[USC02] 51 USC Subtitle III: Administrative Provisions
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51 USC Subtitle III: Administrative Provisions
From Title 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS

Subtitle III—Administrative Provisions

CHAPTER 301—APPROPRIATIONS, BUDGETS, AND ACCOUNTING

Sec.
30101.
Prior authorization of appropriations required.
30102.
Working capital fund.
30103.
Budgets.
30104.
Baselines and cost controls.

        

§30101. Prior authorization of appropriations required

Notwithstanding the provisions of any other law, no appropriation may be made to the Administration unless previously authorized by legislation enacted by Congress.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30101 42 U.S.C. 2460. Pub. L. 86–45, §4, June 15, 1959, 73 Stat. 75.

The word "hereafter" is omitted as unnecessary.

§30102. Working capital fund

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

(b) Availability of Amounts.—

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

(A) within the Administration;

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

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

(D) to other public or private agencies; or

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


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

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


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

(1) amounts appropriated to the fund;

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

(3) payments received for loss or damage to property of the fund; and

(4) refunds or rebates received on an on-going basis from a credit card services provider under the National Aeronautics and Space Administration's credit card programs.


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

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3357; Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 264.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30102 42 U.S.C. 2459i. Pub. L. 108–7, div. K, title III, (last par. under heading "Administrative Provisions", at 117 Stat. 520), Feb. 20, 2003, 117 Stat. 520.

Amendments

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

§30103. Budgets

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

(1) by program—

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

(B) the budget for exploration systems;

(C) the budget for aeronautics;

(D) the budget for space science;

(E) the budget for Earth science;

(F) the budget for microgravity science;

(G) the budget for education;

(H) the budget for safety oversight; and

(I) the budget for public relations;


(2) the budget for technology transfer programs;

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

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

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

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


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

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

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

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

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


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

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

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

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


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

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

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

(3) The budget for headquarters including—

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

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

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


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

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

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

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

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


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

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


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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30103(a) 42 U.S.C. 16611(h)(1). Pub. L. 109–155, title I, §101(h)(1), (i), Dec. 30, 2005, 119 Stat. 2903.
30103(b) 42 U.S.C. 16611(i).
30103(c) 42 U.S.C. 16611b. Pub. L. 110–161, div. B, title III, (7th par. under heading "Administrative Provisions", at 121 Stat. 1919), Dec. 26, 2007, 121 Stat. 1919.
30103(d) 42 U.S.C. 16611b note. Pub. L. 111–8, div. B, title III, (3d proviso in par. under heading "Cross Agency Support", at 123 Stat. 589), Mar. 11, 2009, 123 Stat. 589.

In subsection (a)(5), the source law's reference to "section 104" of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2910) is translated as "section 20144" of title 51. Section 104 of the National Aeronautics and Space Administration Authorization Act of 2005 amended the National Aeronautics and Space Act of 1958 (Public Law 85–568, 72 Stat. 426) by inserting a new section 314, which is restated as section 20144 of title 51.

In subsection (b), in the matter before paragraph (1), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

In subsection (c), in the matter before paragraph (1), the words "For fiscal year 2009 and hereafter" are omitted as unnecessary.

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

Estimates of Receipts and Collections and Proposed Use of Funds From Leases of Non-Excess Property

Pub. L. 116–93, div. B, title III, Dec. 20, 2019, 133 Stat. 2418, provided in part: "That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 116–6, div. C, title III, Feb. 15, 2019, 133 Stat. 123.

Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431.

Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. 214.

Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. 2318.

Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203.

Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72.

Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. 263.

Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625.

Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144.

Transmission of Budget Estimates

Pub. L. 102–588, title II, §210, Nov. 4, 1992, 106 Stat. 5115, provided that: "The Administrator [of the National Aeronautics and Space Administration] shall, at the time of submission of the President's annual budget, transmit to the Congress—

"(1) a five-year budget detailing the estimated development costs for each individual program under the jurisdiction of the National Aeronautics and Space Administration for which development costs are expected to exceed $200,000,000; and

"(2) an estimate of the life-cycle costs associated with each such program."

Similar provisions were contained in the following prior appropriation authorization act:

Pub. L. 102–195, §11, Dec. 9, 1991, 105 Stat. 1612.

§30104. Baselines and cost controls

(a) Definitions.—In this section:

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

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

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

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


(b) Conditions for Development.—

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

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

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

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


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

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


(c) Major Program Annual Reports.—

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

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

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

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

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

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

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


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


(d) Notification.—

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

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

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


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

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


(e) Fifteen Percent Threshold.—

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

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

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

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

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


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

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

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

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


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


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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30104 42 U.S.C. 16613. Pub. L. 109–155, title I, §103, Dec. 30, 2005, 119 Stat. 2907.

