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.
Title 15 Former Sections | Title 51 New Sections |
---|---|
1511e | 50702 |
1535 | 50703 |
5601 | 60101 note |
5602 | 60101 |
5611 | 60111 |
5612, 5613 | Rep. |
5614 | 60112 |
5615(a), (b) | 60113 |
5615(c), (d) | Rep. |
5621 to 5625 | 60121 to 60125 |
5631 | 60131 |
5632 | 60132 |
5633(a) to (e) | 60133 |
5633(f), 5641(a) | Rep. |
5641(b), (c) | 60134 |
5651 to 5658 | 60141 to 60148 |
5671 | 60161 |
5672 | 60162 |
5801 | 50501 note |
5802 | 50501 |
5803(a) to (c) | 50502 |
5803(d) | Rep. |
5805 | Rep. |
5806 | 50503 |
5807 | 50504 |
5808 | 50506 |
Title 42 Former Sections | Title 51 New Sections |
---|---|
2451 | 20102 |
2452 | 20103 |
2453 | Rep. |
2454 | 20131 |
2455(a) | 20132 |
2455(b) | 20132 note |
2456 | 20133 |
2456a | 20134 |
2457 | 20135 |
2458 to 2458c | 20136 to 20139 |
2459 | 20140 |
2459a | Elim. |
2459b | 20141 |
2459c | 20142 |
2459d | 30301 |
2459e | 30302 |
2459f | 20143 |
2459f–1 | 20144 |
2459g | 30307 |
2459h | 30308(b) |
2459i | 30102 |
2459j | 20145 |
2459j–1 | 20145 note |
2459k | 20146 |
2459l | 20147 |
2460 | 30101 |
2461 | 30901 |
2463 | 30303 |
2464 | 70101 |
2464a | Elim. |
2465a(a) | 70102(a) |
2465a(b) | Rep. |
2465a(c) | 70102(b) |
2465a(d) | 70102(c) |
2465c | 70103(a) |
2465f | 70103(b) |
2466 to 2466c | 70301 to 70304 |
2467 | 40901 |
2467a | 40902 |
2467b(a), (b) | 40903(b), (c) |
2467b(c) | 40903(a) |
2471, 2471a | 20111 notes |
2472 | 20111 |
2473(a), (b) | 20112 |
2473(c) | 20113 |
2473b (1st par.) | 30304 |
2473b (last par.), 2473c(a) | Rep. |
2473c(b) | 31102 note |
2473c(c) to (h) | 31102 |
2473d | 30309 |
2474(a) | Rep. |
2474(b), (c) | 20114(a), (b) |
2474(d) | Rep. |
2475 | 20115 |
2475a(a), (b) | 30701(a), (b)(2) |
2475b | 30702 |
2476 | 20116 |
2476a | 20117 |
2476b | Rep. |
2477 | 31101 |
2481 to 2484 | 20161 to 20164 |
2486 | 40301 note |
2486a to 2486i | 40301 to 40309 |
2486k | 40310 |
2486l | Rep. |
2487 | 40501 note |
2487a to 2487c | 40501 to 40503 |
2487e | 40504 |
2487f | 40505 |
2487g | Rep. |
14701 | 50101 |
14711(a) | 50111(a) |
14711(b) | Rep. |
14712(a) | 50112 note |
14712(b) | 50112 |
14713 | 50113 |
14714 | 50114 |
14715(a), (b) | 50115(a), (b) |
14715(c) | Rep. |
14715(d), (e) | 50115(c), (d) |
14731 | 50131 |
14732 | 50132 |
14733(a) | 50133 |
14733(b), (c) | Rep. |
14734 | 50134 |
14735 | Rep. |
14751 | 50301 note |
14752 | 50302 |
14753 | 50301 |
16601 | 10101 note |
16611(a) | 20301 |
16611(b) | 20302 |
16611(c) to (g) | Elim. |
16611(h)(1) | 30103(a) |
16611(h)(2) | Elim. |
16611(i) | 30103(b) |
16611(j) | Elim. |
16611a(a) to (c) | 20303(a) to (c) |
16611a(d) | Elim. |
16611a(e) | 20303(d) |
16611a(f) | Elim. |
16611b | 30103(c) |
16611b note (Pub. L. 111–8, div. B, title III, 123 Stat. 589) | 30103(d) |
16612 | note prec. 40901 |
16613 | 30104 |
16614 | 30703 |
16615 | 30501 |
16616, 16617 | Elim. |
16618 | 30502 |
16631, 16632 | Rep. |
16633 | 70902 |
16634 | 50505 |
16635, 16636 | Elim. |
16651 | 30503 |
16652, 16653 | Elim. |
16654(a) (matter before par. (1)) | 30504(a) |
16654(a)(1) | Elim. |
16654(a)(2) | 30504(b) |
16654(b), 16655(1) | Elim. |
16655(2), (3) | 40904 |
16656 | 60505 |
16657 | Elim. |
16658 | 20304 |
16671 to 16676 | 60301 to 60306 |
16691 | note prec. 71101 |
16701 | 40101 |
16711 | 40102 |
16712(a) | Elim. |
16712(b) | 40103 |
16721(a), (b) | 40111 |
16721(c), (d) | Rep. |
16722(a) | 40701 |
16722(b) to (g) | 40112(a) to (f) |
16723 to 16725 | 40113 to 40115 |
16726 | Rep. |
16727 | 40116 |
16741 | 40131 |
16751 | 40141 |
16761(a), (b) | 70501(a), (b) |
16761(c) | Elim. |
16762 | 70501 note |
16763 | 70502 |
16764 | 70503 |
16765 | 70904 |
16766(1), (2) | 70903 |
16766(3) | Elim. |
16767(a), (b) | 70905(b), (c) |
16767(c) | Elim. |
16767(d) | 70905(a) |
16781 | 31501 |
16782 | 70304 note |
16791 | 40905 |
16792 | 30902 |
16793 | Elim. |
16794 | 40906 |
16795 | 40907 |
16796 | note prec. 40901 |
16797 | 40908 |
16798(a) | Elim. |
16798(b) | 40909 |
16811 | 50116 |
16821 | 30306 |
16822 | 31301 |
16823 | 30704 |
16824 | Elim. |
16831 | T. 42 §1886a |
16832 | Elim. |
16841 to 16850 | 70701 to 70710 |
17701 | 20102 note |
17702 | 10101 note |
17711 | 60501 |
17712(a) | Elim. |
17712(b) to (d) | 60502(a) to (c) |
17713(a) | 60503 |
17713(b) | Elim. |
17714 | 60504 |
17721 | 40702 |
17722 | 40703 |
17723(a) | 40704 note |
17723(b), (c) | 40704(a), (b) |
17724 | 40104 |
17731 | 70504 |
17732(a), (b) | 70505(a), (b) |
17732(c) | Elim. |
17733(a) | 70506 note |
17733(b) | 70506 |
17734 | 71301 |
17741 | 70507 |
17742 | 70508 |
17751(a) | 70907 |
17751(b) | Elim. |
17752 | 70906 |
17753 | Elim. |
17761 | 70501 note |
17771 | 50903 note |
17781(a) | Elim. |
17781(b) | 40903(d) |
17781(c) | 40311 |
17791(a) | 71101 |
17791(b) | Elim. |
17792 | 71101 note |
17793 to 17795 | 71102 to 71104 |
17801 | 50111(b) |
17811(a) | 31502 |
17811(b), (c) | Elim. |
17812(a) | 31503 |
17812(b) | Elim. |
17821(a) | 71302 note |
17821(b) | 71302 |
17822 | 31302 |
17823 | 20305 |
17824 | 30305 |
17825(a), (b) | Elim. |
17825(c) | 60506 |
17826 | Elim. |
17827 | 30310 |
17828 | 31504 |
17829 | 31505 |
Statutory Notes and Related Subsidiaries
Enactment of Title
Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3328, provided in part that: "Title 51, United States Code, 'National and Commercial Space Programs', is enacted as follows".
Purpose; Conformity With Original Intent
Pub. L. 111–314, §2, Dec. 18, 2010, 124 Stat. 3328, provided that:
"(a)
"(b)
Transitional and Savings Provisions
Pub. L. 111–314, §5, Dec. 18, 2010, 124 Stat. 3443, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
Repeals
Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444, repealed specified laws relating to national and commercial space programs, except with respect to rights and duties that matured, penalties that were incurred, or proceedings that were begun before Dec. 18, 2010.
1 So in original. Probably should be "Space Resource Commercial Exploration and Utilization".
2 So in original. Probably should be "Use of Space Launch System or Alternatives".
Subtitle I—General
CHAPTER 101—DEFINITIONS
§10101. Definitions
In this title:
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3329.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
10101 | (no source) |
Title-wide definitions for the terms "Administration" and "Administrator" are added for clarity and convenience.
Statutory Notes and Related Subsidiaries
Short Title of 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)
"(2)
"(3)
"(A) the Committee on Commerce, Science, and Transportation of the Senate; and
"(B) the Committee on Science, Space, and Technology of the House of Representatives.
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(11)
"(12)
Pub. L. 111–358, title II, §206, Jan. 4, 2011, 124 Stat. 3996, provided that: "In this title [amending section 18421 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 20303 of this title, preceding sections 30501 and 40901 of this title, and under section 18421 of Title 42]:
"(1)
"(2)
Pub. L. 110–422, §3, Oct. 15, 2008, 122 Stat. 4782, provided that: "In this Act [see Short Title of 2008 Act note above]:
"(1)
"(2)
"(3)
"(4)
Pub. L. 109–155, §2, Dec. 30, 2005, 119 Stat. 2897, provided that: "In this Act [see Short Title of 2005 Act note above]:
"(1)
"(2)
"(3)
Pub. L. 106–391, §3, Oct. 30, 2000, 114 Stat. 1579, provided that: "For purposes of this Act [see Tables for classification]—
"(1) the term 'Administrator' means the Administrator of the National Aeronautics and Space Administration;
"(2) the term 'commercial provider' means any person providing space transportation services or other space-related activities, the primary control of which is held by persons other than a Federal, State, local, or foreign government;
"(3) the term 'critical path' means the sequence of events of a schedule of events under which a delay in any event causes a delay in the overall schedule;
"(4) the term 'grant agreement' has the meaning given that term in section 6302(2) of title 31, United States Code;
"(5) the term 'institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);
"(6) the term 'State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and
"(7) the term 'United States commercial provider' means a commercial provider, organized under the laws of the United States or of a State, which is—
"(A) more than 50 percent owned by United States nationals; or
"(B) a subsidiary of a foreign company and the Secretary of Commerce finds that—
"(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through—
"(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and
"(II) significant contributions to employment in the United States; and
"(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by—
"(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this Act;
"(II) providing no barriers to companies described in subparagraph (A) with respect to local investment opportunities that are not provided to foreign companies in the United States; and
"(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A)."
Subtitle II—General Program and Policy Provisions
CHAPTER 201—NATIONAL AERONAUTICS AND SPACE PROGRAM
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH
Editorial Notes
Amendments
2017—Pub. L. 115–10, title III, §305(b), title IV, §443(b), Mar. 21, 2017, 131 Stat. 32, 47, added items 20148 and 20149.
SUBCHAPTER I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS
§20101. Short title
This chapter may be cited as the "National Aeronautics and Space Act".
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3330.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20101 | (no source) |
Chapter 201 of title 51 restates the National Aeronautics and Space Act of 1958. Although short titles are generally eliminated as unnecessary in positive law titles of the United States Code, in this case it was suggested that the short title "National Aeronautics and Space Act" be provided for convenience.
§20102. Congressional declaration of policy and purpose
(a)
(b)
(c)
(d)
(1) The expansion of human knowledge of the Earth and of phenomena in the atmosphere and space.
(2) The improvement of the usefulness, performance, speed, safety, and efficiency of aeronautical and space vehicles.
(3) The development and operation of vehicles capable of carrying instruments, equipment, supplies, and living organisms through space.
(4) The establishment of long-range studies of the potential benefits to be gained from, the opportunities for, and the problems involved in the utilization of aeronautical and space activities for peaceful and scientific purposes.
(5) The preservation of the role of the United States as a leader in aeronautical and space science and technology and in the application thereof to the conduct of peaceful activities within and outside the atmosphere.
(6) The making available to agencies directly concerned with national defense of discoveries that have military value or significance, and the furnishing by such agencies, to the civilian agency established to direct and control nonmilitary aeronautical and space activities, of information as to discoveries which have value or significance to that agency.
(7) Cooperation by the United States with other nations and groups of nations in work done pursuant to this chapter and in the peaceful application of the results thereof.
(8) The most effective utilization of the scientific and engineering resources of the United States, with close cooperation among all interested agencies of the United States in order to avoid unnecessary duplication of effort, facilities, and equipment.
(9) The preservation of the United States preeminent position in aeronautics and space through research and technology development related to associated manufacturing processes.
(10) The search for life's origin, evolution, distribution, and future in the universe.
(e)
(f)
(g)
(h)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3330; Pub. L. 115–10, title V, §507, Mar. 21, 2017, 131 Stat. 50.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20102 | 42 U.S.C. 2451. | Pub. L. 85–568, title I, §102, July 29, 1958, 72 Stat. 426; Pub. L. 94–413, §15(a), (b), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–238, title III, §311, Feb. 25, 1978, 92 Stat. 83; Pub. L. 95–401, §7, Sept. 30, 1978, 92 Stat. 860; Pub. L. 98–361, title I, §110, July 16, 1984, 98 Stat. 426; Pub. L. 100–685, title II, §214, Nov. 17, 1988, 102 Stat. 4093; Pub. L. 106–391, title III, §302(a), Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title III, §321(d)(2), Dec. 30, 2005, 119 Stat. 2923. |
In subsection (b), the words "in conformity with section 201(e)", which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of title 42 (last appearing in the 1970 edition of the United States Code), established the National Aeronautics and Space Council, with the functions of the Council specified in section 201(e). Those functions included advising the President "as he may request" with respect to promoting cooperation and resolving differences among agencies of the United States engaged in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), abolished the National Aeronautics and Space Council, including the office of Executive Secretary of the Council, together with its functions.
