TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS

This title was enacted by Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3328

Subtitle I—General 703. Shuttle Pricing Policy for Com- mercial and Foreign Users ...... 70301 Chap. Sec. 705. Exploration Initiatives ...... 70501 101. Definitions ...... 10101 707. Human Space Flight Independent Investigation Commission ...... 70701 Subtitle II—General Program and 709. International Space Station ...... 70901 Policy Provisions 711. Near-Earth Objects ...... 71101 713. Cooperation for Safety Among 201. National Aeronautics and Space Spacefaring Nations ...... 71301 Program ...... 20101 203. Responsibilities and Vision ...... 20301 AMENDMENTS 2010—Pub. L. 111–314, § 4(d)(7), Dec. 18, 2010, 124 Stat. Subtitle III—Administrative 3443, added items 509 and 511. Provisions TABLE I (Showing disposition of former sections of Title 15) 301. Appropriations, Budgets, and Ac- counting ...... 30101 Title 15 Title 51 303. Contracting and Procurement ...... 30301 Former Sections New Sections 305. Management and Review ...... 30501 1511e ...... 50702 307. International Cooperation and 1535 ...... 50703 5601 ...... 60101 note Competition ...... 30701 5602 ...... 60101 309. Awards ...... 30901 5611 ...... 60111 311. Safety ...... 31101 5612, 5613 ...... Rep. 5614 ...... 60112 313. Healthcare ...... 31301 5615(a), (b) ...... 60113 315. Miscellaneous ...... 31501 5615(c), (d) ...... Rep. 5621 to 5625 ...... 60121 to 60125 5631 ...... 60131 Subtitle IV—Aeronautics and Space 5632 ...... 60132 5633(a) to (e) ...... 60133 Research and Education 5633(f), 5641(a) ...... Rep. 5641(b), (c) ...... 60134 401. Aeronautics 40101 5651 to 5658 ...... 60141 to 60148 ...... 5671 ...... 60161 403. National Space Grant College and 5672 ...... 60162 Fellowship Program ...... 40301 5801 ...... 50501 note 5802 ...... 50501 405. Biomedical Research in Space ...... 40501 5803(a) to (c) ...... 50502 407. Environmentally Friendly Aircraft 40701 5803(d) ...... Rep. 5805 ...... Rep. 409. Miscellaneous ...... 40901 5806 ...... 50503 5807 ...... 50504 Subtitle V—Programs Targeting 5808 ...... 50506

Commercial Opportunities TABLE II 501. Space Commerce ...... 50101 (Showing disposition of former sections of Title 42) 503. Commercial Reusable In-Space Title 42 Title 51 Transportation ...... 50301 Former Sections New Sections 505. Commercial Space Competitive- 2451 ...... 20102 ness ...... 50501 2452 ...... 20103 507. Office of Space Commercialization 50701 2453 ...... Rep. 2454 ...... 20131 509. Commercial Space Launch Activi- 2455(a) ...... 20132 ties ...... 50901 2455(b) ...... 20132 note 511. Space Transportation Infrastruc- 2456 ...... 20133 2456a ...... 20134 ture Matching Grants ...... 51101 2457 ...... 20135 2458 to 2458c ...... 20136 to 20139 2459 ...... 20140 Subtitle VI—Earth Observations 2459a ...... Elim. 2459b ...... 20141 601. Land Remote Sensing Policy ...... 60101 2459c ...... 20142 2459d ...... 30301 603. Remote Sensing ...... 60301 2459e ...... 30302 605. Earth Science ...... 60501 2459f ...... 20143 2459f–1 ...... 20144 2459g ...... 30307 Subtitle VII—Access to Space 2459h ...... 30308(b) 2459i ...... 30102 2459j ...... 20145 701. Use of Space Shuttle or Alter- 2459j–1 ...... 20145 note natives ...... 70101 2459k ...... 20146

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TABLE II—CONTINUED TABLE II—CONTINUED

Title 42 Title 51 Title 42 Title 51 Former Sections New Sections Former Sections New Sections

2459l ...... 20147 16658 ...... 20304 2460 ...... 30101 16671 to 16676 ...... 60301 to 60306 2461 ...... 30901 16691 ...... note prec. 71101 2463 ...... 30303 16701 ...... 40101 2464 ...... 70101 16711 ...... 40102 2464a ...... Elim. 16712(a) ...... Elim. 2465a(a) ...... 70102(a) 16712(b) ...... 40103 2465a(b) ...... Rep. 16721(a), (b) ...... 40111 2465a(c) ...... 70102(b) 16721(c), (d) ...... Rep. 2465a(d) ...... 70102(c) 16722(a) ...... 40701 2465c ...... 70103(a) 16722(b) to (g) ...... 40112(a) to (f) 2465f ...... 70103(b) 16723 to 16725 ...... 40113 to 40115 2466 to 2466c ...... 70301 to 70304 16726 ...... Rep. 2467 ...... 40901 16727 ...... 40116 16741 ...... 40131 2467a ...... 40902 16751 ...... 40141 2467b(a), (b) ...... 40903(b), (c) 16761(a), (b) ...... 70501(a), (b) 2467b(c) ...... 40903(a) 16761(c) ...... Elim. 2471, 2471a ...... 20111 notes 16762 ...... 70501 note 2472 ...... 20111 16763 ...... 70502 2473(a), (b) ...... 20112 16764 ...... 70503 2473(c) ...... 20113 16765 ...... 70904 2473b (1st par.) ...... 30304 16766(1), (2) ...... 70903 2473b (last par.), 2473c(a) ...... Rep. 16766(3) ...... Elim. 2473c(b) ...... 31102 note 16767(a), (b) ...... 70905(b), (c) 2473c(c) to (h) ...... 31102 16767(c) ...... Elim. 2473d ...... 30309 16767(d) ...... 70905(a) 2474(a) ...... Rep. 16781 ...... 31501 2474(b), (c) ...... 20114(a), (b) 16782 ...... 70304 note 2474(d) ...... Rep. 16791 ...... 40905 2475 ...... 20115 16792 ...... 30902 2475a(a), (b) ...... 30701(a), (b)(2) 16793 ...... Elim. 2475b ...... 30702 16794 ...... 40906 2476 ...... 20116 16795 ...... 40907 2476a ...... 20117 16796 ...... note prec. 40901 2476b ...... Rep. 16797 ...... 40908 2477 ...... 31101 16798(a) ...... Elim. 2481 to 2484 ...... 20161 to 20164 16798(b) ...... 40909 2486 ...... 40301 note 16811 ...... 50116 2486a to 2486i ...... 40301 to 40309 16821 ...... 30306 2486k ...... 40310 16822 ...... 31301 2486l ...... Rep. 16823 ...... 30704 2487 ...... 40501 note 16824 ...... Elim. 2487a to 2487c ...... 40501 to 40503 16831 ...... T. 42 § 1886a 2487e ...... 40504 16832 ...... Elim. 2487f ...... 40505 16841 to 16850 ...... 70701 to 70710 2487g ...... Rep. 17701 ...... 20102 note 14701 ...... 50101 17702 ...... 10101 note 14711(a) ...... 50111(a) 17711 ...... 60501 14711(b) ...... Rep. 17712(a) ...... Elim. 14712(a) ...... 50112 note 17712(b) to (d) ...... 60502(a) to (c) 14712(b) ...... 50112 17713(a) ...... 60503 14713 ...... 50113 17713(b) ...... Elim. 14714 ...... 50114 17714 ...... 60504 14715(a), (b) ...... 50115(a), (b) 17721 ...... 40702 14715(c) ...... Rep. 17722 ...... 40703 14715(d), (e) ...... 50115(c), (d) 17723(a) ...... 40704 note 14731 ...... 50131 17723(b), (c) ...... 40704(a), (b) 14732 ...... 50132 17724 ...... 40104 14733(a) ...... 50133 17731 ...... 70504 14733(b), (c) ...... Rep. 17732(a), (b) ...... 70505(a), (b) 14734 ...... 50134 17732(c) ...... Elim. 14735 ...... Rep. 17733(a) ...... 70506 note 14751 ...... 50301 note 17733(b) ...... 70506 14752 ...... 50302 17734 ...... 71301 14753 ...... 50301 17741 ...... 70507 16601 ...... 10101 note 17742 ...... 70508 16611(a) ...... 20301 17751(a) ...... 70907 16611(b) ...... 20302 17751(b) ...... Elim. 16611(c) to (g) ...... Elim. 17752 ...... 70906 16611(h)(1) ...... 30103(a) 17753 ...... Elim. 16611(h)(2) ...... Elim. 17761 ...... 70501 note 17771 ...... 50903 note 16611(i) ...... 30103(b) 17781(a) ...... Elim. 16611(j) ...... Elim. 17781(b) ...... 40903(d) 16611a(a) to (c) ...... 20303(a) to (c) 17781(c) ...... 40311 16611a(d) ...... Elim. 17791(a) ...... 71101 16611a(e) ...... 20303(d) 17791(b) ...... Elim. 16611a(f) ...... Elim. 17792 ...... 71101 note 16611b ...... 30103(c) 17793 to 17795 ...... 71102 to 71104 16611b note (Pub. L. 111–8, div. 30103(d) 17801 ...... 50111(b) B, title III, 123 Stat. 589). 17811(a) ...... 31502 16612 ...... note prec. 40901 17811(b), (c) ...... Elim. 16613 ...... 30104 17812(a) ...... 31503 16614 ...... 30703 17812(b) ...... Elim. 16615 ...... 30501 17821(a) ...... 71302 note 16616, 16617 ...... Elim. 17821(b) ...... 71302 16618 ...... 30502 17822 ...... 31302 16631, 16632 ...... Rep. 17823 ...... 20305 16633 ...... 70902 17824 ...... 30305 16634 ...... 50505 17825(a), (b) ...... Elim. 16635, 16636 ...... Elim. 17825(c) ...... 60506 16651 ...... 30503 17826 ...... Elim. 16652, 16653 ...... Elim. 17827 ...... 30310 16654(a) (matter before par. 30504(a) 17828 ...... 31504 (1)). 17829 ...... 31505 16654(a)(1) ...... Elim. 16654(a)(2) ...... 30504(b) 16654(b), 16655(1) ...... Elim. ENACTMENT OF TITLE 16655(2), (3) ...... 40904 16656 ...... 60505 Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3328, pro- 16657 ...... Elim. vided in part that: ‘‘Title 51, United States Code, ‘Na- Page 3 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 10101 tional and Commercial Space Programs’, is enacted as (1) ADMINISTRATION.—The term ‘‘Administra- follows’’. tion’’ means the National Aeronautics and PURPOSE; CONFORMITY WITH ORIGINAL INTENT Space Administration. (2) ADMINISTRATOR.—The term ‘‘Adminis- Pub. L. 111–314, § 2, Dec. 18, 2010, 124 Stat. 3328, pro- vided that: trator’’ means the Administrator of the Na- ‘‘(a) PURPOSE.—The purpose of this Act [see Tables tional Aeronautics and Space Administration. for classification] is to codify certain existing laws re- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3329.) lated to national and commercial space programs as a positive law title of the United States Code. HISTORICAL AND REVISION NOTES ‘‘(b) CONFORMITY WITH ORIGINAL INTENT.—In the codi- fication of laws by this Act, the intent is to conform to Revised Source (U.S. Code) Source (Statutes at Large) the understood policy, intent, and purpose of Congress Section in the original enactments, with such amendments and 10101 ...... (no source) corrections as will remove ambiguities, contradictions, and other imperfections, in accordance with section Title-wide definitions for the terms ‘‘Administra- 205(c)(1) of House Resolution No. 988, 93d Congress, as tion’’ and ‘‘Administrator’’ are added for clarity and enacted into law by Public Law 93–554 (2 U.S.C. convenience. 285b(1)).’’ SHORT TITLE OF 2013 AMENDMENT TRANSITIONAL AND SAVINGS PROVISIONS Pub. L. 112–273, § 1, Jan. 14, 2013, 126 Stat. 2454, pro- Pub. L. 111–314, § 5, Dec. 18, 2010, 124 Stat. 3443, pro- vided that: ‘‘This Act [amending section 50915 of this vided that: title, section 18313 of Title 42, The Public Health and ‘‘(a) DEFINITIONS.—In this section: Welfare, and provisions set out as a note under section ‘‘(1) SOURCE PROVISION.—The term ‘source provision’ 1701 of Title 50, War and National Defense] may be cited means a provision of law that is replaced by a title 51 as the ‘Space Exploration Sustainability Act’.’’ provision. ‘‘(2) TITLE 51 PROVISION.—The term ‘title 51 provi- SHORT TITLE OF 2008 ACT sion’ means a provision of title 51, United States Code, that is enacted by section 3. Pub. L. 110–422, § 1(a), Oct. 15, 2008, 122 Stat. 4779, pro- vided that: ‘‘This Act [see Tables for classification] ‘‘(b) CUTOFF DATE.—The title 51 provisions replace certain provisions of law enacted on or before July 1, may be cited as the ‘National Aeronautics and Space 2009. If a law enacted after that date amends or repeals Administration Authorization Act of 2008’.’’ a source provision, that law is deemed to amend or re- SHORT TITLE OF 2005 ACT peal, as the case may be, the corresponding title 51 pro- vision. If a law enacted after that date is otherwise in- Pub. L. 109–155, § 1(a), Dec. 30, 2005, 119 Stat. 2895, pro- consistent with a title 51 provision or a provision of vided that: ‘‘This Act [see Tables for classification] this Act [see Tables for classification], that law super- may be cited as the ‘National Aeronautics and Space sedes the title 51 provision or provision of this Act to Administration Authorization Act of 2005’.’’ the extent of the inconsistency. SHORT TITLE OF 2004 ACT ‘‘(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of determining whether one provision of law Pub. L. 108–492, § 1, Dec. 23, 2004, 118 Stat. 3974, pro- supersedes another based on enactment later in time, a vided that: ‘‘This Act [see Tables for classification] title 51 provision is deemed to have been enacted on the may be cited as the ‘Commercial Space Launch Amend- date of enactment of the corresponding source provi- ments Act of 2004’.’’ sion. ‘‘(d) REFERENCES TO TITLE 51 PROVISIONS.—A ref- SHORT TITLE OF 2002 ACT erence to a title 51 provision is deemed to refer to the Pub. L. 107–248, title IX, § 901, Oct. 23, 2002, 116 Stat. corresponding source provision. 1573, provided that: ‘‘This title [see Tables for classi- ‘‘(e) REFERENCES TO SOURCE PROVISIONS.—A reference fication] may be cited as the ‘Commercial Reusable In- to a source provision, including a reference in a regula- Space Transportation Act of 2002’.’’ tion, order, or other law, is deemed to refer to the cor- responding title 51 provision. SHORT TITLE OF 2000 ACT ‘‘(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRA- Pub. L. 106–405, § 1, Nov. 1, 2000, 114 Stat. 1751, pro- TIVE ACTIONS.—A regulation, order, or other adminis- vided that: ‘‘This Act [see Tables for classification] trative action in effect under a source provision con- may be cited as the ‘Commercial Space Transportation tinues in effect under the corresponding title 51 provi- Competitiveness Act of 2000’.’’ sion. ‘‘(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An SHORT TITLE OF 1998 ACT action taken or an offense committed under a source provision is deemed to have been taken or committed Pub. L. 105–303, § 1(a), Oct. 28, 1998, 112 Stat. 2843, pro- under the corresponding title 51 provision.’’ vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Commercial Space Act of 1998’.’’ REPEALS SHORT TITLE OF 1992 ACT Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, re- pealed specified laws relating to national and commer- Pub. L. 102–555, § 1, Oct. 28, 1992, 106 Stat. 4163, pro- cial space programs, except with respect to rights and vided that: ‘‘This Act [see Tables for classification] duties that matured, penalties that were incurred, or may be cited as the ‘Land Remote Sensing Policy Act proceedings that were begun before Dec. 18, 2010. of 1992’.’’ Subtitle I—General SHORT TITLE OF 1990 ACT Pub. L. 101–611, title II, § 201, Nov. 16, 1990, 104 Stat. CHAPTER 101—DEFINITIONS 3205, provided that: ‘‘This title [see Tables for classi- fication] may be cited as the ‘Launch Services Pur- Sec. chase Act of 1990’.’’ 10101. Definitions. SHORT TITLE OF 1987 ACT § 10101. Definitions Pub. L. 100–147, title II, § 201, Oct. 30, 1987, 101 Stat. In this title: 869, provided that: ‘‘This title [see Tables for classifica- § 10101 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 4 tion] may be cited as the ‘National Space Grant College (including the manufacture of major compo- and Fellowship Act’.’’ nents and subassemblies); and ‘‘(II) significant contributions to employment SHORT TITLE OF 1958 ACT in the United States; and Pub. L. 85–568, title I, § 101, July 29, 1958, 72 Stat. 426, ‘‘(ii) the country or countries in which such for- provided that: ‘‘This Act [see Tables for classification] eign company is incorporated or organized, and, if may be cited as the ‘National Aeronautics and Space appropriate, in which it principally conducts its Act of 1958’.’’ business, affords reciprocal treatment to compa- nies described in subparagraph (A) comparable to DEFINITIONS that afforded to such foreign company’s subsidi- Pub. L. 111–358, title II, § 206, Jan. 4, 2011, 124 Stat. ary in the United States, as evidenced by— 3996, provided that: ‘‘In this title [amending section ‘‘(I) providing comparable opportunities for 18421 of Title 42, The Public Health and Welfare, and en- companies described in subparagraph (A) to par- acting provisions set out as notes under section 20303 of ticipate in Government sponsored research and this title, preceding sections 30501 and 40901 of this development similar to that authorized under title, and under section 18421 of Title 42]: this Act; ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ ‘‘(II) providing no barriers to companies de- means the Administrator of NASA. scribed in subparagraph (A) with respect to ‘‘(2) NASA.—The term ‘NASA’ means the National local investment opportunities that are not pro- Aeronautics and Space Administration.’’ vided to foreign companies in the United Pub. L. 110–422, § 3, Oct. 15, 2008, 122 Stat. 4782, pro- States; and vided that: ‘‘In this Act [see Short Title of 2008 Act ‘‘(III) providing adequate and effective protec- note above]: tion for the intellectual property rights of com- ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ panies described in subparagraph (A).’’ means the Administrator of NASA. ‘‘(2) NASA.—The term ‘NASA’ means the National Aeronautics and Space Administration. Subtitle II—General Program and ‘‘(3) NOAA.—The term ‘NOAA’ means the National Policy Provisions Oceanic and Atmospheric Administration. ‘‘(4) OSTP.—The term ‘OSTP’ means the Office of CHAPTER 201—NATIONAL AERONAUTICS Science and Technology Policy.’’ AND SPACE PROGRAM Pub. L. 109–155, § 2, Dec. 30, 2005, 119 Stat. 2897, pro- SUBCHAPTER I—SHORT TITLE, DECLARATION OF vided that: ‘‘In this Act [see Short Title of 2005 Act POLICY, AND DEFINITIONS note above]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ Sec. means the Administrator of the National Aeronautics 20101. Short title. and Space Administration. 20102. Congressional declaration of policy and pur- ‘‘(2) ISS.—The term ‘ISS’ means the International pose. Space Station. 20103. Definitions. ‘‘(3) NASA.—The term ‘NASA’ means the National SUBCHAPTER II—COORDINATION OF Aeronautics and Space Administration.’’ AERONAUTICAL AND SPACE ACTIVITIES Pub. L. 106–391, § 3, Oct. 30, 2000, 114 Stat. 1579, pro- vided that: ‘‘For purposes of this Act [see Tables for 20111. National Aeronautics and Space Administra- classification]— tion. ‘‘(1) the term ‘Administrator’ means the Adminis- 20112. Functions of the Administration. trator of the National Aeronautics and Space Admin- 20113. Powers of the Administration in performance istration; of functions. ‘‘(2) the term ‘commercial provider’ means any per- 20114. Administration and Department of Defense son providing space transportation services or other coordination. space-related activities, the primary control of which 20115. International cooperation. is held by persons other than a Federal, State, local, 20116. Reports to Congress. or foreign government; 20117. Disposal of excess land. ‘‘(3) the term ‘critical path’ means the sequence of SUBCHAPTER III—GENERAL ADMINISTRATIVE events of a schedule of events under which a delay in PROVISIONS any event causes a delay in the overall schedule; ‘‘(4) the term ‘grant agreement’ has the meaning 20131. Public access to information. given that term in section 6302(2) of title 31, United 20132. Security requirements. States Code; 20133. Permission to carry firearms. ‘‘(5) the term ‘institution of higher education’ has 20134. Arrest authority. the meaning given such term in section 101 of the 20135. Property rights in inventions. Higher Education Act of 1965 (20 U.S.C. 1001); 20136. Contributions awards. ‘‘(6) the term ‘State’ means each of the several 20137. Malpractice and negligence suits against States of the United States, the District of Columbia, United States. the Commonwealth of Puerto Rico, the Virgin Is- 20138. Insurance and indemnification. lands, Guam, American Samoa, the Commonwealth of 20139. Insurance for experimental aerospace vehi- the Northern Mariana Islands, and any other com- cles. monwealth, territory, or possession of the United 20140. Appropriations. States; and 20141. Misuse of agency name and initials. ‘‘(7) the term ‘United States commercial provider’ 20142. Contracts regarding expendable launch vehi- means a commercial provider, organized under the cles. laws of the United States or of a State, which is— 20143. Full cost appropriations account structure. ‘‘(A) more than 50 percent owned by United States 20144. Prize authority. nationals; or 20145. Lease of non-excess property. ‘‘(B) a subsidiary of a foreign company and the 20146. Retrocession of jurisdiction. Secretary of Commerce finds that— 20147. Recovery and disposition authority. ‘‘(i) such subsidiary has in the past evidenced a SUBCHAPTER IV—UPPER ATMOSPHERE substantial commitment to the United States RESEARCH market through— ‘‘(I) investments in the United States in long- 20161. Congressional declaration of purpose and pol- term research, development, and manufacturing icy. Page 5 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20102

