grant and fellowship program or project if the
    Administrator finds that the program or project will carry out the
    purposes set forth in section 40301 of this title. The total amount paid
    pursuant to a grant or contract may equal not more than 66 percent of
    the total cost of the space grant and fellowship program or project
    involved, except in the case of grants or contracts paid for with funds
    accepted by the Administrator pursuant to section 40303(c)(2) of this
    title.
    (b) Special Grants.--The Administrator may make special grants under
    this subsection to carry out the purposes set forth in section 40301 of
    this title. The amount of a special grant may equal up to 100 percent of
    the total cost of the project involved.

    [[Page 3385]]

    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.

    [[Page 3386]]

    (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).

    [[Page 3387]]

    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

    [[Page 3388]]

    utilization of space resources. The Administrator shall consider
    the potential conflict of interest of any individual in making
    appointments to the panel.
    (2) Chairman and vice chairman.--The Administrator shall
    select one voting member to serve as the Chairman and another
    voting member to serve as the Vice Chairman. The Vice Chairman
    shall act as Chairman in the absence or incapacity of the
    Chairman.
    (3) Reimbursement for expenses.--Voting members of the panel
    who are not Federal employees shall be reimbursed for actual and
    reasonable expenses incurred in the performance of such duties.
    (4) Meetings.--The panel shall meet on a biannual basis and,
    at any other time, at the call of the Chairman or upon the
    request of a majority of the voting members or of the
    Administrator.
    (5) Powers.--The panel may exercise such powers as are
    reasonably necessary in order to carry out the duties enumerated
    in subsection (b).

    Sec. 40309. Availability of other Federal personnel and data

    Each department, agency, or other instrumentality of the Federal
    Government that is engaged in or concerned with, or that has authority
    over, matters relating to space--
    (1) may, upon a written request from the Administrator, make
    available, on a reimbursable basis or otherwise, any personnel
    (with their consent and without prejudice to their position and
    rating), service, or facility which the Administrator considers
    necessary to carry out any provision of this chapter;
    (2) may, upon a written request from the Administrator,
    furnish any available data or other information which the
    Administrator considers necessary to carry out any provision of
    this chapter; and
    (3) may cooperate with the Administration.

    Sec. 40310. Designation or award to be on competitive basis

    The Administrator shall not under this chapter designate any space
    grant college or space grant regional consortium or award any
    fellowship, grant, or contract unless such designation or award is made
    in accordance with the competitive, merit-based review process employed
    by the Administration on October 30, 1987.

    Sec. 40311. Continuing emphasis

    The Administration shall continue its emphasis on the importance of
    education to expand opportunities for Americans to understand and
    participate in the Administration's aeronautics and space projects by
    supporting and enhancing science and engineering education, research,
    and public outreach efforts.

    CHAPTER 405--BIOMEDICAL RESEARCH IN SPACE

    Sec.
    40501.  Biomedical research joint working group.
    40502.  Biomedical research grants.
    40503.  Biomedical research fellowships.
    40504.  Establishment of electronic data archive.
    40505.  Establishment of emergency medical service telemedicine
    capability.

    [[Page 3389]]

    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

    [[Page 3390]]

    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.

    [[Page 3391]]

    Sec. 40704. Research program on perceived impact of sonic booms

    (a) Establishment.--The Administrator shall establish a cooperative
    research program with industry, including the conduct of flight
    demonstrations in a relevant environment, to collect data on the
    perceived impact of sonic booms. The data could enable the promulgation
    of appropriate standards for overland commercial supersonic flight
    operations.
    (b) Coordination.--The Administrator shall ensure that sonic boom
    research is coordinated as appropriate with the Administrator of the
    Federal Aviation Administration, and as appropriate make use of the
    expertise of the Partnership for Air Transportation Noise and Emissions
    Reduction Center of Excellence sponsored by the Administration and the
    Federal Aviation Administration.

    CHAPTER 409--MISCELLANEOUS

    Sec.
    40901.  Science, Space, and Technology Education Trust Fund.
    40902.  National Aeronautics and Space Administration Endeavor Teacher
    Fellowship Trust Fund.
    40903.  Experimental Program to Stimulate Competitive Research--merit
    grant competition requirements.
    40904.  Microgravity research.
    40905.  Program to expand distance learning in rural underserved areas.
    40906.  Equal access to the Administration's education programs.
    40907.  Museums.
    40908.  Continuation of certain education programs.
    40909.  Compliance with title IX of Education Amendments of 1972.

    Sec. 40901. Science, Space, and Technology Education Trust Fund

    There is appropriated, by transfer from funds appropriated in the
    Department of Housing and Urban Development--Independent Agencies
    Appropriations Act, 1989 (Public Law 100-404, 102 Stat. 1014), for
    ``Construction of facilities'', the sum of $15,000,000 to the ``Science,
    Space, and Technology Education Trust Fund'', which is hereby
    established in the Treasury of the United States. The Secretary of the
    Treasury shall invest these funds in the United States Treasury special
    issue securities, and interest shall be credited to the Trust Fund on a
    quarterly basis. Such interest shall be available for the purpose of
    making grants for programs directed at improving science, space, and
    technology education in the United States. The Administrator, after
    consultation with the Director of the National Science Foundation, shall
    review applications made for such grants and determine the distribution
    of available funds on a competitive basis. Grants shall be made
    available to any awardee only to the extent that the awardee provides
    matching funds from non-Federal sources to carry out the program for
    which grants from this Trust Fund are made. Of the funds made available
    by this Trust Fund, $250,000 shall be disbursed each calendar quarter to
    the Challenger Center for Space Science Education. The Administrator
    shall submit to Congress an annual report on the grants made pursuant to
    this section.

