TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
This title was enacted by Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3328
Subtitle I—General
Subtitle II—General Program and Policy Provisions
Subtitle III—Administrative Provisions
Subtitle IV—Aeronautics and Space Research and Education
Subtitle V—Programs Targeting Commercial Opportunities
Subtitle VI—Earth Observations
Subtitle VII—Access to Space
Editorial Notes
Amendments
2020—Pub. L. 116–181, §2(c)(1), Oct. 21, 2020, 134 Stat. 892, added item for chapter 606.
2018—Pub. L. 115–254, div. B, title V, §580(b)(2), Oct. 5, 2018, 132 Stat. 3396, added item for chapter 515.
2017—Pub. L. 115–10, title IV, §416(b), Mar. 21, 2017, 131 Stat. 35, struck out item for chapter 703 "Shuttle Pricing Policy for Commercial and Foreign Users".
2015—Pub. L. 114–90, title I, §117(b)(1), title III, §301(a)(2), title IV, §402(b), Nov. 25, 2015, 129 Stat. 718, 720, 722, added item for chapter 513 and substituted "Commerce" for "Commercialization" in item for chapter 507 and "Use of space launch system or alternatives" for "Use of Space Shuttle or Alternatives" in item for chapter 701.
2010—Pub. L. 111–314, §4(d)(7), Dec. 18, 2010, 124 Stat. 3443, added items for chapters 509 and 511.
| Title 15 Former Sections | Title 51 New Sections |
|---|---|
| 1511e | 50702 |
| 1535 | 50703 |
| 5601 | 60101 note |
| 5602 | 60101 |
| 5611 | 60111 |
| 5612, 5613 | Rep. |
| 5614 | 60112 |
| 5615(a), (b) | 60113 |
| 5615(c), (d) | Rep. |
| 5621 to 5625 | 60121 to 60125 |
| 5631 | 60131 |
| 5632 | 60132 |
| 5633(a) to (e) | 60133 |
| 5633(f), 5641(a) | Rep. |
| 5641(b), (c) | 60134 |
| 5651 to 5658 | 60141 to 60148 |
| 5671 | 60161 |
| 5672 | 60162 |
| 5801 | 50501 note |
| 5802 | 50501 |
| 5803(a) to (c) | 50502 |
| 5803(d) | Rep. |
| 5805 | Rep. |
| 5806 | 50503 |
| 5807 | 50504 |
| 5808 | 50506 |
| Title 42 Former Sections | Title 51 New Sections |
|---|---|
| 2451 | 20102 |
| 2452 | 20103 |
| 2453 | Rep. |
| 2454 | 20131 |
| 2455(a) | 20132 |
| 2455(b) | 20132 note |
| 2456 | 20133 |
| 2456a | 20134 |
| 2457 | 20135 |
| 2458 to 2458c | 20136 to 20139 |
| 2459 | 20140 |
| 2459a | Elim. |
| 2459b | 20141 |
| 2459c | 20142 |
| 2459d | 30301 |
| 2459e | 30302 |
| 2459f | 20143 |
| 2459f–1 | 20144 |
| 2459g | 30307 |
| 2459h | 30308(b) |
| 2459i | 30102 |
| 2459j | 20145 |
| 2459j–1 | 20145 note |
| 2459k | 20146 |
| 2459l | 20147 |
| 2460 | 30101 |
| 2461 | 30901 |
| 2463 | 30303 |
| 2464 | 70101 |
| 2464a | Elim. |
| 2465a(a) | 70102(a) |
| 2465a(b) | Rep. |
| 2465a(c) | 70102(b) |
| 2465a(d) | 70102(c) |
| 2465c | 70103(a) |
| 2465f | 70103(b) |
| 2466 to 2466c | 70301 to 70304 |
| 2467 | 40901 |
| 2467a | 40902 |
| 2467b(a), (b) | 40903(b), (c) |
| 2467b(c) | 40903(a) |
| 2471, 2471a | 20111 notes |
| 2472 | 20111 |
| 2473(a), (b) | 20112 |
| 2473(c) | 20113 |
| 2473b (1st par.) | 30304 |
| 2473b (last par.), 2473c(a) | Rep. |
| 2473c(b) | 31102 note |
| 2473c(c) to (h) | 31102 |
| 2473d | 30309 |
| 2474(a) | Rep. |
| 2474(b), (c) | 20114(a), (b) |
| 2474(d) | Rep. |
| 2475 | 20115 |
| 2475a(a), (b) | 30701(a), (b)(2) |
| 2475b | 30702 |
| 2476 | 20116 |
| 2476a | 20117 |
| 2476b | Rep. |
| 2477 | 31101 |
| 2481 to 2484 | 20161 to 20164 |
| 2486 | 40301 note |
| 2486a to 2486i | 40301 to 40309 |
| 2486k | 40310 |
| 2486l | Rep. |
| 2487 | 40501 note |
| 2487a to 2487c | 40501 to 40503 |
| 2487e | 40504 |
| 2487f | 40505 |
| 2487g | Rep. |
| 14701 | 50101 |
| 14711(a) | 50111(a) |
| 14711(b) | Rep. |
| 14712(a) | 50112 note |
| 14712(b) | 50112 |
| 14713 | 50113 |
| 14714 | 50114 |
| 14715(a), (b) | 50115(a), (b) |
| 14715(c) | Rep. |
| 14715(d), (e) | 50115(c), (d) |
| 14731 | 50131 |
| 14732 | 50132 |
| 14733(a) | 50133 |
| 14733(b), (c) | Rep. |
| 14734 | 50134 |
| 14735 | Rep. |
| 14751 | 50301 note |
| 14752 | 50302 |
| 14753 | 50301 |
| 16601 | 10101 note |
| 16611(a) | 20301 |
| 16611(b) | 20302 |
| 16611(c) to (g) | Elim. |
| 16611(h)(1) | 30103(a) |
| 16611(h)(2) | Elim. |
| 16611(i) | 30103(b) |
| 16611(j) | Elim. |
| 16611a(a) to (c) | 20303(a) to (c) |
| 16611a(d) | Elim. |
| 16611a(e) | 20303(d) |
| 16611a(f) | Elim. |
| 16611b | 30103(c) |
| 16611b note (Pub. L. 111–8, div. B, title III, 123 Stat. 589) | 30103(d) |
| 16612 | note prec. 40901 |
| 16613 | 30104 |
| 16614 | 30703 |
| 16615 | 30501 |
| 16616, 16617 | Elim. |
| 16618 | 30502 |
| 16631, 16632 | Rep. |
| 16633 | 70902 |
| 16634 | 50505 |
| 16635, 16636 | Elim. |
| 16651 | 30503 |
| 16652, 16653 | Elim. |
| 16654(a) (matter before par. (1)) | 30504(a) |
| 16654(a)(1) | Elim. |
| 16654(a)(2) | 30504(b) |
| 16654(b), 16655(1) | Elim. |
| 16655(2), (3) | 40904 |
| 16656 | 60505 |
| 16657 | Elim. |
| 16658 | 20304 |
| 16671 to 16676 | 60301 to 60306 |
| 16691 | note prec. 71101 |
| 16701 | 40101 |
| 16711 | 40102 |
| 16712(a) | Elim. |
| 16712(b) | 40103 |
| 16721(a), (b) | 40111 |
| 16721(c), (d) | Rep. |
| 16722(a) | 40701 |
| 16722(b) to (g) | 40112(a) to (f) |
| 16723 to 16725 | 40113 to 40115 |
| 16726 | Rep. |
| 16727 | 40116 |
| 16741 | 40131 |
| 16751 | 40141 |
| 16761(a), (b) | 70501(a), (b) |
| 16761(c) | Elim. |
| 16762 | 70501 note |
| 16763 | 70502 |
| 16764 | 70503 |
| 16765 | 70904 |
| 16766(1), (2) | 70903 |
| 16766(3) | Elim. |
| 16767(a), (b) | 70905(b), (c) |
| 16767(c) | Elim. |
| 16767(d) | 70905(a) |
| 16781 | 31501 |
| 16782 | 70304 note |
| 16791 | 40905 |
| 16792 | 30902 |
| 16793 | Elim. |
| 16794 | 40906 |
| 16795 | 40907 |
| 16796 | note prec. 40901 |
| 16797 | 40908 |
| 16798(a) | Elim. |
| 16798(b) | 40909 |
| 16811 | 50116 |
| 16821 | 30306 |
| 16822 | 31301 |
| 16823 | 30704 |
| 16824 | Elim. |
| 16831 | T. 42 §1886a |
| 16832 | Elim. |
| 16841 to 16850 | 70701 to 70710 |
| 17701 | 20102 note |
| 17702 | 10101 note |
| 17711 | 60501 |
| 17712(a) | Elim. |
| 17712(b) to (d) | 60502(a) to (c) |
| 17713(a) | 60503 |
| 17713(b) | Elim. |
| 17714 | 60504 |
| 17721 | 40702 |
| 17722 | 40703 |
| 17723(a) | 40704 note |
| 17723(b), (c) | 40704(a), (b) |
| 17724 | 40104 |
| 17731 | 70504 |
| 17732(a), (b) | 70505(a), (b) |
| 17732(c) | Elim. |
| 17733(a) | 70506 note |
| 17733(b) | 70506 |
| 17734 | 71301 |
| 17741 | 70507 |
| 17742 | 70508 |
| 17751(a) | 70907 |
| 17751(b) | Elim. |
| 17752 | 70906 |
| 17753 | Elim. |
| 17761 | 70501 note |
| 17771 | 50903 note |
| 17781(a) | Elim. |
| 17781(b) | 40903(d) |
| 17781(c) | 40311 |
| 17791(a) | 71101 |
| 17791(b) | Elim. |
| 17792 | 71101 note |
| 17793 to 17795 | 71102 to 71104 |
| 17801 | 50111(b) |
| 17811(a) | 31502 |
| 17811(b), (c) | Elim. |
| 17812(a) | 31503 |
| 17812(b) | Elim. |
| 17821(a) | 71302 note |
| 17821(b) | 71302 |
| 17822 | 31302 |
| 17823 | 20305 |
| 17824 | 30305 |
| 17825(a), (b) | Elim. |
| 17825(c) | 60506 |
| 17826 | Elim. |
| 17827 | 30310 |
| 17828 | 31504 |
| 17829 | 31505 |
Statutory Notes and Related Subsidiaries
Enactment of Title
Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3328, provided in part that: "Title 51, United States Code, 'National and Commercial Space Programs', is enacted as follows".
Purpose; Conformity With Original Intent
Pub. L. 111–314, §2, Dec. 18, 2010, 124 Stat. 3328, provided that:
"(a)
"(b)
Transitional and Savings Provisions
Pub. L. 111–314, §5, Dec. 18, 2010, 124 Stat. 3443, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
Repeals
Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444, repealed specified laws relating to national and commercial space programs, except with respect to rights and duties that matured, penalties that were incurred, or proceedings that were begun before Dec. 18, 2010.
1 So in original. Probably should be "Space Resource Commercial Exploration and Utilization".
2 So in original. Probably should be "Use of Space Launch System or Alternatives".
Subtitle I—General
CHAPTER 101—DEFINITIONS
§10101. Definitions
In this title:
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3329.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10101 | (no source) |
Title-wide definitions for the terms "Administration" and "Administrator" are added for clarity and convenience.
Statutory Notes and Related Subsidiaries
Short Title of 2022 Amendment
Pub. L. 117–167, div. B, title VII, §10801, Aug. 9, 2022, 136 Stat. 1730, provided that: "This title [amending sections 20145, 40112, 40903, 50111, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 20102, 20113, 20301, 20302, 40102, 40112, 40113, 60501, 70901 of this title, and preceding section 71101 of this title, amending provisions set out as notes under sections 20301 and 20302 of this title and preceding section 71101 of this title] may be cited as the 'National Aeronautics and Space Administration Authorization Act of 2022'."
Pub. L. 117–103, div. HH, title II, §201, Mar. 15, 2022, 136 Stat. 1112, provided that: "This title [amending section 20145 of this title and enacting provisions set out as a note under section 20145 of this title] may be cited as the 'NASA Enhanced-Use Leasing Extension Act of 2022'."
Short Title of 2020 Amendment
Pub. L. 116–181, §1, Oct. 21, 2020, 134 Stat. 882, provided that: "This Act [enacting chapter 606 of this title, repealing section 18388 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 60601 of this title] may be cited as the 'Promoting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow Act' or the 'PROSWIFT Act'."
Short Title of 2019 Amendment
Pub. L. 116–94, div. I, title VI, §601, Dec. 20, 2019, 133 Stat. 3027, provided that: "This title [amending section 20145 of this title] may be cited as the 'NASA Enhanced Use Leasing Extension Act of 2019'."
Short Title of 2018 Amendment
Pub. L. 115–403, §1, Dec. 31, 2018, 132 Stat. 5348, provided that: "This Act [amending section 20145 of this title] may be cited as the 'NASA Enhanced Use Leasing Extension Act of 2018'."
Short Title of 2017 Amendment
Pub. L. 115–10, §1(a), Mar. 21, 2017, 131 Stat. 18, provided that: "This Act [see Tables for classification] may be cited as the 'National Aeronautics and Space Administration Transition Authorization Act of 2017'."
Pub. L. 115–10, title IV, §441, Mar. 21, 2017, 131 Stat. 44, provided that: "This subtitle [subtitle D (§§441–443) of title IV of Pub. L. 115–10, enacting section 20149 of this title and provisions set out as notes under section 20149 of this title] may be cited as the 'To Research, Evaluate, Assess, and Treat Astronauts Act' or the 'TREAT Astronauts Act'."
Short Title of 2015 Amendment
Pub. L. 114–90, §1(a), Nov. 25, 2015, 129 Stat. 704, provided that: "This Act [enacting chapter 513 and sections 60126 and 70104 of this title, amending sections 20113, 50131, 50701, 50702, 50901, 50902, 50904 to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 20113 and 50918 of this title] may be cited as the 'U.S. Commercial Space Launch Competitiveness Act'."
Pub. L. 114–90, title I, §101, Nov. 25, 2015, 129 Stat. 705, provided that: "This title [enacting section 70104 of this title, amending sections 20113, 50131, 50901, 50902, 50904 to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of this title and sections 18351, 18353, and 18354 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 20113 and 50918 of this title] may be cited as the 'Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015' or 'SPACE Act of 2015'."
Pub. L. 114–90, title IV, §401, Nov. 25, 2015, 129 Stat. 720, provided that: "This title [enacting chapter 513 of this title] may be cited as the 'Space Resource Exploration and Utilization Act of 2015'."
Short Title of 2013 Amendment
Pub. L. 112–273, §1, Jan. 14, 2013, 126 Stat. 2454, provided that: "This Act [amending section 50915 of this title, section 18313 of Title 42, The Public Health and Welfare, and provisions set out as a note under section 1701 of Title 50, War and National Defense] may be cited as the 'Space Exploration Sustainability Act'."
Short Title of 2008 Act
Pub. L. 110–422, §1(a), Oct. 15, 2008, 122 Stat. 4779, provided that: "This Act [see Tables for classification] may be cited as the 'National Aeronautics and Space Administration Authorization Act of 2008'."
Short Title of 2005 Act
Pub. L. 109–155, §1(a), Dec. 30, 2005, 119 Stat. 2895, provided that: "This Act [see Tables for classification] may be cited as the 'National Aeronautics and Space Administration Authorization Act of 2005'."
Short Title of 2004 Act
Pub. L. 108–492, §1, Dec. 23, 2004, 118 Stat. 3974, provided that: "This Act [see Tables for classification] may be cited as the 'Commercial Space Launch Amendments Act of 2004'."
Short Title of 2002 Act
Pub. L. 107–248, title IX, §901, Oct. 23, 2002, 116 Stat. 1573, provided that: "This title [see Tables for classification] may be cited as the 'Commercial Reusable In-Space Transportation Act of 2002'."
Short Title of 2000 Act
Pub. L. 106–405, §1, Nov. 1, 2000, 114 Stat. 1751, provided that: "This Act [see Tables for classification] may be cited as the 'Commercial Space Transportation Competitiveness Act of 2000'."
Short Title of 1998 Act
Pub. L. 105–303, §1(a), Oct. 28, 1998, 112 Stat. 2843, provided that: "This Act [see Tables for classification] may be cited as the 'Commercial Space Act of 1998'."
Short Title of 1992 Act
Pub. L. 102–555, §1, Oct. 28, 1992, 106 Stat. 4163, provided that: "This Act [see Tables for classification] may be cited as the 'Land Remote Sensing Policy Act of 1992'."
Short Title of 1990 Act
Pub. L. 101–611, title II, §201, Nov. 16, 1990, 104 Stat. 3205, provided that: "This title [see Tables for classification] may be cited as the 'Launch Services Purchase Act of 1990'."
Short Title of 1987 Act
Pub. L. 100–147, title II, §201, Oct. 30, 1987, 101 Stat. 869, provided that: "This title [see Tables for classification] may be cited as the 'National Space Grant College and Fellowship Act'."
Short Title of 1958 Act
Pub. L. 85–568, title I, §101, July 29, 1958, 72 Stat. 426, provided that: "This Act [see Tables for classification] may be cited as the 'National Aeronautics and Space Act of 1958'."
Definitions
Pub. L. 117–167, div. B, title VII, §10802, Aug. 9, 2022, 136 Stat. 1730, provided that: "In this title [see Short Title of 2022 Amendment note above]:
"(1)
"(2)
"(3)
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology of the House of Representatives.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
"(13)
"(14)
"(15)
Pub. L. 115–10, §2, Mar. 21, 2017, 131 Stat. 19, provided that: "In this Act [see Tables for classification]:
"(1)
"(2)
"(3)
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology of the House of Representatives.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
Pub. L. 111–358, title II, §206, Jan. 4, 2011, 124 Stat. 3996, provided that: "In this title [amending section 18421 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 20303 of this title, preceding sections 30501 and 40901 of this title, and under section 18421 of Title 42]:
"(1)
"(2)
Pub. L. 110–422, §3, Oct. 15, 2008, 122 Stat. 4782, provided that: "In this Act [see Short Title of 2008 Act note above]:
"(1)
"(2)
"(3)
"(4)
Pub. L. 109–155, §2, Dec. 30, 2005, 119 Stat. 2897, provided that: "In this Act [see Short Title of 2005 Act note above]:
"(1)
"(2)
"(3)
Pub. L. 106–391, §3, Oct. 30, 2000, 114 Stat. 1579, provided that: "For purposes of this Act [see Tables for classification]—
"(1) the term 'Administrator' means the Administrator of the National Aeronautics and Space Administration;
"(2) 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;
"(3) the term 'critical path' means the sequence of events of a schedule of events under which a delay in any event causes a delay in the overall schedule;
"(4) the term 'grant agreement' has the meaning given that term in section 6302(2) of title 31, United States Code;
"(5) the term 'institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);
"(6) 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; and
"(7) the term 'United States commercial provider' means a commercial provider, organized under the laws of the United States or of a State, 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 Act;
"(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)."
Subtitle II—General Program and Policy Provisions
CHAPTER 201—NATIONAL AERONAUTICS AND SPACE PROGRAM
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH
Editorial Notes
Amendments
2017—Pub. L. 115–10, title III, §305(b), title IV, §443(b), Mar. 21, 2017, 131 Stat. 32, 47, added items 20148 and 20149.
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
§20101. Short title
This chapter may be cited as the "National Aeronautics and Space Act".
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3330.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20101 | (no source) |
Chapter 201 of title 51 restates the National Aeronautics and Space Act of 1958. Although short titles are generally eliminated as unnecessary in positive law titles of the United States Code, in this case it was suggested that the short title "National Aeronautics and Space Act" be provided for convenience.
§20102. Congressional declaration of policy and purpose
(a)
(b)
(c)
(d)
(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.
(10) The search for life's origin, evolution, distribution, and future in the universe.
(e)
(f)
(g)
(h)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3330; Pub. L. 115–10, title V, §507, Mar. 21, 2017, 131 Stat. 50.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20102 | 42 U.S.C. 2451. | Pub. L. 85–568, title I, §102, July 29, 1958, 72 Stat. 426; Pub. L. 94–413, §15(a), (b), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–238, title III, §311, Feb. 25, 1978, 92 Stat. 83; Pub. L. 95–401, §7, Sept. 30, 1978, 92 Stat. 860; Pub. L. 98–361, title I, §110, July 16, 1984, 98 Stat. 426; Pub. L. 100–685, title II, §214, Nov. 17, 1988, 102 Stat. 4093; Pub. L. 106–391, title III, §302(a), Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title III, §321(d)(2), Dec. 30, 2005, 119 Stat. 2923. |
In subsection (b), the words "in conformity with section 201(e)", which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of title 42 (last appearing in the 1970 edition of the United States Code), established the National Aeronautics and Space Council, with the functions of the Council specified in section 201(e). Those functions included advising the President "as he may request" with respect to promoting cooperation and resolving differences among agencies of the United States engaged in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), abolished the National Aeronautics and Space Council, including the office of Executive Secretary of the Council, together with its functions.
In subsection (c), the words "(as established by title II of this Act)", which appeared after "Administration", are omitted as unnecessary.
In subsection (d), the word "and", appearing at the end of paragraph (8), is omitted as unnecessary because of the introductory words "one or more of the following".
Editorial Notes
Amendments
2017—Subsec. (d)(10). Pub. L. 115–10 added par. (10).
Statutory Notes and Related Subsidiaries
Science Priorities
Pub. L. 117–167, div. B, title VII, §10821, Aug. 9, 2022, 136 Stat. 1740, provided that:
"(a)
"(1) a balanced and adequately funded set of activities, consisting of research and analysis grant programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery; and
"(2) the Research and Analysis programs funded by the Science Mission Directorate are critically important for—
"(A) preparing the next generation of space and Earth scientists;
"(B) pursuing peer-reviewed cutting-edge research;
"(C) maximizing scientific return from the [National Aeronautics and Space] Administration's space and Earth science missions; and
"(D) developing innovative techniques and future mission concepts.
"(b)
Congressional Findings and Policy
Pub. L. 110–422, §2, Oct. 15, 2008, 122 Stat. 4781, provided that: "The Congress finds, on this, the 50th anniversary of the establishment of the National Aeronautics and Space Administration, the following:
"(1) NASA [National Aeronautics and Space Administration] is and should remain a multimission agency with a balanced and robust set of core missions in science, aeronautics, and human space flight and exploration.
"(2) Investment in NASA's programs will promote innovation through research and development, and will improve the competitiveness of the United States.
"(3) Investment in NASA's programs, like investments in other Federal science and technology activities, is an investment in our future.
"(4) Properly structured, NASA's activities can contribute to an improved quality of life, economic vitality, United States leadership in peaceful cooperation with other nations on challenging undertakings in science and technology, national security, and the advancement of knowledge.
"(5) NASA should assume a leadership role in a cooperative international Earth observations and research effort to address key research issues associated with climate change and its impacts on the Earth system.
"(6) NASA should undertake a program of aeronautical research, development, and where appropriate demonstration activities with the overarching goals of—
"(A) ensuring that the Nation's future air transportation system can handle up to 3 times the current travel demand and incorporate new vehicle types with no degradation in safety or adverse environmental impact on local communities;
"(B) protecting the environment;
"(C) promoting the security of the Nation; and
"(D) retaining the leadership of the United States in global aviation.
"(7) Human and robotic exploration of the solar system will be a significant long-term undertaking of humanity in the 21st century and beyond, and it is in the national interest that the United States should assume a leadership role in a cooperative international exploration initiative.
"(8) Developing United States human space flight capabilities to allow independent American access to the International Space Station, and to explore beyond low Earth orbit, is a strategically important national imperative, and all prudent steps should thus be taken to bring the Orion Crew Exploration Vehicle and Ares I Crew Launch Vehicle to full operational capability as soon as possible and to ensure the effective development of a United States heavy lift launch capability for missions beyond low Earth orbit.
"(9) NASA's scientific research activities have contributed much to the advancement of knowledge, provided societal benefits, and helped train the next generation of scientists and engineers, and those activities should continue to be an important priority.
"(10) NASA should make a sustained commitment to a robust long-term technology development activity. Such investments represent the critically important 'seed corn' on which NASA's ability to carry out challenging and productive missions in the future will depend.
"(11) NASA, through its pursuit of challenging and relevant activities, can provide an important stimulus to the next generation to pursue careers in science, technology, engineering, and mathematics.
"(12) Commercial activities have substantially contributed to the strength of both the United States space program and the national economy, and the development of a healthy and robust United States commercial space sector should continue to be encouraged.
"(13) It is in the national interest for the United States to have an export control policy that protects the national security while also enabling the United States aerospace industry to compete effectively in the global market place and the United States to undertake cooperative programs in science and human space flight in an effective and efficient manner."
Pub. L. 102–195, §§2, 3, Dec. 9, 1991, 105 Stat. 1605, 1606, provided that:
"SEC. 2. FINDINGS.
"Congress finds that—
"(1) the report of the Advisory Committee on the Future of the United States Space Program has provided a framework within which a consensus on the goals of the space program can be developed;
"(2) a balanced civil space science program should be funded at a level of at least 20 percent of the aggregate amount in the budget of the National Aeronautics and Space Administration for 'Research and development' and 'Space flight, control, and data communications';
"(3) development of an adequate data base for life sciences in space will be greatly enhanced through closer scientific cooperation with the Soviet Union, including active use of manned Soviet space stations;
"(4) the space program can make substantial contributions to health-related research and should be an integral part of the Nation's health research and development program;
"(5) Landsat data and the continuation of the Landsat system beyond Landsat 6 are essential to the Mission to Planet Earth and other long-term environmental research programs;
"(6) increased use of defense-related remote sensing data and data technology by civilian agencies and the scientific community can benefit national environmental study and monitoring programs;
"(7) the generation of trained scientists and engineers through educational initiatives and academic research programs outside of the National Aeronautics and Space Administration is essential to the future of the United States civil space program;
"(8) the strengthening and expansion of the Nation's space transportation infrastructure, including the enhancement of launch sites and launch site support facilities, are essential to support the full range of the Nation's space-related activities;
"(9) the aeronautical program contributes to the Nation's technological competitive advantage, and it has been a key factor in maintaining preeminence in aviation over many decades; and
"(10) the National Aero Space Plane program can have benefits to the military and civilian aviation programs from the new and innovative technologies developed in propulsion systems, aerodynamics, and control systems that could be enormous, especially for high-speed aeronautical and space flight.
"SEC. 3. POLICY.
"It is the policy of the United States that—
"(1) the Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the 'Administrator'), in planning for national programs in environmental study and human space flight and exploration, should ensure the resiliency of the space infrastructure;
"(2) a stable and balanced program of civil space science should be planned to minimize future year funding requirements in order to accommodate a steady stream of new initiatives;
"(3) any new launch system undertaken or jointly undertaken by the National Aeronautics and Space Administration should be based on defined mission and program requirements or national policies established by Congress;
"(4) in fulfilling the mission of the National Aeronautics and Space Administration to improve the usefulness, performance, speed, safety, and efficiency of space vehicles, the Administrator should establish a program of research and development to enhance the competitiveness and cost effectiveness of commercial expendable launch vehicles; and
"(5) the National Aeronautics and Space Administration should promote and support efforts to advance scientific understanding by conducting or otherwise providing for research on environmental problems, including global change, ozone depletion, acid precipitation, deforestation, and smog."
Pub. L. 101–611, title I, §§101, 102, Nov. 16, 1990, 104 Stat. 3188, 3189, provided that:
"SEC. 101. FINDINGS.
"The Congress finds that—
"(1) over the next decade, the United States aeronautics and space program will be directed toward major national priorities of understanding, preserving, and enhancing our global environment, hypersonic transportation, human exploration, and emerging technology commercialization;
"(2) the United States aeronautics and space program is supported by an overwhelming majority of the American people;
"(3) the United States aeronautics and space program genuinely reflects our Nation's pioneer heritage and demonstrates our quest for leadership, economic growth, and human understanding;
"(4) the United States space program is based on a solid record of achievement and continues to promote the objective of international cooperation in the exploration of the planets and the universe;
"(5) the United States aeronautics and space program generates critical technology breakthroughs that benefit our economy through new products and processes that significantly improve our standard of living;
"(6) the United States aeronautics and space program excites the imagination of every generation and can stimulate the youth of our Nation toward the pursuit of excellence in the fields of science, engineering, and mathematics;
"(7) the United States aeronautics and space program contributes to the Nation's technological competitive advantage;
"(8) the United States aeronautics and space program requires a sustained commitment of financial and human resources as a share of the Nation's Gross National Product;
"(9) the United States space transportation system will depend upon a robust fleet of space shuttle orbiters and expendable and reusable launch vehicles and services;
"(10) the United States space program will be advanced with an assured funding stream for the development of a permanently manned space station with research, experimentation, observation, servicing, manufacturing, and staging capabilities for lunar and Mars missions;
"(11) the United States aeronautics program has been a key factor in maintaining preeminence in aviation over many decades;
"(12) the United States needs to maintain a strong program with respect to transatmospheric research and technology by developing and demonstrating National Aero-Space Plane technology by a mid-decade date certain;
"(13) the National Aeronautics and Space Administration is primarily responsible for formulating and implementing policy that supports and encourages civil aeronautics and space activities in the United States; and
"(14) commercial activities of the private sector will substantially and increasingly contribute to the strength of both the United States space program and the national economy.
"SEC. 102. POLICY.