In subsections (b)(2), (c)(1), (d)(3), and (e)(1)(A), (2), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

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".

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

Sec.
30301.
Guaranteed customer base.
30302.
Quality assurance personnel.
30303.
Tracking and data relay satellite services.
30304.
Award of contracts to small businesses and disadvantaged individuals.
30305.
Outreach program.
30306.
Small business contracting.
30307.
Requirement for independent cost analysis.
30308.
Cost effectiveness calculations.
30309.
Use of abandoned and underutilized buildings, grounds, and facilities.
30310.
Exception to alternative fuel procurement requirement.

        

Detection and Avoidance of Counterfeit Parts

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

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

"(1) A 2012 investigation by the Committee on Armed Services of the Senate of counterfeit electronic parts in the Department of Defense supply chain from 2009 through 2010 uncovered 1,800 cases and over 1,000,000 counterfeit parts and exposed the threat such counterfeit parts pose to service members and national security.

"(2) Since 2010, the Comptroller General of the United States has identified in 3 separate reports the risks and challenges associated with counterfeit parts and counterfeit prevention at both the Department of Defense and NASA, including inconsistent definitions of counterfeit parts, poorly targeted quality control practices, and potential barriers to improvements to these practices.

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

"(c) Regulations.—

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

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

"(A) require each covered contractor—

"(i) to detect and avoid the use or inclusion of any counterfeit parts in electronic parts or products that contain electronic parts;

"(ii) to take such corrective actions as the Administrator considers necessary to remedy the use or inclusion described in clause (i); and

"(iii) including a subcontractor, to notify the applicable NASA contracting officer not later than 30 calendar days after the date the covered contractor becomes aware, or has reason to suspect, that any end item, component, part or material contained in supplies purchased by NASA, or purchased by a covered contractor or subcontractor for delivery to, or on behalf of, NASA, contains a counterfeit electronic part or suspect counterfeit electronic part; and

"(B) prohibit the cost of counterfeit electronic parts, suspect counterfeit electronic parts, and any corrective action described under subparagraph (A)(ii) from being included as allowable costs under agency contracts, unless—

"(i)(I) the covered contractor has an operational system to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts that has been reviewed and approved by NASA or the Department of Defense; and

"(II) the covered contractor has provided the notice under subparagraph (A)(iii); or

"(ii) the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the covered contractor as Government property in accordance with part 45 of the Federal Acquisition Regulation.

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

"(A) require NASA and covered contractors, including subcontractors, at all tiers—

"(i) to obtain electronic parts that are in production or currently available in stock from—

     "(I) the original manufacturers of the parts or their authorized dealers; or

     "(II) suppliers who obtain such parts exclusively from the original manufacturers of the parts or their authorized dealers; and

"(ii) to obtain electronic parts that are not in production or currently available in stock from suppliers that meet qualification requirements established under subparagraph (C);

"(B) establish documented requirements consistent with published industry standards or Government contract requirements for—

"(i) notification of the agency; and

"(ii) inspection, testing, and authentication of electronic parts that NASA or a covered contractor, including a subcontractor, obtains from any source other than a source described in subparagraph (A);

"(C) establish qualification requirements, consistent with the requirements of section 2319 of title 10, United States Code, pursuant to which NASA may identify suppliers that have appropriate policies and procedures in place to detect and avoid counterfeit electronic parts and suspect counterfeit electronic parts; and

"(D) authorize a covered contractor, including a subcontractor, to identify and use additional suppliers beyond those identified under subparagraph (C) if—

"(i) the standards and processes for identifying such suppliers comply with established industry standards;

"(ii) the covered contractor assumes responsibility for the authenticity of parts provided by such suppliers under paragraph (2); and

"(iii) the selection of such suppliers is subject to review and audit by NASA.

"(d) Definitions.—In this section:

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

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

[For definitions of terms used in section 823 of Pub. L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.]

Avoiding Organizational Conflicts of Interest in Major Administration Acquisition Programs

Pub. L. 115–10, title VIII, §830, Mar. 21, 2017, 131 Stat. 66, provided that:

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

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

"(1) address organizational conflicts of interest that could potentially arise as a result of—

"(A) lead system integrator contracts on major acquisition programs and contracts that follow lead system integrator contracts on such programs, particularly contracts for production;

"(B) the ownership of business units performing systems engineering and technical assistance functions, professional services, or management support services in relation to major acquisition programs by contractors who simultaneously own business units competing to perform as either the prime contractor or the supplier of a major subsystem or component for such programs;

"(C) the award of major subsystem contracts by a prime contractor for a major acquisition program to business units or other affiliates of the same parent corporate entity, and particularly the award of subcontracts for software integration or the development of a proprietary software system architecture; or

