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

2018—Pub. L. 115–254, div. B, title V, §580(b)(2), Oct. 5, 2018, 132 Stat. 3396, added item 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 513 and substituted "Commerce" for "Commercialization" in item 507 and "Use of space launch system or alternatives" for "Use of Space Shuttle or Alternatives" in item 701.

2010—Pub. L. 111–314, §4(d)(7), Dec. 18, 2010, 124 Stat. 3443, added items 509 and 511.

Table I
(Showing disposition of former sections of Title 15)

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

Table II
(Showing disposition of former sections of Title 42)

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) Purpose.—The purpose of this Act [see Tables for classification] is to codify certain existing laws related to national and commercial space programs as a positive law title of the United States Code.

"(b) Conformity With Original Intent.—In the codification of laws by this Act, the intent is to conform to the understood policy, intent, and purpose of Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections, in accordance with section 205(c)(1) of House Resolution No. 988, 93d Congress, as enacted into law by Public Law 93–554 (2 U.S.C. 285b(1))."

Transitional and Savings Provisions

Pub. L. 111–314, §5, Dec. 18, 2010, 124 Stat. 3443, provided that:

"(a) Definitions.—In this section:

"(1) Source provision.—The term 'source provision' means a provision of law that is replaced by a title 51 provision.

"(2) Title 51 provision.—The term 'title 51 provision' means a provision of title 51, United States Code, that is enacted by section 3.

"(b) Cutoff Date.—The title 51 provisions replace certain provisions of law enacted on or before July 1, 2009. If a law enacted after that date amends or repeals a source provision, that law is deemed to amend or repeal, as the case may be, the corresponding title 51 provision. If a law enacted after that date is otherwise inconsistent with a title 51 provision or a provision of this Act [see Tables for classification], that law supersedes the title 51 provision or provision of this Act to the extent of the inconsistency.

"(c) Original Date of Enactment Unchanged.—For purposes of determining whether one provision of law supersedes another based on enactment later in time, a title 51 provision is deemed to have been enacted on the date of enactment of the corresponding source provision.

"(d) References to Title 51 Provisions.—A reference to a title 51 provision is deemed to refer to the corresponding source provision.

"(e) References to Source Provisions.—A reference to a source provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding title 51 provision.

"(f) Regulations, Orders, and Other Administrative Actions.—A regulation, order, or other administrative action in effect under a source provision continues in effect under the corresponding title 51 provision.

"(g) Actions Taken and Offenses Committed.—An action taken or an offense committed under a source provision is deemed to have been taken or committed under the corresponding title 51 provision."

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) Administration.—The term "Administration" means the National Aeronautics and Space Administration.

(2) Administrator.—The term "Administrator" means the Administrator of the National Aeronautics and Space Administration.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3329.)

Historical and Revision Notes

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 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. 115–10, §2, Mar. 21, 2017, 131 Stat. 19, provided that: "In this Act [see Tables for classification]:

"(1) Administration.—The term 'Administration' means the National Aeronautics and Space Administration.

"(2) Administrator.—The term 'Administrator' means the Administrator of the National Aeronautics and Space Administration.

"(3) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(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) Cis-lunar space.—The term 'cis-lunar space' means the region of space from the Earth out to and including the region around the surface of the Moon.

"(5) Deep space.—The term 'deep space' means the region of space beyond low-Earth orbit, to include cis-lunar space.

"(6) Government astronaut.—The term 'government astronaut' has the meaning given the term in section 50902 of title 51, United States Code.

"(7) ISS.—The term 'ISS' means the International Space Station.

"(8) ISS management entity.—The term 'ISS management entity' means the organization with which the Administrator has a cooperative agreement under section 504(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18354(a)).

"(9) NASA.—The term 'NASA' means the National Aeronautics and Space Administration.

"(10) Orion.—The term 'Orion' means the multipurpose crew vehicle described under section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).

"(11) Space launch system.—The term 'Space Launch System' has the meaning given the term in section 3 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18302).

"(12) United states government astronaut.—The term 'United States government astronaut' has the meaning given the term 'government astronaut' in section 50902 of title 51, United States Code, except it does not include an individual who is an international partner astronaut."

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) Administrator.—The term 'Administrator' means the Administrator of NASA.

"(2) NASA.—The term 'NASA' means the National Aeronautics and Space Administration."

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) Administrator.—The term 'Administrator' means the Administrator of NASA.

"(2) NASA.—The term 'NASA' means the National Aeronautics and Space Administration.

"(3) NOAA.—The term 'NOAA' means the National Oceanic and Atmospheric Administration.

"(4) OSTP.—The term 'OSTP' means the Office of Science and Technology Policy."

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) Administrator.—The term 'Administrator' means the Administrator of the National Aeronautics and Space Administration.

"(2) ISS.—The term 'ISS' means the International Space Station.

"(3) NASA.—The term 'NASA' means the National Aeronautics and Space Administration."

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.)

Historical and Revision Notes

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) Devotion of Space Activities to Peaceful Purposes for Benefit of All Humankind.—Congress declares that it is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all humankind.

(b) Aeronautical and Space Activities for Welfare and Security of United States.—Congress declares that the general welfare and security of the United States require that adequate provision be made for aeronautical and space activities. Congress further declares that such activities shall be the responsibility of, and shall be directed by, a civilian agency exercising control over aeronautical and space activities sponsored by the United States, except that activities peculiar to or primarily associated with the development of weapons systems, military operations, or the defense of the United States (including the research and development necessary to make effective provision for the defense of the United States) shall be the responsibility of, and shall be directed by, the Department of Defense; and that determination as to which agency has responsibility for and direction of any such activity shall be made by the President.

(c) Commercial Use of Space.—Congress declares that the general welfare of the United States requires that the Administration seek and encourage, to the maximum extent possible, the fullest commercial use of space.

(d) Objectives of Aeronautical and Space Activities.—The aeronautical and space activities of the United States shall be conducted so as to contribute materially to one or more of the following objectives:

(1) The expansion of human knowledge of the Earth and of phenomena in the atmosphere and space.

(2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and space vehicles.

(3) The development and operation of vehicles capable of carrying instruments, equipment, supplies, and living organisms through space.

(4) The establishment of long-range studies of the potential benefits to be gained from, the opportunities for, and the problems involved in the utilization of aeronautical and space activities for peaceful and scientific purposes.

(5) The preservation of the role of the United States as a leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere.

(6) The making available to agencies directly concerned with national defense of discoveries that have military value or significance, and the furnishing by such agencies, to the civilian agency established to direct and control nonmilitary aeronautical and space activities, of information as to discoveries which have value or significance to that agency.

(7) Cooperation by the United States with other nations and groups of nations in work done pursuant to this chapter and in the peaceful application of the results thereof.

(8) The most effective utilization of the scientific and engineering resources of the United States, with close cooperation among all interested agencies of the United States in order to avoid unnecessary duplication of effort, facilities, and equipment.

(9) The preservation of the United States preeminent position in aeronautics and space through research and technology development related to associated manufacturing processes.

(10) The search for life's origin, evolution, distribution, and future in the universe.

(e) Ground Propulsion Systems Research and Development.—Congress declares that the general welfare of the United States requires that the unique competence in scientific and engineering systems of the Administration also be directed toward ground propulsion systems research and development. Such development shall be conducted so as to contribute to the objectives of developing energy and petroleum-conserving ground propulsion systems, and of minimizing the environmental degradation caused by such systems.

(f) Bioengineering Research, Development, and Demonstration Programs.—Congress declares that the general welfare of the United States requires that the unique competence of the Administration in science and engineering systems be directed to assisting in bioengineering research, development, and demonstration programs designed to alleviate and minimize the effects of disability.

(g) Warning and Mitigation of Potential Hazards of Near-Earth Objects.—Congress declares that the general welfare and security of the United States require that the unique competence of the Administration be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects to the Earth.

(h) Purpose of Chapter.—It is the purpose of this chapter to carry out and effectuate the policies declared in subsections (a) to (g).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3330; Pub. L. 115–10, title V, §507, Mar. 21, 2017, 131 Stat. 50.)

Historical and Revision Notes

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

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

Section 1. Background. The United States considers unfettered freedom to operate in space vital to advancing the security, economic prosperity, and scientific knowledge of the Nation. Space systems enable key functions such as global communications; positioning, navigation, and timing; scientific observation; exploration; weather monitoring; and multiple vital national security applications. Therefore, it is essential to protect space systems from cyber incidents in order to prevent disruptions to their ability to provide reliable and efficient contributions to the operations of the Nation's critical infrastructure.

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.

Sec. 2. Definitions. For the purposes of this memorandum, the following definitions shall apply:

(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.

Sec. 3. Policy. Cybersecurity principles and practices that apply to terrestrial systems also apply to space systems. Certain principles and practices, however, are particularly important to space systems. For example, it is critical that cybersecurity measures, including the ability to perform updates and respond to incidents remotely, are integrated into the design of the space vehicle before launch, as most space vehicles in orbit cannot currently be physically accessed. For this reason, integrating cybersecurity into all phases of development and ensuring full life-cycle cybersecurity are critical for space systems. Effective cybersecurity practices arise out of cultures of prevention, active defense, risk management, and sharing best practices.

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.

Sec. 4. Principles. (a) Space systems and their supporting infrastructure, including software, should be developed and operated using risk-based, cybersecurity-informed engineering. Space systems should be developed to continuously monitor, anticipate, and adapt to mitigate evolving malicious cyber activities that could manipulate, deny, degrade, disrupt, destroy, surveil, or eavesdrop on space system operations. Space system configurations should be resourced and actively managed to achieve and maintain an effective and resilient cyber survivability posture throughout the space system lifecycle.

(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.

Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(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) Aeronautical and space activities.—The term "aeronautical and space activities" means—

(A) research into, and the solution of, problems of flight within and outside the Earth's atmosphere;

(B) the development, construction, testing, and operation for research purposes of aeronautical and space vehicles;

(C) the operation of a space transportation system including the space shuttle, upper stages, space platforms, and related equipment; and

(D) such other activities as may be required for the exploration of space.

(2) Aeronautical and space vehicles.—The term "aeronautical and space vehicles" means aircraft, missiles, satellites, and other space vehicles, manned and unmanned, together with related equipment, devices, components, and parts.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)

Historical and Revision Notes

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) Establishment and Appointment of Administrator.—There is established the National Aeronautics and Space Administration. The Administration shall be headed by an Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. Under the supervision and direction of the President, the Administrator shall be responsible for the exercise of all powers and the discharge of all duties of the Administration and shall have authority and control over all personnel and activities thereof.

(b) Deputy Administrator.—There shall be in the Administration a Deputy Administrator, who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. The Deputy Administrator shall perform such duties and exercise such powers as the Administrator may prescribe. The Deputy Administrator shall act for, and exercise the powers of, the Administrator during the Administrator's absence or disability.

(c) Restriction on Other Business or Employment.—The Administrator and the Deputy Administrator shall not engage in any other business, vocation, or employment while serving as such.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)

Historical and Revision Notes

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) In General.—The Administrator [of the National Aeronautics and Space Administration] shall, in a manner that reflects the unique nature of NASA [National Aeronautics and Space Administration]'s mission and expertise—

"(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) GAO Study.—

"(1) Study.—The Comptroller General of the United States shall conduct a study of the effectiveness of the Administration's Information Technology Governance in ensuring information technology resources are aligned with agency missions and are cost effective and secure.

"(2) Contents.—The study shall include an assessment of—

"(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) Report.—Not later than 1 year after the date of enactment of this Act [Mar. 21, 2017], the Comptroller General shall submit to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report detailing the results of the study under paragraph (1), including any recommendations.

"SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.

"(a) In General.—Subject to subsection (b), the Administrator [of the National Aeronautics and Space Administration] shall develop an information technology strategic plan to guide NASA [National Aeronautics and Space Administration] information technology management and strategic objectives.

"(b) Requirements.—In developing the strategic plan, the Administrator shall ensure that the strategic plan addresses—

"(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) Contents.—The strategic plan shall address, in a manner that reflects the unique nature of NASA's mission and expertise—

"(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) Congressional Oversight.—The Administrator shall submit to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] the strategic plan under subsection (a) and any updates thereto.

"SEC. 813. CYBERSECURITY.

"(a) Finding.—Congress finds that the security of NASA [National Aeronautics and Space Administration] information and information systems is vital to the success of the mission of the agency.

"(b) Information Security Plan.—

"(1) In general.—Not later than 1 year after the date of enactment of this Act [Mar. 21, 2017], the Administrator [of the National Aeronautics and Space Administration] shall implement the information security plan developed under paragraph (2) and take such further actions as the Administrator considers necessary to improve the information security system in accordance with this section.

"(2) Information security plan.—Subject to paragraphs (3) and (4), the Administrator shall develop an agency-wide information security plan to enhance information security for NASA information and information infrastructure.

"(3) Requirements.—In developing the plan under paragraph (2), the Administrator shall ensure that the plan—

"(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) Contents.—The plan shall address—

"(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, provided that:

"(a) Establishment.—(1) The National Space Council shall establish a Users' Advisory Group composed of non-Federal representatives of industries and other persons involved in aeronautical and space activities.

"(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) Exemption.—The Users' Advisory Group shall not be subject to section 14(a)(2) of the Federal Advisory Committee Act [5 U.S.C. App.]."

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, set out below.

Ex. Ord. No. 13803. Reviving the National Space Council

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, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to provide a coordinated process for developing and monitoring the implementation of national space policy and strategy, it is hereby ordered as follows:

Section 1. Purpose. The National Space Council (Council) was established by Title V of Public Law 100–685 and Executive Order 12675 of April 20, 1989 (Establishing the National Space Council). The Council was tasked with advising and assisting the President regarding national space policy and strategy. The Council was never formally disestablished, but it effectively ceased operation in 1993. This order revives the Council and provides additional details regarding its duties and responsibilities.

Sec. 2. Revival and Composition of the National Space Council. (a) The Council is hereby revived and shall resume operations.

(b) The Council shall be composed of the following members:

(i) The Vice President, who shall be Chair of the Council;

(ii) The Secretary of State;

(iii) The Secretary of Defense;

(iv) The Secretary of Commerce;

(v) The Secretary of Transportation;

(vi) The Secretary of Energy;

(vii) The Secretary of Homeland Security;

(viii) The Director of National Intelligence;

(ix) The Director of the Office of Management and Budget;

(x) The Assistant to the President for National Security Affairs;

(xi) The Assistant to the President for Economic Policy;

(xii) The Assistant to the President for Domestic Policy;

(xiii) The Administrator of the National Aeronautics and Space Administration;

(xiv) The Director of the Office of Science and Technology Policy;

(xv) The Chairman of the Joint Chiefs of Staff; and

(xvi) 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.

Sec. 3. Functions of the Council. (a) The Council shall advise and assist the President regarding national space policy and strategy, and perform such other duties as the President may, from time to time, prescribe.

(b) In particular, the Council is directed to:

(i) review United States Government space policy, including long-range goals, and develop a strategy for national space activities;

(ii) develop recommendations for the President on space policy and space-related issues;

(iii) monitor and coordinate implementation of the objectives of the President's national space policy and strategy;

(iv) foster close coordination, cooperation, and technology and information exchange among the civil, national security, and commercial space sectors;

(v) advise on participation in international space activities conducted by the United States Government; and

(vi) facilitate the resolution of differences concerning major space and space-related policy matters.

(c) The Council shall meet at least annually.

(d) The revival and operation of the Council shall not interfere with the existing lines of authority in or responsibilities of any agencies.

(e) The Council shall have a staff, headed by a civilian Executive Secretary appointed by the President.

Sec. 4. Responsibilities of the Chair. (a) The Chair shall serve as the President's principal advisor on national space policy and strategy.

(b) The Chair shall, in consultation with the members of the Council, establish procedures for the Council and establish the agenda for Council activities.

(c) The Chair shall advise the Council, as appropriate, regarding the President's directions with respect to the Council's activities and national space policy and strategy.

(d) The Chair may recommend to the President candidates for the position of Executive Secretary.

(e) The Chair, or upon the Chair's direction, the Executive Secretary, may invite the heads of other agencies, other senior officials in the Executive Office of the President, or other Federal employees to participate in Council meetings.

(f) The Chair shall authorize the establishment of committees of the Council, including an executive committee, and of working groups, composed of senior designees of the Council members and of other Federal officials invited to participate in Council meetings, as he deems necessary or appropriate for the efficient conduct of Council functions.

Sec. 5. National Space Policy and Strategy Planning Process. (a) Each agency represented on the Council shall provide such information to the Chair regarding its current and planned space activities as the Chair shall request.

(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 policy and strategy matters relating primarily to national security, the Council shall coordinate with the National Security Council (NSC) to create policies and procedures for the Council that respect the responsibilities and authorities of the NSC under existing law.

Sec. 6. Users' Advisory Group. (a) The Council shall convene a Users' Advisory Group (Group) pursuant to Public Law 101–611, section 121, composed of non-Federal representatives of industries and other persons involved in aeronautical and space activities.

(b) Members of the Group shall serve without any 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.

Sec. 7. Administrative Provisions. (a) To aid in the performance of the functions of the Council:

(i) The Office of Administration in the Executive Office of the President shall provide the Council with administrative support on a reimbursable basis; and

(ii) Legal advice to the Council itself with respect to its work and functions shall be provided exclusively by the Office of the Counsel to the President.

(b) To the extent practicable and permitted by law, including the Economy Act, and within existing appropriations, agencies serving on the Council and interagency councils and committees that affect space policy or strategy shall make resources, including, but not limited to, 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 and provide such information and advice to the Council as it may reasonably request, to the extent permitted by law.

Sec. 8. Report. Within 1 year of the date of this order, and annually thereafter, the Council shall submit a report to the President setting forth its assessment of, and recommendations for, the space policy and strategy of the United States Government.

Sec. 9. General Provisions. (a) This order supersedes Executive Order 12675 of April 20, 1989 (Establishing the National Space Council). To the extent this order is inconsistent with any provision of any earlier Executive Order or Presidential Memorandum, this order shall control.

(b) 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.

(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.

(d) Nothing in this order shall be construed to impair or otherwise affect:

(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.

(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

Donald J. Trump.      

§20112. Functions of the Administration

(a) Planning, Directing, and Conducting Aeronautical and Space Activities.—The Administration, in order to carry out the purpose of this chapter, shall—

(1) plan, direct, and conduct aeronautical and space activities;

(2) arrange for participation by the scientific community in planning scientific measurements and observations to be made through use of aeronautical and space vehicles, and conduct or arrange for the conduct of such measurements and observations;

(3) provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof;

(4) seek and encourage, to the maximum extent possible, the fullest commercial use of space; and

(5) encourage and provide for Federal Government use of commercially provided space services and hardware, consistent with the requirements of the Federal Government.

(b) Research and Development in Certain Technologies.—

(1) Ground propulsion technologies.—The Administration shall, to the extent of appropriated funds, initiate, support, and carry out such research, development, demonstration, and other related activities in ground propulsion technologies as are provided for in sections 4 to 10 of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976 (15 U.S.C. 2503 to 2509).

(2) Solar heating and cooling technologies.—The Administration shall initiate, support, and carry out such research, development, demonstrations, and other related activities in solar heating and cooling technologies (to the extent that funds are appropriated therefor) as are provided for in sections 5, 6, and 9 of the Solar Heating and Cooling Demonstration Act of 1974 (42 U.S.C. 5503, 5504, 5507).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333.)

Historical and Revision Notes

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) Rules and Regulations.—In the performance of its functions, the Administration is authorized to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of its operations and the exercise of the powers vested in it by law.

(b) Officers and Employees.—In the performance of its functions, the Administration is authorized to appoint and fix the compensation of officers and employees as may be necessary to carry out such functions. The officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, except that—

(1) to the extent the Administrator deems such action necessary to the discharge of the Administrator's responsibilities, the Administrator may appoint not more than 425 of the scientific, engineering, and administrative personnel of the Administration without regard to such laws, and may fix the compensation of such personnel not in excess of the rate of basic pay payable for level III of the Executive Schedule; and

(2) to the extent the Administrator deems such action necessary to recruit specially qualified scientific and engineering talent, the Administrator may establish the entrance grade for scientific and engineering personnel without previous service in the Federal Government at a level up to 2 grades higher than the grade provided for such personnel under the General Schedule, and fix their compensation accordingly.

(c) Property.—In the performance of its functions, the Administration is authorized—

(1) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, aeronautical and space vehicles, quarters and related accommodations for employees and dependents of employees of the Administration, and such other real and personal property (including patents), or any interest therein, as the Administration deems necessary within and outside the continental United States;

(2) to acquire by lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in the District of Columbia for the use of the Administration for a period not to exceed 10 years without regard to section 8141 of title 40;

(3) to lease to others such real and personal property;

(4) to sell and otherwise dispose of real and personal property (including patents and rights thereunder) in accordance with the provisions of chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.); 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) Gifts.—In the performance of its functions, the Administration is authorized to accept unconditional gifts or donations of services, money, or property, real, personal, or mixed, tangible or intangible.

(e) Contracts, Leases, and Agreements.—In the performance of its functions, the Administration is authorized, without regard to subsections (a) and (b) of section 3324 of title 31, to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of its work and on such terms as it may deem appropriate, with any agency or instrumentality of the United States, or with any State, territory, or possession, or with any political subdivision thereof, or with any person, firm, association, corporation, or educational institution. To the maximum extent practicable and consistent with the accomplishment of the purpose of this chapter, such contracts, leases, agreements, and other transactions shall be allocated by the Administrator in a manner which will enable small-business concerns to participate equitably and proportionately in the conduct of the work of the Administration.

(f) Cooperation With Federal Agencies and Others.—In the performance of its functions, the Administration is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and on a similar basis to cooperate with other public and private agencies and instrumentalities in the use of services, equipment, and facilities. Each department and agency of the Federal Government shall cooperate fully with the Administration in making its services, equipment, personnel, and facilities available to the Administration, and any such department or agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, without reimbursement, aeronautical and space vehicles, and supplies and equipment other than administrative supplies or equipment.

(g) Advisory Committees.—In the performance of its functions, the Administration is authorized to appoint such advisory committees as may be appropriate for purposes of consultation and advice to the Administration.

(h) Offices and Procedures.—In the performance of its functions, the Administration is authorized to establish within the Administration such offices and procedures as may be appropriate to provide for the greatest possible coordination of its activities under this chapter with related scientific and other activities being carried on by other public and private agencies and organizations.

(i) Temporary or Intermittent Services of Experts or Consultants.—In the performance of its functions, the Administration is authorized to obtain services as provided by section 3109 of title 5, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under section 5376 of title 5.

(j) Aliens.—In the performance of its functions, the Administration is authorized, when determined by the Administrator to be necessary, and subject to such security investigations as the Administrator may determine to be appropriate, to employ aliens without regard to statutory provisions prohibiting payment of compensation to aliens.

(k) Concessions for Visitors' Facilities.—

(1) In general.—In the performance of its functions, the Administration is authorized to provide by concession, without regard to section 1302 of title 40, on such terms as the Administrator may deem to be appropriate and necessary to protect the concessioner against loss of the concessioner's investment in property (but not anticipated profits) resulting from the Administration's discretionary acts and decisions, for the construction, maintenance, and operation of all manner of facilities and equipment for visitors to the several installations of the Administration and, in connection therewith, to provide services incident to the dissemination of information concerning its activities to such visitors, without charge or with a reasonable charge therefor (with this authority being in addition to any other authority that the Administration may have to provide facilities, equipment, and services for visitors to its installations).

(2) Public notice and due consideration of proposals.—A concession agreement under this subsection may be negotiated with any qualified proposer following due consideration of all proposals received after reasonable public notice of the intention to contract.

(3) Reasonable opportunity for profit.—The concessioner shall be afforded a reasonable opportunity to make a profit commensurate with the capital invested and the obligations assumed. The consideration paid by the concessioner for the concession shall be based on the probable value of the opportunity and not on maximizing revenue to the United States.

(4) Records and access to records.—Each concession agreement shall specify the manner in which the concessioner's records are to be maintained, and shall provide for access to the records by the Administration and the Comptroller General of the United States for a period of 5 years after the close of the business year to which the records relate.

(5) Possessory interests.—A concessioner may be accorded a possessory interest, consisting of all incidents of ownership except legal title (which shall vest in the United States), in any structure, fixture, or improvement the concessioner constructs or locates upon land owned by the United States. With the approval of the Administration, such possessory interest may be assigned, transferred, encumbered, or relinquished by the concessioner, and, unless otherwise provided by contract, shall not be extinguished by the expiration or other termination of the concession and may not be taken for public use without just compensation.