"It is declared to be national policy that the United States should—
"(1) rededicate itself to the goal of leadership in critical areas of space science, space exploration, and space commercialization;
"(2) increase its commitment of budgetary resources for the space program to reverse the dramatic decline in real spending for such program since the achievements of the Apollo moon program;
"(3) ensure that the long-range environmental impact of all activities carried out under this title [see Tables for classification] are fully understood and considered;
"(4) promote and support efforts to advance scientific understanding by conducting or otherwise providing for research on environmental problems, including global change, ozone depletion, acid precipitation, deforestation, and smog;
"(5) forge a robust national space program that maintains a healthy balance between manned and unmanned space activities and recognizes the mutually reinforcing benefits of both;
"(6) maintain an active fleet of space shuttle orbiters, including an adequate provision of structural spare parts, and evolve the orbiter design to improve safety and performance, and reduce operational costs;
"(7) sustain a mixed fleet by utilizing commercial expendable launch vehicle services to the fullest extent practicable;
"(8) support an aggressive program of research and development designed to enhance the United States preeminence in launch vehicles;
"(9) continue and complete on schedule the development and deployment of a permanently manned, fully capable, space station;
"(10) develop an advanced, high pressure space suit to support extravehicular activity that will be required for Space Station Freedom when Assembly Complete is reached;
"(11) establish a dual capability for logistics and resupply of the space station utilizing the space shuttle and expendable launch vehicles, including commercial services if available;
"(12) continue to seek opportunities for international cooperation in space and fully support international cooperative agreements;
"(13) maintain an aggressive program of aeronautical research and technology development designed to enhance the United States preeminence in civil and military aviation and improve the safety and efficiency of the United States air transportation system;
"(14) conduct a program of technology maturation, including flight demonstration in 1997, to prove the feasibility of an air-breathing, hypersonic aerospace plane capable of single-stage-to-orbit operation and hypersonic cruise in the atmosphere;
"(15) seek innovative technologies that will make possible advanced human exploration initiatives, such as the establishment of a lunar base and the succeeding mission to Mars, and provide high yield technology advancements for the national economy; and
"(16) enhance the human resources of the Nation and the quality of education."
National Aeronautics and Space Capital Development Program
Pub. L. 100–685, title I, §101, Nov. 17, 1988, 102 Stat 4083, provided that: "Congress finds that—
"(1) in accordance with section 106 of the National Aeronautics and Space Administration Authorization Act of 1988 (Public Law 100–147) [set out as a note under section 70901 of this title], a space station, hereafter referred to as the United States International Space Station, shall be constructed in order to establish a permanent presence for man in space for the following purposes—
"(A) the conduct of scientific experiments, applications experiments, and engineering experiments;
"(B) the servicing, rehabilitation, and construction of satellites and space vehicles;
"(C) the development and demonstration of commercial products and processes; and
"(D) the establishment of a space base for other civilian and commercial space activities including an outpost for further exploration of the solar system;
"(2) expendable launch vehicles should be used to launch those payloads that do not require the presence of man;
"(3) the space shuttle launches should be used to fulfill the Nation's needs for manned access to space;
"(4) preeminence in space and aeronautics is key to the national security and economic well being of the United States;
"(5) United States space policy needs long-range goals and direction in order to provide understanding for near-term space projects and programs;
"(6) over the next five years the National Aeronautics and Space Administration, hereafter referred to as the 'Administration', should pursue leadership in science through an aggressive set of major and moderate missions while maintaining a robust series of cost effective missions that can provide frequent flight opportunities to the scientific community[;]
"(7) over the next five years the Administration should prepare for the transition to the United States International Space Station of those science and technology programs that can be most efficiently and effectively conducted on that facility;
"(8) the Administration should encourage the United States private sector investment in space and, to the maximum extent practicable provide frequent flight opportunities for the development of technologies, processes and products that benefit from the space environment;
"(9) the Administration should enhance the existing space transportation capability through a robust mixed fleet of manned and unmanned vehicles in order to increase the reliability, productivity, and efficiency and reduce the cost of the Nation's access to space;
"(10) the United States faces an increasingly successful foreign challenge to its traditional preeminent position in aeronautics which is rapidly reducing its lead in both civil and military aircraft;
"(11) NASA's personnel are an integral component and resource for the Nation's space program, and an innovative personnel system should be developed;
"(12) the establishment of a permanent presence in space leading ultimately to space settlements is fully consistent with the goals of the National Aeronautics and Space Act of 1958 [see 51 U.S.C. 20101 et seq.];
"(13) the United States civil space activities should contribute significantly to enhancing the Nation's scientific and technological leadership, economy, pride, and sense of well-being, as well as United States world prestige and leadership;
"(14) civil sector activities should be comprised of a balanced strategy of research, development, operations, and technology for science, exploration, and appropriate applications;
"(15) assured access to space, sufficient to achieve all United States space goals, is an essential element of United States space policy, and the United States space transportation systems must provide a balanced, robust, and flexible capability with sufficient resiliency to allow continued operation despite failures in any single system;
"(16) the goals of the United States space transportation system are—
"(A) to achieve and maintain safe and reliable access to, transportation in, and return from, space;
"(B) to exploit the unique attributes of manned and unmanned launch and recovery systems;
"(C) to encourage, to the maximum extent feasible, the development and use of United States private sector space transportation capabilities; and
"(D) to reduce the costs of space transportation and related services;
"(17) recognizing that communications advancements are critical to all United States space activities, the Administration should continue research and development efforts for future advances in space communications technologies;
"(18) the goal of aeronautical research and technology development and validation activities should be to contribute to a national technology base that will enhance United States preeminence in civil and military aviation and improve the safety and efficiency of the United States air transportation system; and
"(19) aeronautical research and technology development and validation activities should—
"(A) emphasize emerging technologies with potential for breakthrough advances;
"(B) consist of—
"(i) fundamental research in all aeronautical disciplines, aimed at greater understanding of aeronautical phenomena and development of new aeronautical concepts; and
"(ii) technology development and validation activities aimed at laboratory-scale development and proof-of-concept demonstration of selected concepts with high payoff potential;
"(C) assure maintenance of robust aeronautical laboratories, including a first-rate technical staff and modern national facilities for the conduct of research and testing activities;
"(D) be conducted with the close, active participation of the United States aircraft industry so as to accelerate the transfer of research results to aviation products;
"(E) include providing technical assistance and facility support to other government agencies and United States industry;
"(F) include conducting joint projects with other government agencies where such projects contribute materially to the goals set forth in this section;
"(G) assure strong participation of United States universities both in carrying out aeronautical research and training future aeronautical research personnel; and
"(H) be conducted, where practical, so that United States industry receives research results before foreign competitors."
Executive Documents
Space Policy Directive–5. Cybersecurity Principles for Space Systems
Space Policy Directive–5, Sept. 4, 2020, 85 F.R. 56155, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Director of National Intelligence[,] the Director of the Central Intelligence Agency[,] the Director of the National Security Agency[,] the Director of the National Reconnaissance Office[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Chairman of the Joint Chiefs of Staff[, and] the Chairman of the Federal Communications Commission
Space systems are reliant on information systems and networks from design conceptualization through launch and flight operations. Further, the transmission of command and control and mission information between space vehicles and ground networks relies on the use of radio-frequency-dependent wireless communication channels. These systems, networks, and channels can be vulnerable to malicious activities that can deny, degrade, or disrupt space operations, or even destroy satellites.
Examples of malicious cyber activities harmful to space operations include spoofing sensor data; corrupting sensor systems; jamming or sending unauthorized commands for guidance and control; injecting malicious code; and conducting denial-of-service attacks. Consequences of such activities could include loss of mission data; decreased lifespan or capability of space systems or constellations; or the loss of positive control of space vehicles, potentially resulting in collisions that can impair systems or generate harmful orbital debris.
The National Security Strategy of December 2017 states that "[t]he United States must maintain our leadership and freedom of action in space." As the space domain is contested, it is necessary for developers, manufacturers, owners, and operators of space systems to design, build, operate, and manage them so that they are resilient to cyber incidents and radio-frequency spectrum interference.
Space Policy Directive–3 (SPD–3) of June 18, 2018 (National Space Traffic Management Policy) [51 U.S.C. 71302 note], states that "[s]atellite and constellation owners should participate in a pre-launch certification process" that should consider a number of factors, including encryption of satellite command and control links and data protection measures for ground site operations.
The National Cyber Strategy of September 2018 states that my Administration will enhance efforts to protect our space assets and supporting infrastructure from evolving cyber threats, and will work with industry and international partners to strengthen the cyber resilience of existing and future space systems.
(a) "Space System" means a combination of systems, to include ground systems, sensor networks, and one or more space vehicles, that provides a space-based service. A space system typically has three segments: a ground control network, a space vehicle, and a user or mission network. These systems include Government national security space systems, Government civil space systems, and private space systems.
(b) "Space Vehicle" means the portion of a space system that operates in space. Examples include satellites, space stations, launch vehicles, launch vehicle upper stage components, and spacecraft.
(c) "Positive Control" means the assurance that a space vehicle will only execute commands transmitted by an authorized source and that those commands are executed in the proper order and at the intended time.
(d) "Critical space vehicle functions (critical functions)" means the functions of the vehicle that the operator must maintain to ensure intended operations, positive control, and retention of custody. The failure or compromise of critical space vehicle functions could result in the space vehicle not responding to authorized commands, loss of critical capability, or responding to unauthorized commands.
The United States must manage risks to the growth and prosperity of our commercial space economy. To do so and to strengthen national resilience, it is the policy of the United States that executive departments and agencies (agencies) will foster practices within Government space operations and across the commercial space industry that protect space assets and their supporting infrastructure from cyber threats and ensure continuity of operations.
The cybersecurity principles for space systems set forth in section 4 of this memorandum are established to guide and serve as the foundation for the United States Government approach to the cyber protection of space systems. Agencies are directed to work with the commercial space industry and other non-government space operators, consistent with these principles and with applicable law, to further define best practices, establish cybersecurity-informed norms, and promote improved cybersecurity behaviors throughout the Nation's industrial base for space systems.
(b) Space system owners and operators should develop and implement cybersecurity plans for their space systems that incorporate capabilities to ensure operators or automated control center systems can retain or recover positive control of space vehicles. These plans should also ensure the ability to verify the integrity, confidentiality, and availability of critical functions and the missions, services, and data they enable and provide. At a minimum, space system owners and operators should consider, based on risk assessment and tolerance, incorporating in their plans:
(i) Protection against unauthorized access to critical space vehicle functions. This should include safeguarding command, control, and telemetry links using effective and validated authentication or encryption measures designed to remain secure against existing and anticipated threats during the entire mission lifetime;
(ii) Physical protection measures designed to reduce the vulnerabilities of a space vehicle's command, control, and telemetry receiver systems;
(iii) Protection against communications jamming and spoofing, such as signal strength monitoring programs, secured transmitters and receivers, authentication, or effective, validated, and tested encryption measures designed to provide security against existing and anticipated threats during the entire mission lifetime;
(iv) Protection of ground systems, operational technology, and information processing systems through the adoption of deliberate cybersecurity best practices. This adoption should include practices aligned with the National Institute of Standards and Technology's Cybersecurity Framework to reduce the risk of malware infection and malicious access to systems, including from insider threats. Such practices include logical or physical segregation; regular patching; physical security; restrictions on the utilization of portable media; the use of antivirus software; and promoting staff awareness and training inclusive of insider threat mitigation precautions;
(v) Adoption of appropriate cybersecurity hygiene practices, physical security for automated information systems, and intrusion detection methodologies for system elements such as information systems, antennas, terminals, receivers, routers, associated local and wide area networks, and power supplies; and
(vi) Management of supply chain risks that affect cybersecurity of space systems through tracking manufactured products; requiring sourcing from trusted suppliers; identifying counterfeit, fraudulent, and malicious equipment; and assessing other available risk mitigation measures.
(c) Implementation of these principles, through rules, regulations, and guidance, should enhance space system cybersecurity, including through the consideration and adoption, where appropriate, of cybersecurity best practices and norms of behavior.
(d) Space system owners and operators should collaborate to promote the development of best practices, to the extent permitted by applicable law. They should also share threat, warning, and incident information within the space industry, using venues such as Information Sharing and Analysis Centers to the greatest extent possible, consistent with applicable law.
(e) Security measures should be designed to be effective while permitting space system owners and operators to manage appropriate risk tolerances and minimize undue burden, consistent with specific mission requirements, United States national security and national critical functions, space vehicle size, mission duration, maneuverability, and any applicable orbital regimes.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
The National Space Policy
Memorandum of President of the United States, Dec. 9, 2020, 85 F.R. 81755, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of the Interior[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[,] the Director of National Intelligence[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[, and] the Chairman of the Joint Chiefs of Staff
a) Presidential Policy Directive 26—National Space Transportation Policy (November 21, 2013)
b) Executive Order 13803—Reviving the National Space Council (June 30, 2017) [51 U.S.C. 20111 note]
c) Space Policy Directive 1—Reinvigorating America's Human Space Exploration Program (December 11, 2017) [82 F.R. 59501]
d) The National Space Strategy (March 23, 2018)
e) Space Policy Directive 2—Streamlining Regulations on Commercial Use of Space (May 24, 2018) [51 U.S.C. 50101 note]
f) Space Policy Directive 3—National Space Traffic Management Policy (June 18, 2018) [51 U.S.C. 71302 note]
g) Space Policy Directive 4—Establishment of the United States Space Force (February 19, 2019) [10 U.S.C. 9081 note]
h) National Security Presidential Memorandum 20—Launch of Spacecraft Containing Space Nuclear Systems (August 20, 2019)
i) Executive Order 13906—Amending Executive Order 13803—Reviving the National Space Council (February 13, 2020)
j) Executive Order 13905—Strengthening National Resilience Through Responsible Use of Positioning, Navigation, and Timing Services (February 12, 2020) [6 U.S.C. 651 note]
k) Executive Order 13914—Encouraging International Support for the Recovery and Use of Space Resources (April 6, 2020) [51 U.S.C. 51302 note]
l) Space Policy Directive 5—Cybersecurity Principles for Space Systems (September 4, 2020) [set out above]
1. It is the shared interest of all nations to act responsibly in space to ensure the safety, stability, security, and long-term sustainability of space activities. Responsible space actors operate with openness, transparency, and predictability to maintain the benefits of space for all humanity.
2. A robust, innovative, and competitive commercial space sector is the source of continued progress and sustained United States leadership in space. The United States remains committed to encouraging and facilitating the continued growth of a domestic commercial space sector that is globally competitive, supports national interests, and advances United States leadership in the generation of new markets and innovation-driven entrepreneurship.
3. In this resurgent era of space exploration, the United States will expand its leadership alongside nations that share its democratic values, respect for human rights, and economic freedom. Those values will extend with us to all space destinations as the United States once again steps beyond Earth, starting with the Moon and continuing to Mars.
4. As established in international law, outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means. The United States will pursue the extraction and utilization of space resources in compliance with applicable law, recognizing those resources as critical for sustainable exploration, scientific discovery, and commercial operations.
5. All nations have the right to explore and to use space for peaceful purposes and for the benefit of all humanity, in accordance with applicable law. Consistent with that principle, the United States will continue to use space for national security activities, including for the exercise of the inherent right of self-defense. Unfettered access and freedom to operate in space is a vital national interest.
6. The United States considers the space systems of all nations to have the right to pass through and conduct operations in space without interference. Purposeful interference with space systems, including supporting infrastructure, will be considered an infringement of a nation's rights. Consistent with the defense of those rights, the United States will seek to deter, counter, and defeat threats in the space domain that are hostile to the national interests of the United States and its allies. Any purposeful interference with or an attack upon the space systems of the United States or its allies that directly affects national rights will be met with a deliberate response at a time, place, manner, and domain of our choosing.
1. Promote and incentivize private industry to facilitate the creation of new global and domestic markets for United States space goods and services, and strengthen and preserve the position of the United States as the global partner of choice for international space commerce.
2. Encourage and uphold the rights of nations to use space responsibly and peacefully by developing and implementing diplomatic, economic, and security capabilities and strategies to identify and respond to behaviors that threaten those rights.
3. Lead, encourage, and expand international cooperation on mutually beneficial space activities that broaden and extend the benefits of space for all humanity; further the exploration and use of space for peaceful purposes; protect the interests of the United States, its allies, and partners; advance United States interests and values; and enhance access to space-derived information and services.
4. Create a safe, stable, secure, and sustainable environment for space activities, in collaboration with industry and international partners, through the development and promotion of responsible behaviors; improved practices for the collection and sharing of information on space objects; protection of critical space systems and supporting infrastructures, with special attention to cybersecurity and supply chains; and measures to mitigate orbital debris.
5. Increase the assurance of national critical functions enabled by commercial, civil, scientific, and national security spacecraft and supporting infrastructure against disruption, degradation, and destruction through the development and fielding of materiel and non-materiel capabilities and rehearsal of continuity of operations practices.
6. Extend human economic activity into deep space by establishing a permanent human presence on the Moon, and, in cooperation with private industry and international partners, develop infrastructure and services that will enable science-driven exploration, space resource utilization, and human missions to Mars.
7. Increase the quality of life for all humanity through the cultivation, maturation, and development of space-enabled scientific and economic capabilities, including space and Earth resource discovery, management, and utilization; space and Earth weather and environmental monitoring and prediction; disaster monitoring, prediction, response, and recovery; and planetary defense.
8. Preserve and expand United States leadership in the development of innovative space technologies, services, and operations. Work with likeminded international and private partners, to prevent the transfer of sensitive space capabilities to those who threaten the interests of the United States, its allies, and its supporting industrial base.
Heads of agencies with representation on the National Space Council shall designate a senior official with responsibility for overseeing their respective agency's implementation of the National Space Policy. This official shall periodically report to the National Space Council on the progress of implementation of this policy within respective agencies.
1. Foundational Activities and Capabilities. Foundational activities and capabilities enable the United States to fulfill the principles and goals directed in this policy.
(a) Strengthen United States Leadership in Space-related Science and Technology. Heads of agencies shall:
i. Reinforce United States technological leadership by promoting technology development; improved industrial capacity; a robust supplier base; and science, technology, engineering, and mathematics (STEM) education opportunities necessary to support United States leadership in space innovation;
ii. Conduct basic and applied research that increases space capabilities and decreases costs, if such research is best supported by the Government; and
iii. Encourage commercial space innovation and entrepreneurship through targeted investment in promising technologies that improve the Nation's leadership in space operations.
(b) Strengthen and Secure the United States Space Industrial Base. To further foster the security and resilience of the domestic space industrial base, heads of agencies, to the maximum extent practicable and consistent with applicable law, shall:
i. Promote the availability of space-related industrial capabilities in support of national critical functions;
ii. Identify suppliers and manufacturers key to the United States space-related science, technology, and industrial bases and incentivizing them to remain in, or return to, the United States;
iii. Support innovative entrepreneurial space companies through appropriate deregulatory actions;
iv. Strengthen the security, integrity, and reliability of the supply chains of United States space-related science, technology, and industrial bases by identifying and eliminating dependence on suppliers owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries, and engaging with United States and international industrial partners to improve processes and effectively manage and secure supply chains; and
v. Incorporate cybersecurity principles across all phases of space systems design, development, acquisition, and deployment.
(c) Enhance Capabilities for Assured Access to Space. United States access to space depends in the first instance on assured launch capabilities. To the extent consistent with applicable law, United States Government payloads shall be launched on vehicles manufactured in the United States, unless approved for foreign launch in support of:
i. No-exchange-of-funds agreements involving international scientific programs, launches of scientific instruments on international spacecraft, or other cooperative government-to-government agreements;
ii. Launches of secondary-technology demonstrators or scientific payloads for which no United States launch service is available;
iii. Hosted payload arrangements on spacecraft not owned by the United States Government; or
iv. Other circumstances on a case-by-case exemption as coordinated by the Assistant to the President for National Security Affairs and the Director of the Office of Science and Technology Policy, consistent with established interagency standards and coordination guidelines.
v. To the maximum extent practicable and consistent with their responsibilities and applicable law, the heads of agencies shall:
1. Work collaboratively to acquire space launch services and hosted Government payload arrangements that are secure, reliable, cost-effective, and responsive to United States Government needs;
2. Enhance operational efficiency, increase capacity, and reduce launch costs by investing in the modernization of space launch infrastructure;
3. Permit the launch of United States Government spacecraft manufactured in the United States from territories of allied and likeminded nations when launched on vehicles manufactured in the United States; and
4. When sufficient United States commercial capabilities and services do not exist, support industry-led efforts to rapidly develop new and modernized launch systems and technologies necessary to assure and to sustain future reliable, resilient, and efficient access to space.
(d) Safeguard Space Components of Critical Infrastructure. The space domain is important to the function of critical infrastructure vital to the security, economy, resilience, public health, and safety of the United States. Multiple infrastructure sectors depend on reliable access to space-based systems to perform their functions.
i. The United States will develop strategies, capabilities, and options to respond to any purposeful interference with or attack on the space systems of the United States or its allies that directly affects national rights, especially those necessary for the operation of the Nation's critical infrastructure. Such strategies, capabilities, and options will allow for a deliberate response at a time, place, manner, and domain of its choosing.
ii. The Secretary of Defense, the Secretary of Homeland Security, and the Director of National Intelligence, in consultation with other heads of agencies, as appropriate, shall develop and maintain focused threat and risk assessments on the effect of deleterious actions in the space domain to the Nation's critical infrastructure.
(e)
i. Provide continuous worldwide access, for peaceful civil uses, to the Global Positioning System (GPS) and its Government-provided augmentations, free of direct user fees;
ii. Engage with international GNSS providers to ensure compatibility, encourage interoperability with likeminded nations, promote transparency in civil service provision, and enable market access for United States industry;
iii. Operate and maintain the GPS constellation to satisfy civil and national security needs, consistent with published performance standards and interface specifications;
iv. Improve the cybersecurity of GPS, its augmentations, and federally owned GPS-enabled devices, and foster commercial space sector adoption of cyber-secure GPS enabled systems consistent with cybersecurity principles for space systems;
v. Allow for the continued use of allied and other trusted international PNT services in conjunction with GPS in a manner that ensures the resilience of PNT services and is consistent with applicable law;
vi. Invest in domestic capabilities and support international activities to detect, analyze, mitigate, and increase resilience to harmful interference to GNSS;
vii. Identify and promote, as appropriate, multiple and diverse complementary PNT systems or approaches for critical infrastructure and mission-essential functions; and
viii. Promote the responsible use of United States space-based PNT services and capabilities in civil and commercial sectors at the Federal, State, and local levels, including the utilization of multiple and diverse complementary PNT systems or approaches for national critical functions.
(f) Develop and Retain Space Professionals. The primary goals of space professional development are to achieve mission success in space operations and acquisition; stimulate innovation to improve commercial, civil, and national security space capabilities; and advance science, exploration, and discovery. Toward these ends, the heads of agencies, in cooperation with industry and academia, as appropriate, shall:
i. Establish standards for accession and career progression;
ii. Seek to create educational and professional development opportunities for the current space workforce, including internships and fellowships, and to implement measures to recruit, develop, maintain, and retain skilled space professionals, including engineering and scientific personnel and experienced space system developers and operators, across Government and commercial sectors;
iii. Promote and expand public-private partnerships within space and technology industries to foster transdisciplinary educational achievement in STEM programs, supported by targeted investments in such initiatives;
iv. Promote the exchange of scientists, engineers, and technologists among Federal laboratories, universities, and the commercial space sector to facilitate the exchange of diverse ideas and to build capacity in space technical knowledge and skills;
v. Develop the means to recruit and to employ qualified and skilled space professionals from likeminded nations to increase United States leadership in space commerce, science, exploration, and security; and
vi. Support training and education in key enabling scientific and engineering disciplines, including: artificial intelligence and machine learning, autonomy, orbital mechanics, collision avoidance methods, robotics, computer science and engineering, digital design and engineering, electromagnetics, materials science, hypersonics, geoscience, quantum-related technologies and applications, and cybersecurity.
(g) Improve Space System Development and Procurement. The heads of agencies shall:
i. Improve timely acquisition and deployment of space systems through enhancements in estimating costs, assessing technological risk and maturity, and leveraging and understanding emerging industrial base capabilities and capacity;
ii. Reduce programmatic risk through improved management of program requirements, reduce the use of cost-plus contracts, where appropriate, and take advantage of cost-effective opportunities to test high-risk components, payloads, and technologies in digital, space, or other relevant environments;
iii. Create opportunities to strengthen and to develop pertinent expertise in the Government workforce through internships and fellowships with the commercial space sector;
iv. Pursue and endorse cooperative research and development agreements;
v. Incorporate rapid prototyping, experimentation, and other efforts to accelerate development cycles to improve performance and to reduce costs;
vi. Embrace innovation to cultivate and to sustain an entrepreneurial United States research and development environment;
vii. Engage with the industrial base to improve processes and effectively manage and secure supply chains; and
viii. Promote, where consistent with applicable rules and regulations concerning Government contracting, procurement of critical materials and sub-tier components, such as solar cells and microelectronics, from domestic and other trusted sources of supply.
(h) Strengthen Interagency and Commercial Partnerships. As facilitated by the Executive Secretary of the National Space Council, the heads of agencies shall, consistent with applicable law:
i. Strengthen existing partnerships and pursue new partnerships among interagency members, the United States commercial space and related sectors, and United States academic institutions through cooperation, collaboration, information sharing, innovative procurements, and alignment of common pursuits to achieve United States goals;
ii. Encourage the sharing of capabilities and the exchange of expertise among agencies and, to the maximum extent practicable, with the United States commercial sectors to strengthen the Nation's ability to pursue its strategic goals;
iii. Develop implementation and response strategies and leverage United States capabilities to increase technology innovation and achieve desired outcomes involving space operations relating to science, public safety, national security, and economic growth.
2. International Cooperation.
(a) Strengthen United States Leadership in Space. The heads of agencies, in collaboration with the Secretary of State, shall:
i. Demonstrate United States leadership in space-related fora and activities to strengthen deterrence and assure allies and partners of its commitment to preserving the safety, stability, security, and long-term sustainability of space activities;
ii. Identify areas of mutual interest and benefit, such as collective self-defense and the promotion of secure and resilient space-related infrastructure;
iii. Lead the enhancement of safety, stability, security, and long-term sustainability in space by promoting a framework for responsible behavior in outer space, including the pursuit and effective implementation of best practices, standards, and norms of behavior;
iv. Encourage other nations to adopt United States space regulatory approaches and commercial space sector practices;
v. Encourage interoperability among United States, allied, and partner space systems, services, and data;
vi. Facilitate new market opportunities for United States commercial space capabilities and services, including commercial applications that rely on United States Government-provided space systems;
vii. Promote the adoption of policies and practices internationally that facilitate full, open, and timely access to Government space-derived environmental data on a reciprocal basis;
viii. Promote appropriate burden-, cost-, and risk-sharing among international partners; and
ix. Augment United States capabilities by leveraging existing and planned space capabilities of allies and partners.
(b) Identify and Expand Areas for International Cooperation. The heads of agencies shall identify potential areas for international cooperation across the spectrum of commercial, civil, and national security space activities that increase the understanding of Earth and space sciences, expand the detection of hazardous near-Earth objects, ensure the freedom of operation in and through space, increase the quality and safety of life on Earth, extend human presence and economic activity beyond low Earth orbit, and reduce the cost of achieving the Nation's goals.
i. The Secretary of State, in coordination with the heads of agencies, shall:
1. Carry out diplomatic and public diplomacy efforts to strengthen the understanding of, and support for, United States national space policies and programs and to promote the international use of United States space capabilities, systems, and services;
2. Encourage international support for the recovery and use of outer space resources;
3. Lead the consideration of proposals and concepts for arms control measures if they are equitable, effectively verifiable, and enhance the national security of the United States and its allies;
4. Pursue bilateral and multilateral transparency and confidence-building measures to encourage responsible actions in, and the peaceful use of, outer space to strengthen the safety, stability, security, and long-term sustainability of space activities, to increase predictability and reduce the risk of misunderstanding and inadvertent conflict escalation; and
5. Cooperate with likeminded international partners to establish standards of safe and responsible behavior, including openness, transparency, and predictability, to facilitate the detection, identification, and attribution of actions in space that are inconsistent with the safety, stability, security, and long-term sustainability of space activities.
ii. The Director of the Office of Science and Technology Policy, in coordination with the Administrator of the National Aeronautics and Space Administration (NASA), the Secretary of Commerce, and the heads of other agencies as appropriate, shall lead the development of national and international planetary protection guidelines, working with scientific, commercial, and international partners, for the appropriate protection of planetary bodies and Earth from harmful biological contamination.
3. Preserving the Space Environment to Enhance the Long-term Sustainability of Space Activities.
(a) Preserve the Space Environment. To preserve the space environment for responsible, peaceful, and safe use, and with a focus on minimizing space debris the United States shall:
i. Continue leading the development and adoption of international and industry standards and policies, such as the Guidelines for the Long-term Sustainability of Outer Space Activities and the Space Debris Mitigation Guidelines of the United Nations Committee on the Peaceful Uses of Outer Space;
ii. Continue to make available basic space situational awareness (SSA) data, and provide for basic space traffic coordination (including conjunction and reentry notifications), free of direct user fees while supporting new opportunities for United States commercial and non-profit products and services;
iii. Develop, maintain, and use SSA information from commercial, civil, and national security sources in an open architecture data repository to detect, identify, and attribute actions in space that are inconsistent with the safety, stability, security, and the long-term sustainability of space activities;
iv. Develop and maintain space flight safety standards and best practices to coordinate space traffic;
v. Ensure that, consistent with international obligations, timely and accurate information concerning United States space objects launched into Earth orbit or beyond is entered into the United States domestic space object registry maintained by the Secretary of State and internationally registered with the United Nations as soon as practicable;
vi. Limit the creation of new debris, consistent with mission requirements and cost effectiveness, during the procurement and operation of spacecraft, launch services, and conduct of tests and experiments in space by following and periodically updating the United States Government Orbital Debris Mitigation Standard Practices;
vii. Regularly assess existing guidelines for non-government activities in or beyond Earth orbit, and maintain a timely and responsive regulatory environment for licensing those activities, consistent with United States law and international obligations;
viii. Pursue research and development of technologies and techniques to characterize and to mitigate risks from orbital debris, reduce hazards, and increase understanding of the current and future debris environment;
ix. Evaluate and pursue, in coordination with allies and partners, active debris removal as a potential long-term approach to ensure the safety of flight in key orbital regimes;
x. Require approval of exceptions to the United States Government Orbital Debris Mitigation Standard Practices from the head of the sponsoring agency and notification to the Secretary of State; and
xi. Continue to foster the development of best practices to prevent on-orbit collisions by collaborating with the commercial space sector and likeminded nations to: maintain and improve space object databases; pursue common international data standards and integrity measures; provide services and disseminate orbital tracking information, including predictions of space-object conjunctions, to commercial and international entities; and expand SSA to deep space.