    Sec. 40902. National Aeronautics and Space Administration Endeavor
    Teacher Fellowship Trust Fund

    (a) Establishment.--There is established in the Treasury of the United
    States, in tribute to the dedicated crew of the Space

    [[Page 3392]]

    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

    [[Page 3393]]

    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

    [[Page 3394]]

    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:

    [[Page 3395]]

    (1) Commercial provider.--The term ``commercial provider''
    means any person providing space transportation services or
    other space-related activities, primary control of which is held
    by persons other than Federal, State, local, and foreign
    governments.
    (2) Payload.--The term ``payload'' means anything that a
    person undertakes to transport to, from, or within outer space,
    or in suborbital trajectory, by means of a space transportation
    vehicle, but does not include the space transportation vehicle
    itself except for its components which are specifically designed
    or adapted for that payload.
    (3) Space-related activities.--The term ``space-related
    activities'' includes research and development, manufacturing,
    processing, service, and other associated and support
    activities.
    (4) Space transportation services.--The term ``space
    transportation services'' means the preparation of a space
    transportation vehicle and its payloads for transportation to,
    from, or within outer space, or in suborbital trajectory, and
    the conduct of transporting a payload to, from, or within outer
    space, or in suborbital trajectory.
    (5) Space transportation vehicle.--The term ``space
    transportation vehicle'' means any vehicle constructed for the
    purpose of operating in, or transporting a payload to, from, or
    within, outer space, or in suborbital trajectory, and includes
    any component of such vehicle not specifically designed or
    adapted for a payload.
    (6) State.--The term ``State'' means each of the several
    States of the Union, the District of Columbia, the Commonwealth
    of Puerto Rico, the Virgin Islands, Guam, American Samoa, the
    Commonwealth of the Northern Mariana Islands, and any other
    commonwealth, territory, or possession of the United States.
    (7) United states commercial provider.--The term ``United
    States commercial provider'' means a commercial provider,
    organized under the laws of the United States or of a State,
    that is--
    (A) more than 50 percent owned by United States
    nationals; or
    (B) a subsidiary of a foreign company and the
    Secretary of Transportation finds that--
    (i) such subsidiary has in the past evidenced a
    substantial commitment to the United States market
    through--
    (I) investments in the United States
    in long-term research, development, and
    manufacturing (including the manufacture
    of major components and subassemblies);
    and
    (II) significant contributions to
    employment in the United States; and
    (ii) the country or countries in which such
    foreign company is incorporated or organized, and,
    if appropriate, in which it principally conducts
    its business, affords reciprocal treatment to
    companies described in subparagraph (A) comparable
    to that afforded to such foreign company's
    subsidiary in the United States, as evidenced by--

    [[Page 3396]]

    (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.

    [[Page 3397]]

    (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--

    [[Page 3398]]

    (1) the elemental and mineralogical resources of the moon,
    asteroids, planets and their moons, and comets;
    (2) microgravity acceleration; and
    (3) solar storm monitoring.

    (b) Acquisition From Commercial Providers.--The Administrator shall,
    to the extent possible and while satisfying the scientific or
    educational requirements of the Administration, and where appropriate,
    of other Federal agencies and scientific researchers, acquire, where
    cost effective, space science data from a commercial provider.
    (c) Treatment of Space Science Data as Commercial Item Under
    Acquisition Laws.--Acquisitions of space science data by the
    Administrator shall be carried out in accordance with applicable
    acquisition laws and regulations (including chapters 137 and 140 of
    title 10). For purposes of such law and regulations, space science data
    shall be considered to be a commercial item. Nothing in this subsection
    shall be construed to preclude the United States from acquiring, through
    contracts with commercial providers, sufficient rights in data to meet
    the needs of the scientific and educational community or the needs of
    other government activities.
    (d) Safety Standards.--Nothing in this section shall be construed to
    prohibit the Federal Government from requiring compliance with
    applicable safety standards.
    (e) Limitation.--This section does not authorize the Administration to
    provide financial assistance for the development of commercial systems
    for the collection of space science data.

    Sec. 50114. Administration of commercial space centers

    The Administrator shall administer the Commercial Space Center program
    in a coordinated manner from Administration headquarters in Washington,
    D.C.

    Sec. 50115. Sources of Earth science data

    (a) Acquisition.--The Administrator shall, to the extent possible and
    while satisfying the scientific or educational requirements of the
    Administration, and where appropriate, of other Federal agencies and
    scientific researchers, acquire, where cost-effective, space-based and
    airborne Earth remote sensing data, services, distribution, and
    applications from a commercial provider.
    (b) Treatment as Commercial Item Under Acquisition Laws.--Acquisitions
    by the Administrator of the data, services, distribution, and
    applications referred to in subsection (a) shall be carried out in
    accordance with applicable acquisition laws and regulations (including
    chapters 137 and 140 of title 10). For purposes of such law and
    regulations, such data, services, distribution, and applications shall
    be considered to be a commercial item. Nothing in this subsection shall
    be construed to preclude the United States from acquiring, through
    contracts with commercial providers, sufficient rights in data to meet
    the needs of the scientific and educational community or the needs of
    other government activities.
    (c) Safety Standards.--Nothing in this section shall be construed to
    prohibit the Federal Government from requiring compliance with
    applicable safety standards.
    (d) Administration and Execution.--This section shall be carried out
    as part of the Commercial Remote Sensing Program at the Stennis Space
    Center.

    [[Page 3399]]

    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,

    [[Page 3400]]

    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

    [[Page 3401]]

    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,

    [[Page 3402]]

    including in-space transportation vehicles and support space
    systems, and ground administration and control facilities and
    associated equipment, necessary for the provision of in-space
    transportation services.
    (4) In-space transportation vehicle.--The term ``in-space
    transportation vehicle'' means a vehicle designed--
    (A) to be based and operated in space;
    (B) to transport various payloads or objects from one
    orbit to another orbit; and
    (C) to be reusable and refueled in space.
    (5) Secretary.--The term ``Secretary'' means the Secretary of
    Defense.
    (6) United states commercial provider.--The term ``United
    States commercial provider'' means any commercial provider
    organized under the laws of the United States that is more than
    50 percent owned by United States nationals.

    Sec. 50302. Loan guarantees for production of commercial reusable in-
    space transportation

    (a) Authority To Make Loan Guarantees.--The Secretary may guarantee
    loans made to eligible United States commercial providers for purposes
    of producing commercial reusable in-space transportation services or
    systems.
    (b) Eligible United States Commercial Providers.--The Secretary shall
    prescribe requirements for the eligibility of United States commercial
    providers for loan guarantees under this section. Such requirements
    shall ensure that eligible providers are financially capable of
    undertaking a loan guaranteed under this section.
    (c) Limitation on Loans Guaranteed.--The Secretary may not guarantee a
    loan for a United States commercial provider under this section unless
    the Secretary determines that credit would not otherwise be reasonably
    available at the time of the guarantee for the commercial reusable in-
    space transportation service or system to be produced utilizing the
    proceeds of the loan.
    (d) Credit Subsidy.--
    (1) Collection required.--The Secretary shall collect from
    each United States commercial provider receiving a loan
    guarantee under this section an amount equal to the amount, as
    determined by the Secretary, to cover the cost, as defined in
    section 502(5) of the Federal Credit Reform Act of 1990 (2
    U.S.C. 661a(5)), of the loan guarantee.
    (2) Periodic disbursements.--In the case of a loan guarantee
    in which proceeds of the loan are disbursed over time, the
    Secretary shall collect the amount required under this
    subsection on a pro rata basis, as determined by the Secretary,
    at the time of each disbursement.