"(D) the performance by, or assistance of, contractors in technical evaluations on major acquisition programs;

"(2) require the Administration to request advice on systems architecture and systems engineering matters with respect to major acquisition programs from objective sources independent of the prime contractor;

"(3) require that a contract for the performance of systems engineering and technical assistance functions for a major acquisition program contains a provision prohibiting the contractor or any affiliate of the contractor from participating as a prime contractor or a major subcontractor in the development of a system under the program; and

"(4) establish such limited exceptions to the requirement[s] in paragraphs (2) and (3) as the Administrator considers necessary to ensure that the Administration has continued access to advice on systems architecture and systems engineering matters from highly qualified contractors with domain experience and expertise, while ensuring that such advice comes from sources that are objective and unbiased."

§30301. Guaranteed customer base

No amount appropriated to the Administration may be used to fund grants, contracts, or other agreements with an expected duration of more than one year, when a primary effect of the grant, contract, or agreement is to provide a guaranteed customer base for or establish an anchor tenancy in new commercial space hardware or services unless an appropriations Act specifies the new commercial space hardware or services to be developed or used, or the grant, contract, or agreement is otherwise identified in such Act.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30301 42 U.S.C. 2459d. Pub. L. 102–139, title III, (1st par. under heading "Administrative Provisions", at 105 Stat. 771), Oct. 28, 1991, 105 Stat. 771.

The words "in this or any other Act with respect to any fiscal year" are omitted as unnecessary.

§30302. Quality assurance personnel

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30302 42 U.S.C. 2459e. Pub. L. 102–195, §19, Dec. 9, 1991, 105 Stat. 1615.

In subsection (a), the date "December 9, 1991" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605).

In subsection (a), the words "that has been submitted to Congress as provided" are substituted for "described" for clarity.

§30303. Tracking and data relay satellite services

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30303(a) 42 U.S.C. 2463 (1st par.). Pub. L. 95–76, §6, July 30, 1977, 91 Stat. 315; Pub. L. 103–437, §15(c)(3), Nov. 2, 1994, 108 Stat. 4592.
30303(b) 42 U.S.C. 2463 (last par.).

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

In subsection (b), the word "hereafter" is omitted as unnecessary.

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

§30304. Award of contracts to small businesses and disadvantaged individuals

The Administrator shall annually establish a goal of at least 8 percent of the total value of prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, which funds will be made available to small business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of paragraphs (5) and (6) of section 8(a) of the Small Business Act (15 U.S.C. 637(a))), including Historically Black Colleges and Universities that are part B institutions (as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanic-serving institutions (as defined in section 502(a)(5) of that Act (20 U.S.C. 1101a(a)(5))), Tribal Colleges or Universities (as defined in section 316(b)(3) of that Act (20 U.S.C. 1059c(b)(3))), Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2))), Native Hawaiian-serving institutions (as defined in section 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and minority educational institutions (as defined by the Secretary of Education pursuant to the General Education Provisions Act (20 U.S.C. 1221 et seq.)).

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30304 42 U.S.C. 2473b (1st par.). Pub. L. 101–144, title III, (1st par. under heading "Small and Disadvantaged Business", at 103 Stat. 863), Nov. 9, 1989, 103 Stat. 863; Pub. L. 109–155, title VI, §611, Dec. 30, 2005, 119 Stat. 2932.

The word "Alaska" is substituted for "Alaskan" in the phrase "Alaska Native-serving institutions (as defined in section 317(b)(2) of that Act (20 U.S.C. 1059d(b)(2)))" for consistency with the term defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)).

References in Text

The General Education Provisions Act, referred to in text, is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 814, which is classified generally to chapter 31 (§1221 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see section 1221 of Title 20 and Tables.

§30305. Outreach program

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

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

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

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

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


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

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

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30305 42 U.S.C. 17824. Pub. L. 110–422, title XI, §1107, Oct. 15, 2008, 122 Stat. 4810.

In subsection (c), in the matter before paragraph (1), the date "October 15, 2008" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2008.

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

§30306. Small business contracting

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30306 42 U.S.C. 16821. Pub. L. 109–155, title VII, §707, Dec. 30, 2005, 119 Stat. 2937.

§30307. Requirement for independent cost analysis

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30307 42 U.S.C. 2459g. Pub. L. 106–391, title III, §301, Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title VII, §704, Dec. 30, 2005, 119 Stat. 2936.

In subsection (b), in the first sentence, the words "the Administrator shall conduct" are substituted for "the Administrator for the National Aeronautics and Space Administration shall conduct" to eliminate unnecessary words.

In subsection (b), in the last sentence, the word "experts" is substituted for "expertise" for clarity.