(b) Effective Export Policies.
i. The United States will work to stem the flow of advanced space technology to unauthorized parties while ensuring the competitiveness of the United States space industrial base. The heads of agencies are responsible for protecting against adverse technology transfer in the conduct of their programs.
ii. The United States Government shall:
1. Consider letters of request and the issuance of licenses for space-related exports on a case-by-case basis, pursuant to, and in accordance with, the International Traffic in Arms Regulations (ITAR), the Conventional Arms Transfer Policy, the Export Administration Regulations, and other applicable laws and commitments;
2. Encourage the export of space-related items when doing so would not threaten the national interest;
3. Make eligible for streamlined authorization the export of space-related items that are generally available in the global marketplace, do not provide critical military functions, and are destined for certain allied or partner countries.
iii. Consistent with the foregoing, and consistent with existing law and regulation, license applications for exports of space-related items will be subject to a presumption of denial when destined for arms-embargoed destinations or other embargoed destinations.
iv. Sensitive or advanced spacecraft-related exports may require government-to-government transfers through the Foreign Military Sales process. The Secretary of State shall determine whether current arms transfer and nonproliferation policy directives provide sufficient guidance for the transfer of emerging technologies and space capabilities.
(c) Space Nuclear Power and Propulsion.
i. The United States will develop and use space nuclear power and propulsion (SNPP) systems where such systems enable achievement of United States scientific, national security, and commercial objectives. The United States will adhere to principles of safety, stability, security, and long-term sustainability in its development and utilization of space nuclear systems. In accordance with the National Security Policy Memorandum–20 Presidential Memorandum on Launch of Spacecraft Containing Space Nuclear Systems (August 20, 2019), authorization for launches of spacecraft containing space nuclear systems shall follow a tiered process based on the characteristics of the system, level of potential hazard, and national security considerations.
ii. The Administrator of NASA and the Secretary of Defense shall conduct and support design, development, and utilization of space nuclear systems, as appropriate, to enable and achieve their respective mission objectives.
iii. The Secretary of Energy shall support the design, development, and utilization of SNPP systems to enable and achieve the scientific, exploration, and national security objectives of the United States, in coordination with sponsoring agencies and other entities, as appropriate. The Secretary of Energy shall maintain, on a full cost recovery basis, the capability and infrastructure to develop, furnish, and conduct safety analyses for space nuclear systems for use in United States Government space systems.
iv. The Secretary of Energy, in cooperation with the Secretary of Homeland Security and the heads of appropriate agencies, shall provide technical and operational support to the launch of SNPP systems to prepare for and respond to any potential radiological impacts of a launch to ensure the protection of public health and safety.
v. The Secretary of Commerce, in coordination with other appropriate agencies, shall promote responsible United States commercial space nuclear system investment, innovation, and operations.
vi. The Secretary of Transportation shall, in consultation with other applicable agencies, serve as the licensing authority for commercial launches of space nuclear systems.
(d) Protection of Electromagnetic Spectrum. In matters pertaining to the electromagnetic spectrum the United States shall:
i. Seek to protect access to, and operation in, the electromagnetic spectrum and related orbital assignments required to support the use of space by the United States Government, its allies, and partners, and United States commercial users;
ii. Preserve and protect the electromagnetic spectrum required to sustain existing and emergent space-based capabilities, including communications, navigation, and Earth observation;
iii. Explicitly address requirements for electromagnetic spectrum and orbital assignments prior to approving acquisition of space capabilities;
iv. Coordinate stable and predictable national and international regulatory frameworks to enable and support the competitiveness of space services and systems licensed by the United States;
v. Seek to remove or to streamline regulatory impediments that may discourage commercial space communications providers from obtaining licenses from the United States;
vi. Conduct and publish thorough operational, technical, and policy impact assessments, in coordination with Government space system operators, prior to reallocating spectrum for commercial, Government, or shared use;
vii. Enhance capabilities and techniques, in cooperation with commercial, civil, and international partners, to detect, identify, locate, and attribute sources of radio frequency interference, and to take necessary measures to sustain the electromagnetic environment in which critical United States space systems operate;
viii. Seek appropriate regulatory approval under United States domestic regulations for United States Government Earth stations operating with commercially owned satellites, consistent with the regulatory approvals granted to analogous commercial Earth stations; and
ix. Prioritize research and development of advanced technologies, innovative spectrum-utilization methods, and spectrum-sharing tools and techniques that increase spectrum access, efficiency, and effectiveness.
(e) Cybersecurity for United States Space Systems. In matters relating to cybersecurity for space systems the United States Government shall:
i. Seek to ensure space systems and their supporting infrastructure, including software, are designed, developed, and operated using risk-based, cybersecurity-informed engineering;
ii. Collaborate with industry and encourage development and integration of cybersecurity plans for space systems that mitigate unauthorized access to critical space system functions, reduce vulnerabilities, protect ground systems, promote cybersecurity hygiene practices, and manage supply chain risks;
iii. Collaborate with interagency, allied, partner, and commercial space system operators to promote the development and adoption of best practices and mitigations;
iv. Leverage widely adopted best practices and standards in the creation of rules and regulations, as appropriate; and
v. Determine appropriate cybersecurity measures for Government space systems through a mission risk assessment specific to a space system's design and operations.
(f) Assurance of National Critical Functions. The United States Government, in cooperation with private and public sectors, shall:
i. Assure space-enabled national critical functions by developing the techniques, measures, relationships, and capabilities necessary to maintain continuity of services;
ii. Pursue efforts to enhance the protection, cybersecurity, and resilience of selected spacecraft and supporting infrastructure;
iii. Periodically conduct operationally-focused exercises to test the continuity of national critical functions and Federal mission assurance in a degraded or denied space environment due to natural or manmade disruptions;
iv. Incorporate the simulated disruption of space systems into interagency and national exercises; and
v. Address mission assurance and architectural resilience through the design, acquisition, command and control, exercise, and operation of materiel and non-materiel space and non-space capabilities.
1. Commercial Space Guidelines.
The term "commercial," for the purposes of this policy, refers to goods, services, or activities provided by private sector enterprises that bear a reasonable portion of the investment risk and responsibility for the activity, operate in accordance with typical market-based incentives for controlling cost and optimizing return on investment, and have the legal capacity to offer those goods or services to existing or potential non-governmental customers.
A United States commercial space sector that leads in the global space marketplace is foundational to national strategic objectives that include increased and sustained prosperity, free market principles, enhanced international partnerships and collaboration, technological innovation, and scientific discovery, and is vital to United States and allied security.
(a) Promoting a Robust Commercial Space Industry. To promote a robust domestic commercial space industry and strengthen United States leadership as the country of choice for conducting commercial space activities, the heads of agencies shall:
i. Purchase and use United States commercial space capabilities and services, to the maximum practical extent under existing law, when such capabilities and services meet United States Government requirements;
ii. Prioritize partnerships with commercial industry to meet Government requirements through the modification of existing commercial space capabilities and services when potential system modifications represent a cost-effective and timely acquisition approach for the Government and are consistent with system and mission-security practices and principles;
iii. Consider inventive, nontraditional arrangements for acquiring commercial space goods and services to meet United States Government requirements, including measures such as hosting Government capabilities on commercial spacecraft, purchasing scientific or operational data from commercial satellite operators in support of Government missions, leveraging satellite servicing or on-orbit manufacturing, and public-private partnerships;
iv. Develop Government space systems only when in the national interest and no suitable or cost-effective United States commercial or, as appropriate, international commercial capability or service is available or could be available in time to meet Government requirements;
v. Refrain from conducting United States Government space activities that preclude, discourage, or compete with United States commercial space activities, unless required by national security or public safety;
vi. Pursue opportunities for transferring routine operational space functions to the commercial space sector where beneficial and cost-effective and consistent with legal, security, or safety needs;
vii. Cultivate increased technological innovation and entrepreneurship and provide alternatives to predatory foreign investment in the commercial space sector through the use of incentives such as prizes, competitions, and competitive grants;
viii. Ensure that United States Government space technology and infrastructure are made available for commercial use on a reimbursable, non-interference and equitable basis to the maximum practical extent, consistent with applicable laws and national security interests;
ix. Promote continued commercial United States leadership in space by making available, consistent with applicable laws and national security, commercially relevant technologies developed by Federal research and development programs to United States industry;
x. Create transparent regulatory processes that minimize, consistent with national security and public safety, the regulatory burden and uncertainty for commercial space activities and that are flexible so as to accommodate and to adapt to technical development, business innovation, and market demands;
xi. Encourage State and local governments to support the commercial space sector for the purposes of cultivating a technically skilled work force, diversifying innovation potential, and stimulating economic growth;
xii. Foster fair and open global trade and commerce through the promotion of standards and regulations that have been developed with input from United States industry;
xiii. Encourage the purchase and use of United States commercial space services and capabilities in international cooperative arrangements;
xiv. Encourage the growth of United States commercial human space exploration, including logistical provisioning, delivery, and the continued commercialization of operations in and beyond low Earth orbit, and the use of microgravity as a domain for research and development; and
xv. Promote the export of United States commercial space goods and services, including those developed by small and medium-sized enterprises, for use in international markets, consistent with United States export controls and national security objectives.
(b) International Trade Agreements. The United States Trade Representative (USTR) has the primary responsibility for international trade agreements to which the United States is a party. USTR, in consultation with other relevant heads of agencies, will lead any effort relating to the negotiation and implementation of trade disciplines governing trade in goods and services related to space.
(c) Mission Authorization of Novel Activities. The Secretary of Commerce, in coordination with the National Space Council, shall:
i. Identify whether any planned space activities fall beyond the scope of existing authorization and supervision processes necessary to meet international obligations; and
ii. Lead, if necessary, the development of minimally burdensome, responsive, transparent, and adaptive review, authorization, and supervision processes for such activities, consistent with national security and public safety interests, with a presumption of approval and prompt appeals process.
(d) Foster the Development of Space Collision Warning Measures. The Secretary of Commerce, in consultation with the Secretaries of State, Defense, and Transportation, the Administrator of NASA, and the heads of other agencies, shall collaborate, consistent with applicable law, with industry and foreign nations to:
i. Maintain and improve space object identification databases;
ii. Pursue common international data standards and data integrity measures;
iii. Disseminate orbital tracking information to commercial and international entities, including predictions of space object conjunctions;
iv. Enhance the common understanding of resident space objects;
v. Develop and implement standard practices for conjunction assessment operations to ensure the safety of flight of all space operations, across all orbital regimes; and
vi. Develop common commercial operating guidelines and propose licensing requirements, consistent with respective agency mission and authorities, for large constellations, rendezvous and proximity operations, satellite servicing, small satellites, end-of-mission planning, and other classes of space operations.
2. Civil Space Guidelines.
(a) Space Science, Exploration, and Discovery. The United States shall lead an innovative and sustainable program of scientific discovery, technology development, and space exploration with commercial and international partners to enable human expansion across the solar system and to bring back to Earth new knowledge and opportunities. Beginning with missions beyond low Earth orbit, the United States will lead the return of humans to the Moon for long-term exploration and utilization, followed by human missions to Mars and other destinations.
(b) The Administrator of NASA, in collaboration with other appropriate agencies, Federal laboratories, and commercial partners, shall, consistent with applicable law:
i. Lead a program to land the next American man and the first American woman on the Moon by 2024, followed by a sustained presence on the Moon by 2028, and the subsequent landing of the first human on Mars;
ii. Continue the operation of the International Space Station (ISS) in cooperation with international partners for scientific, technological, commercial, diplomatic, and educational purposes while developing separate commercial platforms to sustain continuous United States presence in and utilization of low Earth orbit and to transition beyond ISS operations;
iii. Develop partnerships to foster new economic activities in and beyond low Earth orbit that enable NASA and other customers to purchase services and capabilities at lower cost;
iv. In consultation with international and commercial partners as appropriate, support activities that include the presence of humans in space; maintain continuous human presence in Earth orbit by transitioning from ISS to commercial platforms and services; and continue to support future objectives in human space exploration;
v. Continue as the launch agent for the civil space sector while utilizing commercial space capabilities and services to the maximum practical extent;
vi. Continue to grow partnerships with the commercial space sector to enable safe, reliable, and cost-effective transport of crew and cargo to destinations in low Earth and cislunar orbits, and to the lunar surface;
vii. Lead space exploration technology development efforts in collaboration with industry, academia, and international partners to increase capabilities for future human and robotic space exploration missions while decreasing mission costs;
viii. Maintain a sustained robotic presence in the solar system with international and commercial partners to: prepare for future human missions; conduct scientific investigations; map and characterize water, mineral, and elemental resources; and demonstrate new technologies;
ix. Conduct space science for observations, research, and analysis of the Sun, space weather, the solar system, and the universe to enhance knowledge of the cosmos, advance scientific understanding, understand the conditions that may support the development of life, and search for planetary bodies and Earth-like planets in orbit around other stars;
x. Pursue capabilities, in cooperation with other agencies, commercial, and international partners, to detect, track, catalog, and characterize near Earth objects to warn of any predicted Earth impact and to identify potentially resource-rich planetary objects; and
xi. Develop options, in collaboration with other agencies, and international partners, for planetary defense actions both on Earth and in space to mitigate the potential effects of a predicted near Earth object impact or trajectory.
(c) Observation of the Earth's Surface, Environment, and Weather. To continue and to enhance a broad array of programs of space-based observation, research, and analysis of the Earth's surface, oceans, and atmosphere and their interactions, and to improve life on Earth:
i. The Administrator of NASA, in coordination with the heads of other appropriate agencies, shall conduct a program of research to understand Earth's interconnected systems, including the development of new Earth observing satellites for other agencies to use for operational purposes.
ii. The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration (NOAA), shall be responsible for the requirements, funding, and operation of civil environmental satellites and data-gathering in support of atmospheric and space weather forecasting. NOAA may utilize NASA as the acquisition agent for operational environmental satellites for those activities and programs.
iii. The Secretary of Commerce, through the Administrator of NOAA, and the Secretary of Defense, through the Secretary of the Air Force, in coordination with the Administrator of NASA and the heads of other appropriate agencies, shall:
1. Continue existing coverage responsibilities;
2. Develop a plan to provide Earth environmental satellite observation capabilities, including ground systems for operations, that meet current and future civil and national security requirements; and
3. Ensure the continued sharing of data from all systems.
iv. In support of operational requirements the Secretary of Commerce, in coordination with the Secretary of Defense, the Administrator of NASA, and the heads of other appropriate agencies, shall:
1. Collaborate with academia, the commercial sector, and international partners to ensure uninterrupted operational environmental satellite observations using cost-effective, resilient methods to acquire global meteorological satellite data;
2. Coordinate, as practicable, on future satellite and ground system architectures to reduce duplication of space acquisition processes and capabilities;
3. Utilize international partnerships to sustain and enhance a robust Earth observations program that meets civil and national security requirements, including weather, climate, ocean, and coastal observations; and
4. Purchase commercial environmental data for use in meteorological and space weather models when appropriate.
v. The Director of the Office of Science and Technology Policy, in consultation with the Assistant to the President for National Security Affairs, shall coordinate the implementation of the National Space Weather Strategy and Action Plan. The goals of this strategy are to: enhance the protection of Government and commercial systems against the effects of space weather; disseminate accurate and timely space weather characterization and forecasts; and establish plans and procedures for responding to and recovering from space weather events. Agencies contributing to the United States Government Earth science enterprise shall pursue innovative partnerships with the commercial sector to make their agency's Earth observation data more easily discoverable, accessible, and usable to the public.
(d) Land Remote Sensing.
i. The Secretary of the Interior, through the Director of the United States Geological Survey (USGS), shall:
1. Conduct integrated predictive science, which includes research, monitoring, assessments, and modeling, on natural and human-induced changes to Earth's land, land cover, and inland surface waters, and manage a national global land surface data archive and its distribution;
2. Determine the operational requirements for collecting, processing, archiving, and distributing land surface data to the United States Government and other users;
3. Use international and commercial partnerships to help sustain and enhance land surface observations from space; and
4. Utilize, consistent with national security classification guidelines and sharing agreements and in coordination with the Secretary of Defense and the Director of National Intelligence, remote sensing information related to the environment and to disasters that is acquired from national security space systems.
ii. The Secretary of the Interior, through the Director of the USGS, and the Administrator of NASA shall work together to maintain a sustainable land-imaging program for operational land remote sensing observations that meets the needs of core United States users and leverages government, commercial, and international capabilities.
iii. The Administrators of NASA and NOAA, and the Director of the USGS shall:
1. Collaborate, as practicable, on future satellite and ground system architectures to ensure that civil space acquisition processes and capabilities are not unnecessarily duplicated; and
2. Continue to develop civil applications and information tools based on data collected by Earth observation satellites. They shall, to the maximum extent practicable, develop those applications and tools using known standards and open protocols and make data and applications from United States Government satellites openly available to the public.
i[v]. The Secretary of Commerce shall license and regulate private remote sensing systems consistent with the recognition that long-term United States national security and foreign policy interests are best served by ensuring that United States industry continues to lead the rapidly maturing and highly competitive commercial space-based remote sensing market. The Secretary of Commerce shall consult with the Secretary of State and Secretary of Defense in these matters in accordance with applicable law.
3. National Security Space Guidelines.
(a) The United States seeks a secure, stable, and accessible space domain, which has become a warfighting domain as a result of competitors seeking to challenge United States and allied interests in space.
(b) Strength and security in space contribute to United States and international security and stability. It is imperative that the United States adapt its national security organizations, policies, strategies, doctrine, security classification frameworks, and capabilities to deter hostilities, demonstrate responsible behaviors, and, if necessary, defeat aggression and protect United States interests in space through:
i. Robust space domain awareness of all activities in space with the ability to characterize and attribute potentially threatening behavior;
ii. Communicating to competitors which space activities the United States considers undesirable or irresponsible, while promoting, demonstrating, and communicating responsible norms of behavior;
iii. Assured, credible, and demonstrable responses to defend vital national interests in space;
iv. Resilient space-enabled missions that reduce the impact or deny the effectiveness of adversaries' actions; and
v. Synchronized diplomatic, information, military, and economic strategies that:
1. Deter adversaries and other actors from conducting activities that may threaten the peaceful use of space by the United States, its allies, and partners; and
2. Compel and impose costs on adversaries to cease behaviors that threaten the peaceful use of space by the United States, its allies, and partners.
(c) The United States Space Force will pursue these objectives as the primary branch of the United States Armed Forces responsible for organizing, training, and equipping forces capable of projecting power in, from, and to space to defend United States national interests; protecting the freedom of operation in, from, and to the space domain; and enhancing the lethality and effectiveness of the Joint Force. The United States Space Force, and other branches of the Armed Forces as appropriate, will also present forces to the United States Space Command, and to the other Combatant Commands as appropriate, to deliver combat and combat support capabilities necessary to enable prompt and sustained offensive and defensive space operations, and to provide space support to joint operations in all domains.
(d) Synchronized National Security Space.
i. The space domain is a priority intelligence and military operational domain for the United States. The United States Intelligence Community and Department of Defense use space capabilities to provide strategic, operational, and tactical intelligence and decisive military advantages to the Nation.
ii. The Secretary of Defense and the Director of National Intelligence, in consultation with the heads of other appropriate agencies, Federal laboratories, and, as appropriate, in partnership with United States industry, shall:
1. Develop, acquire, and operate space systems and supporting information systems and networks to aid United States national security interests and to enable defense and intelligence operations;
2. Procure resilient space capabilities and services to provide defense and intelligence operations during times of competition and armed conflict;
3. Develop and apply advanced technologies, capabilities, and concepts that anticipate and rapidly respond to changes in the threat environment and improve the timeliness and quality of intelligence and data to support operations;
4. Identify and characterize current and future threats to United States space missions for the purposes of enabling effective deterrence and defense;
5. Develop resilient, cost-effective architectures and accelerate acquisition and fielding of space capabilities with sufficient capacity to increase the resilience of space-enabled missions and to expand the ability to field or to rapidly reconstitute space capabilities based on the strategic environment;
6. Develop, implement, and exercise plans, procedures, techniques, and capabilities necessary to assure critical national security space-enabled missions;
7. Protect and defend United States national security space assets through integration and synchronization of operational command and control capabilities and activities that foster seamless execution between the Intelligence Community and Department of Defense;
8. Promote, in collaboration with the Secretary of State, norms of behavior for responsible national security space activities that protect United States, allied, and partner interests in space;
9. Ensure cost-effective resilience of space capabilities and assurance of space-enabled missions, including supporting information systems and networks, commensurate with their planned use and taking into account the value these systems provide in countering or mitigating threats, the consequences of their loss or degradation, and the availability of other means to perform the mission;
10. Expand and increase emphasis on disruptive and emerging commercial space capabilities and provide assessments to United States and allied leadership on the effects of these capabilities on national security;
11. Integrate cybersecurity into space operations and capabilities to retain positive control of space systems and verify the integrity of critical functions, missions, and services they provide;
12. Improve, develop, integrate, demonstrate, and proliferate in cooperation with relevant interagency, international, intergovernmental, and commercial entities, space domain awareness capabilities to predict, detect, warn, characterize, and attribute human-caused and naturally occurring activities that pose threats to space systems of United States interest;
13. Provide to the Department of Commerce and other agencies, as necessary, SSA information that supports national security, civil, and human space flight activities, planetary defense from hazardous near-Earth objects, and commercial and allied space operations;
14. Collaborate with allies and partners actively engaging in space security and intelligence operations to incentivize and institute mechanisms for the exchange of relevant space, and space-related information; and
15. Collaborate with the Secretaries of Commerce and Energy, the Administrator of NASA, and the heads of other relevant agencies to periodically review the health and competitiveness of the United States space industrial base to determine whether the domestic space industry can meet the technical requirements, production, and service of national security space programs.
(e) Department of Defense.
i. The Secretary of Defense shall:
1. Defend the use of space for United States national security purposes, the United States economy, allies, and partners;
2. Protect freedom of navigation and preserve lines of communication that are open, safe, and secure in the space domain;
3. Ensure that space capabilities are of sufficient capability and capacity to enable decisive offensive and defensive space operations vital to defending United States, allied, and partner interests in space while continuing to sustain support to joint operations;
4. Conduct operations in, from, and through space to deter conflict, and if deterrence fails, to defeat aggression while protecting and defending United States vital interests with allies and partners;
5. Provide, as launch agent for the Department of Defense and the Intelligence Community, affordable and timely space access for national security purposes while using commercial space capabilities and services to the maximum practical extent;
6. Develop, as launch agent for the Department of Defense and the Intelligence Community, rapid launch options to reinforce or to reconstitute priority national security space capabilities in times of crisis and conflict and that, when practicable and appropriate, leverage commercial capabilities;
7. Detect, characterize, warn, attribute, and respond to, in coordination with the Secretary of State and other relevant agencies, space-related behaviors and activities that threaten the space interests of the United States, its allies, or partners, international peace and security, or the long-term sustainability of the space environment;
8. Periodically conduct policy-driven, threat-informed, strategically-focused space posture reviews and assessments that encompass military, diplomatic, informational, and economic aspects of posture, including evaluation of the suitability of U.S. Government, commercial industry, and international space architectures to deliver effective and integrated deterrence and compellence solutions; and
9. Develop, acquire, and operate space intelligence capabilities to support joint operations.
(f) Intelligence Community.
i. The Director of National Intelligence shall:
1. Enhance foundational scientific and technical intelligence collection and single and all-source intelligence analysis;
2. Coordinate with the Secretary of Defense to ensure necessary and sufficient intelligence support for acquisition, operations, and defense of space capabilities;
3. Develop, obtain, and operate space intelligence capabilities to support strategic goals, intelligence priorities, and assigned tasks;
4. Provide robust, timely, and effective collection, processing, analysis, and dissemination of information on foreign space capabilities and threats and supporting information system activities;
5. Integrate all-source intelligence of foreign space capabilities and intentions to produce enhanced intelligence products that support space domain awareness;
6. Support monitoring, compliance, and verification for transparency and confidence-building measures and, if applicable, arms control agreements;
7. Ensure Intelligence Community equities are represented and reviewed in United States Government radio frequency deliberations; and
8. Promote counterintelligence and security partnerships and practices within the commercial, civil, and national security space communities.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§20103. Definitions
In this chapter:
(1)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20103 | 42 U.S.C. 2452. | Pub. L. 85–568, title I, §103, July 29, 1958, 72 Stat. 427; Pub. L. 98–52, title I, §108, July 15, 1983, 97 Stat. 285. |
In paragraph (1)(A), the word "Earth's" is capitalized for consistency in title 51.
SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
§20111. National Aeronautics and Space Administration
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20111 | 42 U.S.C. 2472. | Pub. L. 85–568, title II, §202, July 29, 1958, 72 Stat. 429; Pub. L. 88–426, title III, §305(12), Aug. 14, 1964, 78 Stat. 423. |
Statutory Notes and Related Subsidiaries
Agency Information Technology and Cybersecurity
Pub. L. 115–10, title VIII, §§811–813, Mar. 21, 2017, 131 Stat. 58–60, provided that:
"SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.
"(a)
"(1) ensure the NASA Chief Information Officer, Mission Directorates, and Centers have appropriate roles in the management, governance, and oversight processes related to information technology operations and investments and information security programs for the protection of NASA systems;
"(2) ensure the NASA Chief Information Officer has the appropriate resources and insight to oversee NASA information technology and information security operations and investments;
"(3) provide an information technology program management framework to increase the efficiency and effectiveness of information technology investments, including relying on metrics for identifying and reducing potential duplication, waste, and cost;
"(4) improve the operational linkage between the NASA Chief Information Officer and each NASA mission directorate, center, and mission support office to ensure both agency and mission needs are considered in agency-wide information technology and information security management and oversight;
"(5) review the portfolio of information technology investments and spending, including information technology-related investments included as part of activities within NASA mission directorates that may not be considered information technology, to ensure investments are recognized and reported appropriately based on guidance from the Office of Management and Budget;
"(6) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions; and
"(7) consider whether the NASA Chief Information Officer should have a seat on any boards or councils described in paragraph (6).
"(b)
"(1)
"(2)
"(A) the resources available for overseeing Administration-wide information technology operations, investments, and security measures and the NASA Chief Information Officer's visibility and involvement into information technology oversight and access to those resources;
"(B) the effectiveness and challenges of the Administration's information technology structure, decision making processes and authorities, including impacts on its ability to implement information security; and
"(C) the impact of NASA Chief Information Officer approval authority over information technology investments that exceed a defined monetary threshold, including any potential impacts of such authority on the Administration's missions, flights programs and projects, research activities, and Center operations.
"(3)
"SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.
"(a)
"(b)
"(1) the deadline under section 306(a) of title 5, United States Code; and
"(2) the requirements under section 3506 of title 44, United States Code.
"(c)
"(1) near and long-term goals and objectives for leveraging information technology;
"(2) a plan for how NASA will submit to Congress of [sic] a list of information technology projects, including completion dates and risk level in accordance with guidance from the Office of Management and Budget;
"(3) an implementation overview for an agency-wide approach to information technology investments and operations, including reducing barriers to cross-center collaboration;
"(4) coordination by the NASA Chief Information Officer with centers and mission directorates to ensure that information technology policies are effectively and efficiently implemented across the agency;
"(5) a plan to increase the efficiency and effectiveness of information technology investments, including a description of how unnecessarily duplicative, wasteful, legacy, or outdated information technology across NASA will be identified and eliminated, and a schedule for the identification and elimination of such information technology;
"(6) a plan for improving the information security of agency information and agency information systems, including improving security control assessments and role-based security training of employees; and
"(7) submission by NASA to Congress of information regarding high risk projects and cybersecurity risks.
"(d)
"SEC. 813. CYBERSECURITY.
"(a)
"(b)
"(1)
"(2)
"(3)
"(A) reflects the unique nature of NASA's mission and expertise;
"(B) is informed by policies, standards, guidelines, and directives on information security required for Federal agencies;
"(C) is consistent with the standards and guidelines under section 11331 of title 40, United States Code; and
"(D) meets applicable National Institute of Standards and Technology information security standards and guidelines.
"(4)
"(A) an overview of the requirements of the information security system;
"(B) an agency-wide risk management framework for information security;
"(C) a description of the information security system management controls and common controls that are necessary to ensure compliance with information security-related requirements;
"(D) an identification and assignment of roles, responsibilities, and management commitment for information security at the agency;
"(E) coordination among organizational entities, including between each center, facility, mission directorate, and mission support office, and among agency entities responsible for different aspects of information security;
"(F) the need to protect the information security of mission-critical systems and activities and high-impact and moderate-impact information systems; and
"(G) a schedule of frequent reviews and updates, as necessary, of the plan."
