[USC02] 51 USC Subtitle II, CHAPTER 201, SUBCHAPTER II: COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
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51 USC Subtitle II, CHAPTER 201, SUBCHAPTER II: COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES
From Title 51—NATIONAL AND COMMERCIAL SPACE PROGRAMSSubtitle II—General Program and Policy ProvisionsCHAPTER 201—NATIONAL AERONAUTICS AND SPACE PROGRAM

SUBCHAPTER II—COORDINATION OF AERONAUTICAL AND SPACE ACTIVITIES

§20111. National Aeronautics and Space Administration

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

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20111 42 U.S.C. 2472. Pub. L. 85–568, title II, §202, July 29, 1958, 72 Stat. 429; Pub. L. 88–426, title III, §305(12), Aug. 14, 1964, 78 Stat. 423.

Agency Information Technology and Cybersecurity

Pub. L. 115–10, title VIII, §§811–813, Mar. 21, 2017, 131 Stat. 58–60, provided that:

"SEC. 811. INFORMATION TECHNOLOGY GOVERNANCE.

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

"(1) ensure the NASA Chief Information Officer, Mission Directorates, and Centers have appropriate roles in the management, governance, and oversight processes related to information technology operations and investments and information security programs for the protection of NASA systems;

"(2) ensure the NASA Chief Information Officer has the appropriate resources and insight to oversee NASA information technology and information security operations and investments;

"(3) provide an information technology program management framework to increase the efficiency and effectiveness of information technology investments, including relying on metrics for identifying and reducing potential duplication, waste, and cost;

"(4) improve the operational linkage between the NASA Chief Information Officer and each NASA mission directorate, center, and mission support office to ensure both agency and mission needs are considered in agency-wide information technology and information security management and oversight;

"(5) review the portfolio of information technology investments and spending, including information technology-related investments included as part of activities within NASA mission directorates that may not be considered information technology, to ensure investments are recognized and reported appropriately based on guidance from the Office of Management and Budget;

"(6) consider appropriate revisions to the charters of information technology boards and councils that inform information technology investment and operation decisions; and

"(7) consider whether the NASA Chief Information Officer should have a seat on any boards or councils described in paragraph (6).

"(b) GAO Study.—

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

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

"(A) the resources available for overseeing Administration-wide information technology operations, investments, and security measures and the NASA Chief Information Officer's visibility and involvement into information technology oversight and access to those resources;

"(B) the effectiveness and challenges of the Administration's information technology structure, decision making processes and authorities, including impacts on its ability to implement information security; and

"(C) the impact of NASA Chief Information Officer approval authority over information technology investments that exceed a defined monetary threshold, including any potential impacts of such authority on the Administration's missions, flights programs and projects, research activities, and Center operations.

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

"SEC. 812. INFORMATION TECHNOLOGY STRATEGIC PLAN.

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

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

"(1) the deadline under section 306(a) of title 5, United States Code; and

"(2) the requirements under section 3506 of title 44, United States Code.

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

"(1) near and long-term goals and objectives for leveraging information technology;

"(2) a plan for how NASA will submit to Congress of [sic] a list of information technology projects, including completion dates and risk level in accordance with guidance from the Office of Management and Budget;

"(3) an implementation overview for an agency-wide approach to information technology investments and operations, including reducing barriers to cross-center collaboration;

"(4) coordination by the NASA Chief Information Officer with centers and mission directorates to ensure that information technology policies are effectively and efficiently implemented across the agency;

"(5) a plan to increase the efficiency and effectiveness of information technology investments, including a description of how unnecessarily duplicative, wasteful, legacy, or outdated information technology across NASA will be identified and eliminated, and a schedule for the identification and elimination of such information technology;

"(6) a plan for improving the information security of agency information and agency information systems, including improving security control assessments and role-based security training of employees; and

"(7) submission by NASA to Congress of information regarding high risk projects and cybersecurity risks.