Cost Estimation

Pub. L. 115–10, title VIII, §836, Mar. 21, 2017, 131 Stat. 69, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) realistic cost estimating is critically important to the ultimate success of major space development projects; and

"(2) the [National Aeronautics and Space] Administration has devoted significant efforts over the past 5 years to improving its cost estimating capabilities, but it is important that the Administration continue its efforts to develop and implement guidance in establishing realistic cost estimates.

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

"(1) guidance on when to use an Independent Cost Estimate and Independent Cost Assessment; and

"(2) criteria to use to make a determination under paragraph (1)."

§30308. Cost effectiveness calculations

(a) Definitions.—In this section:

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

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


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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30308(a) (no source)
30308(b) 42 U.S.C. 2459h. Pub. L. 106–391, title III, §304, Oct. 30, 2000, 114 Stat. 1592.

In subsection (a), definitions of "commercial provider" and "State" are added to carry forward the appropriate definitions from section 3 of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1579, 1580).

§30309. Use of abandoned and underutilized buildings, grounds, and facilities

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

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

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

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

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

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

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

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

(ii) underutilized by that agency.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30309 42 U.S.C. 2473d. Pub. L. 106–391, title III, §325, Oct. 30, 2000, 114 Stat. 1600.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation authorization act:

Pub. L. 102–588, title II, §220, Nov. 4, 1992, 106 Stat. 5118.

§30310. Exception to alternative fuel procurement requirement

Section 526(a) 1 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142(a)) does not prohibit the Administration from entering into a contract to purchase a generally available fuel that is not an alternative or synthetic fuel or predominantly produced from a nonconventional petroleum source, if—

(1) the contract does not specifically require the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source;

(2) the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; and

(3) the contract does not provide incentives for a refinery upgrade or expansion to allow a refinery to use or increase its use of fuel from a nonconventional petroleum source.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30310 42 U.S.C. 17827. Pub. L. 110–422, title XI, §1112, Oct. 15, 2008, 122 Stat. 4811.

References in Text

Section 526(a) of the Energy Independence and Security Act of 2007, referred to in text, probably means section 526 of Pub. L. 110–140, which is classified to section 17142 of Title 42, The Public Health and Welfare, but does not contain subsecs.

1 See References in Text note below.

CHAPTER 305—MANAGEMENT AND REVIEW

Sec.
30501.
Lessons learned and best practices.
30502.
Whistleblower protection.
30503.
Performance assessments.
30504.
Assessment of science mission extensions.

        

Assessment of Impediments to Space Science and Engineering Workforce Development for Minority and Underrepresented Groups at NASA

Pub. L. 111–358, title II, §203, Jan. 4, 2011, 124 Stat. 3994, provided that:

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

"(1) measures to address such impediments;

"(2) opportunities for augmenting the impact of space science and engineering workforce development activities and for expanding proven, effective programs; and

"(3) best practices and lessons learned, as identified through the assessment, to help maximize the effectiveness of existing and future programs to increase the participation of minority and underrepresented groups in the space science and engineering workforce at NASA.

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

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

Ex. Ord. No. 11374. Abolition of Missile Sites Labor Commission

Ex. Ord. No. 11374, Oct. 11, 1967, 32 F.R. 14199, provided:

By virtue of the authority vested in me as President of the United States, it is ordered as follows:

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

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

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

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

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

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

Lyndon B. Johnson.      

Task Force on Space Industry Workforce and Economic Development

Memorandum of President of the United States, May 3, 2010, 75 F.R. 24781, provided:

Memorandum for the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of Labor[,] the Secretary of Housing and Urban Development[,] the Secretary of Transportation[,] the Secretary of Education[,] the Director of the Office of Management and Budget[,] the Administrator of the Small Business Administration[,] the Administrator of the National Aeronautics and Space Administration[,] the Chair of the Council of Economic Advisers[,] the Director of National Intelligence[,] the Director of the Office of Science and Technology Policy[, and] the Director of the National Economic Council

My Administration is committed to implementing a bold, new approach to human spaceflight. Supported by a $6 billion increase to the National Aeronautics and Space Administration's (NASA) budget over the next 5 years, this strategy will foster the development of path-breaking technologies, increase the reach and reduce the cost of human and robotic exploration of space, and help create thousands of new jobs.

NASA's budget also includes $429 million next year, and $1.9 billion over the next 5 years, to modernize the Kennedy Space Center and other nearby space launch facilities in Florida. This modernization effort will help spur new commercial business and innovation and provide additional good jobs to the region. While all of the new aspects of my Administration's plan together will create thousands of new jobs in Florida, past decisions to end the Space Shuttle program will still affect families and communities along Florida's "Space Coast."