    (e) Other Terms and Conditions.--
    (1) Prohibition on subordination.--A loan guaranteed under
    this section may not be subordinated to another debt contracted
    by the United States commercial provider concerned, or to any
    other claims against such provider.
    (2) Restriction on income.--A loan guaranteed under this
    section may not--
    (A) provide income which is excluded from gross income
    for purposes of chapter 1 of the Internal Revenue Code
    of 1986 (26 U.S.C. 1 et seq.); or

    [[Page 3403]]

    (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.

    [[Page 3404]]

    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

    [[Page 3405]]

    space to a space recovery site, including operations and
    control, communications, flight safety functions, and payload
    processing.
    (12) Space transportation infrastructure.--The term ``space
    transportation infrastructure'' means facilities, associated
    equipment, and real property (including launch sites, launch
    support facilities, space recovery sites, and space recovery
    support facilities) required to perform launch or space recovery
    activities.
    (13) State.--The term ``State'' means the several States, the
    District of Columbia, Puerto Rico, American Samoa, the United
    States Virgin Islands, Guam, the Northern Mariana Islands, and
    any other commonwealth, territory, or possession of the United
    States.
    (14) United states.--The term ``United States'' means the
    States, collectively.

    Sec. 50502. Launch voucher demonstration program

    (a) Requirement To Establish Program.--The Administrator shall
    establish a demonstration program to award vouchers for the payment of
    commercial launch services and payload integration services for the
    purpose of launching payloads funded by the Administration.
    (b) Award of Vouchers.--The Administrator shall award vouchers under
    subsection (a) to appropriate individuals as a part of grants
    administered by the Administration for the launch of--
    (1) payloads to be placed in suborbital trajectories; and
    (2) small payloads to be placed in orbit.

    (c) Assistance.--The Administrator may provide voucher award
    recipients with such assistance (including contract formulation and
    technical support during the proposal evaluation) as may be necessary to
    ensure the purchase of cost effective and reasonably reliable commercial
    launch services and payload integration services.

    Sec. 50503. Anchor tenancy and termination liability

    (a) Anchor Tenancy Contracts.--Subject to appropriations, the
    Administrator or the Administrator of the National Oceanic and
    Atmospheric Administration may enter into multiyear anchor tenancy
    contracts for the purchase of a good or service if the appropriate
    Administrator determines that--
    (1) the good or service meets the mission requirements of the
    Administration or the National Oceanic and Atmospheric
    Administration, as appropriate;
    (2) the commercially procured good or service is cost
    effective;
    (3) the good or service is procured through a competitive
    process;
    (4) existing or potential customers for the good or service
    other than the United States Government have been specifically
    identified;
    (5) the long-term viability of the venture is not dependent
    upon a continued Government market or other nonreimbursable
    Government support; and
    (6) private capital is at risk in the venture.

    (b) Termination Liability.--
    (1) In general.--Contracts entered into under subsection (a)
    may provide for the payment of termination liability in

    [[Page 3406]]

    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

    [[Page 3407]]

    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.

    [[Page 3408]]

    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

    [[Page 3409]]

    CHAPTER 601--LAND REMOTE SENSING POLICY

    SUBCHAPTER I--GENERAL

    Sec.
    60101.  Definitions.

    SUBCHAPTER II--LANDSAT

    60111.  Landsat Program Management.
    60112.  Transfer of Landsat 6 program responsibilities.
    60113.  Data policy for Landsat 7.

    SUBCHAPTER III--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

    60121.  General licensing authority.
    60122.  Conditions for operation.
    60123.  Administrative authority of Secretary.
    60124.  Regulatory authority of Secretary.
    60125.  Agency activities.

    SUBCHAPTER IV--RESEARCH, DEVELOPMENT, AND DEMONSTRATION

    60131.  Continued Federal research and development.
    60132.  Availability of federally gathered unenhanced data.
    60133.  Technology demonstration program.
    60134.  Preference for private sector land remote sensing system.

    SUBCHAPTER V--GENERAL PROVISIONS

    60141.  Nondiscriminatory data availability.
    60142.  Archiving of data.
    60143.  Nonreproduction.
    60144.  Reimbursement for assistance.
    60145.  Acquisition of equipment.
    60146.  Radio frequency allocation.
    60147.  Consultation.
    60148.  Enforcement.

    SUBCHAPTER VI--PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES

    60161.  Prohibition.
    60162.  Future considerations.

    SUBCHAPTER I--GENERAL

    Sec. 60101. Definitions

    In this chapter:
    (1) Cost of fulfilling user requests.--The term ``cost of
    fulfilling user requests'' means the incremental costs
    associated with providing product generation, reproduction, and
    distribution of unenhanced data in response to user requests and
    shall not include any acquisition, amortization, or depreciation
    of capital assets originally paid for by the United States
    Government or other costs not specifically attributable to
    fulfilling user requests.
    (2) Data continuity.--The term ``data continuity'' means the
    continued acquisition and availability of unenhanced data which
    are, from the point of view of the user--
    (A) sufficiently consistent (in terms of acquisition
    geometry, coverage characteristics, and spectral
    characteristics) with previous Landsat data to allow
    comparisons for global and regional change detection and
    characterization; and
    (B) compatible with such data and with methods used to
    receive and process such data.
    (3) Data preprocessing.--The term ``data preprocessing''--
    (A) may include--

    [[Page 3410]]

    (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

    [[Page 3411]]

    (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

    [[Page 3412]]

    (4) provide for a technology demonstration program whose
    objective shall be the demonstration of advanced land remote
    sensing technologies that may potentially yield a system which
    is less expensive to build and operate, and more responsive to
    data users, than is the current Landsat system.

    (c) Responsibilities.--The Landsat Program Management shall be
    responsible for--
    (1) Landsat 7 procurement, launch, and operations;
    (2) ensuring that the operation of the Landsat system is
    responsive to the broad interests of the civilian, national
    security, commercial, and foreign users of the Landsat system;
    (3) ensuring that all unenhanced Landsat data remain
    unclassified and that, except as provided in subsections (a) and
    (b) of section 60146 of this title, no restrictions are placed
    on the availability of unenhanced data;
    (4) ensuring that land remote sensing data of high priority
    locations will be acquired by the Landsat 7 system as required
    to meet the needs of the United States Global Change Research
    Program, as established in the Global Change Research Act of
    1990 (15 U.S.C. 2921 et seq.), and to meet the needs of national
    security users;
    (5) Landsat data responsibilities pursuant to this chapter;
    (6) oversight of Landsat contracts entered into under sections
    102 and 103 of the Land Remote Sensing Policy Act of 1992
    (Public Law 102-555, 106 Stat. 4168);
    (7) coordination of a technology demonstration program
    pursuant to section 60133 of this title; and
    (8) ensuring that copies of data acquired by the Landsat
    system are provided to the National Satellite Land Remote
    Sensing Data Archive.