(l) Detailing Members of Armed Services.—In the performance of its functions, the Administration is authorized, with the approval of the President, to enter into cooperative agreements under which members of the Army, Navy, Air Force, and Marine Corps may be detailed by the appropriate Secretary for services in the performance of functions under this chapter to the same extent as that to which they might be lawfully assigned in the Department of Defense.

(m) Claims Against the United States.—In the performance of its functions, the Administration is authorized—

(1) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $25,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from the conduct of the Administration's functions as specified in section 20112(a) of this title, where such claim is presented to the Administration in writing within 2 years after the accident or incident out of which the claim arises; and

(2) if the Administration considers that a claim in excess of $25,000 is meritorious and would otherwise be covered by this subsection, to report the facts and circumstances to Congress for its consideration.

(n) Identification of Government Astronauts.—For purposes of a license issued or transferred by the Secretary of Transportation under chapter 509 to launch a launch vehicle or to reenter a reentry vehicle carrying a government astronaut (as defined in section 50902), the Administration shall designate a government astronaut in accordance with requirements prescribed by the Administration.

(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.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
20113	42 U.S.C. 2473(c).	Pub. L. 85–568, title II, §203(c), formerly §203(b), July 29, 1958, 72 Stat. 429; Pub. L. 86–20, May 13, 1959, 73 Stat. 21; Pub. L. 86–481, §5, June 1, 1960, 74 Stat. 153; Pub. L. 87–367, title II, §206(a), Oct. 4, 1961, 75 Stat. 791; Pub. L. 87–584, §6, Aug. 14, 1962, 76 Stat. 384; Pub. L. 87–793, §1001(f), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–426, title III, §306(d), Aug. 14, 1964, 78 Stat. 429; Pub. L. 88–448, title IV, §402(a)(34), Aug. 10, 1964, 78 Stat. 495; Pub. L. 91–646, title II, §220(a)(2), Jan. 2, 1971, 84 Stat. 1903; Pub. L. 93–74, §6, July 23, 1973, 87 Stat. 174; Pub. L. 93–316, §6, June 22, 1974, 88 Stat. 243; renumbered §203(c), Pub. L. 93–409, §4, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 96–48, §6(a), Aug. 8, 1979, 93 Stat. 348; Pub. L. 108–201, §2(a), Feb. 24, 2004, 118 Stat. 461.

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

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.

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) Sense of Congress.—It is the sense of Congress that, when used appropriately, Space Act Agreements can provide significant value in furtherance of NASA [National Aeronautics and Space Administration]'s mission.

"(b) Funded Space Act Agreements.—To the extent appropriate, the Administrator [of the National Aeronautics and Space Administration] shall seek to maximize the value of contributions provided by other parties under a funded Space Act Agreement in order to advance NASA's mission.

"(c) Non-exclusivity.—

"(1) In general.—The Administrator shall, to the greatest extent practicable, issue each Space Act Agreement—

"(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) Exclusivity.—If the Administrator determines an exclusive arrangement is necessary, the Administrator shall, to the greatest extent practicable, issue the Space Act Agreement—

"(A) utilizing a competitive selection process when exclusive arrangements are necessary; and

"(B) pursuant to public announcements when exclusive arrangements are necessary.

"(d) Transparency.—The Administrator shall publicly disclose on the Administration's website and make available in a searchable format each Space Act Agreement, including an estimate of committed NASA resources and the expected benefits to agency objectives for each agreement, with appropriate redactions for proprietary, sensitive, or classified information, not later than 60 days after such agreement is signed by the parties.

"(e) Annual Reports.—

"(1) Requirement.—Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report on the use of Space Act Agreement authority by the Administration during the previous fiscal year.

"(2) Contents.—The report shall include for each Space Act Agreement in effect at the time of the report—

"(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) Anticipated agreements.—The report shall include a list of all anticipated reimbursable, non-reimbursable, and funded Space Act Agreements for the upcoming fiscal year.

"(4) Cumulative program benefits.—The report shall include, with respect to each Space Act Agreement covered by the report, a summary of—

"(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) Purchase of American-Made Equipment and Products.—In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act [see Tables for classification], it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products.

"(b) Notice to Recipients of Assistance.—In providing financial assistance under this Act, the Administrator [of the National Aeronautics and Space Administration] shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress."

Enhancement of Science and Mathematics Programs

Pub. L. 106–391, title III, §321, Oct. 30, 2000, 114 Stat. 1597, provided that:

"(a) Definitions.—In this section:

"(1) Educationally useful federal equipment.—The term 'educationally useful Federal equipment' means computers and related peripheral tools and research equipment that is appropriate for use in schools.

"(2) School.—The term 'school' means a public or private educational institution that serves any of the grades of kindergarten through grade 12.

"(b) Sense of the Congress.—

"(1) In general.—It is the sense of the Congress that the Administrator [of the National Aeronautics and Space Administration] should, to the greatest extent practicable and in a manner consistent with applicable Federal law (including Executive Order No. 12999 [40 U.S.C. 549 note]), donate educationally useful Federal equipment to schools in order to enhance the science and mathematics programs of those schools.

"(2) Reports.—Not later than 1 year after the date of the enactment of this Act [Oct. 30, 2000], and annually thereafter, the Administrator shall prepare and submit to Congress a report describing any donations of educationally useful Federal equipment to schools made during the period covered by the report."

¹ See References in Text note below.

§20114. Administration and Department of Defense coordination

(a) Advise and Consult.—The Administration and the Department of Defense, through the President, shall advise and consult with each other on all matters within their respective jurisdictions related to aeronautical and space activities and shall keep each other fully and currently informed with respect to such activities.

(b) Referral to the President.—If the Secretary of Defense concludes that any request, action, proposed action, or failure to act on the part of the Administrator is adverse to the responsibilities of the Department of Defense, or the Administrator concludes that any request, action, proposed action, or failure to act on the part of the Department of Defense is adverse to the responsibilities of the Administration, and the Administrator and the Secretary of Defense are unable to reach an agreement with respect to the matter, either the Administrator or the Secretary of Defense may refer the matter to the President for a decision (which shall be final).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3336.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Presidential Report.—The President shall transmit to Congress in May of each year a report, which shall include—

(1) a comprehensive description of the programmed activities and the accomplishments of all agencies of the United States in the field of aeronautics and space activities during the preceding fiscal year; and

(2) an evaluation of such activities and accomplishments in terms of the attainment of, or the failure to attain, the objectives described in section 20102(d) of this title.

(b) Recommendations for Additional Legislation.—Any report made under this section shall contain such recommendations for additional legislation as the Administrator or the President may consider necessary or desirable for the attainment of the objectives described in section 20102(d) of this title.

(c) Classified Information.—No information that has been classified for reasons of national security shall be included in any report made under this section, unless the information has been declassified by, or pursuant to authorization given by, the President.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Public Inspection.—Information obtained or developed by the Administrator in the performance of the Administrator's functions under this chapter shall be made available for public inspection, except information—

(1) authorized or required by Federal statute to be withheld;

(2) classified to protect the national security; or

(3) described in subsection (b).

(b) Special Handling of Trade Secret or Confidential Information.—

(1) In general.—The Administrator, for a period of up to 5 years after the development of information described in paragraph (2), may provide appropriate protections against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5.

(2) Information described.—Information referred to in paragraph (1) is information that results from activities conducted under an agreement entered into under subsections (e) and (f) of section 20113 of this title, and that would be a trade secret or commercial or financial information that is privileged or confidential under the meaning of section 552(b)(4) of title 5 if the information had been obtained from a non-Federal party participating in such an agreement.

(c) Committees of Congress.—Nothing in this chapter authorizes the withholding of information by the Administrator from the duly authorized committees of Congress.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Definitions.—In this section:

(1) Contract.—The term "contract" means any actual or proposed contract, agreement, understanding, or other arrangement, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder.

(2) Made.—The term "made", when used in relation to any invention, means the conception or first actual reduction to practice of such invention.

(3) Person.—The term "person" means any individual, partnership, corporation, association, institution, or other entity.

(b) Exclusive Property of United States.—

(1) In general.—An invention shall be the exclusive property of the United States if it is made in the performance of any work under any contract of the Administration, and the Administrator determines that—

(A) the person who made the invention was employed or assigned to perform research, development, or exploration work and the invention is related to the work the person was employed or assigned to perform, or was within the scope of the person's employment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Government facilities, equipment, materials, allocated funds, information proprietary to the Government, or services of Government employees during working hours; or

(B) the person who made the invention was not employed or assigned to perform research, development, or exploration work, but the invention is nevertheless related to the contract, or to the work or duties the person was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in subparagraph (A).

(2) Patent to united states.—If an invention is the exclusive property of the United States under paragraph (1), and if such invention is patentable, a patent therefor shall be issued to the United States upon application made by the Administrator, unless the Administrator waives all or any part of the rights of the United States to such invention in conformity with the provisions of subsection (g).

(c) Contract Provisions for Furnishing Reports of Inventions, Discoveries, Improvements, or Innovations.—Each contract entered into by the Administrator with any party for the performance of any work shall contain effective provisions under which the party shall furnish promptly to the Administrator a written report containing full and complete technical information concerning any invention, discovery, improvement, or innovation which may be made in the performance of any such work.

(d) Patent Application.—No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the "Director") to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration. Copies of each such statement and the application to which it relates shall be transmitted forthwith by the Director to the Administrator.

(e) Issuance of Patent to Applicant.—Upon any application as to which any such statement has been transmitted to the Administrator, the Director may, if the invention is patentable, issue a patent to the applicant unless the Administrator, within 90 days after receipt of the application and statement, requests that the patent be issued to the Administrator on behalf of the United States. If, within such time, the Administrator files such a request with the Director, the Director shall transmit notice thereof to the applicant, and shall issue such patent to the Administrator unless the applicant within 30 days after receipt of the notice requests a hearing before the Patent Trial and Appeal Board on the question whether the Administrator is entitled under this section to receive the patent. The Board may hear and determine, in accordance with rules and procedures established for interference and derivation cases, the question so presented, and its determination shall be subject to appeal by the applicant or by the Administrator to the United States Court of Appeals for the Federal Circuit in accordance with procedures governing appeals from decisions of the Patent Trial and Appeal Board in other proceedings.

(f) Subsequent Transfer of Patent in Case of False Representations.—Whenever a patent has been issued to an applicant in conformity with subsection (e), and the Administrator thereafter has reason to believe that the statement filed by the applicant in connection with the patent contained a false representation of a material fact, the Administrator, within 5 years after the date of issuance of the patent, may file with the Director a request for the transfer to the Administrator of title to the patent on the records of the Director. Notice of any such request shall be transmitted by the Director to the owner of record of the patent, and title to the patent shall be so transferred to the Administrator unless, within 30 days after receipt of notice, the owner of record requests a hearing before the Patent Trial and Appeal Board on the question whether any such false representation was contained in the statement filed in connection with the patent. The question shall be heard and determined, and the determination shall be subject to review, in the manner prescribed by subsection (e) for questions arising thereunder. A request made by the Administrator under this subsection for the transfer of title to a patent, and prosecution for the violation of any criminal statute, shall not be barred by the failure of the Administrator to make a request under subsection (e) for the issuance of the patent to the Administrator, or by any notice previously given by the Administrator stating that the Administrator had no objection to the issuance of the patent to the applicant.

(g) Waiver of Rights to Inventions.—Under such regulations in conformity with this subsection as the Administrator shall prescribe, the Administrator may waive all or any part of the rights of the United States under this section with respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any work required by any contract of the Administration if the Administrator determines that the interests of the United States will be served thereby. Any such waiver may be made upon such terms and under such conditions as the Administrator shall determine to be required for the protection of the interests of the United States. Each such waiver made with respect to any invention shall be subject to the reservation by the Administrator of an irrevocable, nonexclusive, nontransferable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States or any foreign government pursuant to any treaty or agreement with the United States. Each proposal for any waiver under this subsection shall be referred to an Inventions and Contributions Board which shall be established by the Administrator within the Administration. Such Board shall accord to each interested party an opportunity for hearing, and shall transmit to the Administrator its findings of fact with respect to such proposal and its recommendations for action to be taken with respect thereto.

(h) Protection of Title.—The Administrator is authorized to take all suitable and necessary steps to protect any invention or discovery to which the Administrator has title, and to require contractors or persons who retain title to inventions or discoveries under this section to protect the inventions or discoveries to which the Administration has or may acquire a license of use.

(i) Administration as Defense Agency.—The Administration shall be considered a defense agency of the United States for the purpose of chapter 17 of title 35.

(j) Objects Intended for Launch, Launched, or Assembled in Outer Space.—Any object intended for launch, launched, or assembled in outer space shall be considered a vehicle for the purpose of section 272 of title 35.

(k) Use or Manufacture of Patented Inventions Incorporated in Space Vehicles Launched for Persons Other Than United States.—The use or manufacture of any patented invention incorporated in a space vehicle launched by the United States Government for a person other than the United States shall not be considered to be a use or manufacture by or for the United States within the meaning of section 1498(a) of title 28, unless the Administration gives an express authorization or consent for such use or manufacture.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3339; Pub. L. 112–29, §7(d)(2), Sept. 16, 2011, 125 Stat. 315.)

Historical and Revision Notes

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) Applications.—Subject to the provisions of this section, the Administrator is authorized, on the Administrator's own initiative or on application of any person, to make a monetary award, in an amount and on terms the Administrator determines to be warranted, to any person (as defined by section 20135(a) of this title) for any scientific or technical contribution to the Administration which is determined by the Administrator to have significant value in the conduct of aeronautical and space activities. Each application made for such an award shall be referred to the Inventions and Contributions Board established under section 20135 of this title. Such Board shall accord to each applicant an opportunity for hearing on the application, and shall transmit to the Administrator its recommendation as to the terms of the award, if any, to be made to the applicant for the contribution. In determining the terms and conditions of an award the Administrator shall take into account—

(1) the value of the contribution to the United States;

(2) the aggregate amount of any sums which have been expended by the applicant for the development of the contribution;

(3) the amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) previously received by the applicant for or on account of the use of the contribution by the United States; and

(4) any other factors the Administrator determines to be material.

(b) Apportionment of Awards.—If more than one applicant under subsection (a) claims an interest in the same contribution, the Administrator shall ascertain and determine the respective interests of the applicants, and shall apportion any award to be made among the applicants in amounts the Administrator determines to be equitable.

(c) Surrender of Other Claims.—No award may be made under subsection (a) unless the applicant surrenders, by means the Administrator determines to be effective, all claims that the applicant may have to receive any compensation (other than the award made under this section) for the use of the contribution or any element thereof at any time by or on behalf of the United States, or by or on behalf of any foreign government pursuant to a treaty or agreement with the United States, within the United States or at any other place.

(d) Report and Waiting Period.—No award may be made under subsection (a) in an amount exceeding $100,000 unless the Administrator transmits to the appropriate committees of Congress a full and complete report concerning the amount and terms of, and the basis for, the proposed award, and a period of 30 calendar days of regular session of Congress expires after receipt of the report by the committees.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3342.)

Historical and Revision Notes

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) Exclusive Remedy.—The remedy against the United States provided by sections 1346(b) and 2672 of title 28, for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Administration in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of such person's duties or employment therein or therefor shall be exclusive of any other civil action or proceeding by reason of the same subject matter against such person (or the estate of such person) whose act or omission gave rise to the action or proceeding.

(b) Attorney General To Defend any Civil Action or Proceeding for Malpractice or Negligence.—The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person's immediate superior or to whomever was designated by the Administrator to receive such papers. Such person shall promptly furnish copies of the pleading and process therein to the United States Attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Administrator.

(c) Removal of Actions.—Upon a certification by the Attorney General that any person described in subsection (a) was acting in the scope of such person's duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28, and all references thereto. Should a district court of the United States determine, on a hearing on a motion to remand held before a trial on the merits, that the case so removed is one in which a remedy by suit within the meaning of subsection (a) is not available against the United States, the case shall be remanded to the State court.

(d) Compromise or Settlement of Claims.—The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect.

(e) Applicability of Other Provisions of Law.—For purposes of this section, the provisions of section 2680(h) of title 28 shall not apply to any cause of action arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations).

(f) Liability Insurance for Persons Assigned to Foreign Countries or Non-Federal Agencies.—The Administrator or the Administrator's designee may, to the extent that the Administrator or the designee deems appropriate, hold harmless or provide liability insurance for any person described in subsection (a) for damages for personal injury, including death, caused by such person's negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of such person's duties if such person is assigned to a foreign country or detailed for service with other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 2679(b) of title 28, for such damage or injury.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3343.)

Historical and Revision Notes

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) Definitions.—In this section:

(1) Space vehicle.—The term "space vehicle" means an object intended for launch, launched, or assembled in outer space, including the space shuttle and other components of a space transportation system, together with related equipment, devices, components, and parts.

(2) Third party.—The term "third party" means any person who may institute a claim against a user for death, bodily injury, or loss of or damage to property.

(3) User.—The term "user" includes anyone who enters into an agreement with the Administration for use of all or a portion of a space vehicle, who owns or provides property to be flown on a space vehicle, or who employs a person to be flown on a space vehicle.

(b) Authorization.—The Administration is authorized on such terms and to the extent it may deem appropriate to provide liability insurance for any user of a space vehicle to compensate all or a portion of claims by third parties for death, bodily injury, or loss of or damage to property resulting from activities carried on in connection with the launch, operations, or recovery of the space vehicle. Appropriations available to the Administration may be used to acquire such insurance, but such appropriations shall be reimbursed to the maximum extent practicable by the users under reimbursement policies established pursuant to section 20113 of this title.

(c) Indemnification.—Under such regulations in conformity with this section as the Administrator shall prescribe taking into account the availability, cost, and terms of liability insurance, any agreement between the Administration and a user of a space vehicle may provide that the United States will indemnify the user against claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss of or damage to property resulting from activities carried on in connection with the launch, operations, or recovery of the space vehicle, but only to the extent that such claims are not compensated by liability insurance of the user. Such indemnification may be limited to claims resulting from other than the actual negligence or willful misconduct of the user.

(d) Terms of Indemnification Agreement.—An agreement made under subsection (c) that provides indemnification must also provide for—

(1) notice to the United States of any claim or suit against the user for the death, bodily injury, or loss of or damage to the property; and

(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.

(e) Certification of Just and Reasonable Amount.—No payment may be made under subsection (c) unless the Administrator or the Administrator's designee certifies that the amount is just and reasonable.

(f) Payments.—Upon the approval by the Administrator, payments under subsection (c) may be made, at the Administrator's election, either from funds available for research and development not otherwise obligated or from funds appropriated for such payments.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3344.)

Historical and Revision Notes

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) Definitions.—In this section:

(1) Cooperating party.—The term "cooperating party" means any person who enters into an agreement with the Administration for the performance of cooperative scientific, aeronautical, or space activities to carry out the purposes of this chapter.

(2) Developer.—The term "developer" means a United States person (other than a natural person) who—

(A) is a party to an agreement with the Administration for the purpose of developing new technology for an experimental aerospace vehicle;

(B) owns or provides property to be flown or situated on that vehicle; or

(C) employs a natural person to be flown on that vehicle.

(3) Experimental aerospace vehicle.—The term "experimental aerospace vehicle" means an object intended to be flown in, or launched into, orbital or suborbital flight for the purpose of demonstrating technologies necessary for a reusable launch vehicle, developed under an agreement between the Administration and a developer.

(4) Related entity.—The term "related entity" includes a contractor or subcontractor at any tier, a supplier, a grantee, and an investigator or detailee.

(b) In General.—The Administrator may provide liability insurance for, or indemnification to, the developer of an experimental aerospace vehicle developed or used in execution of an agreement between the Administration and the developer.

(c) Terms and Conditions.—

(1) In general.—Except as otherwise provided in this section, the insurance and indemnification provided by the Administration under subsection (b) to a developer shall be provided on the same terms and conditions as insurance and indemnification is provided by the Administration under section 20138 of this title to the user of a space vehicle.

(2) Insurance.—

(A) In general.—A developer shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by—

(i) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with the development or use of an experimental aerospace vehicle; and

(ii) the United States Government for damage or loss to Government property resulting from such an activity.

(B) Maximum required.—The Administrator shall determine the amount of insurance required, but, except as provided in subparagraph (C), that amount shall not be greater than the amount required under section 50914(a)(3) of this title for a launch. The Administrator shall publish notice of the Administrator's determination and the applicable amount or amounts in the Federal Register within 10 days after making the determination.

(C) Increase in dollar amounts.—The Administrator may increase the dollar amounts set forth in section 50914(a)(3)(A) of this title for the purpose of applying that section under this section to a developer after consultation with the Comptroller General and such experts and consultants as may be appropriate, and after publishing notice of the increase in the Federal Register not less than 180 days before the increase goes into effect. The Administrator shall make available for public inspection, not later than the date of publication of such notice, a complete record of any correspondence received by the Administration, and a transcript of any meetings in which the Administration participated, regarding the proposed increase.

(D) Safety review required before administrator provides insurance.—The Administrator may not provide liability insurance or indemnification under subsection (b) unless the developer establishes to the satisfaction of the Administrator that appropriate safety procedures and practices are being followed in the development of the experimental aerospace vehicle.

(3) No indemnification without cross-waiver.—Notwithstanding subsection (b), the Administrator may not indemnify a developer of an experimental aerospace vehicle under this section unless there is an agreement between the Administration and the developer described in subsection (d).

(4) Application of certain procedures.—If the Administrator requests additional appropriations to make payments under this section, like the payments that may be made under section 20138(c) of this title, then the request for those appropriations shall be made in accordance with the procedures established by subsections (d) and (e) of section 50915 of this title.

(d) Cross-Waivers.—

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

(2) Limitations.—

(A) Claims.—A reciprocal waiver under paragraph (1) may not preclude a claim by any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, the cooperating party, or their respective subcontractors) or that natural person's estate, survivors, or subrogees for injury or death, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.

(B) Liability for negligence.—A reciprocal waiver under paragraph (1) may not absolve any party of liability to any natural person (including, but not limited to, a natural person who is an employee of the United States, the developer, the cooperating party, or their respective subcontractors) or such a natural person's estate, survivors, or subrogees for negligence, except with respect to a subrogee that is a party to the waiver or has otherwise agreed to be bound by the terms of the waiver.

(C) Indemnification for damages.—A reciprocal waiver under paragraph (1) may not be used as the basis of a claim by the Administration, or the developer or cooperating party, for indemnification against the other for damages paid to a natural person, or that natural person's estate, survivors, or subrogees, for injury or death sustained by that natural person as a result of activities connected to the agreement or use of the experimental aerospace vehicle.

(D) Willful misconduct.—A reciprocal waiver under paragraph (1) may not relieve the United States, the developer, the cooperating party, or the related entities of the developer or cooperating party, of liability for damage or loss resulting from willful misconduct.

(3) Effect on previous waivers.—This subsection applies to any waiver of claims entered into by the Administration without regard to the date on which the Administration entered into the waiver.

(e) Relationship to Other Laws.—

(1) Section 20138.—This section does not apply to any object, transaction, or operation to which section 20138 of this title applies.

(2) Section 50919(g)(1).—The Administrator may not provide indemnification to a developer under this section for launches subject to license under section 50919(g)(1) of this title.

(f) Termination.—

(1) In general.—The provisions of this section shall terminate on December 31, 2010.

(2) Effect of termination on agreement.—The termination of this section shall not terminate or otherwise affect any cross-waiver agreement, insurance agreement, indemnification agreement, or other agreement entered into under this section, except as may be provided in that agreement.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3345.)

Historical and Revision Notes

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) Authorization.—

(1) In general.—There are authorized to be appropriated such sums as may be necessary to carry out this chapter, except that nothing in this chapter shall authorize the appropriation of any amount for—

(A) the acquisition or condemnation of any real property; or

(B) any other item of a capital nature (such as plant or facility acquisition, construction, or expansion) which exceeds $250,000.

(2) Availability.—Sums appropriated pursuant to this subsection for the construction of facilities, or for research and development activities, shall remain available until expended.

(b) Use of Funds for Emergency Repairs of Existing Facilities.—Any funds appropriated for the construction of facilities may be used for emergency repairs of existing facilities when such existing facilities are made inoperative by major breakdown, accident, or other circumstances and such repairs are deemed by the Administrator to be of greater urgency than the construction of new facilities.

(c) Termination.—Notwithstanding any other provision of law, the authorization of any appropriation to the Administration shall expire (unless an earlier expiration is specifically provided) at the close of the third fiscal year following the fiscal year in which the authorization was enacted, to the extent that such appropriation has not theretofore actually been made.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3347.)