Building on this significant new investment at the Kennedy Space Center and my increased budget for NASA overall, I am committed to taking additional steps to help local economies like Florida's Space Coast adapt and thrive in the years ahead. The men and women who work in Florida's aerospace industry are some of the most talented and highly trained in the Nation. It is critical that their skills are tapped as we transform and expand the country's space exploration efforts. That is why I am launching a $40 million, multi-agency initiative to help the Space Coast transform their economies and prepare their workers for the opportunities of tomorrow. This effort will build on and complement ongoing local and Federal economic and workforce-development efforts through a Task Force composed of senior-level Administration officials from relevant agencies that will construct an economic development action plan by August 15, 2010.

To these ends, I hereby direct the following:

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

(a) Membership of the Task Force. In addition to the Co-Chairs, the Task Force shall consist of the following members:

(i) the Secretary of Defense;

(ii) the Secretary of Labor;

(iii) the Secretary of Housing and Urban Development;

(iv) the Secretary of Transportation;

(v) the Secretary of Education;

(vi) the Chair of the Council of Economic Advisers;

(vii) the Director of the Office of Management and Budget;

(viii) the Administrator of the Small Business Administration;

(ix) the Director of National Intelligence;

(x) the Director of the Office of Science and Technology Policy;

(xi) the Director of the National Economic Council; and

(xii) the heads of such other executive departments, agencies, and offices as the President may, from time to time, designate.

A member of the Task Force may designate, to perform the Task Force functions of the member, a senior-level official who is a part of the member's department, agency, or office, and who is a full-time officer or employee of the Federal Government.

(b) Administration. The Co-Chairs shall convene regular meetings of the Task Force, determine its agenda, and direct its work. At the direction of the Co-Chairs, the Task Force may establish subgroups consisting exclusively of Task Force members or their designees, as appropriate.

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

The Task Force will perform the following functions, to the extent permitted by law:

(a) provide leadership and coordination of Federal Government resources to facilitate workforce and economic development opportunities for aerospace communities and workers affected by new developments in America's space exploration program. Such support may include the use of personnel, technical expertise, and available financial resources, and may be used to provide a coordinated Federal response to the needs of individual States, regions, municipalities, and communities adversely affected by space industry changes;

(b) provide recommendations to the President on ways Federal policies and programs can address issues of special importance to aerospace communities and workers; and

(c) help ensure that officials from throughout the executive branch, including officials on existing committees or task forces addressing technological development, research, or aerospace issues, advance the President's agenda for the transformation of America's space exploration program and support the coordination of Federal economic adjustment assistance activities.

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

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

(a) recommends how best to invest $40 million in transition assistance funding to ensure robust workforce and economic development in those communities within Florida affected by transitions in America's space exploration program;

(b) describes how the plan will build on and complement ongoing economic and workforce development efforts;

(c) explores future workforce and economic development activities that could be undertaken for affected aerospace communities in other States, as appropriate;

(d) identifies areas of collaboration with other public or nongovernmental actors to achieve the objectives of the Task Force; and

(e) details a coordinated implementation strategy by executive departments and agencies to meet the objectives of the Task Force.

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

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

(b) nothing in this memorandum shall be construed to impair or otherwise affect:

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

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

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

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

(e) The Administrator of the National Aeronautics and Space Administration shall publish this memorandum in the Federal Register.

Barack Obama.      

§30501. Lessons learned and best practices

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

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30501 42 U.S.C. 16615. Pub. L. 109–155, title I, §107, Dec. 30, 2005, 119 Stat. 2912.

In subsection (a), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

In subsection (a), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

§30502. Whistleblower protection

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

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

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

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

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

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

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

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

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


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

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30502 42 U.S.C. 16618. Pub. L. 109–155, title I, §110, Dec. 30, 2005, 119 Stat. 2914.

In subsection (a), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).

In subsections (a) and (d), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

In subsection (d), the words "Not later than February 15 of each year beginning February 15, 2007" are substituted for "Not later than February 15 of each year beginning with the year after the date of enactment of this Act" for clarity.

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

§30503. Performance assessments

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

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

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

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

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30503 42 U.S.C. 16651. Pub. L. 109–155, title III, §301, Dec. 30, 2005, 119 Stat. 2916.

In subsections (b) and (c), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).

In subsection (c), the words "Committee on Science and Technology" are substituted for "Committee on Science" on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

Change of Name

Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.

§30504. Assessment of science mission extensions

(a) Assessments.—

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

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


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

(1) consult with any affected Federal agency; and

(2) take into account the potential benefits of instruments on missions that are beyond their planned mission lifetime.