Collaboration Among Mission Directorates
Pub. L. 115–10, title VIII, §821, Mar. 21, 2017, 131 Stat. 61, provided that: "The Administrator [of the National Aeronautics and Space Administration] shall encourage an interdisciplinary approach among all NASA [National Aeronautics and Space Administration] mission directorates and divisions, whenever appropriate, for projects or missions—
"(1) to improve coordination, and encourage collaboration and early planning on scope;
"(2) to determine areas of overlap or alignment;
"(3) to find ways to leverage across divisional perspectives to maximize outcomes; and
"(4) to be more efficient with resources and funds."
Users' Advisory Group
Pub. L. 101–611, title I, §121, Nov. 16, 1990, 104 Stat. 3204, as amended by Pub. L. 117–286, §4(a)(324), Dec. 27, 2022, 136 Stat. 4341, provided that:
"(a)
"(2) The Vice President shall name a chairman of the Users' Advisory Group.
"(3) The National Space Council shall from time to time, but not less than once a year, meet with the Users' Advisory Group.
"(4) The function of the Users' Advisory Group shall be to ensure that the interests of industries and other non-Federal entities involved in space activities, including in particular commercial entities, are adequately represented in the National Space Council.
"(5) The Users' Advisory Group may be assisted by personnel detailed to the National Space Council.
"(b)
National Space Council
Pub. L. 101–328, §3(a), July 8, 1990, 104 Stat. 308, provided that: "Not more than six individuals may be employed by the National Space Council without regard to any provision of law regulating the employment or compensation of persons in the Government service, at rates not to exceed the rate of pay for level VI of the Senior Executive Schedule as provided pursuant to section 5382 of title 5, United States Code."
Pub. L. 101–328, §4, July 8, 1990, 104 Stat. 308, provided that: "The National Space Council may, for purposes of carrying out its functions, employ experts and consultants in accordance with section 3109 of title 5, United States Code, and may compensate individuals so employed for each day they are involved in a business of the National Space Council (including traveltime) at rates not in excess of the daily equivalent of the maximum rate of pay for grade GS–18 as provided pursuant to section 5332 of title 5, United States Code."
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]
Pub. L. 100–685, title V, §501, Nov. 17, 1988, 102 Stat. 4102, provided that:
"(a) Effective February 1, 1989, there is established in the Executive Office of the President the National Space Council, which shall be chaired by the Vice President.
"(b) By March 1, 1989, the President shall submit to the Congress a report that outlines the composition and functions of the National Space Council.
"(c) The Council may employ a staff of not more than seven persons, which is to be headed by a civilian executive secretary, who shall be appointed by the President."
Executive Documents
Ex. Ord. No. 10849. Establishment of Seal for National Aeronautics and Space Administration
Ex. Ord. No. 10849, Nov. 27, 1959, 24 F.R. 9559, as amended by Ex. Ord. No. 10942, May 19, 1961, 26 F.R. 4419, provided:
WHEREAS the Administrator of the National Aeronautics and Space Administration has caused to be made, and has recommended that I approve, a seal for the National Aeronautics and Space Administration, the design of which accompanies and is hereby made a part of this order, and which is described as follows:
On a disc of the blue sky strewn with white stars, to dexter a larger yellow sphere bearing a red flight symbol apex in upper sinister and wings enveloping and casting a brown shadow upon the sphere, all partially encircled with a horizontal white orbit, in sinister a small light-blue sphere; circumscribing the disc a white band edged gold inscribed "National Aeronautics and Space Administration U.S.A." in red letters.
AND WHEREAS it appears that such seal is of suitable design and appropriate for establishment as the official seal of the National Aeronautics and Space Administration:
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, I hereby approve such seal as the official seal of the National Aeronautics and Space Administration.
Ex. Ord. No. 12675
Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as amended by Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; Ex. Ord. No. 12869, §4(f), Sept. 30, 1993, 58 F.R. 51752, which established the National Space Council, was superseded by Ex. Ord. No. 13803, §9(a), June 30, 2017, 82 F.R. 31431, formerly set out below.
Executive Order No. 13803
Ex. Ord. No. 13803, June 30, 2017, 82 F.R. 31429, as amended by Ex. Ord. No. 13906, Feb. 13, 2020, 85 F.R. 10031, which reestablished the National Space Council and ordered the Council to convene the Users' Advisory Group, was revoked by Ex. Ord. No. 14056, §7(d), Dec. 1, 2021, 86 F.R. 68873, set out below.
Ex. Ord. No. 14056. The National Space Council
Ex. Ord. No. 14056, Dec. 1, 2021, 86 F.R. 68871, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) the Vice President, who shall be Chair of the Council;
(b) the Secretary of State;
(c) the Secretary of Defense;
(d) the Secretary of the Interior;
(e) the Secretary of Agriculture;
(f) the Secretary of Commerce;
(g) the Secretary of Labor;
(h) the Secretary of Transportation;
(i) the Secretary of Energy;
(j) the Secretary of Education;
(k) the Secretary of Homeland Security;
(l) the Director of the Office of Management and Budget;
(m) the Director of National Intelligence;
(n) the Director of the Office of Science and Technology Policy;
(o) the Assistant to the President for National Security Affairs;
(p) the Assistant to the President for Economic Policy;
(q) the Assistant to the President for Domestic Policy;
(r) the Assistant to the President and National Climate Advisor;
(s) the Chairman of the Joint Chiefs of Staff;
(t) the Administrator of the National Aeronautics and Space Administration; and
(u) the heads of other executive departments and agencies (agencies) and other senior officials within the Executive Office of the President, as determined by the Chair.
(i) review, develop, and provide recommendations to the President on space policy and strategy;
(ii) coordinate implementation of space policy and strategy;
(iii) synchronize the Nation's civil, commercial, and national security space activities in furtherance of the objectives of the President's national space policy and strategy;
(iv) facilitate resolution of differences among agencies on space-related policy and strategy matters;
(v) enable interagency cooperation, coordination, and information exchange on space activities; and
(vi) perform such other duties as the President may, from time to time, prescribe.
(b) The operation of the Council shall not interfere with the existing lines of authority in or responsibilities of any agency.
(c) The Council shall have a staff, headed by a civilian Executive Secretary appointed by the President.
(d) The Council shall meet at least annually.
(e) The Council shall consider and provide recommendations to the President on any space-related issue as determined by the Chair.
(b) The Chair shall establish procedures and set the agenda for Council sessions to address Presidential priorities.
(c) The Chair may recommend to the President candidates for the position of Executive Secretary.
(d) The Chair may invite the heads of other agencies, other senior officials in the Executive Office of the President, and other Federal employees to participate in Council meetings.
(e) The Chair or, upon the Chair's direction, the Executive Secretary, may develop budget recommendations for submission to the Director of the Office of Management and Budget that reflect the President's space policy and strategy, as well as provide advice concerning budget submissions by agencies related to the President's space policies and strategies.
(b) The head of each agency that conducts space-related activities shall, to the extent permitted by law, conform such activities to the President's national space policy and strategy.
(c) On space matters relating primarily to national security, the Council shall coordinate with the National Security Council (NSC) to develop space policy and strategy consistent with NSC priorities and practices.
(b) Members of the Group shall serve without compensation for their work for the Group. Members of the Group, while engaged in the work of the Group, may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), consistent with the availability of funds.
(c) The Group shall report directly to the Council and shall provide advice or work product solely to the Council.
(d) The Group shall provide advice and recommendations to the Council on matters related to space policy and strategy, including Government policies, laws, regulations, treaties, international instruments, programs, and practices across the civil, commercial, and national security space sectors.
(i) the Office of Administration in the Executive Office of the President shall provide administrative support to the Council, to the extent permitted by law and within existing appropriations; and
(ii) legal advice to the Council with respect to its work and functions shall be provided exclusively by the Office of the Counsel to the President and the Counsel to the Vice President.
(b) To the extent practicable and permitted by law, including the Economy Act (31 U.S.C. 1535), and within existing appropriations, agencies serving on the Council, components of the Executive Office of the President, and interagency councils and committees that affect space policy or strategy shall make resources, including personnel, office support, and printing, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Executive Secretary.
(c) Agencies shall cooperate with the Council through the Chair, or upon the Chair's request, the Executive Secretary, and provide such information and advice to the Council as it may reasonably request, to the extent permitted by law, including information regarding agencies' current and planned space activities.
(d) This order supersedes Executive Order 13803 of June 30, 2017 (Reviving the National Space Council) [formerly set out above], and Executive Order 13906 of February 13, 2020 (Amending Executive Order 13803—Reviving the National Space Council), and those orders are revoked. To the extent this order is inconsistent with any provision of any previous Executive Order or Presidential Memorandum, this order shall control.
(e) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
§20112. Functions of the Administration
(a)
(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)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20112 | 42 U.S.C. 2473(a), (b). | Pub. L. 85–568, title II, §203(a), (b), July 29, 1958, 72 Stat. 429; Pub. L. 93–409, §4, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 94–413, §15(c), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–401, §6, Sept. 30, 1978, 92 Stat. 860; Pub. L. 101–611, title I, §107, Nov. 16, 1990, 104 Stat. 3197. |
§20113. Powers of the Administration in performance of functions
(a)
(b)
(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)
(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.); 1 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)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(2)
(3)
(4)
(5)
(l)
(m)
(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.
(n)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333; Pub. L. 114–90, title I, §112(d), Nov. 25, 2015, 129 Stat. 712; Pub. L. 115–10, title VIII, §835(d), Mar. 21, 2017, 131 Stat. 69; Pub. L. 116–283, div. A, title IX, §927(f), Jan. 1, 2021, 134 Stat. 3832.)
In subsection (b), in the matter before paragraph (1), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" on authority of section 7(b) of Public Law 89–554 (80 Stat. 631), the first section of which enacted Title 5, Government Organization and Employees.
In subsection (c)(2), the words "section 8141 of title 40" are substituted for "the Act of March 3, 1877 (40 U.S.C. 34)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (c)(4), the words "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.)" are substituted for "in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
In subsection (e), the words "subsections (a) and (b) of section 3324 of title 31" are substituted for "section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)" on authority of section 4(b) of Public Law 97–258 (96 Stat. 1067), the first section of which enacted Title 31, Money and Finance.
In subsection (i), the words "maximum rate payable under section 5376 of title 5" are substituted for "rate for GS–18" because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by §529 of Public Law 101–509, 5 U.S.C. 5376 note).
In subsection (k)(1), the words "section 1302 of title 40" are substituted for "section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.
Editorial Notes
References in Text
Level III of the Executive Schedule, referred to in subsec. (b)(1), is set out in section 5314 of Title 5, Government Organization and Employees.
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (c)(4), is act June 30, 1949, ch. 288, 63 Stat. 377. Title III of the Act was classified generally to subchapter IV (§251 et seq.) of chapter 4 of former Title 41, Public Contracts, and was substantially repealed and restated in division C (§3101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Amendments
2021—Subsec. (l). Pub. L. 116–283 substituted "Forces" for "Services" in heading and "Marine Corps, and Space Force" for "and Marine Corps" in text.
2017—Subsec. (g). Pub. L. 115–10, §835(d)(2), struck out "and Congress" after "advice to the Administration".
Pub. L. 115–10, §835(d)(1), inserted "and Congress" after "advice to the Administration".
2015—Subsec. (n). Pub. L. 114–90 added subsec. (n).
Statutory Notes and Related Subsidiaries
Effective Date of 2017 Amendment
Pub. L. 115–10, title VIII, §835(d)(2), Mar. 21, 2017, 131 Stat. 69, provided that the amendment by section 835(d)(2) is effective Sept. 30, 2017.
Office of STEM Engagement
Pub. L. 117–167, div. B, title VII, §10851(a)–(d), Aug. 9, 2022, 136 Stat. 1753, 1754, provided that:
"(a)
"(b)
"(c)
"(1) to create unique opportunities for students and the public to learn from and contribute to the work of NASA in exploration and discovery;
"(2) to contribute to the growth of a diverse STEM workforce; and
"(3) to strengthen public understanding of science by enabling connections to the mission and work of NASA.
"(d)
"(1) the National Space Grant College and Fellowship Program under chapter 403 of title 51 United States Code;
"(2) the Established Program to Stimulate Competitive Research under section 40903 of title 51 United States Code;
"(3) the Minority University Research and Education Project;
"(4) the NextGen STEM Project; and
"(5) any other program or activity the Administrator considers appropriate."
[For definition of "STEM" as used in section 10851(a)–(d) of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
Program, Workforce, and Industrial Base Reviews
Pub. L. 117–167, div. B, title VII, §10861, Aug. 9, 2022, 136 Stat. 1754, provided that:
"(a)
"(1)
"(2)
"(A) A comprehensive description of the current status of the United States industrial base for NASA civil space missions and operations.
"(B) A description and assessment of the weaknesses in the supply chain, skills, manufacturing capacity, raw materials, key components, and other areas of the United States industrial base for NASA civil space missions and operations that could adversely impact such missions and operations if unavailable.
"(C) A description and assessment of various mechanisms to address and mitigate the weaknesses described pursuant to subparagraph (B).
"(D) A comprehensive list of the collaborative efforts, including future and proposed collaborative efforts, between NASA and the Manufacturing USA institutes of the Department of Commerce.
"(E) An assessment of—
"(i) the defense and aerospace manufacturing supply chains relevant to NASA in each region of the United States; and
"(ii) the feasibility and benefits of establishing a supply chain center of excellence in a State in which NASA does not, as of the date of the enactment of this Act, have a research center or test facility.
"(F) Such other matters relating to the United States industrial base for NASA civil space missions and operations as the Administrator considers appropriate.
"(b)
"(1)
"(A)
"(B)
"(i) A consideration of the use of emerging technologies in relevant engineering and science disciplines and the skills needed to apply such capabilities to Administration missions across all mission directorates.
"(ii) Prioritized recommendations on actions needed to align the Administration's workforce with research objectives and strategic goals and on the improvements and additions to modeling capabilities and test facilities needed to meet the Administration's strategic goals and objectives.
"(C)
"(2)
"(3)
"(A)
"(i)
"(ii)
"(B)
"(4)
"(A)
"(B)
"(C)
"(i) research on program assessment;
"(ii) cost, schedule, and technical estimation; and
"(iii) other relevant activities for the purposes of obtaining the highest level of expertise and the most effective decision-making tools with which to inform the Administrator.
"(D)
"(5)
"(A) crew and cargo transportation, research to be undertaken reflecting the priorities described in section 10816 [51 U.S.C. 70901 note], and maintenance costs; and
"(B) opportunities for operational efficiencies that could result in cost savings and increased research productivity and the amount of those potential savings and productivity increases."
[For definition of "Manufacturing USA institute" as used in section 10861 of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
Collaboration
Pub. L. 115–10, title V, §517, Mar. 21, 2017, 131 Stat. 54, provided that: "The Administration [National Aeronautics and Space Administration] shall continue to develop first-of-a-kind instruments that, once proved, can be transitioned to other agencies for operations. Whenever responsibilities for the development of sensors or for measurements are transferred to the Administration from another agency, the Administration shall seek, to the extent possible, to be reimbursed for the assumption of such responsibilities."
Space Act Agreements
Pub. L. 115–10, title VIII, §841, Mar. 21, 2017, 131 Stat. 72, provided that:
"(a)
"(b)
"(c)
"(1)
"(A) except as provided in paragraph (2), on a nonexclusive basis;
"(B) in a manner that ensures all non-government parties have equal access to NASA resources; and
"(C) exercising reasonable care not to reveal unique or proprietary information.
"(2)
"(A) utilizing a competitive selection process when exclusive arrangements are necessary; and
"(B) pursuant to public announcements when exclusive arrangements are necessary.
"(d)
"(e)
"(1)
"(2)
"(A) an indication of whether the agreement is a reimbursable, non-reimbursable, or funded Space Act Agreement;
"(B) a description of—
"(i) the subject and terms;
"(ii) the parties;
"(iii) the responsible—
"(I) Mission Directorate;
"(II) Center; or
"(III) headquarters element;
"(iv) the value;
"(v) the extent of the cost sharing among Federal Government and non-Federal sources;
"(vi) the time period or schedule; and
"(vii) all milestones; and
"(C) an indication of whether the agreement was renewed during the previous fiscal year.
"(3)
"(4)
"(A) the technology areas in which research projects were conducted under that agreement;
"(B) the extent to which the use of that agreement—
"(i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and
"(ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and
"(C) the total amount of value received by the Federal Government during the fiscal year under that agreement."
Sense of Congress
Pub. L. 114–90, title I, §112(b), Nov. 25, 2015, 129 Stat. 711, provided that: "The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section [amending this section] should be used for that purpose."
Purchase of American-Made Equipment and Products
Pub. L. 106–391, title III, §319, Oct. 30, 2000, 114 Stat. 1597, provided that:
"(a)
"(b)
Enhancement of Science and Mathematics Programs
Pub. L. 106–391, title III, §321, Oct. 30, 2000, 114 Stat. 1597, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
1 See References in Text note below.
§20114. Administration and Department of Defense coordination
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3336.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20114(a) | 42 U.S.C. 2474(b). | Pub. L. 85–568, title II, §204(b), (c), July 29, 1958, 72 Stat. 431. |
| 20114(b) | 42 U.S.C. 2474(c). |
In subsection (a), the words "through the President" are substituted for "through the Liaison Committee" because the Civilian-Military Liaison Committee, which was established by section 204(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2474(a)), was abolished and its functions, together with the functions of its chairman and other officers, were transferred to the President by sections 1(e) and 3(a) of Reorganization Plan No. 4 of 1965 (5 App. U.S.C.).
In subsection (b), the words "as provided in section 201 (e)", which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of title 42 (last appearing in the 1970 edition of the United States Code), established the National Aeronautics and Space Council, with the functions of the Council specified in section 201(e). Those functions included advising the President "as he may request" with respect to promoting cooperation and resolving differences among agencies of the United States engaged in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), abolished the National Aeronautics and Space Council, including the office of Executive Secretary of the Council, together with its functions.
§20115. International cooperation
The Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to this chapter, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and consent of the Senate.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20115 | 42 U.S.C. 2475. | Pub. L. 85–568, title II, §205, July 29, 1958, 72 Stat. 432. |
Executive Documents
Delegation of Authority
Memorandum of President of the United States, Oct. 10, 1995, 60 F.R. 53251, provided:
Memorandum for the Administrator of the National and Aeronautics and Space Administration
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to facilitate the efficient operations of the aeronautical and space programs of the National Aeronautics and Space Administration (NASA), it is hereby ordered as follows:
The authority conferred upon the President by the Constitution and the laws of the United States of America to executive mutual waivers of claims of liability on behalf of the United States for damages arising out of cooperative activities is hereby delegated to the Administrator of NASA for agreements with foreign governments and their agents regarding aeronautical, science, and space activities that are executed pursuant to the authority granted NASA by the National Aeronautics and Space Act of 1958, Public Law 85–568, as amended [see 51 U.S.C. 20101 et seq.]. All such agreements shall be subject to coordination with and the concurrence of the Department of State to the extent provided by applicable law, regulations, and procedures. All such waivers of liability entered into prior to the date of this memorandum are hereby ratified.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§20116. Reports to Congress
(a)
(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)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20116 | 42 U.S.C. 2476. | Pub. L. 85–568, title II, §206, July 29, 1958, 72 Stat. 432; Pub. L. 92–68, §7, Aug. 6, 1971, 85 Stat. 177; Pub. L. 106–391, title III, §302(b), Oct. 30, 2000, 114 Stat. 1591. |
In subsections (a)(2) and (b), the words "section 102(c) of this Act", which appear in section 206 of Public Law 85–568 (72 Stat. 432), are treated as referring to section 102(d), rather than section 102(c), of Public Law 85–568 because of the redesignation done by section 110(a)(2) of the National Aeronautics and Space Administration Authorization Act, 1985 (Public Law 98–361, 98 Stat. 426). Section 102(d) of Public Law 85–568 is restated as section 20102(d) of title 51.
Executive Documents
Delegation of Certain Reporting Authority
Memorandum of President of the United States, Mar. 5, 2004, 69 F.R. 11489, provided:
Memorandum for the Administrator of the National Aeronautics and Space Administration
By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President by section 206 of the National Aeronautics and Space Act of 1958, as amended ([former] 42 U.S.C. 2476) [now 51 U.S.C. 20116], to provide the specified report to the Congress. Nothing in this delegation shall be construed to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budget, administrative, and legislative proposals.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
§20117. Disposal of excess land
Notwithstanding the provisions of this or any other law, the Administration may not report to a disposal agency as excess to the needs of the Administration any land having an estimated value in excess of $50,000 that is owned by the United States and under the jurisdiction and control of the Administration, unless—
(1) a period of 30 days has passed after the receipt by the Speaker and the Committee on Science and Technology of the House of Representatives and the President and the Committee on Commerce, Science, and Transportation of the Senate of a report by the Administrator or the Administrator's designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such action; or
(2) each such committee before the expiration of that period has transmitted to the Administrator written notice to the effect that the committee has no objection to the proposed action.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20117 | 42 U.S.C. 2476a. | Pub. L. 85–568, title II, §207, as added Pub. L. 93–74, §7, July 23, 1973, 87 Stat. 175; amended Pub. L. 103–437, §15(j), Nov. 2, 1994, 108 Stat. 4593. |
In paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science, Space, and Technology" on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS
§20131. Public access to information
(a)
(1) authorized or required by Federal statute to be withheld;
(2) classified to protect the national security; or
(3) described in subsection (b).
(b)
(1)
(2)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20131(a) | 42 U.S.C. 2454(a) (words before proviso). | Pub. L. 85–568, title III, §303, July 29, 1958, 72 Stat. 433; Pub. L. 102–588, title V, §509, Nov. 4, 1992, 106 Stat. 5129. |
| 20131(b) | 42 U.S.C. 2454(b). | |
| 20131(c) | 42 U.S.C. 2454(a) (proviso). |
§20132. Security requirements
The Administrator shall establish such security requirements, restrictions, and safeguards as the Administrator deems necessary in the interest of the national security. The Administrator may arrange with the Director of the Office of Personnel Management for the conduct of such security or other personnel investigations of the Administration's officers, employees, and consultants, and its contractors and subcontractors and their officers and employees, actual or prospective, as the Administrator deems appropriate. If any such investigation develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Administrator.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20132 | 42 U.S.C. 2455(a). | Pub. L. 85–568, title III, §304(a), July 29, 1958, 72 Stat. 433; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783. |
The words "Director of the Office of Personnel Management" are substituted for "Civil Service Commission" because of section 102 of Reorganization Plan No. 2 of 1978 (5 App U.S.C.).
Statutory Notes and Related Subsidiaries
Access to Restricted Data
Pub. L. 85–568, title III, §304(b), July 29, 1958, 72 Stat. 434, provided that: "The Atomic Energy Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission or any other person authorized to have access to Restricted Data by the Atomic Energy Commission under subsection 145 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)), to permit any member, officer, or employee of the Council [National Aeronautics and Space Council], or the Administrator [of the National Aeronautics and Space Administration], or any officer, employee, member of an advisory committee, contractor, subcontractor, or officer or employee of a contractor or subcontractor of the Administration [National Aeronautics and Space Administration], to have access to Restricted Data relating to aeronautical and space activities which is required in the performance of his duties and so certified by the Council or the Administrator, as the case may be, but only if (1) the Council or Administrator or designee thereof has determined, in accordance with the established personnel security procedures and standards of the Council or Administration, that permitting such individual to have access to such Restricted Data will not endanger the common defense and security, and (2) the Council or Administrator or designee thereof finds that the established personnel and other security procedures and standards of the Council or Administration are adequate and in reasonable conformity to the standards established by the Atomic Energy Commission under section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165). Any individual granted access to such Restricted Data pursuant to this subsection may exchange such Data with any individual who (A) is an officer or employee of the Department of Defense, or any department or agency thereof, or a member of the armed forces, or a contractor or subcontractor of any such department, agency, or armed force, or an officer or employee of any such contractor or subcontractor, and (B) has been authorized to have access to Restricted Data under the provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163)."
[Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.]
[National Aeronautics and Space Council, together with functions of Council, abolished by section 3(a)(4) of Reorg. Plan No. 1 of 1973, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.]
§20133. Permission to carry firearms
As the Administrator deems necessary in the public interest, the Administrator may—
(1) direct officers and employees of the Administration to carry firearms while in the conduct of their official duties; and
(2) authorize employees of contractors and subcontractors of the Administration who are engaged in the protection of property owned by the United States, and located at facilities owned by or contracted to the United States, to carry firearms while in the conduct of their official duties.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20133 | 42 U.S.C. 2456. | Pub. L. 85–568, title III, §304(e), July 29, 1958, 72 Stat. 435. |
§20134. Arrest authority
Under regulations prescribed by the Administrator and approved by the Attorney General, employees of the Administration and of its contractors and subcontractors authorized to carry firearms under section 20133 of this title may arrest without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Persons granted authority to make arrests by this section may exercise that authority only while guarding and protecting property owned or leased by, or under the control of, the United States under the administration and control of the Administration or one of its contractors or subcontractors, at facilities owned by or contracted to the Administration.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3339.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20134 | 42 U.S.C. 2456a. | Pub. L. 85–568, title III, §304(f), as added Pub. L. 100–685, title II, §206, Nov. 17, 1988, 102 Stat. 4090. |
§20135. Property rights in inventions
(a)
(1)
(2)
(3)
(b)
(1)
(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)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3339; Pub. L. 112–29, §7(d)(2), Sept. 16, 2011, 125 Stat. 315.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20135 | 42 U.S.C. 2457. | Pub. L. 85–568, title III, §305, July 29, 1958, 72 Stat. 435; Pub. L. 96–517, §7(b), Dec. 12, 1980, 94 Stat. 3027; Pub. L. 97–96, §7, Dec. 21, 1981, 95 Stat. 1210; Pub. L. 97–164, title I, §162(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–622, title II, §205(c), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(20)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585. |
Editorial Notes
Amendments
2011—Subsec. (e). Pub. L. 112–29 substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences" in two places and inserted "and derivation" after "established for interference".
Subsec. (f). Pub. L. 112–29, §7(d)(2)(A), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Pub. L. 112–29, set out as a note under section 6 of Title 35, Patents.
§20136. Contributions awards
(a)
(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)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3342.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20136(a) | 42 U.S.C. 2458(a). | Pub. L. 85–568, title III, §306, July 29, 1958, 72 Stat. 437. |
| 20136(b) | 42 U.S.C. 2458(b) (1st sentence). | |
| 20136(c) | 42 U.S.C. 2458(b) (par. (1) of last sentence). | |
| 20136(d) | 42 U.S.C. 2458(b) (par. (2) of last sentence). |
In subsections (c) and (d), the words "No award may be made under subsection (a)" are substituted for "No award may be made under subsection (a) with respect to any contribution" for clarity and to eliminate unnecessary words.
§20137. Malpractice and negligence suits against United States
(a)
(b)
(c)
(d)
(e)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3343.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20137 | 42 U.S.C. 2458a. | Pub. L. 85–568, title III, §307, as added Pub. L. 94–464, §3, Oct. 8, 1976, 90 Stat. 1988. |
In subsection (a), the word "hereafter" is omitted as unnecessary.
In subsection (b), in the last sentence, commas are added after "brought" and "Attorney General" for clarity.
In subsection (e), the words "wrongful act or omission" are substituted for "wrongful act of omission" to correct an error in the law.
§20138. Insurance and indemnification
(a)
(1)
(2)
(3)
(b)
(c)
(d)
(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)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3344.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20138 | 42 U.S.C. 2458b. | Pub. L. 85–568, title III, §308, as added Pub. L. 96–48, §6(b)(2), Aug. 8, 1979, 93 Stat. 348. |
§20139. Insurance for experimental aerospace vehicles
(a)
(1)
(2)
(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)
(4)
(b)
(c)
(1)
(2)
(A)
(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)
(C)
(D)
(3)
(4)
(d)
(1)
(2)
(A)
(B)
(C)
(D)
(3)
(e)
(1)
(2)
(f)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3345.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20139 | 42 U.S.C. 2458c. | Pub. L. 85–568, title III, §309, formerly title III, as added Pub. L. 106–74, title IV, §435(a), Oct. 20, 1999, 113 Stat. 1097; designated §309 and amended Pub. L. 106–391, title III, §324(a)(2), (b), Oct. 30, 2000, 114 Stat. 1599, 1600; Pub. L. 109–155, title VII, §702, Dec. 30, 2005, 119 Stat. 2936. |
In subsection (d)(3), the words "without regard to the date on which the Administration entered into the waiver" are substituted for "without regard to whether it was entered into before, on, or after the date of enactment of this Act" to avoid an ambiguity in the law. Literally, the words "the date of enactment of this Act" mean July 29, 1958, the date of enactment of Public Law 85–568. However, the intended meaning of the words "the date of enactment of this Act" is probably October 20, 1999, the date of enactment of Public Law 106–74. The question as to which date is actually intended is rendered inconsequential by the words "before, on, or after".