In subsection (c), the words "(as established by title II of this Act)", which appeared after "Administration", are omitted as unnecessary.
In subsection (d), the word "and", appearing at the end of paragraph (8), is omitted as unnecessary because of the introductory words "one or more of the following".
Editorial Notes
Amendments
2017—Subsec. (d)(10). Pub. L. 115–10 added par. (10).
Statutory Notes and Related Subsidiaries
Congressional Findings and Policy
Pub. L. 110–422, §2, Oct. 15, 2008, 122 Stat. 4781, provided that: "The Congress finds, on this, the 50th anniversary of the establishment of the National Aeronautics and Space Administration, the following:
"(1) NASA [National Aeronautics and Space Administration] is and should remain a multimission agency with a balanced and robust set of core missions in science, aeronautics, and human space flight and exploration.
"(2) Investment in NASA's programs will promote innovation through research and development, and will improve the competitiveness of the United States.
"(3) Investment in NASA's programs, like investments in other Federal science and technology activities, is an investment in our future.
"(4) Properly structured, NASA's activities can contribute to an improved quality of life, economic vitality, United States leadership in peaceful cooperation with other nations on challenging undertakings in science and technology, national security, and the advancement of knowledge.
"(5) NASA should assume a leadership role in a cooperative international Earth observations and research effort to address key research issues associated with climate change and its impacts on the Earth system.
"(6) NASA should undertake a program of aeronautical research, development, and where appropriate demonstration activities with the overarching goals of—
"(A) ensuring that the Nation's future air transportation system can handle up to 3 times the current travel demand and incorporate new vehicle types with no degradation in safety or adverse environmental impact on local communities;
"(B) protecting the environment;
"(C) promoting the security of the Nation; and
"(D) retaining the leadership of the United States in global aviation.
"(7) Human and robotic exploration of the solar system will be a significant long-term undertaking of humanity in the 21st century and beyond, and it is in the national interest that the United States should assume a leadership role in a cooperative international exploration initiative.
"(8) Developing United States human space flight capabilities to allow independent American access to the International Space Station, and to explore beyond low Earth orbit, is a strategically important national imperative, and all prudent steps should thus be taken to bring the Orion Crew Exploration Vehicle and Ares I Crew Launch Vehicle to full operational capability as soon as possible and to ensure the effective development of a United States heavy lift launch capability for missions beyond low Earth orbit.
"(9) NASA's scientific research activities have contributed much to the advancement of knowledge, provided societal benefits, and helped train the next generation of scientists and engineers, and those activities should continue to be an important priority.
"(10) NASA should make a sustained commitment to a robust long-term technology development activity. Such investments represent the critically important 'seed corn' on which NASA's ability to carry out challenging and productive missions in the future will depend.
"(11) NASA, through its pursuit of challenging and relevant activities, can provide an important stimulus to the next generation to pursue careers in science, technology, engineering, and mathematics.
"(12) Commercial activities have substantially contributed to the strength of both the United States space program and the national economy, and the development of a healthy and robust United States commercial space sector should continue to be encouraged.
"(13) It is in the national interest for the United States to have an export control policy that protects the national security while also enabling the United States aerospace industry to compete effectively in the global market place and the United States to undertake cooperative programs in science and human space flight in an effective and efficient manner."
Pub. L. 102–195, §§2, 3, Dec. 9, 1991, 105 Stat. 1605, 1606, provided that:
"SEC. 2. FINDINGS.
"Congress finds that—
"(1) the report of the Advisory Committee on the Future of the United States Space Program has provided a framework within which a consensus on the goals of the space program can be developed;
"(2) a balanced civil space science program should be funded at a level of at least 20 percent of the aggregate amount in the budget of the National Aeronautics and Space Administration for 'Research and development' and 'Space flight, control, and data communications';
"(3) development of an adequate data base for life sciences in space will be greatly enhanced through closer scientific cooperation with the Soviet Union, including active use of manned Soviet space stations;
"(4) the space program can make substantial contributions to health-related research and should be an integral part of the Nation's health research and development program;
"(5) Landsat data and the continuation of the Landsat system beyond Landsat 6 are essential to the Mission to Planet Earth and other long-term environmental research programs;
"(6) increased use of defense-related remote sensing data and data technology by civilian agencies and the scientific community can benefit national environmental study and monitoring programs;
"(7) the generation of trained scientists and engineers through educational initiatives and academic research programs outside of the National Aeronautics and Space Administration is essential to the future of the United States civil space program;
"(8) the strengthening and expansion of the Nation's space transportation infrastructure, including the enhancement of launch sites and launch site support facilities, are essential to support the full range of the Nation's space-related activities;
"(9) the aeronautical program contributes to the Nation's technological competitive advantage, and it has been a key factor in maintaining preeminence in aviation over many decades; and
"(10) the National Aero Space Plane program can have benefits to the military and civilian aviation programs from the new and innovative technologies developed in propulsion systems, aerodynamics, and control systems that could be enormous, especially for high-speed aeronautical and space flight.
"SEC. 3. POLICY.
"It is the policy of the United States that—
"(1) the Administrator of the National Aeronautics and Space Administration (hereinafter referred to as the 'Administrator'), in planning for national programs in environmental study and human space flight and exploration, should ensure the resiliency of the space infrastructure;
"(2) a stable and balanced program of civil space science should be planned to minimize future year funding requirements in order to accommodate a steady stream of new initiatives;
"(3) any new launch system undertaken or jointly undertaken by the National Aeronautics and Space Administration should be based on defined mission and program requirements or national policies established by Congress;
"(4) in fulfilling the mission of the National Aeronautics and Space Administration to improve the usefulness, performance, speed, safety, and efficiency of space vehicles, the Administrator should establish a program of research and development to enhance the competitiveness and cost effectiveness of commercial expendable launch vehicles; and
"(5) the National Aeronautics and Space Administration should promote and support efforts to advance scientific understanding by conducting or otherwise providing for research on environmental problems, including global change, ozone depletion, acid precipitation, deforestation, and smog."
Pub. L. 101–611, title I, §§101, 102, Nov. 16, 1990, 104 Stat. 3188, 3189, provided that:
"SEC. 101. FINDINGS.
"The Congress finds that—
"(1) over the next decade, the United States aeronautics and space program will be directed toward major national priorities of understanding, preserving, and enhancing our global environment, hypersonic transportation, human exploration, and emerging technology commercialization;
"(2) the United States aeronautics and space program is supported by an overwhelming majority of the American people;
"(3) the United States aeronautics and space program genuinely reflects our Nation's pioneer heritage and demonstrates our quest for leadership, economic growth, and human understanding;
"(4) the United States space program is based on a solid record of achievement and continues to promote the objective of international cooperation in the exploration of the planets and the universe;
"(5) the United States aeronautics and space program generates critical technology breakthroughs that benefit our economy through new products and processes that significantly improve our standard of living;
"(6) the United States aeronautics and space program excites the imagination of every generation and can stimulate the youth of our Nation toward the pursuit of excellence in the fields of science, engineering, and mathematics;
"(7) the United States aeronautics and space program contributes to the Nation's technological competitive advantage;
"(8) the United States aeronautics and space program requires a sustained commitment of financial and human resources as a share of the Nation's Gross National Product;
"(9) the United States space transportation system will depend upon a robust fleet of space shuttle orbiters and expendable and reusable launch vehicles and services;
"(10) the United States space program will be advanced with an assured funding stream for the development of a permanently manned space station with research, experimentation, observation, servicing, manufacturing, and staging capabilities for lunar and Mars missions;
"(11) the United States aeronautics program has been a key factor in maintaining preeminence in aviation over many decades;
"(12) the United States needs to maintain a strong program with respect to transatmospheric research and technology by developing and demonstrating National Aero-Space Plane technology by a mid-decade date certain;
"(13) the National Aeronautics and Space Administration is primarily responsible for formulating and implementing policy that supports and encourages civil aeronautics and space activities in the United States; and
"(14) commercial activities of the private sector will substantially and increasingly contribute to the strength of both the United States space program and the national economy.
"SEC. 102. POLICY.
"It is declared to be national policy that the United States should—
"(1) rededicate itself to the goal of leadership in critical areas of space science, space exploration, and space commercialization;
"(2) increase its commitment of budgetary resources for the space program to reverse the dramatic decline in real spending for such program since the achievements of the Apollo moon program;
"(3) ensure that the long-range environmental impact of all activities carried out under this title [see Tables for classification] are fully understood and considered;
"(4) promote and support efforts to advance scientific understanding by conducting or otherwise providing for research on environmental problems, including global change, ozone depletion, acid precipitation, deforestation, and smog;
"(5) forge a robust national space program that maintains a healthy balance between manned and unmanned space activities and recognizes the mutually reinforcing benefits of both;
"(6) maintain an active fleet of space shuttle orbiters, including an adequate provision of structural spare parts, and evolve the orbiter design to improve safety and performance, and reduce operational costs;
"(7) sustain a mixed fleet by utilizing commercial expendable launch vehicle services to the fullest extent practicable;
"(8) support an aggressive program of research and development designed to enhance the United States preeminence in launch vehicles;
"(9) continue and complete on schedule the development and deployment of a permanently manned, fully capable, space station;
"(10) develop an advanced, high pressure space suit to support extravehicular activity that will be required for Space Station Freedom when Assembly Complete is reached;
"(11) establish a dual capability for logistics and resupply of the space station utilizing the space shuttle and expendable launch vehicles, including commercial services if available;
"(12) continue to seek opportunities for international cooperation in space and fully support international cooperative agreements;
"(13) maintain an aggressive program of aeronautical research and technology development designed to enhance the United States preeminence in civil and military aviation and improve the safety and efficiency of the United States air transportation system;
"(14) conduct a program of technology maturation, including flight demonstration in 1997, to prove the feasibility of an air-breathing, hypersonic aerospace plane capable of single-stage-to-orbit operation and hypersonic cruise in the atmosphere;
"(15) seek innovative technologies that will make possible advanced human exploration initiatives, such as the establishment of a lunar base and the succeeding mission to Mars, and provide high yield technology advancements for the national economy; and
"(16) enhance the human resources of the Nation and the quality of education."
National Aeronautics and Space Capital Development Program
Pub. L. 100–685, title I, §101, Nov. 17, 1988, 102 Stat 4083, provided that: "Congress finds that—
"(1) in accordance with section 106 of the National Aeronautics and Space Administration Authorization Act of 1988 (Public Law 100–147) [set out as a note under section 70901 of this title], a space station, hereafter referred to as the United States International Space Station, shall be constructed in order to establish a permanent presence for man in space for the following purposes—
"(A) the conduct of scientific experiments, applications experiments, and engineering experiments;
"(B) the servicing, rehabilitation, and construction of satellites and space vehicles;
"(C) the development and demonstration of commercial products and processes; and
"(D) the establishment of a space base for other civilian and commercial space activities including an outpost for further exploration of the solar system;
"(2) expendable launch vehicles should be used to launch those payloads that do not require the presence of man;
"(3) the space shuttle launches should be used to fulfill the Nation's needs for manned access to space;
"(4) preeminence in space and aeronautics is key to the national security and economic well being of the United States;
"(5) United States space policy needs long-range goals and direction in order to provide understanding for near-term space projects and programs;
"(6) over the next five years the National Aeronautics and Space Administration, hereafter referred to as the 'Administration', should pursue leadership in science through an aggressive set of major and moderate missions while maintaining a robust series of cost effective missions that can provide frequent flight opportunities to the scientific community[;]
"(7) over the next five years the Administration should prepare for the transition to the United States International Space Station of those science and technology programs that can be most efficiently and effectively conducted on that facility;
"(8) the Administration should encourage the United States private sector investment in space and, to the maximum extent practicable provide frequent flight opportunities for the development of technologies, processes and products that benefit from the space environment;
"(9) the Administration should enhance the existing space transportation capability through a robust mixed fleet of manned and unmanned vehicles in order to increase the reliability, productivity, and efficiency and reduce the cost of the Nation's access to space;
"(10) the United States faces an increasingly successful foreign challenge to its traditional preeminent position in aeronautics which is rapidly reducing its lead in both civil and military aircraft;
"(11) NASA's personnel are an integral component and resource for the Nation's space program, and an innovative personnel system should be developed;
"(12) the establishment of a permanent presence in space leading ultimately to space settlements is fully consistent with the goals of the National Aeronautics and Space Act of 1958 [see 51 U.S.C. 20101 et seq.];
"(13) the United States civil space activities should contribute significantly to enhancing the Nation's scientific and technological leadership, economy, pride, and sense of well-being, as well as United States world prestige and leadership;
"(14) civil sector activities should be comprised of a balanced strategy of research, development, operations, and technology for science, exploration, and appropriate applications;
"(15) assured access to space, sufficient to achieve all United States space goals, is an essential element of United States space policy, and the United States space transportation systems must provide a balanced, robust, and flexible capability with sufficient resiliency to allow continued operation despite failures in any single system;
"(16) the goals of the United States space transportation system are—
"(A) to achieve and maintain safe and reliable access to, transportation in, and return from, space;
"(B) to exploit the unique attributes of manned and unmanned launch and recovery systems;
"(C) to encourage, to the maximum extent feasible, the development and use of United States private sector space transportation capabilities; and
"(D) to reduce the costs of space transportation and related services;
"(17) recognizing that communications advancements are critical to all United States space activities, the Administration should continue research and development efforts for future advances in space communications technologies;
"(18) the goal of aeronautical research and technology development and validation activities should be to contribute to a national technology base that will enhance United States preeminence in civil and military aviation and improve the safety and efficiency of the United States air transportation system; and
"(19) aeronautical research and technology development and validation activities should—
"(A) emphasize emerging technologies with potential for breakthrough advances;
"(B) consist of—
"(i) fundamental research in all aeronautical disciplines, aimed at greater understanding of aeronautical phenomena and development of new aeronautical concepts; and
"(ii) technology development and validation activities aimed at laboratory-scale development and proof-of-concept demonstration of selected concepts with high payoff potential;
"(C) assure maintenance of robust aeronautical laboratories, including a first-rate technical staff and modern national facilities for the conduct of research and testing activities;
"(D) be conducted with the close, active participation of the United States aircraft industry so as to accelerate the transfer of research results to aviation products;
"(E) include providing technical assistance and facility support to other government agencies and United States industry;
"(F) include conducting joint projects with other government agencies where such projects contribute materially to the goals set forth in this section;
"(G) assure strong participation of United States universities both in carrying out aeronautical research and training future aeronautical research personnel; and
"(H) be conducted, where practical, so that United States industry receives research results before foreign competitors."