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

"SEC. 813. CYBERSECURITY.

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

"(b) Information Security Plan.—

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

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

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

"(A) reflects the unique nature of NASA's mission and expertise;

"(B) is informed by policies, standards, guidelines, and directives on information security required for Federal agencies;

"(C) is consistent with the standards and guidelines under section 11331 of title 40, United States Code; and

"(D) meets applicable National Institute of Standards and Technology information security standards and guidelines.

"(4) Contents.—The plan shall address—

"(A) an overview of the requirements of the information security system;

"(B) an agency-wide risk management framework for information security;

"(C) a description of the information security system management controls and common controls that are necessary to ensure compliance with information security-related requirements;

"(D) an identification and assignment of roles, responsibilities, and management commitment for information security at the agency;

"(E) coordination among organizational entities, including between each center, facility, mission directorate, and mission support office, and among agency entities responsible for different aspects of information security;

"(F) the need to protect the information security of mission-critical systems and activities and high-impact and moderate-impact information systems; and

"(G) a schedule of frequent reviews and updates, as necessary, of the plan."

Collaboration Among Mission Directorates

Pub. L. 115–10, title VIII, §821, Mar. 21, 2017, 131 Stat. 61, provided that:

The Administrator [of the National Aeronautics and Space Administration] shall encourage an interdisciplinary approach among all NASA [National Aeronautics and Space Administration] mission directorates and divisions, whenever appropriate, for projects or missions—

(1) to improve coordination, and encourage collaboration and early planning on scope;

(2) to determine areas of overlap or alignment;

(3) to find ways to leverage across divisional perspectives to maximize outcomes; and

(4) to be more efficient with resources and funds.

Users' Advisory Group

Pub. L. 101–611, title I, §121, Nov. 16, 1990, 104 Stat. 3204, provided that:

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

"(2) The Vice President shall name a chairman of the Users' Advisory Group.

"(3) The National Space Council shall from time to time, but not less than once a year, meet with the Users' Advisory Group.

"(4) The function of the Users' Advisory Group shall be to ensure that the interests of industries and other non-Federal entities involved in space activities, including in particular commercial entities, are adequately represented in the National Space Council.

"(5) The Users' Advisory Group may be assisted by personnel detailed to the National Space Council.

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

National Space Council

Pub. L. 101–328, §3(a), July 8, 1990, 104 Stat. 308, provided that: "Not more than six individuals may be employed by the National Space Council without regard to any provision of law regulating the employment or compensation of persons in the Government service, at rates not to exceed the rate of pay for level VI of the Senior Executive Schedule as provided pursuant to section 5382 of title 5, United States Code."

Pub. L. 101–328, §4, July 8, 1990, 104 Stat. 308, provided that: "The National Space Council may, for purposes of carrying out its functions, employ experts and consultants in accordance with section 3109 of title 5, United States Code, and may compensate individuals so employed for each day they are involved in a business of the National Space Council (including traveltime) at rates not in excess of the daily equivalent of the maximum rate of pay for grade GS–18 as provided pursuant to section 5332 of title 5, United States Code."

[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]

Pub. L. 100–685, title V, §501, Nov. 17, 1988, 102 Stat. 4102, provided that:

"(a) Effective February 1, 1989, there is established in the Executive Office of the President the National Space Council, which shall be chaired by the Vice President.

"(b) By March 1, 1989, the President shall submit to the Congress a report that outlines the composition and functions of the National Space Council.

"(c) The Council may employ a staff of not more than seven persons, which is to be headed by a civilian executive secretary, who shall be appointed by the President."

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, provided:

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

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

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

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

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

(ii) The Secretary of State;

(iii) The Secretary of Defense;

(iv) The Secretary of Commerce;

(v) The Secretary of Transportation;

(vi) The Secretary of Homeland Security;

(vii) The Director of National Intelligence;

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

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

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

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

(xii) The Assistant to the President for Homeland Security and Counterterrorism;

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

(xiv) The heads of other executive departments and agencies (agencies) and other senior officials within the Executive Office of the President, as determined by the Chair.

