[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3237 Enrolled Bill (ENR)]
H.R.3237
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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,

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The table of contents for this Act is as follows:

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(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)).

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Title 51, United States Code, ``National and Commercial Space
Programs'', is enacted as follows:
TITLE 51--NATIONAL AND COMMERCIAL SPACE PROGRAMS
Subtitle I--General
Chap.                                                               Sec.
Definitions........................................................10101
Subtitle II--General Program and Policy Provisions
National Aeronautics and Space Program.............................20101
Responsibilities and Vision........................................20301
Subtitle III--Administrative Provisions
Appropriations, Budgets, and Accounting............................30101
Contracting and Procurement........................................30301
Management and Review..............................................30501
International Cooperation and Competition..........................30701
Awards.............................................................30901
Safety.............................................................31101
Healthcare.........................................................31301
Miscellaneous......................................................31501
Subtitle IV--Aeronautics and Space Research and Education
Aeronautics........................................................40101
National Space Grant College and Fellowship Program................40301
Biomedical Research in Space.......................................40501
Environmentally Friendly Aircraft..................................40701
Miscellaneous......................................................40901
Subtitle V--Programs Targeting Commercial Opportunities
Space Commerce.....................................................50101
Commercial Reusable In-Space Transportation........................50301
Commercial Space Competitiveness...................................50501
Office of Space Commercialization..................................50701
Subtitle VI--Earth Observations
Land Remote Sensing Policy.........................................60101
Remote Sensing.....................................................60301
Earth Science......................................................60501
Subtitle VII--Access to Space
Use of Space Shuttle or Alternatives...............................70101
Shuttle Pricing Policy for Commercial and Foreign Users............70301
Exploration Initiatives............................................70501
Human Space Flight Independent Investigation Commission............70701
International Space Station........................................70901
Near-Earth Objects.................................................71101
Cooperation for Safety Among Spacefaring Nations...................71301
Subtitle I--General
CHAPTER 101--DEFINITIONS
Sec.
10101.  Definitions.

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In this title:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space Administration.
Subtitle II--General Program and Policy Provisions
CHAPTER 201--NATIONAL AERONAUTICS AND SPACE PROGRAM
SUBCHAPTER I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
Sec.
20101.  Short title.
20102.  Congressional declaration of policy and purpose.
20103.  Definitions.
SUBCHAPTER II--COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
20111.  National Aeronautics and Space Administration.
20112.  Functions of the Administration.
20113.  Powers of the Administration in performance of functions.
20114.  Administration and Department of Defense coordination.
20115.  International cooperation.
20116.  Reports to Congress.
20117.  Disposal of excess land.
SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS
20131.  Public access to information.
20132.  Security requirements.
20133.  Permission to carry firearms.
20134.  Arrest authority.
20135.  Property rights in inventions.
20136.  Contributions awards.
20137.  Malpractice and negligence suits against United States.
20138.  Insurance and indemnification.
20139.  Insurance for experimental aerospace vehicles.
20140.  Appropriations.
20141.  Misuse of agency name and initials.
20142.  Contracts regarding expendable launch vehicles.
20143.  Full cost appropriations account structure.
20144.  Prize authority.
20145.  Lease of non-excess property.
20146.  Retrocession of jurisdiction.
20147.  Recovery and disposition authority.
SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH
20161.  Congressional declaration of purpose and policy.
20162.  Definition of upper atmosphere.
20163.  Program authorized.
20164.  International cooperation.
SUBCHAPTER I--SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS

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This chapter may be cited as the ``National Aeronautics and Space
Act''.

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(a) Devotion of Space Activities to Peaceful Purposes for Benefit of
All Humankind.--Congress declares that it is the policy of the United
States that activities in space should be devoted to peaceful purposes
for the benefit of all humankind.
(b) Aeronautical and Space Activities for Welfare and Security of
United States.--Congress declares that the general welfare and security
of the United States require that adequate provision be made for
aeronautical and space activities. Congress further declares that such
activities shall be the responsibility of, and shall be directed by, a
civilian agency exercising control over aeronautical and space
activities sponsored by the United States, except that activities
peculiar to or primarily associated with the development of weapons
systems, military operations, or the defense of the United States
(including the research and development necessary to make effective
provision for the defense of the United States) shall be the
responsibility of, and shall be directed by, the Department of Defense;
and that determination as to which agency has responsibility for and
direction of any such activity shall be made by the President.
(c) Commercial Use of Space.--Congress declares that the general
welfare of the United States requires that the Administration seek and
encourage, to the maximum extent possible, the fullest commercial use
of space.
(d) Objectives of Aeronautical and Space Activities.--The
aeronautical and space activities of the United States shall be
conducted so as to contribute materially to one or more of the
following objectives:
(1) The expansion of human knowledge of the Earth and of
phenomena in the atmosphere and space.
(2) The improvement of the usefulness, performance, speed,
safety, and efficiency of aeronautical and space vehicles.
(3) The development and operation of vehicles capable of carrying
instruments, equipment, supplies, and living organisms through
space.
(4) The establishment of long-range studies of the potential
benefits to be gained from, the opportunities for, and the problems
involved in the utilization of aeronautical and space activities
for peaceful and scientific purposes.
(5) The preservation of the role of the United States as a leader
in aeronautical and space science and technology and in the
application thereof to the conduct of peaceful activities within
and outside the atmosphere.
(6) The making available to agencies directly concerned with
national defense of discoveries that have military value or
significance, and the furnishing by such agencies, to the civilian
agency established to direct and control nonmilitary aeronautical
and space activities, of information as to discoveries which have
value or significance to that agency.
(7) Cooperation by the United States with other nations and
groups of nations in work done pursuant to this chapter and in the
peaceful application of the results thereof.
(8) The most effective utilization of the scientific and
engineering resources of the United States, with close cooperation
among all interested agencies of the United States in order to
avoid unnecessary duplication of effort, facilities, and equipment.
(9) The preservation of the United States preeminent position in
aeronautics and space through research and technology development
related to associated manufacturing processes.
(e) Ground Propulsion Systems Research and Development.--Congress
declares that the general welfare of the United States requires that
the unique competence in scientific and engineering systems of the
Administration also be directed toward ground propulsion systems
research and development. Such development shall be conducted so as to
contribute to the objectives of developing energy and petroleum-
conserving ground propulsion systems, and of minimizing the
environmental degradation caused by such systems.
(f) Bioengineering Research, Development, and Demonstration
Programs.--Congress declares that the general welfare of the United
States requires that the unique competence of the Administration in
science and engineering systems be directed to assisting in
bioengineering research, development, and demonstration programs
designed to alleviate and minimize the effects of disability.
(g) Warning and Mitigation of Potential Hazards of Near-Earth
Objects.--Congress declares that the general welfare and security of
the United States require that the unique competence of the
Administration be directed to detecting, tracking, cataloguing, and
characterizing near-Earth asteroids and comets in order to provide
warning and mitigation of the potential hazard of such near-Earth
objects to the Earth.
(h) Purpose of Chapter.--It is the purpose of this chapter to carry
out and effectuate the policies declared in subsections (a) to (g).

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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

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(a) Establishment and Appointment of Administrator.--There is
established the National Aeronautics and Space Administration. The
Administration shall be headed by an Administrator, who shall be
appointed from civilian life by the President by and with the advice
and consent of the Senate. Under the supervision and direction of the
President, the Administrator shall be responsible for the exercise of
all powers and the discharge of all duties of the Administration and
shall have authority and control over all personnel and activities
thereof.
(b) Deputy Administrator.--There shall be in the Administration a
Deputy Administrator, who shall be appointed from civilian life by the
President by and with the advice and consent of the Senate. The Deputy
Administrator shall perform such duties and exercise such powers as the
Administrator may prescribe. The Deputy Administrator shall act for,
and exercise the powers of, the Administrator during the
Administrator's absence or disability.
(c) Restriction on Other Business or Employment.--The Administrator
and the Deputy Administrator shall not engage in any other business,
vocation, or employment while serving as such.

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(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).

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(a) Rules and Regulations.--In the performance of its functions, the
Administration is authorized to make, promulgate, issue, rescind, and
amend rules and regulations governing the manner of its operations and
the exercise of the powers vested in it by law.
(b) Officers and Employees.--In the performance of its functions, the
Administration is authorized to appoint and fix the compensation of
officers and employees as may be necessary to carry out such functions.
The officers and employees shall be appointed in accordance with the
civil service laws and their compensation fixed in accordance with
chapter 51 and subchapter III of chapter 53 of title 5, except that--
(1) to the extent the Administrator deems such action necessary
to the discharge of the Administrator's responsibilities, the
Administrator may appoint not more than 425 of the scientific,
engineering, and administrative personnel of the Administration
without regard to such laws, and may fix the compensation of such
personnel not in excess of the rate of basic pay payable for level
III of the Executive Schedule; and
(2) to the extent the Administrator deems such action necessary
to recruit specially qualified scientific and engineering talent,
the Administrator may establish the entrance grade for scientific
and engineering personnel without previous service in the Federal
Government at a level up to 2 grades higher than the grade provided
for such personnel under the General Schedule, and fix their
compensation accordingly.
(c) Property.--In the performance of its functions, the
Administration is authorized--
(1) to acquire (by purchase, lease, condemnation, or otherwise),
construct, improve, repair, operate, and maintain laboratories,
research and testing sites and facilities, aeronautical and space
vehicles, quarters and related accommodations for employees and
dependents of employees of the Administration, and such other real
and personal property (including patents), or any interest therein,
as the Administration deems necessary within and outside the
continental United States;
(2) to acquire by lease or otherwise, through the Administrator
of General Services, buildings or parts of buildings in the
District of Columbia for the use of the Administration for a period
not to exceed 10 years without regard to section 8141 of title 40;
(3) to lease to others such real and personal property;
(4) to sell and otherwise dispose of real and personal property
(including patents and rights thereunder) in accordance with the
provisions of chapters 1 to 11 of title 40 and in accordance with
title III of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 251 et seq.); and
(5) to provide by contract or otherwise for cafeterias and other
necessary facilities for the welfare of employees of the
Administration at its installations and purchase and maintain
equipment therefor.
(d) Gifts.--In the performance of its functions, the Administration
is authorized to accept unconditional gifts or donations of services,
money, or property, real, personal, or mixed, tangible or intangible.
(e) Contracts, Leases, and Agreements.--In the performance of its
functions, the Administration is authorized, without regard to
subsections (a) and (b) of section 3324 of title 31, to enter into and
perform such contracts, leases, cooperative agreements, or other
transactions as may be necessary in the conduct of its work and on such
terms as it may deem appropriate, with any agency or instrumentality of
the United States, or with any State, territory, or possession, or with
any political subdivision thereof, or with any person, firm,
association, corporation, or educational institution. To the maximum
extent practicable and consistent with the accomplishment of the
purpose of this chapter, such contracts, leases, agreements, and other
transactions shall be allocated by the Administrator in a manner which
will enable small-business concerns to participate equitably and
proportionately in the conduct of the work of the Administration.
(f) Cooperation With Federal Agencies and Others.--In the performance
of its functions, the Administration is authorized to use, with their
consent, the services, equipment, personnel, and facilities of Federal
and other agencies with or without reimbursement, and on a similar
basis to cooperate with other public and private agencies and
instrumentalities in the use of services, equipment, and facilities.
Each department and agency of the Federal Government shall cooperate
fully with the Administration in making its services, equipment,
personnel, and facilities available to the Administration, and any such
department or agency is authorized, notwithstanding any other provision
of law, to transfer to or to receive from the Administration, without
reimbursement, aeronautical and space vehicles, and supplies and
equipment other than administrative supplies or equipment.
(g) Advisory Committees.--In the performance of its functions, the
Administration is authorized to appoint such advisory committees as may
be appropriate for purposes of consultation and advice to the
Administration.
(h) Offices and Procedures.--In the performance of its functions, the
Administration is authorized to establish within the Administration
such offices and procedures as may be appropriate to provide for the
greatest possible coordination of its activities under this chapter
with related scientific and other activities being carried on by other
public and private agencies and organizations.
(i) Temporary or Intermittent Services of Experts or Consultants.--In
the performance of its functions, the Administration is authorized to
obtain services as provided by section 3109 of title 5, but at rates
for individuals not to exceed the per diem rate equivalent to the
maximum rate payable under section 5376 of title 5.
(j) Aliens.--In the performance of its functions, the Administration
is authorized, when determined by the Administrator to be necessary,
and subject to such security investigations as the Administrator may
determine to be appropriate, to employ aliens without regard to
statutory provisions prohibiting payment of compensation to aliens.
(k) Concessions for Visitors' Facilities.--
(1) In general.--In the performance of its functions, the
Administration is authorized to provide by concession, without
regard to section 1302 of title 40, on such terms as the
Administrator may deem to be appropriate and necessary to protect
the concessioner against loss of the concessioner's investment in
property (but not anticipated profits) resulting from the
Administration's discretionary acts and decisions, for the
construction, maintenance, and operation of all manner of
facilities and equipment for visitors to the several installations
of the Administration and, in connection therewith, to provide
services incident to the dissemination of information concerning
its activities to such visitors, without charge or with a
reasonable charge therefor (with this authority being in addition
to any other authority that the Administration may have to provide
facilities, equipment, and services for visitors to its
installations).
(2) Public notice and due consideration of proposals.--A
concession agreement under this subsection may be negotiated with
any qualified proposer following due consideration of all proposals
received after reasonable public notice of the intention to
contract.
(3) Reasonable opportunity for profit.--The concessioner shall be
afforded a reasonable opportunity to make a profit commensurate
with the capital invested and the obligations assumed. The
consideration paid by the concessioner for the concession shall be
based on the probable value of the opportunity and not on
maximizing revenue to the United States.
(4) Records and access to records.--Each concession agreement
shall specify the manner in which the concessioner's records are to
be maintained, and shall provide for access to the records by the
Administration and the Comptroller General of the United States for
a period of 5 years after the close of the business year to which
the records relate.
(5) Possessory interests.--A concessioner may be accorded a
possessory interest, consisting of all incidents of ownership
except legal title (which shall vest in the United States), in any
structure, fixture, or improvement the concessioner constructs or
locates upon land owned by the United States. With the approval of
the Administration, such possessory interest may be assigned,
transferred, encumbered, or relinquished by the concessioner, and,
unless otherwise provided by contract, shall not be extinguished by
the expiration or other termination of the concession and may not
be taken for public use without just compensation.
(l) Detailing Members of Armed Services.--In the performance of its
functions, the Administration is authorized, with the approval of the
President, to enter into cooperative agreements under which members of
the Army, Navy, Air Force, and Marine Corps may be detailed by the
appropriate Secretary for services in the performance of functions
under this chapter to the same extent as that to which they might be
lawfully assigned in the Department of Defense.
(m) Claims Against the United States.--In the performance of its
functions, the Administration is authorized--
(1) to consider, ascertain, adjust, determine, settle, and pay,
on behalf of the United States, in full satisfaction thereof, any
claim for $25,000 or less against the United States for bodily
injury, death, or damage to or loss of real or personal property
resulting from the conduct of the Administration's functions as
specified in section 20112(a) of this title, where such claim is
presented to the Administration in writing within 2 years after the
accident or incident out of which the claim arises; and
(2) if the Administration considers that a claim in excess of
$25,000 is meritorious and would otherwise be covered by this
subsection, to report the facts and circumstances to Congress for
its consideration.