    (d) Authority To Contract.--The Landsat Program Management may,
    subject to appropriations and only under the existing contract authority
    of the United States Government agencies that compose the Landsat
    Program Management, enter into contracts with the private sector for
    services such as satellite operations and data preprocessing.
    (e) Landsat Advisory Process.--
    (1) Advice and comments.--The Landsat Program Management shall
    seek impartial advice and comments regarding the status,
    effectiveness, and operation of the Landsat system, using
    existing advisory committees and other appropriate mechanisms.
    Such advice shall be sought from individuals who represent--
    (A) a broad range of perspectives on basic and applied
    science and operational needs with respect to land
    remote sensing data;
    (B) the full spectrum of users of Landsat data,
    including representatives from United States Government
    agencies, State and local government agencies, academic
    institutions, nonprofit organizations, value-added
    companies, the agricultural, mineral extraction, and
    other user industries, and the public; and
    (C) a broad diversity of age groups, sexes, and races.
    (2) Reports.--The Landsat Program Management shall prepare and
    submit biennially a report to Congress which--
    (A) reports the public comments received pursuant to
    paragraph (1); and

    [[Page 3413]]

    (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.

    [[Page 3414]]

    (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

    [[Page 3415]]

    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;

    [[Page 3416]]

    (3) provide penalties for noncompliance with the requirements
    of licenses or regulations issued under this subchapter,
    including civil penalties not to exceed $10,000 (each day of
    operation in violation of such licenses or regulations
    constituting a separate violation);
    (4) compromise, modify, or remit any such civil penalty;
    (5) issue subpoenas for any materials, documents, or records,
    or for the attendance and testimony of witnesses for the purpose
    of conducting a hearing under this section;
    (6) seize any object, record, or report pursuant to a warrant
    from a magistrate based on a showing of probable cause to
    believe that such object, record, or report was used, is being
    used, or is likely to be used in violation of this chapter or
    the requirements of a license or regulation issued thereunder;
    and
    (7) make investigations and inquiries and administer to or
    take from any person an oath, affirmation, or affidavit
    concerning any matter relating to the enforcement of this
    chapter.

    (b) Review of Agency Action.--Any applicant or licensee that makes a
    timely request for review of an adverse action pursuant to paragraph
    (1), (3), (5), or (6) of subsection (a) shall be entitled to
    adjudication by the Secretary on the record after an opportunity for any
    agency hearing with respect to such adverse action. Any final action by
    the Secretary under this subsection shall be subject to judicial review
    under chapter 7 of title 5.

    Sec. 60124. Regulatory authority of Secretary

    The Secretary may issue regulations to carry out this subchapter. Such
    regulations shall be promulgated only after public notice and comment in
    accordance with the provisions of section 553 of title 5.

    Sec. 60125. Agency activities

    (a) License Application and Issuance.--A private sector party may
    apply for a license to operate a private remote sensing space system
    which utilizes, on a space-available basis, a civilian United States
    Government satellite or vehicle as a platform for such system. The
    Secretary, pursuant to this subchapter, may license such system if it
    meets all conditions of this subchapter and--
    (1) the system operator agrees to reimburse the Government in
    a timely manner for all related costs incurred with respect to
    such utilization, including a reasonable and proportionate share
    of fixed, platform, data transmission, and launch costs; and
    (2) such utilization would not interfere with or otherwise
    compromise intended civilian Government missions, as determined
    by the agency responsible for such civilian platform.

    (b) Assistance.--The Secretary may offer assistance to private sector
    parties in finding appropriate opportunities for such utilization.
    (c) Agreements.--To the extent provided in advance by appropriation
    Acts, any United States Government agency may enter into agreements for
    such utilization if such agreements are consistent with such agency's
    mission and statutory authority, and if such remote sensing space system
    is licensed by the Secretary before commencing operation.

    [[Page 3417]]

    (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

    [[Page 3418]]

    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

    [[Page 3419]]

    (3) to incorporate system enhancements, including any such
    enhancements developed under the technology demonstration
    program under section 60133 of this title, which may potentially
    yield a system that is less expensive to build and operate, and
    more responsive to data users, than is the Landsat system
    otherwise projected to be in operation in the future.

    SUBCHAPTER V--GENERAL PROVISIONS

    Sec. 60141. Nondiscriminatory data availability

    (a) In General.--Except as provided in subsection (b), any unenhanced
    data generated by the Landsat system or any other land remote sensing
    system funded and owned by the United States Government shall be made
    available to all users without preference, bias, or any other special
    arrangement (except on the basis of national security concerns pursuant
    to section 60146 of this title) regarding delivery, format, pricing, or
    technical considerations which would favor one customer or class of
    customers over another.
    (b) Exceptions.--Unenhanced data generated by the Landsat system or
    any other land remote sensing system funded and owned by the United
    States Government may be made available to the United States Government
    and its affiliated users at reduced prices, in accordance with this
    chapter, on the condition that such unenhanced data are used solely for
    noncommercial purposes.

    Sec. 60142. Archiving of data

    (a) Public Interest.--It is in the public interest for the United
    States Government to--
    (1) maintain an archive of land remote sensing data for
    historical, scientific, and technical purposes, including long-
    term global environmental monitoring;
    (2) control the content and scope of the archive; and
    (3) ensure the quality, integrity, and continuity of the
    archive.

    (b) Archiving Practices.--The Secretary of the Interior, in
    consultation with the Landsat Program Management, shall provide for
    long-term storage, maintenance, and upgrading of a basic, global, land
    remote sensing data set (hereafter in this section referred to as the
    ``basic data set'') and shall follow reasonable archival practices to
    ensure proper storage and preservation of the basic data set and timely
    access for parties requesting data.
    (c) Determination of Content of Basic Data Set.--In determining the
    initial content of, or in upgrading, the basic data set, the Secretary
    of the Interior shall--
    (1) use as a baseline the data archived on October 28, 1992;
    (2) take into account future technical and scientific
    developments and needs, paying particular attention to the
    anticipated data requirements of global environmental change
    research;
    (3) consult with and seek the advice of users and producers of
    remote sensing data and data products;
    (4) consider the need for data which may be duplicative in
    terms of geographical coverage but which differ in terms of
    season, spectral bands, resolution, or other relevant factors;
    (5) include, as the Secretary of the Interior considers
    appropriate, unenhanced data generated either by the Landsat
    system, pursuant to subchapter II, or by licensees under
    subchapter III;

    [[Page 3420]]

    (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

    [[Page 3421]]

    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

    [[Page 3422]]

    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.