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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30504(a) 42 U.S.C. 16654(a) (matter before par. (1)). Pub. L. 109–155, title III, §304(a) (matter before par. (1)), (2), Dec. 30, 2005, 119 Stat. 2918.
30504(b) 42 U.S.C. 16654(a)(2).

In subsection (a), the words "In addition—" are omitted as unnecessary.

Amendments

2017Pub. L. 115–10 amended section generally. Prior to amendment, text read as follows:

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

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

CHAPTER 307—INTERNATIONAL COOPERATION AND COMPETITION

Sec.
30701.
Competitiveness and international cooperation.
30702.
Foreign contract limitation.
30703.
Foreign launch vehicles.
30704.
Offshore performance of contracts for the procurement of goods and services.

        

§30701. Competitiveness and international cooperation

(a) Limitation.—

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

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

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

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


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


(b) National Interests.—

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

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

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

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

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

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


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

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

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

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


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

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

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

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

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

(B) is undertaken in a manner that is sensitive to the desire of United States commercial providers to develop or explore space commercially;

(C) is consistent with the need for Federal agencies to use space to complete their missions; and

(D) is carried out in a manner consistent with United States export control laws.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3369.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30701(a) 42 U.S.C. 2475a(a). Pub. L. 106–391, title I, §126, Oct. 30, 2000, 114 Stat. 1585.
30701(b)(1) (no source)
30701(b)(2) 42 U.S.C. 2475a(b).
30701(b)(3) (no source)

In subsection (b)(1), the definition of "United States commercial provider" is added to carry forward the appropriate definition from section 3 of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1580).

In subsection (b)(3), the description of national interests of the United States is added to carry forward the appropriate description of national interests of the United States from section 2(6) of the National Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1578).

References in Text

The National Aeronautics and Space Administration Authorization Act of 2000, referred to in subsec. (b)(1)(B)(ii)(I), is Pub. L. 106–391, Oct. 30, 2000, 114 Stat. 1577. For complete classification of this Act to the Code, see Tables.

Limitation on International Agreements Concerning Outer Space Activities

Pub. L. 112–239, div. A, title IX, §913(a), (b), Jan. 2, 2013, 126 Stat. 1874, provided that:

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

"(1) the President shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate a certification that such agreement has no legally-binding effect or basis for limiting the activities of the United States in outer space; and

"(2) the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Director of National Intelligence shall jointly submit to the congressional defense committees a certification that such agreement will be equitable, enhance national security, and have no militarily significant impact on the ability of the United States to conduct military or intelligence activities in space.

"(b) Briefings and Notifications Required.—

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

"(2) Briefings.—

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

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

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

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

"(A) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and

"(B) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate."

§30702. Foreign contract limitation

The Administration shall not enter into any agreement or contract with a foreign government that grants the foreign government the right to recover profit in the event that the agreement or contract is terminated.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30702 42 U.S.C. 2475b. Pub. L. 106–391, title III, §305, Oct. 30, 2000, 114 Stat. 1592.

§30703. Foreign launch vehicles

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

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30703 42 U.S.C. 16614. Pub. L. 109–155, title I, §105, Dec. 30, 2005, 119 Stat. 2912.

In subsection (c), the date "December 30, 2005" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).

§30704. Offshore performance of contracts for the procurement of goods and services

The Administrator shall submit to Congress, not later than 120 days after the end of each fiscal year, a report on the contracts and subcontracts performed overseas and the amount of purchases directly or indirectly by the Administration from foreign entities in that fiscal year. The report shall separately indicate—

(1) the contracts and subcontracts and their dollar values for which the Administrator determines that essential goods or services under the contract are available only from a source outside the United States; and

(2) the items and their dollar values for which the Buy American Act (41 U.S.C. 10a et seq.1 was waived pursuant to obligations of the United States under international agreements.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30704 42 U.S.C. 16823. Pub. L. 109–155, title VII, §709, Dec. 30, 2005, 119 Stat. 2938.

In the matter before paragraph (1), the words "beginning with the first fiscal year after the date of enactment of this Act [December 30, 2005]" are omitted as obsolete.

References in Text

The Buy American Act, referred to in par. (2), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

1 See References in Text note below.

CHAPTER 309—AWARDS

Sec.
30901.
Congressional Space Medal of Honor.
30902.
Charles "Pete" Conrad Astronomy Awards.

        

§30901. Congressional Space Medal of Honor

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30901(a) 42 U.S.C. 2461 (1st par.). Pub. L. 91–76, §1, Sept. 29, 1969, 83 Stat. 124.
30901(b) 42 U.S.C. 2461 (last par.). Pub. L. 91–76, §2, Sept. 29, 1969, 83 Stat. 124.