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(a) Advise and Consult.--The Administration and the Department of
Defense, through the President, shall advise and consult with each
other on all matters within their respective jurisdictions related to
aeronautical and space activities and shall keep each other fully and
currently informed with respect to such activities.
(b) Referral to the President.--If the Secretary of Defense concludes
that any request, action, proposed action, or failure to act on the
part of the Administrator is adverse to the responsibilities of the
Department of Defense, or the Administrator concludes that any request,
action, proposed action, or failure to act on the part of the
Department of Defense is adverse to the responsibilities of the
Administration, and the Administrator and the Secretary of Defense are
unable to reach an agreement with respect to the matter, either the
Administrator or the Secretary of Defense may refer the matter to the
President for a decision (which shall be final).

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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.

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(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.

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Notwithstanding the provisions of this or any other law, the
Administration may not report to a disposal agency as excess to the
needs of the Administration any land having an estimated value in
excess of $50,000 that is owned by the United States and under the
jurisdiction and control of the Administration, unless--
(1) a period of 30 days has passed after the receipt by the
Speaker and the Committee on Science and Technology of the House of
Representatives and the President and the Committee on Commerce,
Science, and Transportation of the Senate of a report by the
Administrator or the Administrator's designee containing a full and
complete statement of the action proposed to be taken and the facts
and circumstances relied upon in support of such action; or
(2) each such committee before the expiration of that period has
transmitted to the Administrator written notice to the effect that
the committee has no objection to the proposed action.
SUBCHAPTER III--GENERAL ADMINISTRATIVE PROVISIONS

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(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.

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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.

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As the Administrator deems necessary in the public interest, the
Administrator may--
(1) direct officers and employees of the Administration to carry
firearms while in the conduct of their official duties; and
(2) authorize employees of contractors and subcontractors of the
Administration who are engaged in the protection of property owned
by the United States, and located at facilities owned by or
contracted to the United States, to carry firearms while in the
conduct of their official duties.

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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.

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(a) Definitions.--In this section:
(1) Contract.--The term ``contract'' means any actual or proposed
contract, agreement, understanding, or other arrangement, and
includes any assignment, substitution of parties, or subcontract
executed or entered into thereunder.
(2) Made.--The term ``made'', when used in relation to any
invention, means the conception or first actual reduction to
practice of such invention.
(3) Person.--The term ``person'' means any individual,
partnership, corporation, association, institution, or other
entity.
(b) Exclusive Property of United States.--
(1) In general.--An invention shall be the exclusive property of
the United States if it is made in the performance of any work
under any contract of the Administration, and the Administrator
determines that--
(A) the person who made the invention was employed or
assigned to perform research, development, or exploration work
and the invention is related to the work the person was
employed or assigned to perform, or was within the scope of the
person's employment duties, whether or not it was made during
working hours, or with a contribution by the Government of the
use of Government facilities, equipment, materials, allocated
funds, information proprietary to the Government, or services
of Government employees during working hours; or
(B) the person who made the invention was not employed or
assigned to perform research, development, or exploration work,
but the invention is nevertheless related to the contract, or
to the work or duties the person was employed or assigned to
perform, and was made during working hours, or with a
contribution from the Government of the sort referred to in
subparagraph (A).
(2) Patent to united states.--If an invention is the exclusive
property of the United States under paragraph (1), and if such
invention is patentable, a patent therefor shall be issued to the
United States upon application made by the Administrator, unless
the Administrator waives all or any part of the rights of the
United States to such invention in conformity with the provisions
of subsection (g).
(c) Contract Provisions for Furnishing Reports of Inventions,
Discoveries, Improvements, or Innovations.--Each contract entered into
by the Administrator with any party for the performance of any work
shall contain effective provisions under which the party shall furnish
promptly to the Administrator a written report containing full and
complete technical information concerning any invention, discovery,
improvement, or innovation which may be made in the performance of any
such work.
(d) Patent Application.--No patent may be issued to any applicant
other than the Administrator for any invention which appears to the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office (hereafter in this
section referred to as the ``Director'') to have significant utility in
the conduct of aeronautical and space activities unless the applicant
files with the Director, with the application or within 30 days after
request therefor by the Director, a written statement executed under
oath setting forth the full facts concerning the circumstances under
which the invention was made and stating the relationship (if any) of
the invention to the performance of any work under any contract of the
Administration. Copies of each such statement and the application to
which it relates shall be transmitted forthwith by the Director to the
Administrator.
(e) Issuance of Patent to Applicant.--Upon any application as to
which any such statement has been transmitted to the Administrator, the
Director may, if the invention is patentable, issue a patent to the
applicant unless the Administrator, within 90 days after receipt of the
application and statement, requests that the patent be issued to the
Administrator on behalf of the United States. If, within such time, the
Administrator files such a request with the Director, the Director
shall transmit notice thereof to the applicant, and shall issue such
patent to the Administrator unless the applicant within 30 days after
receipt of the notice requests a hearing before the Board of Patent
Appeals and Interferences on the question whether the Administrator is
entitled under this section to receive the patent. The Board may hear
and determine, in accordance with rules and procedures established for
interference cases, the question so presented, and its determination
shall be subject to appeal by the applicant or by the Administrator to
the United States Court of Appeals for the Federal Circuit in
accordance with procedures governing appeals from decisions of the
Board of Patent Appeals and Interferences in other proceedings.
(f) Subsequent Transfer of Patent in Case of False Representations.--
Whenever a patent has been issued to an applicant in conformity with
subsection (e), and the Administrator thereafter has reason to believe
that the statement filed by the applicant in connection with the patent
contained a false representation of a material fact, the Administrator,
within 5 years after the date of issuance of the patent, may file with
the Director a request for the transfer to the Administrator of title
to the patent on the records of the Director. Notice of any such
request shall be transmitted by the Director to the owner of record of
the patent, and title to the patent shall be so transferred to the
Administrator unless, within 30 days after receipt of notice, the owner
of record requests a hearing before the Board of Patent Appeals and
Interferences on the question whether any such false representation was
contained in the statement filed in connection with the patent. The
question shall be heard and determined, and the determination shall be
subject to review, in the manner prescribed by subsection (e) for
questions arising thereunder. A request made by the Administrator under
this subsection for the transfer of title to a patent, and prosecution
for the violation of any criminal statute, shall not be barred by the
failure of the Administrator to make a request under subsection (e) for
the issuance of the patent to the Administrator, or by any notice
previously given by the Administrator stating that the Administrator
had no objection to the issuance of the patent to the applicant.
(g) Waiver of Rights to Inventions.--Under such regulations in
conformity with this subsection as the Administrator shall prescribe,
the Administrator may waive all or any part of the rights of the United
States under this section with respect to any invention or class of
inventions made or which may be made by any person or class of persons
in the performance of any work required by any contract of the
Administration if the Administrator determines that the interests of
the United States will be served thereby. Any such waiver may be made
upon such terms and under such conditions as the Administrator shall
determine to be required for the protection of the interests of the
United States. Each such waiver made with respect to any invention
shall be subject to the reservation by the Administrator of an
irrevocable, nonexclusive, nontransferable, royalty-free license for
the practice of such invention throughout the world by or on behalf of
the United States or any foreign government pursuant to any treaty or
agreement with the United States. Each proposal for any waiver under
this subsection shall be referred to an Inventions and Contributions
Board which shall be established by the Administrator within the
Administration. Such Board shall accord to each interested party an
opportunity for hearing, and shall transmit to the Administrator its
findings of fact with respect to such proposal and its recommendations
for action to be taken with respect thereto.
(h) Protection of Title.--The Administrator is authorized to take all
suitable and necessary steps to protect any invention or discovery to
which the Administrator has title, and to require contractors or
persons who retain title to inventions or discoveries under this
section to protect the inventions or discoveries to which the
Administration has or may acquire a license of use.
(i) Administration as Defense Agency.--The Administration shall be
considered a defense agency of the United States for the purpose of
chapter 17 of title 35.
(j) Objects Intended for Launch, Launched, or Assembled in Outer
Space.--Any object intended for launch, launched, or assembled in outer
space shall be considered a vehicle for the purpose of section 272 of
title 35.
(k) Use or Manufacture of Patented Inventions Incorporated in Space
Vehicles Launched for Persons Other Than United States.--The use or
manufacture of any patented invention incorporated in a space vehicle
launched by the United States Government for a person other than the
United States shall not be considered to be a use or manufacture by or
for the United States within the meaning of section 1498(a) of title
28, unless the Administration gives an express authorization or consent
for such use or manufacture.

b1288ad34ce585af71be2e64d6af58b4b277d3f2af1ebcc520a8e4879eb23fc5

(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.