Sec. ment, supplies, and living organisms through 20162. Definition of upper atmosphere. space. 20163. Program authorized. 20164. International cooperation. (4) The establishment of long-range studies of the potential benefits to be gained from, the SUBCHAPTER I—SHORT TITLE, DECLARA- opportunities for, and the problems involved TION OF POLICY, AND DEFINITIONS in the utilization of aeronautical and space ac- tivities for peaceful and scientific purposes. § 20101. Short title (5) The preservation of the role of the United This chapter may be cited as the ‘‘National States as a leader in aeronautical and space Aeronautics and Space Act’’. science and technology and in the application (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3330.) thereof to the conduct of peaceful activities within and outside the atmosphere. HISTORICAL AND REVISION NOTES (6) The making available to agencies di- Revised rectly concerned with national defense of dis- Section Source (U.S. Code) Source (Statutes at Large) coveries that have military value or signifi- cance, and the furnishing by such agencies, to 20101 ...... (no source) the civilian agency established to direct and Chapter 201 of title 51 restates the National Aero- control nonmilitary aeronautical and space nautics and Space Act of 1958. Although short titles are activities, of information as to discoveries generally eliminated as unnecessary in positive law which have value or significance to that agen- titles of the United States Code, in this case it was sug- cy. gested that the short title ‘‘National Aeronautics and (7) Cooperation by the United States with Space Act’’ be provided for convenience. other nations and groups of nations in work § 20102. Congressional declaration of policy and done pursuant to this chapter and in the purpose peaceful application of the results thereof. (8) The most effective utilization of the sci- (a) DEVOTION OF SPACE ACTIVITIES TO PEACE- entific and engineering resources of the United FUL PURPOSES FOR BENEFIT OF ALL HUMAN- States, with close cooperation among all in- KIND.—Congress declares that it is the policy of terested agencies of the United States in order the United States that activities in space should to avoid unnecessary duplication of effort, fa- be devoted to peaceful purposes for the benefit cilities, and equipment. of all humankind. (9) The preservation of the United States (b) AERONAUTICAL AND SPACE ACTIVITIES FOR preeminent position in aeronautics and space WELFARE AND SECURITY OF UNITED STATES.— Congress declares that the general welfare and through research and technology development security of the United States require that ade- related to associated manufacturing processes. quate provision be made for aeronautical and (e) GROUND PROPULSION SYSTEMS RESEARCH space activities. Congress further declares that AND DEVELOPMENT.—Congress declares that the such activities shall be the responsibility of, and general welfare of the United States requires shall be directed by, a civilian agency exercising that the unique competence in scientific and en- control over aeronautical and space activities gineering systems of the Administration also be sponsored by the United States, except that ac- directed toward ground propulsion systems re- tivities peculiar to or primarily associated with search and development. Such development the development of weapons systems, military shall be conducted so as to contribute to the ob- operations, or the defense of the United States jectives of developing energy and petroleum- (including the research and development nec- conserving ground propulsion systems, and of essary to make effective provision for the de- minimizing the environmental degradation fense of the United States) shall be the respon- caused by such systems. sibility of, and shall be directed by, the Depart- (f) BIOENGINEERING RESEARCH, DEVELOPMENT, ment of Defense; and that determination as to AND DEMONSTRATION PROGRAMS.—Congress de- which agency has responsibility for and direc- clares that the general welfare of the United tion of any such activity shall be made by the States requires that the unique competence of President. the Administration in science and engineering (c) COMMERCIAL USE OF SPACE.—Congress de- systems be directed to assisting in bioengineer- clares that the general welfare of the United ing research, development, and demonstration States requires that the Administration seek programs designed to alleviate and minimize the and encourage, to the maximum extent possible, effects of disability. the fullest commercial use of space. (g) WARNING AND MITIGATION OF POTENTIAL (d) OBJECTIVES OF AERONAUTICAL AND SPACE HAZARDS OF NEAR-EARTH OBJECTS.—Congress de- ACTIVITIES.—The aeronautical and space activi- clares that the general welfare and security of ties of the United States shall be conducted so the United States require that the unique com- as to contribute materially to one or more of petence of the Administration be directed to de- the following objectives: tecting, tracking, cataloguing, and characteriz- (1) The expansion of human knowledge of the ing near-Earth asteroids and comets in order to Earth and of phenomena in the atmosphere provide warning and mitigation of the potential and space. hazard of such near-Earth objects to the Earth. (2) The improvement of the usefulness, per- (h) PURPOSE OF CHAPTER.—It is the purpose of formance, speed, safety, and efficiency of aero- this chapter to carry out and effectuate the poli- nautical and space vehicles. cies declared in subsections (a) to (g). (3) The development and operation of vehi- cles capable of carrying instruments, equip- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3330.) § 20102 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 6

HISTORICAL AND REVISION NOTES ‘‘(B) protecting the environment; ‘‘(C) promoting the security of the Nation; and Revised Source (U.S. Code) Source (Statutes at Large) ‘‘(D) retaining the leadership of the United States Section in global aviation. 20102 ...... 42 U.S.C. 2451. Pub. L. 85–568, title I, § 102, ‘‘(7) Human and robotic exploration of the solar July 29, 1958, 72 Stat. 426; system will be a significant long-term undertaking of Pub. L. 94–413, § 15(a), (b), humanity in the 21st century and beyond, and it is in Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–238, title III, the national interest that the United States should § 311, Feb. 25, 1978, 92 Stat. assume a leadership role in a cooperative inter- 83; Pub. L. 95–401, § 7, Sept. national exploration initiative. 30, 1978, 92 Stat. 860; Pub. L. 98–361, title I, § 110, ‘‘(8) Developing United States human space flight July 16, 1984, 98 Stat. 426; capabilities to allow independent American access to Pub. L. 100–685, title II, the International Space Station, and to explore be- § 214, Nov. 17, 1988, 102 Stat. 4093; Pub. L. 106–391, yond low Earth orbit, is a strategically important na- title III, § 302(a), Oct. 30, tional imperative, and all prudent steps should thus 2000, 114 Stat. 1591; Pub. L. be taken to bring the Orion Crew Exploration Vehicle 109–155, title III, § 321(d)(2), Dec. 30, 2005, 119 Stat. and Ares I Crew Launch Vehicle to full operational 2923. capability as soon as possible and to ensure the effec- tive development of a United States heavy lift launch In subsection (b), the words ‘‘in conformity with sec- capability for missions beyond low Earth orbit. tion 201(e)’’, which appeared at the end of the sub- ‘‘(9) NASA’s scientific research activities have con- section, are omitted as obsolete. Section 201 of Public tributed much to the advancement of knowledge, pro- Law 85–568, which was classified to former section 2471 vided societal benefits, and helped train the next gen- of title 42 (last appearing in the 1970 edition of the eration of scientists and engineers, and those activi- United States Code), established the National Aero- ties should continue to be an important priority. nautics and Space Council, with the functions of the ‘‘(10) NASA should make a sustained commitment Council specified in section 201(e). Those functions in- to a robust long-term technology development activ- cluded advising the President ‘‘as he may request’’ with ity. Such investments represent the critically impor- respect to promoting cooperation and resolving dif- tant ‘seed corn’ on which NASA’s ability to carry out ferences among agencies of the United States engaged challenging and productive missions in the future in aeronautical and space activities. The words are ob- will depend. solete because section 3(a)(4) of Reorganization Plan ‘‘(11) NASA, through its pursuit of challenging and No. 1 of 1973 (5 App. U.S.C.), abolished the National relevant activities, can provide an important stimu- Aeronautics and Space Council, including the office of lus to the next generation to pursue careers in Executive Secretary of the Council, together with its science, technology, engineering, and mathematics. functions. ‘‘(12) Commercial activities have substantially con- In subsection (c), the words ‘‘(as established by title tributed to the strength of both the United States II of this Act)’’, which appeared after ‘‘Administra- space program and the national economy, and the de- tion’’, are omitted as unnecessary. velopment of a healthy and robust United States In subsection (d), the word ‘‘and’’, appearing at the commercial space sector should continue to be en- end of paragraph (8), is omitted as unnecessary because couraged. of the introductory words ‘‘one or more of the follow- ‘‘(13) It is in the national interest for the United ing’’. States to have an export control policy that protects CONGRESSIONAL FINDINGS AND POLICY the national security while also enabling the United States aerospace industry to compete effectively in Pub. L. 110–422, § 2, Oct. 15, 2008, 122 Stat. 4781, pro- the global market place and the United States to un- vided that: ‘‘The Congress finds, on this, the 50th anni- dertake cooperative programs in science and human versary of the establishment of the National Aero- space flight in an effective and efficient manner.’’ nautics and Space Administration, the following: Pub. L. 102–195, §§ 2, 3, Dec. 9, 1991, 105 Stat. 1605, 1606, ‘‘(1) NASA [National Aeronautics and Space Admin- provided that: istration] is and should remain a multimission agen- cy with a balanced and robust set of core missions in ‘‘SEC. 2. FINDINGS. science, aeronautics, and human space flight and ex- ‘‘Congress finds that— ploration. ‘‘(1) the report of the Advisory Committee on the ‘‘(2) Investment in NASA’s programs will promote Future of the United States Space Program has pro- innovation through research and development, and vided a framework within which a consensus on the will improve the competitiveness of the United goals of the space program can be developed; States. ‘‘(2) a balanced civil space science program should ‘‘(3) Investment in NASA’s programs, like invest- be funded at a level of at least 20 percent of the ag- ments in other Federal science and technology activi- gregate amount in the budget of the National Aero- ties, is an investment in our future. nautics and Space Administration for ‘Research and ‘‘(4) Properly structured, NASA’s activities can development’ and ‘Space flight, control, and data contribute to an improved quality of life, economic communications’; vitality, United States leadership in peaceful co- ‘‘(3) development of an adequate data base for life operation with other nations on challenging under- sciences in space will be greatly enhanced through takings in science and technology, national security, closer scientific cooperation with the Soviet Union, and the advancement of knowledge. including active use of manned Soviet space stations; ‘‘(5) NASA should assume a leadership role in a co- ‘‘(4) the space program can make substantial con- operative international Earth observations and re- tributions to health-related research and should be search effort to address key research issues associ- an integral part of the Nation’s health research and ated with climate change and its impacts on the development program; Earth system. ‘‘(5) Landsat data and the continuation of the Land- ‘‘(6) NASA should undertake a program of aero- sat system beyond Landsat 6 are essential to the Mis- nautical research, development, and where appro- sion to Planet Earth and other long-term environ- priate demonstration activities with the overarching mental research programs; goals of— ‘‘(6) increased use of defense-related remote sensing ‘‘(A) ensuring that the Nation’s future air trans- data and data technology by civilian agencies and the portation system can handle up to 3 times the cur- scientific community can benefit national environ- rent travel demand and incorporate new vehicle mental study and monitoring programs; types with no degradation in safety or adverse envi- ‘‘(7) the generation of trained scientists and engi- ronmental impact on local communities; neers through educational initiatives and academic Page 7 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20102