§20140. Appropriations
(a)
(1)
(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)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3347.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20140 | 42 U.S.C. 2459. | Pub. L. 85–568, title III, §310, formerly §307, July 29, 1958, 72 Stat. 438; Pub. L. 88–113, §6, Sept. 6, 1963, 77 Stat. 144; renumbered §308, Pub. L. 94–464, §3, Oct. 8, 1976, 90 Stat. 1988; renumbered §309, Pub. L. 96–48, §6(b)(1), Aug. 8, 1979, 93 Stat. 348; renumbered §310, Pub. L. 106–391, title III, §324(a)(1), Oct. 30, 2000, 114 Stat. 1599. |
§20141. Misuse of agency name and initials
(a)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20141 | 42 U.S.C. 2459b. | Pub. L. 85–568, title III, §311, formerly §310, as added Pub. L. 98–52, title I, §107, July 15, 1983, 97 Stat. 284; renumbered §311, Pub. L. 106–391, title III, §324(a)(1), Oct. 30, 2000, 114 Stat. 1599. |
§20142. Contracts regarding expendable launch vehicles
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20142 | 42 U.S.C. 2459c. | Pub. L. 85–568, title III, §312, formerly §311, as added Pub. L. 100–147, title I, §117, Oct. 30, 1987, 101 Stat. 867; renumbered §312, Pub. L. 106–391, title III, §324(a)(1), Oct. 30, 2000, 114 Stat. 1599. |
In subsection (a), the word "expendable" is substituted for "expendabe" to correct an error in the law.
§20143. Full cost appropriations account structure
(a)
(1)
(2)
(3)
(b)
(1)
(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)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3349.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20143 | 42 U.S.C. 2459f. | Pub. L. 85–568, title III, §313, formerly §312, as added Pub. L. 106–377, §1(a)(1) [title IV, §431], Oct. 27, 2000, 114 Stat. 1441, 1441A-56; renumbered §313 and amended, Pub. L. 108–199, div. G, title IV, §417, Jan. 23, 2004, 118 Stat. 415; Pub. L. 108–447, div. I, title IV, §417, Dec. 8, 2004, 118 Stat. 3339; Pub. L. 109–155, title II, §201, Dec. 30, 2005, 119 Stat. 2915. |
In subsection (a)(1), the words "for fiscal year 2007 and thereafter" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Notice of Reprogramming or Reorganization
Pub. L. 106–391, title III, §311, Oct. 30, 2000, 114 Stat. 1594, provided that:
"(a)
"(b)
§20144. Prize authority
(a)
(b)
(c)
(d)
(e)
(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)
(1)
(2)
(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)
(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)
(i)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(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)
(5)
(j)
(k)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3350; Pub. L. 111–358, title I, §105(b), Jan. 4, 2011, 124 Stat. 3993.)
Amendment Not Shown in Text
This section was derived from section 2459f–1 of Title 42, The Public Health and Welfare, which was amended by Pub. L. 111–358, title I, §105(b), Jan. 4, 2011, 124 Stat. 3993. For applicability of this amendment to this section, see section 5(b) of Pub. L. 111–314, set out as a Transitional and Savings Provisions note preceding section 10101 of this title. Former section 2459f–1 of Title 42 was amended by striking out "The Administration may carry out a program to award prizes only in conformity with this section."
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20144 | 42 U.S.C. 2459f–1. | Pub. L. 85–568, title III, §314, as added Pub. L. 109–155, title I, §104, Dec. 30, 2005, 119 Stat. 2910; Pub. L. 110–422, title XI, §1105(b), Oct. 15, 2008, 122 Stat. 4809. |
In subsection (i)(2), subparagraph (A) is added, and the words "provisions known as the Anti-Deficiency Act" are substituted for "the Anti-Deficiency Act (31 U.S.C. 1341)", for clarity.
In subsection (i)(4), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Availability of Funds
Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160, provided that: "Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548.
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 138.
Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270.
Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2419.
Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123.
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431.
Purpose
Pub. L. 110–422, title XI, §1105(a), Oct. 15, 2008, 122 Stat. 4809, provided that: "Prizes can play a useful role in encouraging innovation in the development of technologies and products that can assist NASA [National Aeronautics and Space Administration] in its aeronautics and space activities, and the use of such prizes by NASA should be encouraged."
§20145. Lease of non-excess property
(a)
(b)
(1)
(B) Notwithstanding subparagraph (A), the Administrator may accept in-kind consideration for leases entered into for the purpose of developing renewable energy production facilities.
(2)
(A)
(B)
(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)
(c)
(d)
(e)
(1)
(2)
(f)
(1)
(2)
(3)
(4)
(5)
(g)
(1) any requirement related to the involvement of foreign entities, foreign entity ownership, and foreign entity investment; and
(2) at the discretion of the Administrator, any other requirement related to the protection and security of Administration missions and facilities.
(h)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3352; Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 626; Pub. L. 115–10, title VIII, §832, Mar. 21, 2017, 131 Stat. 67; Pub. L. 115–403, §2, Dec. 31, 2018, 132 Stat. 5348; Pub. L. 116–94, div. I, title VI, §602, Dec. 20, 2019, 133 Stat. 3028; Pub. L. 117–103, div. HH, title II, §203, Mar. 15, 2022, 136 Stat. 1113; Pub. L. 117–167, div. B, title VII, §10862, Aug. 9, 2022, 136 Stat. 1756.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20145 | 42 U.S.C. 2459j. | Pub. L. 85–568, title III, §315, as added Pub. L. 108–7, div. K, title IV, §418, Feb. 20, 2003, 117 Stat. 525; Pub. L. 110–161, div. B, title V, §533(a)–(e), Dec. 26, 2007, 121 Stat. 1931; Pub. L. 110–422, title XI, §1117(c), (d), Oct. 15, 2008, 122 Stat. 4814. |
In subsection (f)(2), the word "Administration's" is substituted for "Agency's" for clarity.
In subsection (g), the words "10 years after December 26, 2007" are substituted for "on the date that is ten years after the date of the enactment of the Commerce, Justice, Science, and Related Agencies Appropriations Act of 2008" for consistency and to reflect the date of enactment of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008 (Public Law 110–161, div. B, 121 Stat. 1884).
Editorial Notes
References in Text
The date of the enactment of the National Aeronautics and Space Administration Authorization Act of 2022, referred to in subsec. (g), is the date of enactment of title VII of div. B of Pub. L. 117–167, which was approved Aug. 9, 2022.
Amendments
2022—Subsec. (f)(3) to (5). Pub. L. 117–167, §10862(b), added pars. (3) to (5).
Subsec. (g). Pub. L. 117–167, §10862(c)(2), added subsec. (g). Former subsec. (g) redesignated (h).
Pub. L. 117–167, §10862(a), substituted "December 31, 2032" for "December 31, 2022".
Pub. L. 117–103 substituted "December 31, 2022" for "December 31, 2021".
Subsec. (h). Pub. L. 117–167, §10862(c)(1), redesignated subsec. (g) as (h).
2019—Subsec. (g). Pub. L. 116–94 substituted "December 31, 2021" for "December 31, 2019".
2018—Subsec. (g). Pub. L. 115–403 substituted "December 31, 2019" for "December 31, 2018".
2017—Subsec. (g). Pub. L. 115–10 substituted "December 31, 2018" for "10 years after December 26, 2007".
2011—Subsec. (b)(1). Pub. L. 112–55 designated existing provisions as subpar. (A) and added subpar. (B).
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 117–103, div. HH, title II, §202, Mar. 15, 2022, 136 Stat. 1113, provided that: "Congress finds the following:
"(1) NASA uses enhanced-use leasing to enter into agreements with private sector entities, State and local governments, academic institutions, and other Federal agencies for lease of non-excess, underutilized NASA properties and facilities.
"(2) NASA uses enhanced-use leasing authority to support responsible management of its real property, including to improve the use of underutilized property for activities that are compatible with NASA's mission and to reduce facility operating and maintenance costs.
"(3) In fiscal year 2019, under its enhanced-use lease authority, NASA leased 65 real properties.
"(4) In fiscal year 2019, NASA's use of enhanced-use leasing resulted in the collection of $10,843,025.77 in net revenue.
"(5) In fiscal year 2019, NASA used a portion of its enhanced-use leasing revenues for repairs of facility control systems such as lighting and heating, ventilation, and air conditioning.
"(6) NASA's use of enhanced-use leasing authority can contribute to reducing the rate of increase of the Agency's overall deferred maintenance cost."
Deposit of Proceeds
Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 263, provided in part: "That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 1958 (see 51 U.S.C. 20145), all proceeds from leases entered into under that section shall be deposited into this account [funds appropriated under the headings '
Similar provisions were contained in the following appropriation acts:
Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160.
Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548.
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 137.
Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270.
Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418.
Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123.
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431.
Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. 214.
Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. 2317.
Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203.
Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72.
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625.
Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144.
§20146. Retrocession of jurisdiction
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20146 | 42 U.S.C. 2459k. | Pub. L. 85–568, title III, §316, as added Pub. L. 109–155, title VII, §701, Dec. 30, 2005, 119 Stat. 2935. |
§20147. Recovery and disposition authority
(a)
(1)
(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)
(b)
(1)
(2)
(3)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20147 | 42 U.S.C. 2459l. | Pub. L. 85–568, title III, §317, as added Pub. L. 109–155, title VII, §705, Dec. 30, 2005, 119 Stat. 2936. |
§20148. Indemnification; NASA launch services and reentry services
(a)
(1) is more than the amount of insurance or demonstration of financial responsibility described in subsection (c)(3); and
(2) is not more than the amount specified in section 50915(a)(1)(B).
(b)
(1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and
(2) control of or assistance in the defense by the United States, at its election, of that claim or suit and approval of any settlement.
(c)
(1)
(A) a third party for death, bodily injury, or property damage or loss resulting from a launch service or reentry service carried out under the contract; and
(B) the United States Government for damage or loss to Government property resulting from a launch service or reentry service carried out under the contract.
(2)
(A)
(B)
(3)
(A)(i) $500,000,000 under paragraph (1)(A); or
(ii) $100,000,000 under paragraph (1)(B); or
(B) the maximum liability insurance available on the world market at reasonable cost.
(4)
(A) The Government.
(B) Personnel of the Government.
(C) Related entities of the Government.
(D) Related entities of the provider.
(E) Government astronauts.
(d)
(e)
(1)
(2)
(f)
(g)
(h)
(1)
(2)
(3)
(i)
(1)
(2)
(3)
(A) all obligations under this section are subject to the availability of funds; and
(B) nothing in this section may be construed to require obligation or payment of funds in violation of sections 1341, 1342, 1349 through 1351, and 1511 through 1519 of title 31, United States Code (commonly referred to as the "Anti-Deficiency Act").
(j)
(k)
(1)
(2)
(3)
(4)
(5)
(6)
(A) the United States Government;
(B) related entities of the Government involved in launch services or reentry services;
(C) a provider;
(D) related entities of the provider involved in launch services or reentry services; or
(E) a government astronaut.
(Added Pub. L. 115–10, title III, §305(a), Mar. 21, 2017, 131 Stat. 30.)
Editorial Notes
References in Text
Public Law 85–804, referred to in subsec. (i)(2), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
§20149. Medical monitoring and research relating to human space flight
(a)
(1) the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight; and
(2) the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions.
(b)
(1)
(2)
(3)
(4)
(A) payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and
(B) such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment.
(c)
(1) provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight;
(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or
(3) require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a).
(d)
(e)
(f)
(g)
(Added Pub. L. 115–10, title IV, §443(a), Mar. 21, 2017, 131 Stat. 45.)
Statutory Notes and Related Subsidiaries
Annual Reports
Pub. L. 115–10, title IV, §443(c), Mar. 21, 2017, 131 Stat. 47, provided that:
"(1)
"(2)
"(3)
Inspector General Audit
Pub. L. 115–10, title IV, §443(f), Mar. 21, 2017, 131 Stat. 47, provided that: "The Inspector General of NASA [National Aeronautics and Space Administration] shall periodically audit or review, as the Inspector General considers necessary to prevent waste, fraud, and abuse, the activities of the Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code."
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH
§20161. Congressional declaration of purpose and policy
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20161 | 42 U.S.C. 2481. | Pub. L. 85–568, title IV, §401, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20162. Definition of upper atmosphere
In this subchapter, the term "upper atmosphere" means that portion of the Earth's sensible atmosphere above the troposphere.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20162 | 42 U.S.C. 2482. | Pub. L. 85–568, title IV, §402, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20163. Program authorized
(a)
(b)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20163 | 42 U.S.C. 2483. | Pub. L. 85–568, title IV, §403, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20164. International cooperation
In carrying out the provisions of this subchapter, the Administration, subject to the direction of the President and after consultation with the Secretary of State, shall make every effort to enlist the support and cooperation of appropriate scientists and engineers of other countries and international organizations.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3355.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20164 | 42 U.S.C. 2484. | Pub. L. 85–568, title IV, §404, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 223. |
CHAPTER 203—RESPONSIBILITIES AND VISION
§20301. General responsibilities
(a)
(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)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3355.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20301 | 42 U.S.C. 16611(a). | Pub. L. 109–155, title I, §101(a), Dec. 30, 2005, 119 Stat. 2897. |
Statutory Notes and Related Subsidiaries
Improved Process for Yield Determination; Report; Definitions
Pub. L. 118–31, div. A, title XVI, §1601(b)–(d), Dec. 22, 2023, 137 Stat. 583, provided that:
"(b)
"(c)
"(d)
"(1) The term 'appropriate congressional committees' means the following:
"(A) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
"(B) The Committee on Commerce, Science, and Transportation of the Senate.
"(C) The Committee on Science, Space, and Technology of the House of Representatives.
"(D) The Committee on Transportation and Infrastructure of the House of Representatives.
"(2) The term 'LOX-Methane Assessment working group' means the ongoing interagency working group studying the explosive characteristics of liquid oxygen and methane and comprised of representatives from the Department of Defense, the Department of Transportation, and the National Aeronautics and Space Administration.
"(3) The term 'launch vehicle' has the meaning given such term in section 50902(11) of title 51, United States Code."
Space Launch System Configurations
Pub. L. 117–167, div. B, title VII, §10812, Aug. 9, 2022, 136 Stat. 1735, provided that:
"(a)
"(1) the necessary elements of a ground system infrastructure are in place to enable the preparation and use of the Space Launch System, specifically the Block 1 (at least 70 mt), Block 1B (at least 105 mt), and Block 2 (at least 130 mt) variants of the Space Launch System; and
"(2) not fewer than 2 bays of the vehicle assembly building of such ground system infrastructure are outfitted and dedicated to support Space Launch System stacking and preparations.
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(d)
"(1) not later than 45 days after the date of the enactment of this Act [Aug. 9, 2022], a report on the steps the Administrator and industry partners are taking—
"(A) to address the cost, schedule, and performance challenges in the development of the Mobile Launch–2 platform; and
"(B) to ensure that such platform is ready for operational use on a schedule that aligns with the current plans for an Artemis IV launch, which is currently anticipated in 2027; and
"(2) not later than 90 days after such date of enactment, a report that contains a list of the key milestones required for completing each of the Space Launch System variants, and an estimated date on which such milestones will be completed.
"(e)
"(1)
"(2)
"(f)
[For definitions of terms used in section 10812 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Rocket Engine Test Infrastructure
Pub. L. 117–167, div. B, title VII, §10813, Aug. 9, 2022, 136 Stat. 1736, provided that:
"(a)
"(1) to increase capabilities;
"(2) to enhance safety;
"(3) to support propulsion development and testing; and
"(4) to foster the improvement of Government and commercial space transportation and exploration.
"(b)
"(1) infrastructure and other facilities and systems relating to rocket propulsion test stands and rocket propulsion testing;
"(2) enhancements to test facility capacity and flexibility; and
"(3) such other projects as the Administrator considers appropriate to meet the goals described in that subsection.
"(c)
"(1) to the extent practicable and appropriate, prioritize investments in projects that enhance test and flight certification capabilities, including for large thrust-level atmospheric and altitude engines and engine systems, and multi-engine integrated test capabilities;
"(2) continue to make underutilized test facilities available for commercial use on a reimbursable basis; and
"(3) ensure that no project carried out under this program adversely impacts, delays, or defers testing or other activities associated with facilities used for Government programs, including—
"(A) the Space Launch System and the Exploration Upper Stage of the Space Launch System;
"(B) in-space propulsion to support exploration missions; or
"(C) nuclear propulsion testing.
"(d)
"(e)
"(1)
"(2)
"(A) An assessment of prior use, if any, of the authority under section 30102 of title 51, United States Code, to improve testing infrastructure.
"(B) An analysis of any barrier to implementation of such authority for the purpose of promoting increased use of NASA rocket propulsion test infrastructure."
[For definitions of terms used in section 10813 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Search for Life
Pub. L. 117–167, div. B, title VII, §10822, Aug. 9, 2022, 136 Stat. 1740, provided that:
"(a)
"(1) the report entitled 'An Astrobiology Strategy for the Search for Life in the Universe' published by the National Academies of Sciences, Engineering, and Medicine outlines key scientific questions and methods on the search for the origin, evolution, distribution, and future of life in the universe; and
"(2) the interaction of lifeforms with their environment, a central focus of astrobiology research, is a topic of broad significance to life sciences research in space and on Earth.
"(b)
"(1)
"(A) the scientific priorities of the most recent decadal surveys on planetary science and astrobiology and astronomy and astrophysics of the National Academies of Sciences, Engineering, and Medicine; and
"(B) the objective described in section 20102(d)(10) of title 51, United States Code.
"(2)
"(3)
"(4)
"(5)
Space Nuclear Capabilities
Pub. L. 117–167, div. B, title VII, §10841, Aug. 9, 2022, 136 Stat. 1751, provided that:
"(a)
"(1)
"(2)
"(A)
"(B)
"(i) Research and development in both nuclear electric and nuclear thermal propulsion technology maturation efforts, to the extent practicable, and the development of consistent figures of merit across both nuclear electric and nuclear thermal systems, as recommended by the National Academies of Sciences, Engineering, and Medicine in the report entitled 'Space Nuclear Propulsion for Human Mars Exploration', so as to inform a down-selection of a nuclear electric or nuclear thermal propulsion system by 2026, or as early as practicable.
"(ii) Ground-based testing, to the extent practicable, including not less than 1 ground-based test of a full-scale, integrated nuclear propulsion system before any in-space test or demonstration of such system.
"(iii) In-space demonstration of a nuclear propulsion system in the late 2020's, which may be carried out as a cargo mission to Mars.
"(3)
"(A)
"(B)
"(i) A timeline to mature enabling technologies and an outline of major milestones for integration of such technologies into the larger nuclear propulsion system.
"(ii) A cost estimate for maturing such technologies.
"(iii) A description of facility requirements for the program under paragraph (2) associated with such technologies.
"(iv) A description of the manner in which the Administrator will use the efforts described in paragraph (2)(B) to determine whether the in-space flight test should demonstrate a nuclear electric propulsion system or a nuclear thermal propulsion system.
"(C) An identification of any policy or regulatory challenges or barriers to conducting such in-space test or any precursor ground-based testing, and a description of options for addressing such challenges or barriers.
"(b)
"(1)
"(2)
"(A)
"(i) develop a plan and timeline for the program established under paragraph (1), taking into consideration mission needs; and
"(ii) include in such plan opportunities for participation by United States commercial entities.
"(B)
"(c)
"(1)
"(2)
"(3)
[For definitions of terms used in section 10841 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Prioritization of Low-Enriched Uranium Technology
Pub. L. 117–167, div. B, title VII, §10842, Aug. 9, 2022, 136 Stat. 1753, provided that:
"(a)
"(b)
"(c)
[For definitions of terms used in section 10842 of Pub. L. 116–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Funding for Certain Lunar Transportation and Habitation Capabilities, Lunar Terrain Mobility Capabilities, Exploration Mission Rated Suits, Lunar Communications and Navigation Capabilities
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 136, provided in part: "That acquisition of human-rated deep space exploration lunar and cislunar transportation and habitation capabilities, human-rated lunar terrain mobility capabilities, exploration mission rated suits, lunar communications and navigation capabilities, and their associated components, may be funded incrementally in fiscal year 2022 and thereafter."
Funding for Orion, Space Launch System, Exploration Ground Systems, and Mobile Launch Platforms
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 430, provided in part: "That acquisition of Orion crew vehicles, SLS launch vehicles, Exploration Ground Systems, mobile launch platforms, and their associated components may be funded incrementally in fiscal year 2018 and thereafter".
Space Launch System, Orion, and Exploration Ground Systems
Pub. L. 115–10, title IV, §421, Mar. 21, 2017, 131 Stat. 35, as amended by Pub. L. 117–167, div. B, title VII, §10817(a), Aug. 9, 2022, 136 Stat. 1740, provided that:
"(a)
"(1) NASA has made steady progress in developing and testing the Space Launch System and Orion exploration systems with the successful Exploration Flight Test of Orion in December of 2014, the final qualification test firing of the 5-segment Space Launch System boosters in June 2016, and a full thrust, full duration test firing of the RS–25 Space Launch System core stage engine in August 2016.
"(2) Through the 21st Century Launch Complex program and Exploration Ground Systems programs, NASA has made significant progress in transforming exploration ground systems infrastructure to meet NASA's mission requirements for the Space Launch System and Orion and to modernize NASA's launch complexes to the benefit of the civil, defense, and commercial space sectors.
"(b)
"(1)
"(2)
"(c)
"(1) as the United States works to send humans on a series of missions to Mars in the 2030s, the United States national space program should continue to make progress on its commitment by fully developing the Space Launch System, Orion, and related Exploration Ground Systems;
"(2) using the Space Launch System and Orion for a wide range of contemplated missions will facilitate the national defense, science, and exploration objectives of the United States;
"(3) the United States should have continuity of purpose for the Space Launch System and Orion in deep space exploration missions, using them beginning with the uncrewed mission, Artemis I, planned for 2018, followed by the crewed mission, Artemis II, in cis-lunar space planned for 2021, and for subsequent missions beginning with Artemis III extending into cis-lunar space and eventually to Mars;
"(4) the President's annual budget requests for the Space Launch System and Orion development, test, and operational phases should strive to accurately reflect the resource requirements of each of those phases;
"(5) the fully integrated Space Launch System, including an upper stage needed to go beyond low-Earth orbit, will safely enable human space exploration of the Moon, Mars, and beyond; and
"(6) the Administrator should budget for and undertake a robust ground test and uncrewed and crewed flight test and demonstration program for the Space Launch System and Orion in order to promote safety and reduce programmatic risk.
"(d)
"(e)
"(1)
"(2)
"(A) those components and systems of Orion that ensure it is in compliance with section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3));
"(B) the expected date that Orion, integrated with a vehicle other than the Space Launch System, could be available to transport crew and cargo to the ISS;
"(C) any impacts to the deep space exploration missions under subsection (f) of this section due to enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph; and
"(D) the overall cost and schedule impacts associated with enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph.
"(f)
"(1) an uncrewed exploration mission to demonstrate the capability of both the Space Launch System and Orion as an integrated system by 2018;
"(2) subject to applicable human rating processes and requirements, a crewed exploration mission to demonstrate the Space Launch System, including the Core Stage and Exploration Upper Stages, by 2021;
"(3) subsequent missions beginning with Artemis III at operational flight rate sufficient to maintain safety and operational readiness using the Space Launch System and Orion to extend into cis-lunar space and eventually to Mars; and
"(4) a deep space habitat as a key element in a deep space exploration architecture along with the Space Launch System and Orion.
"(g)
"(h)
"(1)
"(2)
"(A) consider the technical requirements of the scientific and national security communities related to a cargo variant of the Space Launch System; and
"(B) directly assess the utility and estimated cost savings obtained by using a cargo variant of the Space Launch System for national security and space science missions.
"(3)
[Pub. L. 117–167, div. B, title VII, §10817(a), Aug. 9, 2022, 136 Stat. 1740, which directed amendment of section 421 of the National Aeronautics and Space Administration Authorization Act of 2017, was executed by amending section 421 of Pub. L. 115–10, set out above, which is section 421 of the National Aeronautics and Space Administration Transition Authorization Act of 2017, to reflect the probable intent of Congress.]
[For definitions of terms used in section 421 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
Maintaining a Balanced Space Science Portfolio
Pub. L. 115–10, title V, §501, Mar. 21, 2017, 131 Stat. 48, provided that:
"(a)
"(1) a balanced and adequately funded set of activities, consisting of research and analysis grant programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery; and
"(2) the Administrator [of the National Aeronautics and Space Administration] should set science priorities by following the guidance provided by the scientific community through the National Academies of Sciences, Engineering, and Medicine's decadal surveys.
"(b)
Planetary Science
Pub. L. 115–10, title V, §502, Mar. 21, 2017, 131 Stat. 48, provided that:
"(a)
"(1) Administration [National Aeronautics and Space Administration] support for planetary science is critical to enabling greater understanding of the solar system and the origin of the Earth;
"(2) the United States leads the world in planetary science and can augment its success in that area with appropriate international, academic, and industry partnerships;
"(3) a mix of small, medium, and large planetary science missions is required to sustain a steady cadence of planetary exploration; and
"(4) robotic planetary exploration is a key component of preparing for future human exploration.
"(b)
"(1)
"(2)
Extrasolar Planet Exploration Strategy
Pub. L. 115–10, title V, §508, Mar. 21, 2017, 131 Stat. 50, provided that:
"(a)
"(1)
"(2)
"(A) outline key scientific questions;
"(B) identify the most promising research in the field;
"(C) indicate the extent to which the mission priorities in existing decadal surveys address the key extrasolar planet research and exploration goals;
"(D) identify opportunities for coordination with international partners, commercial partners, and not-for-profit partners; and
"(E) make recommendations regarding the activities under subparagraphs (A) through (D), as appropriate.
"(b)
"(1) to inform roadmaps, strategic plans, and other activities of the Administration [National Aeronautics and Space Administration] as they relate to extrasolar planet research and exploration; and
"(2) to provide a foundation for future activities and initiatives related to extrasolar planet research and exploration.
"(c)
Astrobiology Strategy
Pub. L. 115–10, title V, §509, Mar. 21, 2017, 131 Stat. 50, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
Space Technology Research and Development
Pub. L. 115–10, title VII, §§701, 702, Mar. 21, 2017, 131 Stat. 56, 57 provided that:
"SEC. 701. SPACE TECHNOLOGY INFUSION.
"(a)
"(1) to developing technologies and capabilities that will make the Administration [National Aeronautics and Space Administration]'s core missions more affordable and more reliable;
"(2) to enabling a new class of Administration missions beyond low-Earth orbit; and
"(3) to improving technological capabilities and promote innovation for the Administration and the Nation.
"(b)
"(c)
"(d)
"SEC. 702. SPACE TECHNOLOGY PROGRAM.
"(a)
"(b)
"(1) the recommendations of the National Academies' review of the Administration's Space Technology roadmaps and priorities; and
"(2) the applicable enabling aspects of the stepping stone approach to exploration under section 70504 of title 51, United States Code.
"(c)
"(1) to the extent practicable, use a competitive process to select research and development projects;
"(2) to the extent practicable and appropriate, use small satellites and the Administration's suborbital and ground-based platforms to demonstrate space technology concepts and developments; and
"(3) as appropriate, partner with other Federal agencies, universities, private industry, and foreign countries.
"(d)
"(e)
"(f)
"(1)
"(A) ensure that the Administration's projects, programs, and activities in support of technology research and development of advanced space technologies are fully coordinated and aligned;
"(B) ensure that the results [of] the projects, programs, and activities under subparagraph (A) are shared and leveraged within the Administration; and
"(C) ensure that the organizational responsibility for research and development activities in support of human space exploration not initiated as of the date of enactment of this Act [Mar. 21, 2017] is established on the basis of a sound rationale.
"(2)
"(g)
"(1) comparing the Administration's space technology investments with the high-priority technology areas identified by the National Academies in the National Research Council's report on the Administration's Space Technology Roadmaps; and
"(2) including—
"(A) identification of how the Administration will address any gaps between the agency's investments and the recommended technology areas, including a projection of funding requirements; and
"(B) identification of the rationale described in subsection (f)(1)(C).
"(h)
Executive Documents
Space Policy Directive–6. National Strategy for Space Nuclear Power and Propulsion
Space Policy Directive–6, Dec. 16, 2020, 85 F.R. 82873, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Energy[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of the National Aeronautics and Space Administration[,] the Chairman of the Nuclear Regulatory Commission[, and] the Director of the Office of Science and Technology Policy
National Security Presidential Memorandum–20 (NSPM–20) of August 20, 2019 (Launch of Spacecraft Containing Space Nuclear Systems), updated the process for launches of spacecraft containing space nuclear systems. It established it as the policy of the United States to "develop and use space nuclear systems when such systems safely enable or enhance space exploration or operational capabilities."
Cooperation with commercial and international partners is critical to achieving America's objectives for space exploration. Presidential Policy Directive 4 of June 28, 2010 (National Space Policy), as amended by the Presidential Memorandum of December 11, 2017 (Reinvigorating America's Human Space Exploration Program) [82 F.R. 58501], established it as the policy of the United States to "[l]ead an innovative and sustainable program of exploration with commercial and international partners to enable human expansion across the solar system and to bring back to Earth new knowledge and opportunities."
This memorandum establishes a national strategy to ensure the development and use of SNPP systems when appropriate to enable and achieve the scientific, exploration, national security, and commercial objectives of the United States. In the context of this strategy only, the term "development" includes the full development process from design through testing and production, and the term "use" includes launch, operation, and disposition. This memorandum outlines high-level policy goals and a supporting roadmap that will advance the ability of the United States to use SNPP systems safely, securely, and sustainably. The execution of this strategy will be subject to relevant budgetary and regulatory processes and to the availability of appropriations.