ad2a6d1c260e5b43018fd9bd63d52301ebbad40cac0e818351cf590f006c9c64

(a) Exclusive Remedy.--The remedy against the United States provided
by sections 1346(b) and 2672 of title 28, for damages for personal
injury, including death, caused by the negligent or wrongful act or
omission of any physician, dentist, nurse, pharmacist, or paramedical
or other supporting personnel (including medical and dental
technicians, nursing assistants, and therapists) of the Administration
in the performance of medical, dental, or related health care functions
(including clinical studies and investigations) while acting within the
scope of such person's duties or employment therein or therefor shall
be exclusive of any other civil action or proceeding by reason of the
same subject matter against such person (or the estate of such person)
whose act or omission gave rise to the action or proceeding.
(b) Attorney General To Defend any Civil Action or Proceeding for
Malpractice or Negligence.--The Attorney General shall defend any civil
action or proceeding brought in any court against any person referred
to in subsection (a) (or the estate of such person) for any such
injury. Any such person against whom such civil action or proceeding is
brought shall deliver within such time after date of service or
knowledge of service as determined by the Attorney General, all process
served upon such person or an attested true copy thereof to such
person's immediate superior or to whomever was designated by the
Administrator to receive such papers. Such person shall promptly
furnish copies of the pleading and process therein to the United States
Attorney for the district embracing the place wherein the proceeding is
brought, to the Attorney General, and to the Administrator.
(c) Removal of Actions.--Upon a certification by the Attorney General
that any person described in subsection (a) was acting in the scope of
such person's duties or employment at the time of the incident out of
which the suit arose, any such civil action or proceeding commenced in
a State court shall be removed without bond at any time before trial by
the Attorney General to the district court of the United States of the
district and division embracing the place wherein it is pending and the
proceeding deemed a tort action brought against the United States under
the provisions of title 28, and all references thereto. Should a
district court of the United States determine, on a hearing on a motion
to remand held before a trial on the merits, that the case so removed
is one in which a remedy by suit within the meaning of subsection (a)
is not available against the United States, the case shall be remanded
to the State court.
(d) Compromise or Settlement of Claims.--The Attorney General may
compromise or settle any claim asserted in such civil action or
proceeding in the manner provided in section 2677 of title 28, and with
the same effect.
(e) Applicability of Other Provisions of Law.--For purposes of this
section, the provisions of section 2680(h) of title 28 shall not apply
to any cause of action arising out of a negligent or wrongful act or
omission in the performance of medical, dental, or related health care
functions (including clinical studies and investigations).
(f) Liability Insurance for Persons Assigned to Foreign Countries or
Non-Federal Agencies.--The Administrator or the Administrator's
designee may, to the extent that the Administrator or the designee
deems appropriate, hold harmless or provide liability insurance for any
person described in subsection (a) for damages for personal injury,
including death, caused by such person's negligent or wrongful act or
omission in the performance of medical, dental, or related health care
functions (including clinical studies and investigations) while acting
within the scope of such person's duties if such person is assigned to
a foreign country or detailed for service with other than a Federal
department, agency, or instrumentality or if the circumstances are such
as are likely to preclude the remedies of third persons against the
United States described in section 2679(b) of title 28, for such damage
or injury.

8fe3e8ac2ff70b52342d7f9c929477b2a02703817be730f5381681a38ca537ed

(a) Definitions.--In this section:
(1) Space vehicle.--The term ``space vehicle'' means an object
intended for launch, launched, or assembled in outer space,
including the space shuttle and other components of a space
transportation system, together with related equipment, devices,
components, and parts.
(2) Third party.--The term ``third party'' means any person who
may institute a claim against a user for death, bodily injury, or
loss of or damage to property.
(3) User.--The term ``user'' includes anyone who enters into an
agreement with the Administration for use of all or a portion of a
space vehicle, who owns or provides property to be flown on a space
vehicle, or who employs a person to be flown on a space vehicle.
(b) Authorization.--The Administration is authorized on such terms
and to the extent it may deem appropriate to provide liability
insurance for any user of a space vehicle to compensate all or a
portion of claims by third parties for death, bodily injury, or loss of
or damage to property resulting from activities carried on in
connection with the launch, operations, or recovery of the space
vehicle. Appropriations available to the Administration may be used to
acquire such insurance, but such appropriations shall be reimbursed to
the maximum extent practicable by the users under reimbursement
policies established pursuant to section 20113 of this title.
(c) Indemnification.--Under such regulations in conformity with this
section as the Administrator shall prescribe taking into account the
availability, cost, and terms of liability insurance, any agreement
between the Administration and a user of a space vehicle may provide
that the United States will indemnify the user against claims
(including reasonable expenses of litigation or settlement) by third
parties for death, bodily injury, or loss of or damage to property
resulting from activities carried on in connection with the launch,
operations, or recovery of the space vehicle, but only to the extent
that such claims are not compensated by liability insurance of the
user. Such indemnification may be limited to claims resulting from
other than the actual negligence or willful misconduct of the user.
(d) Terms of Indemnification Agreement.--An agreement made under
subsection (c) that provides indemnification must also provide for--
(1) notice to the United States of any claim or suit against the
user for the death, bodily injury, or loss of or damage to the
property; and
(2) control of or assistance in the defense by the United States,
at its election, of that suit or claim.
(e) Certification of Just and Reasonable Amount.--No payment may be
made under subsection (c) unless the Administrator or the
Administrator's designee certifies that the amount is just and
reasonable.
(f) Payments.--Upon the approval by the Administrator, payments under
subsection (c) may be made, at the Administrator's election, either
from funds available for research and development not otherwise
obligated or from funds appropriated for such payments.

cacf9d97af2a832fef8e132b731e71049fb8a2d40e7846fd8c6cd57f04dcc194

(a) Definitions.--In this section:
(1) Cooperating party.--The term ``cooperating party'' means any
person who enters into an agreement with the Administration for the
performance of cooperative scientific, aeronautical, or space
activities to carry out the purposes of this chapter.
(2) Developer.--The term ``developer'' means a United States
person (other than a natural person) who--
(A) is a party to an agreement with the Administration for
the purpose of developing new technology for an experimental
aerospace vehicle;
(B) owns or provides property to be flown or situated on that
vehicle; or
(C) employs a natural person to be flown on that vehicle.
(3) Experimental aerospace vehicle.--The term ``experimental
aerospace vehicle'' means an object intended to be flown in, or
launched into, orbital or suborbital flight for the purpose of
demonstrating technologies necessary for a reusable launch vehicle,
developed under an agreement between the Administration and a
developer.
(4) Related entity.--The term ``related entity'' includes a
contractor or subcontractor at any tier, a supplier, a grantee, and
an investigator or detailee.
(b) In General.--The Administrator may provide liability insurance
for, or indemnification to, the developer of an experimental aerospace
vehicle developed or used in execution of an agreement between the
Administration and the developer.
(c) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this section,
the insurance and indemnification provided by the Administration
under subsection (b) to a developer shall be provided on the same
terms and conditions as insurance and indemnification is provided
by the Administration under section 20138 of this title to the user
of a space vehicle.
(2) Insurance.--
(A) In general.--A developer shall obtain liability insurance
or demonstrate financial responsibility in amounts to
compensate for the maximum probable loss from claims by--
(i) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with the development or use of an experimental
aerospace vehicle; and
(ii) the United States Government for damage or loss to
Government property resulting from such an activity.
(B) Maximum required.--The Administrator shall determine the
amount of insurance required, but, except as provided in
subparagraph (C), that amount shall not be greater than the
amount required under section 50914(a)(3) of this titlefor a
launch. The Administrator shall publish notice of the
Administrator's determination and the applicable amount or
amounts in the Federal Register within 10 days after making the
determination.
(C) Increase in dollar amounts.--The Administrator may
increase the dollar amounts set forth in section 50914(a)(3)(A)
of this titlefor the purpose of applying that section under
this section to a developer after consultation with the
Comptroller General and such experts and consultants as may be
appropriate, and after publishing notice of the increase in the
Federal Register not less than 180 days before the increase
goes into effect. The Administrator shall make available for
public inspection, not later than the date of publication of
such notice, a complete record of any correspondence received
by the Administration, and a transcript of any meetings in
which the Administration participated, regarding the proposed
increase.
(D) Safety review required before administrator provides
insurance.--The Administrator may not provide liability
insurance or indemnification under subsection (b) unless the
developer establishes to the satisfaction of the Administrator
that appropriate safety procedures and practices are being
followed in the development of the experimental aerospace
vehicle.
(3) No indemnification without cross-waiver.--Notwithstanding
subsection (b), the Administrator may not indemnify a developer of
an experimental aerospace vehicle under this section unless there
is an agreement between the Administration and the developer
described in subsection (d).
(4) Application of certain procedures.--If the Administrator
requests additional appropriations to make payments under this
section, like the payments that may be made under section 20138(c)
of this title, then the request for those appropriations shall be
made in accordance with the procedures established by subsections
(d) and (e) of section 50915 of this title.
(d) Cross-Waivers.--
(1) Administrator authorized to waive.--The Administrator, on
behalf of the United States, and its departments, agencies, and
instrumentalities, may reciprocally waive claims with a developer
or cooperating party and with the related entities of that
developer or cooperating party under which each party to the waiver
agrees to be responsible, and agrees to ensure that its own related
entities are responsible, for damage or loss to its property for
which it is responsible, or for losses resulting from any injury or
death sustained by its own employees or agents, as a result of
activities connected to the agreement or use of the experimental
aerospace vehicle.
(2) Limitations.--
(A) Claims.--A reciprocal waiver under paragraph (1) may not
preclude a claim by any natural person (including, but not
limited to, a natural person who is an employee of the United
States, the developer, the cooperating party, or their
respective subcontractors) or that natural person's estate,
survivors, or subrogees for injury or death, except with
respect to a subrogee that is a party to the waiver or has
otherwise agreed to be bound by the terms of the waiver.
(B) Liability for negligence.--A reciprocal waiver under
paragraph (1) may not absolve any party of liability to any
natural person (including, but not limited to, a natural person
who is an employee of the United States, the developer, the
cooperating party, or their respective subcontractors) or such
a natural person's estate, survivors, or subrogees for
negligence, except with respect to a subrogee that is a party
to the waiver or has otherwise agreed to be bound by the terms
of the waiver.
(C) Indemnification for damages.--A reciprocal waiver under
paragraph (1) may not be used as the basis of a claim by the
Administration, or the developer or cooperating party, for
indemnification against the other for damages paid to a natural
person, or that natural person's estate, survivors, or
subrogees, for injury or death sustained by that natural person
as a result of activities connected to the agreement or use of
the experimental aerospace vehicle.
(D) Willful misconduct.--A reciprocal waiver under paragraph
(1) may not relieve the United States, the developer, the
cooperating party, or the related entities of the developer or
cooperating party, of liability for damage or loss resulting
from willful misconduct.
(3) Effect on previous waivers.--This subsection applies to any
waiver of claims entered into by the Administration without regard
to the date on which the Administration entered into the waiver.
(e) Relationship to Other Laws.--
(1) Section 20138.--This section does not apply to any object,
transaction, or operation to which section 20138 of this title
applies.
(2) Section 50919(g)(1).--The Administrator may not provide
indemnification to a developer under this section for launches
subject to license under section 50919(g)(1) of this title.
(f) Termination.--
(1) In general.--The provisions of this section shall terminate
on December 31, 2010.
(2) Effect of termination on agreement.--The termination of this
section shall not terminate or otherwise affect any cross-waiver
agreement, insurance agreement, indemnification agreement, or other
agreement entered into under this section, except as may be
provided in that agreement.

75131541845b8e69b7f97482fcb858eaadb1822e52fa1b479531ef8fdde70c87

(a) Authorization.--
(1) In general.--There are authorized to be appropriated such
sums as may be necessary to carry out this chapter, except that
nothing in this chapter shall authorize the appropriation of any
amount for--
(A) the acquisition or condemnation of any real property; or
(B) any other item of a capital nature (such as plant or
facility acquisition, construction, or expansion) which exceeds
$250,000.
(2) Availability.--Sums appropriated pursuant to this subsection
for the construction of facilities, or for research and development
activities, shall remain available until expended.
(b) Use of Funds for Emergency Repairs of Existing Facilities.--Any
funds appropriated for the construction of facilities may be used for
emergency repairs of existing facilities when such existing facilities
are made inoperative by major breakdown, accident, or other
circumstances and such repairs are deemed by the Administrator to be of
greater urgency than the construction of new facilities.
(c) Termination.--Notwithstanding any other provision of law, the
authorization of any appropriation to the Administration shall expire
(unless an earlier expiration is specifically provided) at the close of
the third fiscal year following the fiscal year in which the
authorization was enacted, to the extent that such appropriation has
not theretofore actually been made.

c23d5bbf728664a2dc5616053609273bfa64c7c80ec4f852736850cdb5e40433

(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.

d831089b8acf474c9b00535bdb0e9d81f0317bd705d38b564fca5f84432c8b4a

(a) Commitments Beyond Available Appropriations.--The Administrator
may enter into contracts for expendable launch vehicle services that
are for periods in excess of the period for which funds are otherwise
available for obligation, provide for the payment for contingent
liability which may accrue in excess of available appropriations in the
event the Federal Government for its convenience terminates such
contracts, and provide for advance payments reasonably related to
launch vehicle and related equipment, fabrication, and acquisition
costs, if any such contract limits the amount of the payments that the
Government is allowed to make under such contract to amounts provided
in advance in appropriation Acts. Such contracts may be limited to
sources within the United States when the Administrator determines that
such limitation is in the public interest.
(b) Termination if Funds Not Available.--If funds are not available
to continue any such contract, the contract shall be terminated for the
convenience of the Government, and the costs of such contract shall be
paid from appropriations originally available for performance of the
contract, from other unobligated appropriations currently available for
the procurement of launch services, or from funds appropriated for such
payments.