research programs outside of the National Aero- ‘‘(7) the United States aeronautics and space pro- nautics and Space Administration is essential to the gram contributes to the Nation’s technological com- future of the United States civil space program; petitive advantage; ‘‘(8) the strengthening and expansion of the Na- ‘‘(8) the United States aeronautics and space pro- tion’s space transportation infrastructure, including gram requires a sustained commitment of financial the enhancement of launch sites and launch site sup- and human resources as a share of the Nation’s Gross port facilities, are essential to support the full range National Product; of the Nation’s space-related activities; ‘‘(9) the United States space transportation system ‘‘(9) the aeronautical program contributes to the will depend upon a robust fleet of space shuttle orbit- Nation’s technological competitive advantage, and it ers and expendable and reusable launch vehicles and has been a key factor in maintaining preeminence in services; aviation over many decades; and ‘‘(10) the United States space program will be ad- ‘‘(10) the National Aero Space Plane program can vanced with an assured funding stream for the devel- have benefits to the military and civilian aviation opment of a permanently manned space station with programs from the new and innovative technologies research, experimentation, observation, servicing, developed in propulsion systems, aerodynamics, and manufacturing, and staging capabilities for lunar and control systems that could be enormous, especially Mars missions; for high-speed aeronautical and space flight. ‘‘(11) the United States aeronautics program has been a key factor in maintaining preeminence in ‘‘SEC. 3. POLICY. aviation over many decades; ‘‘It is the policy of the United States that— ‘‘(12) the United States needs to maintain a strong ‘‘(1) the Administrator of the National Aeronautics program with respect to transatmospheric research and Space Administration (hereinafter referred to as and technology by developing and demonstrating Na- the ‘Administrator’), in planning for national pro- tional Aero-Space Plane technology by a mid-decade grams in environmental study and human space date certain; flight and exploration, should ensure the resiliency of ‘‘(13) the National Aeronautics and Space Adminis- the space infrastructure; tration is primarily responsible for formulating and ‘‘(2) a stable and balanced program of civil space implementing policy that supports and encourages science should be planned to minimize future year civil aeronautics and space activities in the United funding requirements in order to accommodate a States; and steady stream of new initiatives; ‘‘(14) commercial activities of the private sector ‘‘(3) any new launch system undertaken or jointly will substantially and increasingly contribute to the undertaken by the National Aeronautics and Space strength of both the United States space program and Administration should be based on defined mission the national economy. and program requirements or national policies estab- ‘‘SEC. 102. POLICY. lished by Congress; ‘‘It is declared to be national policy that the United ‘‘(4) in fulfilling the mission of the National Aero- States should— nautics and Space Administration to improve the ‘‘(1) rededicate itself to the goal of leadership in usefulness, performance, speed, safety, and efficiency critical areas of space science, space exploration, and of space vehicles, the Administrator should establish space commercialization; a program of research and development to enhance ‘‘(2) increase its commitment of budgetary re- the competitiveness and cost effectiveness of com- sources for the space program to reverse the dramatic mercial expendable launch vehicles; and decline in real spending for such program since the ‘‘(5) the National Aeronautics and Space Adminis- achievements of the Apollo moon program; tration should promote and support efforts to ad- ‘‘(3) ensure that the long-range environmental im- vance scientific understanding by conducting or pact of all activities carried out under this title [see otherwise providing for research on environmental Tables for classification] are fully understood and problems, including global change, ozone depletion, considered; acid precipitation, deforestation, and smog.’’ ‘‘(4) promote and support efforts to advance sci- Pub. L. 101–611, title I, §§ 101, 102, Nov. 16, 1990, 104 entific understanding by conducting or otherwise pro- Stat. 3188, 3189, provided that: viding for research on environmental problems, in- ‘‘SEC. 101. FINDINGS. cluding global change, ozone depletion, acid precipi- ‘‘The Congress finds that— tation, deforestation, and smog; ‘‘(1) over the next decade, the United States aero- ‘‘(5) forge a robust national space program that nautics and space program will be directed toward maintains a healthy balance between manned and un- major national priorities of understanding, preserv- manned space activities and recognizes the mutually ing, and enhancing our global environment, hyper- reinforcing benefits of both; ‘‘(6) maintain an active fleet of space shuttle orbit- sonic transportation, human exploration, and emerg- ers, including an adequate provision of structural ing technology commercialization; spare parts, and evolve the orbiter design to improve ‘‘(2) the United States aeronautics and space pro- safety and performance, and reduce operational costs; gram is supported by an overwhelming majority of ‘‘(7) sustain a mixed fleet by utilizing commercial the American people; expendable launch vehicle services to the fullest ex- ‘‘(3) the United States aeronautics and space pro- tent practicable; gram genuinely reflects our Nation’s pioneer heritage ‘‘(8) support an aggressive program of research and and demonstrates our quest for leadership, economic development designed to enhance the United States growth, and human understanding; preeminence in launch vehicles; ‘‘(4) the United States space program is based on a ‘‘(9) continue and complete on schedule the develop- solid record of achievement and continues to promote ment and deployment of a permanently manned, fully the objective of international cooperation in the ex- capable, space station; ploration of the planets and the universe; ‘‘(10) develop an advanced, high pressure space suit ‘‘(5) the United States aeronautics and space pro- to support extravehicular activity that will be re- gram generates critical technology breakthroughs quired for Space Station Freedom when Assembly that benefit our economy through new products and Complete is reached; processes that significantly improve our standard of ‘‘(11) establish a dual capability for logistics and re- living; supply of the space station utilizing the space shuttle ‘‘(6) the United States aeronautics and space pro- and expendable launch vehicles, including commer- gram excites the imagination of every generation and cial services if available; can stimulate the youth of our Nation toward the ‘‘(12) continue to seek opportunities for inter- pursuit of excellence in the fields of science, engi- national cooperation in space and fully support inter- neering, and mathematics; national cooperative agreements; § 20102 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 8

‘‘(13) maintain an aggressive program of aeronauti- ‘‘(11) NASA’s personnel are an integral component cal research and technology development designed to and resource for the Nation’s space program, and an enhance the United States preeminence in civil and innovative personnel system should be developed; military aviation and improve the safety and effi- ‘‘(12) the establishment of a permanent presence in ciency of the United States air transportation sys- space leading ultimately to space settlements is fully tem; consistent with the goals of the National Aeronautics ‘‘(14) conduct a program of technology maturation, and Space Act of 1958 [see 51 U.S.C. 20101 et seq.]; including flight demonstration in 1997, to prove the ‘‘(13) the United States civil space activities should feasibility of an air-breathing, hypersonic aerospace contribute significantly to enhancing the Nation’s plane capable of single-stage-to-orbit operation and scientific and technological leadership, economy, hypersonic cruise in the atmosphere; pride, and sense of well-being, as well as United ‘‘(15) seek innovative technologies that will make States world prestige and leadership; possible advanced human exploration initiatives, ‘‘(14) civil sector activities should be comprised of such as the establishment of a lunar base and the suc- a balanced strategy of research, development, oper- ceeding mission to Mars, and provide high yield tech- ations, and technology for science, exploration, and nology advancements for the national economy; and appropriate applications; ‘‘(16) enhance the human resources of the Nation ‘‘(15) assured access to space, sufficient to achieve and the quality of education.’’ all United States space goals, is an essential element of United States space policy, and the United States NATIONAL AERONAUTICS AND SPACE CAPITAL space transportation systems must provide a bal- DEVELOPMENT PROGRAM anced, robust, and flexible capability with sufficient Pub. L. 100–685, title I, § 101, Nov. 17, 1988, 102 Stat resiliency to allow continued operation despite fail- 4083, provided that: ‘‘Congress finds that— ures in any single system; ‘‘(1) in accordance with section 106 of the National ‘‘(16) the goals of the United States space transpor- Aeronautics and Space Administration Authorization tation system are— Act of 1988 (Public Law 100–147) [set out as a note ‘‘(A) to achieve and maintain safe and reliable ac- under section 70901 of this title], a space station, cess to, transportation in, and return from, space; hereafter referred to as the United States Inter- ‘‘(B) to exploit the unique attributes of manned national Space Station, shall be constructed in order and unmanned launch and recovery systems; to establish a permanent presence for man in space ‘‘(C) to encourage, to the maximum extent fea- for the following purposes— sible, the development and use of United States pri- ‘‘(A) the conduct of scientific experiments, appli- vate sector space transportation capabilities; and cations experiments, and engineering experiments; ‘‘(D) to reduce the costs of space transportation ‘‘(B) the servicing, rehabilitation, and construc- and related services; tion of satellites and space vehicles; ‘‘(17) recognizing that communications advance- ‘‘(C) the development and demonstration of com- ments are critical to all United States space activi- mercial products and processes; and ties, the Administration should continue research ‘‘(D) the establishment of a space base for other and development efforts for future advances in space civilian and commercial space activities including communications technologies; an outpost for further exploration of the solar sys- ‘‘(18) the goal of aeronautical research and tech- tem; nology development and validation activities should ‘‘(2) expendable launch vehicles should be used to be to contribute to a national technology base that launch those payloads that do not require the pres- will enhance United States preeminence in civil and ence of man; military aviation and improve the safety and effi- ‘‘(3) the space shuttle launches should be used to ciency of the United States air transportation sys- fulfill the Nation’s needs for manned access to space; tem; and ‘‘(4) preeminence in space and aeronautics is key to ‘‘(19) aeronautical research and technology develop- the national security and economic well being of the ment and validation activities should— United States; ‘‘(A) emphasize emerging technologies with po- ‘‘(5) United States space policy needs long-range tential for breakthrough advances; goals and direction in order to provide understanding ‘‘(B) consist of— for near-term space projects and programs; ‘‘(i) fundamental research in all aeronautical ‘‘(6) over the next five years the National Aero- disciplines, aimed at greater understanding of nautics and Space Administration, hereafter referred aeronautical phenomena and development of new to as the ‘Administration’, should pursue leadership aeronautical concepts; and in science through an aggressive set of major and ‘‘(ii) technology development and validation ac- moderate missions while maintaining a robust series tivities aimed at laboratory-scale development of cost effective missions that can provide frequent and proof-of-concept demonstration of selected flight opportunities to the scientific community[;] concepts with high payoff potential; ‘‘(7) over the next five years the Administration ‘‘(C) assure maintenance of robust aeronautical should prepare for the transition to the United States laboratories, including a first-rate technical staff International Space Station of those science and and modern national facilities for the conduct of re- technology programs that can be most efficiently and search and testing activities; effectively conducted on that facility; ‘‘(D) be conducted with the close, active partici- ‘‘(8) the Administration should encourage the pation of the United States aircraft industry so as United States private sector investment in space and, to accelerate the transfer of research results to to the maximum extent practicable provide frequent aviation products; flight opportunities for the development of tech- ‘‘(E) include providing technical assistance and nologies, processes and products that benefit from facility support to other government agencies and the space environment; United States industry; ‘‘(9) the Administration should enhance the exist- ‘‘(F) include conducting joint projects with other ing space transportation capability through a robust government agencies where such projects contrib- mixed fleet of manned and unmanned vehicles in ute materially to the goals set forth in this section; order to increase the reliability, productivity, and ef- ‘‘(G) assure strong participation of United States ficiency and reduce the cost of the Nation’s access to universities both in carrying out aeronautical re- space; search and training future aeronautical research ‘‘(10) the United States faces an increasingly suc- personnel; and cessful foreign challenge to its traditional pre- ‘‘(H) be conducted, where practical, so that eminent position in aeronautics which is rapidly re- United States industry receives research results be- ducing its lead in both civil and military aircraft; fore foreign competitors.’’ Page 9 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20111