(a) Develop uranium fuel processing capabilities that enable production of fuel that is suitable to lunar and planetary surface and in-space power, nuclear electric propulsion (NEP), and nuclear thermal propulsion (NTP) applications, as needed. These capabilities should support the ability to produce different uranium fuel forms to meet the nearest-term mission needs and, to the extent feasible, should maximize commonality—meaning use of the same or similar materials, processes, designs, or infrastructure—across these fuel forms. To maximize private-sector engagement and cost savings, these capabilities should be developed to enable a range of terrestrial as well as space applications, including future commercial applications;
(b) Demonstrate a fission power system on the surface of the Moon that is scalable to a power range of 40 kilowatt-electric (kWe) and higher to support a sustained lunar presence and exploration of Mars. To the extent feasible, this power system should align with mission needs for, and potential future government and commercial applications of, in-space power, NEP, and terrestrial nuclear power;
(c) Establish the technical foundations and capabilities—including through identification and resolution of the key technical challenges—that will enable options for NTP to meet future Department of Defense (DoD) and National Aeronautics and Space Administration (NASA) mission requirements; and
(d) Develop advanced RPS capabilities that provide higher fuel efficiency, higher specific energy, and longer operational lifetime than existing RPS capabilities, thus enabling survivable surface elements to support robotic and human exploration of the Moon and Mars and extending robotic exploration of the solar system.
(a) Safety. All executive departments and agencies (agencies) involved in the development and use of SNPP systems shall take appropriate measures to ensure, within their respective roles and responsibilities, the safe development, testing, launch, operation, and disposition of SNPP systems. For United States Government SNPP programs, the sponsoring agency holds primary responsibility for safety. For programs involving multiple agencies, the terms of cooperation shall designate a lead agency with primary responsibility for safety in each stage of development and use.
(i) Ground development. Activities associated with ground development, including ground testing, of SNPP systems shall be conducted in accordance with applicable Federal, State, and local laws and existing authorities of regulatory agencies.
(ii) Launch. NSPM–20 established safety guidelines and safety analysis and review processes for Federal Government launches of spacecraft containing space nuclear systems, including SNPP systems, and for launches for which the Department of Transportation has statutory authority to license as commercial space launch activities (commercial launches). These guidelines and processes address launch and any subsequent stages during which accidents may result in radiological effects on the public or the environment—for instance, in an unplanned reentry from Earth orbit or during an Earth flyby. Launch activities shall be conducted in accordance with these guidelines and processes.
(iii) Operation and disposition. The operation and disposition of SNPP systems shall be planned and conducted in a manner that protect human and environmental safety and national security assets. Fission reactor SNPP systems may be operated on interplanetary missions, in sufficiently high orbits, and in low-Earth orbits if they are stored in sufficiently high orbits after the operational part of their mission. In this context, a sufficiently high orbit is one in which the orbital lifetime of the spacecraft is long enough for the fission products to decay to a level of radioactivity comparable to that of uranium–235 by the time it reenters the Earth's atmosphere, and the risks to existing and future space missions and of collision with objects in space are minimized. Spacecraft operating fission reactors in low-Earth orbits shall incorporate a highly reliable operational system to ensure effective and controlled disposition of the reactor.
(b) Security. All agencies involved in the development and use of SNPP systems shall take appropriate measures to protect nuclear and radiological materials and sensitive information, consistent with sound nuclear nonproliferation principles. For United States Government SNPP programs, the sponsoring agency holds primary responsibility for security. For programs involving multiple agencies, the terms of cooperation shall designate a lead agency with primary responsibility for security in each stage of development and use. The use of highly enriched uranium (HEU) in SNPP systems should be limited to applications for which the mission would not be viable with other nuclear fuels or non-nuclear power sources. Before selecting HEU or, for fission reactor systems, any nuclear fuel other than low-enriched uranium (LEU), for any given SNPP design or mission, the sponsoring agency shall conduct a thorough technical review to assess the viability of alternative nuclear fuels. The sponsoring agency shall provide to the respective staffs of the National Security Council, the National Space Council, the Office of Science and Technology Policy, and the Office of Management and Budget a briefing that provides justification for why the use of HEU or other non-LEU fuel is required, and any steps the agency has taken to address nuclear safety, security, and proliferation-related risks. The Director of the Office of Science and Technology Policy shall ensure, through the National Science and Technology Council, that other relevant agencies are invited to participate in these briefings.
(c) Sustainability. All agencies involved in the development and use of SNPP systems shall take appropriate measures to conduct these activities in a manner that is suitable for the long-term sustainment of United States space capabilities and leadership in SNPP.
(i) Coordination and Collaboration. To maximize efficiency and return on taxpayer investment, the heads of relevant agencies shall seek and pursue opportunities to coordinate among existing and future SNPP development and use programs. Connecting current efforts with likely future applications will help ensure that such programs can contribute to long-term United States SNPP capabilities and leadership. Agencies also shall seek opportunities to partner with the private sector, including academic institutions, in order to facilitate contributions to United States SNPP capabilities and leadership. To help identify opportunities for collaboration, the heads of relevant agencies should conduct regular technical exchanges among SNPP programs, to the extent that such exchanges are consistent with the principle of security and comply with applicable Federal, State, and local laws. Agencies shall coordinate with the Department of State when seeking opportunities for international partnerships.
(ii) Commonality. The heads of relevant agencies shall seek to identify and use opportunities for commonality among SNPP systems, and between SNPP and terrestrial nuclear systems, whenever doing so could advance program and policy objectives without unduly inhibiting innovation or market development, or hampering system suitability to specific mission applications. For example, opportunities for commonality may exist in goals (e.g., demonstration timeline), reactor design, nuclear fuels (e.g., fuel type and form, and enrichment level), supplementary systems (e.g., power conversion, moderator, reflector, shielding, and system vessel), methods (e.g., additive manufacturing of fuel or reactor elements), and infrastructure (e.g., fuel supply, testing facilities, launch facilities, and workforce).
(iii) Cost-effectiveness. The heads of relevant agencies should pursue SNPP development and use solutions that are cost-effective while also consistent with the principles of safety and security. For any program or system, the heads of such agencies should seek to identify the combination of in-space and ground-based testing and certification that will best qualify the system for a given mission while ensuring public safety.
(b) The Secretary of State shall, under the direction of the President, coordinate United States activities related to international obligations and commitments and international cooperation involving SNPP.
(c) The Secretary of Defense shall conduct and support activities associated with development and use of SNPP systems to enable and achieve United States national security objectives. When appropriate, the Secretary of Defense shall facilitate private-sector engagement in DoD SNPP activities.
(d) The Secretary of Commerce shall promote responsible United States commercial SNPP investment, innovation, and use, and shall, when consistent with the authorities of the Secretary, ensure the publication of clear, flexible, performance-based rules that are applicable to use of SNPP and are easily navigated. Under the direction of the Secretary of Commerce, the Department of Commerce (DOC) shall ascertain and communicate the views of private-sector partners and potential private-sector partners to relevant agency partners in order to facilitate public-private collaboration in SNPP development and use.
(e) The Secretary of Transportation's statutory authority includes licensing commercial launches and reentries, including vehicles containing SNPP systems. Within this capacity, the Secretary of Transportation shall, when appropriate, facilitate private-sector engagement in the launch or reentry aspect of SNPP development and use activities, in support of United States science, exploration, national security, and commercial objectives. To help ensure the launch safety of an SNPP payload, and consistent with 51 U.S.C. 50904, a payload review may be conducted as part of a license application review or may be requested by a payload owner or operator in advance of or apart from a license application.
(f) The Secretary of Energy shall, in coordination with sponsoring agencies and other agencies, as appropriate, support development and use of SNPP systems to enable and achieve United States scientific, exploration, and national security objectives. When appropriate, the Secretary of Energy shall work with sponsoring agencies and DOC to facilitate United States private-sector engagement in Department of Energy (DOE) SNPP activities. Under the direction of the Secretary of Energy and consistent with the authorities granted to DOE, including authorities under the Atomic Energy Act of 1954 (AEA), as amended, 42 U.S.C. 2011, et seq., DOE may authorize ground-based SNPP development activities, including DOE activities conducted in coordination with sponsoring agencies and private-sector entities. As directed in NSPM–20, the Secretary of Energy shall maintain, on a full-cost recovery basis, the capability and infrastructure to develop, furnish, and conduct safety analyses for space nuclear systems for use in United States Government space systems.
(g) The Administrator of NASA shall conduct and support activities associated with development and use of SNPP systems to enable and achieve United States space science and exploration objectives. The Administrator of NASA shall establish the performance requirements for SNPP capabilities necessary to achieve those objectives. When appropriate, the Administrator of NASA shall facilitate private-sector engagement in NASA SNPP activities, and shall coordinate with the Secretary of Commerce and, as appropriate, the Secretary of State and the Secretary of Energy, to help facilitate private-sector SNPP activities.
(h) The Nuclear Regulatory Commission (NRC) has statutory authority under the AEA for licensing and regulatory safety and security oversight of commercial nuclear activities taking place within the United States. The NRC should, as appropriate and particularly in circumstances within NRC authority where DOE regulatory authorities cannot be applied, enable private-sector engagement in SNPP development and use activities in support of United States science, exploration, national security, and commercial objectives.
(i) The Director of the Office and Science and Technology Policy shall coordinate United States policy related to research and development of SNPP systems.
(a) By the mid-2020s, develop uranium fuel processing capabilities that enable production of fuel that is suitable for lunar and planetary surface and in-space power, NEP, and NTP applications, as needed.
(i) Identify relevant mission needs. DoD and NASA should provide to DOE any mission needs (e.g., power density, environment, and timelines) relevant to the identification of fuels suitable for planetary surface and in-space power, NEP, and NTP applications.
(ii) Identify candidate fuel or fuels. DoD and NASA, in cooperation with DOE and private-sector partners, as appropriate, should identify candidate fuel or fuels to meet the identified mission requirements. This review and assessment should account for current and expected United States capabilities to produce and qualify for use candidate fuels, and for potential commonality of fuels or fuel variants across multiple planetary surface and in-space power, in-space propulsion, and terrestrial applications.
(iii) Qualify at least one candidate fuel. DoD and NASA, in cooperation with DOE and private-sector partners, as appropriate, should qualify a fuel or fuels for demonstrations of a planetary surface power reactor and an in-space propulsion system. While seeking opportunities to use private-sector-partner capabilities, agencies should ensure that the Federal Government retains an ability for screening and qualification of candidate fuels.
(iv) Supply fuel for demonstrations. DOE, in cooperation with NASA and DoD, and with private-sector partners, as appropriate, should identify feedstock and uranium that can be made available for planetary surface power and in-space propulsion demonstrations. DOE shall ensure that any provision of nuclear material for SNPP will not disrupt enriched uranium supplies for the United States nuclear weapons program and the naval propulsion program, and that SNPP needs are included among broader considerations of nuclear fuel supply provisioning and management.
(b) By the mid- to late-2020s, demonstrate a fission power system on the surface of the Moon that is scalable to a power range of 40 kWe and higher to support sustained lunar presence and exploration of Mars.
(i) Initiate a surface power project. NASA should initiate a fission surface power project for lunar surface demonstration by 2027, with scalability to Mars exploration. NASA should consult with DoD and other agencies, and with the private sector, as appropriate, when developing project requirements.
(ii) Conduct technology and requirements assessment. NASA, in coordination with DoD and other agencies, and with private-sector partners, as appropriate, should evaluate technology options for a surface power system including reactor designs, power conversion, shielding, and thermal management. NASA should work with other agencies, and private-sector partners, as appropriate, to evaluate opportunities for commonality among other SNPP needs, including in-space power and terrestrial power needs, possible NEP technology needs, and reactor demonstrations planned by NASA, other agencies, or the private sector.
(iii) Engage the private sector. DOE and NASA should determine a mechanism or mechanisms for engaging with the private sector to meet NASA's SNPP surface power needs in an effective manner consistent with the guiding principles set forth in this memorandum. In evaluating mechanisms, DOE and NASA should consider the possibility of NASA issuing a request for proposal for the development and construction of the surface power reactor system or demonstration.
(iv) System development. NASA should work with DOE, and with other agencies and private-sector partners, as appropriate, to develop the lunar surface power demonstration project.
(v) Conduct demonstration mission. NASA, in coordination with other agencies and with private-sector partners, as appropriate, should launch and conduct the lunar surface power demonstration project.
(c) By the late-2020s, establish the technical foundations and capabilities—including through identification and resolution of the key technical challenges—that will enable NTP options to meet future DoD and NASA mission needs.
(i) Conduct requirements assessment. DoD and NASA, in cooperation with DOE, and with other agencies and private-sector partners, as appropriate, should assess the ability of NTP capabilities to enable and advance existing and potential future DoD and NASA mission requirements.
(ii) Conduct technology assessment. DoD and NASA, in cooperation with DOE, and with other agencies and private-sector partners, as appropriate, should evaluate technology options and associated key technical challenges for an NTP system, including reactor designs, power conversion, and thermal management. DoD and NASA should work with their partners to evaluate and use opportunities for commonality with other SNPP needs, terrestrial power needs, and reactor demonstration projects planned by agencies and the private sector.
(iii) Technology development. DoD, in coordination with DOE and other agencies, and with private-sector partners, as appropriate, should develop reactor and propulsion system technologies that will resolve the key technical challenges in areas such as reactor design and production, propulsion system and spacecraft design, and SNPP system integration.
(d) By 2030, develop advanced RPS capabilities that provide higher fuel efficiency, higher specific energy, and longer operational lifetime than existing RPS capabilities, thus enabling survivable surface elements to support robotic and human exploration of the Moon and Mars and extending robotic exploration of the solar system.
(i) Maintain RPS capability. Mission sponsoring agencies should assess their needs for radioisotope heat source material to meet emerging mission requirements, and should work with DOE to jointly identify the means to produce or acquire the necessary material on a timeline that meets mission requirements.
(ii) Engage the private sector. NASA, in coordination with DOE and DOC, should conduct an assessment of opportunities for engaging the private sector to meet RPS needs in an effective manner consistent with the guiding principles established in this memorandum.
(iii) Conduct technology and requirements assessment. NASA, in coordination with DOE and DoD, and with other agencies and private-sector partners, as appropriate, should assess requirements for next-generation RPS systems and evaluate technology options for meeting those requirements.
(iv) System development. DOE, in coordination with NASA and DoD, and with other agencies and private-sector partners, as appropriate, should develop one or more next-generation RPS system or systems to meet the goals of higher fuel efficiency, higher specific energy, and longer operational lifetime for the required range of power.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Energy is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§20302. Vision for space exploration
(a)
(b)
(c)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356; Pub. L. 115–10, title IV, §413, Mar. 21, 2017, 131 Stat. 33.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20302 | 42 U.S.C. 16611(b). | Pub. L. 109–155, title I, §101(b), Dec. 30, 2005, 119 Stat. 2898. |
Editorial Notes
Amendments
2017—Subsec. (a). Pub. L. 115–10, §413(1), inserted "in cis-lunar space or" after "sustained human presence".
Subsec. (b). Pub. L. 115–10, §413(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "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."
Subsec. (c). Pub. L. 115–10, §413(3), added subsec. (c).
Statutory Notes and Related Subsidiaries
Moon to Mars
Pub. L. 117–167, div. B, title VII, §10811, Aug. 9, 2022, 136 Stat. 1731, provided that:
"(a)
"(1) advances in space technology and space exploration capabilities—
"(A) ensure the long-term technological preeminence, economic competitiveness, STEM workforce development, and national security of the United States; and
"(B) offer profound inspirational value for future generations;
"(2) the Artemis missions—
"(A) will make further progress on advancing the human exploration roadmap to achieve human presence beyond low-Earth orbit to the surface of Mars, as required under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note);
"(B) should fulfill the goal of landing United States astronauts, including the first woman and the next man, on the Moon; and
"(C) should seek collaboration with commercial and international partners to establish sustainable lunar exploration, and should fund any sustainable lunar activities not directly required for the advancement of a human mission to Mars separately;
"(3) in carrying out the Artemis missions, the Administrator [of the National Aeronautics and Space Administration] should ensure that the entire Artemis program is inclusive and representative of all people of the United States, including women and minorities;
"(4) safe and successful execution of the roadmap to achieve human presence on Mars, including the Artemis missions, requires—
"(A) a clear strategic vision for achieving lunar and Mars exploration that is shared by NASA [National Aeronautics and Space Administration], international partners, nongovernmental partners, Congress, and the people of the United States;
"(B) a well-developed and executable timeline, budget, and mission architecture, to inform decisions, including decisions relating to workforce and infrastructure needs and the development of technical and nontechnical skills;
"(C) consistent NASA oversight of all relevant exploration activities, enabled by NASA leadership with authority, responsibility, and accountability for decisions and well-developed capabilities for systems engineering and integration;
"(D) clearly defined roles for NASA, international partners, and nongovernmental partners, including criteria for determining whether NASA should make, manage, or buy key capabilities; and
"(E) mechanisms to ensure NASA insight into the activities of its international and nongovernmental partners, as required to identify and mitigate risks to mission safety and success.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) The Space Launch System under section 20302 of title 51, United States Code.
"(ii) The Orion crew vehicle under such section.
"(iii) Exploration Ground Systems.
"(iv) An outpost in orbit around the Moon under section 70504 of such title [probably should be "section 70505 of such title"].
"(v) Human-rated landing systems.
"(vi) Spacesuits.
"(vii) Any other element needed to meet the requirements for the Program.
"(C)
"(i) each Artemis mission demonstrates or advances a technology or operational concept that will enable human missions to Mars;
"(ii) the Program incorporates each such mission into the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. 20302 note); and
"(iii) the Program includes cislunar space exploration activities that—
"(I) use a combination of launches of the Space Launch System and space transportation services from United States commercial providers, as appropriate, for each such mission;
"(II) plan for not fewer than 1 Space Launch System launch annually beginning after the first successful crewed launch of Orion on the Space Launch System, with a goal of 2 Space Launch System launches annually as soon as practicable; and
"(III) establish an outpost in orbit around the Moon that—
"(aa) demonstrates technologies, systems, and operational concepts directly applicable to the space vehicle that will be used to transport humans to Mars;
"(bb) has the capability for periodic human habitation; and
"(cc) functions as a point of departure, return, or staging for missions to multiple locations on the lunar surface or other destinations.
"(3)
"(A)
"(B)
"(i) to implement—
"(I) Program-level requirements; and
"(II) an architecture and program plan developed to meet such requirements;
"(ii) to manage resources, personnel, and contracts necessary to implement the Program, as appropriate;
"(iii) to manage cost, risk, schedule, and performance factors;
"(iv) to direct and oversee a Program-wide systems engineering and integration and integrated risk management function; and
"(v) to carry out other authorities, in accordance with [National Aeronautics and Space] Administration policies and procedures.
"(C)
"(i) developing and managing—
"(I) an integrated master plan, integrated master schedule, and integrated risk management procedures for the Program;
"(II) a Program-wide systems engineering and integration function as described in subsection (c);
"(III) plans for technology and capabilities development;
"(IV) logistics support, science data management, communications, and other plans that are relevant to the functions of the Office; and
"(V) performance measures to assess the progress of the Program;
"(ii) advising the Associate Administrator of the Exploration Systems Development Mission Directorate on the development of—
"(I) Program-level requirements, including for a human Mars orbital mission and a human mission to the surface of Mars; and
"(II) an architecture based on the requirements described in subclause (I); and
"(iii) informing the Associate Administrator of the Administration on coordination among NASA centers, as required to most efficiently achieve the goals of the Program.
"(c)
"(1) establish within the Office a Program-wide systems engineering and integration function; and
"(2) appoint a manager for such function to manage systems engineering and integration activities across the Program, including with respect to the Program elements described in subsection (b)(2).
"(d)
"(1) for the purposes of reducing risk and complexity and making the maximum use of taxpayer investments to date, in conducting Artemis activities, the Administration does not take any action in regard to the design of the Exploration Upper Stage-enhanced Space Launch System that would preclude it from carrying an integrated human-rated lunar landing system for crewed lunar landing missions;
"(2) the Program maintains a robust series of ground-based and in-flight testing activities, including, with respect to each crewed system design, not less than 1 uncrewed flight test, followed by a crewed flight test, as appropriate, prior to use of the design on a human-rated lunar landing system or Mars mission; and
"(3) human lunar landing missions under the Program, including surface and in-space activities, are carried out solely by government astronauts.
"(e)
"(1) progress towards the establishment of—
"(A) the Office, the Program, and the Program architecture; and
"(B) the integrated master plan, integrated master schedule, and integrated risk management procedures for the Program;
"(2) performance measures and milestones for the Program and any interim assessment with respect to such performance measures, as practicable;
"(3) initial criteria for determining whether NASA should make, manage, or buy key capabilities within the Program or engage with international partners to access such capabilities;
"(4) strategies to ensure consistent insight into the activities of NASA partners, including nongovernmental partners, as required to identify and mitigate mission risks;
"(5) progress towards the establishment of a systems engineering and integration function; and
"(6) an annual budget profile for resources required to implement the Program during the 5-year period beginning on the date of the enactment of this Act."
[For definition of "STEM" as used in section 10811 of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
[For definitions of "Orion", "cislunar space", and "government astronauts" as used in section 10811 of Pub. L. 117–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
Human Space Exploration
Pub. L. 115–10, title IV, §§431, 432, Mar. 21, 2017, 131 Stat. 38, as amended by Pub. L. 117–167, div. B, title VII, §10817(b), Aug. 9, 2022, 136 Stat. 1740, provided that:
"SEC. 431. FINDINGS ON HUMAN SPACE EXPLORATION.
"Congress makes the following findings:
"(1) In accordance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2813), the National Academies of Sciences, Engineering, and Medicine, through its Committee on Human Spaceflight, conducted a review of the goals, core capabilities, and direction of human space flight, and published the findings and recommendations in a 2014 report entitled, 'Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration'.
"(2) The Committee on Human Spaceflight included leaders from the aerospace, scientific, security, and policy communities.
"(3) With input from the public, the Committee on Human Spaceflight concluded that many practical and aspirational rationales for human space flight together constitute a compelling case for continued national investment and pursuit of human space exploration toward the horizon goal of Mars.
"(4) According to the Committee on Human Spaceflight, the rationales include economic benefits, national security, national prestige, inspiring students and other citizens, scientific discovery, human survival, and a sense of shared destiny.
"(5) The Committee on Human Spaceflight affirmed that Mars is the appropriate long-term goal for the human space flight program.
"(6) The Committee on Human Spaceflight recommended that NASA define a series of sustainable steps and conduct mission planning and technology development as needed to achieve the long-term goal of placing humans on the surface of Mars.
"(7) Expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars requires early planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objectives.
"(8) In addition to the 2014 report described in paragraph (1), there are several independently developed reports or concepts that describe potential Mars architectures or concepts and identify Mars as the long-term goal for human space exploration, including NASA's 'The Global Exploration Roadmap' of 2013, 'NASA's Journey to Mars–Pioneering Next Steps in Space Exploration' of 2015, NASA Jet Propulsion Laboratory's 'Minimal Architecture for Human Journeys to Mars' of 2015, and Explore Mars' 'The Humans to Mars Report 2016'.
"SEC. 432. HUMAN EXPLORATION ROADMAP.
"(a)
"(1) expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars in the 2030s requires early strategic planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objectives;
"(2) for strong and sustained United States leadership, a need exists to advance a human exploration roadmap, addressing exploration objectives in collaboration with international, academic, and industry partners;
"(3) an approach that incrementally advances toward a long-term goal is one in which nearer-term developments and implementation would influence future development and implementation; and
"(4) a human exploration roadmap should begin with low-Earth orbit, then address in greater detail progress beyond low-Earth orbit to cis-lunar space, and then address future missions aimed at human arrival and activities near and then on the surface of Mars.
"(b)
"(1)
"(2)
"(A) an integrated set of exploration, science, and other goals and objectives of a United States human space exploration program to achieve the long-term goal of human missions near or on the surface of Mars in the 2030s;
"(B) opportunities for international, academic, and industry partnerships for exploration-related systems, services, research, and technology if those opportunities provide cost-savings, accelerate program schedules, or otherwise benefit the goals and objectives developed under subparagraph (A);
"(C) sets and sequences of precursor missions in cis-lunar space and other missions or activities necessary—
"(i) to demonstrate the proficiency of the capabilities and technologies identified under subparagraph (D); and
"(ii) to meet the goals and objectives developed under subparagraph (A), including anticipated timelines and missions for the Space Launch System and Orion;
"(D) an identification of the specific capabilities and technologies, including the Space Launch System, Orion, a deep space habitat, and other capabilities, that facilitate the goals and objectives developed under subparagraph (A);
"(E) a description of how cis-lunar elements, objectives, and activities advance the human exploration of Mars;
"(F) an assessment of potential human health and other risks, including radiation exposure;
"(G) mitigation plans, whenever possible, to address the risks identified in subparagraph (F);
"(H) a description of those technologies already under development across the Federal Government or by other entities that facilitate the goals and objectives developed under subparagraph (A);
"(I) a specific process for the evolution of the capabilities of the fully integrated Orion with the Space Launch System and a description of how these systems facilitate the goals and objectives developed under subparagraph (A) and demonstrate the capabilities and technologies described in subparagraph (D);
"(J) a description of the capabilities and technologies that need to be demonstrated or research data that could be gained through the utilization of the ISS and the status of the development of such capabilities and technologies;
"(K) a framework for international cooperation in the development of all capabilities and technologies identified under this section, including an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development;
"(L) a process for partnering with nongovernmental entities using Space Act Agreements or other acquisition instruments for future human space exploration; and
"(M) include [sic] information on the phasing of planned intermediate destinations, Mars mission risk areas and potential risk mitigation approaches, technology requirements and phasing of required technology development activities, the management strategy to be followed, related ISS activities, planned international collaborative activities, potential commercial contributions, and other activities relevant to the achievement of the goal established in this section.
"(3)
"(A) using key exploration capabilities, namely the Space Launch System and Orion;
"(B) using existing commercially available technologies and capabilities or those technologies and capabilities being developed by industry for commercial purposes;
"(C) establishing an organizational approach to ensure collaboration and coordination among NASA's Mission Directorates under section 821 [set out as a note under section 20111 of this title], when appropriate, including to collect and return to Earth a sample from the Martian surface;
"(D) building upon the initial uncrewed mission, Artemis I, and first crewed mission, Artemis II, of the Space Launch System and Orion to establish a sustainable cadence of missions extending human exploration missions into cis-lunar space, including anticipated timelines and milestones;
"(E) developing the robotic and precursor missions and activities that will demonstrate, test, and develop key technologies and capabilities essential for achieving human missions to Mars, including long-duration human operations beyond low-Earth orbit, space suits, solar electric propulsion, deep space habitats, environmental control life support systems, Mars lander and ascent vehicle, entry, descent, landing, ascent, Mars surface systems, and in-situ resource utilization;
"(F) demonstrating and testing 1 or more habitat modules in cis-lunar space to prepare for Mars missions;
"(G) using public-private, firm fixed-price partnerships, where practicable;
"(H) collaborating with international, academic, and industry partners, when appropriate;
"(I) any risks to human health and sensitive onboard technologies, including radiation exposure;
"(J) any risks identified through research outcomes under the NASA Human Research Program's Behavioral Health Element; and
"(K) the recommendations and ideas of several independently developed reports or concepts that describe potential Mars architectures or concepts and identify Mars as the long-term goal for human space exploration, including the reports described under section 431.
"(4)
"(A) identifying and defining key decisions guiding human space exploration priorities and plans that need to be made before June 30, 2020, including decisions that may guide human space exploration capability development, precursor missions, long-term missions, and activities;
"(B) defining decisions needed to maximize efficiencies and resources for reaching the near, intermediate, and long-term goals and objectives of human space exploration; and
"(C) identifying and defining timelines and milestones for a sustainable cadence of missions beginning with Artemis III for the Space Launch System and Orion to extend human exploration from cis-lunar space to the surface of Mars.
"(5)
"(A)
"(i) an initial human exploration roadmap, including a critical decision plan, before December 1, 2017; and
"(ii) an updated human exploration roadmap periodically as the Administrator considers necessary but not less than biennially.
"(B)
"(i) the achievements and goals accomplished in the process of developing such capabilities and technologies during the 2-year period prior to the submission of the human exploration roadmap; and
"(ii) the expected goals and achievements in the following 2-year period.
"(C)
[Pub. L. 117–167, div. B, title VII, §10817(b), Aug. 9, 2022, 136 Stat. 1740, which directed amendment of section 432(b) of the National Aeronautics and Space Administration Authorization Act of 2017, was executed by amending section 432(b) of Pub. L. 115–10, set out above, which is section 432(b) of the National Aeronautics and Space Administration Transition Authorization Act of 2017, to reflect the probable intent of Congress.]
[For definitions of terms used in sections 431 and 432 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
§20303. Contribution to innovation
(a)
(b)
(c)
(d)
(1)
(2)
(A) A description of each program.
(B) The amount spent on each program.
(C) The number of students or teachers served by each program.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20303(a) | 42 U.S.C. 16611a(a). | Pub. L. 110–69, title II, §2001(a), (b), (c), (e), Aug. 9, 2007, 121 Stat. 582. |
| 20303(b) | 42 U.S.C. 16611a(b). | |
| 20303(c) | 42 U.S.C. 16611a(c). | |
| 20303(d) | 42 U.S.C. 16611a(e). |
Editorial Notes
References in Text
Section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)), referred to in subsec. (c), is section 101(d) of Pub. L. 109–155, title I, Dec. 30, 2005, 119 Stat. 2897, which was omitted from the Code following the enactment of this title by Pub. L. 111–314.