1fab68d37a0a91cebe7652727254bf623d574eef29723b4a053df637bd498dba

(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.

5802815ab6ff69a50c496a228e2d3cb109c2f0b396bd65221d683c6efa34283a

(a) In General.--The Administration may carry out a program to
competitively award cash prizes to stimulate innovation in basic and
applied research, technology development, and prototype demonstration
that have the potential for application to the performance of the space
and aeronautical activities of the Administration. The Administration
may carry out a program to award prizes only in conformity with this
section.
(b) Topics.--In selecting topics for prize competitions, the
Administrator shall consult widely both within and outside the Federal
Government, and may empanel advisory committees. The Administrator
shall give consideration to prize goals such as the demonstration of
the ability to provide energy to the lunar surface from space-based
solar power systems, demonstration of innovative near-Earth object
survey and deflection strategies, and innovative approaches to
improving the safety and efficiency of aviation systems.
(c) Advertising.--The Administrator shall widely advertise prize
competitions to encourage participation.
(d) Requirements and Registration.--For each prize competition, the
Administrator shall publish a notice in the Federal Register announcing
the subject of the competition, the rules for being eligible to
participate in the competition, the amount of the prize, and the basis
on which a winner will be selected.
(e) Eligibility.--To be eligible to win a prize under this section,
an individual or entity--
(1) shall have registered to participate in the competition
pursuant to any rules promulgated by the Administrator under
subsection (d);
(2) shall have complied with all the requirements under this
section;
(3) in the case of a private entity, shall be incorporated in and
maintain a primary place of business in the United States, and in
the case of an individual, whether participating singly or in a
group, shall be a citizen or permanent resident of the United
States; and
(4) shall not be a Federal entity or Federal employee acting
within the scope of their employment.
(f) Liability.--
(1) Assumption of risk.--Registered participants must agree to
assume any and all risks and waive claims against the Federal
Government and its related entities, except in the case of willful
misconduct, for any injury, death, damage, or loss of property,
revenue, or profits, whether direct, indirect, or consequential,
arising from their participation in a competition, whether such
injury, death, damage, or loss arises through negligence or
otherwise. For the purposes of this paragraph, the term ``related
entity'' means a contractor or subcontractor at any tier, and a
supplier, user, customer, cooperating party, grantee, investigator,
or detailee.
(2) Liability insurance.--Participants must obtain liability
insurance or demonstrate financial responsibility, in amounts
determined by the Administrator, for claims by--
(A) a third party for death, bodily injury, or property
damage, or loss resulting from an activity carried out in
connection with participation in a competition, with the
Federal Government named as an additional insured under the
registered participant's insurance policy and registered
participants agreeing to indemnify the Federal Government
against third party claims for damages arising from or related
to competition activities; and
(B) the Federal Government for damage or loss to Government
property resulting from such an activity.
(g) Judges.--For each competition, the Administration, either
directly or through an agreement under subsection (h), shall assemble a
panel of qualified judges to select the winner or winners of the prize
competition on the basis described pursuant to subsection (d). Judges
for each competition shall include individuals from outside the
Administration, including from the private sector. A judge may not--
(1) have personal or financial interests in, or be an employee,
officer, director, or agent of any entity that is a registered
participant in a competition; or
(2) have a familial or financial relationship with an individual
who is a registered participant.
(h) Administering the Competition.--The Administrator may enter into
an agreement with a private, nonprofit entity to administer the prize
competition, subject to the provisions of this section.
(i) Funding.--
(1) Sources.--Prizes under this section may consist of Federal
appropriated funds and funds provided by the private sector for
such cash prizes. The Administrator may accept funds from other
Federal agencies for such cash prizes. The Administrator may not
give any special consideration to any private sector entity in
return for a donation.
(2) Availability.--
(A) Definition of provisions known as the anti-deficiency
act.--In this paragraph, the term ``provisions known as the
Anti-Deficiency Act'' means sections 1341, 1342, 1349(a), 1350,
1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, and 1519
of title 31.
(B) In general.--Notwithstanding any other provision of law,
funds appropriated for prize awards under this section shall
remain available until expended, and may be transferred,
reprogrammed, or expended for other purposes only after the
expiration of 10 fiscal years after the fiscal year for which
the funds were originally appropriated. No provision in this
section permits obligation or payment of funds in violation of
the provisions known as the Anti-Deficiency Act.
(3) Appropriation or commitment of funds required before
announcement of prize or increase.--
(A) In general.--No prize may be announced under subsection
(d) until all the funds needed to pay out the announced amount
of the prize have been appropriated or committed in writing by
a private source.
(B) Increase.--The Administrator may increase the amount of a
prize after an initial announcement is made under subsection
(d) if--
(i) notice of the increase is provided in the same manner
as the initial notice of the prize; and
(ii) the funds needed to pay out the announced amount of
the increase have been appropriated or committed in writing
by a private source.
(4) Notice to committees for prize greater than $50,000,000.--No
prize competition under this section may offer a prize in an amount
greater than $50,000,000 unless 30 days have elapsed after written
notice has been transmitted to the Committee on Science and
Technology of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(5) Approval of administrator for prize greater than
$1,000,000.--No prize competition under this section may result in
the award of more than $1,000,000 in cash prizes without the
approval of the Administrator.
(j) Use of Administration Name or Insignia.--A registered participant
in a competition under this section may use the Administration's name,
initials, or insignia only after prior review and written approval by
the Administration.
(k) Compliance With Existing Law.--The Federal Government shall not,
by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
non-proliferation laws, and related regulations.

f2d53bcca9aa072b7edc582269571e126eaa667335a71769df2566315a1663e7

(a) In General.--The Administrator may enter into a lease under this
section with any person or entity (including another department or
agency of the Federal Government or an entity of a State or local
government) with regard to any non-excess real property and related
personal property under the jurisdiction of the Administrator.
(b) Cash Consideration.--
(1) Fair market value.--A person or entity entering into a lease
under this section shall provide cash consideration for the lease
at fair market value as determined by the Administrator.
(2) Utilization.--
(A) In general.--The Administrator may utilize amounts of
cash consideration received under this subsection for a lease
entered into under this section to cover the full costs to the
Administration in connection with the lease. These funds shall
remain available until expended.
(B) Capital revitalization and improvements.--Of any amounts
of cash consideration received under this subsection that are
not utilized in accordance with subparagraph (A)--
(i) 35 percent shall be deposited in a capital asset
account to be established by the Administrator, shall be
available for maintenance, capital revitalization, and
improvements of the real property assets and related
personal property under the jurisdiction of the
Administrator, and shall remain available until expended;
and
(ii) the remaining 65 percent shall be available to the
respective center or facility of the Administration engaged
in the lease of nonexcess real property, and shall remain
available until expended for maintenance, capital
revitalization, and improvements of the real property
assets and related personal property at the respective
center or facility subject to the concurrence of the
Administrator.
(C) No utilization for daily operating costs.--Amounts
utilized under subparagraph (B) may not be utilized for daily
operating costs.
(c) Additional Terms and Conditions.--The Administrator may require
such terms and conditions in connection with a lease under this section
as the Administrator considers appropriate to protect the interests of
the United States.
(d) Relationship to Other Lease Authority.--The authority under this
section to lease property of the Administration is in addition to any
other authority to lease property of the Administration under law.
(e) Lease Restrictions.--
(1) No lease back or other contract.--The Administration is not
authorized to lease back property under this section during the
term of the out-lease or enter into other contracts with the lessee
respecting the property.
(2) Certification that out-lease will not have negative impact on
mission.--The Administration is not authorized to enter into an
out-lease under this section unless the Administrator certifies
that the out-lease will not have a negative impact on the mission
of the Administration.
(f) Reporting Requirements.--The Administrator shall submit an annual
report by January 31st of each year. The report shall include the
following:
(1) Value of arrangements and expenditures of revenues.--
Information that identifies and quantifies the value of the
arrangements and expenditures of revenues received under this
section.
(2) Availability and use of funds for operating plan.--The
availability and use of funds received under this section for the
Administration's operating plan.
(g) Sunset.--The authority to enter into leases under this section
shall expire 10 years after December 26, 2007. The expiration under
this subsection of authority to enter into leases under this section
shall not affect the validity or term of leases or the Administration's
retention of proceeds from leases entered into under this section
before the expiration of the authority.

5653fd9024a1e8700912e53d4a2adc640ac38be98705d72e7e8e09e0f6370f42

(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.

bb0c469538bb35b6dace8d4fe42008b53d17c56a7f0810e5a0c5703d82470300

(a) Definitions.--In this section:
(1) Administration human space flight vehicle.--The term
``Administration human space flight vehicle'' means a space
vehicle, as defined in section 20138(a) of this title, that--
(A) is intended to transport one or more persons;
(B) is designed to operate in outer space; and
(C) is either--
(i) owned by the Administration; or
(ii) owned by an Administration contractor or cooperating
party and operated as part of an Administration mission or
a joint mission with the Administration.
(2) Crewmember.--The term ``crewmember'' means an astronaut or
other person assigned to an Administration human space flight
vehicle.
(b) Control of Remains.--
(1) In general.--Subject to paragraphs (2) and (3), when there is
an accident or mishap resulting in the death of a crewmember of an
Administration human space flight vehicle, the Administrator may
take control over the remains of the crewmember and order autopsies
and other scientific or medical tests.
(2) Treatment.--Each crewmember shall provide the Administrator
with the crewmember's preferences regarding the treatment accorded
to the crewmember's remains and the Administrator shall, to the
extent possible, respect those stated preferences.
(3) Construction.--This section shall not be construed to permit
the Administrator to interfere with any Federal investigation of a
mishap or accident.
SUBCHAPTER IV--UPPER ATMOSPHERE RESEARCH

2dd9702c9e0caf76ce9253579e208f0390b17c7de7bccfae081ecd5422b2e2f5

(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.

cb349fa7eeb9ea652e40db5f23c0a0a02a5f42560546ac32f2e86a1b2f62040b

In this subchapter, the term ``upper atmosphere'' means that portion
of the Earth's sensible atmosphere above the troposphere.

beac70f66f5f3ef7801d382378fb3496144617946db8fec21930ef2e8f3e9b59

(a) In General.--In order to carry out the purposes of this
subchapter, the Administration, in cooperation with other Federal
agencies, shall initiate and carry out a program of research,
technology, monitoring, and other appropriate activities directed to
understand the physics and chemistry of the upper atmosphere.
(b) Activities.--In carrying out the provisions of this subchapter,
the Administration shall--
(1) arrange for participation by the scientific and engineering
community, of both the Nation's industrial organizations and
institutions of higher education, in planning and carrying out
appropriate research, in developing necessary technology, and in
making necessary observations and measurements;
(2) provide, by way of grant, contract, scholarships, or other
arrangements, to the maximum extent practicable and consistent with
other laws, for the widest practicable and appropriate
participation of the scientific and engineering community in the
program authorized by this subchapter; and
(3) make all results of the program authorized by this subchapter
available to the appropriate regulatory agencies and provide for
the widest practicable dissemination of such results.

a85bdc8f5afd7e6204d84f7b85c5a1de07c31dc890ae62b3e5d7efb3e228e3e9

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.

d09a49aa67ef6d035a69214cf14c7201d7c65a4005181f57a81546ccc4945747

(a) Programs.--The Administrator shall ensure that the Administration
carries out a balanced set of programs that shall include, at a
minimum, programs in--
(1) human space flight, in accordance with section 20302 of this
title;
(2) aeronautics research and development; and
(3) scientific research, which shall include, at a minimum--
(A) robotic missions to study the Moon and other planets and
their moons, and to deepen understanding of astronomy,
astrophysics, and other areas of science that can be
productively studied from space;
(B) Earth science research and research on the Sun-Earth
connection through the development and operation of research
satellites and other means;
(C) support of university research in space science, Earth
science, and microgravity science; and
(D) research on microgravity, including research that is not
directly related to human exploration.
(b) Consultation and Coordination.--In carrying out the programs of
the Administration, the Administrator shall--
(1) consult and coordinate to the extent appropriate with other
relevant Federal agencies, including through the National Science
and Technology Council;
(2) work closely with the private sector, including by--
(A) encouraging the work of entrepreneurs who are seeking to
develop new means to launch satellites, crew, or cargo;
(B) contracting with the private sector for crew and cargo
services, including to the International Space Station, to the
extent practicable;
(C) using commercially available products (including
software) and services to the extent practicable to support all
Administration activities; and
(D) encouraging commercial use and development of space to
the greatest extent practicable; and
(3) involve other nations to the extent appropriate.