§ 20103. Definitions HISTORICAL AND REVISION NOTES In this chapter: Revised Section Source (U.S. Code) Source (Statutes at Large) (1) AERONAUTICAL AND SPACE ACTIVITIES.— The term ‘‘aeronautical and space activities’’ 20111 ...... 42 U.S.C. 2472. Pub. L. 85–568, title II, § 202, July 29, 1958, 72 Stat. 429; means— Pub. L. 88–426, title III, (A) research into, and the solution of, § 305(12), Aug. 14, 1964, 78 problems of flight within and outside the Stat. 423. Earth’s atmosphere; USERS’ ADVISORY GROUP (B) the development, construction, testing, and operation for research purposes of aero- Pub. L. 101–611, title I, § 121, Nov. 16, 1990, 104 Stat. nautical and space vehicles; 3204, provided that: ‘‘(a) ESTABLISHMENT.—(1) The National Space Council (C) the operation of a space transportation shall establish a Users’ Advisory Group composed of system including the space shuttle, upper non-Federal representatives of industries and other stages, space platforms, and related equip- persons involved in aeronautical and space activities. ment; and ‘‘(2) The Vice President shall name a chairman of the (D) such other activities as may be re- Users’ Advisory Group. quired for the exploration of space. ‘‘(3) The National Space Council shall from time to time, but not less than once a year, meet with the (2) AERONAUTICAL AND SPACE VEHICLES.—The Users’ Advisory Group. term ‘‘aeronautical and space vehicles’’ means ‘‘(4) The function of the Users’ Advisory Group shall aircraft, missiles, satellites, and other space be to ensure that the interests of industries and other vehicles, manned and unmanned, together non-Federal entities involved in space activities, in- with related equipment, devices, components, cluding in particular commercial entities, are ade- quately represented in the National Space Council. and parts. ‘‘(5) The Users’ Advisory Group may be assisted by (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3332.) personnel detailed to the National Space Council. ‘‘(b) EXEMPTION.—The Users’ Advisory Group shall HISTORICAL AND REVISION NOTES not be subject to section 14(a)(2) of the Federal Advi- sory Committee Act [5 U.S.C. App.].’’ Revised Source (U.S. Code) Source (Statutes at Large) Section NATIONAL SPACE COUNCIL 20103 ...... 42 U.S.C. 2452. Pub. L. 85–568, title I, § 103, Pub. L. 101–328, § 3(a), July 8, 1990, 104 Stat. 308, pro- July 29, 1958, 72 Stat. 427; vided that: ‘‘Not more than six individuals may be em- Pub. L. 98–52, title I, § 108, July 15, 1983, 97 Stat. 285. ployed by the National Space Council without regard to any provision of law regulating the employment or In paragraph (1)(A), the word ‘‘Earth’s’’ is capitalized compensation of persons in the Government service, at for consistency in title 51. rates not to exceed the rate of pay for level VI of the Senior Executive Schedule as provided pursuant to sec- tion 5382 of title 5, United States Code.’’ SUBCHAPTER II—COORDINATION OF Pub. L. 101–328, § 4, July 8, 1990, 104 Stat. 308, provided AERONAUTICAL AND SPACE ACTIVITIES that: ‘‘The National Space Council may, for purposes of carrying out its functions, employ experts and consult- § 20111. National Aeronautics and Space Admin- ants in accordance with section 3109 of title 5, United istration States Code, and may compensate individuals so em- ployed for each day they are involved in a business of (a) ESTABLISHMENT AND APPOINTMENT OF AD- the National Space Council (including traveltime) at MINISTRATOR.—There is established the National rates not in excess of the daily equivalent of the maxi- Aeronautics and Space Administration. The Ad- mum rate of pay for grade GS–18 as provided pursuant ministration shall be headed by an Adminis- to section 5332 of title 5, United States Code.’’ [References in laws to the rates of pay for GS–16, 17, trator, who shall be appointed from civilian life or 18, or to maximum rates of pay under the General by the President by and with the advice and con- Schedule, to be considered references to rates payable sent of the Senate. Under the supervision and di- under specified sections of Title 5, Government Organi- rection of the President, the Administrator zation and Employees, see section 529 [title I, § 101(c)(1)] shall be responsible for the exercise of all powers of Pub. L. 101–509, set out in a note under section 5376 and the discharge of all duties of the Adminis- of Title 5.] tration and shall have authority and control Pub. L. 100–685, title V, § 501, Nov. 17, 1988, 102 Stat. over all personnel and activities thereof. 4102, provided that: ‘‘(a) Effective February 1, 1989, there is established in (b) DEPUTY ADMINISTRATOR.—There shall be in the Executive Office of the President the National the Administration a Deputy Administrator, Space Council, which shall be chaired by the Vice who shall be appointed from civilian life by the President. President by and with the advice and consent of ‘‘(b) By March 1, 1989, the President shall submit to the Senate. The Deputy Administrator shall per- the Congress a report that outlines the composition form such duties and exercise such powers as the and functions of the National Space Council. Administrator may prescribe. The Deputy Ad- ‘‘(c) The Council may employ a staff of not more than ministrator shall act for, and exercise the pow- seven persons, which is to be headed by a civilian exec- utive secretary, who shall be appointed by the Presi- ers of, the Administrator during the Adminis- dent.’’ trator’s absence or disability. (c) RESTRICTION ON OTHER BUSINESS OR EM- EX. ORD. NO. 10849. ESTABLISHMENT OF SEAL FOR NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PLOYMENT.—The Administrator and the Deputy Administrator shall not engage in any other Ex. Ord. No. 10849, Nov. 27, 1959, 24 F.R. 9559, as business, vocation, or employment while serving amended by Ex. Ord. No. 10942, May 19, 1961, 26 F.R. as such. 4419, provided: WHEREAS the Administrator of the National Aero- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3332.) nautics and Space Administration has caused to be § 20111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 10 made, and has recommended that I approve, a seal for (c) The Chairman shall, from time to time, invite the the National Aeronautics and Space Administration, following to participate in meetings of the Council: the design of which accompanies and is hereby made a (1) The Chairman of the Joint Chiefs of Staff; and part of this order, and which is described as follows: (2) The heads of other executive departments and On a disc of the blue sky strewn with white stars, to agencies and other senior officials in the Executive Of- dexter a larger yellow sphere bearing a red flight sym- fice of the President. bol apex in upper sinister and wings enveloping and SEC. 2. Functions of the Council. (a) The Council shall casting a brown shadow upon the sphere, all partially advise and assist the President on national space policy encircled with a horizontal white orbit, in sinister a and strategy, and perform such other duties as the small light-blue sphere; circumscribing the disc a white President may from time to time prescribe. band edged gold inscribed ‘‘National Aeronautics and (b) In addition, the Council is directed to: Space Administration U.S.A.’’ in red letters. (1) review United States Government space policy, in- cluding long-range goals, and develop a strategy for na- tional space activities; (2) develop recommendations for the President on space policy and space-related issues; (3) monitor and coordinate implementation of the ob- jectives of the President’s national space policy by ex- ecutive departments and agencies; and (4) foster close coordination, cooperation, and tech- nology and information exchange among the civil, na- tional security, and commercial space sectors, and fa- cilitate resolution of differences concerning major space and space-related policy issues. (c) The creation and operation of the Council shall not interfere with existing lines of authority and re- sponsibilities in the departments and agencies. SEC. 3. Responsibilities of the Chairman. (a) The Chair- man shall serve as the President’s principal advisor on national space policy and strategy. (b) The Chairman shall, in consultation with the members of the Council, establish procedures for the Council and establish the agenda for Council activities. (c) The Chairman shall report to the President on the activities and recommendations of the Council. The Chairman shall advise the Council as appropriate re- AND WHEREAS it appears that such seal is of suit- garding the President’s directions with respect to the able design and appropriate for establishment as the of- Council’s activities and national space policy gener- ficial seal of the National Aeronautics and Space Ad- ally. ministration: (d) The Chairman shall authorize the establishment NOW, THEREFORE, by virtue of the authority vested of such committees of the Council, including an execu- in me as President of the United States, I hereby ap- tive committee, and of such working groups, composed prove such seal as the official seal of the National of senior designees of the Council members and of other Aeronautics and Space Administration. officials invited to participate in Council meetings, as he deems necessary or appropriate for the efficient con- EX. ORD. NO. 12675. ESTABLISHING THE NATIONAL SPACE duct of Council functions. COUNCIL SEC. 4. National Space Policy Planning Process. (a) The Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as Council will establish a process for developing and amended by Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. monitoring the implementation of national space pol- 18095; Ex. Ord. No. 12869, § 4(f), Sept. 30, 1993, 58 F.R. icy and strategy. 51752, provided: (b) To implement this process, each agency rep- By the authority vested in me as President by the resented on the Council shall provide such information Constitution and laws of the United States of America, regarding its current and planned space activities as and in order to provide a coordinated process for devel- the Chairman shall request. oping a national space policy and strategy and for mon- (c) The head of each executive department and agen- itoring its implementation, it is hereby ordered as fol- cy shall ensure that its space-related activities con- lows: form to national space policy and strategy. SECTION 1. Establishment and Composition of the Na- SEC. 5. [Revoked by Ex. Ord. No. 12869, § 4(f), Sept. 30, tional Space Council. 1993, 58 F.R. 51752.] (a) There is established the National Space Council SEC. 6. Microgravity Research Board. Section 1(c) of (‘‘the Council’’). Executive Order No. 12660 is amended by deleting ‘‘Eco- (b) The Council shall be composed of the following nomic Policy Council’’ and inserting in lieu thereof members: ‘‘National Space Council.’’ (1) The Vice President, who shall be Chairman of the SEC. 7. Administrative Provisions. (a) The Office of Ad- Council; ministration in the Executive Office of the President (2) The Secretary of State; shall provide the Council with such administrative sup- (3) The Secretary of the Treasury; port on a reimbursable basis as may be necessary for (4) The Secretary of Defense; the performance of the functions of the Council. (5) The Secretary of Commerce; (b) The President shall appoint an Executive Sec- (6) The Secretary of Transportation; (7) The Secretary of Energy; retary who shall appoint such staff as may be necessary (8) The Director of the Office of Management and to assist in the performance of the Council’s functions. Budget; (c) All Federal departments, agencies, and inter- (9) The Chief of Staff to the President; agency councils and committees having an impact on (10) The Assistant to the President for National Secu- space policy shall extend, as appropriate, such coopera- rity Affairs; tion and assistance to the Council as is necessary to (11) The Assistant to the President for Science and carry out its responsibilities under this order. Technology; (d) The head of each agency serving on the Council or (12) The Director of Central Intelligence; and represented on any working group or committee of the (13) The Administrator of the National Aeronautics Council shall provide such administrative support as and Space Administration. may be necessary, in accordance with law and subject Page 11 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20113 to the availability of appropriations, to enable the and amend rules and regulations governing the agency head or its representative to carry out his re- manner of its operations and the exercise of the sponsibilities. powers vested in it by law. SEC. 8. Report. The Council shall submit an annual re- (b) OFFICERS AND EMPLOYEES.—In the perform- port setting forth its assessment of and recommenda- tions for the space policy and strategy of the United ance of its functions, the Administration is au- States Government. thorized to appoint and fix the compensation of officers and employees as may be necessary to § 20112. Functions of the Administration carry out such functions. The officers and em- (a) PLANNING, DIRECTING, AND CONDUCTING ployees shall be appointed in accordance with AERONAUTICAL AND SPACE ACTIVITIES.—The Ad- the civil service laws and their compensation ministration, in order to carry out the purpose fixed in accordance with chapter 51 and sub- of this chapter, shall— chapter III of chapter 53 of title 5, except that— (1) plan, direct, and conduct aeronautical (1) to the extent the Administrator deems and space activities; such action necessary to the discharge of the (2) arrange for participation by the scientific Administrator’s responsibilities, the Adminis- community in planning scientific measure- trator may appoint not more than 425 of the ments and observations to be made through scientific, engineering, and administrative use of aeronautical and space vehicles, and personnel of the Administration without re- conduct or arrange for the conduct of such gard to such laws, and may fix the compensa- measurements and observations; tion of such personnel not in excess of the rate (3) provide for the widest practicable and ap- of basic pay payable for level III of the Execu- propriate dissemination of information con- tive Schedule; and cerning its activities and the results thereof; (2) to the extent the Administrator deems (4) seek and encourage, to the maximum ex- such action necessary to recruit specially tent possible, the fullest commercial use of qualified scientific and engineering talent, the space; and Administrator may establish the entrance (5) encourage and provide for Federal Gov- grade for scientific and engineering personnel ernment use of commercially provided space without previous service in the Federal Gov- services and hardware, consistent with the re- ernment at a level up to 2 grades higher than quirements of the Federal Government. the grade provided for such personnel under the General Schedule, and fix their compensa- (b) RESEARCH AND DEVELOPMENT IN CERTAIN tion accordingly. TECHNOLOGIES.— (1) GROUND PROPULSION TECHNOLOGIES.—The (c) PROPERTY.—In the performance of its func- Administration shall, to the extent of appro- tions, the Administration is authorized— priated funds, initiate, support, and carry out (1) to acquire (by purchase, lease, condemna- such research, development, demonstration, tion, or otherwise), construct, improve, repair, and other related activities in ground propul- operate, and maintain laboratories, research sion technologies as are provided for in sec- and testing sites and facilities, aeronautical tions 4 to 10 of the Electric and Hybrid Vehicle and space vehicles, quarters and related ac- Research, Development, and Demonstration commodations for employees and dependents Act of 1976 (15 U.S.C. 2503 to 2509). of employees of the Administration, and such (2) SOLAR HEATING AND COOLING TECH- other real and personal property (including NOLOGIES.—The Administration shall initiate, patents), or any interest therein, as the Ad- support, and carry out such research, develop- ministration deems necessary within and out- ment, demonstrations, and other related ac- side the continental United States; tivities in solar heating and cooling tech- (2) to acquire by lease or otherwise, through nologies (to the extent that funds are appro- the Administrator of General Services, build- priated therefor) as are provided for in sec- ings or parts of buildings in the District of Co- tions 5, 6, and 9 of the Solar Heating and Cool- lumbia for the use of the Administration for a ing Demonstration Act of 1974 (42 U.S.C. 5503, period not to exceed 10 years without regard to 5504, 5507). section 8141 of title 40; (3) to lease to others such real and personal (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3333.) property; HISTORICAL AND REVISION NOTES (4) to sell and otherwise dispose of real and personal property (including patents and Revised Source (U.S. Code) Source (Statutes at Large) rights thereunder) in accordance with the pro- Section visions of chapters 1 to 11 of title 40 and in ac- 20112 ...... 42 U.S.C. 2473(a), Pub. L. 85–568, title II, cordance with title III of the Federal Property (b). § 203(a), (b), July 29, 1958, 72 Stat. 429; Pub. L. 93–409, and Administrative Services Act of 1949 (41 § 4, Sept. 3, 1974, 88 Stat. U.S.C. 251 et seq.); 1 and 1070; Pub. L. 94–413, § 15(c), Sept. 17, 1976, 90 Stat. 1270; (5) to provide by contract or otherwise for Pub. L. 95–401, § 6, Sept. 30, cafeterias and other necessary facilities for 1978, 92 Stat. 860; Pub. L. 101–611, title I, § 107, Nov. the welfare of employees of the Administra- 16, 1990, 104 Stat. 3197. tion at its installations and purchase and maintain equipment therefor. § 20113. Powers of the Administration in per- (d) GIFTS.—In the performance of its func- formance of functions tions, the Administration is authorized to ac- (a) RULES AND REGULATIONS.—In the perform- cept unconditional gifts or donations of services, ance of its functions, the Administration is au- thorized to make, promulgate, issue, rescind, 1 See References in Text note below. § 20113 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 12 money, or property, real, personal, or mixed, (k) CONCESSIONS FOR VISITORS’ FACILITIES.— tangible or intangible. (1) IN GENERAL.—In the performance of its (e) CONTRACTS, LEASES, AND AGREEMENTS.—In functions, the Administration is authorized to the performance of its functions, the Adminis- provide by concession, without regard to sec- tration is authorized, without regard to sub- tion 1302 of title 40, on such terms as the Ad- sections (a) and (b) of section 3324 of title 31, to ministrator may deem to be appropriate and enter into and perform such contracts, leases, necessary to protect the concessioner against cooperative agreements, or other transactions loss of the concessioner’s investment in prop- as may be necessary in the conduct of its work erty (but not anticipated profits) resulting and on such terms as it may deem appropriate, from the Administration’s discretionary acts with any agency or instrumentality of the and decisions, for the construction, mainte- United States, or with any State, territory, or nance, and operation of all manner of facilities possession, or with any political subdivision and equipment for visitors to the several in- thereof, or with any person, firm, association, stallations of the Administration and, in con- corporation, or educational institution. To the nection therewith, to provide services incident maximum extent practicable and consistent to the dissemination of information concern- with the accomplishment of the purpose of this ing its activities to such visitors, without chapter, such contracts, leases, agreements, and charge or with a reasonable charge therefor other transactions shall be allocated by the Ad- (with this authority being in addition to any ministrator in a manner which will enable other authority that the Administration may small-business concerns to participate equitably have to provide facilities, equipment, and and proportionately in the conduct of the work services for visitors to its installations). of the Administration. (f) COOPERATION WITH FEDERAL AGENCIES AND (2) PUBLIC NOTICE AND DUE CONSIDERATION OF OTHERS.—In the performance of its functions, PROPOSALS.—A concession agreement under the Administration is authorized to use, with this subsection may be negotiated with any their consent, the services, equipment, person- qualified proposer following due consideration nel, and facilities of Federal and other agencies of all proposals received after reasonable pub- with or without reimbursement, and on a simi- lic notice of the intention to contract. lar basis to cooperate with other public and pri- (3) REASONABLE OPPORTUNITY FOR PROFIT.— vate agencies and instrumentalities in the use of The concessioner shall be afforded a reason- services, equipment, and facilities. Each depart- able opportunity to make a profit commensu- ment and agency of the Federal Government rate with the capital invested and the obliga- shall cooperate fully with the Administration in tions assumed. The consideration paid by the making its services, equipment, personnel, and concessioner for the concession shall be based facilities available to the Administration, and on the probable value of the opportunity and any such department or agency is authorized, not on maximizing revenue to the United notwithstanding any other provision of law, to States. transfer to or to receive from the Administra- (4) RECORDS AND ACCESS TO RECORDS.—Each tion, without reimbursement, aeronautical and concession agreement shall specify the man- space vehicles, and supplies and equipment ner in which the concessioner’s records are to other than administrative supplies or equip- be maintained, and shall provide for access to ment. the records by the Administration and the (g) ADVISORY COMMITTEES.—In the perform- Comptroller General of the United States for a ance of its functions, the Administration is au- period of 5 years after the close of the business thorized to appoint such advisory committees as year to which the records relate. may be appropriate for purposes of consultation (5) POSSESSORY INTERESTS.—A concessioner and advice to the Administration. may be accorded a possessory interest, con- (h) OFFICES AND PROCEDURES.—In the perform- sisting of all incidents of ownership except ance of its functions, the Administration is au- legal title (which shall vest in the United thorized to establish within the Administration States), in any structure, fixture, or improve- such offices and procedures as may be appro- ment the concessioner constructs or locates priate to provide for the greatest possible co- upon land owned by the United States. With ordination of its activities under this chapter the approval of the Administration, such pos- with related scientific and other activities being sessory interest may be assigned, transferred, carried on by other public and private agencies encumbered, or relinquished by the conces- and organizations. sioner, and, unless otherwise provided by con- (i) TEMPORARY OR INTERMITTENT SERVICES OF tract, shall not be extinguished by the expira- EXPERTS OR CONSULTANTS.—In the performance tion or other termination of the concession of its functions, the Administration is author- and may not be taken for public use without ized to obtain services as provided by section just compensation. 3109 of title 5, but at rates for individuals not to exceed the per diem rate equivalent to the maxi- (l) DETAILING MEMBERS OF ARMED SERVICES.— mum rate payable under section 5376 of title 5. In the performance of its functions, the Admin- (j) ALIENS.—In the performance of its func- istration is authorized, with the approval of the tions, the Administration is authorized, when President, to enter into cooperative agreements determined by the Administrator to be nec- under which members of the Army, Navy, Air essary, and subject to such security investiga- Force, and Marine Corps may be detailed by the tions as the Administrator may determine to be appropriate Secretary for services in the per- appropriate, to employ aliens without regard to formance of functions under this chapter to the statutory provisions prohibiting payment of same extent as that to which they might be law- compensation to aliens. fully assigned in the Department of Defense. Page 13 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20114

(m) CLAIMS AGAINST THE UNITED STATES.—In for GS–18’’ because of section 101(c) of the Federal Em- the performance of its functions, the Adminis- ployees Pay Comparability Act of 1990 (enacted by § 529 tration is authorized— of Public Law 101–509, 5 U.S.C. 5376 note). (1) to consider, ascertain, adjust, determine, In subsection (k)(1), the words ‘‘section 1302 of title 40’’ are substituted for ‘‘section 321 of the Act of June settle, and pay, on behalf of the United States, 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)’’ on authority of in full satisfaction thereof, any claim for section 5(c) of Public Law 107–217 (116 Stat. 1303), the $25,000 or less against the United States for first section of which enacted Title 40, Public Build- bodily injury, death, or damage to or loss of ings, Property, and Works. real or personal property resulting from the REFERENCES IN TEXT conduct of the Administration’s functions as specified in section 20112(a) of this title, where Level III of the Executive Schedule, referred to in such claim is presented to the Administration subsec. (b)(1), is set out in section 5314 of Title 5, Gov- ernment Organization and Employees. in writing within 2 years after the accident or The Federal Property and Administrative Services incident out of which the claim arises; and Act of 1949, referred to in subsec. (c)(4), is act June 30, (2) if the Administration considers that a 1949, ch. 288, 63 Stat. 377. Title III of the Act was classi- claim in excess of $25,000 is meritorious and fied generally to subchapter IV (§ 251 et seq.) of chapter would otherwise be covered by this subsection, 4 of former Title 41, Public Contracts, and was substan- to report the facts and circumstances to Con- tially repealed and restated in division C (§ 3101 et seq.) gress for its consideration. of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3333.) complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of HISTORICAL AND REVISION NOTES Title 41 and Tables. For disposition of sections of Revised former Title 41, see Disposition Table preceding section Section Source (U.S. Code) Source (Statutes at Large) 101 of Title 41.

20113 ...... 42 U.S.C. 2473(c). Pub. L. 85–568, title II, PURCHASE OF AMERICAN-MADE EQUIPMENT AND § 203(c), formerly § 203(b), PRODUCTS July 29, 1958, 72 Stat. 429; Pub. L. 86–20, May 13, 1959, Pub. L. 106–391, title III, § 319, Oct. 30, 2000, 114 Stat. 73 Stat. 21; Pub. L. 86–481, § 5, June 1, 1960, 74 Stat. 1597, provided that: 153; Pub. L. 87–367, title II, ‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND § 206(a), Oct. 4, 1961, 75 PRODUCTS.—In the case of any equipment or products Stat. 791; Pub. L. 87–584, that may be authorized to be purchased with financial § 6, Aug. 14, 1962, 76 Stat. 384; Pub. L. 87–793, assistance provided under this Act [see Tables for clas- § 1001(f), Oct. 11, 1962, 76 sification], it is the sense of the Congress that entities Stat. 864; Pub. L. 88–426, receiving such assistance should, in expending the as- title III, § 306(d), Aug. 14, 1964, 78 Stat. 429; Pub. L. sistance, purchase only American-made equipment and 88–448, title IV, § 402(a)(34), products. Aug. 10, 1964, 78 Stat. 495; ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In provid- Pub. L. 91–646, title II, § 220(a)(2), Jan. 2, 1971, 84 ing financial assistance under this Act, the Adminis- Stat. 1903; Pub. L. 93–74, trator [of the National Aeronautics and Space Adminis- § 6, July 23, 1973, 87 Stat. tration] shall provide to each recipient of the assist- 174; Pub. L. 93–316, § 6, June 22, 1974, 88 Stat. 243; ance a notice describing the statement made in sub- renumbered § 203(c), Pub. section (a) by the Congress.’’ L. 93–409, § 4, Sept. 3, 1974, 88 Stat. 1070; Pub. L. 96–48, ENHANCEMENT OF SCIENCE AND MATHEMATICS § 6(a), Aug. 8, 1979, 93 Stat. PROGRAMS 348; Pub. L. 108–201, § 2(a), Feb. 24, 2004, 118 Stat. 461. Pub. L. 106–391, title III, § 321, Oct. 30, 2000, 114 Stat. 1597, provided that: In subsection (b), in the matter before paragraph (1), ‘‘(a) DEFINITIONS.—In this section: the words ‘‘chapter 51 and subchapter III of chapter 53 ‘‘(1) EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.— of title 5’’ are substituted for ‘‘the Classification Act of The term ‘educationally useful Federal equipment’ 1949, as amended’’ on authority of section 7(b) of Public means computers and related peripheral tools and re- Law 89–554 (80 Stat. 631), the first section of which en- search equipment that is appropriate for use in acted Title 5, Government Organization and Employ- schools. ees. ‘‘(2) SCHOOL.—The term ‘school’ means a public or In subsection (c)(2), the words ‘‘section 8141 of title private educational institution that serves any of the 40’’ are substituted for ‘‘the Act of March 3, 1877 (40 grades of kindergarten through grade 12. U.S.C. 34)’’ on authority of section 5(c) of Public Law ‘‘(b) SENSE OF THE CONGRESS.— 107–217 (116 Stat. 1303), the first section of which en- ‘‘(1) IN GENERAL.—It is the sense of the Congress acted Title 40, Public Buildings, Property, and Works. that the Administrator [of the National Aeronautics In subsection (c)(4), the words ‘‘in accordance with and Space Administration] should, to the greatest ex- the provisions of chapters 1 to 11 of title 40 and in ac- tent practicable and in a manner consistent with ap- cordance with title III of the Federal Property and Ad- plicable Federal law (including Executive Order No. ministrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ 12999 [40 U.S.C. 549 note]), donate educationally useful are substituted for ‘‘in accordance with the provisions Federal equipment to schools in order to enhance the of the Federal Property and Administrative Services science and mathematics programs of those schools. Act of 1949, as amended (40 U.S.C. 471 et seq.)’’ on au- ‘‘(2) REPORTS.—Not later than 1 year after the date thority of section 5(c) of Public Law 107–217 (116 Stat. of the enactment of this Act [Oct. 30, 2000], and annu- 1303), the first section of which enacted Title 40, Public ally thereafter, the Administrator shall prepare and Buildings, Property, and Works. submit to Congress a report describing any donations In subsection (e), the words ‘‘subsections (a) and (b) of educationally useful Federal equipment to schools of section 3324 of title 31’’ are substituted for ‘‘section made during the period covered by the report.’’ 3648 of the Revised Statutes, as amended (31 U.S.C. 529)’’ on authority of section 4(b) of Public Law 97–258 § 20114. Administration and Department of De- (96 Stat. 1067), the first section of which enacted Title fense coordination 31, Money and Finance. In subsection (i), the words ‘‘maximum rate payable (a) ADVISE AND CONSULT.—The Administration under section 5376 of title 5’’ are substituted for ‘‘rate and the Department of Defense, through the § 20115 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 14