Historical and Revision Notes

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) In General.—No person (as defined by section 20135(a) of this title) may knowingly use the words "National Aeronautics and Space Administration" or the letters "NASA", or any combination, variation, or colorable imitation of those words or letters either alone or in combination with other words or letters—

(1) as a firm or business name in a manner reasonably calculated to convey the impression that the firm or business has some connection with, endorsement of, or authorization from, the Administration which does not, in fact, exist; or

(2) in connection with any product or service being offered or made available to the public in a manner reasonably calculated to convey the impression that the product or service has the authorization, support, sponsorship, or endorsement of, or the development, use, or manufacture by or on behalf of the Administration which does not, in fact, exist.

(b) Civil Proceeding To Enjoin.—Whenever it appears to the Attorney General that any person is engaged in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)

Historical and Revision Notes

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) Commitments Beyond Available Appropriations.—The Administrator may enter into contracts for expendable launch vehicle services that are for periods in excess of the period for which funds are otherwise available for obligation, provide for the payment for contingent liability which may accrue in excess of available appropriations in the event the Federal Government for its convenience terminates such contracts, and provide for advance payments reasonably related to launch vehicle and related equipment, fabrication, and acquisition costs, if any such contract limits the amount of the payments that the Government is allowed to make under such contract to amounts provided in advance in appropriation Acts. Such contracts may be limited to sources within the United States when the Administrator determines that such limitation is in the public interest.

(b) Termination if Funds Not Available.—If funds are not available to continue any such contract, the contract shall be terminated for the convenience of the Government, and the costs of such contract shall be paid from appropriations originally available for performance of the contract, from other unobligated appropriations currently available for the procurement of launch services, or from funds appropriated for such payments.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)

Historical and Revision Notes

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) Accounts for Appropriations.—

(1) Designation of 3 accounts.—Appropriations for the Administration shall be made in 3 accounts, "Science, Aeronautics, and Education", "Exploration Systems and Space Operations", and an account for amounts appropriated for the necessary expenses of the Office of the Inspector General.

(2) Reprogramming.—Within the Exploration Systems and Space Operations account, no more than 10 percent of the funds for a fiscal year for Exploration Systems may be reprogrammed for Space Operations, and no more than 10 percent of the funds for a fiscal year for Space Operations may be reprogrammed for Exploration Systems. This paragraph shall not apply to reprogramming for the purposes described in subsection (b)(2).

(3) Availability.—Appropriations shall remain available for 2 fiscal years, unless otherwise specified in law. Each account shall include the planned full costs of Administration activities.

(b) Transfers Among Accounts.—

(1) In general.—To ensure the safe, timely, and successful accomplishment of Administration missions, the Administration may transfer among accounts as necessary, amounts for—

(A) Federal salaries and benefits;

(B) training, travel, and awards;

(C) facility and related costs;

(D) information technology services;

(E) publishing services;

(F) science, engineering, fabricating, and testing services; and

(G) other administrative services.

(2) Disaster, act of terrorism, emergency rescue.—The Administration may also transfer amounts among accounts for the immediate costs of recovering from damage caused by a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) or by an act of terrorism, or for the immediate costs associated with an emergency rescue of astronauts.

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3349.)

Historical and Revision Notes

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) Notice of Reprogramming.—If any funds authorized by this Act [see Tables for classification] are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

"(b) Notice of Reorganization.—The Administrator [of the National Aeronautics and Space Administration] shall provide notice to the Committees on Science [now Science, Space, and Technology] and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 30 days before any major reorganization of any program, project, or activity of the National Aeronautics and Space Administration."

§20144. Prize authority

(a) In General.—The Administration may carry out a program to competitively award cash prizes to stimulate innovation in basic and applied research, technology development, and prototype demonstration that have the potential for application to the performance of the space and aeronautical activities of the Administration. The Administration may carry out a program to award prizes only in conformity with this section.

(b) Topics.—In selecting topics for prize competitions, the Administrator shall consult widely both within and outside the Federal Government, and may empanel advisory committees. The Administrator shall give consideration to prize goals such as the demonstration of the ability to provide energy to the lunar surface from space-based solar power systems, demonstration of innovative near-Earth object survey and deflection strategies, and innovative approaches to improving the safety and efficiency of aviation systems.

(c) Advertising.—The Administrator shall widely advertise prize competitions to encourage participation.

(d) Requirements and Registration.—For each prize competition, the Administrator shall publish a notice in the Federal Register announcing the subject of the competition, the rules for being eligible to participate in the competition, the amount of the prize, and the basis on which a winner will be selected.

(e) Eligibility.—To be eligible to win a prize under this section, an individual or entity—

(1) shall have registered to participate in the competition pursuant to any rules promulgated by the Administrator under subsection (d);

(2) shall have complied with all the requirements under this section;

(3) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and

(4) shall not be a Federal entity or Federal employee acting within the scope of their employment.

(f) Liability.—

(1) Assumption of risk.—Registered participants must agree to assume any and all risks and waive claims against the Federal Government and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from their participation in a competition, whether such injury, death, damage, or loss arises through negligence or otherwise. For the purposes of this paragraph, the term "related entity" means a contractor or subcontractor at any tier, and a supplier, user, customer, cooperating party, grantee, investigator, or detailee.

(2) Liability insurance.—Participants must obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Administrator, for claims by—

(A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant's insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and

(B) the Federal Government for damage or loss to Government property resulting from such an activity.

(g) Judges.—For each competition, the Administration, either directly or through an agreement under subsection (h), shall assemble a panel of qualified judges to select the winner or winners of the prize competition on the basis described pursuant to subsection (d). Judges for each competition shall include individuals from outside the Administration, including from the private sector. A judge may not—

(1) have personal or financial interests in, or be an employee, officer, director, or agent of any entity that is a registered participant in a competition; or

(2) have a familial or financial relationship with an individual who is a registered participant.

(h) Administering the Competition.—The Administrator may enter into an agreement with a private, nonprofit entity to administer the prize competition, subject to the provisions of this section.

(i) Funding.—

(1) Sources.—Prizes under this section may consist of Federal appropriated funds and funds provided by the private sector for such cash prizes. The Administrator may accept funds from other Federal agencies for such cash prizes. The Administrator may not give any special consideration to any private sector entity in return for a donation.

(2) Availability.—

(A) Definition of provisions known as the anti-deficiency act.—In this paragraph, the term "provisions known as the Anti-Deficiency Act" means sections 1341, 1342, 1349(a), 1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, and 1519 of title 31.

(B) In general.—Notwithstanding any other provision of law, funds appropriated for prize awards under this section shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated. No provision in this section permits obligation or payment of funds in violation of the provisions known as the Anti-Deficiency Act.

(3) Appropriation or commitment of funds required before announcement of prize or increase.—

(A) In general.—No prize may be announced under subsection (d) until all the funds needed to pay out the announced amount of the prize have been appropriated or committed in writing by a private source.

(B) Increase.—The Administrator may increase the amount of a prize after an initial announcement is made under subsection (d) if—

(i) notice of the increase is provided in the same manner as the initial notice of the prize; and

(ii) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by a private source.

(4) Notice to committees for prize greater than $50,000,000.—No prize competition under this section may offer a prize in an amount greater than $50,000,000 unless 30 days have elapsed after written notice has been transmitted to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(5) Approval of administrator for prize greater than $1,000,000.—No prize competition under this section may result in the award of more than $1,000,000 in cash prizes without the approval of the Administrator.

(j) Use of Administration Name or Insignia.—A registered participant in a competition under this section may use the Administration's name, initials, or insignia only after prior review and written approval by the Administration.

(k) Compliance With Existing Law.—The Federal Government shall not, by virtue of offering or providing a prize under this section, be responsible for compliance by registered participants in a prize competition with Federal law, including licensing, export control, and non-proliferation laws, and related regulations.

(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."

Historical and Revision Notes

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. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2419, provided in part 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. 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) In General.—The Administrator may enter into a lease under this section with any person or entity (including another department or agency of the Federal Government or an entity of a State or local government) with regard to any non-excess real property and related personal property under the jurisdiction of the Administrator.

(b) Cash Consideration.—

(1) Fair market value.—(A) A person or entity entering into a lease under this section shall provide cash consideration for the lease at fair market value as determined by the Administrator.

(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) Utilization.—

(A) In general.—The Administrator may utilize amounts of cash consideration received under this subsection for a lease entered into under this section to cover the full costs to the Administration in connection with the lease. These funds shall remain available until expended.

(B) Capital revitalization and improvements.—Of any amounts of cash consideration received under this subsection that are not utilized in accordance with subparagraph (A)—

(i) 35 percent shall be deposited in a capital asset account to be established by the Administrator, shall be available for maintenance, capital revitalization, and improvements of the real property assets and related personal property under the jurisdiction of the Administrator, and shall remain available until expended; and

(ii) the remaining 65 percent shall be available to the respective center or facility of the Administration engaged in the lease of nonexcess real property, and shall remain available until expended for maintenance, capital revitalization, and improvements of the real property assets and related personal property at the respective center or facility subject to the concurrence of the Administrator.

(C) No utilization for daily operating costs.—Amounts utilized under subparagraph (B) may not be utilized for daily operating costs.

(c) Additional Terms and Conditions.—The Administrator may require such terms and conditions in connection with a lease under this section as the Administrator considers appropriate to protect the interests of the United States.

(d) Relationship to Other Lease Authority.—The authority under this section to lease property of the Administration is in addition to any other authority to lease property of the Administration under law.

(e) Lease Restrictions.—

(1) No lease back or other contract.—The Administration is not authorized to lease back property under this section during the term of the out-lease or enter into other contracts with the lessee respecting the property.

(2) Certification that out-lease will not have negative impact on mission.—The Administration is not authorized to enter into an out-lease under this section unless the Administrator certifies that the out-lease will not have a negative impact on the mission of the Administration.

(f) Reporting Requirements.—The Administrator shall submit an annual report by January 31st of each year. The report shall include the following:

(1) Value of arrangements and expenditures of revenues.—Information that identifies and quantifies the value of the arrangements and expenditures of revenues received under this section.

(2) Availability and use of funds for operating plan.—The availability and use of funds received under this section for the Administration's operating plan.

(g) Sunset.—The authority to enter into leases under this section shall expire December 31, 2021. The expiration under this subsection of authority to enter into leases under this section shall not affect the validity or term of leases or the Administration's retention of proceeds from leases entered into under this section before the expiration of the authority.

(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.)

Historical and Revision Notes

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

Amendments

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

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 'National Aeronautics and Space Administration' and 'construction and environmental compliance and restoration' of title III of div. B of Pub. L. 113–6]: Provided further, That such proceeds shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts".

Similar provisions were contained in the following appropriation acts:

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) Definition of State.—In this section, the term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

(b) Relinquishing Legislative Jurisdiction.—Notwithstanding any other provision of law, the Administrator may relinquish to a State all or part of the legislative jurisdiction of the United States over lands or interests under the control of the Administrator in that State.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)

Historical and Revision Notes

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) Definitions.—In this section:

(1) Administration human space flight vehicle.—The term "Administration human space flight vehicle" means a space vehicle, as defined in section 20138(a) of this title, that—

(A) is intended to transport one or more persons;

(B) is designed to operate in outer space; and

(C) is either—

(i) owned by the Administration; or

(ii) owned by an Administration contractor or cooperating party and operated as part of an Administration mission or a joint mission with the Administration.

(2) Crewmember.—The term "crewmember" means an astronaut or other person assigned to an Administration human space flight vehicle.

(b) Control of Remains.—

(1) In general.—Subject to paragraphs (2) and (3), when there is an accident or mishap resulting in the death of a crewmember of an Administration human space flight vehicle, the Administrator may take control over the remains of the crewmember and order autopsies and other scientific or medical tests.

(2) Treatment.—Each crewmember shall provide the Administrator with the crewmember's preferences regarding the treatment accorded to the crewmember's remains and the Administrator shall, to the extent possible, respect those stated preferences.

(3) Construction.—This section shall not be construed to permit the Administrator to interfere with any Federal investigation of a mishap or accident.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)

Historical and Revision Notes

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) In General.—Under such regulations in conformity with this section as the Administrator shall prescribe taking into account the availability, cost, and terms of liability insurance, any contract between the Administration and a provider may provide that the United States will indemnify the provider against successful claims (including reasonable expenses of litigation or settlement) by third parties for death, bodily injury, or loss of or damage to property resulting from launch services and reentry services carried out under the contract that the contract defines as unusually hazardous or nuclear in nature, but only to the extent the total amount of successful claims related to the activities under the contract—

(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) Terms of Indemnification.—A contract made under subsection (a) that provides indemnification shall provide for—

(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) Liability Insurance of the Provider.—

(1) In general.—The provider under subsection (a) shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by—

(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) Maximum probable losses.—

(A) In general.—The Administrator shall determine the maximum probable losses under subparagraphs (A) and (B) of paragraph (1) not later than 90 days after the date that the provider requests such a determination and submits all information the Administrator requires.

(B) Revisions.—The Administrator may revise a determination under subparagraph (A) of this paragraph if the Administrator determines the revision is warranted based on new information.

(3) Amount of insurance.—For the total claims related to one launch or reentry, a provider shall not be required to obtain insurance or demonstrate financial responsibility of more than—

(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) Coverage.—An insurance policy or demonstration of financial responsibility under this subsection shall protect the following, to the extent of their potential liability for involvement in launch services or reentry services:

(A) The Government.

(B) Personnel of the Government.

(C) Related entities of the Government.

(D) Related entities of the provider.

(E) Government astronauts.

(d) No Indemnification Without Cross-waiver.—Notwithstanding subsection (a), the Administrator may not indemnify a provider under this section unless there is a cross-waiver between the Administration and the provider as described in subsection (e).

(e) Cross-Waivers.—

(1) In general.—The Administrator, on behalf of the United States and its departments, agencies, and instrumentalities, shall reciprocally waive claims with a provider under which each party to the waiver agrees to be responsible, and agrees to ensure that its related entities are responsible, for damage or loss to its property, or for losses resulting from any injury or death sustained by its employees or agents, as a result of activities arising out of the performance of the contract.

(2) Limitation.—The waiver made by the Government under paragraph (1) shall apply only to the extent that the claims are more than the amount of insurance or demonstration of financial responsibility required under subsection (c)(1)(B).

(f) Willful Misconduct.—Indemnification under subsection (a) may exclude claims resulting from the willful misconduct of the provider or its related entities.

(g) Certification of Just and Reasonable Amount.—No payment may be made under subsection (a) unless the Administrator or the Administrator's designee certifies that the amount is just and reasonable.

(h) Payments.—

(1) In general.—Upon the approval by the Administrator, payments under subsection (a) may be made from funds appropriated for such payments.

(2) Limitation.—The Administrator shall not approve payments under paragraph (1), except to the extent provided in an appropriation law or to the extent additional legislative authority is enacted providing for such payments.

(3) Additional appropriations.—If the Administrator requests additional appropriations to make payments under this subsection, then the request for those appropriations shall be made in accordance with the procedures established under section 50915.

(i) Rules of Construction.—

(1) In general.—The authority to indemnify under this section shall not create any rights in third persons that would not otherwise exist by law.

(2) Other authority.—Nothing in this section may be construed as prohibiting the Administrator from indemnifying a provider or any other NASA contractor under other law, including under Public Law 85–804 (50 U.S.C. 1431 et seq.).

(3) Anti-deficiency act.—Notwithstanding any other provision of this section—

(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) Relationship to Other Laws.—The Administrator may not provide indemnification under this section for an activity that requires a license or permit under chapter 509.

(k) Definitions.—In this section:

(1) Government astronaut.—The term "government astronaut" has the meaning given the term in section 50902.

(2) Launch services.—The term "launch services" has the meaning given the term in section 50902.

(3) Provider.—The term "provider" means a person that provides domestic launch services or domestic reentry services to the Government.

(4) Reentry services.—The term "reentry services" has the meaning given the term in section 50902.

(5) Related entity.—The term "related entity" means a contractor or subcontractor.

(6) Third party.—The term "third party" means a person except—

(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) In General.—Notwithstanding any other provision of law, the Administrator may provide for—

(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) Requirements.—

(1) No cost sharing.—The medical monitoring, diagnosis, or treatment described in subsection (a) shall be provided without any deductible, copayment, or other cost sharing obligation.

(2) Access to local services.—The medical monitoring, diagnosis, and treatment described in subsection (a) may be provided by a local health care provider if it is unadvisable due to the health of the applicable former United States government astronaut or former payload specialist for that former United States government astronaut or former payload specialist to travel to the Lyndon B. Johnson Space Center, as determined by the Administrator.

(3) Secondary payment.—Payment or reimbursement for the medical monitoring, diagnosis, or treatment described in subsection (a) shall be secondary to any obligation of the United States Government or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment. Any costs for items and services that may be provided by the Administrator for medical monitoring, diagnosis, or treatment under subsection (a) that are not paid for or provided under such other provision of law or contractual agreement, due to the application of deductibles, copayments, coinsurance, other cost sharing, or otherwise, are reimbursable by the Administrator on behalf of the former United States government astronaut or former payload specialist involved to the extent such items or services are authorized to be provided by the Administrator for such medical monitoring, diagnosis, or treatment under subsection (a).

(4) Conditional payment.—The Administrator may provide for conditional payments for or provide medical monitoring, diagnosis, or treatment described in subsection (a) that is obligated to be paid for or provided by the United States or any third party under any other provision of law or contractual agreement to pay for or provide such medical monitoring, diagnosis, or treatment if—

(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) Exclusions.—The Administrator may not—

(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) Privacy.—Consistent with applicable provisions of Federal law relating to privacy, the Administrator shall protect the privacy of all medical records generated under subsection (a) and accessible to the Administration.

(e) Regulations.—The Administrator shall promulgate such regulations as are necessary to carry out this section.

(f) Definition of United States Government Astronaut.—In this section, the term "United States government astronaut" has the meaning given the term "government astronaut" in section 50902, except it does not include an individual who is an international partner astronaut.

(g) Data Use and Disclosure.—The Administrator may use or disclose data acquired in the course of medical monitoring, diagnosis, or treatment of a former United States government astronaut or a former payload specialist under subsection (a), in accordance with subsection (d). Former United States government astronaut or former payload specialist participation in medical monitoring, diagnosis, or treatment under subsection (a) shall constitute consent for the Administrator to use or disclose such data.

(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) In general.—Each fiscal year, not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code, the Administrator [of the National Aeronautics and Space Administration] shall publish a report, in accordance with applicable Federal privacy laws, on the activities of the Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code.

"(2) Contents.—Each report under paragraph (1) shall include a detailed cost accounting of the Administration's activities under section 20149 of title 51, United States Code, and a 5-year budget estimate.

"(3) Submission to congress.—The Administrator shall submit to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] each report under paragraph (1) not later than the date of submission of the President's annual budget request for that fiscal year under section 1105 of title 31, United States Code."

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) Purpose.—The purpose of this subchapter is to authorize and direct the Administration to develop and carry out a comprehensive program of research, technology, and monitoring of the phenomena of the upper atmosphere so as to provide for an understanding of and to maintain the chemical and physical integrity of the Earth's upper atmosphere.

(b) Policy.—Congress declares that it is the policy of the United States to undertake an immediate and appropriate research, technology, and monitoring program that will provide for understanding the physics and chemistry of the Earth's upper atmosphere.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) In General.—In order to carry out the purposes of this subchapter, the Administration, in cooperation with other Federal agencies, shall initiate and carry out a program of research, technology, monitoring, and other appropriate activities directed to understand the physics and chemistry of the upper atmosphere.

(b) Activities.—In carrying out the provisions of this subchapter, the Administration shall—

(1) arrange for participation by the scientific and engineering community, of both the Nation's industrial organizations and institutions of higher education, in planning and carrying out appropriate research, in developing necessary technology, and in making necessary observations and measurements;

(2) provide, by way of grant, contract, scholarships, or other arrangements, to the maximum extent practicable and consistent with other laws, for the widest practicable and appropriate participation of the scientific and engineering community in the program authorized by this subchapter; and

(3) make all results of the program authorized by this subchapter available to the appropriate regulatory agencies and provide for the widest practicable dissemination of such results.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Programs.—The Administrator shall ensure that the Administration carries out a balanced set of programs that shall include, at a minimum, programs in—

(1) human space flight, in accordance with section 20302 of this title;

(2) aeronautics research and development; and

(3) scientific research, which shall include, at a minimum—

(A) robotic missions to study the Moon and other planets and their moons, and to deepen understanding of astronomy, astrophysics, and other areas of science that can be productively studied from space;

(B) Earth science research and research on the Sun-Earth connection through the development and operation of research satellites and other means;

(C) support of university research in space science, Earth science, and microgravity science; and

(D) research on microgravity, including research that is not directly related to human exploration.

(b) Consultation and Coordination.—In carrying out the programs of the Administration, the Administrator shall—

(1) consult and coordinate to the extent appropriate with other relevant Federal agencies, including through the National Science and Technology Council;

(2) work closely with the private sector, including by—

(A) encouraging the work of entrepreneurs who are seeking to develop new means to launch satellites, crew, or cargo;

(B) contracting with the private sector for crew and cargo services, including to the International Space Station, to the extent practicable;

(C) using commercially available products (including software) and services to the extent practicable to support all Administration activities; and

(D) encouraging commercial use and development of space to the greatest extent practicable; and

(3) involve other nations to the extent appropriate.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3355.)

Historical and Revision Notes

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

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: "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, provided that:

"(a) Findings.—Congress makes the following findings:

"(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) Space Launch System.—

"(1) Sense of congress.—It is the sense of Congress that use of the Space Launch System and Orion, with contributions from partnerships with the private sector, academia, and the international community, is the most practical approach to reaching the Moon, Mars, and beyond.

"(2) Reaffirmation.—Congress reaffirms the policy and minimum capability requirements for the Space Launch System under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322).

"(c) Sense of Congress on Space Launch System, Orion, and Exploration Ground Systems.—It is the sense of Congress that—

"(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, EM–1, planned for 2018, followed by the crewed mission, EM–2, in cis-lunar space planned for 2021, and for subsequent missions beginning with EM–3 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) In General.—The Administrator shall continue the development of the fully integrated Space Launch System, including an upper stage needed to go beyond low-Earth orbit, in order to safely enable human space exploration of the Moon, Mars, and beyond over the course of the next century as required in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)).

"(e) Report.—

"(1) In general.—Not later than 60 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator shall submit to the appropriate committees of Congress a report addressing the ability of Orion to meet the needs and the minimum capability requirements described in section 303(b)(3) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323(b)(3)).

"(2) Contents.—The report shall detail—

"(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) Exploration Missions.—The Administrator shall continue development of—

"(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 EM–3 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) Other Uses.—The Administrator shall assess the utility of the Space Launch System for use by the science community and for other Federal Government launch needs, including consideration of overall cost and schedule savings from reduced transit times and increased science returns enabled by the unique capabilities of the Space Launch System.

"(h) Utilization Report.—

"(1) In general.—The Administrator, in consultation with the Secretary of Defense and the Director of National Intelligence, shall prepare a report that addresses the effort and budget required to enable and utilize a cargo variant of the 130-ton Space Launch System configuration described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)).

"(2) Contents.—In preparing the report, the Administrator shall—

"(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) Submission to congress.—Not later than 180 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator shall submit the report to the appropriate committees 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) Sense of Congress on Science Portfolio.—Congress reaffirms the sense of Congress that—

"(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) Policy.—It is the policy of the United States to ensure, to the extent practicable, a steady cadence of large, medium, and small science missions."

Planetary Science

Pub. L. 115–10, title V, §502, Mar. 21, 2017, 131 Stat. 48, provided that:

"(a) Findings.—Congress finds that—

"(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) Mission Priorities.—

"(1) In general.—In accordance with the priorities established in the most recent Planetary Science Decadal Survey, the Administrator [of the National Aeronautics and Space Administration] shall ensure, to the greatest extent practicable, the completion of a balanced set of Discovery, New Frontiers, and Flagship missions at the cadence recommended by the most recent Planetary Science Decadal Survey.

"(2) Mission priority adjustments.—Consistent with the set of missions described in paragraph (1), and while maintaining the continuity of scientific data and steady development of capabilities and technologies, the Administrator may seek, if necessary, adjustments to mission priorities, schedule, and scope in light of changing budget projections."

Extrasolar Planet Exploration Strategy

Pub. L. 115–10, title V, §508, Mar. 21, 2017, 131 Stat. 50, provided that:

"(a) Strategy.—

"(1) In general.—The Administrator [of the National Aeronautics and Space Administration] shall enter into an arrangement with the National Academies to develop a science strategy for the study and exploration of extrasolar planets, including the use of the Transiting Exoplanet Survey Satellite, the James Webb Space Telescope, a potential Wide-Field Infrared Survey Telescope mission, or any other telescope, spacecraft, or instrument, as appropriate.