Statutory Notes and Related Subsidiaries
International Space Station's Contribution to National Competitiveness Enhancement
Pub. L. 111–358, title II, §204, Jan. 4, 2011, 124 Stat. 3994, provided that:
"(a)
"(b)
"(c)
"(1) a description of current and potential activities associated with utilization of the International Space Station which are supportive of the goals of educational excellence and innovation and competitive enhancement established or reaffirmed by this Act [see Short Title of 2011 Amendment note set out under section 1861 of Title 42, The Public Health and Welfare], including a summary of the goals supported, the number of individuals or organizations participating in or benefiting from such activities, and a summary of how such activities might be expanded or improved upon;
"(2) a description of government and private partnerships which are, or may be, established to effectively utilize the capabilities represented by the International Space Station to enhance United States competitiveness, innovation and science, technology, engineering, and mathematics education; and
"(3) a summary of proposed actions or activities to be undertaken to ensure the maximum utilization of the International Space Station to contribute to fulfillment of the goals and objectives of this Act, and the identification of any additional authority, assets, or funding that would be required to support such activities."
1 See References in Text note below.
§20304. Basic research enhancement
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20304 | 42 U.S.C. 16658. | Pub. L. 110–69, title II, §2003, Aug. 9, 2007, 121 Stat. 583. |
§20305. National Academies decadal surveys
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 20305 | 42 U.S.C. 17823. | Pub. L. 110–422, title XI, §1104, Oct. 15, 2008, 122 Stat. 4809. |
Statutory Notes and Related Subsidiaries
Implementation of Decadal Survey's Recommended Decision Rules
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 622, provided in part: "That NASA shall implement the recommendations of the most recent National Research Council planetary decadal survey and shall follow the decadal survey's recommended decision rules regarding program implementation, including a strict adherence to the recommendation that NASA include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners, if such mission can be appropriately de-scoped and all NASA costs for such mission can be accommodated within the overall funding levels appropriated by Congress".
Subtitle III—Administrative Provisions
CHAPTER 301—APPROPRIATIONS, BUDGETS, AND ACCOUNTING
§30101. Prior authorization of appropriations required
Notwithstanding the provisions of any other law, no appropriation may be made to the Administration unless previously authorized by legislation enacted by Congress.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30101 | 42 U.S.C. 2460. | Pub. L. 86–45, §4, June 15, 1959, 73 Stat. 75. |
The word "hereafter" is omitted as unnecessary.
§30102. Working capital fund
(a)
(b)
(1)
(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)
(3)
(4)
(c)
(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;
(3) payments received for loss or damage to property of the fund; and
(4) refunds or rebates received on an on-going basis from a credit card services provider under the National Aeronautics and Space Administration's credit card programs.
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357; Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 264; Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4549.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30102 | 42 U.S.C. 2459i. | Pub. L. 108–7, div. K, title III, (last par. under heading "Administrative Provisions", at 117 Stat. 520), Feb. 20, 2003, 117 Stat. 520. |
Editorial Notes
References in Text
Section 1077(b)(3)(A)–(E) of Public Law 115–91, referred to in subsec. (b)(3), is section 1077(b)(3)(A)–(E) of Pub. L. 115–91, div. A, title X, subtitle G, Dec. 12, 2017, 131 Stat. 1587, which is set out in a note under section 11301 of Title 40, Public Buildings, Property, and Works.
Amendments
2022—Subsec. (b)(3), (4). Pub. L. 117–328 added par. (3) and redesignated former par. (3) as (4).
2013—Subsec. (c)(4). Pub. L. 113–6 added par. (4).
§30103. Budgets
(a)
(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)
(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)
(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)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3358.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30103(a) | 42 U.S.C. 16611(h)(1). | Pub. L. 109–155, title I, §101(h)(1), (i), Dec. 30, 2005, 119 Stat. 2903. |
| 30103(b) | 42 U.S.C. 16611(i). | |
| 30103(c) | 42 U.S.C. 16611b. | Pub. L. 110–161, div. B, title III, (7th par. under heading "Administrative Provisions", at 121 Stat. 1919), Dec. 26, 2007, 121 Stat. 1919. |
| 30103(d) | 42 U.S.C. 16611b note. | Pub. L. 111–8, div. B, title III, (3d proviso in par. under heading "Cross Agency Support", at 123 Stat. 589), Mar. 11, 2009, 123 Stat. 589. |
In subsection (a)(5), the source law's reference to "section 104" of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2910) is translated as "section 20144" of title 51. Section 104 of the National Aeronautics and Space Administration Authorization Act of 2005 amended the National Aeronautics and Space Act of 1958 (Public Law 85–568, 72 Stat. 426) by inserting a new section 314, which is restated as section 20144 of title 51.
In subsection (b), in the matter before paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (c), in the matter before paragraph (1), the words "For fiscal year 2009 and hereafter" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Estimates of Receipts and Collections and Proposed Use of Funds From Leases of Non-Excess Property
Pub. L. 118–42, div. C, title III, Mar. 9, 2024, 138 Stat. 160, provided in part: "That 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 title 51, United States Code."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 117–328, div. B, title III, Dec. 29, 2022, 136 Stat. 4548.
Pub. L. 117–103, div. B, title III, Mar. 15, 2022, 136 Stat. 137.
Pub. L. 116–260, div. B, title III, Dec. 27, 2020, 134 Stat. 1270.
Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418.
Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123.
Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431.
Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. 214.
Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. 2318.
Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203.
Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72.
Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 263.
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625.
Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144.
Transmission of Budget Estimates
Pub. L. 102–588, title II, §210, Nov. 4, 1992, 106 Stat. 5115, provided that: "The Administrator [of the National Aeronautics and Space Administration] shall, at the time of submission of the President's annual budget, transmit to the Congress—
"(1) a five-year budget detailing the estimated development costs for each individual program under the jurisdiction of the National Aeronautics and Space Administration for which development costs are expected to exceed $200,000,000; and
"(2) an estimate of the life-cycle costs associated with each such program."
Similar provisions were contained in the following prior appropriation authorization act:
Pub. L. 102–195, §11, Dec. 9, 1991, 105 Stat. 1612.
§30104. Baselines and cost controls
(a)
(1)
(2)
(3)
(4)
(b)
(1)
(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)
(3)
(c)
(1)
(2)
(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)
(d)
(1)
(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)
(3)
(e)
(1)
(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)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3360; Pub. L. 115–10, title VIII, §828, Mar. 21, 2017, 131 Stat. 66.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30104 | 42 U.S.C. 16613. | Pub. L. 109–155, title I, §103, Dec. 30, 2005, 119 Stat. 2907. |
In subsections (b)(2), (c)(1), (d)(3), and (e)(1)(A), (2), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Editorial Notes
Amendments
2017—Subsec. (a)(1). Pub. L. 115–10 substituted "Procedural Requirements 7120.5E, dated August 14, 2012" for "Procedural Requirements 7120.5c, dated March 22, 2005".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
CHAPTER 303—CONTRACTING AND PROCUREMENT
Statutory Notes and Related Subsidiaries
One Small Step to Protect Human Heritage in Space
Pub. L. 116–275, Dec. 31, 2020, 134 Stat. 3358, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'One Small Step to Protect Human Heritage in Space Act'.
"SEC. 2. FINDINGS; SENSE OF CONGRESS.
"(a) Findings.—Congress makes the following findings:
"(1) On July 16, 1969, the Apollo 11 spacecraft launched from the John F. Kennedy Space Center carrying Neil A. Armstrong, Edwin E. 'Buzz' Aldrin, Jr., and Michael Collins.
"(2) July 20, 2019, marked the 50th anniversary of the date on which the Apollo 11 spacecraft landed on the Moon and Neil Armstrong and Buzz Aldrin became the first humans to set foot on a celestial body off the Earth.
"(3) The landing of the Apollo 11 spacecraft and humanity's first off-world footprints are achievements unparalleled in history, a direct product of the work and perseverance of the more than 400,000 individuals who contributed to the development of the Apollo missions on the shoulders of centuries of science and engineering pioneers from all corners of the world.
"(4) Among the thousands of individuals who have contributed to the achievements of the National Aeronautics and Space Administration (in this section referred to as 'NASA') are African-American women such as Katherine Johnson, Dorothy Vaughn, Mary Jackson, and Dr. Christine Darden, who made critical contributions to NASA space programs. Katherine Johnson worked at NASA for 35 years and calculated the trajectory of the Apollo 11 landing and the trajectories for the spaceflights of astronauts Alan Shepard and John Glenn. Katherine Johnson, together with many other individuals the work of whom often went unacknowledged, helped broaden the scope of space travel and charted new frontiers for humanity's exploration of space.
"(5) The landing of the Apollo 11 spacecraft was made on behalf of all humankind, and Neil Armstrong and Buzz Aldrin were accompanied by messages of peace from the leaders of more than 70 countries.
"(6) The lunar landing sites of the Apollo 11 spacecraft, the robotic spacecraft that preceded the Apollo 11 mission, and the crewed and robotic spacecraft that followed, are of outstanding universal value to humanity.
"(7) Such landing sites—
"(A) are the first archaeological sites with human activity that are not on Earth;
"(B) provide evidence of the first achievements of humankind in the realm of space travel and exploration; and
"(C) contain artifacts and other evidence of human exploration activities that remain a potential source of cultural, historical, archaeological, anthropological, scientific, and engineering knowledge.
"(8) On July 20, 2011, NASA published the voluntary guidance entitled 'NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts'.
"(9) In March 2018, the Office of Science and Technology Policy published a report entitled 'Protecting & Preserving Apollo Program Lunar Landing Sites & Artifacts'.
"(10) Article one of the 'Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,' commonly known as the 'Outer Space Treaty,' states '[o]uter space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.'
"(11) Article eight of the Outer Space Treaty states, '[a] State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth.'
"(12) Article nine of the Outer Space Treaty states, '[i]n the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty,' and continues, '[i]f a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.
"(b)
"(1) as commercial enterprises and more countries acquire the ability to land on the Moon, it is necessary to encourage the development of best practices to respect the principle of due regard and to limit harmful interference to the Apollo landing site artifacts in acknowledgment of the human effort and innovation they represent, as well as their archaeological, anthropological, historical, scientific, and engineering significance and value; and
"(2) the Administrator of the National Aeronautics and Space Administration should continue to develop best practices to respect the principle of due regard and limit harmful interference with historic Apollo lunar landing site artifacts.
"SEC. 3. BEST PRACTICES RELATED TO APOLLO HISTORIC LUNAR LANDING SITE ARTIFACTS.
"(a)
"(1) add the recommendations in subsection (b) as a condition or requirement to contracts, grants, agreements, partnerships or other arrangements pertaining to lunar activities carried out by, for, or in partnership with the National Aeronautics and Space Administration;
"(2) inform other relevant Federal agencies of the recommendations described in subsection (b); and
"(3) encourage the use of best practices, consistent with the recommendations in subsection (b), by other relevant Federal agencies.
"(b)
"(1) 'NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts' issued by the National Aeronautics and Space Administration on July 20, 2011, and updated on October 28, 2011; and
"(2) any successor recommendations, guidelines, best practices, or standards relating to the principle of due regard and the limitation of harmful interference with Apollo landing site artifacts issued by the National Aeronautics and Space Administration.
"(c)
"(1) such waiver is accompanied by a finding from the Administrator that carrying out the obligation of subsection (a)(1) would be unduly prohibitive to an activity or activities of legitimate and significant historical, archaeological, anthropological, scientific, or engineering value; and
"(2) the finding in paragraph (1) is provided to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 30 days prior to the waiver taking effect."
Detection and Avoidance of Counterfeit Parts
Pub. L. 115–10, title VIII, §823, Mar. 21, 2017, 131 Stat. 62, as amended by Pub. L. 117–81, div. A, title XVII, §1702(l)(11), Dec. 27, 2021, 135 Stat. 2161, provided that:
"(a)
"(1) A 2012 investigation by the Committee on Armed Services of the Senate of counterfeit electronic parts in the Department of Defense supply chain from 2009 through 2010 uncovered 1,800 cases and over 1,000,000 counterfeit parts and exposed the threat such counterfeit parts pose to service members and national security.
"(2) Since 2010, the Comptroller General of the United States has identified in 3 separate reports the risks and challenges associated with counterfeit parts and counterfeit prevention at both the Department of Defense and NASA, including inconsistent definitions of counterfeit parts, poorly targeted quality control practices, and potential barriers to improvements to these practices.
"(b)
"(c)
"(1)
"(2)
"(A) require each covered contractor—
"(i) to detect and avoid the use or inclusion of any counterfeit parts in electronic parts or products that contain electronic parts;
"(ii) to take such corrective actions as the Administrator considers necessary to remedy the use or inclusion described in clause (i); and
"(iii) including a subcontractor, to notify the applicable NASA contracting officer not later than 30 calendar days after the date the covered contractor becomes aware, or has reason to suspect, that any end item, component, part or material contained in supplies purchased by NASA, or purchased by a covered contractor or subcontractor for delivery to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit electronic part; and
"(B) prohibit the cost of counterfeit electronic parts, suspect counterfeit electronic parts, and any corrective action described under subparagraph (A)(ii) from being included as allowable costs under agency contracts, unless—
"(i)(I) the covered contractor has an operational system to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts that has been reviewed and approved by NASA or the Department of Defense; and
"(II) the covered contractor has provided the notice under subparagraph (A)(iii); or
"(ii) the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the covered contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation.
"(3)
"(A) require NASA and covered contractors, including subcontractors, at all tiers—
"(i) to obtain electronic parts that are in production or currently available in stock from—
"(I) the original manufacturers of the parts or their authorized dealers; or
"(II) suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers; and
"(ii) to obtain electronic parts that are not in production or currently available in stock from suppliers that meet qualification requirements established under subparagraph (C);
"(B) establish documented requirements consistent with published industry standards or Government contract requirements for—
"(i) notification of the agency; and
"(ii) inspection, testing, and authentication of electronic parts that NASA or a covered contractor, including a subcontractor, obtains from any source other than a source described in subparagraph (A);
"(C) establish qualification requirements, consistent with the requirements of section 3243 of title 10, United States Code, pursuant to which NASA may identify suppliers that have appropriate policies and procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts; and
"(D) authorize a covered contractor, including a subcontractor, to identify and use additional suppliers beyond those identified under subparagraph (C) if—
"(i) the standards and processes for identifying such suppliers comply with established industry standards;
"(ii) the covered contractor assumes responsibility for the authenticity of parts provided by such suppliers under paragraph (2); and
"(iii) the selection of such suppliers is subject to review and audit by NASA.
"(d)
"(1)
"(2)
[For definitions of terms used in section 823 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
Avoiding Organizational Conflicts of Interest in Major Administration Acquisition Programs
Pub. L. 115–10, title VIII, §830, Mar. 21, 2017, 131 Stat. 66, provided that:
"(a)
"(b)
"(1) address organizational conflicts of interest that could potentially arise as a result of—
"(A) lead system integrator contracts on major acquisition programs and contracts that follow lead system integrator contracts on such programs, particularly contracts for production;
"(B) the ownership of business units performing systems engineering and technical assistance functions, professional services, or management support services in relation to major acquisition programs by contractors who simultaneously own business units competing to perform as either the prime contractor or the supplier of a major subsystem or component for such programs;
"(C) the award of major subsystem contracts by a prime contractor for a major acquisition program to business units or other affiliates of the same parent corporate entity, and particularly the award of subcontracts for software integration or the development of a proprietary software system architecture; or
"(D) the performance by, or assistance of, contractors in technical evaluations on major acquisition programs;
"(2) require the Administration to request advice on systems architecture and systems engineering matters with respect to major acquisition programs from objective sources independent of the prime contractor;
"(3) require that a contract for the performance of systems engineering and technical assistance functions for a major acquisition program contains a provision prohibiting the contractor or any affiliate of the contractor from participating as a prime contractor or a major subcontractor in the development of a system under the program; and
"(4) establish such limited exceptions to the requirement[s] in paragraphs (2) and (3) as the Administrator considers necessary to ensure that the Administration has continued access to advice on systems architecture and systems engineering matters from highly qualified contractors with domain experience and expertise, while ensuring that such advice comes from sources that are objective and unbiased."
§30301. Guaranteed customer base
No amount appropriated to the Administration may be used to fund grants, contracts, or other agreements with an expected duration of more than one year, when a primary effect of the grant, contract, or agreement is to provide a guaranteed customer base for or establish an anchor tenancy in new commercial space hardware or services unless an appropriations Act specifies the new commercial space hardware or services to be developed or used, or the grant, contract, or agreement is otherwise identified in such Act.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30301 | 42 U.S.C. 2459d. | Pub. L. 102–139, title III, (1st par. under heading "Administrative Provisions", at 105 Stat. 771), Oct. 28, 1991, 105 Stat. 771. |
The words "in this or any other Act with respect to any fiscal year" are omitted as unnecessary.
§30302. Quality assurance personnel
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30302 | 42 U.S.C. 2459e. | Pub. L. 102–195, §19, Dec. 9, 1991, 105 Stat. 1615. |
In subsection (a), the date "December 9, 1991" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605).
In subsection (a), the words "that has been submitted to Congress as provided" are substituted for "described" for clarity.
§30303. Tracking and data relay satellite services
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30303(a) | 42 U.S.C. 2463 (1st par.). | Pub. L. 95–76, §6, July 30, 1977, 91 Stat. 315; Pub. L. 103–437, §15(c)(3), Nov. 2, 1994, 108 Stat. 4592. |
| 30303(b) | 42 U.S.C. 2463 (last par.). |
In subsection (b), the words "Committee on Science and Technology" are substituted for "Committee on Science, Space, and Technology" on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (b), the word "hereafter" is omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§30304. Award of contracts to small businesses and disadvantaged individuals
The Administrator shall annually establish a goal of at least 8 percent of the total value of prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, which funds will be made available to small business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of paragraphs (5) and (6) of section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including Historically Black Colleges and Universities that are part B institutions (as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as defined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority educational institutions (as defined by the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.)).
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3364.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30304 | 42 U.S.C. 2473b (1st par.). | Pub. L. 101–144, title III, (1st par. under heading "Small and Disadvantaged Business", at 103 Stat. 863), Nov. 9, 1989, 103 Stat. 863; Pub. L. 109–155, title VI, §611, Dec. 30, 2005, 119 Stat. 2932. |
The word "Alaska" is substituted for "Alaskan" in the phrase "Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2)))" for consistency with the term defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)).
Editorial Notes
References in Text
The General Education Provisions Act, referred to in text, is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, which is classified generally to chapter 31 (§1221 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1221 of Title 20 and Tables.
§30305. Outreach program
(a)
(b)
(1)
(2)
(3)
(c)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3364.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30305 | 42 U.S.C. 17824. | Pub. L. 110–422, title XI, §1107, Oct. 15, 2008, 122 Stat. 4810. |
In subsection (c), in the matter before paragraph (1), the date "October 15, 2008" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§30306. Small business contracting
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3365.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30306 | 42 U.S.C. 16821. | Pub. L. 109–155, title VII, §707, Dec. 30, 2005, 119 Stat. 2937. |
§30307. Requirement for independent cost analysis
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3365.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30307 | 42 U.S.C. 2459g. | Pub. L. 106–391, title III, §301, Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title VII, §704, Dec. 30, 2005, 119 Stat. 2936. |
In subsection (b), in the first sentence, the words "the Administrator shall conduct" are substituted for "the Administrator for the National Aeronautics and Space Administration shall conduct" to eliminate unnecessary words.
In subsection (b), in the last sentence, the word "experts" is substituted for "expertise" for clarity.
Statutory Notes and Related Subsidiaries
Cost Estimation
Pub. L. 115–10, title VIII, §836, Mar. 21, 2017, 131 Stat. 69, provided that:
"(a)
"(1) realistic cost estimating is critically important to the ultimate success of major space development projects; and
"(2) the [National Aeronautics and Space] Administration has devoted significant efforts over the past 5 years to improving its cost estimating capabilities, but it is important that the Administration continue its efforts to develop and implement guidance in establishing realistic cost estimates.
"(b)
"(1) guidance on when to use an Independent Cost Estimate and Independent Cost Assessment; and
"(2) criteria to use to make a determination under paragraph (1)."
§30308. Cost effectiveness calculations
(a)
(1)
(2)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30308(a) | (no source) | |
| 30308(b) | 42 U.S.C. 2459h. | Pub. L. 106–391, title III, §304, Oct. 30, 2000, 114 Stat. 1592. |
In subsection (a), definitions of "commercial provider" and "State" are added to carry forward the appropriate definitions from section 3 of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1579, 1580).
§30309. Use of abandoned and underutilized buildings, grounds, and facilities
(a)
(b)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30309 | 42 U.S.C. 2473d. | Pub. L. 106–391, title III, §325, Oct. 30, 2000, 114 Stat. 1600. |
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in the following prior appropriation authorization act:
Pub. L. 102–588, title II, §220, Nov. 4, 1992, 106 Stat. 5118.
§30310. Exception to alternative fuel procurement requirement
Section 526(a) 1 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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3366.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30310 | 42 U.S.C. 17827. | Pub. L. 110–422, title XI, §1112, Oct. 15, 2008, 122 Stat. 4811. |
Editorial Notes
References in Text
Section 526(a) of the Energy Independence and Security Act of 2007, referred to in text, probably means section 526 of Pub. L. 110–140, which is classified to section 17142 of Title 42, The Public Health and Welfare, but does not contain subsecs.
1 See References in Text note below.
CHAPTER 305—MANAGEMENT AND REVIEW
Statutory Notes and Related Subsidiaries
Assessment of Impediments to Space Science and Engineering Workforce Development for Minority and Underrepresented Groups at NASA
Pub. L. 111–358, title II, §203, Jan. 4, 2011, 124 Stat. 3994, provided that:
"(a)
"(1) measures to address such impediments;
"(2) opportunities for augmenting the impact of space science and engineering workforce development activities and for expanding proven, effective programs; and
"(3) best practices and lessons learned, as identified through the assessment, to help maximize the effectiveness of existing and future programs to increase the participation of minority and underrepresented groups in the space science and engineering workforce at NASA.
"(b)
"(c)
Executive Documents
Ex. Ord. No. 11374. Abolition of Missile Sites Labor Commission
Ex. Ord. No. 11374, Oct. 11, 1967, 32 F.R. 14199, provided:
By virtue of the authority vested in me as President of the United States, it is ordered as follows:
Lyndon B. Johnson.
Task Force on Space Industry Workforce and Economic Development
Memorandum of President of the United States, May 3, 2010, 75 F.R. 24781, provided:
Memorandum for the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Labor[,] the Secretary of Housing and Urban Development[,] the Secretary of Transportation[,] the Secretary of Education[,] the Director of the Office of Management and Budget[,] the Administrator of the Small Business Administration[,] the Administrator of the National Aeronautics and Space Administration[,] the Chair of the Council of Economic Advisers[,] the Director of National Intelligence[,] the Director of the Office of Science and Technology Policy[, and] the Director of the National Economic Council
My Administration is committed to implementing a bold, new approach to human spaceflight. Supported by a $6 billion increase to the National Aeronautics and Space Administration's (NASA) budget over the next 5 years, this strategy will foster the development of path-breaking technologies, increase the reach and reduce the cost of human and robotic exploration of space, and help create thousands of new jobs.
NASA's budget also includes $429 million next year, and $1.9 billion over the next 5 years, to modernize the Kennedy Space Center and other nearby space launch facilities in Florida. This modernization effort will help spur new commercial business and innovation and provide additional good jobs to the region. While all of the new aspects of my Administration's plan together will create thousands of new jobs in Florida, past decisions to end the Space Shuttle program will still affect families and communities along Florida's "Space Coast."
Building on this significant new investment at the Kennedy Space Center and my increased budget for NASA overall, I am committed to taking additional steps to help local economies like Florida's Space Coast adapt and thrive in the years ahead. The men and women who work in Florida's aerospace industry are some of the most talented and highly trained in the Nation. It is critical that their skills are tapped as we transform and expand the country's space exploration efforts. That is why I am launching a $40 million, multi-agency initiative to help the Space Coast transform their economies and prepare their workers for the opportunities of tomorrow. This effort will build on and complement ongoing local and Federal economic and workforce-development efforts through a Task Force composed of senior-level Administration officials from relevant agencies that will construct an economic development action plan by August 15, 2010.
To these ends, I hereby direct the following:
(a) Membership of the Task Force. In addition to the Co-Chairs, the Task Force shall consist of the following members:
(i) the Secretary of Defense;
(ii) the Secretary of Labor;
(iii) the Secretary of Housing and Urban Development;
(iv) the Secretary of Transportation;
(v) the Secretary of Education;
(vi) the Chair of the Council of Economic Advisers;
(vii) the Director of the Office of Management and Budget;
(viii) the Administrator of the Small Business Administration;
(ix) the Director of National Intelligence;
(x) the Director of the Office of Science and Technology Policy;
(xi) the Director of the National Economic Council; and
(xii) the heads of such other executive departments, agencies, and offices as the President may, from time to time, designate.
A member of the Task Force may designate, to perform the Task Force functions of the member, a senior-level official who is a part of the member's department, agency, or office, and who is a full-time officer or employee of the Federal Government.
(b) Administration. The Co-Chairs shall convene regular meetings of the Task Force, determine its agenda, and direct its work. At the direction of the Co-Chairs, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees, as appropriate.
The Task Force will perform the following functions, to the extent permitted by law:
(a) provide leadership and coordination of Federal Government resources to facilitate workforce and economic development opportunities for aerospace communities and workers affected by new developments in America's space exploration program. Such support may include the use of personnel, technical expertise, and available financial resources, and may be used to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and communities adversely affected by space industry changes;
(b) provide recommendations to the President on ways Federal policies and programs can address issues of special importance to aerospace communities and workers; and
(c) help ensure that officials from throughout the executive branch, including officials on existing committees or task forces addressing technological development, research, or aerospace issues, advance the President's agenda for the transformation of America's space exploration program and support the coordination of Federal economic adjustment assistance activities.
(a) recommends how best to invest $40 million in transition assistance funding to ensure robust workforce and economic development in those communities within Florida affected by transitions in America's space exploration program;
(b) describes how the plan will build on and complement ongoing economic and workforce development efforts;
(c) explores future workforce and economic development activities that could be undertaken for affected aerospace communities in other States, as appropriate;
(d) identifies areas of collaboration with other public or nongovernmental actors to achieve the objectives of the Task Force; and
(e) details a coordinated implementation strategy by executive departments and agencies to meet the objectives of the Task Force.
(b) nothing in this memorandum shall be construed to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) The Administrator of the National Aeronautics and Space Administration shall publish this memorandum in the Federal Register.
Barack Obama.
§30501. Lessons learned and best practices
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3367.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30501 | 42 U.S.C. 16615. | Pub. L. 109–155, title I, §107, Dec. 30, 2005, 119 Stat. 2912. |
In subsection (a), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (a), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§30502. Whistleblower protection
(a)
(b)
(c)
(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)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3367.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30502 | 42 U.S.C. 16618. | Pub. L. 109–155, title I, §110, Dec. 30, 2005, 119 Stat. 2914. |
In subsection (a), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
In subsections (a) and (d), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (d), the words "Not later than February 15 of each year beginning February 15, 2007" are substituted for "Not later than February 15 of each year beginning with the year after the date of enactment of this Act" for clarity.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§30503. Performance assessments
(a)
(b)
(c)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3368.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30503 | 42 U.S.C. 16651. | Pub. L. 109–155, title III, §301, Dec. 30, 2005, 119 Stat. 2916. |
In subsections (b) and (c), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
In subsection (c), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§30504. Assessment of science mission extensions
(a)
(1)
(2)
(b)
(1) consult with any affected Federal agency; and
(2) take into account the potential benefits of instruments on missions that are beyond their planned mission lifetime.
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3369; Pub. L. 115–10, title V, §513, Mar. 21, 2017, 131 Stat. 52.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30504(a) | 42 U.S.C. 16654(a) (matter before par. (1)). | Pub. L. 109–155, title III, §304(a) (matter before par. (1)), (2), Dec. 30, 2005, 119 Stat. 2918. |
| 30504(b) | 42 U.S.C. 16654(a)(2). |
In subsection (a), the words "In addition—" are omitted as unnecessary.
Editorial Notes
Amendments
2017—Pub. L. 115–10 amended section generally. Prior to amendment, text read as follows:
"(a)
"(b)
CHAPTER 307—INTERNATIONAL COOPERATION AND COMPETITION
§30701. Competitiveness and international cooperation
(a)
(1)
(2)
(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)
(b)
(1)
(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)
(3)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3369.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30701(a) | 42 U.S.C. 2475a(a). | Pub. L. 106–391, title I, §126, Oct. 30, 2000, 114 Stat. 1585. |
| 30701(b)(1) | (no source) | |
| 30701(b)(2) | 42 U.S.C. 2475a(b). | |
| 30701(b)(3) | (no source) |
In subsection (b)(1), the definition of "United States commercial provider" is added to carry forward the appropriate definition from section 3 of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1580).
In subsection (b)(3), the description of national interests of the United States is added to carry forward the appropriate description of national interests of the United States from section 2(6) of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1578).
Editorial Notes
References in Text
The National Aeronautics and Space Administration Authorization Act of 2000, referred to in subsec. (b)(1)(B)(ii)(I), is Pub. L. 106–391, Oct. 30, 2000, 114 Stat. 1577. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Limitation on International Agreements Concerning Outer Space Activities
Pub. L. 112–239, div. A, title IX, §913(a), (b), Jan. 2, 2013, 126 Stat. 1874, provided that:
"(a)
"(1) the President shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a certification that such agreement has no legally-binding effect or basis for limiting the activities of the United States in outer space; and
"(2) the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence shall jointly submit to the congressional defense committees a certification that such agreement will be equitable, enhance national security, and have no militarily significant impact on the ability of the United States to conduct military or intelligence activities in space.
"(b)
"(1)
"(2)
"(A)
"(B)
"(3)
"(4)
"(A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
"(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate."