President, shall advise and consult with each Memorandum for the Administrator of the National other on all matters within their respective ju- and Aeronautics and Space Administration risdictions related to aeronautical and space ac- By the authority vested in me as President by the tivities and shall keep each other fully and cur- Constitution and the laws of the United States of America, and in order to facilitate the efficient oper- rently informed with respect to such activities. ations of the aeronautical and space programs of the (b) REFERRAL TO THE PRESIDENT.—If the Sec- National Aeronautics and Space Administration retary of Defense concludes that any request, (NASA), it is hereby ordered as follows: action, proposed action, or failure to act on the The authority conferred upon the President by the part of the Administrator is adverse to the re- Constitution and the laws of the United States of sponsibilities of the Department of Defense, or America to executive mutual waivers of claims of li- the Administrator concludes that any request, ability on behalf of the United States for damages aris- action, proposed action, or failure to act on the ing out of cooperative activities is hereby delegated to part of the Department of Defense is adverse to the Administrator of NASA for agreements with for- the responsibilities of the Administration, and eign governments and their agents regarding aero- the Administrator and the Secretary of Defense nautical, science, and space activities that are exe- cuted pursuant to the authority granted NASA by the are unable to reach an agreement with respect National Aeronautics and Space Act of 1958, Public Law to the matter, either the Administrator or the 85–568, as amended [see 51 U.S.C. 20101 et seq.]. All such Secretary of Defense may refer the matter to agreements shall be subject to coordination with and the President for a decision (which shall be the concurrence of the Department of State to the ex- final). tent provided by applicable law, regulations, and proce- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3336.) dures. All such waivers of liability entered into prior to the date of this memorandum are hereby ratified. HISTORICAL AND REVISION NOTES You are authorized and directed to publish this memorandum in the Federal Register. Revised WILLIAM J. CLINTON. Section Source (U.S. Code) Source (Statutes at Large)

20114(a) ...... 42 U.S.C. 2474(b). Pub. L. 85–568, title II, § 20116. Reports to Congress § 204(b), (c), July 29, 1958, 72 Stat. 431. (a) PRESIDENTIAL REPORT.—The President 20114(b) ...... 42 U.S.C. 2474(c). shall transmit to Congress in May of each year In subsection (a), the words ‘‘through the President’’ a report, which shall include— are substituted for ‘‘through the Liaison Committee’’ (1) a comprehensive description of the pro- because the Civilian-Military Liaison Committee, grammed activities and the accomplishments which was established by section 204(a) of the National of all agencies of the United States in the field Aeronautics and Space Act of 1958 (42 U.S.C. 2474(a)), of aeronautics and space activities during the was abolished and its functions, together with the func- preceding fiscal year; and tions of its chairman and other officers, were trans- ferred to the President by sections 1(e) and 3(a) of Reor- (2) an evaluation of such activities and ac- ganization Plan No. 4 of 1965 (5 App. U.S.C.). complishments in terms of the attainment of, In subsection (b), the words ‘‘as provided in section or the failure to attain, the objectives de- 201 (e)’’, which appeared at the end of the subsection, scribed in section 20102(d) of this title. are omitted as obsolete. Section 201 of Public Law 85–568, which was classified to former section 2471 of (b) RECOMMENDATIONS FOR ADDITIONAL LEGIS- title 42 (last appearing in the 1970 edition of the United LATION.—Any report made under this section States Code), established the National Aeronautics and shall contain such recommendations for addi- Space Council, with the functions of the Council speci- tional legislation as the Administrator or the fied in section 201(e). Those functions included advising President may consider necessary or desirable the President ‘‘as he may request’’ with respect to pro- for the attainment of the objectives described in moting cooperation and resolving differences among agencies of the United States engaged in aeronautical section 20102(d) of this title. and space activities. The words are obsolete because (c) CLASSIFIED INFORMATION.—No information section 3(a)(4) of Reorganization Plan No. 1 of 1973 (5 that has been classified for reasons of national App. U.S.C.), abolished the National Aeronautics and security shall be included in any report made Space Council, including the office of Executive Sec- under this section, unless the information has retary of the Council, together with its functions. been declassified by, or pursuant to authoriza- § 20115. International cooperation tion given by, the President. The Administration, under the foreign policy (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3337.) guidance of the President, may engage in a pro- HISTORICAL AND REVISION NOTES gram of international cooperation in work done pursuant to this chapter, and in the peaceful ap- Revised Source (U.S. Code) Source (Statutes at Large) plication of the results thereof, pursuant to Section agreements made by the President with the ad- 20116 ...... 42 U.S.C. 2476. Pub. L. 85–568, title II, § 206, July 29, 1958, 72 Stat. 432; vice and consent of the Senate. Pub. L. 92–68, § 7, Aug. 6, 1971, 85 Stat. 177; Pub. L. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3337.) 106–391, title III, § 302(b), Oct. 30, 2000, 114 Stat. 1591. HISTORICAL AND REVISION NOTES In subsections (a)(2) and (b), the words ‘‘section 102(c) Revised Section Source (U.S. Code) Source (Statutes at Large) of this Act’’, which appear in section 206 of Public Law 85–568 (72 Stat. 432), are treated as referring to section 20115 ...... 42 U.S.C. 2475. Pub. L. 85–568, title II, § 205, 102(d), rather than section 102(c), of Public Law 85–568 July 29, 1958, 72 Stat. 432. because of the redesignation done by section 110(a)(2) of the National Aeronautics and Space Administration DELEGATION OF AUTHORITY Authorization Act, 1985 (Public Law 98–361, 98 Stat. Memorandum of President of the United States, Oct. 426). Section 102(d) of Public Law 85–568 is restated as 10, 1995, 60 F.R. 53251, provided: section 20102(d) of title 51. Page 15 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20132

DELEGATION OF CERTAIN REPORTING AUTHORITY SUBCHAPTER III—GENERAL Memorandum of President of the United States, Mar. ADMINISTRATIVE PROVISIONS 5, 2004, 69 F.R. 11489, provided: Memorandum for the Administrator of the National § 20131. Public access to information Aeronautics and Space Administration (a) PUBLIC INSPECTION.—Information obtained By the authority vested in me as President by the or developed by the Administrator in the per- Constitution and the laws of the United States, includ- formance of the Administrator’s functions under ing section 301 of title 3, United States Code, I hereby delegate to you the functions conferred upon the Presi- this chapter shall be made available for public dent by section 206 of the National Aeronautics and inspection, except information— Space Act of 1958, as amended ([former] 42 U.S.C. 2476) (1) authorized or required by Federal statute [now 51 U.S.C. 20116], to provide the specified report to to be withheld; the Congress. Nothing in this delegation shall be con- (2) classified to protect the national secu- strued to impair or otherwise affect the authority of rity; or the Director of the Office of Management and Budget (3) described in subsection (b). with respect to budget, administrative, and legislative proposals. (b) SPECIAL HANDLING OF TRADE SECRET OR You are authorized and directed to publish this CONFIDENTIAL INFORMATION.— memorandum in the Federal Register. (1) IN GENERAL.—The Administrator, for a GEORGE W. BUSH. period of up to 5 years after the development of information described in paragraph (2), may provide appropriate protections against the § 20117. Disposal of excess land dissemination of such information, including Notwithstanding the provisions of this or any exemption from subchapter II of chapter 5 of other law, the Administration may not report to title 5. a disposal agency as excess to the needs of the (2) INFORMATION DESCRIBED.—Information re- Administration any land having an estimated ferred to in paragraph (1) is information that value in excess of $50,000 that is owned by the results from activities conducted under an United States and under the jurisdiction and agreement entered into under subsections (e) control of the Administration, unless— and (f) of section 20113 of this title, and that (1) a period of 30 days has passed after the re- would be a trade secret or commercial or fi- ceipt by the Speaker and the Committee on nancial information that is privileged or con- Science and Technology of the House of Rep- fidential under the meaning of section 552(b)(4) resentatives and the President and the Com- of title 5 if the information had been obtained mittee on Commerce, Science, and Transpor- from a non-Federal party participating in such tation of the Senate of a report by the Admin- an agreement. istrator or the Administrator’s designee con- (c) COMMITTEES OF CONGRESS.—Nothing in this taining a full and complete statement of the chapter authorizes the withholding of informa- action proposed to be taken and the facts and tion by the Administrator from the duly author- circumstances relied upon in support of such ized committees of Congress. action; or (2) each such committee before the expira- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) tion of that period has transmitted to the Ad- HISTORICAL AND REVISION NOTES ministrator written notice to the effect that the committee has no objection to the pro- Revised Section Source (U.S. Code) Source (Statutes at Large) posed action. 20131(a) ...... 42 U.S.C. 2454(a) Pub. L. 85–568, title III, § 303, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3337.) (words before pro- July 29, 1958, 72 Stat. 433; viso). Pub. L. 102–588, title V, HISTORICAL AND REVISION NOTES § 509, Nov. 4, 1992, 106 Stat. 5129. 20131(b) ...... 42 U.S.C. 2454(b). Revised Source (U.S. Code) Source (Statutes at Large) 20131(c) ...... 42 U.S.C. 2454(a) Section (proviso). 20117 ...... 42 U.S.C. 2476a. Pub. L. 85–568, title II, § 207, as added Pub. L. 93–74, § 7, § 20132. Security requirements July 23, 1973, 87 Stat. 175; amended Pub. L. 103–437, § 15(j), Nov. 2, 1994, 108 The Administrator shall establish such secu- Stat. 4593. rity requirements, restrictions, and safeguards as the Administrator deems necessary in the in- In paragraph (1), the words ‘‘Committee on Science terest of the national security. The Adminis- and Technology’’ are substituted for ‘‘Committee on trator may arrange with the Director of the Of- Science, Space, and Technology’’ on authority of sec- tion 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. fice of Personnel Management for the conduct of 21), Rule X(1)(n) of the Rules of the House of Represent- such security or other personnel investigations atives, adopted by House Resolution No. 5 (106th Con- of the Administration’s officers, employees, and gress, January 6, 1999), and Rule X(1)(o) of the Rules of consultants, and its contractors and subcontrac- the House of Representatives, adopted by House Reso- tors and their officers and employees, actual or lution No. 6 (110th Congress, January 5, 2007). prospective, as the Administrator deems appro- priate. If any such investigation develops any CHANGE OF NAME data reflecting that the individual who is the subject of the investigation is of questionable Committee on Science and Technology of House of Representatives changed to Committee on Science, loyalty, the matter shall be referred to the Fed- Space, and Technology of House of Representatives by eral Bureau of Investigation for the conduct of House Resolution No. 5, One Hundred Twelfth Congress, a full field investigation, the results of which Jan. 5, 2011. shall be furnished to the Administrator. § 20133 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 16

(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) engaged in the protection of property owned by the United States, and located at facilities HISTORICAL AND REVISION NOTES owned by or contracted to the United States, Revised to carry firearms while in the conduct of their Source (U.S. Code) Source (Statutes at Large) Section official duties. 20132 ...... 42 U.S.C. 2455(a). Pub. L. 85–568, title III, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) § 304(a), July 29, 1958, 72 Stat. 433; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, HISTORICAL AND REVISION NOTES 1979, 43 F.R. 36037, 92 Stat. 3783. Revised Section Source (U.S. Code) Source (Statutes at Large) The words ‘‘Director of the Office of Personnel Man- 20133 ...... 42 U.S.C. 2456. Pub. L. 85–568, title III, agement’’ are substituted for ‘‘Civil Service Commis- § 304(e), July 29, 1958, 72 sion’’ because of section 102 of Reorganization Plan No. Stat. 435. 2 of 1978 (5 App U.S.C.).

ACCESS TO RESTRICTED DATA § 20134. Arrest authority Pub. L. 85–568, title III, § 304(b), July 29, 1958, 72 Stat. Under regulations prescribed by the Adminis- 434, provided that: ‘‘The Atomic Energy Commission trator and approved by the Attorney General, may authorize any of its employees, or employees of employees of the Administration and of its con- any contractor, prospective contractor, licensee, or prospective licensee of the Atomic Energy Commission tractors and subcontractors authorized to carry or any other person authorized to have access to Re- firearms under section 20133 of this title may ar- stricted Data by the Atomic Energy Commission under rest without warrant for any offense against the subsection 145 b. of the Atomic Energy Act of 1954 (42 United States committed in their presence, or U.S.C. 2165(b)), to permit any member, officer, or em- for any felony cognizable under the laws of the ployee of the Council [National Aeronautics and Space United States if they have reasonable grounds to Council], or the Administrator [of the National Aero- believe that the person to be arrested has com- nautics and Space Administration], or any officer, em- mitted or is committing such felony. Persons ployee, member of an advisory committee, contractor, subcontractor, or officer or employee of a contractor or granted authority to make arrests by this sec- subcontractor of the Administration [National Aero- tion may exercise that authority only while nautics and Space Administration], to have access to guarding and protecting property owned or Restricted Data relating to aeronautical and space ac- leased by, or under the control of, the United tivities which is required in the performance of his du- States under the administration and control of ties and so certified by the Council or the Adminis- the Administration or one of its contractors or trator, as the case may be, but only if (1) the Council subcontractors, at facilities owned by or con- or Administrator or designee thereof has determined, tracted to the Administration. in accordance with the established personnel security procedures and standards of the Council or Administra- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3339.) tion, that permitting such individual to have access to such Restricted Data will not endanger the common de- HISTORICAL AND REVISION NOTES fense and security, and (2) the Council or Adminis- Revised trator or designee thereof finds that the established Section Source (U.S. Code) Source (Statutes at Large) personnel and other security procedures and standards of the Council or Administration are adequate and in 20134 ...... 42 U.S.C. 2456a. Pub. L. 85–568, title III, reasonable conformity to the standards established by § 304(f), as added Pub. L. 100–685, title II, § 206, Nov. the Atomic Energy Commission under section 145 of the 17, 1988, 102 Stat. 4090. Atomic Energy Act of 1954 (42 U.S.C. 2165). Any individ- ual granted access to such Restricted Data pursuant to this subsection may exchange such Data with any indi- § 20135. Property rights in inventions vidual who (A) is an officer or employee of the Depart- (a) DEFINITIONS.—In this section: ment of Defense, or any department or agency thereof, (1) CONTRACT.—The term ‘‘contract’’ means or a member of the armed forces, or a contractor or subcontractor of any such department, agency, or any actual or proposed contract, agreement, armed force, or an officer or employee of any such con- understanding, or other arrangement, and in- tractor or subcontractor, and (B) has been authorized cludes any assignment, substitution of parties, to have access to Restricted Data under the provisions or subcontract executed or entered into there- of section 143 of the Atomic Energy Act of 1954 (42 under. U.S.C. 2163).’’ (2) MADE.—The term ‘‘made’’, when used in [Atomic Energy Commission abolished and functions relation to any invention, means the concep- transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Func- tion or first actual reduction to practice of tions notes set out under those sections.] such invention. [National Aeronautics and Space Council, together (3) PERSON.—The term ‘‘person’’ means any with functions of Council, abolished by section 3(a)(4) individual, partnership, corporation, associa- of Reorg. Plan No. 1 of 1973, effective July 1, 1973, set tion, institution, or other entity. out in the Appendix to Title 5, Government Organiza- tion and Employees.] (b) EXCLUSIVE PROPERTY OF UNITED STATES.— (1) IN GENERAL.—An invention shall be the § 20133. Permission to carry firearms exclusive property of the United States if it is As the Administrator deems necessary in the made in the performance of any work under public interest, the Administrator may— any contract of the Administration, and the (1) direct officers and employees of the Ad- Administrator determines that— ministration to carry firearms while in the (A) the person who made the invention was conduct of their official duties; and employed or assigned to perform research, (2) authorize employees of contractors and development, or exploration work and the subcontractors of the Administration who are invention is related to the work the person Page 17 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20135