"(2) Requirements.—The strategy shall—

"(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) Use of Strategy.—The Administrator shall use the strategy—

"(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) Report to Congress.—Not later than 18 months after the date of enactment of this Act [Mar. 21, 2017], the National Academies shall submit to the Administrator and to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report containing the strategy developed under subsection (a)."

Astrobiology Strategy

Pub. L. 115–10, title V, §509, Mar. 21, 2017, 131 Stat. 50, provided that:

"(a) Strategy.—

"(1) In general.—The Administrator [of the National Aeronautics and Space Administration] shall enter into an arrangement with the National Academies to develop a science strategy for astrobiology that would outline key scientific questions, identify the most promising research in the field, and indicate the extent to which the mission priorities in existing decadal surveys address the search for life's origin, evolution, distribution, and future in the Universe.

"(2) Recommendations.—The strategy shall include recommendations for coordination with international partners.

"(b) Use of Strategy.—The Administrator shall use the strategy developed under subsection (a) in planning and funding research and other activities and initiatives in the field of astrobiology.

"(c) Report to Congress.—Not later than 18 months after the date of enactment of this Act [Mar. 21, 2017], the National Academies shall submit to the Administrator and to the appropriate committees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate] a report containing the strategy developed under subsection (a)."

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) Sense of Congress on Space Technology.—It is the sense of Congress that space technology is critical—

"(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) Sense of Congress on Propulsion Technology.—It is the sense of Congress that advancing propulsion technology would improve the efficiency of trips to Mars and could shorten travel time to Mars, reduce astronaut health risks, and reduce radiation exposure, consumables, and mass of materials required for the journey.

"(c) Policy.—It is the policy of the United States that the Administrator [of the National Aeronautics and Space Administration] shall develop technologies to support the Administration's core missions, as described in section 2(3) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301(3)), and support sustained investments in early stage innovation, fundamental research, and technologies to expand the boundaries of the national aerospace enterprise.

"(d) Propulsion Technologies.—A goal of propulsion technologies developed under subsection (c) shall be to significantly reduce human travel time to Mars.

"SEC. 702. SPACE TECHNOLOGY PROGRAM.

"(a) Space Technology Program Authorized.—The Administrator [of the National Aeronautics and Space Administration] shall conduct a space technology program (referred to in this section as the 'Program') to research and develop advanced space technologies that could deliver innovative solutions across the Administration [National Aeronautics and Space Administration]'s space exploration and science missions.

"(b) Considerations.—In conducting the Program, the Administrator shall consider—

"(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) Requirements.—In conducting the Program, the Administrator shall—

"(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) Small Business Programs.—The Administrator shall organize and manage the Administration's Small Business Innovation Research Program and Small Business Technology Transfer Program within the Program.

"(e) Nonduplication Certification.—The Administrator shall submit a budget for each fiscal year, as transmitted to Congress under section 1105(a) of title 31, United States Code, that avoids duplication of projects, programs, or missions conducted by [the] Program with other projects, programs, or missions conducted by another office or directorate of the Administration.

"(f) Collaboration, Coordination, and Alignment.—

"(1) In general.—The Administrator shall—

"(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) Sense of congress.—It is the sense of Congress that projects, programs, and missions being conducted by the Human Exploration and Operations Mission Directorate in support of research and development of advanced space technologies and systems focusing on human space exploration should continue in that Directorate.

"(g) Report.—Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the appropriate committees of Congress a report—

"(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) Annual Report.—The Administrator shall include in the Administration's annual budget request for each fiscal year the rationale for assigning organizational responsibility for, in the year prior to the budget fiscal year, each initiated project, program, and mission focused on research and development of advanced technologies for human space exploration."

§20302. Vision for space exploration

(a) In General.—The Administrator shall establish a program to develop a sustained human presence in cis-lunar space or on the Moon, including a robust precursor program, to promote exploration, science, commerce, and United States preeminence in space, and as a stepping-stone to future exploration of Mars and other destinations. The Administrator is further authorized to develop and conduct appropriate international collaborations in pursuit of these goals.

(b) Future Exploration of Mars.—The Administrator shall manage human space flight programs, including the Space Launch System and Orion, to enable humans to explore Mars and other destinations by defining a series of sustainable steps and conducting mission planning, research, and technology development on a timetable that is technically and fiscally possible, consistent with section 70504.

(c) Definitions.—In this section:

(1) Orion.—The term "Orion" means the multipurpose crew vehicle described under section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18323).

(2) Space launch system.—The term "Space Launch System" means has the meaning ¹ given the term in section 3 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18302).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356; Pub. L. 115–10, title IV, §413, Mar. 21, 2017, 131 Stat. 33.)

Historical and Revision Notes

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

Human Space Exploration

Pub. L. 115–10, title IV, §§431, 432, Mar. 21, 2017, 131 Stat. 38, 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) Sense of Congress.—It is the sense of Congress that—

"(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) Human Exploration Roadmap.—

"(1) In general.—The Administrator shall develop a human exploration roadmap, including a critical decision plan, to expand human presence beyond low-Earth orbit to the surface of Mars and beyond, considering potential interim destinations such as cis-lunar space and the moons of Mars.

"(2) Scope.—The human exploration roadmap shall include—

"(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) Considerations.—In developing the human exploration roadmap, the Administrator shall consider—

"(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, EM–1, and first crewed mission, EM–2, 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) Critical decision plan on human space exploration.—As part of the human exploration roadmap, the Administrator shall include a critical decision plan—

"(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 EM–3 for the Space Launch System and Orion to extend human exploration from cis-lunar space to the surface of Mars.

"(5) Reports.—

"(A) Initial human exploration roadmap.—The Administrator shall submit to the appropriate committees of Congress—

"(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) Contents.—Each human exploration roadmap under this paragraph shall include a description of—

"(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) Submission with budget.—Each human exploration roadmap under this section shall be included in the budget for that fiscal year transmitted to Congress under section 1105(a) of title 31, United States Code."

[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.]

¹ So in original.

§20303. Contribution to innovation

(a) Participation in Interagency Activities.—The Administration shall be a full participant in any interagency effort to promote innovation and economic competitiveness through near-term and long-term basic scientific research and development and the promotion of science, technology, engineering, and mathematics education, consistent with the Administration's mission, including authorized activities.

(b) Historic Foundation.—In order to carry out the participation described in subsection (a), the Administrator shall build on the historic role of the Administration in stimulating excellence in the advancement of physical science and engineering disciplines and in providing opportunities and incentives for the pursuit of academic studies in science, technology, engineering, and mathematics.

(c) Balanced Science Program and Robust Authorization Levels.—The balanced science program authorized by section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)) ¹ shall be an element of the contribution by the Administration to the interagency programs.

(d) Annual Report.—

(1) Requirement.—The Administrator shall submit to Congress and the President an annual report describing the activities conducted pursuant to this section, including a description of the goals and the objective metrics upon which funding decisions were made.

(2) Content.—Each report submitted pursuant to paragraph (1) shall include, with regard to science, technology, engineering, and mathematics education programs, at a minimum, the following:

(A) A description of each program.

(B) The amount spent on each program.

(C) The number of students or teachers served by each program.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356.)

Historical and Revision Notes

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) Sense of Congress.—It is the sense of the Congress that the International Space Station represents a valuable and unique national asset which can be utilized to increase educational opportunities and scientific and technological innovation which will enhance the Nation's economic security and competitiveness in the global technology fields of endeavor. If the period for active utilization of the International Space Station is extended to at least the year 2020, the potential for such opportunities and innovation would be increased. Efforts should be made to fully realize that potential.

"(b) Evaluation and Assessment of NASA's Interagency Contribution.—Pursuant to the authority provided in title II of the America COMPETES Act (Public Law 110–69 [see Tables for classification]), the Administrator [of NASA] shall evaluate and, where possible, expand efforts to maximize NASA's [National Aeronautics and Space Administration's] contribution to interagency efforts to enhance science, technology, engineering, and mathematics education capabilities, and to enhance the Nation's technological excellence and global competitiveness. The Administrator shall identify these enhancements in the annual reports required by section 2001(e) of that Act ([former] 42 U.S.C. 16611a(e)) [now 51 U.S.C. 20303(d)].

"(c) Report to the Congress.—Within 120 days after the date of enactment of this Act [Jan. 4, 2011], the Administrator shall provide to the House of Representatives Committee on Science and Technology [now Committee on Science, Space, and Technology] and the Senate Committee on Commerce, Science, and Transportation a report on the assessment made pursuant to subsection (a). The report shall include—

"(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) Definition of Basic Research.—In this section, the term "basic research" has the meaning given the term in Office of Management and Budget Circular No. A–11.

(b) Coordination.—The Administrator, the Director of the National Science Foundation, the Secretary of Energy, the Secretary of Defense, and the Secretary of Commerce shall, to the extent practicable, coordinate basic research activities related to physical sciences, technology, engineering, and mathematics.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)

Historical and Revision Notes

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) In General.—The Administrator shall enter into agreements on a periodic basis with the National Academies for independent assessments, also known as decadal surveys, to take stock of the status and opportunities for Earth and space science discipline fields and Aeronautics research and to recommend priorities for research and programmatic areas over the next decade.

(b) Independent Cost Estimates.—The agreements described in subsection (a) shall include independent estimates of the life cycle costs and technical readiness of missions assessed in the decadal surveys whenever possible.

(c) Reexamination.—The Administrator shall request that each National Academies decadal survey committee identify any conditions or events, such as significant cost growth or scientific or technological advances, that would warrant the Administration asking the National Academies to reexamine the priorities that the decadal survey had established.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Establishment.—There is hereby established in the United States Treasury an Administration working capital fund.

(b) Availability of Amounts.—

(1) In general.—Amounts in the fund are available for financing activities, services, equipment, information, and facilities as authorized by law to be provided—

(A) within the Administration;

(B) to other agencies or instrumentalities of the United States;

(C) to any State, territory, or possession or political subdivision thereof;

(D) to other public or private agencies; or

(E) to any person, firm, association, corporation, or educational institution on a reimbursable basis.

(2) Capital repairs.—The fund shall also be available for the purpose of funding capital repairs, renovations, rehabilitation, sustainment, demolition, or replacement of Administration real property, on a reimbursable basis within the Administration.

(3) No fiscal year limitation.—Amounts in the fund are available without regard to fiscal year limitation.

(c) Contents.—The capital of the fund consists of—

(1) amounts appropriated to the fund;

(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Administrator transfers to the fund, less the related liabilities and unpaid obligations;

(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) Reimbursement.—The fund shall be reimbursed, in advance, for supplies and services at rates that will approximate the expenses of operation, such as the accrual of annual leave, depreciation of plant, property, and equipment, and overhead.

(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.)

Historical and Revision Notes

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

Amendments

2013—Subsec. (c)(4). Pub. L. 113–6 added par. (4).

§30103. Budgets

(a) Categories.—The proposed budget for the Administration submitted by the President for each fiscal year shall be accompanied by documents showing—

(1) by program—

(A) the budget for space operations, including the International Space Station and the space shuttle;

(B) the budget for exploration systems;

(C) the budget for aeronautics;

(D) the budget for space science;

(E) the budget for Earth science;

(F) the budget for microgravity science;

(G) the budget for education;

(H) the budget for safety oversight; and

(I) the budget for public relations;

(2) the budget for technology transfer programs;

(3) the budget for the Integrated Enterprise Management Program, by individual element;

(4) the budget for the Independent Technical Authority, both total and by center;

(5) the total budget for the prize program under section 20144 of this title, and the administrative budget for that program; and

(6) the comparable figures for at least the 2 previous fiscal years for each item in the proposed budget.

(b) Additional Budget Information Upon Request by Committees.—The Administration shall make available, upon request from the Committee on Science and Technology of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate—

(1) information on corporate and center general and administrative costs and service pool costs, including—

(A) the total amount of funds being allocated for those purposes for any fiscal year for which the President has submitted an annual budget request to Congress;

(B) the amount of funds being allocated for those purposes for each center, for headquarters, and for each directorate; and

(C) the major activities included in each cost category; and

(2) the figures on the amount of unobligated funds and unexpended funds, by appropriations account—

(A) that remained at the end of the fiscal year prior to the fiscal year in which the budget is being presented that were carried over into the fiscal year in which the budget is being presented;

(B) that are estimated will remain at the end of the fiscal year in which the budget is being presented that are proposed to be carried over into the fiscal year for which the budget is being presented; and

(C) that are estimated will remain at the end of the fiscal year for which the budget is being presented.

(c) Information in Annual Budget Justification.—The Administration shall provide, at a minimum, the following information in its annual budget justification:

(1) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, theme, program, project and activity within each appropriations account.

(2) The proposed programmatic and non-programmatic construction of facilities.

(3) The budget for headquarters including—

(A) the budget by office, and any division thereof, for the actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years;

(B) the travel budget for each office, and any division thereof, for the actual, current, and proposed funding level; and

(C) the civil service full time equivalent assignments per headquarters office, and any division thereof, including the number of Senior Executive Service, noncareer, detailee, and contract personnel per office.

(4) Within 14 days of the submission of the budget to Congress an accompanying volume shall be provided to the Committees on Appropriations containing the following information for each center, facility managed by any center, and federally funded research and development center operated on behalf of the Administration:

(A) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, theme, program, project, and activity.

(B) The proposed programmatic and non-programmatic construction of facilities.

(C) The number of civil service full time equivalent positions per center for each identified fiscal year.

(D) The number of civil service full time equivalent positions considered to be uncovered capacity at each location for each identified fiscal year.

(5) The proposed budget as designated by object class for each directorate, theme, and program.

(6) Sufficient narrative shall be provided to explain the request for each program, project, and activity, and an explanation for any deviation to previously adopted baselines for all justification materials provided to the Committees.

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3358.)

Historical and Revision Notes

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. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418, 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. 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) Definitions.—In this section:

(1) Development.—The term "development" means the phase of a program following the formulation phase and beginning with the approval to proceed to implementation, as defined in the Administration's Procedural Requirements 7120.5E, dated August 14, 2012.

(2) Development cost.—The term "development cost" means the total of all costs, including construction of facilities and civil servant costs, from the period beginning with the approval to proceed to implementation through the achievement of operational readiness, without regard to funding source or management control, for the life of the program.

(3) Life-cycle cost.—The term "life-cycle cost" means the total of the direct, indirect, recurring, and nonrecurring costs, including the construction of facilities and civil servant costs, and other related expenses incurred or estimated to be incurred in the design, development, verification, production, operation, maintenance, support, and retirement of a program over its planned lifespan, without regard to funding source or management control.

(4) Major program.—The term "major program" means an activity approved to proceed to implementation that has an estimated life-cycle cost of more than $250,000,000.

(b) Conditions for Development.—

(1) In general.—The Administration shall not enter into a contract for the development of a major program unless the Administrator determines that—

(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;

(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment; and

(C) the program complies with all relevant policies, regulations, and directives of the Administration.

(2) Report.—The Administrator shall transmit a report describing the basis for the determination required under paragraph (1) to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate at least 30 days before entering into a contract for development under a major program.

(3) Nondelegation.—The Administrator may not delegate the determination requirement under this subsection, except in cases in which the Administrator has a conflict of interest.

(c) Major Program Annual Reports.—

(1) Requirement.—Annually, at the same time as the President's annual budget submission to Congress, the Administrator shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the information required by this section for each major program for which the Administration proposes to expend funds in the subsequent fiscal year. Reports under this paragraph shall be known as Major Program Annual Reports.

(2) Baseline report.—The first Major Program Annual Report for each major program shall include a Baseline Report that shall, at a minimum, include—

(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;

(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed;

(C) the schedule for development, including key program milestones;

(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and

(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program.

(3) Information updates.—For major programs for which a Baseline Report has been submitted, each subsequent Major Program Annual Report shall describe any changes to the information that had been provided in the Baseline Report, and the reasons for those changes.

(d) Notification.—

(1) Requirement.—The individual identified under subsection (c)(2)(E) shall immediately notify the Administrator any time that individual has reasonable cause to believe that, for the major program for which he or she is responsible—

(A) the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the program by 15 percent or more; or

(B) a milestone of the program is likely to be delayed by 6 months or more from the date provided for it in the Baseline Report of the program.

(2) Reasons.—Not later than 30 days after the notification required under paragraph (1), the individual identified under subsection (c)(2)(E) shall transmit to the Administrator a written notification explaining the reasons for the change in the cost or milestone of the program for which notification was provided under paragraph (1).

(3) Notification of congress.—Not later than 15 days after the Administrator receives a written notification under paragraph (2), the Administrator shall transmit the notification to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(e) Fifteen Percent Threshold.—

(1) Determination, report, and initiation of analysis.—Not later than 30 days after receiving a written notification under subsection (d)(2), the Administrator shall determine whether the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the program by 15 percent or more, or whether a milestone is likely to be delayed by 6 months or more. If the determination is affirmative, the Administrator shall—

(A) transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 15 days after making the determination, a report that includes—

(i) a description of the increase in cost or delay in schedule and a detailed explanation for the increase or delay;

(ii) a description of actions taken or proposed to be taken in response to the cost increase or delay; and

(iii) a description of any impacts the cost increase or schedule delay, or the actions described under clause (ii), will have on any other program within the Administration; and

(B) if the Administrator intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum—

(i) the projected cost and schedule for completing the program if current requirements of the program are not modified;

(ii) the projected cost and the schedule for completing the program after instituting the actions described under subparagraph (A)(ii); and

(iii) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.

(2) Completion of analysis and transmittal to committees.—The Administration shall complete an analysis initiated under paragraph (1)(B) not later than 6 months after the Administrator makes a determination under this subsection. The Administrator shall transmit the analysis to the Committee on Science and Technology of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate not later than 30 days after its completion.

(f) Thirty Percent Threshold.—If the Administrator determines under subsection (e) that the development cost of a program will exceed the estimate provided in the Baseline Report of the program by more than 30 percent, then, beginning 18 months after the date the Administrator transmits a report under subsection (e)(1)(A), the Administrator shall not expend any additional funds on the program, other than termination costs, unless Congress has subsequently authorized continuation of the program by law. An appropriation for the specific program enacted subsequent to a report being transmitted shall be considered an authorization for purposes of this subsection. If the program is continued, the Administrator shall submit a new Baseline Report for the program no later than 90 days after the date of enactment of the Act under which Congress has authorized continuation of the program.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3360; Pub. L. 115–10, title VIII, §828, Mar. 21, 2017, 131 Stat. 66.)

Historical and Revision Notes

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

Detection and Avoidance of Counterfeit Parts

Pub. L. 115–10, title VIII, §823, Mar. 21, 2017, 131 Stat. 62, provided that:

"(a) Findings.—Congress makes the following findings:

"(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) Sense of Congress.—It is the sense of Congress that the presence of counterfeit electronic parts in the NASA supply chain poses a danger to United States government astronauts, crew, and other personnel and a risk to the agency overall.

"(c) Regulations.—

"(1) In general.—Not later than 270 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator shall revise the NASA Supplement to the Federal Acquisition Regulation to improve the detection and avoidance of counterfeit electronic parts in the supply chain.

"(2) Contractor responsibilities.—In revising the regulations under paragraph (1), the Administrator shall—

"(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) Suppliers of electronic parts.—In revising the regulations under paragraph (1), the Administrator shall—

"(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 2319 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) Definitions.—In this section:

"(1) Covered contractor.—The term 'covered contractor' means a contractor that supplies an electronic part, or a product that contains an electronic part, to NASA.

"(2) Electronic part.—The term 'electronic part' means a discrete electronic component, including a microcircuit, transistor, capacitor, resistor, or diode, that is intended for use in a safety or mission critical application."

[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) Revised Regulations Required.—Not later than 270 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator [of the National Aeronautics and Space Administration] shall revise the [National Aeronautics and Space] Administration Supplement to the Federal Acquisition Regulation to provide uniform guidance and recommend revised requirements for organizational conflicts of interest by contractors in major acquisition programs in order to address the elements identified in subsection (b).

"(b) Elements.—The revised regulations under subsection (a) shall, at a minimum—

"(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.)

Historical and Revision Notes

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) Exclusion of Administration Personnel.—A person providing articles to the Administration under a contract entered into after December 9, 1991, may not exclude Administration quality assurance personnel from work sites except as provided in a contract provision that has been submitted to Congress as provided in subsection (b).

(b) Contract Provisions.—The Administration shall not enter into any contract which permits the exclusion of Administration quality assurance personnel from work sites unless the Administrator has submitted a copy of the provision permitting such exclusion to Congress at least 60 days before entering into the contract.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)

Historical and Revision Notes

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

(b) Reports to Congress.—The Administrator shall in January of each year report to the Committee on Science and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the Government under termination provisions of any contract authorized in this section through the next fiscal year. The authority of the Administration to enter into and to maintain the contract authorized hereunder shall remain in effect unless repealed by legislation enacted by Congress.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Establishment.—The Administration shall competitively select an organization to partner with Administration centers, aerospace contractors, and academic institutions to carry out a program to help promote the competitiveness of small, minority-owned, and women-owned businesses in communities across the United States through enhanced insight into the technologies of the Administration's space and aeronautics programs. The program shall support the mission of the Administration's Innovative Partnerships Program with its emphasis on joint partnerships with industry, academia, government agencies, and national laboratories.

(b) Program Structure.—In carrying out the program described in subsection (a), the organization shall support the mission of the Administration's Innovative Partnerships Program by undertaking the following activities:

(1) Facilitating enhanced insight.—Facilitating the enhanced insight of the private sector into the Administration's technologies in order to increase the competitiveness of the private sector in producing viable commercial products.

(2) Creating network.—Creating a network of academic institutions, aerospace contractors, and Administration centers that will commit to donating appropriate technical assistance to small businesses, giving preference to socially and economically disadvantaged small business concerns, small business concerns owned and controlled by service-disabled veterans, and HUBZone small business concerns. This paragraph shall not apply to any contracting actions entered into or taken by the Administration.

(3) Creating network of economic development organizations.—Creating a network of economic development organizations to increase the awareness and enhance the effectiveness of the program nationwide.

(c) Report.—Not later than one year after October 15, 2008, and annually thereafter, the Administrator shall submit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the efforts and accomplishments of the program established under subsection (a) in support of the Administration's Innovative Partnerships Program. As part of the report, the Administrator shall provide—

(1) data on the number of small businesses receiving assistance, jobs created and retained, and volunteer hours donated by the Administration, contractors, and academic institutions nationwide;

(2) an estimate of the total dollar value of the economic impact made by small businesses that received technical assistance through the program; and

(3) an accounting of the use of funds appropriated for the program.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3364.)

Historical and Revision Notes

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) Plan.—In consultation with the Small Business Administration, the Administrator shall develop a plan to maximize the number and amount of contracts awarded to small business concerns (within the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)) and to meet established contracting goals for such concerns.

(b) Priority.—The Administrator shall establish as a priority meeting the contracting goals developed in conjunction with the Small Business Administration to maximize the amount of prime contracts, as measured in dollars, awarded in each fiscal year by the Administration to small business concerns (within the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3365.)

Historical and Revision Notes

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) Definition of Implementation.—In this section, the term "implementation" means all activity in the life cycle of a project after preliminary design, independent assessment of the preliminary design, and approval to proceed into implementation, including critical design, development, certification, launch, operations, disposal of assets, and, for technology programs, development, testing, analysis, and communication of the results.

(b) Requirement.—Before any funds may be obligated for implementation of a project that is projected to cost more than $250,000,000 in total project costs, the Administrator shall conduct and consider an independent life-cycle cost analysis of the project and shall report the results to Congress. In developing cost accounting and reporting standards for carrying out this section, the Administrator shall, to the extent practicable and consistent with other laws, solicit the advice of experts outside of the Administration.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3365.)

Historical and Revision Notes

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) Sense of Congress.—It is the sense of Congress that—

"(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) Guidance and Criteria.—The Administrator [of the National Aeronautics and Space Administration] shall provide to its acquisition programs and projects, in a manner consistent with the Administration's Space Flight Program and Project Management Requirements—

"(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) Definitions.—In this section:

(1) Commercial provider.—The term "commercial provider" means any person providing space transportation services or other space-related activities, the primary control of which is held by persons other than a Federal, State, local, or foreign government.

(2) State.—The term "State" means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

(b) In General.—Except as otherwise required by law, in calculating the cost effectiveness of the cost of the Administration engaging in an activity as compared to a commercial provider, the Administrator shall compare the cost of the Administration engaging in the activity using full cost accounting principles with the price the commercial provider will charge for such activity.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3366.)