Executive Documents
Space Policy Directive–5. Cybersecurity Principles for Space Systems
Space Policy Directive–5, Sept. 4, 2020, 85 F.R. 56155, provided:
Memorandum for the Vice President[,] the Secretary of State[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Commerce[,] the Secretary of Transportation[,] the Secretary of Homeland Security[,] the Director of the Office of Management and Budget[,] the Assistant to the President for National Security Affairs[,] the Director of National Intelligence[,] the Director of the Central Intelligence Agency[,] the Director of the National Security Agency[,] the Director of the National Reconnaissance Office[,] the Administrator of the National Aeronautics and Space Administration[,] the Director of the Office of Science and Technology Policy[,] the Chairman of the Joint Chiefs of Staff[, and] the Chairman of the Federal Communications Commission
Space systems are reliant on information systems and networks from design conceptualization through launch and flight operations. Further, the transmission of command and control and mission information between space vehicles and ground networks relies on the use of radio-frequency-dependent wireless communication channels. These systems, networks, and channels can be vulnerable to malicious activities that can deny, degrade, or disrupt space operations, or even destroy satellites.
Examples of malicious cyber activities harmful to space operations include spoofing sensor data; corrupting sensor systems; jamming or sending unauthorized commands for guidance and control; injecting malicious code; and conducting denial-of-service attacks. Consequences of such activities could include loss of mission data; decreased lifespan or capability of space systems or constellations; or the loss of positive control of space vehicles, potentially resulting in collisions that can impair systems or generate harmful orbital debris.
The National Security Strategy of December 2017 states that "[t]he United States must maintain our leadership and freedom of action in space." As the space domain is contested, it is necessary for developers, manufacturers, owners, and operators of space systems to design, build, operate, and manage them so that they are resilient to cyber incidents and radio-frequency spectrum interference.
Space Policy Directive–3 (SPD–3) of June 18, 2018 (National Space Traffic Management Policy) [51 U.S.C. 71302 note], states that "[s]atellite and constellation owners should participate in a pre-launch certification process" that should consider a number of factors, including encryption of satellite command and control links and data protection measures for ground site operations.
The National Cyber Strategy of September 2018 states that my Administration will enhance efforts to protect our space assets and supporting infrastructure from evolving cyber threats, and will work with industry and international partners to strengthen the cyber resilience of existing and future space systems.
(a) "Space System" means a combination of systems, to include ground systems, sensor networks, and one or more space vehicles, that provides a space-based service. A space system typically has three segments: a ground control network, a space vehicle, and a user or mission network. These systems include Government national security space systems, Government civil space systems, and private space systems.
(b) "Space Vehicle" means the portion of a space system that operates in space. Examples include satellites, space stations, launch vehicles, launch vehicle upper stage components, and spacecraft.
(c) "Positive Control" means the assurance that a space vehicle will only execute commands transmitted by an authorized source and that those commands are executed in the proper order and at the intended time.
(d) "Critical space vehicle functions (critical functions)" means the functions of the vehicle that the operator must maintain to ensure intended operations, positive control, and retention of custody. The failure or compromise of critical space vehicle functions could result in the space vehicle not responding to authorized commands, loss of critical capability, or responding to unauthorized commands.
The United States must manage risks to the growth and prosperity of our commercial space economy. To do so and to strengthen national resilience, it is the policy of the United States that executive departments and agencies (agencies) will foster practices within Government space operations and across the commercial space industry that protect space assets and their supporting infrastructure from cyber threats and ensure continuity of operations.
The cybersecurity principles for space systems set forth in section 4 of this memorandum are established to guide and serve as the foundation for the United States Government approach to the cyber protection of space systems. Agencies are directed to work with the commercial space industry and other non-government space operators, consistent with these principles and with applicable law, to further define best practices, establish cybersecurity-informed norms, and promote improved cybersecurity behaviors throughout the Nation's industrial base for space systems.
(b) Space system owners and operators should develop and implement cybersecurity plans for their space systems that incorporate capabilities to ensure operators or automated control center systems can retain or recover positive control of space vehicles. These plans should also ensure the ability to verify the integrity, confidentiality, and availability of critical functions and the missions, services, and data they enable and provide. At a minimum, space system owners and operators should consider, based on risk assessment and tolerance, incorporating in their plans:
(i) Protection against unauthorized access to critical space vehicle functions. This should include safeguarding command, control, and telemetry links using effective and validated authentication or encryption measures designed to remain secure against existing and anticipated threats during the entire mission lifetime;
(ii) Physical protection measures designed to reduce the vulnerabilities of a space vehicle's command, control, and telemetry receiver systems;
(iii) Protection against communications jamming and spoofing, such as signal strength monitoring programs, secured transmitters and receivers, authentication, or effective, validated, and tested encryption measures designed to provide security against existing and anticipated threats during the entire mission lifetime;
(iv) Protection of ground systems, operational technology, and information processing systems through the adoption of deliberate cybersecurity best practices. This adoption should include practices aligned with the National Institute of Standards and Technology's Cybersecurity Framework to reduce the risk of malware infection and malicious access to systems, including from insider threats. Such practices include logical or physical segregation; regular patching; physical security; restrictions on the utilization of portable media; the use of antivirus software; and promoting staff awareness and training inclusive of insider threat mitigation precautions;
(v) Adoption of appropriate cybersecurity hygiene practices, physical security for automated information systems, and intrusion detection methodologies for system elements such as information systems, antennas, terminals, receivers, routers, associated local and wide area networks, and power supplies; and
(vi) Management of supply chain risks that affect cybersecurity of space systems through tracking manufactured products; requiring sourcing from trusted suppliers; identifying counterfeit, fraudulent, and malicious equipment; and assessing other available risk mitigation measures.
(c) Implementation of these principles, through rules, regulations, and guidance, should enhance space system cybersecurity, including through the consideration and adoption, where appropriate, of cybersecurity best practices and norms of behavior.
(d) Space system owners and operators should collaborate to promote the development of best practices, to the extent permitted by applicable law. They should also share threat, warning, and incident information within the space industry, using venues such as Information Sharing and Analysis Centers to the greatest extent possible, consistent with applicable law.
(e) Security measures should be designed to be effective while permitting space system owners and operators to manage appropriate risk tolerances and minimize undue burden, consistent with specific mission requirements, United States national security and national critical functions, space vehicle size, mission duration, maneuverability, and any applicable orbital regimes.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§20103. Definitions
In this chapter:
(1)
(A) research into, and the solution of, problems of flight within and outside the Earth's atmosphere;
(B) the development, construction, testing, and operation for research purposes of aeronautical and space vehicles;
(C) the operation of a space transportation system including the space shuttle, upper stages, space platforms, and related equipment; and
(D) such other activities as may be required for the exploration of space.
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20103 | 42 U.S.C. 2452. | Pub. L. 85–568, title I, §103, July 29, 1958, 72 Stat. 427; Pub. L. 98–52, title I, §108, July 15, 1983, 97 Stat. 285. |
In paragraph (1)(A), the word "Earth's" is capitalized for consistency in title 51.
SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
§20111. National Aeronautics and Space Administration
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3332.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20111 | 42 U.S.C. 2472. | Pub. L. 85–568, title II, §202, July 29, 1958, 72 Stat. 429; Pub. L. 88–426, title III, §305(12), Aug. 14, 1964, 78 Stat. 423. |
Statutory Notes and Related Subsidiaries
Agency Information Technology and Cybersecurity
Pub. L. 115–10, title VIII, §§811–813, Mar. 21, 2017, 131 Stat. 58–60, provided that:
"SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.
"(a)
"(1) ensure the NASA Chief Information Officer, Mission Directorates, and Centers have appropriate roles in the management, governance, and oversight processes related to information technology operations and investments and information security programs for the protection of NASA systems;
"(2) ensure the NASA Chief Information Officer has the appropriate resources and insight to oversee NASA information technology and information security operations and investments;
"(3) provide an information technology program management framework to increase the efficiency and effectiveness of information technology investments, including relying on metrics for identifying and reducing potential duplication, waste, and cost;
"(4) improve the operational linkage between the NASA Chief Information Officer and each NASA mission directorate, center, and mission support office to ensure both agency and mission needs are considered in agency-wide information technology and information security management and oversight;
"(5) review the portfolio of information technology investments and spending, including information technology-related investments included as part of activities within NASA mission directorates that may not be considered information technology, to ensure investments are recognized and reported appropriately based on guidance from the Office of Management and Budget;
"(6) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions; and
"(7) consider whether the NASA Chief Information Officer should have a seat on any boards or councils described in paragraph (6).
"(b)
"(1)
"(2)
"(A) the resources available for overseeing Administration-wide information technology operations, investments, and security measures and the NASA Chief Information Officer's visibility and involvement into information technology oversight and access to those resources;
"(B) the effectiveness and challenges of the Administration's information technology structure, decision making processes and authorities, including impacts on its ability to implement information security; and
"(C) the impact of NASA Chief Information Officer approval authority over information technology investments that exceed a defined monetary threshold, including any potential impacts of such authority on the Administration's missions, flights programs and projects, research activities, and Center operations.
"(3)
"SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.
"(a)
"(b)
"(1) the deadline under section 306(a) of title 5, United States Code; and
"(2) the requirements under section 3506 of title 44, United States Code.
"(c)
"(1) near and long-term goals and objectives for leveraging information technology;
"(2) a plan for how NASA will submit to Congress of [sic] a list of information technology projects, including completion dates and risk level in accordance with guidance from the Office of Management and Budget;
"(3) an implementation overview for an agency-wide approach to information technology investments and operations, including reducing barriers to cross-center collaboration;
"(4) coordination by the NASA Chief Information Officer with centers and mission directorates to ensure that information technology policies are effectively and efficiently implemented across the agency;
"(5) a plan to increase the efficiency and effectiveness of information technology investments, including a description of how unnecessarily duplicative, wasteful, legacy, or outdated information technology across NASA will be identified and eliminated, and a schedule for the identification and elimination of such information technology;
"(6) a plan for improving the information security of agency information and agency information systems, including improving security control assessments and role-based security training of employees; and
"(7) submission by NASA to Congress of information regarding high risk projects and cybersecurity risks.
"(d)
"SEC. 813. CYBERSECURITY.
"(a)
"(b)
"(1)
"(2)
"(3)
"(A) reflects the unique nature of NASA's mission and expertise;
"(B) is informed by policies, standards, guidelines, and directives on information security required for Federal agencies;
"(C) is consistent with the standards and guidelines under section 11331 of title 40, United States Code; and
"(D) meets applicable National Institute of Standards and Technology information security standards and guidelines.
"(4)
"(A) an overview of the requirements of the information security system;
"(B) an agency-wide risk management framework for information security;
"(C) a description of the information security system management controls and common controls that are necessary to ensure compliance with information security-related requirements;
"(D) an identification and assignment of roles, responsibilities, and management commitment for information security at the agency;
"(E) coordination among organizational entities, including between each center, facility, mission directorate, and mission support office, and among agency entities responsible for different aspects of information security;
"(F) the need to protect the information security of mission-critical systems and activities and high-impact and moderate-impact information systems; and
"(G) a schedule of frequent reviews and updates, as necessary, of the plan."
Collaboration Among Mission Directorates
Pub. L. 115–10, title VIII, §821, Mar. 21, 2017, 131 Stat. 61, provided that:
The Administrator [of the National Aeronautics and Space Administration] shall encourage an interdisciplinary approach among all NASA [National Aeronautics and Space Administration] mission directorates and divisions, whenever appropriate, for projects or missions—
(1) to improve coordination, and encourage collaboration and early planning on scope;
(2) to determine areas of overlap or alignment;
(3) to find ways to leverage across divisional perspectives to maximize outcomes; and
(4) to be more efficient with resources and funds.
Users' Advisory Group
Pub. L. 101–611, title I, §121, Nov. 16, 1990, 104 Stat. 3204, provided that:
"(a)
"(2) The Vice President shall name a chairman of the Users' Advisory Group.
"(3) The National Space Council shall from time to time, but not less than once a year, meet with the Users' Advisory Group.
"(4) The function of the Users' Advisory Group shall be to ensure that the interests of industries and other non-Federal entities involved in space activities, including in particular commercial entities, are adequately represented in the National Space Council.
"(5) The Users' Advisory Group may be assisted by personnel detailed to the National Space Council.