was employed or assigned to perform, or was to the Administrator unless the applicant with- within the scope of the person’s employment in 30 days after receipt of the notice requests a duties, whether or not it was made during hearing before the Patent Trial and Appeal working hours, or with a contribution by the Board on the question whether the Adminis- Government of the use of Government facili- trator is entitled under this section to receive ties, equipment, materials, allocated funds, the patent. The Board may hear and determine, information proprietary to the Government, in accordance with rules and procedures estab- or services of Government employees during lished for interference and derivation cases, the working hours; or question so presented, and its determination (B) the person who made the invention was shall be subject to appeal by the applicant or by not employed or assigned to perform re- the Administrator to the United States Court of search, development, or exploration work, Appeals for the Federal Circuit in accordance but the invention is nevertheless related to with procedures governing appeals from deci- the contract, or to the work or duties the sions of the Patent Trial and Appeal Board in person was employed or assigned to perform, other proceedings. and was made during working hours, or with (f) SUBSEQUENT TRANSFER OF PATENT IN CASE a contribution from the Government of the OF FALSE REPRESENTATIONS.—Whenever a patent sort referred to in subparagraph (A). has been issued to an applicant in conformity with subsection (e), and the Administrator (2) PATENT TO UNITED STATES.—If an inven- thereafter has reason to believe that the state- tion is the exclusive property of the United ment filed by the applicant in connection with States under paragraph (1), and if such inven- the patent contained a false representation of a tion is patentable, a patent therefor shall be material fact, the Administrator, within 5 years issued to the United States upon application after the date of issuance of the patent, may file made by the Administrator, unless the Admin- with the Director a request for the transfer to istrator waives all or any part of the rights of the Administrator of title to the patent on the the United States to such invention in con- records of the Director. Notice of any such re- formity with the provisions of subsection (g). quest shall be transmitted by the Director to (c) CONTRACT PROVISIONS FOR FURNISHING RE- the owner of record of the patent, and title to PORTS OF INVENTIONS, DISCOVERIES, IMPROVE- the patent shall be so transferred to the Admin- MENTS, OR INNOVATIONS.—Each contract entered istrator unless, within 30 days after receipt of into by the Administrator with any party for notice, the owner of record requests a hearing the performance of any work shall contain effec- before the Patent Trial and Appeal Board on the tive provisions under which the party shall fur- question whether any such false representation nish promptly to the Administrator a written was contained in the statement filed in connec- report containing full and complete technical tion with the patent. The question shall be information concerning any invention, discov- heard and determined, and the determination ery, improvement, or innovation which may be shall be subject to review, in the manner pre- made in the performance of any such work. scribed by subsection (e) for questions arising (d) PATENT APPLICATION.—No patent may be thereunder. A request made by the Adminis- issued to any applicant other than the Adminis- trator under this subsection for the transfer of trator for any invention which appears to the title to a patent, and prosecution for the viola- Under Secretary of Commerce for Intellectual tion of any criminal statute, shall not be barred Property and Director of the United States Pat- by the failure of the Administrator to make a ent and Trademark Office (hereafter in this sec- request under subsection (e) for the issuance of tion referred to as the ‘‘Director’’) to have sig- the patent to the Administrator, or by any no- nificant utility in the conduct of aeronautical tice previously given by the Administrator stat- and space activities unless the applicant files ing that the Administrator had no objection to with the Director, with the application or with- the issuance of the patent to the applicant. in 30 days after request therefor by the Director, (g) WAIVER OF RIGHTS TO INVENTIONS.—Under a written statement executed under oath setting such regulations in conformity with this sub- forth the full facts concerning the circum- section as the Administrator shall prescribe, the stances under which the invention was made and Administrator may waive all or any part of the stating the relationship (if any) of the invention rights of the United States under this section to the performance of any work under any con- with respect to any invention or class of inven- tract of the Administration. Copies of each such tions made or which may be made by any person statement and the application to which it re- or class of persons in the performance of any lates shall be transmitted forthwith by the Di- work required by any contract of the Adminis- rector to the Administrator. tration if the Administrator determines that the (e) ISSUANCE OF PATENT TO APPLICANT.—Upon interests of the United States will be served any application as to which any such statement thereby. Any such waiver may be made upon has been transmitted to the Administrator, the such terms and under such conditions as the Ad- Director may, if the invention is patentable, ministrator shall determine to be required for issue a patent to the applicant unless the Ad- the protection of the interests of the United ministrator, within 90 days after receipt of the States. Each such waiver made with respect to application and statement, requests that the any invention shall be subject to the reservation patent be issued to the Administrator on behalf by the Administrator of an irrevocable, non- of the United States. If, within such time, the exclusive, nontransferable, royalty-free license Administrator files such a request with the Di- for the practice of such invention throughout rector, the Director shall transmit notice there- the world by or on behalf of the United States or of to the applicant, and shall issue such patent any foreign government pursuant to any treaty § 20136 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 18 or agreement with the United States. Each pro- that effective date, with certain exceptions, see section posal for any waiver under this subsection shall 7(e) of Pub. L. 112–29, set out as a note under section 6 be referred to an Inventions and Contributions of Title 35, Patents. Board which shall be established by the Admin- § 20136. Contributions awards istrator within the Administration. Such Board shall accord to each interested party an oppor- (a) APPLICATIONS.—Subject to the provisions of tunity for hearing, and shall transmit to the Ad- this section, the Administrator is authorized, on ministrator its findings of fact with respect to the Administrator’s own initiative or on appli- such proposal and its recommendations for ac- cation of any person, to make a monetary tion to be taken with respect thereto. award, in an amount and on terms the Adminis- (h) PROTECTION OF TITLE.—The Administrator trator determines to be warranted, to any per- is authorized to take all suitable and necessary son (as defined by section 20135(a) of this title) steps to protect any invention or discovery to for any scientific or technical contribution to which the Administrator has title, and to re- the Administration which is determined by the quire contractors or persons who retain title to Administrator to have significant value in the inventions or discoveries under this section to conduct of aeronautical and space activities. protect the inventions or discoveries to which Each application made for such an award shall the Administration has or may acquire a license be referred to the Inventions and Contributions of use. Board established under section 20135 of this (i) ADMINISTRATION AS DEFENSE AGENCY.—The title. Such Board shall accord to each applicant Administration shall be considered a defense an opportunity for hearing on the application, agency of the United States for the purpose of and shall transmit to the Administrator its rec- chapter 17 of title 35. ommendation as to the terms of the award, if (j) OBJECTS INTENDED FOR LAUNCH, LAUNCHED, any, to be made to the applicant for the con- OR ASSEMBLED IN OUTER SPACE.—Any object in- tribution. In determining the terms and condi- tended for launch, launched, or assembled in tions of an award the Administrator shall take outer space shall be considered a vehicle for the into account— purpose of section 272 of title 35. (1) the value of the contribution to the (k) USE OR MANUFACTURE OF PATENTED INVEN- United States; TIONS INCORPORATED IN SPACE VEHICLES (2) the aggregate amount of any sums which LAUNCHED FOR PERSONS OTHER THAN UNITED have been expended by the applicant for the STATES.—The use or manufacture of any pat- development of the contribution; ented invention incorporated in a space vehicle (3) the amount of any compensation (other launched by the United States Government for a than salary received for services rendered as person other than the United States shall not be an officer or employee of the Government) pre- considered to be a use or manufacture by or for viously received by the applicant for or on ac- the United States within the meaning of section count of the use of the contribution by the 1498(a) of title 28, unless the Administration United States; and gives an express authorization or consent for (4) any other factors the Administrator de- such use or manufacture. termines to be material. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3339; (b) APPORTIONMENT OF AWARDS.—If more than Pub. L. 112–29, § 7(d)(2), Sept. 16, 2011, 125 Stat. one applicant under subsection (a) claims an in- 315.) terest in the same contribution, the Adminis- trator shall ascertain and determine the respec- HISTORICAL AND REVISION NOTES tive interests of the applicants, and shall appor- tion any award to be made among the applicants Revised Section Source (U.S. Code) Source (Statutes at Large) in amounts the Administrator determines to be equitable. 20135 ...... 42 U.S.C. 2457. Pub. L. 85–568, title III, § 305, July 29, 1958, 72 Stat. 435; (c) SURRENDER OF OTHER CLAIMS.—No award Pub. L. 96–517, § 7(b), Dec. may be made under subsection (a) unless the ap- 12, 1980, 94 Stat. 3027; Pub. L. 97–96, § 7, Dec. 21, 1981, plicant surrenders, by means the Administrator 95 Stat. 1210; Pub. L. determines to be effective, all claims that the 97–164, title I, § 162(3), Apr. 2, 1982, 96 Stat. 49; Pub. L. applicant may have to receive any compensation 98–622, title II, § 205(c), (other than the award made under this section) Nov. 8, 1984, 98 Stat. 3388; Pub. L. 106–113, div. B, for the use of the contribution or any element § 1000(a)(9) [title IV, thereof at any time by or on behalf of the United § 4732(b)(20)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585. States, or by or on behalf of any foreign govern- ment pursuant to a treaty or agreement with AMENDMENTS the United States, within the United States or at any other place. 2011—Subsec. (e). Pub. L. 112–29 substituted ‘‘Patent Trial and Appeal Board’’ for ‘‘Board of Patent Appeals (d) REPORT AND WAITING PERIOD.—No award and Interferences’’ in two places and inserted ‘‘and der- may be made under subsection (a) in an amount ivation’’ after ‘‘established for interference’’. exceeding $100,000 unless the Administrator Subsec. (f). Pub. L. 112–29, § 7(d)(2)(A), substituted transmits to the appropriate committees of Con- ‘‘Patent Trial and Appeal Board’’ for ‘‘Board of Patent gress a full and complete report concerning the Appeals and Interferences’’. amount and terms of, and the basis for, the pro- EFFECTIVE DATE OF 2011 AMENDMENT posed award, and a period of 30 calendar days of regular session of Congress expires after receipt Amendment by Pub. L. 112–29 effective upon the expi- of the report by the committees. ration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3342.) Page 19 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20138

HISTORICAL AND REVISION NOTES United States determine, on a hearing on a mo- tion to remand held before a trial on the merits, Revised Section Source (U.S. Code) Source (Statutes at Large) that the case so removed is one in which a rem- edy by suit within the meaning of subsection (a) 20136(a) ...... 42 U.S.C. 2458(a). Pub. L. 85–568, title III, § 306, July 29, 1958, 72 Stat. 437. is not available against the United States, the 20136(b) ...... 42 U.S.C. 2458(b) (1st case shall be remanded to the State court. sentence). 20136(c) ...... 42 U.S.C. 2458(b) (d) COMPROMISE OR SETTLEMENT OF CLAIMS.— (par. (1) of last The Attorney General may compromise or settle sentence). 20136(d) ...... 42 U.S.C. 2458(b) any claim asserted in such civil action or pro- (par. (2) of last ceeding in the manner provided in section 2677 of sentence). title 28, and with the same effect. In subsections (c) and (d), the words ‘‘No award may (e) APPLICABILITY OF OTHER PROVISIONS OF be made under subsection (a)’’ are substituted for ‘‘No LAW.—For purposes of this section, the provi- award may be made under subsection (a) with respect sions of section 2680(h) of title 28 shall not apply to any contribution’’ for clarity and to eliminate un- to any cause of action arising out of a negligent necessary words. or wrongful act or omission in the performance § 20137. Malpractice and negligence suits against of medical, dental, or related health care func- United States tions (including clinical studies and investiga- tions). (a) EXCLUSIVE REMEDY.—The remedy against (f) LIABILITY INSURANCE FOR PERSONS AS- the United States provided by sections 1346(b) SIGNED TO FOREIGN COUNTRIES OR NON-FEDERAL and 2672 of title 28, for damages for personal in- AGENCIES.—The Administrator or the Adminis- jury, including death, caused by the negligent or trator’s designee may, to the extent that the wrongful act or omission of any physician, den- Administrator or the designee deems appro- tist, nurse, pharmacist, or paramedical or other priate, hold harmless or provide liability insur- supporting personnel (including medical and ance for any person described in subsection (a) dental technicians, nursing assistants, and for damages for personal injury, including therapists) of the Administration in the per- death, caused by such person’s negligent or formance of medical, dental, or related health wrongful act or omission in the performance of care functions (including clinical studies and in- medical, dental, or related health care functions vestigations) while acting within the scope of (including clinical studies and investigations) such person’s duties or employment therein or while acting within the scope of such person’s therefor shall be exclusive of any other civil ac- duties if such person is assigned to a foreign tion or proceeding by reason of the same subject country or detailed for service with other than matter against such person (or the estate of a Federal department, agency, or instrumental- such person) whose act or omission gave rise to ity or if the circumstances are such as are likely the action or proceeding. to preclude the remedies of third persons (b) ATTORNEY GENERAL TO DEFEND ANY CIVIL against the United States described in section ACTION OR PROCEEDING FOR MALPRACTICE OR 2679(b) of title 28, for such damage or injury. NEGLIGENCE.—The Attorney General shall de- fend any civil action or proceeding brought in (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3343.) any court against any person referred to in sub- HISTORICAL AND REVISION NOTES section (a) (or the estate of such person) for any such injury. Any such person against whom such Revised Section Source (U.S. Code) Source (Statutes at Large) civil action or proceeding is brought shall de- liver within such time after date of service or 20137 ...... 42 U.S.C. 2458a. Pub. L. 85–568, title III, § 307, as added Pub. L. 94–464, § 3, knowledge of service as determined by the At- Oct. 8, 1976, 90 Stat. 1988. torney General, all process served upon such person or an attested true copy thereof to such In subsection (a), the word ‘‘hereafter’’ is omitted as person’s immediate superior or to whomever was unnecessary. designated by the Administrator to receive such In subsection (b), in the last sentence, commas are added after ‘‘brought’’ and ‘‘Attorney General’’ for papers. Such person shall promptly furnish cop- clarity. ies of the pleading and process therein to the In subsection (e), the words ‘‘wrongful act or omis- United States Attorney for the district embrac- sion’’ are substituted for ‘‘wrongful act of omission’’ to ing the place wherein the proceeding is brought, correct an error in the law. to the Attorney General, and to the Adminis- trator. § 20138. Insurance and indemnification (c) REMOVAL OF ACTIONS.—Upon a certification (a) DEFINITIONS.—In this section: by the Attorney General that any person de- (1) SPACE VEHICLE.—The term ‘‘space vehi- scribed in subsection (a) was acting in the scope cle’’ means an object intended for launch, of such person’s duties or employment at the launched, or assembled in outer space, includ- time of the incident out of which the suit arose, ing the space shuttle and other components of any such civil action or proceeding commenced a space transportation system, together with in a State court shall be removed without bond related equipment, devices, components, and at any time before trial by the Attorney General parts. to the district court of the United States of the (2) THIRD PARTY.—The term ‘‘third party’’ district and division embracing the place where- means any person who may institute a claim in it is pending and the proceeding deemed a against a user for death, bodily injury, or loss tort action brought against the United States of or damage to property. under the provisions of title 28, and all ref- (3) USER.—The term ‘‘user’’ includes anyone erences thereto. Should a district court of the who enters into an agreement with the Admin- § 20139 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 20

istration for use of all or a portion of a space (1) COOPERATING PARTY.—The term ‘‘cooper- vehicle, who owns or provides property to be ating party’’ means any person who enters flown on a space vehicle, or who employs a into an agreement with the Administration person to be flown on a space vehicle. for the performance of cooperative scientific, (b) AUTHORIZATION.—The Administration is au- aeronautical, or space activities to carry out thorized on such terms and to the extent it may the purposes of this chapter. deem appropriate to provide liability insurance (2) DEVELOPER.—The term ‘‘developer’’ for any user of a space vehicle to compensate all means a United States person (other than a or a portion of claims by third parties for death, natural person) who— (A) is a party to an agreement with the bodily injury, or loss of or damage to property Administration for the purpose of developing resulting from activities carried on in connec- new technology for an experimental aero- tion with the launch, operations, or recovery of space vehicle; the space vehicle. Appropriations available to (B) owns or provides property to be flown the Administration may be used to acquire such or situated on that vehicle; or insurance, but such appropriations shall be re- (C) employs a natural person to be flown imbursed to the maximum extent practicable by on that vehicle. the users under reimbursement policies estab- lished pursuant to section 20113 of this title. (3) EXPERIMENTAL AEROSPACE VEHICLE.—The (c) INDEMNIFICATION.—Under such regulations term ‘‘experimental aerospace vehicle’’ means in conformity with this section as the Adminis- an object intended to be flown in, or launched trator shall prescribe taking into account the into, orbital or suborbital flight for the pur- availability, cost, and terms of liability insur- pose of demonstrating technologies necessary ance, any agreement between the Administra- for a reusable launch vehicle, developed under tion and a user of a space vehicle may provide an agreement between the Administration and that the United States will indemnify the user a developer. against claims (including reasonable expenses of (4) RELATED ENTITY.—The term ‘‘related en- litigation or settlement) by third parties for tity’’ includes a contractor or subcontractor death, bodily injury, or loss of or damage to at any tier, a supplier, a grantee, and an inves- property resulting from activities carried on in tigator or detailee. connection with the launch, operations, or re- (b) IN GENERAL.—The Administrator may pro- covery of the space vehicle, but only to the ex- vide liability insurance for, or indemnification tent that such claims are not compensated by li- to, the developer of an experimental aerospace ability insurance of the user. Such indemnifica- vehicle developed or used in execution of an tion may be limited to claims resulting from agreement between the Administration and the other than the actual negligence or willful mis- developer. conduct of the user. (c) TERMS AND CONDITIONS.— (d) TERMS OF INDEMNIFICATION AGREEMENT.— (1) IN GENERAL.—Except as otherwise pro- An agreement made under subsection (c) that vided in this section, the insurance and indem- provides indemnification must also provide for— nification provided by the Administration (1) notice to the United States of any claim under subsection (b) to a developer shall be or suit against the user for the death, bodily provided on the same terms and conditions as injury, or loss of or damage to the property; insurance and indemnification is provided by and the Administration under section 20138 of this (2) control of or assistance in the defense by title to the user of a space vehicle. the United States, at its election, of that suit (2) INSURANCE.— or claim. (A) IN GENERAL.—A developer shall obtain (e) CERTIFICATION OF JUST AND REASONABLE liability insurance or demonstrate financial AMOUNT.—No payment may be made under sub- responsibility in amounts to compensate for section (c) unless the Administrator or the Ad- the maximum probable loss from claims by— ministrator’s designee certifies that the amount (i) a third party for death, bodily injury, is just and reasonable. or property damage, or loss resulting from (f) PAYMENTS.—Upon the approval by the Ad- an activity carried out in connection with ministrator, payments under subsection (c) may the development or use of an experimental be made, at the Administrator’s election, either aerospace vehicle; and from funds available for research and develop- (ii) the United States Government for ment not otherwise obligated or from funds ap- damage or loss to Government property re- propriated for such payments. sulting from such an activity. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3344.) (B) MAXIMUM REQUIRED.—The Adminis- trator shall determine the amount of insur- HISTORICAL AND REVISION NOTES ance required, but, except as provided in Revised subparagraph (C), that amount shall not be Section Source (U.S. Code) Source (Statutes at Large) greater than the amount required under sec- tion 50914(a)(3) of this title for a launch. The 20138 ...... 42 U.S.C. 2458b. Pub. L. 85–568, title III, § 308, as added Pub. L. 96–48, Administrator shall publish notice of the § 6(b)(2), Aug. 8, 1979, 93 Administrator’s determination and the ap- Stat. 348. plicable amount or amounts in the Federal § 20139. Insurance for experimental aerospace Register within 10 days after making the de- vehicles termination. (C) INCREASE IN DOLLAR AMOUNTS.—The Ad- (a) DEFINITIONS.—In this section: ministrator may increase the dollar Page 21 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20139