Historical and Revision Notes

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) Definition of Depressed Communities.—In this section, the term "depressed communities" means rural and urban communities that are relatively depressed, in terms of age of housing, extent of poverty, growth of per capita income, extent of unemployment, job lag, or surplus labor.

(b) In General.—In any case in which the Administrator considers the purchase, lease, or expansion of a facility to meet requirements of the Administration, the Administrator shall consider whether those requirements could be met by the use of one of the following:

(1) Abandoned or underutilized buildings, grounds, and facilities in depressed communities that can be converted to Administration usage at a reasonable cost, as determined by the Administrator.

(2) Any military installation that is closed or being closed, or any facility at such an installation.

(3) Any other facility or part of a facility that the Administrator determines to be—

(A) owned or leased by the United States for the use of another agency of the Federal Government; and

(B) considered by the head of the agency involved to be—

(i) excess to the needs of that agency; or

(ii) underutilized by that agency.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3366.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Assessment.—The Administrator [of NASA] shall enter into an arrangement for an independent assessment of any impediments to space science and engineering workforce development for minority and underrepresented groups at NASA [National Aeronautics and Space Administration], including recommendations on—

"(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) Report.—A report on the assessment carried out under subsection (a) shall be transmitted to the House of Representatives Committee on Science and Technology [now Committee on Science, Space, and Technology] and the Senate Committee on Commerce, Science, and Transportation not later than 15 months after the date of enactment of this Act [Jan. 4, 2011].

"(c) Implementation.—To the extent practicable, the Administrator shall take all necessary steps to address any impediments identified in the assessment."

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:

Section 1. The Missile Sites Labor Commission is hereby abolished and its functions and responsibilities are transferred to the Federal Mediation and Conciliation Service.

Sec. 2. The Director of the Federal Mediation and Conciliation Service shall establish within the Federal Mediation and Conciliation Service such procedures as may be necessary to provide for continued priority for resolution of labor disputes or potential labor disputes at missile and space sites, and shall seek the continued cooperation of manufacturers, contractors, construction concerns, and labor unions in avoiding uneconomical operations and work stoppages at missile and space sites.

Sec. 3. The Department of Defense, the National Aeronautics and Space Administration, and other appropriate government departments and agencies shall continue to cooperate in the avoidance of uneconomical operations and work stoppages at missile and space sites. They shall also assist the Federal Mediation and Conciliation Service in the discharge of its responsibilities under this order.

Sec. 4. All records and property of the Missile Sites Labor Commission are hereby transferred to the Federal Mediation and Conciliation Service.

Sec. 5. Any disputes now before the Missile Sites Labor Commission shall be resolved by the personnel now serving as members of the Missile Sites Labor Commissions under special assignment for such purposes by the Director of the Federal Mediation and Conciliation Service.

Sec. 6. Executive Order No. 10946 of May 26, 1961, is hereby revoked.

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:

Section 1. Establishment of the Task Force on Space Industry Workforce and Economic Development. There is established a Task Force on Space Industry Workforce and Economic Development (Task Force) to develop, in collaboration with local stakeholders, an interagency action plan to facilitate economic development strategies and plans along the Space Coast and to provide training and other opportunities for affected aerospace workers so they are equipped to contribute to new developments in America's space program and related industries. The Secretary of Commerce and the Administrator of NASA shall serve as Co-Chairs of the Task Force.

(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.

Sec. 2. Mission and Functions. The Task Force shall work with local stakeholders and executive departments and agencies to equip Space Coast and other affected workers to take advantage of new opportunities and expand the region's economic base.

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.

Sec. 3. Outreach. Consistent with the objectives set forth in this memorandum, the Task Force, in accordance with applicable law, in addition to holding regular meetings, shall conduct outreach to representatives of nonprofit organizations; business; labor[;] State, local, and tribal governments; elected officials; and other interested persons that will assist in bringing to the President's attention concerns, ideas, and policy options for expanding and improving efforts to create jobs and economic growth in affected aerospace communities. The Task Force shall hold inaugural meetings with stakeholders within 60 days of the date of this memorandum.

Sec. 4. Task Force Plan for Space Industry Workforce and Economic Development. On or before August 15, 2010, the Task Force shall develop and submit to the President a comprehensive plan that:

(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.

Sec. 5. Termination. The Task Force shall terminate 3 years after the date of this memorandum unless extended by the President.

Sec. 6. General Provisions. (a) The heads of executive departments and agencies shall assist and provide information to the Task Force, consistent with applicable law, as may be necessary to carry out the functions of the Task Force. Each executive department and agency shall bear its own expense for participating in the Task Force; and

(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) In General.—The Administrator shall transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an implementation plan describing the Administration's approach for obtaining, implementing, and sharing lessons learned and best practices for its major programs and projects not later than 180 days after December 30, 2005. The implementation plan shall be updated and maintained to ensure that it is current and consistent with the burgeoning culture of learning and safety that is emerging at the Administration.

(b) Required Content.—The implementation plan shall contain at a minimum the lessons learned and best practices requirements for the Administration, the organizations or positions responsible for enforcement of the requirements, the reporting structure, and the objective performance measures indicating the effectiveness of the activity.

(c) Incentives.—The Administrator shall provide incentives to encourage sharing and implementation of lessons learned and best practices by employees, projects, and programs, as well as penalties for programs and projects that are determined not to have demonstrated use of those resources.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3367.)

Historical and Revision Notes

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

(b) Goal.—The Administrator shall ensure that the plan describes a system that will protect employees who wish to raise or have raised concerns described in subsection (a).

(c) Plan.—At a minimum, the plan shall include, consistent with Federal law—

(1) a reporting structure that ensures that the officials who are the subject of a whistleblower's complaint will not learn the identity of the whistleblower;

(2) a single point to which all complaints can be made without fear of retribution;

(3) procedures to enable the whistleblower to track the status of the case;

(4) activities to educate employees about their rights as whistleblowers and how they are protected by law;

(5) activities to educate employees about their obligations to report concerns and their accountability before and after receiving the results of the investigations into their concerns; and

(6) activities to educate all appropriate Administration Human Resources professionals, and all Administration managers and supervisors, regarding personnel laws, rules, and regulations.

(d) Report.—Not later than February 15 of each year beginning February 15, 2007, the Administrator shall transmit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the concerns described in subsection (a) that were raised during the previous fiscal year. At a minimum, the report shall provide—

(1) the number of concerns that were raised, divided into the categories of safety and health, mission assurance, and mismanagement, and the disposition of those concerns, including whether any employee was disciplined as a result of a concern having been raised; and

(2) any recommendations for reforms to further prevent retribution against employees who raise concerns.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3367.)

Historical and Revision Notes

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) In General.—The performance of each division in the Science directorate of the Administration shall be reviewed and assessed by the National Academy of Sciences at 5-year intervals.

(b) Timing.—Beginning with the first fiscal year following December 30, 2005, the Administrator shall select at least one division for review under this section. The Administrator shall select divisions so that all disciplines will have received their first review within 6 fiscal years of December 30, 2005.

(c) Reports.—Not later than March 1 of each year, beginning with the first fiscal year after December 30, 2005, the Administrator shall transmit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—

(1) setting forth in detail the results of any external review under subsection (a);

(2) setting forth in detail actions taken by the Administration in response to any external review; and

(3) including a summary of findings and recommendations from any other relevant external reviews of the Administration's science mission priorities and programs.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3368.)

Historical and Revision Notes

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) Assessments.—

(1) In general.—The Administrator shall carry out triennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that exceed their planned missions' lifetime.

(2) Considerations.—In conducting an assessment under paragraph (1), the Administrator shall consider whether and how extending missions impacts the start of future missions.

(b) Consultation and Consideration of Potential Benefits of Instruments on Missions.—When deciding whether to extend a mission that has an operational component, the Administrator shall—

(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) Reports.—The Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives, at the same time as the submission to Congress of the Administration's annual budget request for each fiscal year, a report detailing any assessment under subsection (a) that was carried out during the previous year.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3369; Pub. L. 115–10, title V, §513, Mar. 21, 2017, 131 Stat. 52.)

Historical and Revision Notes

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) Assessment.—The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that have exceeded their planned mission lifetime.

"(b) Consultation and Consideration of Potential Benefits of Instruments on Missions.—For those missions that have an operational component, the National Oceanic and Atmospheric Administration or any other affected agency shall be consulted and the potential benefits of instruments on missions that are beyond their planned mission lifetime taken into account."

CHAPTER 307—INTERNATIONAL COOPERATION AND COMPETITION

        

§30701. Competitiveness and international cooperation

(a) Limitation.—

(1) Solicitation of comment.—As part of the evaluation of the costs and benefits of entering into an obligation to conduct a space mission in which a foreign entity will participate as a supplier of the spacecraft, spacecraft system, or launch system, the Administrator shall solicit comment on the potential impact of such participation through notice published in Commerce Business Daily at least 45 days before entering into such an obligation.

(2) Agreements with people's republic of china.—The Administrator shall certify to Congress at least 15 days in advance of any cooperative agreement with the People's Republic of China, or any company owned by the People's Republic of China or incorporated under the laws of the People's Republic of China, involving spacecraft, spacecraft systems, launch systems, or scientific or technical information, that—

(A) the agreement is not detrimental to the United States space launch industry; and

(B) the agreement, including any indirect technical benefit that could be derived from the agreement, will not improve the missile or space launch capabilities of the People's Republic of China.

(3) Annual audit.—The Inspector General of the Administration, in consultation with appropriate agencies, shall conduct an annual audit of the policies and procedures of the Administration with respect to the export of technologies and the transfer of scientific and technical information, to assess the extent to which the Administration is carrying out its activities in compliance with Federal export control laws and with paragraph (2).

(b) National Interests.—

(1) Definition of united states commercial provider.—In this subsection, the term "United States commercial provider" means a commercial provider (as defined in section 30308(a) of this title), organized under the laws of the United States or of a State (as defined in section 30308(a) of this title), which is—

(A) more than 50 percent owned by United States nationals; or

(B) a subsidiary of a foreign company and the Secretary of Commerce finds that—

(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through—

(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and

(II) significant contributions to employment in the United States; and

(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—

(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this section, section 30307, 30308, 30309, or 30702 of this title, or the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1577);

(II) providing no barriers to companies described in subparagraph (A) with respect to local investment opportunities that are not provided to foreign companies in the United States; and

(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A).

(2) In general.—Before entering into an obligation described in subsection (a), the Administrator shall consider the national interests of the United States described in paragraph (3) of this subsection.

(3) Description of national interests.—International cooperation in space exploration and science activities most effectively serves the United States national interest when it—

(A)(i) reduces the cost of undertaking missions the United States Government would pursue unilaterally;

(ii) enables the United States to pursue missions that it could not otherwise afford to pursue unilaterally; or

(iii) enhances United States capabilities to use and develop space for the benefit of United States citizens;

(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.)

Historical and Revision Notes

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) Certification Required.—If the United States becomes a signatory to a non-legally binding international agreement concerning an International Code of Conduct for Outer Space Activities or any similar agreement, at the same time as the United States becomes such a signatory—

"(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) Briefings and Notifications Required.—

"(1) Restatement of policy formulation under the arms control and disarmament act with respect to outer space.—No action shall be taken that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in outer space in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause II of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United States.

"(2) Briefings.—

"(A) Requirement.—The Secretary of Defense, the Secretary of State, and the Director of National Intelligence shall jointly provide to the covered congressional committees regular, detailed updates on the negotiation of a non-legally binding international agreement concerning an International Code of Conduct for Outer Space Activities or any similar agreement.

"(B) Termination of requirement.—The requirement to provide regular briefings under subparagraph (A) shall terminate on the date on which the United States becomes a signatory to an agreement referred to in subparagraph (A), or on the date on which the President certifies to Congress that the United States is no longer negotiating an agreement referred to in subparagraph (A), whichever is earlier.

"(3) Notifications.—If the United States becomes a signatory to a non-legally binding international agreement concerning an International Code of Conduct for Outer Space Activities or any similar agreement, not less than 60 days prior to any action that will obligate the United States to reduce or limit the Armed Forces or armaments or activities of the United States in outer space, the head of each Department or agency of the Federal Government that is affected by such action shall submit to Congress notice of such action and the effect of such action on such Department or agency.

"(4) Definition.—In this subsection, the term 'covered congressional committees' means—

"(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.)

Historical and Revision Notes

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) Accord With Space Transportation Policy.—The Administration shall not launch a payload on a foreign launch vehicle except in accordance with the Space Transportation Policy announced by the President on December 21, 2004. This subsection shall not be construed to prevent the President from waiving the Space Transportation Policy.

(b) Interagency Coordination.—The Administration shall not launch a payload on a foreign launch vehicle unless the Administration commenced the interagency coordination required by the Space Transportation Policy announced by the President on December 21, 2004, at least 90 days before entering into a development contract for the payload.

(c) Application.—This section shall not apply to any payload for which development has begun prior to December 30, 2005, including the James Webb Space Telescope.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Authority To Award.—The President may award, and present in the name of Congress, a medal of appropriate design, which shall be known as the Congressional Space Medal of Honor, to any astronaut who in the performance of the astronaut's duties has distinguished himself or herself by exceptionally meritorious efforts and contributions to the welfare of the Nation and of humankind.

(b) Appropriations.—There is authorized to be appropriated from time to time such sums of money as may be necessary to carry out the purposes of this section.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)

Historical and Revision Notes

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) Short Title.—This section may be cited as the "Charles 'Pete' Conrad Astronomy Awards Act".

(b) Definitions.—In this section:

(1) Amateur astronomer.—The term "amateur astronomer" means an individual whose employer does not provide any funding, payment, or compensation to the individual for the observation of asteroids and other celestial bodies, and does not include any individual employed as a professional astronomer.

(2) Minor planet center.—The term "Minor Planet Center" means the Minor Planet Center of the Smithsonian Astrophysical Observatory.

(3) Near-earth asteroid.—The term "near-Earth asteroid" means an asteroid with a perihelion distance of less than 1.3 Astronomical Units from the Sun.

(4) Program.—The term "Program" means the Charles "Pete" Conrad Astronomy Awards Program established under subsection (c).

(c) Charles "Pete" Conrad Astronomy Awards Program.—

(1) In general.—The Administrator shall establish the Charles "Pete" Conrad Astronomy Awards Program.

(2) Awards.—The Administrator shall make awards under the Program based on the recommendations of the Minor Planet Center.

(3) Award categories.—The Administrator shall make one annual award, unless there are no eligible discoveries or contributions, for each of the following categories:

(A) Discovery of brightest near-earth asteroid.—The amateur astronomer or group of amateur astronomers who in the preceding calendar year discovered the intrinsically brightest near-Earth asteroid among the near-Earth asteroids that were discovered during that year by amateur astronomers or groups of amateur astronomers.

(B) Greatest contribution to cataloguing near-earth asteroids.—The amateur astronomer or group of amateur astronomers who made the greatest contribution to the Minor Planet Center's mission of cataloguing near-Earth asteroids during the preceding year.

(4) Award amount.—An award under the Program shall be in the amount of $3,000.

(5) Guidelines.—

(A) Citizen or permanent resident.—No individual who is not a citizen or permanent resident of the United States at the time of the individual's discovery or contribution may receive an award under this section.

(B) Finality.—The decisions of the Administrator in making awards under this section are final.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3372.)

Historical and Revision Notes

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) Establishment and Members.—There is established an Aerospace Safety Advisory Panel consisting of a maximum of 9 members who shall be appointed by the Administrator for terms of 6 years each. Not more than 4 such members shall be chosen from among the officers and employees of the Administration.

(b) Chairman.—One member shall be designated by the Panel as its Chairman.

(c) Duties.—The Panel shall—

(1) review safety studies and operations plans referred to it, including evaluating the Administration's compliance with the return-to-flight and continue-to-fly recommendations of the Columbia Accident Investigation Board, and make reports thereon;

(2) advise the Administrator and Congress with respect to—

(A) the hazards of proposed or existing facilities and proposed operations;

(B) the adequacy of proposed or existing safety standards; and

(C) management and culture related to safety; and

(3) perform such other duties as the Administrator may request.

(d) Compensation and Expenses.—

(1) Compensation.—

(A) Federal officers and employees.—A member of the Panel who is an officer or employee of the Federal Government shall receive no compensation for the member's services as such.

(B) Members appointed from outside the federal government.—A member of the Panel appointed from outside the Federal Government shall receive compensation, at a rate not to exceed the per diem rate equivalent to the maximum rate payable under section 5376 of title 5, for each day the member is engaged in the actual performance of duties vested in the Panel.

(2) Expenses.—A member of the Panel shall be allowed necessary travel expenses (or in the alternative, mileage for use of a privately owned vehicle and a per diem in lieu of subsistence not to exceed the rate and amount prescribed in sections 5702 and 5704 of title 5), and other necessary expenses incurred by the member in the performance of duties vested in the Panel, without regard to the provisions of subchapter I of chapter 57 of title 5, the Standardized Government Travel Regulations, or section 5731 of title 5.

(e) Annual Report.—The Panel shall submit an annual report to the Administrator and to Congress. In the first annual report submitted after December 30, 2005, the Panel shall include an evaluation of the Administration's management and culture related to safety. Each annual report shall include an evaluation of the Administration's compliance with the recommendations of the Columbia Accident Investigation Board through retirement of the space shuttle.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3373.)

Historical and Revision Notes

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) Definition of Controlled Substance.—In this section, the term "controlled substance" means any substance under section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) specified by the Administrator.

(b) Testing Program.—

(1) Employees of administration.—The Administrator shall establish a program applicable to employees of the Administration whose duties include responsibility for safety-sensitive, security, or national security functions. Such program shall provide for preemployment, reasonable suspicion, random, and post-accident testing for use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of periodic recurring testing of such employees for such use in violation of applicable law or Federal regulation.

(2) Employees of contractors.—The Administrator shall, in the interest of safety, security, and national security, prescribe regulations. Such regulations shall establish a program that requires Administration contractors to conduct preemployment, reasonable suspicion, random, and post-accident testing of contractor employees responsible for safety-sensitive, security, or national security functions (as determined by the Administrator) for use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. The Administrator may also prescribe regulations, as the Administrator considers appropriate in the interest of safety, security, and national security, for the conduct of periodic recurring testing of such employees for such use in violation of applicable law or Federal regulation.

(3) Suspension, disqualification, or dismissal.—In prescribing regulations under the programs required by this subsection, the Administrator shall require, as the Administrator considers appropriate, the suspension, disqualification, or dismissal of any employee to which paragraph (1) or (2) applies, in accordance with the provisions of this section, in any instance where a test conducted and confirmed under this section indicates that such employee has used, in violation of applicable law or Federal regulation, alcohol or a controlled substance.

(c) Prohibition on Service.—

(1) Prohibition unless program of rehabilitation completed.—No individual who is determined by the Administrator under this section to have used, in violation of applicable law or Federal regulation, alcohol or a controlled substance after December 9, 1991, shall serve as an Administration employee with responsibility for safety-sensitive, security, or national security functions (as determined by the Administrator), or as an Administration contractor employee with such responsibility, unless such individual has completed a program of rehabilitation described in subsection (d).

(2) Unconditional prohibition.—Any such individual determined by the Administrator under this section to have used, in violation of applicable law or Federal regulation, alcohol or a controlled substance after December 9, 1991, shall not be permitted to perform the duties that the individual performed prior to the date of the determination, if the individual—

(A) engaged in such use while on duty;

(B) prior to such use had undertaken or completed a rehabilitation program described in subsection (d);

(C) following such determination refuses to undertake such a rehabilitation program; or

(D) following such determination fails to complete such a rehabilitation program.

(d) Program for Rehabilitation.—

(1) Regulations and availability of program for contractor employees.—The Administrator shall prescribe regulations setting forth requirements for rehabilitation programs which at a minimum provide for the identification and opportunity for treatment of employees referred to in subsection (b) in need of assistance in resolving problems with the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance. Each contractor is encouraged to make such a program available to all of its employees in addition to those employees referred to in subsection (b)(2). The Administrator shall determine the circumstances under which such employees shall be required to participate in such a program. Nothing in this subsection shall preclude any Administration contractor from establishing a program under this subsection in cooperation with any other such contractor.

(2) Establishment and maintenance of program for administration employees.—The Administrator shall establish and maintain a rehabilitation program which at a minimum provides for the identification and opportunity for treatment of those employees of the Administration whose duties include responsibility for safety-sensitive, security, or national security functions who are in need of assistance in resolving problems with the use of alcohol or controlled substances.

(e) Procedures for Testing.—In establishing the programs required under subsection (b), the Administrator shall develop requirements which shall—

(1) promote, to the maximum extent practicable, individual privacy in the collection of specimen samples;

(2) with respect to laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988, and any subsequent amendments thereto, including mandatory guidelines which—

(A) establish comprehensive standards for all aspects of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimen samples collected for controlled substances testing;

(B) establish the minimum list of controlled substances for which individuals may be tested; and

(C) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section;

(3) require that all laboratories involved in the controlled substances testing of any individual under this section shall have the capability and facility, at such laboratory, of performing screening and confirmation tests;

(4) provide that all tests which indicate the use, in violation of applicable law or Federal regulation, of alcohol or a controlled substance by any individual shall be confirmed by a scientifically recognized method of testing capable of providing quantitative data regarding alcohol or a controlled substance;

(5) provide that each specimen sample be subdivided, secured, and labelled in the presence of the tested individual and that a portion thereof be retained in a secure manner to prevent the possibility of tampering, so that in the event the individual's confirmation test results are positive the individual has an opportunity to have the retained portion assayed by a confirmation test done independently at a second certified laboratory if the individual requests the independent test within 3 days after being advised of the results of the initial confirmation test;

(6) ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations as may be necessary and in consultation with the Department of Health and Human Services;

(7) provide for the confidentiality of test results and medical information of employees; and

(8) ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.

(f) Effect on Other Laws and Regulations.—

(1) Consistency with federal regulation.—No State or local government shall adopt or have in effect any law, rule, regulation, ordinance, standard, or order that is inconsistent with the regulations promulgated under this section.

(2) Continuance of regulations issued before december 9, 1991.—Nothing in this section shall be construed to restrict the discretion of the Administrator to continue in force, amend, or further supplement any regulations issued before December 9, 1991, that govern the use of alcohol and controlled substances by Administration employees with responsibility for safety-sensitive, security, and national security functions (as determined by the Administrator), or by Administration contractor employees with such responsibility.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3374.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Survey.—The Administrator shall administer an anonymous survey of astronauts and flight surgeons to evaluate communication, relationships, and the effectiveness of policies. The survey questions and the analysis of results shall be evaluated by experts independent of the Administration. The survey shall be administered on at least a biennial basis.

(b) Report.—The Administrator shall transmit a report of the results of the survey to Congress not later than 90 days following completion of the survey.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Sense of Congress.—It is the sense of Congress that—

"(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) Policy.—It is the policy of the United States that the Administration maintain reliable and efficient facilities and infrastructure and that decisions on whether to dispose of, maintain, or modernize existing facilities or infrastructure be made in the context of meeting future Administration needs.

"(c) Plan.—

"(1) In general.—The Administrator shall develop a facilities and infrastructure plan.

"(2) Goal.—The goal of the plan is to position the Administration to have the facilities and infrastructure, including laboratories, tools, and approaches, necessary to meet future Administration and other Federal agencies' laboratory needs.

"(3) Contents.—The plan shall identify—

"(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) Requirement To Establish Policy.—

"(1) In general.—Not later than 180 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator shall establish and make publicly available a policy that guides the Administration's use of existing authorities to out-grant, lease, excess to the General Services Administration, sell, decommission, demolish, or otherwise transfer property, facilities, or infrastructure.

"(2) Criteria.—The policy shall include criteria for the use of authorities, best practices, standardized procedures, and guidelines for how to appropriately manage property, facilities, and infrastructure.

"(e) Submission to Congress.—Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Technology of the House of Representatives] the plan developed under subsection (c)."

§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.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) In General.—The Administrator shall develop an agency-wide enhanced-use lease policy that—

(1) is based upon sound business practices and lessons learned from the demonstration centers; and

(2) establishes controls and procedures to ensure accountability and protect the interests of the Government.

(b) Contents.—The policy required by subsection (a) shall include the following:

(1) Criteria for determining economic value.—Criteria for determining whether enhanced-use lease provides better economic value to the Government than other options, such as—

(A) Federal financing through appropriations; or

(B) sale of the property.

(2) Security and access.—Requirement for the identification of proposed physical and procedural changes needed to ensure security and restrict access to specified areas, coordination of proposed changes with existing site tenants, and development of estimated costs of such changes.