"(b)
National Space Council
Pub. L. 101–328, §3(a), July 8, 1990, 104 Stat. 308, provided that: "Not more than six individuals may be employed by the National Space Council without regard to any provision of law regulating the employment or compensation of persons in the Government service, at rates not to exceed the rate of pay for level VI of the Senior Executive Schedule as provided pursuant to section 5382 of title 5, United States Code."
Pub. L. 101–328, §4, July 8, 1990, 104 Stat. 308, provided that: "The National Space Council may, for purposes of carrying out its functions, employ experts and consultants in accordance with section 3109 of title 5, United States Code, and may compensate individuals so employed for each day they are involved in a business of the National Space Council (including traveltime) at rates not in excess of the daily equivalent of the maximum rate of pay for grade GS–18 as provided pursuant to section 5332 of title 5, United States Code."
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]
Pub. L. 100–685, title V, §501, Nov. 17, 1988, 102 Stat. 4102, provided that:
"(a) Effective February 1, 1989, there is established in the Executive Office of the President the National Space Council, which shall be chaired by the Vice President.
"(b) By March 1, 1989, the President shall submit to the Congress a report that outlines the composition and functions of the National Space Council.
"(c) The Council may employ a staff of not more than seven persons, which is to be headed by a civilian executive secretary, who shall be appointed by the President."
Executive Documents
Ex. Ord. No. 10849. Establishment of Seal for National Aeronautics and Space Administration
Ex. Ord. No. 10849, Nov. 27, 1959, 24 F.R. 9559, as amended by Ex. Ord. No. 10942, May 19, 1961, 26 F.R. 4419, provided:
WHEREAS the Administrator of the National Aeronautics and Space Administration has caused to be made, and has recommended that I approve, a seal for the National Aeronautics and Space Administration, the design of which accompanies and is hereby made a part of this order, and which is described as follows:
On a disc of the blue sky strewn with white stars, to dexter a larger yellow sphere bearing a red flight symbol apex in upper sinister and wings enveloping and casting a brown shadow upon the sphere, all partially encircled with a horizontal white orbit, in sinister a small light-blue sphere; circumscribing the disc a white band edged gold inscribed "National Aeronautics and Space Administration U.S.A." in red letters.

AND WHEREAS it appears that such seal is of suitable design and appropriate for establishment as the official seal of the National Aeronautics and Space Administration:
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, I hereby approve such seal as the official seal of the National Aeronautics and Space Administration.
Ex. Ord. No. 12675
Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as amended by Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. 18095; Ex. Ord. No. 12869, §4(f), Sept. 30, 1993, 58 F.R. 51752, which established the National Space Council, was superseded by Ex. Ord. No. 13803, §9(a), June 30, 2017, 82 F.R. 31431, 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:
(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.
(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.
(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.
(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.
(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.
(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.
(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)
(1) plan, direct, and conduct aeronautical and space activities;
(2) arrange for participation by the scientific community in planning scientific measurements and observations to be made through use of aeronautical and space vehicles, and conduct or arrange for the conduct of such measurements and observations;
(3) provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof;
(4) seek and encourage, to the maximum extent possible, the fullest commercial use of space; and
(5) encourage and provide for Federal Government use of commercially provided space services and hardware, consistent with the requirements of the Federal Government.
(b)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20112 | 42 U.S.C. 2473(a), (b). | Pub. L. 85–568, title II, §203(a), (b), July 29, 1958, 72 Stat. 429; Pub. L. 93–409, §4, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 94–413, §15(c), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–401, §6, Sept. 30, 1978, 92 Stat. 860; Pub. L. 101–611, title I, §107, Nov. 16, 1990, 104 Stat. 3197. |
§20113. Powers of the Administration in performance of functions
(a)
(b)
(1) to the extent the Administrator deems such action necessary to the discharge of the Administrator's responsibilities, the Administrator may appoint not more than 425 of the scientific, engineering, and administrative personnel of the Administration without regard to such laws, and may fix the compensation of such personnel not in excess of the rate of basic pay payable for level III of the Executive Schedule; and
(2) to the extent the Administrator deems such action necessary to recruit specially qualified scientific and engineering talent, the Administrator may establish the entrance grade for scientific and engineering personnel without previous service in the Federal Government at a level up to 2 grades higher than the grade provided for such personnel under the General Schedule, and fix their compensation accordingly.
(c)
(1) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, aeronautical and space vehicles, quarters and related accommodations for employees and dependents of employees of the Administration, and such other real and personal property (including patents), or any interest therein, as the Administration deems necessary within and outside the continental United States;
(2) to acquire by lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in the District of Columbia for the use of the Administration for a period not to exceed 10 years without regard to section 8141 of title 40;
(3) to lease to others such real and personal property;
(4) to sell and otherwise dispose of real and personal property (including patents and rights thereunder) in accordance with the provisions of chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.); 1 and
(5) to provide by contract or otherwise for cafeterias and other necessary facilities for the welfare of employees of the Administration at its installations and purchase and maintain equipment therefor.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(1)
(2)
(3)
(4)
(5)
(l)
(m)
(1) to consider, ascertain, adjust, determine, settle, and pay, on behalf of the United States, in full satisfaction thereof, any claim for $25,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from the conduct of the Administration's functions as specified in section 20112(a) of this title, where such claim is presented to the Administration in writing within 2 years after the accident or incident out of which the claim arises; and
(2) if the Administration considers that a claim in excess of $25,000 is meritorious and would otherwise be covered by this subsection, to report the facts and circumstances to Congress for its consideration.
(n)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333; Pub. L. 114–90, title I, §112(d), Nov. 25, 2015, 129 Stat. 712; Pub. L. 115–10, title VIII, §835(d), Mar. 21, 2017, 131 Stat. 69.)
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)
"(b)
"(c)
"(1)
"(A) except as provided in paragraph (2), on a nonexclusive basis;
"(B) in a manner that ensures all non-government parties have equal access to NASA resources; and
"(C) exercising reasonable care not to reveal unique or proprietary information.
"(2)
"(A) utilizing a competitive selection process when exclusive arrangements are necessary; and
"(B) pursuant to public announcements when exclusive arrangements are necessary.
"(d)
"(e)
"(1)
"(2)
"(A) an indication of whether the agreement is a reimbursable, non-reimbursable, or funded Space Act Agreement;
"(B) a description of—
"(i) the subject and terms;
"(ii) the parties;
"(iii) the responsible—
"(I) Mission Directorate;
"(II) Center; or
"(III) headquarters element;
"(iv) the value;
"(v) the extent of the cost sharing among Federal Government and non-Federal sources;
"(vi) the time period or schedule; and
"(vii) all milestones; and
"(C) an indication of whether the agreement was renewed during the previous fiscal year.
"(3)
"(4)
"(A) the technology areas in which research projects were conducted under that agreement;
"(B) the extent to which the use of that agreement—
"(i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and
"(ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and
"(C) the total amount of value received by the Federal Government during the fiscal year under that agreement."
Sense of Congress
Pub. L. 114–90, title I, §112(b), Nov. 25, 2015, 129 Stat. 711, provided that: "The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section [amending this section] should be used for that purpose."
Purchase of American-Made Equipment and Products
Pub. L. 106–391, title III, §319, Oct. 30, 2000, 114 Stat. 1597, provided that:
"(a)
"(b)
Enhancement of Science and Mathematics Programs
Pub. L. 106–391, title III, §321, Oct. 30, 2000, 114 Stat. 1597, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
1 See References in Text note below.
§20114. Administration and Department of Defense coordination
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3336.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20114(a) | 42 U.S.C. 2474(b). | Pub. L. 85–568, title II, §204(b), (c), July 29, 1958, 72 Stat. 431. |
20114(b) | 42 U.S.C. 2474(c). |
In subsection (a), the words "through the President" are substituted for "through the Liaison Committee" because the Civilian-Military Liaison Committee, which was established by section 204(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2474(a)), was abolished and its functions, together with the functions of its chairman and other officers, were transferred to the President by sections 1(e) and 3(a) of Reorganization Plan No. 4 of 1965 (5 App. U.S.C.).
In subsection (b), the words "as provided in section 201 (e)", which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of title 42 (last appearing in the 1970 edition of the United States Code), established the National Aeronautics and Space Council, with the functions of the Council specified in section 201(e). Those functions included advising the President "as he may request" with respect to promoting cooperation and resolving differences among agencies of the United States engaged in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), abolished the National Aeronautics and Space Council, including the office of Executive Secretary of the Council, together with its functions.
§20115. International cooperation
The Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to this chapter, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and consent of the Senate.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20115 | 42 U.S.C. 2475. | Pub. L. 85–568, title II, §205, July 29, 1958, 72 Stat. 432. |
Executive Documents
Delegation of Authority
Memorandum of President of the United States, Oct. 10, 1995, 60 F.R. 53251, provided:
Memorandum for the Administrator of the National and Aeronautics and Space Administration
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to facilitate the efficient operations of the aeronautical and space programs of the National Aeronautics and Space Administration (NASA), it is hereby ordered as follows:
The authority conferred upon the President by the Constitution and the laws of the United States of America to executive mutual waivers of claims of liability on behalf of the United States for damages arising out of cooperative activities is hereby delegated to the Administrator of NASA for agreements with foreign governments and their agents regarding aeronautical, science, and space activities that are executed pursuant to the authority granted NASA by the National Aeronautics and Space Act of 1958, Public Law 85–568, as amended [see 51 U.S.C. 20101 et seq.]. All such agreements shall be subject to coordination with and the concurrence of the Department of State to the extent provided by applicable law, regulations, and procedures. All such waivers of liability entered into prior to the date of this memorandum are hereby ratified.
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§20116. Reports to Congress
(a)
(1) a comprehensive description of the programmed activities and the accomplishments of all agencies of the United States in the field of aeronautics and space activities during the preceding fiscal year; and
(2) an evaluation of such activities and accomplishments in terms of the attainment of, or the failure to attain, the objectives described in section 20102(d) of this title.
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20116 | 42 U.S.C. 2476. | Pub. L. 85–568, title II, §206, July 29, 1958, 72 Stat. 432; Pub. L. 92–68, §7, Aug. 6, 1971, 85 Stat. 177; Pub. L. 106–391, title III, §302(b), Oct. 30, 2000, 114 Stat. 1591. |
In subsections (a)(2) and (b), the words "section 102(c) of this Act", which appear in section 206 of Public Law 85–568 (72 Stat. 432), are treated as referring to section 102(d), rather than section 102(c), of Public Law 85–568 because of the redesignation done by section 110(a)(2) of the National Aeronautics and Space Administration Authorization Act, 1985 (Public Law 98–361, 98 Stat. 426). Section 102(d) of Public Law 85–568 is restated as section 20102(d) of title 51.
Executive Documents
Delegation of Certain Reporting Authority
Memorandum of President of the United States, Mar. 5, 2004, 69 F.R. 11489, provided:
Memorandum for the Administrator of the National Aeronautics and Space Administration
By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President by section 206 of the National Aeronautics and Space Act of 1958, as amended ([former] 42 U.S.C. 2476) [now 51 U.S.C. 20116], to provide the specified report to the Congress. Nothing in this delegation shall be construed to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budget, administrative, and legislative proposals.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
§20117. Disposal of excess land
Notwithstanding the provisions of this or any other law, the Administration may not report to a disposal agency as excess to the needs of the Administration any land having an estimated value in excess of $50,000 that is owned by the United States and under the jurisdiction and control of the Administration, unless—
(1) a period of 30 days has passed after the receipt by the Speaker and the Committee on Science and Technology of the House of Representatives and the President and the Committee on Commerce, Science, and Transportation of the Senate of a report by the Administrator or the Administrator's designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such action; or
(2) each such committee before the expiration of that period has transmitted to the Administrator written notice to the effect that the committee has no objection to the proposed action.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3337.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20117 | 42 U.S.C. 2476a. | Pub. L. 85–568, title II, §207, as added Pub. L. 93–74, §7, July 23, 1973, 87 Stat. 175; amended Pub. L. 103–437, §15(j), Nov. 2, 1994, 108 Stat. 4593. |
In paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science, Space, and Technology" on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS
§20131. Public access to information
(a)
(1) authorized or required by Federal statute to be withheld;
(2) classified to protect the national security; or
(3) described in subsection (b).
(b)
(1)
(2)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20131(a) | 42 U.S.C. 2454(a) (words before proviso). | Pub. L. 85–568, title III, §303, July 29, 1958, 72 Stat. 433; Pub. L. 102–588, title V, §509, Nov. 4, 1992, 106 Stat. 5129. |
20131(b) | 42 U.S.C. 2454(b). | |
20131(c) | 42 U.S.C. 2454(a) (proviso). |
§20132. Security requirements
The Administrator shall establish such security requirements, restrictions, and safeguards as the Administrator deems necessary in the interest of the national security. The Administrator may arrange with the Director of the Office of Personnel Management for the conduct of such security or other personnel investigations of the Administration's officers, employees, and consultants, and its contractors and subcontractors and their officers and employees, actual or prospective, as the Administrator deems appropriate. If any such investigation develops any data reflecting that the individual who is the subject of the investigation is of questionable loyalty, the matter shall be referred to the Federal Bureau of Investigation for the conduct of a full field investigation, the results of which shall be furnished to the Administrator.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20132 | 42 U.S.C. 2455(a). | Pub. L. 85–568, title III, §304(a), July 29, 1958, 72 Stat. 433; 1978 Reorg. Plan No. 2, §102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783. |
The words "Director of the Office of Personnel Management" are substituted for "Civil Service Commission" because of section 102 of Reorganization Plan No. 2 of 1978 (5 App U.S.C.).