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

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

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

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

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

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

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

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

(c) The Council shall meet at least annually.

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

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

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

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

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

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

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

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

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

(b) The head of each agency that conducts space-related activities shall, to the extent permitted by law, conform such activities to the President's national space policy and strategy.

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

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

(b) Members of the Group shall serve without any compensation for their work for the Group. Members of the Group, while engaged in the work of the Group, may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), consistent with the availability of funds.

(c) The Group shall report directly to the Council and shall provide advice or work product solely to the Council.

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

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

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

(b) To the extent practicable and permitted by law, including the Economy Act, and within existing appropriations, agencies serving on the Council and interagency councils and committees that affect space policy or strategy shall make resources, including, but not limited to, personnel, office support, and printing, available to the Council as reasonably requested by the Chair or, upon the Chair's direction, the Executive Secretary.

(c) Agencies shall cooperate with the Council and provide such information and advice to the Council as it may reasonably request, to the extent permitted by law.

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

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

(b) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

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

Donald J. Trump.      

§20112. Functions of the Administration

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

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

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

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

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

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


(b) Research and Development in Certain Technologies.—

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20112 42 U.S.C. 2473(a), (b). Pub. L. 85–568, title II, §203(a), (b), July 29, 1958, 72 Stat. 429; Pub. L. 93–409, §4, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 94–413, §15(c), Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–401, §6, Sept. 30, 1978, 92 Stat. 860; Pub. L. 101–611, title I, §107, Nov. 16, 1990, 104 Stat. 3197.

§20113. Powers of the Administration in performance of functions

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

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

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

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


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

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

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

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

(4) to sell and otherwise dispose of real and personal property (including patents and rights thereunder) in accordance with the provisions of chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.); 1 and

(5) to provide by contract or otherwise for cafeterias and other necessary facilities for the welfare of employees of the Administration at its installations and purchase and maintain equipment therefor.


(d) Gifts.—In the performance of its functions, the Administration is authorized to accept unconditional gifts or donations of services, money, or property, real, personal, or mixed, tangible or intangible.

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

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

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

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

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

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

(k) Concessions for Visitors' Facilities.—

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

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

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

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

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


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

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

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

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


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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3333; Pub. L. 114–90, title I, §112(d), Nov. 25, 2015, 129 Stat. 712; Pub. L. 115–10, title VIII, §835(d), Mar. 21, 2017, 131 Stat. 69.)

Historical and Revision Notes
Revised

Section

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

In subsection (b), in the matter before paragraph (1), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" on authority of section 7(b) of Public Law 89–554 (80 Stat. 631), the first section of which enacted Title 5, Government Organization and Employees.

In subsection (c)(2), the words "section 8141 of title 40" are substituted for "the Act of March 3, 1877 (40 U.S.C. 34)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.

In subsection (c)(4), the words "in accordance with the provisions of chapters 1 to 11 of title 40 and in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are substituted for "in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.

In subsection (e), the words "subsections (a) and (b) of section 3324 of title 31" are substituted for "section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)" on authority of section 4(b) of Public Law 97–258 (96 Stat. 1067), the first section of which enacted Title 31, Money and Finance.

In subsection (i), the words "maximum rate payable under section 5376 of title 5" are substituted for "rate for GS–18" because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (enacted by §529 of Public Law 101–509, 5 U.S.C. 5376 note).

In subsection (k)(1), the words "section 1302 of title 40" are substituted for "section 321 of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)" on authority of section 5(c) of Public Law 107–217 (116 Stat. 1303), the first section of which enacted Title 40, Public Buildings, Property, and Works.

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).

