Page:United States Statutes at Large Volume 112 Part 5.djvu/95

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PUBLIC LAW 105-303 —OCT. 28, 1998 112 STAT. 2853 the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) DEFINITION.— For purposes of this section, the term "space science data" includes scientific data concerning— (1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets; (2) microgravity acceleration; and (3) solar storm monitoring. (d) SAFETY STANDARDS.— Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (e) LIMITATION.— Th is section does not authorize the National Aeronautics and Space Administration to provide financial assistance for the development of commercial systems for the collection of space science data. SEC. 106. ADMINISTRATION OF COMMERCIAL SPACE CENTERS. The Administrator shall administer the Commercial Space Center program in a coordinated manner from National Aeronautics and Space Administration headquarters in Washington, D.C. SEC. 107. SOURCES OF EARTH SCIENCE DATA. (a) ACQUISITION. — The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost-effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from a commercial provider. (b) TREATMENT AS COMMERCIAL ITEM UNDER ACQUISITION LAWS. — Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such law and regulations, such data, services, distribution, and applications shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) STUDY.— (1) The Administrator shall conduct a study to determine the extent to which the baseline scientific requirements of Earth Science can be met by commercial providers, and how the National Aeronautics and Space Administration will meet such requirements which cannot be met by commercial providers. (2) The study conducted under this subsection shall— (A) make recommendations to promote the availability of information from the National Aeronautics and Space Administration to commercial providers to enable commercial providers to better meet the baseline scientific requirements of Earth Science; (B) make recommendations to promote the dissemination to commercial providers of information on advanced technology research and development performed by or for the National Aeronautics and Space Administration; and 42 USC 14714. 42 USC 14715.