§30902. Charles "Pete" Conrad Astronomy Awards

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

(b) Definitions.—In this section:

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

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

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

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


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

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

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

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

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

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


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

(5) Guidelines.—

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30902 42 U.S.C. 16792. Pub. L. 109–155, title VI, §613, Dec. 30, 2005, 119 Stat. 2932.

CHAPTER 311—SAFETY

Sec.
31101.
Aerospace Safety Advisory Panel.
31102.
Drug and alcohol testing.

        

§31101. Aerospace Safety Advisory Panel

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

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

(c) Duties.—The Panel shall—

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

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

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

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

(C) management and culture related to safety; and


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


(d) Compensation and Expenses.—

(1) Compensation.—

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

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


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


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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31101(a) 42 U.S.C. 2477(a) (1st, last sentences). Pub. L. 90–67, §6, Aug. 21, 1967, 81 Stat. 170; Pub. L. 94–307, §8, June 4, 1976, 90 Stat. 681; Pub. L. 99–234, title I, §107(f), Jan. 2, 1986, 99 Stat. 1759; Pub. L. 109–155, title I, §106, Dec. 30, 2005, 119 Stat. 2912.
31101(b) 42 U.S.C. 2477(a) (3d sentence).
31101(c) 42 U.S.C. 2477(a) (2d sentence).
31101(d) 42 U.S.C. 2477(a) (4th, 5th sentences).
31101(e) 42 U.S.C. 2477(b).

In subsection (d)(1)(B), the words "maximum rate payable under section 5376 of title 5" are substituted for "rate for GS–18" because of section 101(c) of the Federal Employees Pay Comparability Act of 1990 (Public Law 101–509, 5 U.S.C. 5376 note).

In subsection (e), the date "December 30, 2005" is substituted for "the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895).

§31102. Drug and alcohol testing

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

(b) Testing Program.—

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

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

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


(c) Prohibition on Service.—

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

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

(A) engaged in such use while on duty;

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

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

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


(d) Program for Rehabilitation.—

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

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


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

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

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

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

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

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


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

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

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

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

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

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


(f) Effect on Other Laws and Regulations.—

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31102(a) 42 U.S.C. 2473c(h). Pub. L. 102–195, §21(c)–(h), Dec. 9, 1991, 105 Stat. 1616.
31102(b) 42 U.S.C. 2473c(c).
31102(c) 42 U.S.C. 2473c(d).
31102(d) 42 U.S.C. 2473c(e).
31102(e) 42 U.S.C. 2473c(f).
31102(f) 42 U.S.C. 2473c(g).

In subsection (b)(2), the words "within 18 months after the date of enactment of this Act" are omitted as obsolete.

In paragraphs (1) and (2) of subsection (c), and in subsection (f)(2), the date "December 9, 1991" is substituted for "the date of enactment of this Act" to reflect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605).

Findings

Pub. L. 102–195, §21(b), Dec. 9, 1991, 105 Stat. 1616, provided that: "The Congress finds that—

"(1) alcohol abuse and illegal drug use pose significant dangers to the safety and welfare of the Nation;

"(2) the success of the United States civil space program is contingent upon the safe and successful development and deployment of the many varied components of that program;

"(3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs, whether on duty or off duty, by those individuals who are involved in the positions affecting safety, security, and national security;

"(4) the use of alcohol and illegal drugs has been demonstrated to adversely affect the performance of individuals, and has been proven to have been a critical factor in accidents in the workplace;

"(5) the testing of uniformed personnel of the Armed Forces has shown that the most effective deterrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing;

"(6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of illegal drugs is performed in a manner which protects an individual's right of privacy, ensures that no individual is harassed by being treated differently from other individuals, and ensures that no individual's reputation or career development is unduly threatened or harmed; and

"(7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal drugs, and should be made available to individuals, as appropriate."

CHAPTER 313—HEALTHCARE

Sec.
31301.
Healthcare program.
31302.
Astronaut healthcare survey.

        

§31301. Healthcare program

The Administrator shall develop a plan to better understand the longitudinal health effects of space flight on humans. In the development of the plan, the Administrator shall consider the need for the establishment of a lifetime healthcare program for Administration astronauts and their families or other methods to obtain needed health data from astronauts and retired astronauts.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3376.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31301 42 U.S.C. 16822. Pub. L. 109–155, title VII, §708, Dec. 30, 2005, 119 Stat. 2938.

§31302. Astronaut healthcare survey

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31302 42 U.S.C. 17822. Pub. L. 110–422, title XI, §1103, Oct. 15, 2008, 122 Stat. 4808.

CHAPTER 315—MISCELLANEOUS

Sec.
31501.
Orbital debris.
31502.
Maintenance of facilities.
31503.
Laboratory productivity.
31504.
Cooperative unmanned aerial vehicle activities.
31505.
Development of enhanced-use lease policy.