1bb9f0c1f31cc26c90d4fdbc2e541b5ff732bf2dc3592017c4a1e41596b14c04

(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.

fa23be8cc92993fd6761e5351da506cffa77b8a71d82fb005d0e667646522e3a

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

ff6d927ccc7fb3ef22718c47bed9e8c0482bc26f2469a8136a37198a5d67636d

(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.

45ec59ff74f525559f0bd18f34cb9c3b3aa312d4ccf4dc2587d35e0faf74fe07

(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.

2525637b31bb1c7227be775768d96dc47adf73de94edb64f168b151d0dc07222

Notwithstanding the provisions of any other law, no appropriation may
be made to the Administration unless previously authorized by
legislation enacted by Congress.

9a88f80a163f8a5b40c08662b6d57236d0067394b7113134ce8e23fff677172d

(a) Establishment.--There is hereby established in the United States
Treasury an Administration working capital fund.
(b) Availability of Amounts.--
(1) In general.--Amounts in the fund are available for financing
activities, services, equipment, information, and facilities as
authorized by law to be provided--
(A) within the Administration;
(B) to other agencies or instrumentalities of the United
States;
(C) to any State, territory, or possession or political
subdivision thereof;
(D) to other public or private agencies; or
(E) to any person, firm, association, corporation, or
educational institution on a reimbursable basis.
(2) Capital repairs.--The fund shall also be available for the
purpose of funding capital repairs, renovations, rehabilitation,
sustainment, demolition, or replacement of Administration real
property, on a reimbursable basis within the Administration.
(3) No fiscal year limitation.--Amounts in the fund are available
without regard to fiscal year limitation.
(c) Contents.--The capital of the fund consists of--
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and
other assets and inventories on order that the Administrator
transfers to the fund, less the related liabilities and unpaid
obligations; and
(3) payments received for loss or damage to property of the fund.
(d) Reimbursement.--The fund shall be reimbursed, in advance, for
supplies and services at rates that will approximate the expenses of
operation, such as the accrual of annual leave, depreciation of plant,
property, and equipment, and overhead.

9516f085301d8a1806fcede79fd638e1fcd6ae5e0c31c86e6e96c38128d131d8

(a) Categories.--The proposed budget for the Administration submitted
by the President for each fiscal year shall be accompanied by documents
showing--
(1) by program--
(A) the budget for space operations, including the
International Space Station and the space shuttle;
(B) the budget for exploration systems;
(C) the budget for aeronautics;
(D) the budget for space science;
(E) the budget for Earth science;
(F) the budget for microgravity science;
(G) the budget for education;
(H) the budget for safety oversight; and
(I) the budget for public relations;
(2) the budget for technology transfer programs;
(3) the budget for the Integrated Enterprise Management Program,
by individual element;
(4) the budget for the Independent Technical Authority, both
total and by center;
(5) the total budget for the prize program under section 20144 of
this title, and the administrative budget for that program; and
(6) the comparable figures for at least the 2 previous fiscal
years for each item in the proposed budget.
(b) Additional Budget Information Upon Request by Committees.--The
Administration shall make available, upon request from the Committee on
Science and Technology of the House of Representatives or the Committee
on Commerce, Science, and Transportation of the Senate--
(1) information on corporate and center general and
administrative costs and service pool costs, including--
(A) the total amount of funds being allocated for those
purposes for any fiscal year for which the President has
submitted an annual budget request to Congress;
(B) the amount of funds being allocated for those purposes
for each center, for headquarters, and for each directorate;
and
(C) the major activities included in each cost category; and
(2) the figures on the amount of unobligated funds and unexpended
funds, by appropriations account--
(A) that remained at the end of the fiscal year prior to the
fiscal year in which the budget is being presented that were
carried over into the fiscal year in which the budget is being
presented;
(B) that are estimated will remain at the end of the fiscal
year in which the budget is being presented that are proposed
to be carried over into the fiscal year for which the budget is
being presented; and
(C) that are estimated will remain at the end of the fiscal
year for which the budget is being presented.
(c) Information in Annual Budget Justification.--The Administration
shall provide, at a minimum, the following information in its annual
budget justification:
(1) The actual, current, proposed funding level, and estimated
budgets for the next 5 fiscal years by directorate, theme, program,
project and activity within each appropriations account.
(2) The proposed programmatic and non-programmatic construction
of facilities.
(3) The budget for headquarters including--
(A) the budget by office, and any division thereof, for the
actual, current, proposed funding level, and estimated budgets
for the next 5 fiscal years;
(B) the travel budget for each office, and any division
thereof, for the actual, current, and proposed funding level;
and
(C) the civil service full time equivalent assignments per
headquarters office, and any division thereof, including the
number of Senior Executive Service, noncareer, detailee, and
contract personnel per office.
(4) Within 14 days of the submission of the budget to Congress an
accompanying volume shall be provided to the Committees on
Appropriations containing the following information for each
center, facility managed by any center, and federally funded
research and development center operated on behalf of the
Administration:
(A) The actual, current, proposed funding level, and
estimated budgets for the next 5 fiscal years by directorate,
theme, program, project, and activity.
(B) The proposed programmatic and non-programmatic
construction of facilities.
(C) The number of civil service full time equivalent
positions per center for each identified fiscal year.
(D) The number of civil service full time equivalent
positions considered to be uncovered capacity at each location
for each identified fiscal year.
(5) The proposed budget as designated by object class for each
directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain the request
for each program, project, and activity, and an explanation for any
deviation to previously adopted baselines for all justification
materials provided to the Committees.
(d) Estimate of Gross Receipts and Proposed Use of Funds Related to
Lease of Property.--Each annual budget request shall include an annual
estimate of gross receipts and collections and proposed use of all
funds collected pursuant to section 20145 of this title.

4352d226932851d6d62e05049153cf59cf28a253c09f4c32fb27f8041689cfc2

(a) Definitions.--In this section:
(1) Development.--The term ``development'' means the phase of a
program following the formulation phase and beginning with the
approval to proceed to implementation, as defined in the
Administration's Procedural Requirements 7120.5c, dated March 22,
2005.
(2) Development cost.--The term ``development cost'' means the
total of all costs, including construction of facilities and civil
servant costs, from the period beginning with the approval to
proceed to implementation through the achievement of operational
readiness, without regard to funding source or management control,
for the life of the program.
(3) Life-cycle cost.--The term ``life-cycle cost'' means the
total of the direct, indirect, recurring, and nonrecurring costs,
including the construction of facilities and civil servant costs,
and other related expenses incurred or estimated to be incurred in
the design, development, verification, production, operation,
maintenance, support, and retirement of a program over its planned
lifespan, without regard to funding source or management control.
(4) Major program.--The term ``major program'' means an activity
approved to proceed to implementation that has an estimated life-
cycle cost of more than $250,000,000.
(b) Conditions for Development.--
(1) In general.--The Administration shall not enter into a
contract for the development of a major program unless the
Administrator determines that--
(A) the technical, cost, and schedule risks of the program
are clearly identified and the program has developed a plan to
manage those risks;
(B) the technologies required for the program have been
demonstrated in a relevant laboratory or test environment; and
(C) the program complies with all relevant policies,
regulations, and directives of the Administration.
(2) Report.--The Administrator shall transmit a report describing
the basis for the determination required under paragraph (1) to the
Committee on Science and Technology of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate at least 30 days before entering into a contract for
development under a major program.
(3) Nondelegation.--The Administrator may not delegate the
determination requirement under this subsection, except in cases in
which the Administrator has a conflict of interest.
(c) Major Program Annual Reports.--
(1) Requirement.--Annually, at the same time as the President's
annual budget submission to Congress, the Administrator shall
transmit to the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes the information
required by this section for each major program for which the
Administration proposes to expend funds in the subsequent fiscal
year. Reports under this paragraph shall be known as Major Program
Annual Reports.
(2) Baseline report.--The first Major Program Annual Report for
each major program shall include a Baseline Report that shall, at a
minimum, include--
(A) the purposes of the program and key technical
characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program, with
a detailed breakout of the development cost, program reserves,
and an estimate of the annual costs until development is
completed;
(C) the schedule for development, including key program
milestones;
(D) the plan for mitigating technical, cost, and schedule
risks identified in accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for making
notifications under subsection (d), who shall be an individual
whose primary responsibility is overseeing the program.
(3) Information updates.--For major programs for which a Baseline
Report has been submitted, each subsequent Major Program Annual
Report shall describe any changes to the information that had been
provided in the Baseline Report, and the reasons for those changes.
(d) Notification.--
(1) Requirement.--The individual identified under subsection
(c)(2)(E) shall immediately notify the Administrator any time that
individual has reasonable cause to believe that, for the major
program for which he or she is responsible--
(A) the development cost of the program is likely to exceed
the estimate provided in the Baseline Report of the program by
15 percent or more; or
(B) a milestone of the program is likely to be delayed by 6
months or more from the date provided for it in the Baseline
Report of the program.
(2) Reasons.--Not later than 30 days after the notification
required under paragraph (1), the individual identified under
subsection (c)(2)(E) shall transmit to the Administrator a written
notification explaining the reasons for the change in the cost or
milestone of the program for which notification was provided under
paragraph (1).
(3) Notification of congress.--Not later than 15 days after the
Administrator receives a written notification under paragraph (2),
the Administrator shall transmit the notification to the Committee
on Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate.
(e) Fifteen Percent Threshold.--
(1) Determination, report, and initiation of analysis.--Not later
than 30 days after receiving a written notification under
subsection (d)(2), the Administrator shall determine whether the
development cost of the program is likely to exceed the estimate
provided in the Baseline Report of the program by 15 percent or
more, or whether a milestone is likely to be delayed by 6 months or
more. If the determination is affirmative, the Administrator
shall--
(A) transmit to the Committee on Science and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate, not later than 15
days after making the determination, a report that includes--
(i) a description of the increase in cost or delay in
schedule and a detailed explanation for the increase or
delay;
(ii) a description of actions taken or proposed to be
taken in response to the cost increase or delay; and
(iii) a description of any impacts the cost increase or
schedule delay, or the actions described under clause (ii),
will have on any other program within the Administration;
and
(B) if the Administrator intends to continue with the
program, promptly initiate an analysis of the program, which
shall include, at a minimum--
(i) the projected cost and schedule for completing the
program if current requirements of the program are not
modified;
(ii) the projected cost and the schedule for completing
the program after instituting the actions described under
subparagraph (A)(ii); and
(iii) a description of, and the projected cost and
schedule for, a broad range of alternatives to the program.
(2) Completion of analysis and transmittal to committees.--The
Administration shall complete an analysis initiated under paragraph
(1)(B) not later than 6 months after the Administrator makes a
determination under this subsection. The Administrator shall
transmit the analysis to the Committee on Science and Technology of
the House of Representatives and Committee on Commerce, Science,
and Transportation of the Senate not later than 30 days after its
completion.
(f) Thirty Percent Threshold.--If the Administrator determines under
subsection (e) that the development cost of a program will exceed the
estimate provided in the Baseline Report of the program by more than 30
percent, then, beginning 18 months after the date the Administrator
transmits a report under subsection (e)(1)(A), the Administrator shall
not expend any additional funds on the program, other than termination
costs, unless Congress has subsequently authorized continuation of the
program by law. An appropriation for the specific program enacted
subsequent to a report being transmitted shall be considered an
authorization for purposes of this subsection. If the program is
continued, the Administrator shall submit a new Baseline Report for the
program no later than 90 days after the date of enactment of the Act
under which Congress has authorized continuation of the program.
CHAPTER 303--CONTRACTING AND PROCUREMENT
Sec.
30301.  Guaranteed customer base.
30302.  Quality assurance personnel.
30303.  Tracking and data relay satellite services.
30304.  Award of contracts to small businesses and disadvantaged
individuals.
30305.  Outreach program.
30306.  Small business contracting.
30307.  Requirement for independent cost analysis.
30308.  Cost effectiveness calculations.
30309.  Use of abandoned and underutilized buildings, grounds, and
facilities.
30310.  Exception to alternative fuel procurement requirement.

d1ba470cd1a0865a41d88845fd993ec40da7c6f3c08d6b4fa915c517d2fa98a7

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.