Statutory Notes and Related Subsidiaries
Access to Restricted Data
Pub. L. 85–568, title III, §304(b), July 29, 1958, 72 Stat. 434, provided that: "The Atomic Energy Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission or any other person authorized to have access to Restricted Data by the Atomic Energy Commission under subsection 145 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2165(b)), to permit any member, officer, or employee of the Council [National Aeronautics and Space Council], or the Administrator [of the National Aeronautics and Space Administration], or any officer, employee, member of an advisory committee, contractor, subcontractor, or officer or employee of a contractor or subcontractor of the Administration [National Aeronautics and Space Administration], to have access to Restricted Data relating to aeronautical and space activities which is required in the performance of his duties and so certified by the Council or the Administrator, as the case may be, but only if (1) the Council or Administrator or designee thereof has determined, in accordance with the established personnel security procedures and standards of the Council or Administration, that permitting such individual to have access to such Restricted Data will not endanger the common defense and security, and (2) the Council or Administrator or designee thereof finds that the established personnel and other security procedures and standards of the Council or Administration are adequate and in reasonable conformity to the standards established by the Atomic Energy Commission under section 145 of the Atomic Energy Act of 1954 (42 U.S.C. 2165). Any individual granted access to such Restricted Data pursuant to this subsection may exchange such Data with any individual who (A) is an officer or employee of the Department of Defense, or any department or agency thereof, or a member of the armed forces, or a contractor or subcontractor of any such department, agency, or armed force, or an officer or employee of any such contractor or subcontractor, and (B) has been authorized to have access to Restricted Data under the provisions of section 143 of the Atomic Energy Act of 1954 (42 U.S.C. 2163)."
[Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Functions notes set out under those sections.]
[National Aeronautics and Space Council, together with functions of Council, abolished by section 3(a)(4) of Reorg. Plan No. 1 of 1973, effective July 1, 1973, set out in the Appendix to Title 5, Government Organization and Employees.]
§20133. Permission to carry firearms
As the Administrator deems necessary in the public interest, the Administrator may—
(1) direct officers and employees of the Administration to carry firearms while in the conduct of their official duties; and
(2) authorize employees of contractors and subcontractors of the Administration who are engaged in the protection of property owned by the United States, and located at facilities owned by or contracted to the United States, to carry firearms while in the conduct of their official duties.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3338.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20133 | 42 U.S.C. 2456. | Pub. L. 85–568, title III, §304(e), July 29, 1958, 72 Stat. 435. |
§20134. Arrest authority
Under regulations prescribed by the Administrator and approved by the Attorney General, employees of the Administration and of its contractors and subcontractors authorized to carry firearms under section 20133 of this title may arrest without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Persons granted authority to make arrests by this section may exercise that authority only while guarding and protecting property owned or leased by, or under the control of, the United States under the administration and control of the Administration or one of its contractors or subcontractors, at facilities owned by or contracted to the Administration.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3339.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20134 | 42 U.S.C. 2456a. | Pub. L. 85–568, title III, §304(f), as added Pub. L. 100–685, title II, §206, Nov. 17, 1988, 102 Stat. 4090. |
§20135. Property rights in inventions
(a)
(1)
(2)
(3)
(b)
(1)
(A) the person who made the invention was employed or assigned to perform research, development, or exploration work and the invention is related to the work the person was employed or assigned to perform, or was within the scope of the person's employment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Government facilities, equipment, materials, allocated funds, information proprietary to the Government, or services of Government employees during working hours; or
(B) the person who made the invention was not employed or assigned to perform research, development, or exploration work, but the invention is nevertheless related to the contract, or to the work or duties the person was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in subparagraph (A).
(2)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3339; Pub. L. 112–29, §7(d)(2), Sept. 16, 2011, 125 Stat. 315.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20135 | 42 U.S.C. 2457. | Pub. L. 85–568, title III, §305, July 29, 1958, 72 Stat. 435; Pub. L. 96–517, §7(b), Dec. 12, 1980, 94 Stat. 3027; Pub. L. 97–96, §7, Dec. 21, 1981, 95 Stat. 1210; Pub. L. 97–164, title I, §162(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–622, title II, §205(c), Nov. 8, 1984, 98 Stat. 3388; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(20)], Nov. 29, 1999, 113 Stat. 1536, 1501A-585. |
Editorial Notes
Amendments
2011—Subsec. (e). Pub. L. 112–29 substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences" in two places and inserted "and derivation" after "established for interference".
Subsec. (f). Pub. L. 112–29, §7(d)(2)(A), substituted "Patent Trial and Appeal Board" for "Board of Patent Appeals and Interferences".
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Pub. L. 112–29, set out as a note under section 6 of Title 35, Patents.
§20136. Contributions awards
(a)
(1) the value of the contribution to the United States;
(2) the aggregate amount of any sums which have been expended by the applicant for the development of the contribution;
(3) the amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) previously received by the applicant for or on account of the use of the contribution by the United States; and
(4) any other factors the Administrator determines to be material.
(b)
(c)
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3342.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20136(a) | 42 U.S.C. 2458(a). | Pub. L. 85–568, title III, §306, July 29, 1958, 72 Stat. 437. |
20136(b) | 42 U.S.C. 2458(b) (1st sentence). | |
20136(c) | 42 U.S.C. 2458(b) (par. (1) of last sentence). | |
20136(d) | 42 U.S.C. 2458(b) (par. (2) of last sentence). |
In subsections (c) and (d), the words "No award may be made under subsection (a)" are substituted for "No award may be made under subsection (a) with respect to any contribution" for clarity and to eliminate unnecessary words.
§20137. Malpractice and negligence suits against United States
(a)
(b)
(c)
(d)
(e)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3343.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20137 | 42 U.S.C. 2458a. | Pub. L. 85–568, title III, §307, as added Pub. L. 94–464, §3, Oct. 8, 1976, 90 Stat. 1988. |
In subsection (a), the word "hereafter" is omitted as unnecessary.
In subsection (b), in the last sentence, commas are added after "brought" and "Attorney General" for clarity.
In subsection (e), the words "wrongful act or omission" are substituted for "wrongful act of omission" to correct an error in the law.
§20138. Insurance and indemnification
(a)
(1)
(2)
(3)
(b)
(c)
(d)
(1) notice to the United States of any claim or suit against the user for the death, bodily injury, or loss of or damage to the property; and
(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.
(e)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3344.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20138 | 42 U.S.C. 2458b. | Pub. L. 85–568, title III, §308, as added Pub. L. 96–48, §6(b)(2), Aug. 8, 1979, 93 Stat. 348. |
§20139. Insurance for experimental aerospace vehicles
(a)
(1)
(2)
(A) is a party to an agreement with the Administration for the purpose of developing new technology for an experimental aerospace vehicle;
(B) owns or provides property to be flown or situated on that vehicle; or
(C) employs a natural person to be flown on that vehicle.
(3)
(4)
(b)
(c)
(1)
(2)
(A)
(i) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with the development or use of an experimental aerospace vehicle; and
(ii) the United States Government for damage or loss to Government property resulting from such an activity.
(B)
(C)
(D)
(3)
(4)
(d)
(1)
(2)
(A)
(B)
(C)
(D)
(3)
(e)
(1)
(2)
(f)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3345.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20139 | 42 U.S.C. 2458c. | Pub. L. 85–568, title III, §309, formerly title III, as added Pub. L. 106–74, title IV, §435(a), Oct. 20, 1999, 113 Stat. 1097; designated §309 and amended Pub. L. 106–391, title III, §324(a)(2), (b), Oct. 30, 2000, 114 Stat. 1599, 1600; Pub. L. 109–155, title VII, §702, Dec. 30, 2005, 119 Stat. 2936. |
In subsection (d)(3), the words "without regard to the date on which the Administration entered into the waiver" are substituted for "without regard to whether it was entered into before, on, or after the date of enactment of this Act" to avoid an ambiguity in the law. Literally, the words "the date of enactment of this Act" mean July 29, 1958, the date of enactment of Public Law 85–568. However, the intended meaning of the words "the date of enactment of this Act" is probably October 20, 1999, the date of enactment of Public Law 106–74. The question as to which date is actually intended is rendered inconsequential by the words "before, on, or after".
§20140. Appropriations
(a)
(1)
(A) the acquisition or condemnation of any real property; or
(B) any other item of a capital nature (such as plant or facility acquisition, construction, or expansion) which exceeds $250,000.
(2)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3347.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20140 | 42 U.S.C. 2459. | Pub. L. 85–568, title III, §310, formerly §307, July 29, 1958, 72 Stat. 438; Pub. L. 88–113, §6, Sept. 6, 1963, 77 Stat. 144; renumbered §308, Pub. L. 94–464, §3, Oct. 8, 1976, 90 Stat. 1988; renumbered §309, Pub. L. 96–48, §6(b)(1), Aug. 8, 1979, 93 Stat. 348; renumbered §310, Pub. L. 106–391, title III, §324(a)(1), Oct. 30, 2000, 114 Stat. 1599. |
§20141. Misuse of agency name and initials
(a)
(1) as a firm or business name in a manner reasonably calculated to convey the impression that the firm or business has some connection with, endorsement of, or authorization from, the Administration which does not, in fact, exist; or
(2) in connection with any product or service being offered or made available to the public in a manner reasonably calculated to convey the impression that the product or service has the authorization, support, sponsorship, or endorsement of, or the development, use, or manufacture by or on behalf of the Administration which does not, in fact, exist.
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20141 | 42 U.S.C. 2459b. | Pub. L. 85–568, title III, §311, formerly §310, as added Pub. L. 98–52, title I, §107, July 15, 1983, 97 Stat. 284; renumbered §311, Pub. L. 106–391, title III, §324(a)(1), Oct. 30, 2000, 114 Stat. 1599. |
§20142. Contracts regarding expendable launch vehicles
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3348.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20142 | 42 U.S.C. 2459c. | Pub. L. 85–568, title III, §312, formerly §311, as added Pub. L. 100–147, title I, §117, Oct. 30, 1987, 101 Stat. 867; renumbered §312, Pub. L. 106–391, title III, §324(a)(1), Oct. 30, 2000, 114 Stat. 1599. |
In subsection (a), the word "expendable" is substituted for "expendabe" to correct an error in the law.
§20143. Full cost appropriations account structure
(a)
(1)
(2)
(3)
(b)
(1)
(A) Federal salaries and benefits;
(B) training, travel, and awards;
(C) facility and related costs;
(D) information technology services;
(E) publishing services;
(F) science, engineering, fabricating, and testing services; and
(G) other administrative services.
(2)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3349.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20143 | 42 U.S.C. 2459f. | Pub. L. 85–568, title III, §313, formerly §312, as added Pub. L. 106–377, §1(a)(1) [title IV, §431], Oct. 27, 2000, 114 Stat. 1441, 1441A-56; renumbered §313 and amended, Pub. L. 108–199, div. G, title IV, §417, Jan. 23, 2004, 118 Stat. 415; Pub. L. 108–447, div. I, title IV, §417, Dec. 8, 2004, 118 Stat. 3339; Pub. L. 109–155, title II, §201, Dec. 30, 2005, 119 Stat. 2915. |
In subsection (a)(1), the words "for fiscal year 2007 and thereafter" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Notice of Reprogramming or Reorganization
Pub. L. 106–391, title III, §311, Oct. 30, 2000, 114 Stat. 1594, provided that:
"(a)
"(b)
§20144. Prize authority
(a)
(b)
(c)
(d)
(e)
(1) shall have registered to participate in the competition pursuant to any rules promulgated by the Administrator under subsection (d);
(2) shall have complied with all the requirements under this section;
(3) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and
(4) shall not be a Federal entity or Federal employee acting within the scope of their employment.
(f)
(1)
(2)
(A) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant's insurance policy and registered participants agreeing to indemnify the Federal Government against third party claims for damages arising from or related to competition activities; and
(B) the Federal Government for damage or loss to Government property resulting from such an activity.
(g)
(1) have personal or financial interests in, or be an employee, officer, director, or agent of any entity that is a registered participant in a competition; or
(2) have a familial or financial relationship with an individual who is a registered participant.
(h)
(i)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(i) notice of the increase is provided in the same manner as the initial notice of the prize; and
(ii) the funds needed to pay out the announced amount of the increase have been appropriated or committed in writing by a private source.
(4)
(5)
(j)
(k)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3350; Pub. L. 111–358, title I, §105(b), Jan. 4, 2011, 124 Stat. 3993.)
Amendment Not Shown in Text
This section was derived from section 2459f–1 of Title 42, The Public Health and Welfare, which was amended by Pub. L. 111–358, title I, §105(b), Jan. 4, 2011, 124 Stat. 3993. For applicability of this amendment to this section, see section 5(b) of Pub. L. 111–314, set out as a Transitional and Savings Provisions note preceding section 10101 of this title. Former section 2459f–1 of Title 42 was amended by striking out "The Administration may carry out a program to award prizes only in conformity with this section."
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20144 | 42 U.S.C. 2459f–1. | Pub. L. 85–568, title III, §314, as added Pub. L. 109–155, title I, §104, Dec. 30, 2005, 119 Stat. 2910; Pub. L. 110–422, title XI, §1105(b), Oct. 15, 2008, 122 Stat. 4809. |
In subsection (i)(2), subparagraph (A) is added, and the words "provisions known as the Anti-Deficiency Act" are substituted for "the Anti-Deficiency Act (31 U.S.C. 1341)", for clarity.
In subsection (i)(4), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Availability of Funds
Pub. L. 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)
(b)
(1)
(B) Notwithstanding subparagraph (A), the Administrator may accept in-kind consideration for leases entered into for the purpose of developing renewable energy production facilities.