amounts set forth in section 50914(a)(3)(A) of solve any party of liability to any natural this title for the purpose of applying that person (including, but not limited to, a natu- section under this section to a developer ral person who is an employee of the United after consultation with the Comptroller States, the developer, the cooperating party, General and such experts and consultants as or their respective subcontractors) or such a may be appropriate, and after publishing no- natural person’s estate, survivors, or tice of the increase in the Federal Register subrogees for negligence, except with respect not less than 180 days before the increase to a subrogee that is a party to the waiver or goes into effect. The Administrator shall has otherwise agreed to be bound by the make available for public inspection, not terms of the waiver. later than the date of publication of such no- (C) INDEMNIFICATION FOR DAMAGES.—A re- tice, a complete record of any correspond- ciprocal waiver under paragraph (1) may not ence received by the Administration, and a be used as the basis of a claim by the Admin- transcript of any meetings in which the Ad- istration, or the developer or cooperating ministration participated, regarding the pro- party, for indemnification against the other posed increase. for damages paid to a natural person, or that (D) SAFETY REVIEW REQUIRED BEFORE AD- natural person’s estate, survivors, or MINISTRATOR PROVIDES INSURANCE.—The Ad- subrogees, for injury or death sustained by ministrator may not provide liability insur- that natural person as a result of activities ance or indemnification under subsection (b) connected to the agreement or use of the unless the developer establishes to the satis- experimental aerospace vehicle. faction of the Administrator that appro- (D) WILLFUL MISCONDUCT.—A reciprocal priate safety procedures and practices are waiver under paragraph (1) may not relieve being followed in the development of the the United States, the developer, the cooper- experimental aerospace vehicle. ating party, or the related entities of the de- (3) NO INDEMNIFICATION WITHOUT CROSS-WAIV- veloper or cooperating party, of liability for ER.—Notwithstanding subsection (b), the Ad- damage or loss resulting from willful mis- ministrator may not indemnify a developer of conduct. an experimental aerospace vehicle under this (3) EFFECT ON PREVIOUS WAIVERS.—This sub- section unless there is an agreement between section applies to any waiver of claims entered the Administration and the developer de- into by the Administration without regard to scribed in subsection (d). the date on which the Administration entered (4) APPLICATION OF CERTAIN PROCEDURES.—If into the waiver. the Administrator requests additional appro- priations to make payments under this sec- (e) RELATIONSHIP TO OTHER LAWS.— tion, like the payments that may be made (1) SECTION 20138.—This section does not under section 20138(c) of this title, then the re- apply to any object, transaction, or operation quest for those appropriations shall be made to which section 20138 of this title applies. in accordance with the procedures established (2) SECTION 50919(g)(1).—The Administrator by subsections (d) and (e) of section 50915 of may not provide indemnification to a devel- this title. oper under this section for launches subject to license under section 50919(g)(1) of this title. (d) CROSS-WAIVERS.— (1) ADMINISTRATOR AUTHORIZED TO WAIVE.— (f) TERMINATION.— The Administrator, on behalf of the United (1) IN GENERAL.—The provisions of this sec- States, and its departments, agencies, and in- tion shall terminate on December 31, 2010. strumentalities, may reciprocally waive (2) EFFECT OF TERMINATION ON AGREEMENT.— claims with a developer or cooperating party The termination of this section shall not ter- and with the related entities of that developer minate or otherwise affect any cross-waiver or cooperating party under which each party agreement, insurance agreement, indemnifica- to the waiver agrees to be responsible, and tion agreement, or other agreement entered agrees to ensure that its own related entities into under this section, except as may be pro- are responsible, for damage or loss to its prop- vided in that agreement. erty for which it is responsible, or for losses (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3345.) resulting from any injury or death sustained by its own employees or agents, as a result of HISTORICAL AND REVISION NOTES activities connected to the agreement or use Revised of the experimental aerospace vehicle. Section Source (U.S. Code) Source (Statutes at Large) (2) LIMITATIONS.— (A) CLAIMS.—A reciprocal waiver under 20139 ...... 42 U.S.C. 2458c. Pub. L. 85–568, title III, § 309, formerly title III, as paragraph (1) may not preclude a claim by added Pub. L. 106–74, title any natural person (including, but not lim- IV, § 435(a), Oct. 20, 1999, 113 Stat. 1097; designated ited to, a natural person who is an employee § 309 and amended Pub. L. of the United States, the developer, the co- 106–391, title III, § 324(a)(2), (b), Oct. 30, 2000, 114 Stat. operating party, or their respective sub- 1599, 1600; Pub. L. 109–155, contractors) or that natural person’s estate, title VII, § 702, Dec. 30, survivors, or subrogees for injury or death, 2005, 119 Stat. 2936. except with respect to a subrogee that is a In subsection (d)(3), the words ‘‘without regard to the party to the waiver or has otherwise agreed date on which the Administration entered into the to be bound by the terms of the waiver. waiver’’ are substituted for ‘‘without regard to whether (B) LIABILITY FOR NEGLIGENCE.—A recip- it was entered into before, on, or after the date of en- rocal waiver under paragraph (1) may not ab- actment of this Act’’ to avoid an ambiguity in the law. § 20140 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 22

Literally, the words ‘‘the date of enactment of this nection with, endorsement of, or authorization Act’’ mean July 29, 1958, the date of enactment of Pub- from, the Administration which does not, in lic Law 85–568. However, the intended meaning of the words ‘‘the date of enactment of this Act’’ is probably fact, exist; or October 20, 1999, the date of enactment of Public Law (2) in connection with any product or service 106–74. The question as to which date is actually in- being offered or made available to the public tended is rendered inconsequential by the words ‘‘be- fore, on, or after’’. in a manner reasonably calculated to convey the impression that the product or service has § 20140. Appropriations the authorization, support, sponsorship, or en- (a) AUTHORIZATION.— dorsement of, or the development, use, or (1) IN GENERAL.—There are authorized to be manufacture by or on behalf of the Adminis- appropriated such sums as may be necessary tration which does not, in fact, exist. to carry out this chapter, except that nothing in this chapter shall authorize the appropria- (b) CIVIL PROCEEDING TO ENJOIN.—Whenever it tion of any amount for— appears to the Attorney General that any person (A) the acquisition or condemnation of any is engaged in an act or practice which con- real property; or stitutes or will constitute conduct prohibited by (B) any other item of a capital nature subsection (a), the Attorney General may initi- (such as plant or facility acquisition, con- ate a civil proceeding in a district court of the struction, or expansion) which exceeds United States to enjoin such act or practice. $250,000. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3348.) (2) AVAILABILITY.—Sums appropriated pursu- ant to this subsection for the construction of HISTORICAL AND REVISION NOTES facilities, or for research and development ac- tivities, shall remain available until expended. Revised Section Source (U.S. Code) Source (Statutes at Large) (b) USE OF FUNDS FOR EMERGENCY REPAIRS OF 20141 ...... 42 U.S.C. 2459b. Pub. L. 85–568, title III, § 311, EXISTING FACILITIES.—Any funds appropriated formerly § 310, as added for the construction of facilities may be used for Pub. L. 98–52, title I, § 107, July 15, 1983, 97 Stat. 284; emergency repairs of existing facilities when renumbered § 311, Pub. L. such existing facilities are made inoperative by 106–391, title III, § 324(a)(1), major breakdown, accident, or other circum- Oct. 30, 2000, 114 Stat. 1599. stances and such repairs are deemed by the Ad- ministrator to be of greater urgency than the § 20142. Contracts regarding expendable launch construction of new facilities. vehicles (c) TERMINATION.—Notwithstanding any other provision of law, the authorization of any appro- (a) COMMITMENTS BEYOND AVAILABLE APPRO- priation to the Administration shall expire (un- PRIATIONS.—The Administrator may enter into less an earlier expiration is specifically pro- vided) at the close of the third fiscal year fol- contracts for expendable launch vehicle services lowing the fiscal year in which the authoriza- that are for periods in excess of the period for tion was enacted, to the extent that such appro- which funds are otherwise available for obliga- priation has not theretofore actually been made. tion, provide for the payment for contingent li- ability which may accrue in excess of available (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3347.) appropriations in the event the Federal Govern- HISTORICAL AND REVISION NOTES ment for its convenience terminates such con- tracts, and provide for advance payments rea- Revised Source (U.S. Code) Source (Statutes at Large) Section sonably related to launch vehicle and related 20140 ...... 42 U.S.C. 2459. Pub. L. 85–568, title III, § 310, equipment, fabrication, and acquisition costs, if formerly § 307, July 29, any such contract limits the amount of the pay- 1958, 72 Stat. 438; Pub. L. 88–113, § 6, Sept. 6, 1963, 77 ments that the Government is allowed to make Stat. 144; renumbered § 308, Pub. L. 94–464, § 3, under such contract to amounts provided in ad- Oct. 8, 1976, 90 Stat. 1988; vance in appropriation Acts. Such contracts renumbered § 309, Pub. L. 96–48, § 6(b)(1), Aug. 8, 1979, may be limited to sources within the United 93 Stat. 348; renumbered § 310, Pub. L. 106–391, title States when the Administrator determines that III, § 324(a)(1), Oct. 30, 2000, such limitation is in the public interest. 114 Stat. 1599. (b) TERMINATION IF FUNDS NOT AVAILABLE.—If § 20141. Misuse of agency name and initials funds are not available to continue any such contract, the contract shall be terminated for (a) IN GENERAL.—No person (as defined by sec- the convenience of the Government, and the tion 20135(a) of this title) may knowingly use costs of such contract shall be paid from appro- the words ‘‘National Aeronautics and Space Ad- priations originally available for performance of ministration’’ or the letters ‘‘NASA’’, or any combination, variation, or colorable imitation the contract, from other unobligated appropria- of those words or letters either alone or in com- tions currently available for the procurement of bination with other words or letters— launch services, or from funds appropriated for (1) as a firm or business name in a manner such payments. reasonably calculated to convey the impres- sion that the firm or business has some con- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3348.) Page 23 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20144

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

Revised HISTORICAL AND REVISION NOTES Section Source (U.S. Code) Source (Statutes at Large) Revised 20142 ...... 42 U.S.C. 2459c. Pub. L. 85–568, title III, § 312, Section Source (U.S. Code) Source (Statutes at Large) formerly § 311, as added Pub. L. 100–147, title I, § 117, Oct. 30, 1987, 101 20143 ...... 42 U.S.C. 2459f. Pub. L. 85–568, title III, § 313, Stat. 867; renumbered formerly § 312, as added § 312, Pub. L. 106–391, title Pub. L. 106–377, § 1(a)(1) III, § 324(a)(1), Oct. 30, 2000, [title IV, § 431], Oct. 27, 114 Stat. 1599. 2000, 114 Stat. 1441, 1441A–56; renumbered § 313 and amended, Pub. L. In subsection (a), the word ‘‘expendable’’ is sub- 108–199, div. G, title IV, stituted for ‘‘expendabe’’ to correct an error in the law. § 417, Jan. 23, 2004, 118 Stat. 415; Pub. L. 108–447, div. I, title IV, § 417, Dec. § 20143. Full cost appropriations account struc- 8, 2004, 118 Stat. 3339; Pub. ture L. 109–155, title II, § 201, Dec. 30, 2005, 119 Stat. (a) ACCOUNTS FOR APPROPRIATIONS.— 2915. (1) DESIGNATION OF 3 ACCOUNTS.—Appropria- tions for the Administration shall be made in In subsection (a)(1), the words ‘‘for fiscal year 2007 and thereafter’’ are omitted as unnecessary. 3 accounts, ‘‘Science, Aeronautics, and Edu- cation’’, ‘‘Exploration Systems and Space Op- NOTICE OF REPROGRAMMING OR REORGANIZATION erations’’, and an account for amounts appro- Pub. L. 106–391, title III, § 311, Oct. 30, 2000, 114 Stat. priated for the necessary expenses of the Of- 1594, provided that: fice of the Inspector General. ‘‘(a) NOTICE OF REPROGRAMMING.—If any funds author- (2) REPROGRAMMING.—Within the Explo- ized by this Act [see Tables for classification] are sub- ration Systems and Space Operations account, ject to a reprogramming action that requires notice to no more than 10 percent of the funds for a fis- be provided to the Appropriations Committees of the cal year for Exploration Systems may be re- House of Representatives and the Senate, notice of programmed for Space Operations, and no such action shall concurrently be provided to the Com- mittee on Science [now Committee on Science, Space, more than 10 percent of the funds for a fiscal and Technology] of the House of Representatives and year for Space Operations may be repro- the Committee on Commerce, Science, and Transpor- grammed for Exploration Systems. This para- tation of the Senate. graph shall not apply to reprogramming for ‘‘(b) NOTICE OF REORGANIZATION.—The Administrator the purposes described in subsection (b)(2). [of the National Aeronautics and Space Administra- (3) AVAILABILITY.—Appropriations shall re- tion] shall provide notice to the Committees on Science main available for 2 fiscal years, unless other- [now Science, Space, and Technology] and Appropria- wise specified in law. Each account shall in- tions of the House of Representatives, and the Commit- clude the planned full costs of Administration tees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 30 days be- activities. fore any major reorganization of any program, project, (b) TRANSFERS AMONG ACCOUNTS.— or activity of the National Aeronautics and Space Ad- (1) IN GENERAL.—To ensure the safe, timely, ministration.’’ and successful accomplishment of Administra- § 20144. Prize authority tion missions, the Administration may trans- fer among accounts as necessary, amounts (a) IN GENERAL.—The Administration may for— carry out a program to competitively award (A) Federal salaries and benefits; cash prizes to stimulate innovation in basic and (B) training, travel, and awards; applied research, technology development, and (C) facility and related costs; prototype demonstration that have the poten- (D) information technology services; tial for application to the performance of the (E) publishing services; (F) science, engineering, fabricating, and space and aeronautical activities of the Admin- testing services; and istration. The Administration may carry out a (G) other administrative services. program to award prizes only in conformity with this section. (2) DISASTER, ACT OF TERRORISM, EMERGENCY (b) TOPICS.—In selecting topics for prize com- RESCUE.—The Administration may also trans- petitions, the Administrator shall consult wide- fer amounts among accounts for the imme- ly both within and outside the Federal Govern- diate costs of recovering from damage caused ment, and may empanel advisory committees. by a major disaster (as defined in section 102 The Administrator shall give consideration to of the Robert T. Stafford Disaster Relief and prize goals such as the demonstration of the Emergency Assistance Act (42 U.S.C. 5122)) or ability to provide energy to the lunar surface by an act of terrorism, or for the immediate from space-based solar power systems, dem- costs associated with an emergency rescue of onstration of innovative near-Earth object sur- astronauts. vey and deflection strategies, and innovative ap- (c) TRANSFER OF UNEXPIRED BALANCES.—The proaches to improving the safety and efficiency unexpired balances of prior appropriations to of aviation systems. the Administration for activities authorized (c) ADVERTISING.—The Administrator shall under this chapter may be transferred to the widely advertise prize competitions to encour- new account established for such activity in age participation. subsection (a). Balances so transferred may be (d) REQUIREMENTS AND REGISTRATION.—For merged with funds in the newly established ac- each prize competition, the Administrator shall count and thereafter may be accounted for as publish a notice in the Federal Register an- one fund under the same terms and conditions. nouncing the subject of the competition, the § 20144 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 24 rules for being eligible to participate in the (h) ADMINISTERING THE COMPETITION.—The Ad- competition, the amount of the prize, and the ministrator may enter into an agreement with a basis on which a winner will be selected. private, nonprofit entity to administer the prize (e) ELIGIBILITY.—To be eligible to win a prize competition, subject to the provisions of this under this section, an individual or entity— section. (1) shall have registered to participate in the (i) FUNDING.— competition pursuant to any rules promul- (1) SOURCES.—Prizes under this section may gated by the Administrator under subsection consist of Federal appropriated funds and (d); funds provided by the private sector for such (2) shall have complied with all the require- cash prizes. The Administrator may accept ments under this section; funds from other Federal agencies for such (3) in the case of a private entity, shall be cash prizes. The Administrator may not give incorporated in and maintain a primary place any special consideration to any private sec- of business in the United States, and in the tor entity in return for a donation. case of an individual, whether participating (2) AVAILABILITY.— singly or in a group, shall be a citizen or per- (A) DEFINITION OF PROVISIONS KNOWN AS manent resident of the United States; and THE ANTI-DEFICIENCY ACT.—In this paragraph, (4) shall not be a Federal entity or Federal the term ‘‘provisions known as the Anti-De- employee acting within the scope of their em- ficiency Act’’ means sections 1341, 1342, ployment. 1349(a), 1350, 1351, 1511, 1512, 1513, 1514, 1515, 1516, 1517, 1518, and 1519 of title 31. (f) LIABILITY.— (B) IN GENERAL.—Notwithstanding any (1) ASSUMPTION OF RISK.—Registered partici- other provision of law, funds appropriated pants must agree to assume any and all risks for prize awards under this section shall re- and waive claims against the Federal Govern- main available until expended, and may be ment and its related entities, except in the transferred, reprogrammed, or expended for case of willful misconduct, for any injury, other purposes only after the expiration of 10 death, damage, or loss of property, revenue, or fiscal years after the fiscal year for which profits, whether direct, indirect, or consequen- the funds were originally appropriated. No tial, arising from their participation in a com- provision in this section permits obligation petition, whether such injury, death, damage, or payment of funds in violation of the pro- or loss arises through negligence or otherwise. visions known as the Anti-Deficiency Act. For the purposes of this paragraph, the term (3) APPROPRIATION OR COMMITMENT OF FUNDS ‘‘related entity’’ means a contractor or sub- REQUIRED BEFORE ANNOUNCEMENT OF PRIZE OR contractor at any tier, and a supplier, user, INCREASE.— customer, cooperating party, grantee, inves- (A) IN GENERAL.—No prize may be an- tigator, or detailee. nounced under subsection (d) until all the (2) LIABILITY INSURANCE.—Participants must funds needed to pay out the announced obtain liability insurance or demonstrate fi- amount of the prize have been appropriated nancial responsibility, in amounts determined or committed in writing by a private source. by the Administrator, for claims by— (B) INCREASE.—The Administrator may in- (A) a third party for death, bodily injury, crease the amount of a prize after an initial or property damage, or loss resulting from announcement is made under subsection (d) an activity carried out in connection with if— participation in a competition, with the (i) notice of the increase is provided in Federal Government named as an additional the same manner as the initial notice of insured under the registered participant’s the prize; and insurance policy and registered participants (ii) the funds needed to pay out the an- agreeing to indemnify the Federal Govern- nounced amount of the increase have been ment against third party claims for damages appropriated or committed in writing by a arising from or related to competition ac- private source. tivities; and (4) NOTICE TO COMMITTEES FOR PRIZE GREATER (B) the Federal Government for damage or THAN $50,000,000.—No prize competition under loss to Government property resulting from this section may offer a prize in an amount such an activity. greater than $50,000,000 unless 30 days have (g) JUDGES.—For each competition, the Ad- elapsed after written notice has been trans- ministration, either directly or through an mitted to the Committee on Science and Tech- agreement under subsection (h), shall assemble nology of the House of Representatives and a panel of qualified judges to select the winner the Committee on Commerce, Science, and or winners of the prize competition on the basis Transportation of the Senate. described pursuant to subsection (d). Judges for (5) APPROVAL OF ADMINISTRATOR FOR PRIZE each competition shall include individuals from GREATER THAN $1,000,000.—No prize competition outside the Administration, including from the under this section may result in the award of private sector. A judge may not— more than $1,000,000 in cash prizes without the (1) have personal or financial interests in, or approval of the Administrator. be an employee, officer, director, or agent of (j) USE OF ADMINISTRATION NAME OR INSIG- any entity that is a registered participant in a NIA.—A registered participant in a competition competition; or under this section may use the Administration’s (2) have a familial or financial relationship name, initials, or insignia only after prior re- with an individual who is a registered partici- view and written approval by the Administra- pant. tion. Page 25 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20145