    [[Page 3423]]

    60303.  Pilot projects to encourage public sector applications.
    60304.  Program evaluation.
    60305.  Data availability.
    60306.  Education.

    Sec. 60301. Definitions

    In this chapter:
    (1) Geospatial information.--The term ``geospatial
    information'' means knowledge of the nature and distribution of
    physical and cultural features on the landscape based on
    analysis of data from airborne or spaceborne platforms or other
    types and sources of data.
    (2) High resolution.--The term ``high resolution'' means
    resolution better than five meters.
    (3) Institution of higher education.--The term ``institution
    of higher education'' has the meaning given the term in section
    101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

    Sec. 60302. General responsibilities

    The Administrator shall--
    (1) develop a sustained relationship with the United States
    commercial remote sensing industry and, consistent with
    applicable policies and law, to the maximum practicable, rely on
    their services; and
    (2) in conjunction with United States industry and
    universities, research, develop, and demonstrate prototype Earth
    science applications to enhance Federal, State, local, and
    tribal governments' use of government and commercial remote
    sensing data, technologies, and other sources of geospatial
    information for improved decision support to address their
    needs.

    Sec. 60303. Pilot projects to encourage public sector applications

    (a) In General.--The Administrator shall establish a program of grants
    for competitively awarded pilot projects to explore the integrated use
    of sources of remote sensing and other geospatial information to address
    State, local, regional, and tribal agency needs.
    (b) Preferred Projects.--In awarding grants under this section, the
    Administrator shall give preference to projects that--
    (1) make use of commercial data sets, including high
    resolution commercial satellite imagery and derived satellite
    data products, existing public data sets where commercial data
    sets are not available or applicable, or the fusion of such data
    sets;
    (2) integrate multiple sources of geospatial information, such
    as geographic information system data, satellite-provided
    positioning data, and remotely sensed data, in innovative ways;
    (3) include funds or in-kind contributions from non-Federal
    sources;
    (4) involve the participation of commercial entities that
    process raw or lightly processed data, often merging that data
    with other geospatial information, to create data products that
    have significant value added to the original data; and
    (5) taken together demonstrate as diverse a set of public
    sector applications as possible.

    [[Page 3424]]

    (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.

    [[Page 3425]]

    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

    [[Page 3426]]

    are related to the study of tornadoes and other severe storms, tornado-
    force winds, and other factors determined to influence the development
    of tornadoes and other severe storms, with the goal of improving the
    Nation's ability to predict tornados and other severe storms. Further,
    the Administrator shall examine whether there are additional cooperative
    activities with the National Oceanic and Atmospheric Administration that
    should be undertaken in the area of tornado and severe storm research.

    Sec. 60505. Coordination with the National Oceanic and Atmospheric
    Administration

    (a) Joint Working Group.--The Administrator and the Administrator of
    the National Oceanic and Atmospheric Administration shall appoint a
    Joint Working Group, which shall review and monitor missions of the two
    agencies to ensure maximum coordination in the design, operation, and
    transition of missions where appropriate. The Joint Working Group shall
    also prepare the plans required by subsection (c).
    (b) Coordination Report.--Not later than February 15 of each year, the
    Administrator and the Administrator of the National Oceanic and
    Atmospheric Administration shall jointly transmit a report to the
    Committee on Science and Technology of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate on
    how the Earth science programs of the Administration and the National
    Oceanic and Atmospheric Administration will be coordinated during the
    fiscal year following the fiscal year in which the report is
    transmitted.
    (c) Coordination of Transition Planning and Reporting.--The
    Administrator, in conjunction with the Administrator of the National
    Oceanic and Atmospheric Administration and in consultation with other
    relevant agencies, shall evaluate relevant Administration science
    missions for their potential operational capabilities and shall prepare
    transition plans for the existing and future Earth observing systems
    found to have potential operational capabilities.
    (d) Limitation.--The Administrator shall not transfer any
    Administration Earth science mission or Earth observing system to the
    National Oceanic and Atmospheric Administration until the plan required
    under subsection (c) has been approved by the Administrator and the
    Administrator of the National Oceanic and Atmospheric Administration and
    until financial resources have been identified to support the transition
    or transfer in the President's budget request for the National Oceanic
    and Atmospheric Administration.

    Sec. 60506. Sharing of climate related data

    The Administrator shall work to ensure that the Administration's
    policies on the sharing of climate related data respond to the
    recommendations of the Government Accountability Office's report on
    climate change research and data-sharing policies and to the
    recommendations on the processing, distribution, and archiving of data
    by the National Academies Earth Science Decadal Survey, ``Earth Science
    and Applications from Space'', and other relevant National Academies
    reports, to enhance and facilitate their availability and widest
    possible use to ensure public access to accurate and current data on
    global warming.

    [[Page 3427]]

    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

    [[Page 3428]]

    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.

    [[Page 3429]]

    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),

    [[Page 3430]]

    or provide no-cost flights, for any commercial or foreign user of the
    Space Transportation System that is involved in research, development,
    or demonstration programs with the Administration.
    (e) Customer Incentives.--Notwithstanding the provisions of subsection
    (a), the Administrator shall have the authority to offer reasonable
    customer incentives consistent with the policy goals in section 70302 of
    this title.

    CHAPTER 705--EXPLORATION INITIATIVES

    Sec.
    70501.  Space shuttle follow-on.
    70502.  Exploration plan and programs.
    70503.  Ground-based analog capabilities.
    70504.  Stepping stone approach to exploration.
    70505.  Lunar outpost.
    70506.  Exploration technology research.
    70507.  Technology development.
    70508.  Robotic or human servicing of spacecraft.

    Sec. 70501. Space shuttle follow-on

    (a) Policy Statement.--It is the policy of the United States to
    possess the capability for human access to space on a continuous basis.
    (b) Annual Report.--The Administrator shall transmit an annual report
    to the Committee on Science and Technology of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate describing the progress being made toward
    developing the Crew Exploration Vehicle and the Crew Launch Vehicle and
    the estimated time before they will demonstrate crewed, orbital
    spaceflight.

    Sec. 70502. Exploration plan and programs

    The Administrator shall--
    (1) construct an architecture and implementation plan for the
    Administration's human exploration program that is not
    critically dependent on the achievement of milestones by fixed
    dates;
    (2) implement an exploration technology development program to
    enable lunar human and robotic operations consistent with
    section 20302(b) of this title, including surface power to use
    on the Moon and other locations;
    (3) conduct an in-situ resource utilization technology program
    to develop the capability to use space resources to increase
    independence from Earth, and sustain exploration beyond low-
    Earth orbit; and
    (4) pursue aggressively automated rendezvous and docking
    capabilities that can support the International Space Station
    and other mission requirements.