(3) Measures of effectiveness.—Measures of effectiveness for the enhanced-use lease program.

(4) Accounting controls.—Accounting controls and procedures to ensure accountability, such as an audit trail and documentation to readily support financial transactions.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3377.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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.

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:

Section 1. National Aeronautics Research and Development Policy. Continued progress in aeronautics, the science of flight, is essential to America's economic success and the protection of America's security interests at home and around the globe. Accordingly, it shall be the policy of the United States to facilitate progress in aeronautics research and development (R&D) through appropriate funding and activities of the Federal Government, in cooperation with State, territorial, tribal, local, and foreign governments, international organizations, academic and research institutions, private organizations, and other entities, as appropriate. The Federal Government shall only undertake roles in supporting aeronautics R&D that are not more appropriately performed by the private sector. The National Aeronautics Research and Development Policy prepared by the National Science and Technology Council should, to the extent consistent with this order and its implementation, guide the aeronautics R&D programs of the United States through 2020.

Sec. 2. Functions of the Director of the Office of Science and Technology Policy. To implement the policy set forth in section 1 of this order, the Director of the Office of Science and Technology Policy (the "Director") shall:

(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.

Sec. 3. Implementation of National Aeronautics Research and Development Policy. To implement the policy set forth in section 1 of this order, the Director shall:

(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.

Sec. 4. General Provisions. (a) In implementing this order, the Director shall:

(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.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) Objective.—In order to ensure that the Nation maintains needed capabilities in fundamental areas of aeronautics research, the Administrator shall establish a program of long-term fundamental research in aeronautical sciences and technologies that is not tied to specific development projects.

(b) Operation.—The Administrator shall conduct the program under this section, in part by awarding grants to institutions of higher education. The Administrator shall encourage the participation of institutions of higher education located in States that participate in the Experimental Program to Stimulate Competitive Research. All grants to institutions of higher education under this section shall be awarded through merit review.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)

Historical and Revision Notes

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) Supersonic Transport Research and Development.—The Administrator may establish an initiative with the objective of developing and demonstrating, in a relevant environment, airframe and propulsion technologies to enable efficient, economical overland flight of supersonic civil transport aircraft with no significant impact on the environment.

(b) Rotorcraft and Other Runway-Independent Air Vehicles.—The Administrator may establish a rotorcraft and other runway-independent air vehicles initiative with the objective of developing and demonstrating improved safety, noise, and environmental impact in a relevant environment.

(c) Hypersonics Research.—The Administrator may establish a hypersonics research program with the objective of exploring the science and technology of hypersonic flight using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration vehicles. The program may also include the transition to the hypersonic range of Mach 3 to Mach 5.

(d) Revolutionary Aeronautical Concepts.—The Administrator may establish a research program which covers a unique range of subsonic, fixed wing vehicles and propulsion concepts. This research is intended to push technology barriers beyond current subsonic technology. Propulsion concepts include advanced materials, morphing engines, hybrid engines, and fuel cells.

(e) Fuel Cell-Powered Aircraft Research.—

(1) Objective.—The Administrator may establish a fuel cell-powered aircraft research program whose objective shall be to develop and test concepts to enable a hydrogen fuel cell-powered aircraft that would have no hydrocarbon or nitrogen oxide emissions into the environment.

(2) Approach.—The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research.

(f) Mars Aircraft Research.—

(1) Objective.—The Administrator may establish a Mars Aircraft project whose objective shall be to develop and test concepts for an uncrewed aircraft that could operate for sustained periods in the atmosphere of Mars.

(2) Approach.—The Administrator may establish a program of competitively awarded grants available to teams of researchers that may include the participation of individuals from universities, industry, and government for the conduct of this research.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3379.)

Historical and Revision Notes

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).

Statutory Notes and Related Subsidiaries

National Aero-Space Plane Program

Pub. L. 101–611, title I, §116, Nov. 16, 1990, 104 Stat. 3202, provided that:

"(a) National Aero-Space Plane Program.—The Secretary of Defense (hereafter in this section referred to as the 'Secretary') and the Administrator shall jointly pursue on a high priority basis a National Aero-Space Plane program whose objective shall be the development and demonstration, by 1997, of a primarily air breathing single-stage-to-orbit and long range hypersonic cruise research flight vehicle. The program shall be a research program, and to the extent practicable technological information developed shall be transferred to the military and to the domestic civil aviation and other private industries.

"(b) Management Plan.—

"(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) Objective.—The Airspace Systems Research program shall pursue research and development to enable revolutionary improvements to and modernization of the National Airspace System, as well as to enable the introduction of new systems for vehicles that can take advantage of an improved, modern air transportation system.

(b) Alignment.—Not later than 1 year after December 30, 2005, the Administrator shall align the projects of the Airspace Systems Research program so that they directly support the objectives of the Joint Planning and Development Office's Next Generation Air Transportation System Integrated Plan.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3380.)

Historical and Revision Notes

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).

§40114. Aviation safety and security research

(a) Objective.—The Aviation Safety and Security Research program shall pursue research and development activities that directly address the safety and security needs of the National Airspace System and the aircraft that fly in it. The program shall develop prevention, intervention, and mitigation technologies aimed at causal, contributory, or circumstantial factors of aviation accidents.

(b) Alignment.—Not later than 1 year after December 30, 2005, the Administrator shall align the projects of the Aviation Safety and Security Research program so that they directly support the objectives of the Joint Planning and Development Office's Next Generation Air Transportation System Integrated Plan.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3380.)

Historical and Revision Notes

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.)

Historical and Revision Notes

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) In General.—The Administrator shall award grants to institutions of higher education (or consortia thereof) to establish one or more Centers for Research on Aviation Training under cooperative agreements with appropriate Administration Centers.

(b) Purpose.—The purpose of the Centers for Research on Aviation Training shall be to investigate the impact of new technologies and procedures, particularly those related to the aircraft flight deck and to the air traffic management functions, on training requirements for pilots and air traffic controllers.

(c) Application.—An institution of higher education (or a consortium of such institutions) seeking funding under this section shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require, including, at a minimum, a 5-year research plan.

(d) Award Duration.—An award made by the Administrator under this section shall be for a period of 5 years and may be renewed on the basis of—

(1) satisfactory performance in meeting the goals of the research plan proposed in the application submitted under subsection (c); and

(2) other requirements as specified by the Administrator.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3381.)

Historical and Revision Notes

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) Establishment.—The Administrator shall establish a program of scholarships for full-time graduate students who are United States citizens and are enrolled in, or have been accepted by and have indicated their intention to enroll in, accredited Masters degree programs in aeronautical engineering or equivalent programs at institutions of higher education. Each such scholarship shall cover the costs of room, board, tuition, and fees, and may be provided for a maximum of 2 years.

(b) Implementation.—Not later than 180 days after December 30, 2005, the Administrator shall publish regulations governing the scholarship program under this section.

(c) Cooperative Training Opportunities.—Students who have been awarded a scholarship under this section shall have the opportunity for paid employment at one of the Administration Centers engaged in aeronautics research and development during the summer prior to the first year of the student's Masters program, and between the first and second year, if applicable.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3381.)

Historical and Revision Notes

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.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40141	42 U.S.C. 16751.	Pub. L. 109–155, title IV, §441, Dec. 30, 2005, 119 Stat. 2927.

CHAPTER 403—NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP PROGRAM

        

§40301. Purposes

The purposes of this chapter are to—

(1) increase the understanding, assessment, development, and utilization of space resources by promoting a strong educational base, responsive research and training activities, and broad and prompt dissemination of knowledge and techniques;

(2) utilize the abilities and talents of the universities of the Nation to support and contribute to the exploration and development of the resources and opportunities afforded by the space environment;

(3) encourage and support, within the university community of the Nation, the existence of interdisciplinary and multidisciplinary programs of space research that—

(A) engage in integrated activities of training, research, and public service;

(B) have cooperative programs with industry; and

(C) are coordinated with the overall program of the Administration;

(4) encourage and support the existence of consortia, made up of university and industry members, in order to advance the exploration and development of space resources in cases in which national objectives can be better fulfilled through such consortia than through the programs of single universities;

(5) encourage and support Federal funding for graduate fellowships in fields related to space; and

(6) support activities in colleges and universities generally for the purpose of creating and operating a network of institutional programs that will enhance achievements resulting from efforts under this chapter.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3382.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40301	42 U.S.C. 2486a.	Pub. L. 100–147, title II, §203, Oct. 30, 1987, 101 Stat. 869.

In paragraph (3), the word "that" is substituted for ", to" for clarity.

In paragraph (4), the words "in order to" are substituted for "to", and the words "through such consortia" are added, for clarity.

Statutory Notes and Related Subsidiaries

Congressional Statement of Findings

Pub. L. 100–147, title II, §202, Oct. 30, 1987, 101 Stat. 869, provided that: "The Congress finds that—

"(1) the vitality of the Nation and the quality of life of the citizens of the Nation depend increasingly on the understanding, assessment, development, and utilization of space resources;

"(2) research and development of space science, space technology, and space commercialization will contribute to the quality of life, national security, and the enhancement of commerce;

"(3) the understanding and development of the space frontiers require a broad commitment and an intense involvement on the part of the Federal Government in partnership with State and local governments, private industry, universities, organizations, and individuals concerned with the exploration and utilization of space;

"(4) the National Aeronautics and Space Administration, through the national space grant college and fellowship program, offers the most suitable means for such commitment and involvement through the promotion of activities that will result in greater understanding, assessment, development, and utilization; and

"(5) Federal support of the establishment, development, and operation of programs and projects by space grant colleges, space grant regional consortia, institutions of higher education, institutes, laboratories, and other appropriate public and private entities is the most cost-effective way to promote such activities."

[For definition of terms used in section 202 of Pub. L. 100–147, set out above, see section 204 of Pub. L. 100–147, title II, Oct. 30, 1987, 101 Stat. 870, which was classified to former section 2486b of Title 42, The Public Health and Welfare, and was repealed and reenacted as section 40302 of this title by Pub. L. 111–314, §§3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.]

§40302. Definitions

In this chapter:

(1) Aeronautical and space activities.—The term "aeronautical and space activities" has the meaning given the term in section 20103 of this title.

(2) Field related to space.—The term "field related to space" means any academic discipline or field of study (including the physical, natural, and biological sciences, and engineering, space technology, education, economics, sociology, communications, planning, law, international affairs, and public administration) which is concerned with or likely to improve the understanding, assessment, development, and utilization of space.

(3) Panel.—The term "panel" means the space grant review panel established pursuant to section 40308 of this title.

(4) Person.—The term "person" means any individual, any public or private corporation, partnership, or other association or entity (including any space grant college, space grant regional consortium, institution of higher education, institute, or laboratory), or any State, political subdivision of a State, or agency or officer of a State or political subdivision of a State.

(5) Space environment.—The term "space environment" means the environment beyond the sensible atmosphere of the Earth.

(6) Space grant college.—The term "space grant college" means any public or private institution of higher education which is designated as such by the Administrator pursuant to section 40306 of this title.

(7) Space grant program.—The term "space grant program" means any program that—

(A) is administered by any space grant college, space grant regional consortium, institution of higher education, institute, laboratory, or State or local agency; and

(B) includes 2 or more projects involving education and one or more of the following activities in the fields related to space:

(i) Research.

(ii) Training.

(iii) Advisory services.

(8) Space grant regional consortium.—The term "space grant regional consortium" means any association or other alliance that is designated as a space grant regional consortium by the Administrator pursuant to section 40306 of this title.

(9) Space resource.—The term "space resource" means any tangible or intangible benefit which can be realized only from—

(A) aeronautical and space activities; or

(B) advancements in any field related to space.

(10) State.—The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3383.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40302	42 U.S.C. 2486b.	Pub. L. 100–147, title II, §204, Oct. 30, 1987, 101 Stat. 870.

The definitions of "Administration" and "Administrator" in section 204 of the National Space Grant College and Fellowship Act (Public Law 100–147, title II, 101 Stat. 870) are omitted as unnecessary because of the definitions added by section 10101 of title 51.

§40303. National space grant college and fellowship program

(a) Establishment.—The Administrator shall establish and maintain, within the Administration, a program to be known as the national space grant college and fellowship program. The national space grant college and fellowship program shall consist of the financial assistance and other activities provided for in this chapter. The Administrator shall establish long-range planning guidelines and priorities, and adequately evaluate the program.

(b) Functions.—Within the Administration, the program shall—

(1) apply the long-range planning guidelines and the priorities established by the Administrator under subsection (a);

(2) advise the Administrator with respect to the expertise and capabilities which are available through the national space grant college and fellowship program, and make such expertise available to the Administration as directed by the Administrator;

(3) evaluate activities conducted under grants and contracts awarded pursuant to sections 40304 and 40305 of this title to ensure that the purposes set forth in section 40301 of this title are implemented;

(4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the national space grant college and fellowship program, on a cooperative or other basis;

(5) encourage cooperation and coordination with other Federal programs concerned with the development of space resources and fields related to space;

(6) advise the Administrator on the designation of recipients supported by the national space grant college and fellowship program and, in appropriate cases, on the termination or suspension of any such designation; and

(7) encourage the formation and growth of space grant and fellowship programs.

(c) General Authorities.—To carry out the provisions of this chapter, the Administrator may—

(1) accept conditional or unconditional gifts or donations of services, money, or property, real, personal or mixed, tangible or intangible;

(2) accept and use funds from other Federal departments, agencies, and instrumentalities to pay for fellowships, grants, contracts, and other transactions; and

(3) issue such rules and regulations as may be necessary and appropriate.

(d) Program Administration Costs.—In carrying out the provisions of this chapter, the Administrator—

(1) shall maximize appropriated funds for grants and contracts made under section 40304 in each fiscal year; and

(2) in each fiscal year, the Administrator shall limit its program administration costs to no more than 5 percent of funds appropriated for this program for that fiscal year.

(e) Reports.—For any fiscal year in which the Administrator cannot meet the administration cost target under subsection (d)(2), if the Administration is unable to limit program costs under subsection (b), the Administrator shall submit to the appropriate committees of Congress a report, including—

(1) a description of why the Administrator did not meet the cost target under subsection (d); and

(2) the measures the Administrator will take in the next fiscal year to meet the cost target under subsection (d) without drawing upon other Federal funding.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3383; Pub. L. 114–329, title III, §302(b), Jan. 6, 2017, 130 Stat. 3003.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40303	42 U.S.C. 2486c.	Pub. L. 100–147, title II, §205, Oct. 30, 1987, 101 Stat. 871.

Editorial Notes

Amendments

2017—Subsecs. (d), (e). Pub. L. 114–329 added subsecs. (d) and (e).

§40304. Grants or contracts

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

(b) Special Grants.—The Administrator may make special grants under this subsection to carry out the purposes set forth in section 40301 of this title. The amount of a special grant may equal up to 100 percent of the total cost of the project involved. A special grant may be made under this subsection only if the Administrator finds that—

(1) no reasonable means is available through which the applicant can meet the matching requirement for a grant under subsection (a);

(2) the probable benefit of the project outweighs the public interest in the matching requirement; and

(3) the same or equivalent benefit cannot be obtained through the award of a contract or grant under subsection (a) or section 40305 of this title.

(c) Application.—Any person may apply to the Administrator for a grant or contract under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Administrator shall by regulation prescribe.

(d) Terms and Conditions.—

(1) In general.—Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2) and (3) and to such other terms, conditions, and requirements as the Administrator considers necessary or appropriate.

(2) Limitations.—No payment under any grant or contract under this section may be applied to—

(A) the purchase of any land;

(B) the purchase, construction, preservation, or repair of any building; or

(C) the purchase or construction of any launch facility or launch vehicle.

(3) Leases.—Notwithstanding paragraph (2), the items in subparagraphs (A), (B), and (C) of such paragraph may be leased upon written approval of the Administrator.

(4) Records.—Any person that receives or utilizes any proceeds of any grant or contract under this section shall keep such records as the Administrator shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount, if any, of such cost which was provided through other sources. Such records shall be maintained for 3 years after the completion of such a program or project. The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and evaluation, to any books, documents, papers, and records of receipts which, in the opinion of the Administrator or the Comptroller General, may be related or pertinent to such grants and contracts.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3384.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40304	42 U.S.C. 2486d.	Pub. L. 100–147, title II, §206, Oct. 30, 1987, 101 Stat. 872.

In subsection (a), the words "not more than 66 percent" are substituted for "66 percent, or any lesser percent", and the word "except" is substituted for "except that this limitation shall not apply", for clarity and to eliminate unnecessary words.

In subsection (b), the words "up to 100 percent" are substituted for "100 percent, or any lesser percent" to eliminate unnecessary words.

§40305. Specific national needs

(a) Identification of Specific Needs and Grant-Making and Contracting Authority.—The Administrator shall identify specific national needs and problems relating to space. The Administrator may make grants or enter into contracts under this section with respect to such needs or problems. The amount of any such grant or contract may equal up to 100 percent of the total cost of the project involved.

(b) Applications for Grants or Contracts.—Any person may apply to the Administrator for a grant or contract under this section. In addition, the Administrator may invite applications with respect to specific national needs or problems identified under subsection (a). Application shall be made in such form and manner, and with such content and other submissions, as the Administrator shall by regulation prescribe. Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2) and (4) of section 40304(d) of this title and to such other terms, conditions, and requirements as the Administrator considers necessary or appropriate.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3385.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40305	42 U.S.C. 2486e.	Pub. L. 100–147, title II, §207, Oct. 30, 1987, 101 Stat. 873.

In subsection (a), the words "up to 100 percent" are substituted for "100 percent, or any lesser percent" to eliminate unnecessary words.

§40306. Space grant college and space grant regional consortium

(a) Designation and Qualifications.—

(1) Authority to designate.—The Administrator may designate—

(A) any institution of higher education as a space grant college; and

(B) any association or other alliance of 2 or more persons, other than individuals, as a space grant regional consortium.

(2) Space grant college requirements.—No institution of higher education may be designated as a space grant college unless the Administrator finds that such institution—

(A) is maintaining a balanced program of research, education, training, and advisory services in fields related to space;

(B) will act in accordance with such guidelines as are prescribed under subsection (b)(2); and

(C) meets such other qualifications as the Administrator considers necessary or appropriate.

(3) Space grant regional consortium requirements.—No association or other alliance of 2 or more persons may be designated as a space grant regional consortium unless the Administrator finds that such association or alliance—

(A) is established for the purpose of sharing expertise, research, educational facilities or training facilities, and other capabilities in order to facilitate research, education, training, and advisory services in any field related to space;

(B) will encourage and follow a regional approach to solving problems or meeting needs relating to space, in cooperation with appropriate space grant colleges, space grant programs, and other persons in the region;

(C) will act in accordance with such guidelines as are prescribed under subsection (b)(2); and

(D) meets such other qualifications as the Administrator considers necessary or appropriate.

(b) Qualifications and Guidelines.—The Administrator shall by regulation prescribe—

(1) the qualifications required to be met under paragraphs (2)(C) and (3)(D) of subsection (a); and

(2) guidelines relating to the activities and responsibilities of space grant colleges and space grant regional consortia.

(c) Suspension or Termination of Designation.—The Administrator may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3386.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40306	42 U.S.C. 2486f.	Pub. L. 100–147, title II, §208, Oct. 30, 1987, 101 Stat. 873.

§40307. Space grant fellowship program

(a) Award of Fellowships.—The Administrator shall support a space grant fellowship program to provide educational and training assistance to qualified individuals at the graduate level of education in fields related to space. Such fellowships shall be awarded pursuant to guidelines established by the Administrator. Space grant fellowships shall be awarded to individuals at space grant colleges, space grant regional consortia, other colleges and institutions of higher education, professional associations, and institutes in such a manner as to ensure wide geographic and institutional diversity in the pursuit of research under the fellowship program.

(b) Limitation on Amount Provided.—The total amount which may be provided for grants under the space grant fellowship program during any fiscal year shall not exceed an amount equal to 50 percent of the total funds appropriated for such year pursuant to this chapter.

(c) Authority To Sponsor Other Research Fellowship Programs Unaffected.—Nothing in this section shall be construed to prohibit the Administrator from sponsoring any research fellowship program, including any special emphasis program, which is established under an authority other than this chapter.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3387.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40307	42 U.S.C. 2486g.	Pub. L. 100–147, title II, §209, Oct. 30, 1987, 101 Stat. 874.

§40308. Space grant review panel

(a) Establishment.—The Administrator shall establish an independent committee known as the space grant review panel, which shall not be subject to the provisions of the Federal Advisory Committee Act (5 App. U.S.C.).

(b) Duties.—The panel shall take such steps as may be necessary to review, and shall advise the Administrator with respect to—

(1) applications or proposals for, and performance under, grants and contracts awarded pursuant to sections 40304 and 40305 of this title;

(2) the space grant fellowship program;

(3) the designation and operation of space grant colleges and space grant regional consortia, and the operation of space grant and fellowship programs;

(4) the formulation and application of the planning guidelines and priorities pursuant to subsections (a) and (b)(1) of section 40303 of this title; and

(5) such other matters as the Administrator refers to the panel for review and advice.

(c) Personnel and Administrative Services.—The Administrator shall make available to the panel any information, personnel, and administrative services and assistance which is reasonable to carry out the duties of the panel.

(d) Members.—

(1) Appointment.—The Administrator shall appoint the voting members of the panel. A majority of the voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields related to space. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, extension services, State government, industry, economics, planning, or any other activity related to efforts to enhance the understanding, assessment, development, or utilization of space resources. The Administrator shall consider the potential conflict of interest of any individual in making appointments to the panel.

(2) Chairman and vice chairman.—The Administrator shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman.

(3) Reimbursement for expenses.—Voting members of the panel who are not Federal employees shall be reimbursed for actual and reasonable expenses incurred in the performance of such duties.

(4) Meetings.—The panel shall meet on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Administrator.

(5) Powers.—The panel may exercise such powers as are reasonably necessary in order to carry out the duties enumerated in subsection (b).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3387.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40308	42 U.S.C. 2486h.	Pub. L. 100–147, title II, §210, Oct. 30, 1987, 101 Stat. 874.

In subsection (a), the word "provisions" is substituted for "provisons" to correct an error in the law.

Editorial Notes

References in Text

The Federal Advisory Committee Act, referred to in subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to Title 5, Government Organization and Employees.

§40309. Availability of other Federal personnel and data

Each department, agency, or other instrumentality of the Federal Government that is engaged in or concerned with, or that has authority over, matters relating to space—

(1) may, upon a written request from the Administrator, make available, on a reimbursable basis or otherwise, any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Administrator considers necessary to carry out any provision of this chapter;

(2) may, upon a written request from the Administrator, furnish any available data or other information which the Administrator considers necessary to carry out any provision of this chapter; and

(3) may cooperate with the Administration.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3388.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40309	42 U.S.C. 2486i.	Pub. L. 100–147, title II, §211, Oct. 30, 1987, 101 Stat. 875.

§40310. Designation or award to be on competitive basis

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3388.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40310	42 U.S.C. 2486k.	Pub. L. 100–147, title II, §213, Oct. 30, 1987, 101 Stat. 875.

The date "October 30, 1987" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Space Grant College and Fellowship Act, which is title II of the National Aeronautics and Space Administration Authorization Act of 1988 (Public Law 100–147, 101 Stat. 860).

§40311. Continuing emphasis

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3388.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40311	42 U.S.C. 17781(c).	Pub. L. 110–422, title VII, §704(c), Oct. 15, 2008, 122 Stat. 4803.

CHAPTER 405—BIOMEDICAL RESEARCH IN SPACE

        

§40501. Biomedical research joint working group

(a) Establishment.—The Administrator and the Director of the National Institutes of Health shall jointly establish a working group to coordinate biomedical research activities in areas where a microgravity environment may contribute to significant progress in the understanding and treatment of diseases and other medical conditions. The joint working group shall formulate joint and complementary programs in such areas of research.

(b) Membership.—The joint working group shall include equal representation from the Administration and the National Institutes of Health, and shall include representation from National Institutes of Health councils, as selected by the Director of the National Institutes of Health, and from the National Aeronautics and Space Administration Advisory Council.

(c) Annual Biomedical Research Symposia.—The joint working group shall organize annual symposia on biomedical research described in subsection (a) under the joint sponsorship of the Administration and the National Institutes of Health.

(d) Annual Reporting Requirement.—The joint working group shall report annually to Congress on its progress in carrying out this section.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40501	42 U.S.C. 2487a.	Pub. L. 102–588, title VI, §602, Nov. 4, 1992, 106 Stat. 5130.