§30702. Foreign contract limitation
The Administration shall not enter into any agreement or contract with a foreign government that grants the foreign government the right to recover profit in the event that the agreement or contract is terminated.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30702 | 42 U.S.C. 2475b. | Pub. L. 106–391, title III, §305, Oct. 30, 2000, 114 Stat. 1592. |
§30703. Foreign launch vehicles
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30703 | 42 U.S.C. 16614. | Pub. L. 109–155, title I, §105, Dec. 30, 2005, 119 Stat. 2912. |
In subsection (c), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
§30704. Offshore performance of contracts for the procurement of goods and services
The Administrator shall submit to Congress, not later than 120 days after the end of each fiscal year, a report on the contracts and subcontracts performed overseas and the amount of purchases directly or indirectly by the Administration from foreign entities in that fiscal year. The report shall separately indicate—
(1) the contracts and subcontracts and their dollar values for which the Administrator determines that essential goods or services under the contract are available only from a source outside the United States; and
(2) the items and their dollar values for which the Buy American Act (41 U.S.C. 10a et seq.) 1 was waived pursuant to obligations of the United States under international agreements.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30704 | 42 U.S.C. 16823. | Pub. L. 109–155, title VII, §709, Dec. 30, 2005, 119 Stat. 2938. |
In the matter before paragraph (1), the words "beginning with the first fiscal year after the date of enactment of this Act [December 30, 2005]" are omitted as obsolete.
Editorial Notes
References in Text
The Buy American Act, referred to in par. (2), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
1 See References in Text note below.
CHAPTER 309—AWARDS
§30901. Congressional Space Medal of Honor
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30901(a) | 42 U.S.C. 2461 (1st par.). | Pub. L. 91–76, §1, Sept. 29, 1969, 83 Stat. 124. |
| 30901(b) | 42 U.S.C. 2461 (last par.). | Pub. L. 91–76, §2, Sept. 29, 1969, 83 Stat. 124. |
§30902. Charles "Pete" Conrad Astronomy Awards
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(2)
(3)
(A)
(B)
(4)
(5)
(A)
(B)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3372.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30902 | 42 U.S.C. 16792. | Pub. L. 109–155, title VI, §613, Dec. 30, 2005, 119 Stat. 2932. |
CHAPTER 311—SAFETY
§31101. Aerospace Safety Advisory Panel
(a)
(b)
(c)
(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)
(1)
(A)
(B)
(2)
(e)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3373.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31101(a) | 42 U.S.C. 2477(a) (1st, last sentences). | Pub. L. 90–67, §6, Aug. 21, 1967, 81 Stat. 170; Pub. L. 94–307, §8, June 4, 1976, 90 Stat. 681; Pub. L. 99–234, title I, §107(f), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 109–155, title I, §106, Dec. 30, 2005, 119 Stat. 2912. |
| 31101(b) | 42 U.S.C. 2477(a) (3d sentence). | |
| 31101(c) | 42 U.S.C. 2477(a) (2d sentence). | |
| 31101(d) | 42 U.S.C. 2477(a) (4th, 5th sentences). | |
| 31101(e) | 42 U.S.C. 2477(b). |
In subsection (d)(1)(B), the words "maximum rate payable under section 5376 of title 5" are substituted for "rate for GS–18" because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (Public Law 101–509, 5 U.S.C. 5376 note).
In subsection (e), the date "December 30, 2005" is substituted for "the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
§31102. Drug and alcohol testing
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(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)
(1)
(2)
(e)
(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)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3374.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31102(a) | 42 U.S.C. 2473c(h). | Pub. L. 102–195, §21(c)–(h), Dec. 9, 1991, 105 Stat. 1616. |
| 31102(b) | 42 U.S.C. 2473c(c). | |
| 31102(c) | 42 U.S.C. 2473c(d). | |
| 31102(d) | 42 U.S.C. 2473c(e). | |
| 31102(e) | 42 U.S.C. 2473c(f). | |
| 31102(f) | 42 U.S.C. 2473c(g). |
In subsection (b)(2), the words "within 18 months after the date of enactment of this Act" are omitted as obsolete.
In paragraphs (1) and (2) of subsection (c), and in subsection (f)(2), the date "December 9, 1991" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605).
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 102–195, §21(b), Dec. 9, 1991, 105 Stat. 1616, provided that: "The Congress finds that—
"(1) alcohol abuse and illegal drug use pose significant dangers to the safety and welfare of the Nation;
"(2) the success of the United States civil space program is contingent upon the safe and successful development and deployment of the many varied components of that program;
"(3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs, whether on duty or off duty, by those individuals who are involved in the positions affecting safety, security, and national security;
"(4) the use of alcohol and illegal drugs has been demonstrated to adversely affect the performance of individuals, and has been proven to have been a critical factor in accidents in the workplace;
"(5) the testing of uniformed personnel of the Armed Forces has shown that the most effective deterrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing;
"(6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of illegal drugs is performed in a manner which protects an individual's right of privacy, ensures that no individual is harassed by being treated differently from other individuals, and ensures that no individual's reputation or career development is unduly threatened or harmed; and
"(7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal drugs, and should be made available to individuals, as appropriate."
CHAPTER 313—HEALTHCARE
§31301. Healthcare program
The Administrator shall develop a plan to better understand the longitudinal health effects of space flight on humans. In the development of the plan, the Administrator shall consider the need for the establishment of a lifetime healthcare program for Administration astronauts and their families or other methods to obtain needed health data from astronauts and retired astronauts.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3376.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31301 | 42 U.S.C. 16822. | Pub. L. 109–155, title VII, §708, Dec. 30, 2005, 119 Stat. 2938. |
§31302. Astronaut healthcare survey
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31302 | 42 U.S.C. 17822. | Pub. L. 110–422, title XI, §1103, Oct. 15, 2008, 122 Stat. 4808. |
CHAPTER 315—MISCELLANEOUS
§31501. Orbital debris
The Administrator, in conjunction with the heads of other Federal agencies, shall take steps to develop or acquire technologies that will enable the Administration to decrease the risks associated with orbital debris.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31501 | 42 U.S.C. 16781. | Pub. L. 109–155, title VI, §601, Dec. 30, 2005, 119 Stat. 2931. |
§31502. Maintenance of facilities
In order to sustain healthy Centers that are capable of carrying out the Administration's missions, the Administrator shall ensure that adequate maintenance and upgrading of those Center facilities is performed on a regular basis.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31502 | 42 U.S.C. 17811(a). | Pub. L. 110–422, title X, §1002(a), Oct. 15, 2008, 122 Stat. 4806. |
Statutory Notes and Related Subsidiaries
Facilities and Infrastructure
Pub. L. 115–10, title VIII, §837, Mar. 21, 2017, 131 Stat. 69, provided that:
"(a)
"(1) the [National Aeronautics and Space] Administration must address, mitigate, and reverse, where possible, the deterioration of its facilities and infrastructure, as their condition is hampering the effectiveness and efficiency of research performed by both the Administration and industry participants making use of Administration facilities, thus harming the competitiveness of the United States aerospace industry;
"(2) the Administration has a role in providing laboratory capabilities to industry participants that are not economically viable as commercial entities and thus are not available elsewhere;
"(3) to ensure continued access to reliable and efficient world-class facilities by researchers, the Administration should establish strategic partnerships with other Federal agencies, State agencies, FAA-licensed spaceports, institutions of higher education, and industry, as appropriate; and
"(4) decisions on whether to dispose of, maintain, or modernize existing facilities must be made in the context of meeting Administration and other needs, including those required to meet the activities supporting the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title], considering other national laboratory needs as the Administrator [of the National Aeronautics and Space Administration] deems appropriate.
"(b)
"(c)
"(1)
"(2)
"(3)
"(A) current Administration and other Federal agency laboratory needs;
"(B) future Administration research and development and testing needs;
"(C) a strategy for identifying facilities and infrastructure that are candidates for disposal, that is consistent with the national strategic direction set forth in—
"(i) the National Space Policy;
"(ii) the National Aeronautics Research, Development, Test, and Evaluation Infrastructure Plan;
"(iii) the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895) [see Tables for classification], National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779) [see Tables for classification], and National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and
"(iv) the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title];
"(D) a strategy for the maintenance, repair, upgrading, and modernization of Administration facilities and infrastructure, including laboratories and equipment;
"(E) criteria for—
"(i) prioritizing deferred maintenance tasks;
"(ii) maintaining, repairing, upgrading, or modernizing Administration facilities and infrastructure; and
"(iii) implementing processes, plans, and policies for guiding the Administration's Centers on whether to maintain, repair, upgrade, or modernize a facility or infrastructure and for determining the type of instrument to be used;
"(F) an assessment of modifications needed to maximize usage of facilities that offer unique and highly specialized benefits to the aerospace industry and the American public; and
"(G) implementation steps, including a timeline, milestones, and an estimate of resources required for carrying out the plan.
"(d)
"(1)
"(2)
"(e)
§31503. Laboratory productivity
The Administration's laboratories are a critical component of the Administration's research capabilities, and the Administrator shall ensure that those laboratories remain productive.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31503 | 42 U.S.C. 17812(a). | Pub. L. 110–422, title X, §1003(a), Oct. 15, 2008, 122 Stat. 4807. |
§31504. Cooperative unmanned aerial vehicle activities
The Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration and in coordination with other agencies that have existing civil capabilities, shall continue to utilize the capabilities of unmanned aerial vehicles as appropriate in support of Administration and interagency cooperative missions. The Administrator may enter into cooperative agreements with universities with unmanned aerial vehicle programs and related assets to conduct collaborative research and development activities, including development of appropriate applications of small unmanned aerial vehicle technologies and systems in remote areas.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31504 | 42 U.S.C. 17828. | Pub. L. 110–422, title XI, §1116, Oct. 15, 2008, 122 Stat. 4813. |
§31505. Development of enhanced-use lease policy
(a)
(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)
(1)
(A) Federal financing through appropriations; or
(B) sale of the property.
(2)
(3)
(4)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31505 | 42 U.S.C. 17829. | Pub. L. 110–422, title XI, §1117, Oct. 15, 2008, 122 Stat. 4813. |
Subtitle IV—Aeronautics and Space Research and Education
CHAPTER 401—AERONAUTICS
SUBCHAPTER I—GENERAL
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS
SUBCHAPTER III—SCHOLARSHIPS
SUBCHAPTER IV—DATA REQUESTS
SUBCHAPTER I—GENERAL
§40101. Definition of institution of higher education
In this chapter, the term "institution of higher education" has the meaning given the term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3378.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40101 | 42 U.S.C. 16701. | Pub. L. 109–155, title IV, §401, Dec. 30, 2005, 119 Stat. 2923. |
§40102. Governmental interest in aeronautics research and development
Congress reaffirms the national commitment to aeronautics research made in chapter 201 of this title. Aeronautics research and development remains a core mission of the Administration. The Administration is the lead agency for civil aeronautics research. Further, the government of the United States shall promote aeronautics research and development that will expand the capacity, ensure the safety, and increase the efficiency of the Nation's air transportation system, promote the security of the Nation, protect the environment, and retain the leadership of the United States in global aviation.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40102 | 42 U.S.C. 16711. | Pub. L. 109–155, title IV, §411, Dec. 30, 2005, 119 Stat. 2923. |
Statutory Notes and Related Subsidiaries
Experimental Aircraft Projects
Pub. L. 117–167, div. B, title VII, §10831, Aug. 9, 2022, 136 Stat. 1746, provided that:
"(a)
"(1) developing high-risk, precompetitive aerospace technologies for which there is not yet a profit rationale is a fundamental role of the [National Aeronautics and Space] Administration;
"(2) large-scale flight test experimentation and validation are necessary for—
"(A) transitioning new technologies and materials, including associated manufacturing processes, for aviation and aeronautics use; and
"(B) capturing the full extent of benefits from investments made by the Aeronautics Research Mission Directorate; and
"(3) a level of funding that adequately supports large-scale flight test experimentation and validation, including related infrastructure, should be ensured over a sustained period of time to restore the capacity of the Administration—
"(A) to see legacy priority programs through to completion; and
"(B) to achieve national economic and security objectives.
"(b)
"(1) to maintain world leadership in—
"(A) civilian aeronautical science and technology; and
"(B) aerospace industrialization; and
"(2) to maintain as a fundamental objective of the aeronautics research of the Administration the steady progression and expansion of flight research and capabilities, including the science and technology of critical underlying disciplines and competencies, such as—
"(A) computational-based analytical and predictive tools and methodologies;
"(B) aerothermodynamics;
"(C) propulsion;
"(D) advanced materials and manufacturing processes;
"(E) high-temperature structures and materials; and
"(F) guidance, navigation, and flight controls.
"(c)
"(1)
"(A) a subsonic demonstrator to demonstrate the performance and feasibility of advanced, ultra-efficient, and low emissions subsonic flight demonstrator configurations;
"(B) a low boom flight demonstrator to validate design tools and technologies that can be applied to low sonic boom commercial supersonic aircraft and support the development of a noise-based standard for supersonic overland flight; and
"(C) a flight research demonstrator to test the performance and feasibility of advanced, ultra-efficient and net-zero emissions aircraft concepts and configurations.
"(2)
"(A) include the development of experimental aircraft and all necessary supporting flight test assets;
"(B) pursue a robust technology maturation and flight test validation effort;
"(C) improve necessary facilities, flight testing capabilities, and computational tools to support the demonstration;
"(D) award any primary contracts for design, procurement, and manufacturing to United States persons, consistent with international obligations and commitments; and
"(E) coordinate research and flight test demonstration activities with other Federal agencies and the United States aviation community, as the Administrator considers appropriate.
"(3)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
"(d)
"(e)
"(1)
"(A) to develop—
"(i) new materials, including composite and high-temperature materials, from base material formulation through full-scale structural validation and manufacture;
"(ii) advanced materials and manufacturing processes, including additive manufacturing, to reduce the cost of manufacturing scale-up and certification for use in aeronautics; and
"(iii) noninvasive or nondestructive techniques for testing or evaluating aviation and aeronautics structures, including for materials and manufacturing processes;
"(B) to reduce the time it takes to design, industrialize, and certify advanced materials and manufacturing processes;
"(C) to provide education and training opportunities for the aerospace workforce; and
"(D) to address global cost and human capital competitiveness for United States aeronautical industries and technological leadership in advanced materials and manufacturing technology.
"(2)
"(A) build on work that was carried out by the Advanced Composites Project of the Administration;
"(B) partner with the private and academic sectors, such as members of the Advanced Composites Consortium of the Administration, the Joint Advanced Materials and Structures Center of Excellence of the Federal Aviation Administration, the Manufacturing USA institutes of the Department of Commerce, and national laboratories, as the Administrator considers appropriate;
"(C) provide a structure for managing intellectual property generated by the program based on or consistent with the structure established for the Advanced Composites Consortium of the Administration;
"(D) ensure adequate Federal cost share for applicable research; and
"(E) coordinate with advanced manufacturing and composites initiatives in other mission directorates of the Administration, as the Administrator considers appropriate.
"(f)
"(1) academia; and
"(2) commercial aviation and aerospace manufacturers."
[For definition of "Manufacturing USA institute" as used in section 10831 of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
Executive Documents
Ex. Ord. No. 13419. National Aeronautics Research and Development
Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 204 of the National Science and Technology Policy, Organization, and Priorities Act of 1976, as amended (42 U.S.C. 6613), section 101(c) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155), and section 301 of title 3, United States Code, it is hereby ordered as follows:
(a) review the funding and activities of the Federal Government relating to aeronautics R&D;
(b) recommend to the President, the Director of the Office of Management and Budget, and the heads of executive departments and agencies, as appropriate, such actions with respect to funding and activities of the Federal Government relating to aeronautics R&D as may be necessary to
(i) advance United States technological leadership in aeronautics;
(ii) support innovative research leading to significant advances in aeronautical concepts, technologies, and capabilities;
(iii) pursue and develop advanced aeronautics concepts and technologies, including those for advanced aircraft systems and air transportation management systems, to benefit America's security and effective and efficient national airspace management;
(iv) maintain and advance United States aeronautics research, development, test and evaluation infrastructure to provide effective experimental and computational capabilities in support of aeronautics R&D;
(v) facilitate the educational development of the future aeronautics workforce as needed to further Federal Government interests;
(vi) enhance coordination and communication among executive departments and agencies to maximize the effectiveness of Federal Government R&D resources; and
(vii) ensure appropriate Federal Government coordination with State, territorial, tribal, local, and foreign governments, international organizations, academic and research institutions, private organizations, and other entities.
(a) develop and, not later than 1 year after the date of this order, submit for approval by the President a plan for national aeronautics R&D and for related infrastructure, (the "plan"), and thereafter submit, not less often than biennially, to the President for approval any changes to the plan;
(b) monitor and report to the President as appropriate on the implementation of the approved plan;
(c) ensure that executive departments and agencies conducting aeronautics R&D:
(i) obtain and exchange information and advice, as appropriate, from organizations and individuals outside the Federal Government in support of Federal Government planning and performance of aeronautics R&D;
(ii) develop and implement, as appropriate, measures for improving dissemination of R&D results and facilitating technology transition from R&D to applications; and
(iii) identify and promote innovative policies and approaches that complement and enhance Federal Government aeronautics R&D investment; and
(d) report to the President on the results of the efforts of executive departments and agencies to implement paragraphs (c)(i) through (iii) of this section.
(i) obtain as appropriate the assistance of the National Science and Technology Council in the performance of the Director's functions under this order, consistent with Executive Order 12881 of November 23, 1993, as amended;
(ii) coordinate as appropriate with the Director of the Office of Management and Budget; and
(iii) obtain information and advice from all sources as appropriate, including individuals associated with academic and research institutions and private organizations.
(b) The functions of the President under subsection (c) of section 101 of the National Aeronautics and Space Administration Authorization Act of 2005, except the function of designation, are assigned to the Director of the Office of Science and Technology Policy. In performing these assigned functions, the Director shall, as appropriate, consult the Administrator of the National Aeronautics and Space Administration, the Secretary of Defense, the Secretary of Transportation, the Director of the Office of Management and Budget, and other heads of executive departments and agencies as appropriate. The Director also shall ensure that all actions taken in the performance of such functions are consistent with the authority set forth in subsections (a) through (d) of section 6 of Executive Order 13346 of July 8, 2004.
(c) This order shall be implemented in a manner consistent with:
(i) applicable law, including section 102A(i) of the National Security Act of 1947, as amended ([former] 50 U.S.C. 403–1(i)) [now 50 U.S.C. 3024(i)], and subject to the availability of appropriations; and
(ii) statutory authority of the principal officers of executive departments and agencies as the heads of their respective departments and agencies.
(d) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals.
(e) This order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
§40103. Cooperation with other agencies on aeronautics activities
The Administrator shall coordinate, as appropriate, the Administration's aeronautics activities with relevant programs in the Department of Transportation, the Department of Defense, the Department of Commerce, and the Department of Homeland Security, including the activities of the Next Generation Air Transportation System Joint Planning and Development Office established under section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176, 49 U.S.C. 40101 note).
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40103 | 42 U.S.C. 16712(b). | Pub. L. 110–69, title II, §2002(b), Aug. 9, 2007, 121 Stat. 583. |
The words "Next Generation Air Transportation System" are inserted before "Joint Planning and Development Office" for consistency with section 709 of the Vision 100—Century of Aviation Reauthorization Act (Public Law 108–176, 49 U.S.C. 40101 note).
§40104. Cooperation among Mission Directorates
Research and development activities performed by the Aeronautics Research Mission Directorate with the primary objective of assisting in the development of a flight project in another Mission Directorate shall be funded by the Mission Directorate seeking assistance.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40104 | 42 U.S.C. 17724. | Pub. L. 110–422, title III, §307, Oct. 15, 2008, 122 Stat. 4788. |
SUBCHAPTER II—HIGH PRIORITY AERONAUTICS RESEARCH AND DEVELOPMENT PROGRAMS
§40111. Fundamental research program
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40111 | 42 U.S.C. 16721(a), (b). | Pub. L. 109–155, title IV, §421(a), (b), Dec. 30, 2005, 119 Stat. 2924. |
§40112. Research and technology programs
(a)
(b)
(1)
(A) to reduce greenhouse gas emissions from aviation, including carbon dioxide, nitrogen oxides, other greenhouse gases, water vapor, black carbon and sulfate aerosols, and increased cloudiness due to contrail formation;
(B) to reduce aviation noise emissions; and
(C) to enable associated aircraft performance characteristics.
(2)
(A) to ensure United States leadership in research and technology innovation leading to substantial reductions in aviation noise and greenhouse gas emissions;
(B) to enhance and expand basic research, and the translation of basic research into applications, that may lead to transformational advances in reducing aviation noise and greenhouse gas emissions;
(C) to accelerate research and development that contributes to maturing new technologies for reducing aircraft noise and greenhouse gas emissions; and
(D) to obtain and disseminate associated testing and performance data that facilitates the incorporation of new technologies into commercial aircraft development as soon as practicable.
(3)
(A) as soon as practicable, a reduction of greenhouse gas emissions from new aircraft by at least 50 percent, as compared to the highest-performing aircraft technologies in service as of December 31, 2021;
(B) noise levels from aircraft throughout all phases of flight that do not exceed ambient noise levels in the absence of flight operations in the vicinity of the flight route;
(C) net-zero greenhouse gas emissions from aircraft by 2050; and
(D) demonstration of new technologies developed pursuant to such initiative on—
(i) regional aircraft intended to enter into service by 2030; and
(ii) single-aisle aircraft designed to accommodate more than 125 passengers intended to enter into service by 2040.
(c)
(d)
(e)
(f)
(1)
(2)
(g)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379; Pub. L. 117–167, div. B, title VII, §10833(a), Aug. 9, 2022, 136 Stat. 1749.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40112(a) | 42 U.S.C. 16722(b). | Pub. L. 109–155, title IV, §422(b)–(g), Dec. 30, 2005, 119 Stat. 2925. |
| 40112(b) | 42 U.S.C. 16722(c). | |
| 40112(c) | 42 U.S.C. 16722(d). | |
| 40112(d) | 42 U.S.C. 16722(e). | |
| 40112(e) | 42 U.S.C. 16722(f). | |
| 40112(f) | 42 U.S.C. 16722(g). |
Editorial Notes
Amendments
2022—Subsecs. (b) to (g). Pub. L. 117–167 added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively.
Statutory Notes and Related Subsidiaries
Technology Focus Areas, Implementation, and Annual Report for the Research and Development Initiative
Pub. L. 117–167, div. B, title VII, §10833(b)–(d), Aug. 9, 2022, 136 Stat. 1750, 1751, provided that:
"(b)
"(1) advanced subsonic propulsion technology, design, and integration;
"(2) electric and hybrid-electric propulsion, including battery electric and hydrogen fuel cell electric systems;
"(3) airframe concepts and configurations;
"(4) analysis of technology options, including cost-benefit analysis of greenhouse gas and noise emissions reduction technologies;
"(5) analytical tools for system-level and system-of-systems-level modeling and integration;
"(6) airspace operations improvements;
"(7) noise emissions reduction; and
"(8) any other effort, as determined by the [National Aeronautics and Space] Administration, that contributes to a sustainable future for aviation.
"(c)
"(1) ensure that testing and performance data integrates the results of community acceptance surveys conducted by the Federal Aviation Administration and other relevant studies, including studies on the impacts of new noise effects from novel propulsion systems and from airspace operations changes;
"(2) provide testing and performance data on the technologies described in subsection (b) of this section to the Administrator of the Federal Aviation Administration to facilitate the work of the Federal Aviation Administration in identifying new requirements for policy, infrastructure, and administrative capacity necessary to enable the safe integration of such technologies on aircraft;
"(3) pursue partnerships with organizations, current commercial production aircraft providers, academic institutions, small businesses, and new entrants, including partnerships to advance research and development activities related to both regional aircraft and aircraft designed to accommodate more than 125 passengers;
"(4) include universities, academic institutions, and other research organizations in the partnerships described in paragraph (3);
"(5) expand basic research;
"(6) ensure equity in research sponsorship of, and partnership opportunities with, underrepresented students, faculty, and minority-serving-institutions [sic];
"(7) continue to coordinate with the Secretary of Energy on battery technology research;
"(8) make available the research and development carried out under the initiative established under subsection (b) of section 40112 of title 51, United States Code, to help enable an industry-wide shift toward aircraft concepts that reduce greenhouse gas emissions and aircraft noise to achieve the goals and objectives under paragraphs (2) and (3) of that subsection; and
"(9) continue to support research, development, and demonstration of aircraft concepts, including systems architecture, materials and components, integration of systems and airframe structures, human factors, airspace planning and operations, and the integration of related advanced technologies and concepts, with the goal of carrying out test flights with integrated subsystems by 2025.
"(d)
"(1) the status of progress on such initiative;
"(2) an updated, anticipated timeframe for readiness of technologies and aircraft to be adopted by industry with the emissions reduction levels directed under that subsection; and
"(3) an identification of fundamental aeronautics research activities contributing to achieving the goals and objectives of such initiative, as described in paragraphs (2) and (3) of that subsection, and a description of any obstacles to achieving such goals and objectives."
[For definition of "minority-serving institution" as used in section 10833(b)–(d) of Pub. L. 117–167, set out above, see section 18901 of Title 42, The Public Health and Welfare.]
National Aero-Space Plane Program
Pub. L. 101–611, title I, §116, Nov. 16, 1990, 104 Stat. 3202, provided that:
"(a)
"(b)
"(1) The Secretary and the Adminstrator [sic] shall jointly develop a management plan for the program established under subsection (a), which shall include goals, major tasks, anticipated schedules, organizational structure, funding profiles, details of the respective responsibilities of the Secretary and the Administrator, and resource procurement strategies.
"(2) The management plan developed pursuant to paragraph (1) shall be submitted to the Congress within 120 days after the date of enactment of this Act [Nov. 16, 1990]."
[Pub. L. 101–611, title I, §127, Nov. 16, 1990, 104 Stat. 3205, provided that: "For purposes of this title [see Tables for classification], the term 'Administrator' means the Administrator of the National Aeronautics and Space Administration."]
§40113. Airspace systems research
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40113 | 42 U.S.C. 16723. | Pub. L. 109–155, title IV, §423, Dec. 30, 2005, 119 Stat. 2925. |
In subsection (b), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
Statutory Notes and Related Subsidiaries
Unmanned Aircraft Systems
Pub. L. 117–167, div. B, title VII, §10832, Aug. 9, 2022, 136 Stat. 1748, provided that:
"(a)
"(1) research and test capabilities and concepts, including unmanned aircraft systems communications, for integrating unmanned aircraft systems into the national airspace system;
"(2) leverage the partnership NASA [National Aeronautics and Space Administration] has with industry focused on the advancement of technologies for future air traffic management systems for unmanned aircraft systems; and
"(3) continue to leverage the research and testing portfolio of NASA to inform the integration of unmanned aircraft systems into the national airspace system, consistent with public safety and national security objectives.
"(b)
"(1) NASA should continue—
"(A) to coordinate with the Federal Aviation Administration on research on air traffic management systems for unmanned aircraft systems; and
"(B) to assist the Federal Aviation Administration in the integration of air traffic management systems for unmanned aircraft systems into the national airspace system; and
"(2) the test ranges (as defined in section 44801 of title 49, United States Code) should continue to be leveraged for research on—
"(A) air traffic management systems for unmanned aircraft systems; and
"(B) the integration of such systems into the national airspace system."
[For definition of "unmanned aircraft system" as used in section 10832 of Pub. L. 117–167, set out above, see section 10802 of Pub. L. 117–167, set out as a Definitions note under section 10101 of this title.]
§40114. Aviation safety and security research
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3380.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40114 | 42 U.S.C. 16724. | Pub. L. 109–155, title IV, §424, Dec. 30, 2005, 119 Stat. 2926. |
In subsection (b), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
§40115. Aviation weather research
The Administrator may carry out a program of collaborative research with the National Oceanic and Atmospheric Administration on convective weather events, with the goal of significantly improving the reliability of 2-hour to 6-hour aviation weather forecasts.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3381.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40115 | 42 U.S.C. 16725. | Pub. L. 109–155, title IV, §425, Dec. 30, 2005, 119 Stat. 2926. |
§40116. University-based Centers for Research on Aviation Training
(a)
(b)
(c)
(d)
(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.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3381.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40116 | 42 U.S.C. 16727. | Pub. L. 109–155, title IV, §427, Dec. 30, 2005, 119 Stat. 2926; Pub. L. 110–422, title III, §308, Oct. 15, 2008, 122 Stat. 4788. |
In subsection (b), the words "Centers for Research on Aviation Training" are substituted for "Centers" for clarity. There are references to both "Centers for Research on Aviation Training" and "Administration Centers" in subsection (a).
In subsection (d)(1), the words "proposed in the application submitted under subsection (c)" are substituted for "proposed by the Center in its application under subsection (c)" for clarity. Under section (c), applications are filed by an institution of higher education (or a consortium of such institutions) seeking funding, and not by the Center for which such funding is sought.
SUBCHAPTER III—SCHOLARSHIPS
§40131. Aeronautics scholarships
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3381.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40131 | 42 U.S.C. 16741. | Pub. L. 109–155, title IV, §431, Dec. 30, 2005, 119 Stat. 2927. |
In subsection (b), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).
SUBCHAPTER IV—DATA REQUESTS
§40141. Aviation data requests
The Administrator shall make available upon request satellite imagery and aerial photography of remote terrain that the Administration owns at the time of the request to the Administrator of the Federal Aviation Administration or the Director of the Five Star Medallion Program, to assist and train pilots in navigating challenging topographical features of such terrain.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3382.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 40141 | 42 U.S.C. 16751. |