    Sec. 70503. Ground-based analog capabilities

    (a) In General.--The Administrator may establish a ground-based analog
    capability in remote United States locations in order to assist in the
    development of lunar operations, life support, and in-situ resource
    utilization experience and capabilities.
    (b) Environmental Characteristics.--The Administrator shall select
    locations for the activities described in subsection (a) that--
    (1) are regularly accessible;

    [[Page 3431]]

    (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.

    [[Page 3432]]

    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

    [[Page 3433]]

    Commission to be important, whether or not they are related to
    the specific incident under investigation.
    (6) Report.--Prepare a report to Congress, the President, and
    the public.

    Sec. 70704. Composition of Commission

    (a) Number of Commissioners.--A Commission established pursuant to
    this chapter shall consist of 15 members.
    (b) Selection.--The members of a Commission shall be chosen in the
    following manner:
    (1) Appointment by president.--The President shall appoint the
    members, and shall designate the Chairman and Vice Chairman of
    the Commission from among its members.
    (2) Lists provided by leaders of congress.--The majority
    leader of the Senate, the minority leader of the Senate, the
    Speaker of the House of Representatives, and the minority leader
    of the House of Representatives shall each provide to the
    President a list of candidates for membership on the Commission.
    The President may select one of the candidates from each of the
    4 lists for membership on the Commission.
    (3) Prohibition regarding federal officers and employees and
    members of congress.--No officer or employee of the Federal
    Government or Member of Congress shall serve as a member of the
    Commission.
    (4) Prohibition regarding contractors.--No member of the
    Commission shall have, or have pending, a contractual
    relationship with the Administration.
    (5) Prohibition regarding conflict of interest.--The President
    shall not appoint any individual as a member of a Commission
    under this section who has a current or former relationship with
    the Administrator that the President determines would constitute
    a conflict of interest.
    (6) Experience.--To the extent practicable, the President
    shall ensure that the members of the Commission include some
    individuals with experience relative to human carrying
    spacecraft, as well as some individuals with investigative
    experience and some individuals with legal experience.
    (7) Diversity.--To the extent practicable, the President shall
    seek diversity in the membership of the Commission.

    (c) Deadline for Appointment.--All members of a Commission established
    under this chapter shall be appointed no later than 30 days after the
    incident.
    (d) Initial Meeting.--A Commission shall meet and begin operations as
    soon as practicable.
    (e) Subsequent Meetings.--After its initial meeting, a Commission
    shall meet upon the call of the Chairman or a majority of its members.
    (f) Quorum.--Eight members of a Commission shall constitute a quorum.
    (g) Vacancies.--Any vacancy in a Commission shall not affect its
    powers, but shall be filled in the same manner in which the original
    appointment was made.

    Sec. 70705. Powers of Commission

    (a) Hearings and Evidence.--A Commission or, on the authority of the
    Commission, any subcommittee or member thereof, may, for the purpose of
    carrying out this chapter--

    [[Page 3434]]

    (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.

    [[Page 3435]]

    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.

    [[Page 3436]]

    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.

    [[Page 3437]]

    Sec. 70904. International Space Station completion

    (a) Policy.--It is the policy of the United States to achieve diverse
    and growing utilization of, and benefits from, the International Space
    Station.
    (b) Elements, Capabilities, and Configuration Criteria.--The
    Administrator shall ensure that the International Space Station will--
    (1) be assembled and operated in a manner that fulfills
    international partner agreements, as long as the Administrator
    determines that the shuttle can safely enable the United States
    to do so;
    (2) be used for a diverse range of microgravity research,
    including fundamental, applied, and commercial research,
    consistent with section 40904 of this title;
    (3) have an ability to support a crew size of at least 6
    persons, unless the Administrator transmits to the Committee on
    Science and Technology of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the Senate
    not later than 60 days after December 30, 2005, a report
    explaining why such a requirement should not be met, the impact
    of not meeting the requirement on the International Space
    Station research agenda and operations and international partner
    agreements, and what additional funding or other steps would be
    required to have an ability to support a crew size of at least 6
    persons;
    (4) support Crew Exploration Vehicle docking and automated
    docking of cargo vehicles or modules launched by either heavy-
    lift or commercially-developed launch vehicles;
    (5) support any diagnostic human research, on-orbit
    characterization of molecular crystal growth, cellular research,
    and other research that the Administration believes is necessary
    to conduct, but for which the Administration lacks the capacity
    to return the materials that need to be analyzed to Earth; and
    (6) be operated at an appropriate risk level.

    (c) Contingencies.--
    (1) Policy.--The Administrator shall ensure that the
    International Space Station can have available, if needed,
    sufficient logistics and on-orbit capabilities to support any
    potential period during which the space shuttle or its follow-on
    crew and cargo systems are unavailable, and can have available,
    if needed, sufficient surge delivery capability or
    prepositioning of spares and other supplies needed to
    accommodate any such hiatus.
    (2) Plan.--Before making any change in the International Space
    Station assembly sequence in effect on December 30, 2005, the
    Administrator shall transmit to the Committee on Science and
    Technology of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a plan to
    carry out the policy described in paragraph (1).

    Sec. 70905. National laboratory designation

    (a) Definition of United States Segment of the International Space
    Station.--In this section the term ``United States segment of the
    International Space Station'' means those elements of the International
    Space Station manufactured--

    [[Page 3438]]

    (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.

    [[Page 3439]]

    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.

    [[Page 3440]]

    Sec. 71302. Information sharing to avoid physical or radio-frequency
    interference

    The Administrator shall, in consultation with other agencies of the
    Federal Government as the Administrator considers appropriate, initiate
    discussions with the appropriate representatives of spacefaring nations
    to determine an appropriate frame-work under which information intended
    to promote safe access into outer space, operations in outer space, and
    return from outer space to Earth free from physical or radio-frequency
    interference can be shared among the nations.

    SEC. 4. CONFORMING AMENDMENTS TO OTHER LAWS.