Statutory Notes and Related Subsidiaries

Findings

Pub. L. 102–588, title VI, §601, Nov. 4, 1992, 106 Stat. 5130, provided that: "The Congress finds that—

"(1) the space program can make significant contributions to selected areas of health-related research and should be an integral part of the Nation's health research and development program;

"(2) the continuing development of trained scientists and engineers is essential to carrying out an effective and sustained program of biomedical research in space and on the ground;

"(3) the establishment and maintenance of an electronically accessible archive of data on space-related biomedical research is essential to advancement of the field;

"(4) cooperation with the republics of the former Soviet Union, including use of former Soviet orbital facilities, offers the potential for greatly enhanced biomedical research activities and progress; and

"(5) the establishment and maintenance of an international telemedicine consultation satellite capability to support emergency medical service provision can provide an important aid to disaster relief efforts."

§40502. Biomedical research grants

(a) Establishment of Program.—The Administrator and the Director of the National Institutes of Health shall establish a joint program of biomedical research grants in areas described in section 40501(a) of this title, where such research requires access to a microgravity environment. Such program shall be consistent with actions taken by the joint working group under section 40501 of this title.

(b) Research Opportunity Announcements.—The grants program established under subsection (a) shall annually issue joint research opportunity announcements under the sponsorship of the National Institutes of Health and the Administration. Responses to the announcements shall be evaluated by a peer review committee whose members shall be selected by the Director of the National Institutes of Health and the Administrator, and shall include individuals not employed by the Administration or the National Institutes of Health.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40502	42 U.S.C. 2487b.	Pub. L. 102–588, title VI, §603, Nov. 4, 1992, 106 Stat. 5130.

§40503. Biomedical research fellowships

The Administrator and the Director of the National Institutes of Health shall create a joint program of graduate research fellowships in biomedical research described in section 40501(a) of this title. Fellowships under such program may provide for participation in approved research conferences and symposia.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40503	42 U.S.C. 2487c.	Pub. L. 102–588, title VI, §604, Nov. 4, 1992, 106 Stat. 5131.

§40504. Establishment of electronic data archive

The Administrator shall create and maintain a national electronic data archive for biomedical research data obtained from space-based experiments.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40504	42 U.S.C. 2487e.	Pub. L. 102–588, title VI, §606, Nov. 4, 1992, 106 Stat. 5131.

§40505. Establishment of emergency medical service telemedicine capability

The Administrator, the Administrator of the Federal Emergency Management Agency, the Director of the Office of Foreign Disaster Assistance, and the Surgeon General of the United States shall jointly create and maintain an international telemedicine satellite consultation capability to support emergency medical services in disaster-stricken areas.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40505	42 U.S.C. 2487f.	Pub. L. 102–588, title VI, §607, Nov. 4, 1992, 106 Stat. 5131; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.

The words "Office of Foreign Disaster Assistance" are substituted for "Office of Foreign Disaster" to correct an error in the law.

CHAPTER 407—ENVIRONMENTALLY FRIENDLY AIRCRAFT

        

§40701. Research and development initiative

The Administrator may establish an initiative with the objective of developing, and demonstrating in a relevant environment, technologies to enable the following commercial aircraft performance characteristics:

(1) Noise levels.—Noise levels on takeoff and on airport approach and landing that do not exceed ambient noise levels in the absence of flight operations in the vicinity of airports from which such commercial aircraft would normally operate.

(2) Energy consumption.—Twenty-five percent reduction in the energy required for medium- to long-range flights, compared to aircraft in commercial service as of December 30, 2005.

(3) Emissions.—Nitrogen oxides on take-off and landing that are significantly reduced, without adversely affecting hydrocarbons and smoke, relative to aircraft in commercial service as of December 30, 2005.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3390.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40701	42 U.S.C. 16722(a).	Pub. L. 109–155, title IV, §422(a), Dec. 30, 2005, 119 Stat. 2924.

In paragraphs (2) and (3), 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).

§40702. Additional research and development initiative

The Administrator shall establish an initiative involving the Administration, universities, industry, and other research organizations as appropriate, of research, development, and demonstration, in a relevant environment, of technologies to enable the following commercial aircraft performance characteristics:

(1) Noise levels.—Noise levels on takeoff and on airport approach and landing that do not exceed ambient noise levels in the absence of flight operations in the vicinity of airports from which such commercial aircraft would normally operate, without increasing energy consumption or nitrogen oxide emissions compared to aircraft in commercial service as of October 15, 2008.

(2) Greenhouse gas emissions.—Significant reductions in greenhouse gas emissions compared to aircraft in commercial services as of October 15, 2008.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3390.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40702	42 U.S.C. 17721.	Pub. L. 110–422, title III, §302, Oct. 15, 2008, 122 Stat. 4786.

In paragraphs (1) and (2), 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 (Public Law 110–422, 122 Stat. 4779).

§40703. Research alignment

In addition to pursuing the research and development initiative described in section 40702 of this title, the Administrator shall, to the maximum extent practicable within available funding, align the fundamental aeronautics research program to address high priority technology challenges of the National Academies' Decadal Survey of Civil Aeronautics, and shall work to increase the degree of involvement of external organizations, and especially of universities, in the fundamental aeronautics research program.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3390.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40703	42 U.S.C. 17722.	Pub. L. 110–422, title III, §303, Oct. 15, 2008, 122 Stat. 4787.

§40704. Research program on perceived impact of sonic booms

(a) Establishment.—The Administrator shall establish a cooperative research program with industry, including the conduct of flight demonstrations in a relevant environment, to collect data on the perceived impact of sonic booms. The data could enable the promulgation of appropriate standards for overland commercial supersonic flight operations.

(b) Coordination.—The Administrator shall ensure that sonic boom research is coordinated as appropriate with the Administrator of the Federal Aviation Administration, and as appropriate make use of the expertise of the Partnership for Air Transportation Noise and Emissions Reduction Center of Excellence sponsored by the Administration and the Federal Aviation Administration.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3391.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40704(a)	42 U.S.C. 17723(b).	Pub. L. 110–422, title III, §304(b), (c), Oct. 15, 2008, 122 Stat. 4787.
40704(b)	42 U.S.C. 17723(c).

Statutory Notes and Related Subsidiaries

Purpose

Pub. L. 110–422, title III, §304(a), Oct. 15, 2008, 122 Stat. 4787, provided that: "The ability to fly commercial aircraft over land at supersonic speeds without adverse impacts on the environment or on local communities would open new markets and enable new transportation capabilities. In order to have the basis for establishing appropriate sonic boom standards for such flight operations, a research program is needed to assess the impact in a relevant environment of commercial supersonic flight operations."

CHAPTER 409—MISCELLANEOUS

        

Statutory Notes and Related Subsidiaries

NASA Internship and Fellowship Opportunities

Pub. L. 115–303, §3, Dec. 11, 2018, 132 Stat. 4399, provided that: "Not later than October 1, 2018, the Administrator of the National Aeronautics and Space Administration (in this section referred to as 'NASA') shall institute a process to encourage the recruitment of qualified candidates who are women or individuals who are underrepresented in the fields of science, technology, engineering, and mathematics (STEM) and computer science for internships and fellowships at NASA with relevance to the aerospace sector and related fields."

Education and Outreach

Pub. L. 115–10, title VIII, §824, Mar. 21, 2017, 131 Stat. 64, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) United States competitiveness in the 21st century requires engaging the science, technology, engineering, and mathematics (referred to in this section as 'STEM') talent in all States;

"(2) the [National Aeronautics and Space] Administration is uniquely positioned to educate and inspire students and the broader public on STEM subjects and careers;

"(3) the Administration's Education and Communication Offices, Mission Directorates, and Centers have been effective in delivering educational content because of the strong engagement of Administration scientists and engineers in the Administration's education and outreach activities;

"(4) the Administration's education and outreach programs, including the Experimental Program to Stimulate Competitive Research (EPSCoR) and the Space Grant College and Fellowship Program, reflect the Administration's successful commitment to growing and diversifying the national science and engineering workforce; and

"(5) in order to grow and diversify the Nation's engineering workforce, it is vital for the Administration to bolster programs, such as High Schools United with NASA to Create Hardware (HUNCH) program, that conduct outreach activities to underserved rural communities, vocational schools, and tribal colleges and universities and encourage new participation in the STEM workforce.

"(b) Continuation of Education and Outreach Activities and Programs.—

"(1) In general.—The Administrator [of the National Aeronautics and Space Administration] shall continue engagement with the public and education opportunities for students via all the Administration's mission directorates to the maximum extent practicable.

"(2) Report.—Not later than 60 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Science, Space, and Technology of the House of Representatives] a report on the Administration's near-term outreach plans for advancing space law education."

Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women

Pub. L. 115–7, Feb. 28, 2017, 131 Stat. 13, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Inspiring the Next Space Pioneers, Innovators, Researchers, and Explorers (INSPIRE) Women Act'.

"SEC. 2. FINDINGS.

"The Congress finds that—

"(1) NASA GIRLS and NASA BOYS are virtual mentoring programs using commercially available video chat programs to pair National Aeronautics and Space Administration mentors with young students anywhere in the country. NASA GIRLS and NASA BOYS give young students the opportunity to interact and learn from real engineers, scientists, and technologists.

"(2) The Aspire to Inspire (A2I) program engages young girls to present science, technology, engineering, and mathematics (STEM) career opportunities through the real lives and jobs of early career women at NASA.

"(3) The Summer Institute in Science, Technology, Engineering, and Research (SISTER) program at the Goddard Space Flight Center is designed to increase awareness of, and provide an opportunity for, female middle school students to be exposed to and explore nontraditional career fields with Goddard Space Flight Center women engineers, mathematicians, scientists, technicians, and researchers.

"SEC. 3. SUPPORTING WOMEN'S INVOLVEMENT IN THE FIELDS OF AEROSPACE AND SPACE EXPLORATION.

"The Administrator of the National Aeronautics and Space Administration shall encourage women and girls to study science, technology, engineering, and mathematics, pursue careers in aerospace, and further advance the Nation's space science and exploration efforts through support of the following initiatives:

"(1) NASA GIRLS and NASA BOYS.

"(2) Aspire to Inspire.

"(3) Summer Institute in Science, Technology, Engineering, and Research.

"SEC. 4. PLAN.

"Not later than 90 days after the date of enactment of this Act [Feb. 28, 2017], the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for how NASA can best facilitate and support both current and retired astronauts, scientists, engineers, and innovators, including early career female astronauts, scientists, engineers, and innovators, to engage with K–12 female STEM students and inspire the next generation of women to consider participating in the fields of science, technology, engineering, and mathematics and to pursue careers in aerospace. This plan shall—

"(1) report on existing activities with current and retired NASA astronauts, scientists, engineers, and innovators;

"(2) identify how NASA could best leverage existing authorities to facilitate and support current and retired astronaut, scientist, engineer, and innovator participation in NASA outreach efforts;

"(3) propose and describe a program specific to retired astronauts, scientists, engineers, and innovators; and

"(4) identify any additional authorities necessary to institute such a program."

NASA's Contribution to Education

Pub. L. 111–358, title II, §202, Jan. 4, 2011, 124 Stat. 3993, provided that:

"(a) Sense of Congress.—It is the sense of Congress that NASA [National Aeronautics and Space Administration] is uniquely positioned to interest students in science, technology, engineering, and mathematics, not only by the example it sets, but through its education programs.

"(b) Educational Program Goals.—NASA shall develop and maintain educational programs—

"(1) to carry out and support research based programs and activities designed to increase student interest and participation in STEM, including students from minority and underrepresented groups;

"(2) to improve public literacy in STEM;

"(3) that employ proven strategies and methods for improving student learning and teaching in STEM;

"(4) to provide curriculum support materials and other resources that—

"(A) are designed to be integrated with comprehensive STEM education;

"(B) are aligned with national science education standards;

"(C) promote the adoption and implementation of high-quality education practices that build toward college and career-readiness; and

"(5) to create and support opportunities for enhanced and ongoing professional development for teachers using best practices that improve the STEM content and knowledge of the teachers, including through programs linking STEM teachers with STEM educators at the higher education level."

[For definition of "STEM" as used in section 202 of Pub. L. 111–358, set out above, see section 2 of Pub. L. 111–358, set out as a note under section 6621 of Title 42, The Public Health and Welfare.]

Reports

Pub. L. 109–155, title I, §102, Dec. 30, 2005, 119 Stat. 2905, provided that:

"(a) National Awareness Campaign.—

"(1) In general.—The Administrator [of the National Aeronautics and Space Administration] shall implement, beginning not later than May 1, 2006, a national awareness campaign through various media, including print, radio, television, and the Internet, to articulate missions, publicize recent accomplishments, and facilitate efforts to encourage young Americans to enter the fields of science, mathematics, and engineering to help maintain United States leadership in those fields.

"(2) Reports.—(A) Not later than April 1, 2006, the Administrator shall transmit a plan to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the activities that will be undertaken as part of the national awareness campaign required by paragraph (1) and the expected cost of those activities. NASA [National Aeronautics and Space Administration] may undertake activities as part of the national awareness campaign prior to the transmittal of the plan required by this subparagraph, but the plan shall include a description of any activities undertaken prior to the transmittal and the estimated cost of those activities.

"(B) Not later than three years after the date of enactment of this Act [Dec. 30, 2005], the Administrator shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an assessment of the impact of the national awareness campaign.

"(b) Budget Information.—Not later than April 30, 2006, the Administrator shall transmit to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing—

"(1) the expected cost of the Crew Exploration Vehicle through fiscal year 2020, based on the public specifications for that development contract; and

"(2) the expected budgets for each fiscal year through 2020 for human spaceflight, aeronautics, space science, and earth science—

"(A) first assuming inflationary growth for the budget of NASA as a whole and including costs for the Crew Exploration Vehicle as projected under paragraph (1); and

"(B) then assuming inflationary growth for the budget of NASA as a whole and including at least two cost estimates for the Crew Exploration Vehicle that are higher than those projected under paragraph (1), based on NASA's past experience with cost increases for similar programs, along with a description of the reasons for selecting the cost estimates used for the calculations under this subparagraph and the confidence level for each of the cost estimates used in this section.

"(c) Space Communications Plan.—

"(1) Plan.—The Administrator shall develop a plan, in consultation with relevant Federal agencies, for updating NASA's space communications architecture for both low-Earth orbital operations and deep space exploration so that it is capable of meeting NASA's needs over the next 20 years. The plan shall include life-cycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles. The plan shall also include an estimate of the amounts of any reimbursements NASA is likely to receive from other Federal agencies during the expected life of the upgrades described in the plan. At a minimum, the plan shall include a description of the following:

"(A) Projected Deep Space Network requirements for the next 20 years, including those in support of human space exploration missions.

"(B) Upgrades needed to support Deep Space Network requirements.

"(C) Cost estimates for the maintenance of existing Deep Space Network capabilities.

"(D) Cost estimates and schedules for the upgrades described in subparagraph (B).

"(E) Projected Tracking and Data Relay Satellite System requirements for the next 20 years, including those in support of other relevant Federal agencies.

"(F) Cost and schedule estimates to maintain and upgrade the Tracking and Data Relay Satellite System to meet projected requirements.

"(2) Consultations.—The Administrator shall consult with other relevant Federal agencies in developing the plan under this subsection.

"(3) Schedule.—The Administrator shall transmit the plan under this subsection to the Committee on Science [now 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 February 17, 2007.

"(d) Joint Dark Energy Mission.—The Administrator and the Director of the Department of Energy Office of Science shall jointly transmit to the Committee on Science [now 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 July 15, 2006, a report on plans for a Joint Dark Energy Mission. The report shall include the amount of funds each agency intends to expend on the Joint Dark Energy Mission for each of the fiscal years 2007 through 2011, and any specific milestones for the development and launch of the Mission.

"(e) Office of Science and Technology Policy.—

"(1) Study.—As part of ongoing efforts to coordinate research and development across the Federal agencies, the Director of the Office of Science and Technology Policy shall conduct a study to determine—

"(A) if any research and development programs of NASA are unnecessarily duplicating aspects of programs of other Federal agencies; and

"(B) if any research and development programs of NASA are neglecting any topics of national interest that are related to the mission of NASA.

"(2) Report.—Not later than one year after the date of enactment of this Act [Dec. 30, 2005], the Director of the Office of Science and Technology Policy shall transmit to the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—

"(A) describes the results of the study under paragraph (1);

"(B) lists the research and development programs of Federal agencies other than NASA that were reviewed as part of the study, which shall include any program supporting research and development in an area related to the programs of NASA, and the most recent budget figures for those programs of other agencies;

"(C) recommends any changes to the research and development programs of NASA that should be made in response to the findings of the study required by paragraph (1); and

"(D) describes mechanisms the Office of Science and Technology Policy will use to ensure adequate coordination between NASA and Federal agencies that operate related programs.

"(3) Contract.—The Director of the Office of Science and Technology Policy may contract with a nongovernmental entity to conduct the study required by paragraph (1)."

Review of MUST Program

Pub. L. 109–155, title VI, §617, Dec. 30, 2005, 119 Stat. 2934, provided that: "Not later than 60 days after the date of enactment of this Act [Dec. 30, 2005], the Administrator [of the National Aeronautics and Space Administration] shall transmit a report to Congress on the legal status of the Motivating Undergraduates in Science and Technology program. If the report concludes that the program is in compliance with the laws of the United States, NASA [National Aeronautics and Space Administration] shall implement the program, as planned in the July 5, 2005, NASA Research Announcement."

Denial of Financial Assistance to Campus Disrupters

Pub. L. 92–304, §6, May 19, 1972, 86 Stat. 161, provided generally that any institution of higher education deny for a two-year period payment under programs authorized by the National Aeronautics and Space Act of 1958 (see 51 U.S.C. 20101 et seq.) to any individual attending or employed by such institution who has been convicted of any crime committed after May 19, 1972, which involved the use of force, disruption or seizure of property to prevent officers or students from engaging in their duties or pursuing their studies. Similar provisions were contained in the following prior appropriation acts:

Pub. L. 92–68, §6, Aug. 6, 1971, 85 Stat. 177.

Pub. L. 91–303, §6, July 2, 1970, 84 Stat. 372.

Pub. L. 91–119, §7, Nov. 18, 1969, 83 Stat. 201.

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

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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3391.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40901	42 U.S.C. 2467.	Pub. L. 100–404, title II, (par. under heading "Science, Space, and Technology Education Trust Fund", at 102 Stat. 1028), Aug. 19, 1988, 102 Stat. 1028; Pub. L. 103–327, title III, Sept. 28, 1994, 108 Stat. 2328.

In the first sentence, the words "the Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1989 (Public Law 100–404, 102 Stat. 1014)" are substituted for "this Act" to clarify the reference.

In the second sentence, the words "of the Treasury" are inserted after "the Secretary" for clarity.

In the sixth sentence, the word "hereafter", which appeared after "each calendar quarter", is omitted as unnecessary.

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

(a) Establishment.—There is established in the Treasury of the United States, in tribute to the dedicated crew of the Space Shuttle Challenger, a trust fund to be known as the National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund (hereafter in this section referred to as the "Trust Fund"). The Trust Fund shall consist of amounts which may from time to time, at the discretion of the Administrator, be transferred from the National Aeronautics and Space Administration Gifts and Donations Trust Fund.

(b) Investment of Trust Fund.—The Administrator shall direct the Secretary of the Treasury to invest and reinvest funds in the Trust Fund in public debt securities with maturities suitable for the needs of the Trust Fund, and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Interest earned shall be credited to the Trust Fund.

(c) Purpose.—Income accruing from the Trust Fund principal shall be used to create the National Aeronautics and Space Administration Endeavor Teacher Fellowship Program, to the extent provided in advance in appropriation Acts. The Administrator is authorized to use such funds to award fellowships to selected United States nationals who are undergraduate students pursuing a course of study leading to certified teaching degrees in elementary education or in secondary education in mathematics, science, or technology disciplines. Awards shall be made pursuant to standards established for the fellowship program by the Administrator.

(d) Availability of Funds.—The interest accruing from the National Aeronautics and Space Administration Endeavor Teacher Fellowship Trust Fund principal shall be available in fiscal year 2012 for the purpose of the Endeavor Science Teacher Certificate Program.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3391; Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 626.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40902	42 U.S.C. 2467a.	Pub. L. 102–195, §20, Dec. 9, 1991, 105 Stat. 1615.

In subsection (a), the words "The Trust Fund shall consist of amounts" are substituted for "The Trust Fund shall consist of gifts and donations accepted by the National Aeronautics and Space Administration pursuant to section 208 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2476b), as well as other amounts" because the Administration's authority to accept gifts or donations under section 208 of the National Aeronautics and Space Act of 1958 terminated 5 years after October 30, 1987.

Editorial Notes

Amendments

2011—Subsec. (d). Pub. L. 112–55 added subsec. (d).

§40903. Experimental Program to Stimulate Competitive Research—merit grant competition requirements

(a) Definition of Eligible State.—In this section, the term "eligible State" means a State designated by the Administrator as eligible to compete in the National Science Foundation's Experimental Program to Stimulate Competitive Research.

(b) Competition.—Making use of the existing infrastructure established in eligible States by the National Science Foundation, the Administrator shall conduct a merit grant competition among the eligible States in areas of research important to the mission of the Administration. With respect to a grant application by an eligible State, the Administrator shall consider—

(1) the application's merit and relevance to the mission of the Administration;

(2) the potential for the grant to serve as a catalyst to enhance the ability of researchers in the State to become more competitive for regular Administration funding;

(3) the potential for the grant to improve the environment for science, mathematics, and engineering education in the State; and

(4) the need to ensure the maximum distribution of grants among eligible States, consistent with merit.

(c) Supplemental Grants.—The Administrator shall endeavor, where appropriate, to supplement grants made under subsection (b) with such grants for fellowships, traineeships, equipment, or instrumentation as are available.

(d) Information in Annual Budget Submission.—In order to ensure that research expertise and talent throughout the Nation is developed and engaged in Administration research and education activities, the Administration shall, as part of its annual budget submission, detail additional steps that can be taken to further integrate the participating eligible States in both existing and new or emerging Administration research programs and center activities.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3392.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40903(a)	42 U.S.C. 2467b(c).	Pub. L. 102–588, title III, §304, Nov. 4, 1992, 106 Stat. 5120.
40903(b)	42 U.S.C. 2467b(a).
40903(c)	42 U.S.C. 2467b(b).
40903(d)	42 U.S.C. 17781(b).	Pub. L. 110–422, title VII, §704(b), Oct. 15, 2008, 122 Stat. 4802.

In subsection (d) the words "eligible States" are substituted for "EPSCoR States" for clarity and consistency in the section.

Statutory Notes and Related Subsidiaries

Congressional Findings and Policy

Pub. L. 102–588, title III, §§301–303, Nov. 4, 1992, 106 Stat. 5119, provided that:

"SEC. 301. SHORT TITLE.

"This title [see Tables for classification] may be cited as the 'Experimental Program to Stimulate Competitive Research on Space and Aeronautics Act'.

"SEC. 302. 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) the National Aeronautics and Space Administration's space science and applications, aeronautical research and technology, and space research and technology programs will serve as the fulcrum for future initiatives by the United States in civil space and aviation;

"(3) colleges and universities in many States are currently not able to compete successfully for research grants awarded by the National Aeronautics and Space Administration through its space science and applications, aeronautical research and technology, and space research and technology programs;

"(4) balanced programs of space science and applications, aeronautical research and technology, and space research and technology should include initiatives designed to foster competitive research capacity in all geographic areas of the Nation; and

"(5) by strengthening the competitive research capacity in those geographic areas of the Nation which are not currently fully competitive, the education and training of scientists and engineers important to the future of the United States civil space and aviation programs will be fostered.

"SEC. 303. POLICY.

"It is the policy of the United States that—

"(1) the Administrator [of the National Aeronautics and Space Administration], in planning for national programs in space science and applications, aeronautical research, space flight, and exploration, should ensure the resilience of the space and aeronautics research infrastructure;

"(2) a stable and balanced program of space science and applications, aeronautical research and technology, and space research and technology should include programs to assure that geographic areas of the United States that currently do not successfully participate in competitive space and aeronautical research activities are enabled to become more competitive; and

"(3) programs to improve competitive capabilities should be a part of the research and the educational activities of the National Aeronautics and Space Administration."