Effective Date of 2017 Amendment

Pub. L. 115–10, title VIII, §835(d)(2), Mar. 21, 2017, 131 Stat. 69, provided that the amendment by section 835(d)(2) is effective Sept. 30, 2017.

Collaboration

Pub. L. 115–10, title V, §517, Mar. 21, 2017, 131 Stat. 54, provided that: "The Administration [National Aeronautics and Space Administration] shall continue to develop first-of-a-kind instruments that, once proved, can be transitioned to other agencies for operations. Whenever responsibilities for the development of sensors or for measurements are transferred to the Administration from another agency, the Administration shall seek, to the extent possible, to be reimbursed for the assumption of such responsibilities."

Space Act Agreements

Pub. L. 115–10, title VIII, §841, Mar. 21, 2017, 131 Stat. 72, provided that:

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

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

"(c) Non-exclusivity.—

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

"(A) except as provided in paragraph (2), on a nonexclusive basis;

"(B) in a manner that ensures all non-government parties have equal access to NASA resources; and

"(C) exercising reasonable care not to reveal unique or proprietary information.

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

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

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

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

"(e) Annual Reports.—

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

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

"(A) an indication of whether the agreement is a reimbursable, non-reimbursable, or funded Space Act Agreement;

"(B) a description of—

"(i) the subject and terms;

"(ii) the parties;

"(iii) the responsible—

     "(I) Mission Directorate;

     "(II) Center; or

     "(III) headquarters element;

"(iv) the value;

"(v) the extent of the cost sharing among Federal Government and non-Federal sources;

"(vi) the time period or schedule; and

"(vii) all milestones; and

"(C) an indication of whether the agreement was renewed during the previous fiscal year.

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

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

"(A) the technology areas in which research projects were conducted under that agreement;

"(B) the extent to which the use of that agreement—

"(i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and

"(ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and

"(C) the total amount of value received by the Federal Government during the fiscal year under that agreement."

Sense of Congress

Pub. L. 114–90, title I, §112(b), Nov. 25, 2015, 129 Stat. 711, provided that: "The National Aeronautics and Space Administration has a need to fly government astronauts (as defined in section 50902 of title 51, United States Code, as amended) within commercial launch vehicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of Transportation and the Administrator of the National Aeronautics and Space Administration due to the intended use of commercial launch vehicles and reentry vehicles developed under the Commercial Crew Development Program, authorized in section 402 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2820; Public Law 111–267). It is the sense of Congress that the authority delegated to the Administration by the amendment made by subsection (d) of this section [amending this section] should be used for that purpose."

Purchase of American-Made Equipment and Products

Pub. L. 106–391, title III, §319, Oct. 30, 2000, 114 Stat. 1597, provided that:

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

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

Enhancement of Science and Mathematics Programs

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

"(a) Definitions.—In this section:

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

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

"(b) Sense of the Congress.—

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

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

1 See References in Text note below.

§20114. Administration and Department of Defense coordination

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20114(a) 42 U.S.C. 2474(b). Pub. L. 85–568, title II, §204(b), (c), July 29, 1958, 72 Stat. 431.
20114(b) 42 U.S.C. 2474(c).

In subsection (a), the words "through the President" are substituted for "through the Liaison Committee" because the Civilian-Military Liaison Committee, which was established by section 204(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2474(a)), was abolished and its functions, together with the functions of its chairman and other officers, were transferred to the President by sections 1(e) and 3(a) of Reorganization Plan No. 4 of 1965 (5 App. U.S.C.).

In subsection (b), the words "as provided in section 201 (e)", which appeared at the end of the subsection, are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of title 42 (last appearing in the 1970 edition of the United States Code), established the National Aeronautics and Space Council, with the functions of the Council specified in section 201(e). Those functions included advising the President "as he may request" with respect to promoting cooperation and resolving differences among agencies of the United States engaged in aeronautical and space activities. The words are obsolete because section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 App. U.S.C.), abolished the National Aeronautics and Space Council, including the office of Executive Secretary of the Council, together with its functions.