    (a) Title 5.--Section 9811(a)(1)(E) of title 5, United States Code, is
    amended by striking ``section 203(c)(2)(A) of the National Aeronautics
    and Space Act of 1958 (42 U.S.C. 2473(c)(2)(A))'' and substituting
    ``section 20113(b)(1) of title 51''.
    (b) Title 31.--Section 1304(a)(3)(D) of title 31, United States Code,
    is amended by striking ``section 203 of the National Aeronautics and
    Space Act of 1958 (42 U.S.C. 2473)'' and substituting ``section 20113 of
    title 51''.
    (c) Title 35.--Section 210(a)(7) of title 35, United States Code, is
    amended by striking ``section 305 of the National Aeronautics and Space
    Act of 1958 (42 U.S.C. 2457)'' and substituting ``section 20135 of title
    51''.
    (d) Transfer of Chapters 701 and 703 of Title 49, United States
    Code.--
    (1) Title 49, united states code.--Title 49, United States
    Code, is amended as follows:
    (A) In the analysis for title 49, United States Code,
    the item related to subtitle IX is amended to read as
    follows:
    [TRANSFERRED]''.
    (B) The heading and analysis for subtitle IX of title
    49, United States Code, are amended to read as follows:

    ``Subtitle IX--[Transferred]

    ``Chapter                                                           Sec.
    [Transferred]
    [Transferred]''.
    (2) Renumbering and transfer of chapters.--Chapters 701 and
    703 of title 49, United States Code, are renumbered as chapters
    509 and 511, respectively, of title 51, United States Code,
    and <> transferred so as
    to appear after chapter 507 of title 51, United States Code, as
    enacted by section 3 of this Act.
    (3) Renumbering of sections in chapter 509 of title 51, united
    states code.--In chapter 509 of title 51, United States Code, as
    renumbered by paragraph (2), and in the chapter analysis, the
    sections are renumbered as follows:
    (A) Section 70101 is renumbered 50901.
    (B) Section 70102 is renumbered 50902.
    (C) Section 70103 is renumbered 50903.
    (D) Section 70104 is renumbered 50904.
    (E) Section 70105 is renumbered 50905.
    (F) Section 70105a is renumbered 50906.

    [[Page 3441]]

    (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)''.

    [[Page 3442]]

    (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

    [[Page 3443]]

    ``section 502 of the National Aeronautics and Space
    Administration Authorization Act, Fiscal Year 1993 (15
    U.S.C. 5802)'' and substituting ``section 50501 of this
    title''.
    (B) Section 51104(d)(1) of title 51, United States
    Code, as renumbered by paragraph (4), is amended by
    striking ``section 303 of this title'' and substituting
    ``section 303 of title 49''.
    (7) Analysis for title 51, united states code.--The analysis
    for title 51, United States Code, as enacted by section 3 of
    this Act, is amended by adding, after the item for chapter 507,
    the following items:

    Commercial Space Launch Activities                    50901
    Space Transportation Infrastructure Matching Grants 51101''.
    (8) Deemed <> references to title 49,
    united states code.--In title 49, United States Code, references
    to ``this title'' are deemed to refer also to chapters 509 and
    511 of title 51, United States Code.

    (e) National Aeronautics and Space Administration Authorization Act of
    2005.--Section 304 of the National Aeronautics and Space Administration
    Authorization Act of 2005 (42 U.S.C. 16654) is amended as follows:
    (1) Subsection (a)(1) is redesignated as subsection (a) and
    amended to read as follows:

    ``(a) Assessment of Certain Missions.--Not later than 60 days after
    the date of enactment of this Act, the Administrator shall carry out an
    assessment under section 30504 of title 51, United States Code, for at
    least the following missions: FAST, TIMED, Cluster, Wind, Geotail,
    Polar, TRACE, Ulysses, and Voyager.''.
    (2) Subsection (b) is amended by striking ``subsection
    (a)(1)'' and substituting ``subsection (a)''.

    SEC. 5. <> TRANSITIONAL AND SAVINGS
    PROVISIONS.

    (a) Definitions.--In this section:
    (1) Source provision.--The term ``source provision'' means a
    provision of law that is replaced by a title 51 provision.
    (2) Title 51 provision.--The term ``title 51 provision'' means
    a provision of title 51, United States Code, that is enacted by
    section 3.

    (b) Cutoff Date.--The title 51 provisions replace certain provisions
    of law enacted on or before July 1, 2009. If a law enacted after that
    date amends or repeals a source provision, that law is deemed to amend
    or repeal, as the case may be, the corresponding title 51 provision. If
    a law enacted after that date is otherwise inconsistent with a title 51
    provision or a provision of this Act, that law supersedes the title 51
    provision or provision of this Act to the extent of the inconsistency.
    (c) Original Date of Enactment Unchanged.--For purposes of determining
    whether one provision of law supersedes another based on enactment later
    in time, a title 51 provision is deemed to have been enacted on the date
    of enactment of the corresponding source provision.
    (d) References to Title 51 Provisions.--A reference to a title 51
    provision is deemed to refer to the corresponding source provision.
    (e) References to Source Provisions.--A reference to a source
    provision, including a reference in a regulation, order, or other law,
    is deemed to refer to the corresponding title 51 provision.

    [[Page 3444]]

    (f) Regulations, Orders, and Other Administrative Actions.--A
    regulation, order, or other administrative action in effect under a
    source provision continues in effect under the corresponding title 51
    provision.
    (g) Actions Taken and Offenses Committed.--An action taken or an
    offense committed under a source provision is deemed to have been taken
    or committed under the corresponding title 51 provision.

    SEC. 6. <> REPEALS.

    The following provisions of law are repealed, except with respect to
    rights and duties that matured, penalties that were incurred, or
    proceedings that were begun before the date of enactment of this Act:

    Schedule of Laws Repealed
    ----------------------------------------------------------------------------------------------------------------
    Act                                    Section                   United States Code
    ----------------------------------------------------------------------------------------------------------------

    National Aeronautics and Space Act of 1958 (Public                           102                 42 U.S.C. 2451
    103                 42 U.S.C. 2452
    201         42 U.S.C. 2471 (prior)
    202                 42 U.S.C. 2472
    203                 42 U.S.C. 2473
    204                 42 U.S.C. 2474
    205                 42 U.S.C. 2475
    206                 42 U.S.C. 2476
    207                42 U.S.C. 2476a
    208                42 U.S.C. 2476b
    302                 42 U.S.C. 2453
    303                 42 U.S.C. 2454
    304(a)              42 U.S.C. 2455(a)
    304(e)                 42 U.S.C. 2456
    304(f)                42 U.S.C. 2456a
    305                 42 U.S.C. 2457
    306                 42 U.S.C. 2458
    307                42 U.S.C. 2458a
    308                42 U.S.C. 2458b
    309                42 U.S.C. 2458c
    310                 42 U.S.C. 2459
    311                42 U.S.C. 2459b
    312                42 U.S.C. 2459c
    313                42 U.S.C. 2459f
    314              42 U.S.C. 2459f-1
    315                42 U.S.C. 2459j
    316                42 U.S.C. 2459k
    317                42 U.S.C. 2459l
    401                 42 U.S.C. 2481
    402                 42 U.S.C. 2482
    403                 42 U.S.C. 2483
    404                 42 U.S.C. 2484

    Act of June 15, 1959 (Public Law 86-45)...........                             4                 42 U.S.C. 2460

    National Aeronautics and Space Administration                                  6                 42 U.S.C. 2477
    Authorization Act, 1968 (Public Law 90-67).......