(2)
(A)
(B)
(i) 35 percent shall be deposited in a capital asset account to be established by the Administrator, shall be available for maintenance, capital revitalization, and improvements of the real property assets and related personal property under the jurisdiction of the Administrator, and shall remain available until expended; and
(ii) the remaining 65 percent shall be available to the respective center or facility of the Administration engaged in the lease of nonexcess real property, and shall remain available until expended for maintenance, capital revitalization, and improvements of the real property assets and related personal property at the respective center or facility subject to the concurrence of the Administrator.
(C)
(c)
(d)
(e)
(1)
(2)
(f)
(1)
(2)
(g)
(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.)
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 '
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)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20146 | 42 U.S.C. 2459k. | Pub. L. 85–568, title III, §316, as added Pub. L. 109–155, title VII, §701, Dec. 30, 2005, 119 Stat. 2935. |
§20147. Recovery and disposition authority
(a)
(1)
(A) is intended to transport one or more persons;
(B) is designed to operate in outer space; and
(C) is either—
(i) owned by the Administration; or
(ii) owned by an Administration contractor or cooperating party and operated as part of an Administration mission or a joint mission with the Administration.
(2)
(b)
(1)
(2)
(3)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3353.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20147 | 42 U.S.C. 2459l. | Pub. L. 85–568, title III, §317, as added Pub. L. 109–155, title VII, §705, Dec. 30, 2005, 119 Stat. 2936. |
§20148. Indemnification; NASA launch services and reentry services
(a)
(1) is more than the amount of insurance or demonstration of financial responsibility described in subsection (c)(3); and
(2) is not more than the amount specified in section 50915(a)(1)(B).
(b)
(1) notice to the United States of any claim or suit against the provider for death, bodily injury, or loss of or damage to property; and
(2) control of or assistance in the defense by the United States, at its election, of that claim or suit and approval of any settlement.
(c)
(1)
(A) a third party for death, bodily injury, or property damage or loss resulting from a launch service or reentry service carried out under the contract; and
(B) the United States Government for damage or loss to Government property resulting from a launch service or reentry service carried out under the contract.
(2)
(A)
(B)
(3)
(A)(i) $500,000,000 under paragraph (1)(A); or
(ii) $100,000,000 under paragraph (1)(B); or
(B) the maximum liability insurance available on the world market at reasonable cost.
(4)
(A) The Government.
(B) Personnel of the Government.
(C) Related entities of the Government.
(D) Related entities of the provider.
(E) Government astronauts.
(d)
(e)
(1)
(2)
(f)
(g)
(h)
(1)
(2)
(3)
(i)
(1)
(2)
(3)
(A) all obligations under this section are subject to the availability of funds; and
(B) nothing in this section may be construed to require obligation or payment of funds in violation of sections 1341, 1342, 1349 through 1351, and 1511 through 1519 of title 31, United States Code (commonly referred to as the "Anti-Deficiency Act").
(j)
(k)
(1)
(2)
(3)
(4)
(5)
(6)
(A) the United States Government;
(B) related entities of the Government involved in launch services or reentry services;
(C) a provider;
(D) related entities of the provider involved in launch services or reentry services; or
(E) a government astronaut.
(Added Pub. L. 115–10, title III, §305(a), Mar. 21, 2017, 131 Stat. 30.)
Editorial Notes
References in Text
Public Law 85–804, referred to in subsec. (i)(2), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
§20149. Medical monitoring and research relating to human space flight
(a)
(1) the medical monitoring and diagnosis of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers potentially associated with human space flight; and
(2) the treatment of a former United States government astronaut or a former payload specialist for conditions that the Administrator considers associated with human space flight, including scientific and medical tests for psychological and medical conditions.
(b)
(1)
(2)
(3)
(4)
(A) payment for (or the provision of) such medical monitoring, diagnosis, or treatment services has not been made (or provided) or cannot reasonably be expected to be made (or provided) promptly by the United States or such third party, respectively; and
(B) such payment (or such provision of services) by the Administrator is conditioned on reimbursement by the United States or such third party, respectively, for such medical monitoring, diagnosis, or treatment.
(c)
(1) provide for medical monitoring or diagnosis of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not potentially associated with human space flight;
(2) provide for treatment of a former United States government astronaut or former payload specialist under subsection (a) for any psychological or medical condition that is not associated with human space flight; or
(3) require a former United States government astronaut or former payload specialist to participate in the medical monitoring, diagnosis, or treatment authorized under subsection (a).
(d)
(e)
(f)
(g)
(Added Pub. L. 115–10, title IV, §443(a), Mar. 21, 2017, 131 Stat. 45.)
Statutory Notes and Related Subsidiaries
Annual Reports
Pub. L. 115–10, title IV, §443(c), Mar. 21, 2017, 131 Stat. 47, provided that:
"(1)
"(2)
"(3)
Inspector General Audit
Pub. L. 115–10, title IV, §443(f), Mar. 21, 2017, 131 Stat. 47, provided that: "The Inspector General of NASA [National Aeronautics and Space Administration] shall periodically audit or review, as the Inspector General considers necessary to prevent waste, fraud, and abuse, the activities of the Administration [National Aeronautics and Space Administration] under section 20149 of title 51, United States Code."
SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH
§20161. Congressional declaration of purpose and policy
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20161 | 42 U.S.C. 2481. | Pub. L. 85–568, title IV, §401, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20162. Definition of upper atmosphere
In this subchapter, the term "upper atmosphere" means that portion of the Earth's sensible atmosphere above the troposphere.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20162 | 42 U.S.C. 2482. | Pub. L. 85–568, title IV, §402, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20163. Program authorized
(a)
(b)
(1) arrange for participation by the scientific and engineering community, of both the Nation's industrial organizations and institutions of higher education, in planning and carrying out appropriate research, in developing necessary technology, and in making necessary observations and measurements;
(2) provide, by way of grant, contract, scholarships, or other arrangements, to the maximum extent practicable and consistent with other laws, for the widest practicable and appropriate participation of the scientific and engineering community in the program authorized by this subchapter; and
(3) make all results of the program authorized by this subchapter available to the appropriate regulatory agencies and provide for the widest practicable dissemination of such results.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3354.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20163 | 42 U.S.C. 2483. | Pub. L. 85–568, title IV, §403, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 222. |
§20164. International cooperation
In carrying out the provisions of this subchapter, the Administration, subject to the direction of the President and after consultation with the Secretary of State, shall make every effort to enlist the support and cooperation of appropriate scientists and engineers of other countries and international organizations.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3355.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20164 | 42 U.S.C. 2484. | Pub. L. 85–568, title IV, §404, as added Pub. L. 94–39, §8, June 19, 1975, 89 Stat. 223. |
CHAPTER 203—RESPONSIBILITIES AND VISION
§20301. General responsibilities
(a)
(1) human space flight, in accordance with section 20302 of this title;
(2) aeronautics research and development; and
(3) scientific research, which shall include, at a minimum—
(A) robotic missions to study the Moon and other planets and their moons, and to deepen understanding of astronomy, astrophysics, and other areas of science that can be productively studied from space;
(B) Earth science research and research on the Sun-Earth connection through the development and operation of research satellites and other means;
(C) support of university research in space science, Earth science, and microgravity science; and
(D) research on microgravity, including research that is not directly related to human exploration.
(b)
(1) consult and coordinate to the extent appropriate with other relevant Federal agencies, including through the National Science and Technology Council;
(2) work closely with the private sector, including by—
(A) encouraging the work of entrepreneurs who are seeking to develop new means to launch satellites, crew, or cargo;
(B) contracting with the private sector for crew and cargo services, including to the International Space Station, to the extent practicable;
(C) using commercially available products (including software) and services to the extent practicable to support all Administration activities; and
(D) encouraging commercial use and development of space to the greatest extent practicable; and
(3) involve other nations to the extent appropriate.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3355.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20301 | 42 U.S.C. 16611(a). | Pub. L. 109–155, title I, §101(a), Dec. 30, 2005, 119 Stat. 2897. |
Statutory Notes and Related Subsidiaries
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)
"(1) NASA has made steady progress in developing and testing the Space Launch System and Orion exploration systems with the successful Exploration Flight Test of Orion in December of 2014, the final qualification test firing of the 5-segment Space Launch System boosters in June 2016, and a full thrust, full duration test firing of the RS–25 Space Launch System core stage engine in August 2016.
"(2) Through the 21st Century Launch Complex program and Exploration Ground Systems programs, NASA has made significant progress in transforming exploration ground systems infrastructure to meet NASA's mission requirements for the Space Launch System and Orion and to modernize NASA's launch complexes to the benefit of the civil, defense, and commercial space sectors.
"(b)
"(1)
"(2)
"(c)
"(1) as the United States works to send humans on a series of missions to Mars in the 2030s, the United States national space program should continue to make progress on its commitment by fully developing the Space Launch System, Orion, and related Exploration Ground Systems;
"(2) using the Space Launch System and Orion for a wide range of contemplated missions will facilitate the national defense, science, and exploration objectives of the United States;
"(3) the United States should have continuity of purpose for the Space Launch System and Orion in deep space exploration missions, using them beginning with the uncrewed mission, 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)
"(e)
"(1)
"(2)
"(A) those components and systems of Orion that ensure it is in compliance with section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3));
"(B) the expected date that Orion, integrated with a vehicle other than the Space Launch System, could be available to transport crew and cargo to the ISS;
"(C) any impacts to the deep space exploration missions under subsection (f) of this section due to enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph; and
"(D) the overall cost and schedule impacts associated with enabling Orion to meet the minimum capability requirements described in section 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)) and conducting the mission described in subparagraph (B) of this paragraph.
"(f)
"(1) an uncrewed exploration mission to demonstrate the capability of both the Space Launch System and Orion as an integrated system by 2018;
"(2) subject to applicable human rating processes and requirements, a crewed exploration mission to demonstrate the Space Launch System, including the Core Stage and Exploration Upper Stages, by 2021;
"(3) subsequent missions beginning with 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)
"(h)
"(1)
"(2)
"(A) consider the technical requirements of the scientific and national security communities related to a cargo variant of the Space Launch System; and
"(B) directly assess the utility and estimated cost savings obtained by using a cargo variant of the Space Launch System for national security and space science missions.
"(3)
[For definitions of terms used in section 421 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
Maintaining a Balanced Space Science Portfolio
Pub. L. 115–10, title V, §501, Mar. 21, 2017, 131 Stat. 48, provided that:
"(a)
"(1) a balanced and adequately funded set of activities, consisting of research and analysis grant programs, technology development, suborbital research activities, and small, medium, and large space missions, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery; and
"(2) the Administrator [of the National Aeronautics and Space Administration] should set science priorities by following the guidance provided by the scientific community through the National Academies of Sciences, Engineering, and Medicine's decadal surveys.
"(b)
Planetary Science
Pub. L. 115–10, title V, §502, Mar. 21, 2017, 131 Stat. 48, provided that:
"(a)
"(1) Administration [National Aeronautics and Space Administration] support for planetary science is critical to enabling greater understanding of the solar system and the origin of the Earth;
"(2) the United States leads the world in planetary science and can augment its success in that area with appropriate international, academic, and industry partnerships;
"(3) a mix of small, medium, and large planetary science missions is required to sustain a steady cadence of planetary exploration; and
"(4) robotic planetary exploration is a key component of preparing for future human exploration.
"(b)
"(1)
"(2)
Extrasolar Planet Exploration Strategy
Pub. L. 115–10, title V, §508, Mar. 21, 2017, 131 Stat. 50, provided that:
"(a)
"(1)
"(2)
"(A) outline key scientific questions;
"(B) identify the most promising research in the field;
"(C) indicate the extent to which the mission priorities in existing decadal surveys address the key extrasolar planet research and exploration goals;
"(D) identify opportunities for coordination with international partners, commercial partners, and not-for-profit partners; and
"(E) make recommendations regarding the activities under subparagraphs (A) through (D), as appropriate.
"(b)
"(1) to inform roadmaps, strategic plans, and other activities of the Administration [National Aeronautics and Space Administration] as they relate to extrasolar planet research and exploration; and
"(2) to provide a foundation for future activities and initiatives related to extrasolar planet research and exploration.
"(c)
Astrobiology Strategy
Pub. L. 115–10, title V, §509, Mar. 21, 2017, 131 Stat. 50, provided that:
"(a)
"(1)
"(2)
"(b)
"(c)
Space Technology Research and Development
Pub. L. 115–10, title VII, §§701, 702, Mar. 21, 2017, 131 Stat. 56, 57 provided that:
"SEC. 701. SPACE TECHNOLOGY INFUSION.
"(a)
"(1) to developing technologies and capabilities that will make the Administration [National Aeronautics and Space Administration]'s core missions more affordable and more reliable;
"(2) to enabling a new class of Administration missions beyond low-Earth orbit; and
"(3) to improving technological capabilities and promote innovation for the Administration and the Nation.
"(b)
"(c)
"(d)
"SEC. 702. SPACE TECHNOLOGY PROGRAM.
"(a)
"(b)
"(1) the recommendations of the National Academies' review of the Administration's Space Technology roadmaps and priorities; and
"(2) the applicable enabling aspects of the stepping stone approach to exploration under section 70504 of title 51, United States Code.
"(c)
"(1) to the extent practicable, use a competitive process to select research and development projects;
"(2) to the extent practicable and appropriate, use small satellites and the Administration's suborbital and ground-based platforms to demonstrate space technology concepts and developments; and
"(3) as appropriate, partner with other Federal agencies, universities, private industry, and foreign countries.
"(d)
"(e)
"(f)
"(1)
"(A) ensure that the Administration's projects, programs, and activities in support of technology research and development of advanced space technologies are fully coordinated and aligned;
"(B) ensure that the results [of] the projects, programs, and activities under subparagraph (A) are shared and leveraged within the Administration; and
"(C) ensure that the organizational responsibility for research and development activities in support of human space exploration not initiated as of the date of enactment of this Act [Mar. 21, 2017] is established on the basis of a sound rationale.