85061c6737ab42003f658a0f5a70f85857a317ec3607d5be4cef41856bb275aa

(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.

f553e92dc036983a3b0e5fafd0fd926733dcf43cb3aa5cbd5104f560f8af309f

(a) Contracts.--The Administration is authorized, when so provided in
an appropriation Act, to enter into and to maintain a contract for
tracking and data relay satellite services. Such services shall be
furnished to the Administration in accordance with applicable
authorization and appropriations Acts. The Government shall incur no
costs under such contract prior to the furnishing of such services
except that the contract may provide for the payment for contingent
liability of the Government which may accrue in the event the
Government should decide for its convenience to terminate the contract
before the end of the period of the contract. Facilities which may be
required in the performance of the contract may be constructed on
Government-owned lands if there is included in the contract a provision
under which the Government may acquire title to the facilities, under
terms and conditions agreed upon in the contract, upon termination of
the contract.
(b) Reports to Congress.--The Administrator shall in January of each
year report to the Committee on Science and Technology and the
Committee on Appropriations of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on
Appropriations of the Senate the projected aggregate contingent
liability of the Government under termination provisions of any
contract authorized in this section through the next fiscal year. The
authority of the Administration to enter into and to maintain the
contract authorized hereunder shall remain in effect unless repealed by
legislation enacted by Congress.

52ef21c5e3ce9ac37e96b01b4b1fe48807e28a05a7d94284baddf0f8fcda189d

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.)).

e105c277d7bccfd3fa907624e3aaeb70caa945e4fc88d588de82f16e79a68268

(a) Establishment.--The Administration shall competitively select an
organization to partner with Administration centers, aerospace
contractors, and academic institutions to carry out a program to help
promote the competitiveness of small, minority-owned, and women-owned
businesses in communities across the United States through enhanced
insight into the technologies of the Administration's space and
aeronautics programs. The program shall support the mission of the
Administration's Innovative Partnerships Program with its emphasis on
joint partnerships with industry, academia, government agencies, and
national laboratories.
(b) Program Structure.--In carrying out the program described in
subsection (a), the organization shall support the mission of the
Administration's Innovative Partnerships Program by undertaking the
following activities:
(1) Facilitating enhanced insight.--Facilitating the enhanced
insight of the private sector into the Administration's
technologies in order to increase the competitiveness of the
private sector in producing viable commercial products.
(2) Creating network.--Creating a network of academic
institutions, aerospace contractors, and Administration centers
that will commit to donating appropriate technical assistance to
small businesses, giving preference to socially and economically
disadvantaged small business concerns, small business concerns
owned and controlled by service-disabled veterans, and HUBZone
small business concerns. This paragraph shall not apply to any
contracting actions entered into or taken by the Administration.
(3) Creating network of economic development organizations.--
Creating a network of economic development organizations to
increase the awareness and enhance the effectiveness of the program
nationwide.
(c) Report.--Not later than one year after October 15, 2008, and
annually thereafter, the Administrator shall submit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
describing the efforts and accomplishments of the program established
under subsection (a) in support of the Administration's Innovative
Partnerships Program. As part of the report, the Administrator shall
provide--
(1) data on the number of small businesses receiving assistance,
jobs created and retained, and volunteer hours donated by the
Administration, contractors, and academic institutions nationwide;
(2) an estimate of the total dollar value of the economic impact
made by small businesses that received technical assistance through
the program; and
(3) an accounting of the use of funds appropriated for the
program.

51b033675b2fff6eaea3e8aaf8c7491744b6a97fc79d6a4d85912155f9e48557

(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)).

5552e2af379ab7c13a6494463263ed5d2e1956ae7824494cfaabcdc4649764a1

(a) Definition of Implementation.--In this section, the term
``implementation'' means all activity in the life cycle of a project
after preliminary design, independent assessment of the preliminary
design, and approval to proceed into implementation, including critical
design, development, certification, launch, operations, disposal of
assets, and, for technology programs, development, testing, analysis,
and communication of the results.
(b) Requirement.--Before any funds may be obligated for
implementation of a project that is projected to cost more than
$250,000,000 in total project costs, the Administrator shall conduct
and consider an independent life-cycle cost analysis of the project and
shall report the results to Congress. In developing cost accounting and
reporting standards for carrying out this section, the Administrator
shall, to the extent practicable and consistent with other laws,
solicit the advice of experts outside of the Administration.

ad11d2514019a4088d014858d29d90247704974f4e4f7fef1d5c54cc0d7eb65b

(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.

3cb2d2e4b1faa8a0d3e194a73a7c320b5fd9f4474ecab3a6297aecdd988276b1

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.

edc35395bff28152c1819f732acfbef26ee7ecd466ce62e78c647f482d32e973

Section 526(a) of the Energy Independence and Security Act of 2007
(42 U.S.C. 17142(a)) does not prohibit the Administration from entering
into a contract to purchase a generally available fuel that is not an
alternative or synthetic fuel or predominantly produced from a
nonconventional petroleum source, if--
(1) the contract does not specifically require the contractor to
provide an alternative or synthetic fuel or fuel from a
nonconventional petroleum source;
(2) the purpose of the contract is not to obtain an alternative
or synthetic fuel or fuel from a nonconventional petroleum source;
and
(3) the contract does not provide incentives for a refinery
upgrade or expansion to allow a refinery to use or increase its use
of fuel from a nonconventional petroleum source.
CHAPTER 305--MANAGEMENT AND REVIEW
Sec.
30501.  Lessons learned and best practices.
30502.  Whistleblower protection.
30503.  Performance assessments.
30504.  Assessment of science mission extensions.

eb666cb0ccb048603f1133dd1caab1c27c378135a815a5ecfa4d7792d9389280

(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.

3d0a7a079a0759097cd9c780e8e8a408cf7fe9f800cc5548da583fdee9dd2874

(a) In General.--Not later than 1 year after December 30, 2005, the
Administrator shall transmit to the Committee on Science and Technology
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan describing steps to be taken by
the Administration to protect from retaliation Administration employees
who raise concerns about substantial and specific dangers to public
health and safety or about substantial and specific factors that could
threaten the success of a mission. The plan shall be designed to ensure
that Administration employees have the full protection required by law.
The Administrator shall implement the plan not more than 1 year after
its transmittal.
(b) Goal.--The Administrator shall ensure that the plan describes a
system that will protect employees who wish to raise or have raised
concerns described in subsection (a).
(c) Plan.--At a minimum, the plan shall include, consistent with
Federal law--
(1) a reporting structure that ensures that the officials who are
the subject of a whistleblower's complaint will not learn the
identity of the whistleblower;
(2) a single point to which all complaints can be made without
fear of retribution;
(3) procedures to enable the whistleblower to track the status of
the case;
(4) activities to educate employees about their rights as
whistleblowers and how they are protected by law;
(5) activities to educate employees about their obligations to
report concerns and their accountability before and after receiving
the results of the investigations into their concerns; and
(6) activities to educate all appropriate Administration Human
Resources professionals, and all Administration managers and
supervisors, regarding personnel laws, rules, and regulations.
(d) Report.--Not later than February 15 of each year beginning
February 15, 2007, the Administrator shall transmit a report to the
Committee on Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the concerns described in subsection (a) that were raised during the
previous fiscal year. At a minimum, the report shall provide--
(1) the number of concerns that were raised, divided into the
categories of safety and health, mission assurance, and
mismanagement, and the disposition of those concerns, including
whether any employee was disciplined as a result of a concern
having been raised; and
(2) any recommendations for reforms to further prevent
retribution against employees who raise concerns.

ab01c8304254c498b61d2d699dec54356bb5eb6fb08bc684414e55004b413f02

(a) In General.--The performance of each division in the Science
directorate of the Administration shall be reviewed and assessed by the
National Academy of Sciences at 5-year intervals.
(b) Timing.--Beginning with the first fiscal year following December
30, 2005, the Administrator shall select at least one division for
review under this section. The Administrator shall select divisions so
that all disciplines will have received their first review within 6
fiscal years of December 30, 2005.
(c) Reports.--Not later than March 1 of each year, beginning with the
first fiscal year after December 30, 2005, the Administrator shall
transmit a report to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
(1) setting forth in detail the results of any external review
under subsection (a);
(2) setting forth in detail actions taken by the Administration
in response to any external review; and
(3) including a summary of findings and recommendations from any
other relevant external reviews of the Administration's science
mission priorities and programs.

34aebcd76a2c11c2544c026b3bb2abe5823d295eafd16aa0592fe71fd006f935

(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.

6ec6e3f4e3189a9f971168ec6d489d5358c3ff544a91d419ff377517cd4536b5

(a) Limitation.--
(1) Solicitation of comment.--As part of the evaluation of the
costs and benefits of entering into an obligation to conduct a
space mission in which a foreign entity will participate as a
supplier of the spacecraft, spacecraft system, or launch system,
the Administrator shall solicit comment on the potential impact of
such participation through notice published in Commerce Business
Daily at least 45 days before entering into such an obligation.
(2) Agreements with people's republic of china.--The
Administrator shall certify to Congress at least 15 days in advance
of any cooperative agreement with the People's Republic of China,
or any company owned by the People's Republic of China or
incorporated under the laws of the People's Republic of China,
involving spacecraft, spacecraft systems, launch systems, or
scientific or technical information, that--
(A) the agreement is not detrimental to the United States
space launch industry; and
(B) the agreement, including any indirect technical benefit
that could be derived from the agreement, will not improve the
missile or space launch capabilities of the People's Republic
of China.
(3) Annual audit.--The Inspector General of the Administration,
in consultation with appropriate agencies, shall conduct an annual
audit of the policies and procedures of the Administration with
respect to the export of technologies and the transfer of
scientific and technical information, to assess the extent to which
the Administration is carrying out its activities in compliance
with Federal export control laws and with paragraph (2).
(b) National Interests.--
(1) Definition of united states commercial provider.--In this
subsection, the term ``United States commercial provider'' means a
commercial provider (as defined in section 30308(a) of this title),
organized under the laws of the United States or of a State (as
defined in section 30308(a) of this title), which is--
(A) more than 50 percent owned by United States nationals; or
(B) a subsidiary of a foreign company and the Secretary of
Commerce finds that--
(i) such subsidiary has in the past evidenced a
substantial commitment to the United States market
through--
(I) investments in the United States in long-term
research, development, and manufacturing (including the
manufacture of major components and subassemblies); and
(II) significant contributions to employment in the
United States; and
(ii) the country or countries in which such foreign
company is incorporated or organized, and, if appropriate,
in which it principally conducts its business, affords
reciprocal treatment to companies described in subparagraph
(A) comparable to that afforded to such foreign company's
subsidiary in the United States, as evidenced by--
(I) providing comparable opportunities for companies
described in subparagraph (A) to participate in
Government sponsored research and development similar
to that authorized under this section, section 30307,
30308, 30309, or 30702 of this title, or the National
Aeronautics and Space Administration Authorization Act
of 2000 (Public Law 106-391, 114 Stat. 1577);
(II) providing no barriers to companies described in
subparagraph (A) with respect to local investment
opportunities that are not provided to foreign
companies in the United States; and
(III) providing adequate and effective protection for
the intellectual property rights of companies described
in subparagraph (A).
(2) In general.--Before entering into an obligation described in
subsection (a), the Administrator shall consider the national
interests of the United States described in paragraph (3) of this
subsection.
(3) Description of national interests.--International cooperation
in space exploration and science activities most effectively serves
the United States national interest when it--
(A)(i) reduces the cost of undertaking missions the United
States Government would pursue unilaterally;
(ii) enables the United States to pursue missions that it
could not otherwise afford to pursue unilaterally; or
(iii) enhances United States capabilities to use and develop
space for the benefit of United States citizens;
(B) is undertaken in a manner that is sensitive to the desire
of United States commercial providers to develop or explore
space commercially;
(C) is consistent with the need for Federal agencies to use
space to complete their missions; and
(D) is carried out in a manner consistent with United States
export control laws.

9a1949927bd37992610ab5b85d937a67d077e0e7b7ae0bc0a5d07076f5a4a116

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.

f63e29f4aeebac33f4166c8d486f75fda8544ff561a9e969ac184a7c0a3f81a5

(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.