    Joint Resolution of September 29, 1969 (Public Law                          1, 2                 42 U.S.C. 2461
    91-76)...........................................

    National Aeronautics and Space Administration                                  6                 42 U.S.C. 2463
    Authorization Act, 1978 (Public Law 95-76).......

    [[Page 3445]]

    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)

    [[Page 3446]]

    21(e)             42 U.S.C. 2473c(e)
    21(f)             42 U.S.C. 2473c(f)
    21(g)             42 U.S.C. 2473c(g)
    21(h)             42 U.S.C. 2473c(h)

    Land Remote Sensing Policy Act of 1992 (Public Law                             3                 15 U.S.C. 5602
    102-555).........................................
    101                 15 U.S.C. 5611
    102                 15 U.S.C. 5612
    103                 15 U.S.C. 5613
    104                 15 U.S.C. 5614
    105                 15 U.S.C. 5615
    201                 15 U.S.C. 5621
    202                 15 U.S.C. 5622
    203                 15 U.S.C. 5623
    204                 15 U.S.C. 5624
    205                 15 U.S.C. 5625
    301                 15 U.S.C. 5631
    302                 15 U.S.C. 5632
    303                 15 U.S.C. 5633
    401                 15 U.S.C. 5641
    501                 15 U.S.C. 5651
    502                 15 U.S.C. 5652
    503                 15 U.S.C. 5653
    504                 15 U.S.C. 5654
    505                 15 U.S.C. 5655
    506                 15 U.S.C. 5656
    507                 15 U.S.C. 5657
    508                 15 U.S.C. 5658
    601                 15 U.S.C. 5671
    602                 15 U.S.C. 5672

    National Aeronautics and Space Administration                                304                42 U.S.C. 2467b
    Authorization Act, Fiscal Year 1993 (Public Law
    102-588).........................................
    502                 15 U.S.C. 5802
    504                 15 U.S.C. 5803
    506                 15 U.S.C. 5805
    507                 15 U.S.C. 5806
    508                 15 U.S.C. 5807
    510                 15 U.S.C. 5808
    602                42 U.S.C. 2487a
    603                42 U.S.C. 2487b
    604                42 U.S.C. 2487c
    606                42 U.S.C. 2487e
    607                42 U.S.C. 2487f
    608                42 U.S.C. 2487g

    Commercial Space Act of 1998 (Public Law 105-303).                             2                42 U.S.C. 14701
    101                42 U.S.C. 14711
    104(b)             42 U.S.C. 14712(b)
    105                42 U.S.C. 14713
    106                42 U.S.C. 14714
    107     42 U.S.C. 14715, 15 U.S.C.
    5621, 5622
    201                42 U.S.C. 14731
    202                42 U.S.C. 14732
    204                42 U.S.C. 14733
    205                42 U.S.C. 14734
    206                42 U.S.C. 14735

    Technology Administration Act of 1998 (Public Law                              8                15 U.S.C. 1511e
    105-309).........................................

    National Aeronautics and Space Administration                                126                42 U.S.C. 2475a
    Authorization Act of 2000 (Public Law 106-391)...
    301                42 U.S.C. 2459g

    [[Page 3447]]

    304                42 U.S.C. 2459h
    305                42 U.S.C. 2475b
    325                42 U.S.C. 2473d

    Commercial Reusable In-Space Transportation Act of                           903                42 U.S.C. 14752
    2002 (Title IX of Public Law 107-248)............
    904                42 U.S.C. 14753

    Departments of Veterans Affairs and Housing and         (last par. under heading                42 U.S.C. 2459i
    Urban Development, and Independent Agencies                    ``Administrative
    Appropriations Act, 2003 (Division K of Public       Provisions'', at 117 Stat.
    Law 108-7).......................................                          520)

    National Aeronautics and Space Administration                             101(a)             42 U.S.C. 16611(a)
    Authorization Act of 2005 (Public Law 109-155)...
    101(b)             42 U.S.C. 16611(b)
    101(h)(1)          42 U.S.C. 16611(h)(1)
    101(i)             42 U.S.C. 16611(i)
    103                42 U.S.C. 16613
    105                42 U.S.C. 16614
    107                42 U.S.C. 16615
    110                42 U.S.C. 16618
    202                42 U.S.C. 16631
    203                42 U.S.C. 16632
    204                42 U.S.C. 16633
    205                42 U.S.C. 16634
    301                42 U.S.C. 16651
    304(a) (matter before par.     42 U.S.C. 16654(a) (matter
    (1))               before par. (1))
    304(a)(2)          42 U.S.C. 16654(a)(2)
    305(2)             42 U.S.C. 16655(2)
    305(3)             42 U.S.C. 16655(3)
    306                42 U.S.C. 16656
    311                42 U.S.C. 16671
    312                42 U.S.C. 16672
    313                42 U.S.C. 16673
    314                42 U.S.C. 16674
    315                42 U.S.C. 16675
    316                42 U.S.C. 16676
    401                42 U.S.C. 16701
    411                42 U.S.C. 16711
    421                42 U.S.C. 16721
    422                42 U.S.C. 16722
    423                42 U.S.C. 16723
    424                42 U.S.C. 16724
    425                42 U.S.C. 16725
    426                42 U.S.C. 16726
    427                42 U.S.C. 16727
    431                42 U.S.C. 16741
    441                42 U.S.C. 16751
    501(a)             42 U.S.C. 16761(a)
    501(b)             42 U.S.C. 16761(b)
    503                42 U.S.C. 16763
    504                42 U.S.C. 16764
    505                42 U.S.C. 16765
    506(1)             42 U.S.C. 16766(1)
    506(2)             42 U.S.C. 16766(2)
    507(a)             42 U.S.C. 16767(a)
    507(b)             42 U.S.C. 16767(b)
    507(d)             42 U.S.C. 16767(d)
    601                42 U.S.C. 16781
    612                42 U.S.C. 16791
    613                42 U.S.C. 16792
    615                42 U.S.C. 16794
    616                42 U.S.C. 16795

    [[Page 3448]]

    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 3449]]

    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)

    ----------------------------------------------------------------------------------------------------------------

    Approved December 18, 2010.

    LEGISLATIVE HISTORY--H.R. 3237:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-325 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    Jan. 13, considered and passed House.
    Dec. 3, considered and passed Senate.