"(2)
"(g)
"(1) comparing the Administration's space technology investments with the high-priority technology areas identified by the National Academies in the National Research Council's report on the Administration's Space Technology Roadmaps; and
"(2) including—
"(A) identification of how the Administration will address any gaps between the agency's investments and the recommended technology areas, including a projection of funding requirements; and
"(B) identification of the rationale described in subsection (f)(1)(C).
"(h)
§20302. Vision for space exploration
(a)
(b)
(c)
(1)
(2)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356; Pub. L. 115–10, title IV, §413, Mar. 21, 2017, 131 Stat. 33.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20302 | 42 U.S.C. 16611(b). | Pub. L. 109–155, title I, §101(b), Dec. 30, 2005, 119 Stat. 2898. |
Editorial Notes
Amendments
2017—Subsec. (a). Pub. L. 115–10, §413(1), inserted "in cis-lunar space or" after "sustained human presence".
Subsec. (b). Pub. L. 115–10, §413(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Administrator shall manage human space flight programs to strive to achieve the following milestones (in conformity with section 70502 of this title):
"(1) Returning Americans to the Moon no later than 2020.
"(2) Launching the Crew Exploration Vehicle as close to 2010 as possible.
"(3) Increasing knowledge of the impacts of long duration stays in space on the human body using the most appropriate facilities available, including the International Space Station.
"(4) Enabling humans to land on and return from Mars and other destinations on a timetable that is technically and fiscally possible."
Subsec. (c). Pub. L. 115–10, §413(3), added subsec. (c).
Statutory Notes and Related Subsidiaries
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)
"(1) expanding human presence beyond low-Earth orbit and advancing toward human missions to Mars in the 2030s requires early strategic planning and timely decisions to be made in the near-term on the necessary courses of action for commitments to achieve short-term and long-term goals and objectives;
"(2) for strong and sustained United States leadership, a need exists to advance a human exploration roadmap, addressing exploration objectives in collaboration with international, academic, and industry partners;
"(3) an approach that incrementally advances toward a long-term goal is one in which nearer-term developments and implementation would influence future development and implementation; and
"(4) a human exploration roadmap should begin with low-Earth orbit, then address in greater detail progress beyond low-Earth orbit to cis-lunar space, and then address future missions aimed at human arrival and activities near and then on the surface of Mars.
"(b)
"(1)
"(2)
"(A) an integrated set of exploration, science, and other goals and objectives of a United States human space exploration program to achieve the long-term goal of human missions near or on the surface of Mars in the 2030s;
"(B) opportunities for international, academic, and industry partnerships for exploration-related systems, services, research, and technology if those opportunities provide cost-savings, accelerate program schedules, or otherwise benefit the goals and objectives developed under subparagraph (A);
"(C) sets and sequences of precursor missions in cis-lunar space and other missions or activities necessary—
"(i) to demonstrate the proficiency of the capabilities and technologies identified under subparagraph (D); and
"(ii) to meet the goals and objectives developed under subparagraph (A), including anticipated timelines and missions for the Space Launch System and Orion;
"(D) an identification of the specific capabilities and technologies, including the Space Launch System, Orion, a deep space habitat, and other capabilities, that facilitate the goals and objectives developed under subparagraph (A);
"(E) a description of how cis-lunar elements, objectives, and activities advance the human exploration of Mars;
"(F) an assessment of potential human health and other risks, including radiation exposure;
"(G) mitigation plans, whenever possible, to address the risks identified in subparagraph (F);
"(H) a description of those technologies already under development across the Federal Government or by other entities that facilitate the goals and objectives developed under subparagraph (A);
"(I) a specific process for the evolution of the capabilities of the fully integrated Orion with the Space Launch System and a description of how these systems facilitate the goals and objectives developed under subparagraph (A) and demonstrate the capabilities and technologies described in subparagraph (D);
"(J) a description of the capabilities and technologies that need to be demonstrated or research data that could be gained through the utilization of the ISS and the status of the development of such capabilities and technologies;
"(K) a framework for international cooperation in the development of all capabilities and technologies identified under this section, including an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development;
"(L) a process for partnering with nongovernmental entities using Space Act Agreements or other acquisition instruments for future human space exploration; and
"(M) include [sic] information on the phasing of planned intermediate destinations, Mars mission risk areas and potential risk mitigation approaches, technology requirements and phasing of required technology development activities, the management strategy to be followed, related ISS activities, planned international collaborative activities, potential commercial contributions, and other activities relevant to the achievement of the goal established in this section.
"(3)
"(A) using key exploration capabilities, namely the Space Launch System and Orion;
"(B) using existing commercially available technologies and capabilities or those technologies and capabilities being developed by industry for commercial purposes;
"(C) establishing an organizational approach to ensure collaboration and coordination among NASA's Mission Directorates under section 821 [set out as a note under section 20111 of this title], when appropriate, including to collect and return to Earth a sample from the Martian surface;
"(D) building upon the initial uncrewed mission, 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)
"(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)
"(A)
"(i) an initial human exploration roadmap, including a critical decision plan, before December 1, 2017; and
"(ii) an updated human exploration roadmap periodically as the Administrator considers necessary but not less than biennially.
"(B)
"(i) the achievements and goals accomplished in the process of developing such capabilities and technologies during the 2-year period prior to the submission of the human exploration roadmap; and
"(ii) the expected goals and achievements in the following 2-year period.
"(C)
[For definitions of terms used in sections 431 and 432 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
§20303. Contribution to innovation
(a)
(b)
(c)
(d)
(1)
(2)
(A) A description of each program.
(B) The amount spent on each program.
(C) The number of students or teachers served by each program.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3356.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20303(a) | 42 U.S.C. 16611a(a). | Pub. L. 110–69, title II, §2001(a), (b), (c), (e), Aug. 9, 2007, 121 Stat. 582. |
20303(b) | 42 U.S.C. 16611a(b). | |
20303(c) | 42 U.S.C. 16611a(c). | |
20303(d) | 42 U.S.C. 16611a(e). |
Editorial Notes
References in Text
Section 101(d) of the National Aeronautics and Space Administration Authorization Act of 2005 (42 U.S.C. 16611(d)), referred to in subsec. (c), is section 101(d) of Pub. L. 109–155, title I, Dec. 30, 2005, 119 Stat. 2897, which was omitted from the Code following the enactment of this title by Pub. L. 111–314.
Statutory Notes and Related Subsidiaries
International Space Station's Contribution to National Competitiveness Enhancement
Pub. L. 111–358, title II, §204, Jan. 4, 2011, 124 Stat. 3994, provided that:
"(a)
"(b)
"(c)
"(1) a description of current and potential activities associated with utilization of the International Space Station which are supportive of the goals of educational excellence and innovation and competitive enhancement established or reaffirmed by this Act [see Short Title of 2011 Amendment note set out under section 1861 of Title 42, The Public Health and Welfare], including a summary of the goals supported, the number of individuals or organizations participating in or benefiting from such activities, and a summary of how such activities might be expanded or improved upon;
"(2) a description of government and private partnerships which are, or may be, established to effectively utilize the capabilities represented by the International Space Station to enhance United States competitiveness, innovation and science, technology, engineering, and mathematics education; and
"(3) a summary of proposed actions or activities to be undertaken to ensure the maximum utilization of the International Space Station to contribute to fulfillment of the goals and objectives of this Act, and the identification of any additional authority, assets, or funding that would be required to support such activities."
1 See References in Text note below.
§20304. Basic research enhancement
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20304 | 42 U.S.C. 16658. | Pub. L. 110–69, title II, §2003, Aug. 9, 2007, 121 Stat. 583. |
§20305. National Academies decadal surveys
(a)
(b)
(c)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
20305 | 42 U.S.C. 17823. | Pub. L. 110–422, title XI, §1104, Oct. 15, 2008, 122 Stat. 4809. |
Statutory Notes and Related Subsidiaries
Implementation of Decadal Survey's Recommended Decision Rules
Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 622, provided in part: "That NASA shall implement the recommendations of the most recent National Research Council planetary decadal survey and shall follow the decadal survey's recommended decision rules regarding program implementation, including a strict adherence to the recommendation that NASA include in a balanced program a flagship class mission, which may be executed in cooperation with one or more international partners, if such mission can be appropriately de-scoped and all NASA costs for such mission can be accommodated within the overall funding levels appropriated by Congress".
Subtitle III—Administrative Provisions
CHAPTER 301—APPROPRIATIONS, BUDGETS, AND ACCOUNTING
§30101. Prior authorization of appropriations required
Notwithstanding the provisions of any other law, no appropriation may be made to the Administration unless previously authorized by legislation enacted by Congress.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30101 | 42 U.S.C. 2460. | Pub. L. 86–45, §4, June 15, 1959, 73 Stat. 75. |
The word "hereafter" is omitted as unnecessary.
§30102. Working capital fund
(a)
(b)
(1)
(A) within the Administration;
(B) to other agencies or instrumentalities of the United States;
(C) to any State, territory, or possession or political subdivision thereof;
(D) to other public or private agencies; or
(E) to any person, firm, association, corporation, or educational institution on a reimbursable basis.
(2)
(3)
(c)
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Administrator transfers to the fund, less the related liabilities and unpaid obligations;
(3) payments received for loss or damage to property of the fund; and
(4) refunds or rebates received on an on-going basis from a credit card services provider under the National Aeronautics and Space Administration's credit card programs.
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357; Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 264.)
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)
(1) by program—
(A) the budget for space operations, including the International Space Station and the space shuttle;
(B) the budget for exploration systems;
(C) the budget for aeronautics;
(D) the budget for space science;
(E) the budget for Earth science;
(F) the budget for microgravity science;
(G) the budget for education;
(H) the budget for safety oversight; and
(I) the budget for public relations;
(2) the budget for technology transfer programs;
(3) the budget for the Integrated Enterprise Management Program, by individual element;
(4) the budget for the Independent Technical Authority, both total and by center;
(5) the total budget for the prize program under section 20144 of this title, and the administrative budget for that program; and
(6) the comparable figures for at least the 2 previous fiscal years for each item in the proposed budget.
(b)
(1) information on corporate and center general and administrative costs and service pool costs, including—
(A) the total amount of funds being allocated for those purposes for any fiscal year for which the President has submitted an annual budget request to Congress;
(B) the amount of funds being allocated for those purposes for each center, for headquarters, and for each directorate; and
(C) the major activities included in each cost category; and
(2) the figures on the amount of unobligated funds and unexpended funds, by appropriations account—
(A) that remained at the end of the fiscal year prior to the fiscal year in which the budget is being presented that were carried over into the fiscal year in which the budget is being presented;
(B) that are estimated will remain at the end of the fiscal year in which the budget is being presented that are proposed to be carried over into the fiscal year for which the budget is being presented; and
(C) that are estimated will remain at the end of the fiscal year for which the budget is being presented.
(c)
(1) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, theme, program, project and activity within each appropriations account.
(2) The proposed programmatic and non-programmatic construction of facilities.
(3) The budget for headquarters including—
(A) the budget by office, and any division thereof, for the actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years;
(B) the travel budget for each office, and any division thereof, for the actual, current, and proposed funding level; and
(C) the civil service full time equivalent assignments per headquarters office, and any division thereof, including the number of Senior Executive Service, noncareer, detailee, and contract personnel per office.
(4) Within 14 days of the submission of the budget to Congress an accompanying volume shall be provided to the Committees on Appropriations containing the following information for each center, facility managed by any center, and federally funded research and development center operated on behalf of the Administration:
(A) The actual, current, proposed funding level, and estimated budgets for the next 5 fiscal years by directorate, theme, program, project, and activity.
(B) The proposed programmatic and non-programmatic construction of facilities.
(C) The number of civil service full time equivalent positions per center for each identified fiscal year.
(D) The number of civil service full time equivalent positions considered to be uncovered capacity at each location for each identified fiscal year.
(5) The proposed budget as designated by object class for each directorate, theme, and program.
(6) Sufficient narrative shall be provided to explain the request for each program, project, and activity, and an explanation for any deviation to previously adopted baselines for all justification materials provided to the Committees.
(d)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3358.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30103(a) | 42 U.S.C. 16611(h)(1). | Pub. L. 109–155, title I, §101(h)(1), (i), Dec. 30, 2005, 119 Stat. 2903. |
30103(b) | 42 U.S.C. 16611(i). | |
30103(c) | 42 U.S.C. 16611b. | Pub. L. 110–161, div. B, title III, (7th par. under heading "Administrative Provisions", at 121 Stat. 1919), Dec. 26, 2007, 121 Stat. 1919. |
30103(d) | 42 U.S.C. 16611b note. | Pub. L. 111–8, div. B, title III, (3d proviso in par. under heading "Cross Agency Support", at 123 Stat. 589), Mar. 11, 2009, 123 Stat. 589. |
In subsection (a)(5), the source law's reference to "section 104" of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2910) is translated as "section 20144" of title 51. Section 104 of the National Aeronautics and Space Administration Authorization Act of 2005 amended the National Aeronautics and Space Act of 1958 (Public Law 85–568, 72 Stat. 426) by inserting a new section 314, which is restated as section 20144 of title 51.
In subsection (b), in the matter before paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (c), in the matter before paragraph (1), the words "For fiscal year 2009 and hereafter" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Estimates of Receipts and Collections and Proposed Use of Funds From Leases of Non-Excess Property
Pub. L. 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)
(1)
(2)
(3)
(4)
(b)
(1)
(A) the technical, cost, and schedule risks of the program are clearly identified and the program has developed a plan to manage those risks;
(B) the technologies required for the program have been demonstrated in a relevant laboratory or test environment; and
(C) the program complies with all relevant policies, regulations, and directives of the Administration.