0531d17114734c0ebf91e73f81f10bfad55a64c2b1223215641f7fc7b12c8c9c

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.

d62148aa93724b112921220c14cfaa97a59286268fb53bb48ea1ae2e998efd0c

(a) Authority To Award.--The President may award, and present in the
name of Congress, a medal of appropriate design, which shall be known
as the Congressional Space Medal of Honor, to any astronaut who in the
performance of the astronaut's duties has distinguished himself or
herself by exceptionally meritorious efforts and contributions to the
welfare of the Nation and of humankind.
(b) Appropriations.--There is authorized to be appropriated from time
to time such sums of money as may be necessary to carry out the
purposes of this section.

36f3ede31d8b4c2a302ce7748b3f524491fdf8858a0845b4d225f2d8cd1018cf

(a) Short Title.--This section may be cited as the ``Charles `Pete'
Conrad Astronomy Awards Act''.
(b) Definitions.--In this section:
(1) Amateur astronomer.--The term ``amateur astronomer'' means an
individual whose employer does not provide any funding, payment, or
compensation to the individual for the observation of asteroids and
other celestial bodies, and does not include any individual
employed as a professional astronomer.
(2) Minor planet center.--The term ``Minor Planet Center'' means
the Minor Planet Center of the Smithsonian Astrophysical
Observatory.
(3) Near-earth asteroid.--The term ``near-Earth asteroid'' means
an asteroid with a perihelion distance of less than 1.3
Astronomical Units from the Sun.
(4) Program.--The term ``Program'' means the Charles ``Pete''
Conrad Astronomy Awards Program established under subsection (c).
(c) Charles ``Pete'' Conrad Astronomy Awards Program.--
(1) In general.--The Administrator shall establish the Charles
``Pete'' Conrad Astronomy Awards Program.
(2) Awards.--The Administrator shall make awards under the
Program based on the recommendations of the Minor Planet Center.
(3) Award categories.--The Administrator shall make one annual
award, unless there are no eligible discoveries or contributions,
for each of the following categories:
(A) Discovery of brightest near-earth asteroid.--The amateur
astronomer or group of amateur astronomers who in the preceding
calendar year discovered the intrinsically brightest near-Earth
asteroid among the near-Earth asteroids that were discovered
during that year by amateur astronomers or groups of amateur
astronomers.
(B) Greatest contribution to cataloguing near-earth
asteroids.--The amateur astronomer or group of amateur
astronomers who made the greatest contribution to the Minor
Planet Center's mission of cataloguing near-Earth asteroids
during the preceding year.
(4) Award amount.--An award under the Program shall be in the
amount of $3,000.
(5) Guidelines.--
(A) Citizen or permanent resident.--No individual who is not
a citizen or permanent resident of the United States at the
time of the individual's discovery or contribution may receive
an award under this section.
(B) Finality.--The decisions of the Administrator in making
awards under this section are final.
CHAPTER 311--SAFETY
Sec.
31101.  Aerospace Safety Advisory Panel.
31102.  Drug and alcohol testing.

89a67e4793c7f5c22794d4b67f132c8d87ebbd7fc9e34f3463d33eb3eb76cf76

(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.

2a4941318839711806e2a20f7fb4c5ccc22f193dee03a1d7347eb401fc235ce9

(a) Definition of Controlled Substance.--In this section, the term
``controlled substance'' means any substance under section 102(6) of
the Controlled Substances Act (21 U.S.C. 802(6)) specified by the
Administrator.
(b) Testing Program.--
(1) Employees of administration.--The Administrator shall
establish a program applicable to employees of the Administration
whose duties include responsibility for safety-sensitive, security,
or national security functions. Such program shall provide for
preemployment, reasonable suspicion, random, and post-accident
testing for use, in violation of applicable law or Federal
regulation, of alcohol or a controlled substance. The Administrator
may also prescribe regulations, as the Administrator considers
appropriate in the interest of safety, security, and national
security, for the conduct of periodic recurring testing of such
employees for such use in violation of applicable law or Federal
regulation.
(2) Employees of contractors.--The Administrator shall, in the
interest of safety, security, and national security, prescribe
regulations. Such regulations shall establish a program that
requires Administration contractors to conduct preemployment,
reasonable suspicion, random, and post-accident testing of
contractor employees responsible for safety-sensitive, security, or
national security functions (as determined by the Administrator)
for use, in violation of applicable law or Federal regulation, of
alcohol or a controlled substance. The Administrator may also
prescribe regulations, as the Administrator considers appropriate
in the interest of safety, security, and national security, for the
conduct of periodic recurring testing of such employees for such
use in violation of applicable law or Federal regulation.
(3) Suspension, disqualification, or dismissal.--In prescribing
regulations under the programs required by this subsection, the
Administrator shall require, as the Administrator considers
appropriate, the suspension, disqualification, or dismissal of any
employee to which paragraph (1) or (2) applies, in accordance with
the provisions of this section, in any instance where a test
conducted and confirmed under this section indicates that such
employee has used, in violation of applicable law or Federal
regulation, alcohol or a controlled substance.
(c) Prohibition on Service.--
(1) Prohibition unless program of rehabilitation completed.--No
individual who is determined by the Administrator under this
section to have used, in violation of applicable law or Federal
regulation, alcohol or a controlled substance after December 9,
1991, shall serve as an Administration employee with responsibility
for safety-sensitive, security, or national security functions (as
determined by the Administrator), or as an Administration
contractor employee with such responsibility, unless such
individual has completed a program of rehabilitation described in
subsection (d).
(2) Unconditional prohibition.--Any such individual determined by
the Administrator under this section to have used, in violation of
applicable law or Federal regulation, alcohol or a controlled
substance after December 9, 1991, shall not be permitted to perform
the duties that the individual performed prior to the date of the
determination, if the individual--
(A) engaged in such use while on duty;
(B) prior to such use had undertaken or completed a
rehabilitation program described in subsection (d);
(C) following such determination refuses to undertake such a
rehabilitation program; or
(D) following such determination fails to complete such a
rehabilitation program.
(d) Program for Rehabilitation.--
(1) Regulations and availability of program for contractor
employees.--The Administrator shall prescribe regulations setting
forth requirements for rehabilitation programs which at a minimum
provide for the identification and opportunity for treatment of
employees referred to in subsection (b) in need of assistance in
resolving problems with the use, in violation of applicable law or
Federal regulation, of alcohol or a controlled substance. Each
contractor is encouraged to make such a program available to all of
its employees in addition to those employees referred to in
subsection (b)(2). The Administrator shall determine the
circumstances under which such employees shall be required to
participate in such a program. Nothing in this subsection shall
preclude any Administration contractor from establishing a program
under this subsection in cooperation with any other such
contractor.
(2) Establishment and maintenance of program for administration
employees.--The Administrator shall establish and maintain a
rehabilitation program which at a minimum provides for the
identification and opportunity for treatment of those employees of
the Administration whose duties include responsibility for safety-
sensitive, security, or national security functions who are in need
of assistance in resolving problems with the use of alcohol or
controlled substances.
(e) Procedures for Testing.--In establishing the programs required
under subsection (b), the Administrator shall develop requirements
which shall--
(1) promote, to the maximum extent practicable, individual
privacy in the collection of specimen samples;
(2) with respect to laboratories and testing procedures for
controlled substances, incorporate the Department of Health and
Human Services scientific and technical guidelines dated April 11,
1988, and any subsequent amendments thereto, including mandatory
guidelines which--
(A) establish comprehensive standards for all aspects of
laboratory controlled substances testing and laboratory
procedures to be applied in carrying out this section,
including standards which require the use of the best available
technology for ensuring the full reliability and accuracy of
controlled substances tests and strict procedures governing the
chain of custody of specimen samples collected for controlled
substances testing;
(B) establish the minimum list of controlled substances for
which individuals may be tested; and
(C) establish appropriate standards and procedures for
periodic review of laboratories and criteria for certification
and revocation of certification of laboratories to perform
controlled substances testing in carrying out this section;
(3) require that all laboratories involved in the controlled
substances testing of any individual under this section shall have
the capability and facility, at such laboratory, of performing
screening and confirmation tests;
(4) provide that all tests which indicate the use, in violation
of applicable law or Federal regulation, of alcohol or a controlled
substance by any individual shall be confirmed by a scientifically
recognized method of testing capable of providing quantitative data
regarding alcohol or a controlled substance;
(5) provide that each specimen sample be subdivided, secured, and
labelled in the presence of the tested individual and that a
portion thereof be retained in a secure manner to prevent the
possibility of tampering, so that in the event the individual's
confirmation test results are positive the individual has an
opportunity to have the retained portion assayed by a confirmation
test done independently at a second certified laboratory if the
individual requests the independent test within 3 days after being
advised of the results of the initial confirmation test;
(6) ensure appropriate safeguards for testing to detect and
quantify alcohol in breath and body fluid samples, including urine
and blood, through the development of regulations as may be
necessary and in consultation with the Department of Health and
Human Services;
(7) provide for the confidentiality of test results and medical
information of employees; and
(8) ensure that employees are selected for tests by
nondiscriminatory and impartial methods, so that no employee is
harassed by being treated differently from other employees in
similar circumstances.
(f) Effect on Other Laws and Regulations.--
(1) Consistency with federal regulation.--No State or local
government shall adopt or have in effect any law, rule, regulation,
ordinance, standard, or order that is inconsistent with the
regulations promulgated under this section.
(2) Continuance of regulations issued before december 9, 1991.--
Nothing in this section shall be construed to restrict the
discretion of the Administrator to continue in force, amend, or
further supplement any regulations issued before December 9, 1991,
that govern the use of alcohol and controlled substances by
Administration employees with responsibility for safety-sensitive,
security, and national security functions (as determined by the
Administrator), or by Administration contractor employees with such
responsibility.
CHAPTER 313--HEALTHCARE
Sec.
31301.  Healthcare program.
31302.  Astronaut healthcare survey.

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The Administrator shall develop a plan to better understand the
longitudinal health effects of space flight on humans. In the
development of the plan, the Administrator shall consider the need for
the establishment of a lifetime healthcare program for Administration
astronauts and their families or other methods to obtain needed health
data from astronauts and retired astronauts.

e04a5af93799cca22b433ffc0a6aa847602aa2d18ad3601e563c0af2ea92ff93

(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.

204585c0f604521c484dd3e8267d2afbb93fc8108cbc3198ed18bfa237e87609

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.

39d1bacb22d239ce8a7b5795f9008057d67c988d4e84c6b197dfa1706465778a

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.

bb0188d87a8134baf85a2d3fe60603c3e6c558fc58d63b13be201a1f80017384

The Administration's laboratories are a critical component of the
Administration's research capabilities, and the Administrator shall
ensure that those laboratories remain productive.

1587b4d26cae947fd9345e65b4e0971377df2368831d735e3f0d1904ffaca718

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.

7cd6451d1857ae30ce727e63bc4e2d0f8541f891a9b36b110e52a7d22204e7bb

(a) In General.--The Administrator shall develop an agency-wide
enhanced-use lease policy that--
(1) is based upon sound business practices and lessons learned
from the demonstration centers; and
(2) establishes controls and procedures to ensure accountability
and protect the interests of the Government.
(b) Contents.--The policy required by subsection (a) shall include
the following:
(1) Criteria for determining economic value.--Criteria for
determining whether enhanced-use lease provides better economic
value to the Government than other options, such as--
(A) Federal financing through appropriations; or
(B) sale of the property.
(2) Security and access.--Requirement for the identification of
proposed physical and procedural changes needed to ensure security
and restrict access to specified areas, coordination of proposed
changes with existing site tenants, and development of estimated
costs of such changes.
(3) Measures of effectiveness.--Measures of effectiveness for the
enhanced-use lease program.
(4) Accounting controls.--Accounting controls and procedures to
ensure accountability, such as an audit trail and documentation to
readily support financial transactions.
Subtitle IV--Aeronautics and Space Research and Education
CHAPTER 401--AERONAUTICS
SUBCHAPTER I--GENERAL
Sec.
40101.  Definition of institution of higher education.
40102.  Governmental interest in aeronautics research and development.
40103.  Cooperation with other agencies on aeronautics activities.
40104.  Cooperation among Mission Directorates.
SUBCHAPTER II--HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT
PROGRAMS
40111.  Fundamental research program.
40112.  Research and technology programs.
40113.  Airspace systems research.
40114.  Aviation safety and security research.
40115.  Aviation weather research.
40116.  University-based Centers for Research on Aviation Training.
SUBCHAPTER III--SCHOLARSHIPS
40131.  Aeronautics scholarships.
SUBCHAPTER IV--DATA REQUESTS
40141.  Aviation data requests.
SUBCHAPTER I--GENERAL

e816eff0fa3e7c28ea7482d15e93f77b5aa3075ca81cc4b2fc024e04407f5f9d

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).