§40904. Microgravity research

The Administrator shall—

(1) ensure the capacity to support ground-based research leading to space-based basic and applied scientific research in a variety of disciplines with potential direct national benefits and applications that can be advanced significantly from the uniqueness of microgravity and the space environment; and

(2) carry out, to the maximum extent practicable, basic, applied, and commercial International Space Station research in fields such as molecular crystal growth, animal research, basic fluid physics, combustion research, cellular biotechnology, low-temperature physics, and cellular research at a level that will sustain the existing United States scientific expertise and research capability in microgravity research.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3393.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40904(1)	42 U.S.C. 16655(2).	Pub. L. 109–155, title III, §305(2), (3), Dec. 30, 2005, 119 Stat. 2918.
40904(2)	42 U.S.C. 16655(3).

§40905. Program to expand distance learning in rural underserved areas

(a) In General.—The Administrator shall develop or expand programs to extend science and space educational outreach to rural communities and schools through video conferencing, interpretive exhibits, teacher education, classroom presentations, and student field trips.

(b) Priorities.—In carrying out subsection (a), the Administrator shall give priority to existing programs, including Challenger Learning Centers—

(1) that utilize community-based partnerships in the field;

(2) that build and maintain video conference and exhibit capacity;

(3) that travel directly to rural communities and serve low-income populations; and

(4) with a special emphasis on increasing the number of women and minorities in the science and engineering professions.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3393.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40905	42 U.S.C. 16791.	Pub. L. 109–155, title VI, §612, Dec. 30, 2005, 119 Stat. 2932.

§40906. Equal access to the Administration's education programs

(a) In General.—The Administrator shall strive to ensure equal access for minority and economically disadvantaged students to the Administration's education programs.

(b) Report.—Every 2 years, the Administrator shall submit a report to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the efforts by the Administrator to ensure equal access for minority and economically disadvantaged students under this section and the results of such efforts. As part of the report, the Administrator shall provide—

(1) data on minority participation in the Administration's education programs, at a minimum in the categories of—

(A) elementary and secondary education;

(B) undergraduate education; and

(C) graduate education; and

(2) the total value of grants the Administration made to Historically Black Colleges and Universities and to Hispanic Serving Institutions through education programs during the period covered by the report.

(c) Program.—The Administrator shall establish the Dr. Mae C. Jemison Grant Program to work with Minority Serving Institutions to bring more women of color into the field of space and aeronautics.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3393.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40906	42 U.S.C. 16794.	Pub. L. 109–155, title VI, §615, Dec. 30, 2005, 119 Stat. 2934.

In subsection (b), in the matter before paragraph (1), the words "Every 2 years" are substituted for "Not later than 1 year after the date of enactment of this Act [December 30, 2005], and every 2 years thereafter" to eliminate obsolete language.

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).

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.

§40907. Museums

The Administrator may provide grants to, and enter into cooperative agreements with, museums and planetariums to enable them to enhance programs related to space exploration, aeronautics, space science, Earth science, or microgravity.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3394.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40907	42 U.S.C. 16795.	Pub. L. 109–155, title VI, §616, Dec. 30, 2005, 119 Stat. 2934.

§40908. Continuation of certain education programs

From amounts appropriated to the Administration for education programs, the Administrator shall ensure the continuation of the Space Grant Program, the Experimental Program to Stimulate Competitive Research, and, consistent with the results of the review under section 614 of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2933), the Administration Explorer School program, to motivate and develop the next generation of explorers.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3394.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40908	42 U.S.C. 16797.	Pub. L. 109–155, title VI, §618, Dec. 30, 2005, 119 Stat. 2934.

Editorial Notes

References in Text

Section 614 of the National Aeronautics and Space Administration Authorization Act of 2005, referred to in text, was classified to former section 16793 of Title 42, The Public Health and Welfare, and was omitted from the Code following the enactment of this title by Pub. L. 111–314.

§40909. Compliance with title IX of Education Amendments of 1972

To comply with title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Administrator shall conduct compliance reviews of at least 2 grantees annually.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3394.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
40909	42 U.S.C. 16798(b).	Pub. L. 109–155, title VI, §619(b), Dec. 30, 2005, 119 Stat. 2935.

Editorial Notes

References in Text

The Education Amendments of 1972, referred to in text, is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.

Subtitle V—Programs Targeting Commercial Opportunities

CHAPTER 501—SPACE COMMERCE

SUBCHAPTER I—GENERAL

        

SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

        

SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

        

Editorial Notes

Amendments

2017—Pub. L. 115–10, title IV, §416(c), Mar. 21, 2017, 131 Stat. 35, struck out item 50133 "Shuttle privatization".

SUBCHAPTER I—GENERAL

§50101. Definitions

In this chapter:

(1) Commercial provider.—The term "commercial provider" means any person providing space transportation services or other space-related activities, primary control of which is held by persons other than Federal, State, local, and foreign governments.

(2) Payload.—The term "payload" means anything that a person undertakes to transport to, from, or within outer space, or in suborbital trajectory, by means of a space transportation vehicle, but does not include the space transportation vehicle itself except for its components which are specifically designed or adapted for that payload.

(3) Space-related activities.—The term "space-related activities" includes research and development, manufacturing, processing, service, and other associated and support activities.

(4) Space transportation services.—The term "space transportation services" means the preparation of a space transportation vehicle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory.

(5) Space transportation vehicle.—The term "space transportation vehicle" means any vehicle constructed for the purpose of operating in, or transporting a payload to, from, or within, outer space, or in suborbital trajectory, and includes any component of such vehicle not specifically designed or adapted for a payload.

(6) State.—The term "State" means each of the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

(7) United states commercial provider.—The term "United States commercial provider" means a commercial provider, organized under the laws of the United States or of a State, that is—

(A) more than 50 percent owned by United States nationals; or

(B) a subsidiary of a foreign company and the Secretary of Transportation finds that—

(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through—

(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and

(II) significant contributions to employment in the United States; and

(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—

(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government-sponsored research and development similar to that authorized under this chapter;

(II) providing no barriers, to companies described in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States; and

(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A).

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3394.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50101	42 U.S.C. 14701.	Pub. L. 105–303, §2, Oct. 28, 1998, 112 Stat. 2843.

The definition of "Administrator" in section 2 of the Commercial Space Act of 1998 (Public Law 105–303, 112 Stat. 2843) is omitted as unnecessary because of the definition added by section 10101 of title 51.

Executive Documents

Space Policy Directive–2. Streamlining Regulations on Commercial Use of Space

Space Policy Directive–2, May 24, 2018, 83 F.R. 24901, 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 Homeland Security[,] the Secretary of Labor[,] the Director of National Intelligence[,] 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 Director of the Office of Science and Technology Policy[,] the Assistant to the President for Homeland Security and Counterterrorism[, and] the Chairman of the Joint Chiefs of Staff

Section 1. Policy. It is the policy of the executive branch to be prudent and responsible when spending taxpayer funds, and to recognize how government actions, including Federal regulations, affect private resources. It is therefore important that regulations adopted and enforced by the executive branch promote economic growth; minimize uncertainty for taxpayers, investors, and private industry; protect national security, public-safety, and foreign policy interests; and encourage American leadership in space commerce.

Sec. 2. Launch and Re-entry Licensing. (a) No later than February 1, 2019, the Secretary of Transportation shall review regulations adopted by the Department of Transportation that provide for and govern licensing of commercial space flight launch and re-entry for consistency with the policy set forth in section 1 of this memorandum and shall rescind or revise those regulations, or publish for notice and comment proposed rules rescinding or revising those regulations, as appropriate and consistent with applicable law.

(b) Consistent with the policy set forth in section 1 of this memorandum, the Secretary of Transportation shall consider the following:

(i) requiring a single license for all types of commercial space flight launch and re-entry operations; and

(ii) replacing prescriptive requirements in the commercial space flight launch and re-entry licensing process with performance-based criteria.

(c) In carrying out the review required by subsection (a) of this section, the Secretary of Transportation shall coordinate with the members of the National Space Council.

(d) The Secretary of Defense, the Secretary of Transportation, and the Administrator of the National Aeronautics and Space Administration shall coordinate to examine all existing U.S. Government requirements, standards, and policies associated with commercial space flight launch and re-entry operations from Federal launch ranges and, as appropriate and consistent with applicable law, to minimize those requirements, except those necessary to protect public safety and national security, that would conflict with the efforts of the Secretary of Transportation in implementing the Secretary's responsibilities under this section.

Sec. 3. Commercial Remote Sensing. (a) Within 90 days of the date of this memorandum [May 24, 2018], the Secretary of Commerce shall review the regulations adopted by the Department of Commerce under Title II of the Land Remote Sensing Policy Act of 1992 ([now] 51 U.S.C. 60101 et seq.) for consistency with the policy set forth in section 1 of this memorandum and shall rescind or revise those regulations, or publish for notice and comment proposed rules rescinding or revising those regulations, as appropriate and consistent with applicable law.

(b) In carrying out the review required by subsection (a) of this section, the Secretary of Commerce shall coordinate with the Secretary of State, the Secretary of Defense, the Administrator of the National Aeronautics and Space Administration, and, as appropriate, the Chairman of the Federal Communications Commission.

(c) Within 120 days of the date of the completion of the review required by subsection (a) of this section, the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Defense, shall transmit to the Director of the Office of Management and Budget a legislative proposal to encourage expansion of the licensing of commercial remote sensing activities. That proposal shall be consistent with the policy set forth in section 1 of this memorandum.

Sec. 4. Reorganization of the Department of Commerce. (a) To the extent permitted by law, the Secretary of Commerce shall consolidate in the Office of the Secretary of Commerce the responsibilities of the Department of Commerce with respect to the Department's regulation of commercial space flight activities.

(b) Within 30 days of the date of this memorandum, the Secretary of Commerce shall transmit to the Director of the Office of Management and Budget a legislative proposal to create within the Department of Commerce an entity with primary responsibility for administering the Department's regulation of commercial space flight activities.

Sec. 5. Radio Frequency Spectrum. (a) The Secretary of Commerce, in coordination with the Director of the Office of Science and Technology Policy, shall work with the Federal Communications Commission to ensure that Federal Government activities related to radio frequency spectrum are, to the extent permitted by law, consistent with the policy set forth in section 1 of this memorandum.

(b) Within 120 days of the date of this memorandum, the Secretary of Commerce and the Director of the Office of Science and Technology Policy, in consultation with the Chairman of the Federal Communications Commission, and in coordination with the members of the National Space Council, shall provide to the President, through the Executive Secretary of the National Space Council, a report on improving the global competitiveness of the United States space sector through radio frequency spectrum policies, regulation, and United States activities at the International Telecommunication Union and other multilateral forums.

Sec. 6. Review of Export Licensing Regulations. The Executive Secretary of the National Space Council, in coordination with the members of the National Space Council, shall:

(a) initiate a review of export licensing regulations affecting commercial space flight activity;

(b) develop recommendations to revise such regulations consistent with the policy set forth in section 1 of this memorandum and with applicable law; and

(c) submit such recommendations to the President, through the Vice President, no later than 180 days from the date of this memorandum.

Sec. 7. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(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 Transportation is authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.      

SUBCHAPTER II—PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

§50111. Commercialization of Space Station

(a) Policy.—Congress declares that a priority goal of constructing the International Space Station is the economic development of Earth orbital space. Congress further declares that free and competitive markets create the most efficient conditions for promoting economic development, and should therefore govern the economic development of Earth orbital space. Congress further declares that the use of free market principles in operating, servicing, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest possible engagement of commercial providers and participation of commercial users, will reduce Space Station operational costs for all partners and the Federal Government's share of the United States burden to fund operations.

(b) Use of United States Commercially Provided Services.—

(1) In general.—In order to stimulate commercial use of space, help maximize the utility and productivity of the International Space Station, and enable a commercial means of providing crew transfer and crew rescue services for the International Space Station, the Administration shall—

(A) make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable, if those commercial services have demonstrated the capability to meet Administration-specified ascent, entry, and International Space Station proximity operations safety requirements;

(B) limit, to the maximum extent practicable, the use of the Crew Exploration Vehicle to missions carrying astronauts beyond low Earth orbit once commercial crew transfer and crew rescue services that meet safety requirements become operational;

(C) facilitate, to the maximum extent practicable, the transfer of Administration-developed technologies to potential United States commercial crew transfer and rescue service providers, consistent with United States law; and

(D) issue a notice of intent, not later than 180 days after October 15, 2008, to enter into a funded, competitively awarded Space Act Agreement with 2 or more commercial entities for a Phase 1 Commercial Orbital Transportation Services crewed vehicle demonstration program.

(2) Congressional intent.—It is the intent of Congress that funding for the program described in paragraph (1)(D) shall not come at the expense of full funding of the amounts authorized under section 101(3)(A) of the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422, 122 Stat. 4783), and for future fiscal years, for Orion Crew Exploration Vehicle development, Ares I Crew Launch Vehicle development, or International Space Station cargo delivery.

(3) Additional technologies.—The Administration shall make International Space Station-compatible docking adaptors and other relevant technologies available to the commercial crew providers selected to service the International Space Station.

(4) Crew transfer and crew rescue services contract.—If a commercial provider demonstrates the capability to provide International Space Station crew transfer and crew rescue services and to satisfy Administration ascent, entry, and International Space Station proximity operations safety requirements, the Administration shall enter into an International Space Station crew transfer and crew rescue services contract with that commercial provider for a portion of the Administration's anticipated International Space Station crew transfer and crew rescue requirements from the time the commercial provider commences operations under contract with the Administration through calendar year 2016, with an option to extend the period of performance through calendar year 2020.

(c) ISS Transition Plan.—

(1) In general.—The Administrator, in coordination with the ISS management entity (as defined in section 2 of the National Aeronautics and Space Administration Transition Authorization Act of 2017), ISS partners, the scientific user community, and the commercial space sector, shall develop a plan to transition in a step-wise approach from the current regime that relies heavily on NASA sponsorship to a regime where NASA could be one of many customers of a low-Earth orbit non-governmental human space flight enterprise.

(2) Reports.—Not later than December 1, 2017, and biennially thereafter until 2023, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that includes—

(A) a description of the progress in achieving the Administration's deep space human exploration objectives on ISS and prospects for accomplishing future mission requirements, space exploration objectives, and other research objectives on future commercially supplied low-Earth orbit platforms or migration of those objectives to cis-lunar space;

(B) the steps NASA is taking and will take, including demonstrations that could be conducted on the ISS, to stimulate and facilitate commercial demand and supply of products and services in low-Earth orbit;

(C) an identification of barriers preventing the commercialization of low-Earth orbit, including issues relating to policy, regulations, commercial intellectual property, data, and confidentiality, that could inhibit the use of the ISS as a commercial incubator;

(D) the criteria for defining the ISS as a research success;

(E) the criteria used to determine whether the ISS is meeting the objective under section 301(b)(2) of the National Aeronautics and Space Administration Transition Authorization Act of 2017;

(F) an assessment of whether the criteria under subparagraphs (D) and (E) are consistent with the research areas defined in, and recommendations and schedules under, the current National Academies of Sciences, Engineering, and Medicine Decadal Survey on Biological and Physical Sciences in Space;

(G) any necessary contributions that ISS extension would make to enabling execution of the human exploration roadmap under section 432 of the National Aeronautics and Space Administration Transition Authorization Act of 2017;

(H) the cost estimates for operating the ISS to achieve the criteria required under subparagraphs (D) and (E) and the contributions identified under subparagraph (G);

(I) the cost estimates for extending operations of the ISS to 2024, 2028, and 2030;

(J) an evaluation of the feasible and preferred service life of the ISS beyond the period described in section 503 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18353), through at least 2028, as a unique scientific, commercial, and space exploration-related facility, including—

(i) a general discussion of international partner capabilities and prospects for extending the partnership;

(ii) the cost associated with extending the service life;

(iii) an assessment on the technical limiting factors of the service life of the ISS, including a list of critical components and their expected service life and availability; and

(iv) such other information as may be necessary to fully describe the justification for and feasibility of extending the service life of the ISS, including the potential scientific or technological benefits to the Federal Government, public, or to academic or commercial entities;

(K) an identification of the necessary actions and an estimate of the costs to deorbit the ISS once it has reached the end of its service life;

(L) the impact on deep space exploration capabilities, including a crewed mission to Mars in the 2030s, if the preferred service life of the ISS is extended beyond 2024 and NASA maintains a flat budget profile; and

(M) an evaluation of the functions, roles, and responsibilities for management and operation of the ISS and a determination of—

(i) those functions, roles, and responsibilities the Federal Government should retain during the lifecycle of the ISS;

(ii) those functions, roles, and responsibilities that could be transferred to the commercial space sector;

(iii) the metrics that would indicate the commercial space sector's readiness and ability to assume the functions, roles, and responsibilities described in clause (ii); and

(iv) any necessary changes to any agreements or other documents and the law to enable the activities described in subparagraphs (A) and (B).

(3) Demonstrations.—If additional Government crew, power, and transportation resources are available after meeting the Administration's requirements for ISS activities defined in the human exploration roadmap and related research, demonstrations identified under paragraph (2) may—

(A) test the capabilities needed to meet future mission requirements, space exploration objectives, and other research objectives described in paragraph (2)(A); and

(B) demonstrate or test capabilities, including commercial modules or deep space habitats, Environmental Control and Life Support Systems, orbital satellite assembly, exploration space suits, a node that enables a wide variety of activity, including multiple commercial modules and airlocks, additional docking or berthing ports for commercial crew and cargo, opportunities for the commercial space sector to cost share for transportation and other services on the ISS, other commercial activities, or services obtained through alternate acquisition approaches.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3396; Pub. L. 115–10, title III, §303(c), Mar. 21, 2017, 131 Stat. 27.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
50111(a)	42 U.S.C. 14711(a).	Pub. L. 105–303, title I, §101(a), Oct. 28, 1998, 112 Stat. 2845.
50111(b)	42 U.S.C. 17801.	Pub. L. 110–422, title IX, §902, Oct. 15, 2008, 122 Stat. 4805.

In subsection (b)(1)(D), 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 (Public Law 110–422, 122 Stat. 4779).

Editorial Notes

References in Text

Section 101(3)(A) of the National Aeronautics and Space Administration Authorization Act of 2008, referred to in subsec. (b)(2), is section 101(3)(A) of Pub. L. 110–422, Oct. 15, 2008, 122 Stat. 4783, which was not classified to the Code.

The National Aeronautics and Space Administration Transition Authorization Act of 2017, referred to in subsec. (c)(1), (2)(E), (G), is Pub. L. 115–10, Mar. 21, 2017, 131 Stat. 18. Section 2 of the Act is set out as a note under section 10101 of this title, section 301(b)(2) of the Act is set out in a note under this section, and section 432 of the Act is set out in a note under section 20302 of this title.

Amendments

2017—Subsec. (c). Pub. L. 115–10 added subsec. (c).

Statutory Notes and Related Subsidiaries

Maximizing Utilization of ISS

Pub. L. 115–10, title III, §§301–303, Mar. 21, 2017, 131 Stat. 22–26, provided that:

"SEC. 301. OPERATION OF THE ISS.

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) after 15 years of continuous human presence in low-Earth orbit, the ISS continues to overcome challenges and operate safely;

"(2) the ISS is a unique testbed for future space exploration systems development, including long-duration space travel;

"(3) the expansion of partnerships, scientific research, and commercial applications of the ISS is essential to ensuring the greatest return on investments made by the United States and its international space partners in the development, assembly, and operations of that unique facility;

"(4) utilization of the ISS will sustain United States leadership and progress in human space exploration by—

"(A) facilitating the commercialization and economic development of low-Earth orbit;

"(B) serving as a testbed for technologies and a platform for scientific research and development; and

"(C) serving as an orbital facility enabling research upon—

"(i) the health, well-being, and performance of humans in space; and

"(ii) the development of in-space systems enabling human space exploration beyond low-Earth orbit; and

"(5) the ISS provides a platform for fundamental, microgravity, discovery-based space life and physical sciences research that is critical for enabling space exploration, protecting humans in space, increasing pathways for commercial space development that depend on advances in basic research, and contributes to advancing science, technology, engineering, and mathematics research.

"(b) Objectives.—The primary objectives of the ISS program shall be—

"(1) to achieve the long term goal and objectives under section 202 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312); and

"(2) to pursue a research program that advances knowledge and provides other benefits to the Nation.

"(c) Continuation of the ISS.—[Amended section 18351 of Title 42, The Public Health and Welfare.]

"SEC. 302. TRANSPORTATION TO ISS.

"(a) Findings.—Congress finds that reliance on foreign carriers for United States crew transfer is unacceptable, and the Nation's human space flight program must acquire the capability to launch United States government astronauts on vehicles using United States rockets from United States soil as soon as is safe, reliable, and affordable to do so.

"(b) Sense of Congress on Commercial Crew Program and Commercial Resupply Services Program.—It is the sense of Congress that—

"(1) once developed and certified to meet the Administration's safety and reliability requirements, United States commercially provided crew transportation systems can serve as the primary means of transporting United States government astronauts and international partner astronauts to and from the ISS and serving as ISS crew rescue vehicles;

"(2) previous budgetary assumptions used by the Administration in its planning for the Commercial Crew Program assumed significantly higher funding levels than were authorized and appropriated by Congress;

"(3) credibility in the Administration's budgetary estimates for the Commercial Crew Program can be enhanced by an independently developed cost estimate;

"(4) such credibility in budgetary estimates is an important factor in understanding program risk;

"(5) United States access to low-Earth orbit is paramount to the continued success of the ISS and ISS National Laboratory;

"(6) a stable and successful Commercial Resupply Services Program and Commercial Crew Program are critical to ensuring timely provisioning of the ISS and to reestablishing the capability to launch United States government astronauts from United States soil into orbit, ending reliance upon Russian transport of United States government astronauts to the ISS which has not been possible since the retirement of the Space Shuttle program in 2011;

"(7) NASA should build upon the success of the Commercial Orbital Transportation Services Program and Commercial Resupply Services Program that have allowed private sector companies to partner with NASA to deliver cargo and scientific experiments to the ISS since 2012;

"(8) the 21st Century Launch Complex Program has enabled significant modernization and infrastructure improvements at launch sites across the United States to support NASA's Commercial Resupply Services Program and other civil and commercial space flight missions; and

"(9) the 21st Century Launch Complex Program should be continued in a manner that leverages State and private investments to achieve the goals of that program.

"(c) Reaffirmation.—Congress reaffirms—

"(1) its commitment to the use of a commercially developed, private sector launch and delivery system to the ISS for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895) [see Tables for classification], the National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779) [see Tables for classification], and the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and

"(2) the requirement under section 50111(b)(1)(A) of title 51, United States Code, that the Administration shall make use of United States commercially provided ISS crew transfer and crew rescue services to the maximum extent practicable.

"(d) Use of Non-United States Human Space Flight Transportation Capabilities.—[Amended section 18311 of Title 42.]

"(e) Commercial Crew Program.—

"(1) Objective.—The objective of the Commercial Crew Program shall be to assist in the development and certification of commercially provided transportation that—

"(A) can carry United States government astronauts safely, reliably, and affordably to and from the ISS;

"(B) can serve as a crew rescue vehicle; and

"(C) can accomplish subparagraphs (A) and (B) as soon as practicable.

"(2) Primary consideration.—The objective described in paragraph (1) shall be the primary consideration in the acquisition strategy for the Commercial Crew Program.

"(3) Safety.—

"(A) In general.—The Administrator shall protect the safety of government astronauts by ensuring that each commercially provided transportation system under this subsection meets all applicable human rating requirements in accordance with section 403(b)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18342(b)(1)).

"(B) Lessons learned.—Consistent with the findings and recommendations of the Columbia Accident Investigation Board, the Administration shall ensure that safety and the minimization of the probability of loss of crew are the critical priorities of the Commercial Crew Program.

"(4) Cost minimization.—The Administrator shall strive through the competitive selection process to minimize the life cycle cost to the Administration through the planned period of commercially provided crew transportation services.

"(f) Commercial Cargo Program.—[Amended section 18341 of Title 42.]

"(g) Competition.—It is the policy of the United States that, to foster the competitive development, operation, improvement, and commercial availability of space transportation services, and to minimize the life cycle cost to the Administration, the Administrator shall procure services for Federal Government access to and return from the ISS, whenever practicable, via fair and open competition for well-defined, milestone-based, Federal Acquisition Regulation-based contracts under section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18311(a)).

"(h) Transparency.—

"(1) Sense of congress.—It is the sense of Congress that cost transparency and schedule transparency aid in effective program management and risk assessment.

"(2) In general.—The Administrator shall, to the greatest extent practicable and in a manner that does not add costs or schedule delays to the program, ensure all Commercial Crew Program and Commercial Resupply Services Program providers provide evidence-based support for their costs and schedules.

"(i) ISS Cargo Resupply Services Lessons Learned.—Not later than 120 days after the date of enactment of this Act [Mar. 21, 2017], the Administrator shall submit to the appropriate committees of Congress a report