(2)
(3)
(c)
(1)
(2)
(A) the purposes of the program and key technical characteristics necessary to fulfill those purposes;
(B) an estimate of the life-cycle cost for the program, with a detailed breakout of the development cost, program reserves, and an estimate of the annual costs until development is completed;
(C) the schedule for development, including key program milestones;
(D) the plan for mitigating technical, cost, and schedule risks identified in accordance with subsection (b)(1)(A); and
(E) the name of the person responsible for making notifications under subsection (d), who shall be an individual whose primary responsibility is overseeing the program.
(3)
(d)
(1)
(A) the development cost of the program is likely to exceed the estimate provided in the Baseline Report of the program by 15 percent or more; or
(B) a milestone of the program is likely to be delayed by 6 months or more from the date provided for it in the Baseline Report of the program.
(2)
(3)
(e)
(1)
(A) transmit to the Committee on Science and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 15 days after making the determination, a report that includes—
(i) a description of the increase in cost or delay in schedule and a detailed explanation for the increase or delay;
(ii) a description of actions taken or proposed to be taken in response to the cost increase or delay; and
(iii) a description of any impacts the cost increase or schedule delay, or the actions described under clause (ii), will have on any other program within the Administration; and
(B) if the Administrator intends to continue with the program, promptly initiate an analysis of the program, which shall include, at a minimum—
(i) the projected cost and schedule for completing the program if current requirements of the program are not modified;
(ii) the projected cost and the schedule for completing the program after instituting the actions described under subparagraph (A)(ii); and
(iii) a description of, and the projected cost and schedule for, a broad range of alternatives to the program.
(2)
(f)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3360; Pub. L. 115–10, title VIII, §828, Mar. 21, 2017, 131 Stat. 66.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30104 | 42 U.S.C. 16613. | Pub. L. 109–155, title I, §103, Dec. 30, 2005, 119 Stat. 2907. |
In subsections (b)(2), (c)(1), (d)(3), and (e)(1)(A), (2), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Editorial Notes
Amendments
2017—Subsec. (a)(1). Pub. L. 115–10 substituted "Procedural Requirements 7120.5E, dated August 14, 2012" for "Procedural Requirements 7120.5c, dated March 22, 2005".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
CHAPTER 303—CONTRACTING AND PROCUREMENT
Statutory Notes and Related Subsidiaries
One Small Step to Protect Human Heritage in Space
Pub. L. 116–275, Dec. 31, 2020, 134 Stat. 3358, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'One Small Step to Protect Human Heritage in Space Act'.
"SEC. 2. FINDINGS; SENSE OF CONGRESS.
"(a) Findings.—Congress makes the following findings:
"(1) On July 16, 1969, the Apollo 11 spacecraft launched from the John F. Kennedy Space Center carrying Neil A. Armstrong, Edwin E. 'Buzz' Aldrin, Jr., and Michael Collins.
"(2) July 20, 2019, marked the 50th anniversary of the date on which the Apollo 11 spacecraft landed on the Moon and Neil Armstrong and Buzz Aldrin became the first humans to set foot on a celestial body off the Earth.
"(3) The landing of the Apollo 11 spacecraft and humanity's first off-world footprints are achievements unparalleled in history, a direct product of the work and perseverance of the more than 400,000 individuals who contributed to the development of the Apollo missions on the shoulders of centuries of science and engineering pioneers from all corners of the world.
"(4) Among the thousands of individuals who have contributed to the achievements of the National Aeronautics and Space Administration (in this section referred to as 'NASA') are African-American women such as Katherine Johnson, Dorothy Vaughn, Mary Jackson, and Dr. Christine Darden, who made critical contributions to NASA space programs. Katherine Johnson worked at NASA for 35 years and calculated the trajectory of the Apollo 11 landing and the trajectories for the spaceflights of astronauts Alan Shepard and John Glenn. Katherine Johnson, together with many other individuals the work of whom often went unacknowledged, helped broaden the scope of space travel and charted new frontiers for humanity's exploration of space.
"(5) The landing of the Apollo 11 spacecraft was made on behalf of all humankind, and Neil Armstrong and Buzz Aldrin were accompanied by messages of peace from the leaders of more than 70 countries.
"(6) The lunar landing sites of the Apollo 11 spacecraft, the robotic spacecraft that preceded the Apollo 11 mission, and the crewed and robotic spacecraft that followed, are of outstanding universal value to humanity.
"(7) Such landing sites—
"(A) are the first archaeological sites with human activity that are not on Earth;
"(B) provide evidence of the first achievements of humankind in the realm of space travel and exploration; and
"(C) contain artifacts and other evidence of human exploration activities that remain a potential source of cultural, historical, archaeological, anthropological, scientific, and engineering knowledge.
"(8) On July 20, 2011, NASA published the voluntary guidance entitled 'NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts'.
"(9) In March 2018, the Office of Science and Technology Policy published a report entitled 'Protecting & Preserving Apollo Program Lunar Landing Sites & Artifacts'.
"(10) Article one of the 'Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,' commonly known as the 'Outer Space Treaty,' states '[o]uter space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.'
"(11) Article eight of the Outer Space Treaty states, '[a] State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth.'
"(12) Article nine of the Outer Space Treaty states, '[i]n the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty,' and continues, '[i]f a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.'
"(b)
"(1) as commercial enterprises and more countries acquire the ability to land on the Moon, it is necessary to encourage the development of best practices to respect the principle of due regard and to limit harmful interference to the Apollo landing site artifacts in acknowledgment of the human effort and innovation they represent, as well as their archaeological, anthropological, historical, scientific, and engineering significance and value; and
"(2) the Administrator of the National Aeronautics and Space Administration should continue to develop best practices to respect the principle of due regard and limit harmful interference with historic Apollo lunar landing site artifacts.
"SEC. 3. BEST PRACTICES RELATED TO APOLLO HISTORIC LUNAR LANDING SITE ARTIFACTS.
"(a)
"(1) add the recommendations in subsection (b) as a condition or requirement to contracts, grants, agreements, partnerships or other arrangements pertaining to lunar activities carried out by, for, or in partnership with the National Aeronautics and Space Administration;
"(2) inform other relevant Federal agencies of the recommendations described in subsection (b); and
"(3) encourage the use of best practices, consistent with the recommendations in subsection (b), by other relevant Federal agencies.
"(b)
"(1) 'NASA's Recommendations to Space-Faring Entities: How to Protect and Preserve the Historic and Scientific Value of U.S. Government Lunar Artifacts' issued by the National Aeronautics and Space Administration on July 20, 2011, and updated on October 28, 2011; and
"(2) any successor recommendations, guidelines, best practices, or standards relating to the principle of due regard and the limitation of harmful interference with Apollo landing site artifacts issued by the National Aeronautics and Space Administration.
"(c)
"(1) such waiver is accompanied by a finding from the Administrator that carrying out the obligation of subsection (a)(1) would be unduly prohibitive to an activity or activities of legitimate and significant historical, archaeological, anthropological, scientific, or engineering value; and
"(2) the finding in paragraph (1) is provided to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 30 days prior to the waiver taking effect."
Detection and Avoidance of Counterfeit Parts
Pub. L. 115–10, title VIII, §823, Mar. 21, 2017, 131 Stat. 62, provided that:
"(a)
"(1) A 2012 investigation by the Committee on Armed Services of the Senate of counterfeit electronic parts in the Department of Defense supply chain from 2009 through 2010 uncovered 1,800 cases and over 1,000,000 counterfeit parts and exposed the threat such counterfeit parts pose to service members and national security.
"(2) Since 2010, the Comptroller General of the United States has identified in 3 separate reports the risks and challenges associated with counterfeit parts and counterfeit prevention at both the Department of Defense and NASA, including inconsistent definitions of counterfeit parts, poorly targeted quality control practices, and potential barriers to improvements to these practices.
"(b)
"(c)
"(1)
"(2)
"(A) require each covered contractor—
"(i) to detect and avoid the use or inclusion of any counterfeit parts in electronic parts or products that contain electronic parts;
"(ii) to take such corrective actions as the Administrator considers necessary to remedy the use or inclusion described in clause (i); and
"(iii) including a subcontractor, to notify the applicable NASA contracting officer not later than 30 calendar days after the date the covered contractor becomes aware, or has reason to suspect, that any end item, component, part or material contained in supplies purchased by NASA, or purchased by a covered contractor or subcontractor for delivery to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit electronic part; and
"(B) prohibit the cost of counterfeit electronic parts, suspect counterfeit electronic parts, and any corrective action described under subparagraph (A)(ii) from being included as allowable costs under agency contracts, unless—
"(i)(I) the covered contractor has an operational system to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts that has been reviewed and approved by NASA or the Department of Defense; and
"(II) the covered contractor has provided the notice under subparagraph (A)(iii); or
"(ii) the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the covered contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation.
"(3)
"(A) require NASA and covered contractors, including subcontractors, at all tiers—
"(i) to obtain electronic parts that are in production or currently available in stock from—
"(I) the original manufacturers of the parts or their authorized dealers; or
"(II) suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers; and
"(ii) to obtain electronic parts that are not in production or currently available in stock from suppliers that meet qualification requirements established under subparagraph (C);
"(B) establish documented requirements consistent with published industry standards or Government contract requirements for—
"(i) notification of the agency; and
"(ii) inspection, testing, and authentication of electronic parts that NASA or a covered contractor, including a subcontractor, obtains from any source other than a source described in subparagraph (A);
"(C) establish qualification requirements, consistent with the requirements of section 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)
"(1)
"(2)
[For definitions of terms used in section 823 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]
Avoiding Organizational Conflicts of Interest in Major Administration Acquisition Programs
Pub. L. 115–10, title VIII, §830, Mar. 21, 2017, 131 Stat. 66, provided that:
"(a)
"(b)
"(1) address organizational conflicts of interest that could potentially arise as a result of—
"(A) lead system integrator contracts on major acquisition programs and contracts that follow lead system integrator contracts on such programs, particularly contracts for production;
"(B) the ownership of business units performing systems engineering and technical assistance functions, professional services, or management support services in relation to major acquisition programs by contractors who simultaneously own business units competing to perform as either the prime contractor or the supplier of a major subsystem or component for such programs;
"(C) the award of major subsystem contracts by a prime contractor for a major acquisition program to business units or other affiliates of the same parent corporate entity, and particularly the award of subcontracts for software integration or the development of a proprietary software system architecture; or
"(D) the performance by, or assistance of, contractors in technical evaluations on major acquisition programs;
"(2) require the Administration to request advice on systems architecture and systems engineering matters with respect to major acquisition programs from objective sources independent of the prime contractor;
"(3) require that a contract for the performance of systems engineering and technical assistance functions for a major acquisition program contains a provision prohibiting the contractor or any affiliate of the contractor from participating as a prime contractor or a major subcontractor in the development of a system under the program; and
"(4) establish such limited exceptions to the requirement[s] in paragraphs (2) and (3) as the Administrator considers necessary to ensure that the Administration has continued access to advice on systems architecture and systems engineering matters from highly qualified contractors with domain experience and expertise, while ensuring that such advice comes from sources that are objective and unbiased."
§30301. Guaranteed customer base
No amount appropriated to the Administration may be used to fund grants, contracts, or other agreements with an expected duration of more than one year, when a primary effect of the grant, contract, or agreement is to provide a guaranteed customer base for or establish an anchor tenancy in new commercial space hardware or services unless an appropriations Act specifies the new commercial space hardware or services to be developed or used, or the grant, contract, or agreement is otherwise identified in such Act.
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30301 | 42 U.S.C. 2459d. | Pub. L. 102–139, title III, (1st par. under heading "Administrative Provisions", at 105 Stat. 771), Oct. 28, 1991, 105 Stat. 771. |
The words "in this or any other Act with respect to any fiscal year" are omitted as unnecessary.
§30302. Quality assurance personnel
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30302 | 42 U.S.C. 2459e. | Pub. L. 102–195, §19, Dec. 9, 1991, 105 Stat. 1615. |
In subsection (a), the date "December 9, 1991" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605).
In subsection (a), the words "that has been submitted to Congress as provided" are substituted for "described" for clarity.
§30303. Tracking and data relay satellite services
(a)
(b)
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3363.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30303(a) | 42 U.S.C. 2463 (1st par.). | Pub. L. 95–76, §6, July 30, 1977, 91 Stat. 315; Pub. L. 103–437, §15(c)(3), Nov. 2, 1994, 108 Stat. 4592. |
30303(b) | 42 U.S.C. 2463 (last par.). |
In subsection (b), the words "Committee on Science and Technology" are substituted for "Committee on Science, Space, and Technology" on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
In subsection (b), the word "hereafter" is omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
§30304. Award of contracts to small businesses and disadvantaged individuals
The Administrator shall annually establish a goal of at least 8 percent of the total value of prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, which funds will be made available to small business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of paragraphs (5) and (6) of section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including Historically Black Colleges and Universities that are part B institutions (as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as defined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority educational institutions (as defined by the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.)).
(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3364.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
30304 | 42 U.S.C. 2473b (1st par.). | Pub. L. 101–144, title III, (1st par. under heading "Small and Disadvantaged Business", at 103 Stat. 863), Nov. 9, 1989, 103 Stat. 863; Pub. L. 109–155, title VI, §611, Dec. 30, 2005, 119 Stat. 2932. |
The word "Alaska" is substituted for "Alaskan" in the phrase "Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2)))" for consistency with the term defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)).
Editorial Notes
References in Text
The General Education Provisions Act, referred to in text, is title IV of