67c34a4a1b6179b7298e6054ba363a34e9bdb37b2c7e837678b915ad2a362baf

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.

de759aa595124a45ea7f7e7028c1d0565c3352e81568cbfc23a7ec0b2efadba0

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).

c1e9c0c9ecbf836d57deb8eef7fccd52553fe5b1977fc3c3c2b0309a5cc743c1

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

4f99377b72b07bb3a51418910e0001c27d86009855ee594345633b480c951b23

(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.

812ec6b3ecf5bc39bdd9bf13a46b12d98f0a05da973eb4bc1d109dbf1109ec14

(a) Supersonic Transport Research and Development.--The Administrator
may establish an initiative with the objective of developing and
demonstrating, in a relevant environment, airframe and propulsion
technologies to enable efficient, economical overland flight of
supersonic civil transport aircraft with no significant impact on the
environment.
(b) Rotorcraft and Other Runway-Independent Air Vehicles.--The
Administrator may establish a rotorcraft and other runway-independent
air vehicles initiative with the objective of developing and
demonstrating improved safety, noise, and environmental impact in a
relevant environment.
(c) Hypersonics Research.--The Administrator may establish a
hypersonics research program with the objective of exploring the
science and technology of hypersonic flight using air-breathing
propulsion concepts, through a mix of theoretical work, basic and
applied research, and development of flight research demonstration
vehicles. The program may also include the transition to the hypersonic
range of Mach 3 to Mach 5.
(d) Revolutionary Aeronautical Concepts.--The Administrator may
establish a research program which covers a unique range of subsonic,
fixed wing vehicles and propulsion concepts. This research is intended
to push technology barriers beyond current subsonic technology.
Propulsion concepts include advanced materials, morphing engines,
hybrid engines, and fuel cells.
(e) Fuel Cell-Powered Aircraft Research.--
(1) Objective.--The Administrator may establish a fuel cell-
powered aircraft research program whose objective shall be to
develop and test concepts to enable a hydrogen fuel cell-powered
aircraft that would have no hydrocarbon or nitrogen oxide emissions
into the environment.
(2) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of researchers that
may include the participation of individuals from universities,
industry, and government for the conduct of this research.
(f) Mars Aircraft Research.--
(1) Objective.--The Administrator may establish a Mars Aircraft
project whose objective shall be to develop and test concepts for
an uncrewed aircraft that could operate for sustained periods in
the atmosphere of Mars.
(2) Approach.--The Administrator may establish a program of
competitively awarded grants available to teams of researchers that
may include the participation of individuals from universities,
industry, and government for the conduct of this research.

6449b86459a189e90503597b0ee6d2a8de18571e0f6f15d3cfbc785ff965ced7

(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.

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(a) Objective.--The Aviation Safety and Security Research program
shall pursue research and development activities that directly address
the safety and security needs of the National Airspace System and the
aircraft that fly in it. The program shall develop prevention,
intervention, and mitigation technologies aimed at causal,
contributory, or circumstantial factors of aviation accidents.
(b) Alignment.--Not later than 1 year after December 30, 2005, the
Administrator shall align the projects of the Aviation Safety and
Security Research program so that they directly support the objectives
of the Joint Planning and Development Office's Next Generation Air
Transportation System Integrated Plan.

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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.

17237c75861148d69a2d6b54470c55e9a55c6974a8e8e6104d387b057a85d4f8

(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

d34c18d92909fbbb370086571b7caa28d3370178d55aa2125b14872f0c672992

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

b5f0bd865aafae6a033e6cbcf449fd455d10c9f53176fee5a4f56d428c3170cf

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.

0002acc50c923ab92e8846f2c97e8541e961e27e03a4c728b57ee44126284829

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.

9ef94f0d9aee21abe3fca8f1d322875c38875bd3955dcff2dda8f3c6c2de92cf

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.

b4fddf87f458ee5cd479593f4743feebee69fc77662bcda139c96ba71bd234ea

(a) Establishment.--The Administrator shall establish and maintain,
within the Administration, a program to be known as the national space
grant college and fellowship program. The national space grant college
and fellowship program shall consist of the financial assistance and
other activities provided for in this chapter. The Administrator shall
establish long-range planning guidelines and priorities, and adequately
evaluate the program.
(b) Functions.--Within the Administration, the program shall--
(1) apply the long-range planning guidelines and the priorities
established by the Administrator under subsection (a);
(2) advise the Administrator with respect to the expertise and
capabilities which are available through the national space grant
college and fellowship program, and make such expertise available
to the Administration as directed by the Administrator;
(3) evaluate activities conducted under grants and contracts
awarded pursuant to sections 40304 and 40305 of this title to
ensure that the purposes set forth in section 40301 of this title
are implemented;
(4) encourage other Federal departments, agencies, and
instrumentalities to use and take advantage of the expertise and
capabilities which are available through the national space grant
college and fellowship program, on a cooperative or other basis;
(5) encourage cooperation and coordination with other Federal
programs concerned with the development of space resources and
fields related to space;
(6) advise the Administrator on the designation of recipients
supported by the national space grant college and fellowship
program and, in appropriate cases, on the termination or suspension
of any such designation; and
(7) encourage the formation and growth of space grant and
fellowship programs.
(c) General Authorities.--To carry out the provisions of this
chapter, the Administrator may--
(1) accept conditional or unconditional gifts or donations of
services, money, or property, real, personal or mixed, tangible or
intangible;
(2) accept and use funds from other Federal departments,
agencies, and instrumentalities to pay for fellowships, grants,
contracts, and other transactions; and
(3) issue such rules and regulations as may be necessary and
appropriate.

8384e7f8af26be1004e95b6e5826d5262774f43849434c1dee9075cf193a1bd6

(a) Authority of Administrator.--The Administrator may make grants
and enter into contracts or other transactions under this subsection to
assist any space grant and fellowship program or project if the
Administrator finds that the program or project will carry out the
purposes set forth in section 40301 of this title. The total amount
paid pursuant to a grant or contract may equal not more than 66 percent
of the total cost of the space grant and fellowship program or project
involved, except in the case of grants or contracts paid for with funds
accepted by the Administrator pursuant to section 40303(c)(2) of this
title.
(b) Special Grants.--The Administrator may make special grants under
this subsection to carry out the purposes set forth in section 40301 of
this title. The amount of a special grant may equal up to 100 percent
of the total cost of the project involved. A special grant may be made
under this subsection only if the Administrator finds that--
(1) no reasonable means is available through which the applicant
can meet the matching requirement for a grant under subsection (a);
(2) the probable benefit of the project outweighs the public
interest in the matching requirement; and
(3) the same or equivalent benefit cannot be obtained through the
award of a contract or grant under subsection (a) or section 40305
of this title.
(c) Application.--Any person may apply to the Administrator for a
grant or contract under this section. Application shall be made in such
form and manner, and with such content and other submissions, as the
Administrator shall by regulation prescribe.
(d) Terms and Conditions.--
(1) In general.--Any grant made, or contract entered into, under
this section shall be subject to the limitations and provisions set
forth in paragraphs (2) and (3) and to such other terms,
conditions, and requirements as the Administrator considers
necessary or appropriate.
(2) Limitations.--No payment under any grant or contract under
this section may be applied to--
(A) the purchase of any land;
(B) the purchase, construction, preservation, or repair of
any building; or
(C) the purchase or construction of any launch facility or
launch vehicle.
(3) Leases.--Notwithstanding paragraph (2), the items in
subparagraphs (A), (B), and (C) of such paragraph may be leased
upon written approval of the Administrator.
(4) Records.--Any person that receives or utilizes any proceeds
of any grant or contract under this section shall keep such records
as the Administrator shall by regulation prescribe as being
necessary and appropriate to facilitate effective audit and
evaluation, including records which fully disclose the amount and
disposition by such recipient of such proceeds, the total cost of
the program or project in connection with which such proceeds were
used, and the amount, if any, of such cost which was provided
through other sources. Such records shall be maintained for 3 years
after the completion of such a program or project. The
Administrator and the Comptroller General of the United States, or
any of their duly authorized representatives, shall have access,
for the purpose of audit and evaluation, to any books, documents,
papers, and records of receipts which, in the opinion of the
Administrator or the Comptroller General, may be related or
pertinent to such grants and contracts.

9973856f35c274d1373f32f44db8d53feb8e18112e0963136b81cb925a359d18

(a) Identification of Specific Needs and Grant-Making and Contracting
Authority.--The Administrator shall identify specific national needs
and problems relating to space. The Administrator may make grants or
enter into contracts under this section with respect to such needs or
problems. The amount of any such grant or contract may equal up to 100
percent of the total cost of the project involved.
(b) Applications for Grants or Contracts.--Any person may apply to
the Administrator for a grant or contract under this section. In
addition, the Administrator may invite applications with respect to
specific national needs or problems identified under subsection (a).
Application shall be made in such form and manner, and with such
content and other submissions, as the Administrator shall by regulation
prescribe. Any grant made, or contract entered into, under this section
shall be subject to the limitations and provisions set forth in
paragraphs (2) and (4) of section 40304(d) of this title and to such
other terms, conditions, and requirements as the Administrator
considers necessary or appropriate.

3d45b7f01378511271664deb6d657b837bf050c2b224c6a40936e6a2ecb46543

(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).

3b43628d2bb217f089b34e41b6b304930c9e51a0ce65a1908c6688451061c3be

(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.

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(a) Establishment.--The Administrator shall establish an independent
committee known as the space grant review panel, which shall not be
subject to the provisions of the Federal Advisory Committee Act (5 App.
U.S.C.).
(b) Duties.--The panel shall take such steps as may be necessary to
review, and shall advise the Administrator with respect to--
(1) applications or proposals for, and performance under, grants
and contracts awarded pursuant to sections 40304 and 40305 of this
title;
(2) the space grant fellowship program;
(3) the designation and operation of space grant colleges and
space grant regional consortia, and the operation of space grant
and fellowship programs;
(4) the formulation and application of the planning guidelines
and priorities pursuant to subsections (a) and (b)(1) of section
40303 of this title; and
(5) such other matters as the Administrator refers to the panel
for review and advice.
(c) Personnel and Administrative Services.--The Administrator shall
make available to the panel any information, personnel, and
administrative services and assistance which is reasonable to carry out
the duties of the panel.
(d) Members.--
(1) Appointment.--The Administrator shall appoint the voting
members of the panel. A majority of the voting members shall be
individuals who, by reason of knowledge, experience, or training,
are especially qualified in one or more of the disciplines and
fields related to space. The other voting members shall be
individuals who, by reason of knowledge, experience, or training,
are especially qualified in, or representative of, education,
extension services, State government, industry, economics,
planning, or any other activity related to efforts to enhance the
understanding, assessment, development, or utilization of space
resources. The Administrator shall consider the potential conflict
of interest of any individual in making appointments to the panel.
(2) Chairman and vice chairman.--The Administrator shall select
one voting member to serve as the Chairman and another voting
member to serve as the Vice Chairman. The Vice Chairman shall act
as Chairman in the absence or incapacity of the Chairman.
(3) Reimbursement for expenses.--Voting members of the panel who
are not Federal employees shall be reimbursed for actual and
reasonable expenses incurred in the performance of such duties.
(4) Meetings.--The panel shall meet on a biannual basis and, at
any other time, at the call of the Chairman or upon the request of
a majority of the voting members or of the Administrator.
(5) Powers.--The panel may exercise such powers as are reasonably
necessary in order to carry out the duties enumerated in subsection
(b).

34a3370a07dd974f487b301d710aabd922b7ee4582aed0e1a476793cbcc43f0e

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.

b97a0c5329370465dcd5c131f468e5b62aebc61819421765ccd31374f5577f02

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.

057fe2416af8ec2529fce0318b877fa60a5c248c4e0d1b6134ddb56dc79b4b78

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.

b343d9fe53711157339faeb552c53014d2ab25cd7143dcbc600ad1532e48c91b

(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.

08fa032cb5b08ec0c7ccd58a09e6fe727da3d5e88c0d9c1e6b87393920ae9395

(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.

b0df1f436aab563faedc9f6807318b2f01e6f0ef0db9cf7546975a4280f19c83

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.

e19961295d0a1e71c65de2029514589cf11803764a3694989a75a9c50f7d0880

Charles "Pete" Conrad Astronomy Awards Act

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