§20115. International cooperation

The Administration, under the foreign policy guidance of the President, may engage in a program of international cooperation in work done pursuant to this chapter, and in the peaceful application of the results thereof, pursuant to agreements made by the President with the advice and consent of the Senate.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20115 42 U.S.C. 2475. Pub. L. 85–568, title II, §205, July 29, 1958, 72 Stat. 432.

Delegation of Authority

Memorandum of President of the United States, Oct. 10, 1995, 60 F.R. 53251, provided:

Memorandum for the Administrator of the National and Aeronautics and Space Administration

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to facilitate the efficient operations of the aeronautical and space programs of the National Aeronautics and Space Administration (NASA), it is hereby ordered as follows:

The authority conferred upon the President by the Constitution and the laws of the United States of America to executive mutual waivers of claims of liability on behalf of the United States for damages arising out of cooperative activities is hereby delegated to the Administrator of NASA for agreements with foreign governments and their agents regarding aeronautical, science, and space activities that are executed pursuant to the authority granted NASA by the National Aeronautics and Space Act of 1958, Public Law 85–568, as amended [see 51 U.S.C. 20101 et seq.]. All such agreements shall be subject to coordination with and the concurrence of the Department of State to the extent provided by applicable law, regulations, and procedures. All such waivers of liability entered into prior to the date of this memorandum are hereby ratified.

You are authorized and directed to publish this memorandum in the Federal Register.

William J. Clinton.      

§20116. Reports to Congress

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

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

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


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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20116 42 U.S.C. 2476. Pub. L. 85–568, title II, §206, July 29, 1958, 72 Stat. 432; Pub. L. 92–68, §7, Aug. 6, 1971, 85 Stat. 177; Pub. L. 106–391, title III, §302(b), Oct. 30, 2000, 114 Stat. 1591.

In subsections (a)(2) and (b), the words "section 102(c) of this Act", which appear in section 206 of Public Law 85–568 (72 Stat. 432), are treated as referring to section 102(d), rather than section 102(c), of Public Law 85–568 because of the redesignation done by section 110(a)(2) of the National Aeronautics and Space Administration Authorization Act, 1985 (Public Law 98–361, 98 Stat. 426). Section 102(d) of Public Law 85–568 is restated as section 20102(d) of title 51.

Delegation of Certain Reporting Authority

Memorandum of President of the United States, Mar. 5, 2004, 69 F.R. 11489, provided:

Memorandum for the Administrator of the National Aeronautics and Space Administration

By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the President by section 206 of the National Aeronautics and Space Act of 1958, as amended ([former] 42 U.S.C. 2476) [now 51 U.S.C. 20116], to provide the specified report to the Congress. Nothing in this delegation shall be construed to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budget, administrative, and legislative proposals.

You are authorized and directed to publish this memorandum in the Federal Register.

George W. Bush.      

§20117. Disposal of excess land

Notwithstanding the provisions of this or any other law, the Administration may not report to a disposal agency as excess to the needs of the Administration any land having an estimated value in excess of $50,000 that is owned by the United States and under the jurisdiction and control of the Administration, unless—

(1) a period of 30 days has passed after the receipt by the Speaker and the Committee on Science and Technology of the House of Representatives and the President and the Committee on Commerce, Science, and Transportation of the Senate of a report by the Administrator or the Administrator's designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such action; or

(2) each such committee before the expiration of that period has transmitted to the Administrator written notice to the effect that the committee has no objection to the proposed action.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
20117 42 U.S.C. 2476a. Pub. L. 85–568, title II, §207, as added Pub. L. 93–74, §7, July 23, 1973, 87 Stat. 175; amended Pub. L. 103–437, §15(j), Nov. 2, 1994, 108 Stat. 4593.

In paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science, Space, and Technology" on authority of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the Rules of the House of Representatives, adopted by House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

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.