        

§31501. Orbital debris

The Administrator, in conjunction with the heads of other Federal agencies, shall take steps to develop or acquire technologies that will enable the Administration to decrease the risks associated with orbital debris.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31501 42 U.S.C. 16781. Pub. L. 109–155, title VI, §601, Dec. 30, 2005, 119 Stat. 2931.

§31502. Maintenance of facilities

In order to sustain healthy Centers that are capable of carrying out the Administration's missions, the Administrator shall ensure that adequate maintenance and upgrading of those Center facilities is performed on a regular basis.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31502 42 U.S.C. 17811(a). Pub. L. 110–422, title X, §1002(a), Oct. 15, 2008, 122 Stat. 4806.

Facilities and Infrastructure

Pub. L. 115–10, title VIII, §837, Mar. 21, 2017, 131 Stat. 69, provided that:

"(a) Sense of Congress.—It is the sense of Congress that—

"(1) the [National Aeronautics and Space] Administration must address, mitigate, and reverse, where possible, the deterioration of its facilities and infrastructure, as their condition is hampering the effectiveness and efficiency of research performed by both the Administration and industry participants making use of Administration facilities, thus harming the competitiveness of the United States aerospace industry;

"(2) the Administration has a role in providing laboratory capabilities to industry participants that are not economically viable as commercial entities and thus are not available elsewhere;

"(3) to ensure continued access to reliable and efficient world-class facilities by researchers, the Administration should establish strategic partnerships with other Federal agencies, State agencies, FAA-licensed spaceports, institutions of higher education, and industry, as appropriate; and

"(4) decisions on whether to dispose of, maintain, or modernize existing facilities must be made in the context of meeting Administration and other needs, including those required to meet the activities supporting the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title], considering other national laboratory needs as the Administrator [of the National Aeronautics and Space Administration] deems appropriate.

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

"(c) Plan.—

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

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

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

"(A) current Administration and other Federal agency laboratory needs;

"(B) future Administration research and development and testing needs;

"(C) a strategy for identifying facilities and infrastructure that are candidates for disposal, that is consistent with the national strategic direction set forth in—

"(i) the National Space Policy;

"(ii) the National Aeronautics Research, Development, Test, and Evaluation Infrastructure Plan;

"(iii) the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155; 119 Stat. 2895) [see Tables for classification], National Aeronautics and Space Administration Authorization Act of 2008 (Public Law 110–422; 122 Stat. 4779) [see Tables for classification], and National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and

"(iv) the human exploration roadmap under section 432 of this Act [set out in a note under section 20302 of this title];

"(D) a strategy for the maintenance, repair, upgrading, and modernization of Administration facilities and infrastructure, including laboratories and equipment;

"(E) criteria for—

"(i) prioritizing deferred maintenance tasks;

"(ii) maintaining, repairing, upgrading, or modernizing Administration facilities and infrastructure; and

"(iii) implementing processes, plans, and policies for guiding the Administration's Centers on whether to maintain, repair, upgrade, or modernize a facility or infrastructure and for determining the type of instrument to be used;

"(F) an assessment of modifications needed to maximize usage of facilities that offer unique and highly specialized benefits to the aerospace industry and the American public; and

"(G) implementation steps, including a timeline, milestones, and an estimate of resources required for carrying out the plan.

"(d) Requirement To Establish Policy.—

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

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

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

§31503. Laboratory productivity

The Administration's laboratories are a critical component of the Administration's research capabilities, and the Administrator shall ensure that those laboratories remain productive.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31503 42 U.S.C. 17812(a). Pub. L. 110–422, title X, §1003(a), Oct. 15, 2008, 122 Stat. 4807.

§31504. Cooperative unmanned aerial vehicle activities

The Administrator, in cooperation with the Administrator of the National Oceanic and Atmospheric Administration and in coordination with other agencies that have existing civil capabilities, shall continue to utilize the capabilities of unmanned aerial vehicles as appropriate in support of Administration and interagency cooperative missions. The Administrator may enter into cooperative agreements with universities with unmanned aerial vehicle programs and related assets to conduct collaborative research and development activities, including development of appropriate applications of small unmanned aerial vehicle technologies and systems in remote areas.

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31504 42 U.S.C. 17828. Pub. L. 110–422, title XI, §1116, Oct. 15, 2008, 122 Stat. 4813.

§31505. Development of enhanced-use lease policy

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

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

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


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

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

(A) Federal financing through appropriations; or

(B) sale of the property.


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

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

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

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

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
31505 42 U.S.C. 17829. Pub. L. 110–422, title XI, §1117, Oct. 15, 2008, 122 Stat. 4813.