(k) COMPLIANCE WITH EXISTING LAW.—The Fed- at fair market value as determined by the Ad- eral Government shall not, by virtue of offering ministrator. or providing a prize under this section, be re- (B) Notwithstanding subparagraph (A), the sponsible for compliance by registered partici- Administrator may accept in-kind consider- pants in a prize competition with Federal law, ation for leases entered into for the purpose of including licensing, export control, and non-pro- developing renewable energy production facili- liferation laws, and related regulations. ties. (2) UTILIZATION.— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3350; (A) IN GENERAL.—The Administrator may Pub. L. 111–358, title I, § 105(b), Jan. 4, 2011, 124 utilize amounts of cash consideration re- Stat. 3993.) ceived under this subsection for a lease en- AMENDMENT NOT SHOWN IN TEXT tered into under this section to cover the full costs to the Administration in connec- This section was derived from section 2459f–1 tion with the lease. These funds shall remain of Title 42, The Public Health and Welfare, available until expended. which was amended by Pub. L. 111–358, title I, (B) CAPITAL REVITALIZATION AND IMPROVE- § 105(b), Jan. 4, 2011, 124 Stat. 3993. For applica- MENTS.—Of any amounts of cash consider- bility of this amendment to this section, see sec- ation received under this subsection that are tion 5(b) of Pub. L. 111–314, set out as a Transi- not utilized in accordance with subpara- tional and Savings Provisions note preceding graph (A)— section 10101 of this title. Former section 2459f–1 (i) 35 percent shall be deposited in a cap- of Title 42 was amended by striking out ‘‘The ital asset account to be established by the Administration may carry out a program to Administrator, shall be available for main- award prizes only in conformity with this sec- tenance, capital revitalization, and im- tion.’’ provements of the real property assets and HISTORICAL AND REVISION NOTES related personal property under the juris- diction of the Administrator, and shall re- Revised main available until expended; and Section Source (U.S. Code) Source (Statutes at Large) (ii) the remaining 65 percent shall be 20144 ...... 42 U.S.C. 2459f–1. Pub. L. 85–568, title III, § 314, available to the respective center or facil- as added Pub. L. 109–155, title I, § 104, Dec. 30, 2005, ity of the Administration engaged in the 119 Stat. 2910; Pub. L. lease of nonexcess real property, and shall 110–422, title XI, § 1105(b), Oct. 15, 2008, 122 Stat. 4809. remain available until expended for main- tenance, capital revitalization, and im- In subsection (i)(2), subparagraph (A) is added, and provements of the real property assets and the words ‘‘provisions known as the Anti-Deficiency related personal property at the respective Act’’ are substituted for ‘‘the Anti-Deficiency Act (31 center or facility subject to the concur- U.S.C. 1341)’’, for clarity. rence of the Administrator. In subsection (i)(4), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on (C) NO UTILIZATION FOR DAILY OPERATING Science’’ on authority of Rule X(1)(o) of the Rules of COSTS.—Amounts utilized under subpara- the House of Representatives, adopted by House Reso- graph (B) may not be utilized for daily oper- lution No. 6 (110th Congress, January 5, 2007). ating costs. CHANGE OF NAME (c) ADDITIONAL TERMS AND CONDITIONS.—The Committee on Science and Technology of House of Administrator may require such terms and con- Representatives changed to Committee on Science, ditions in connection with a lease under this Space, and Technology of House of Representatives by section as the Administrator considers appro- House Resolution No. 5, One Hundred Twelfth Congress, priate to protect the interests of the United Jan. 5, 2011. States. PURPOSE (d) RELATIONSHIP TO OTHER LEASE AUTHOR- ITY.—The authority under this section to lease Pub. L. 110–422, title XI, § 1105(a), Oct. 15, 2008, 122 property of the Administration is in addition to Stat. 4809, provided that: ‘‘Prizes can play a useful role in encouraging innovation in the development of tech- any other authority to lease property of the Ad- nologies and products that can assist NASA [National ministration under law. Aeronautics and Space Administration] in its aero- (e) LEASE RESTRICTIONS.— nautics and space activities, and the use of such prizes (1) NO LEASE BACK OR OTHER CONTRACT.—The by NASA should be encouraged.’’ Administration is not authorized to lease back property under this section during the term of § 20145. Lease of non-excess property the out-lease or enter into other contracts (a) IN GENERAL.—The Administrator may with the lessee respecting the property. enter into a lease under this section with any (2) CERTIFICATION THAT OUT-LEASE WILL NOT person or entity (including another department HAVE NEGATIVE IMPACT ON MISSION.—The Ad- or agency of the Federal Government or an en- ministration is not authorized to enter into an tity of a State or local government) with regard out-lease under this section unless the Admin- to any non-excess real property and related per- istrator certifies that the out-lease will not sonal property under the jurisdiction of the Ad- have a negative impact on the mission of the ministrator. Administration. (b) CASH CONSIDERATION.— (f) REPORTING REQUIREMENTS.—The Adminis- (1) FAIR MARKET VALUE.—(A) A person or en- trator shall submit an annual report by January tity entering into a lease under this section 31st of each year. The report shall include the shall provide cash consideration for the lease following: § 20146 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 26

(1) VALUE OF ARRANGEMENTS AND EXPENDI- the District of Columbia, the Commonwealth of TURES OF REVENUES.—Information that identi- Puerto Rico, the United States Virgin Islands, fies and quantifies the value of the arrange- Guam, American Samoa, the Northern Mariana ments and expenditures of revenues received Islands, and any other commonwealth, territory, under this section. or possession of the United States. (2) AVAILABILITY AND USE OF FUNDS FOR OPER- (b) RELINQUISHING LEGISLATIVE JURISDICTION.— ATING PLAN.—The availability and use of funds Notwithstanding any other provision of law, the received under this section for the Adminis- Administrator may relinquish to a State all or tration’s operating plan. part of the legislative jurisdiction of the United (g) SUNSET.—The authority to enter into States over lands or interests under the control leases under this section shall expire 10 years of the Administrator in that State. after December 26, 2007. The expiration under (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3353.) this subsection of authority to enter into leases under this section shall not affect the validity HISTORICAL AND REVISION NOTES or term of leases or the Administration’s reten- Revised tion of proceeds from leases entered into under Section Source (U.S. Code) Source (Statutes at Large) this section before the expiration of the author- 20146 ...... 42 U.S.C. 2459k. Pub. L. 85–568, title III, § 316, ity. as added Pub. L. 109–155, title VII, § 701, Dec. 30, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3352; 2005, 119 Stat. 2935. Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 626.)

HISTORICAL AND REVISION NOTES § 20147. Recovery and disposition authority EFINITIONS Revised (a) D .—In this section: Section Source (U.S. Code) Source (Statutes at Large) (1) ADMINISTRATION HUMAN SPACE FLIGHT VE- HICLE 20145 ...... 42 U.S.C. 2459j. Pub. L. 85–568, title III, § 315, .—The term ‘‘Administration human as added Pub. L. 108–7, space flight vehicle’’ means a space vehicle, as div. K, title IV, § 418, Feb. 20, 2003, 117 Stat. 525; Pub. defined in section 20138(a) of this title, that— L. 110–161, div. B, title V, (A) is intended to transport one or more § 533(a)–(e), Dec. 26, 2007, 121 Stat. 1931; Pub. L. persons; 110–422, title XI, § 1117(c), (B) is designed to operate in outer space; (d), Oct. 15, 2008, 122 Stat. 4814. and (C) is either— In subsection (f)(2), the word ‘‘Administration’s’’ is (i) owned by the Administration; or substituted for ‘‘Agency’s’’ for clarity. (ii) owned by an Administration contrac- In subsection (g), the words ‘‘10 years after December tor or cooperating party and operated as 26, 2007’’ are substituted for ‘‘on the date that is ten years after the date of the enactment of the Commerce, part of an Administration mission or a Justice, Science, and Related Agencies Appropriations joint mission with the Administration. Act of 2008’’ for consistency and to reflect the date of (2) CREWMEMBER.—The term ‘‘crewmember’’ enactment of the Commerce, Justice, Science, and Re- lated Agencies Appropriations Act, 2008 (Public Law means an astronaut or other person assigned 110–161, div. B, 121 Stat. 1884). to an Administration human space flight vehi- cle. AMENDMENTS 2011—Subsec. (b)(1). Pub. L. 112–55 designated existing (b) CONTROL OF REMAINS.— provisions as subpar. (A) and added subpar. (B). (1) IN GENERAL.—Subject to paragraphs (2) and (3), when there is an accident or mishap DEPOSIT OF PROCEEDS resulting in the death of a crewmember of an Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. Administration human space flight vehicle, 263, provided in part: ‘‘That hereafter, notwithstanding the Administrator may take control over the section 315 of the National Aeronautics and Space Act remains of the crewmember and order autop- of 1958 (see 51 U.S.C. 20145), all proceeds from leases en- sies and other scientific or medical tests. tered into under that section shall be deposited into this account [funds appropriated under the headings (2) TREATMENT.—Each crewmember shall ‘NATIONAL AERONAUTICS AND SPACE ADMINISTRATION’ provide the Administrator with the crew- and ‘CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE member’s preferences regarding the treatment AND RESTORATION’ of title III of div. B of Pub. L. 113–6]: accorded to the crewmember’s remains and Provided further, That such proceeds shall be available the Administrator shall, to the extent pos- for a period of 5 years to the extent and in amounts as sible, respect those stated preferences. provided in annual appropriations Acts’’. Similar provisions were contained in the following (3) CONSTRUCTION.—This section shall not be appropriation acts: construed to permit the Administrator to Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. interfere with any Federal investigation of a 2203. mishap or accident. Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3353.) Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. 625. HISTORICAL AND REVISION NOTES Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. Revised 3144. Section Source (U.S. Code) Source (Statutes at Large) § 20146. Retrocession of jurisdiction 20147 ...... 42 U.S.C. 2459l. Pub. L. 85–568, title III, § 317, as added Pub. L. 109–155, (a) DEFINITION OF STATE.—In this section, the title VII, § 705, Dec. 30, term ‘‘State’’ means any of the several States, 2005, 119 Stat. 2936. Page 27 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20301

SUBCHAPTER IV—UPPER ATMOSPHERE (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.) RESEARCH HISTORICAL AND REVISION NOTES § 20161. Congressional declaration of purpose Revised and policy Section Source (U.S. Code) Source (Statutes at Large)

(a) PURPOSE.—The purpose of this subchapter 20163 ...... 42 U.S.C. 2483. Pub. L. 85–568, title IV, § 403, is to authorize and direct the Administration to as added Pub. L. 94–39, § 8, June 19, 1975, 89 Stat. 222. develop and carry out a comprehensive program of research, technology, and monitoring of the § 20164. International cooperation phenomena of the upper atmosphere so as to provide for an understanding of and to maintain In carrying out the provisions of this sub- the chemical and physical integrity of the chapter, the Administration, subject to the di- Earth’s upper atmosphere. rection of the President and after consultation (b) POLICY.—Congress declares that it is the with the Secretary of State, shall make every policy of the United States to undertake an im- effort to enlist the support and cooperation of mediate and appropriate research, technology, appropriate scientists and engineers of other and monitoring program that will provide for countries and international organizations. understanding the physics and chemistry of the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3355.) Earth’s upper atmosphere. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.) HISTORICAL AND REVISION NOTES

HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large)

Revised Source (U.S. Code) Source (Statutes at Large) 20164 ...... 42 U.S.C. 2484. Pub. L. 85–568, title IV, § 404, Section as added Pub. L. 94–39, § 8, June 19, 1975, 89 Stat. 223. 20161 ...... 42 U.S.C. 2481. Pub. L. 85–568, title IV, § 401, as added Pub. L. 94–39, § 8, June 19, 1975, 89 Stat. 222. CHAPTER 203—RESPONSIBILITIES AND VISION § 20162. Definition of upper atmosphere Sec. In this subchapter, the term ‘‘upper atmos- 20301. General responsibilities. phere’’ means that portion of the Earth’s sen- 20302. Vision for space exploration. sible atmosphere above the troposphere. 20303. Contribution to innovation. 20304. Basic research enhancement. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.) 20305. National Academies decadal surveys. HISTORICAL AND REVISION NOTES § 20301. General responsibilities Revised (a) PROGRAMS.—The Administrator shall en- Section Source (U.S. Code) Source (Statutes at Large) sure that the Administration carries out a bal- 20162 ...... 42 U.S.C. 2482. Pub. L. 85–568, title IV, § 402, anced set of programs that shall include, at a as added Pub. L. 94–39, § 8, June 19, 1975, 89 Stat. 222. minimum, programs in— (1) human space flight, in accordance with § 20163. Program authorized section 20302 of this title; (2) aeronautics research and development; (a) IN GENERAL.—In order to carry out the pur- and poses of this subchapter, the Administration, in (3) scientific research, which shall include, cooperation with other Federal agencies, shall at a minimum— initiate and carry out a program of research, (A) robotic missions to study the Moon technology, monitoring, and other appropriate and other planets and their moons, and to activities directed to understand the physics deepen understanding of astronomy, astro- and chemistry of the upper atmosphere. physics, and other areas of science that can (b) ACTIVITIES.—In carrying out the provisions be productively studied from space; of this subchapter, the Administration shall— (B) Earth science research and research on (1) arrange for participation by the scientific the Sun-Earth connection through the devel- and engineering community, of both the Na- opment and operation of research satellites tion’s industrial organizations and institu- and other means; tions of higher education, in planning and car- (C) support of university research in space rying out appropriate research, in developing science, Earth science, and microgravity necessary technology, and in making nec- science; and essary observations and measurements; (D) research on microgravity, including re- (2) provide, by way of grant, contract, schol- search that is not directly related to human arships, or other arrangements, to the maxi- exploration. mum extent practicable and consistent with other laws, for the widest practicable and ap- (b) CONSULTATION AND COORDINATION.—In car- propriate participation of the scientific and rying out the programs of the Administration, engineering community in the program au- the Administrator shall— thorized by this subchapter; and (1) consult and coordinate to the extent ap- (3) make all results of the program author- propriate with other relevant Federal agen- ized by this subchapter available to the appro- cies, including through the National Science priate regulatory agencies and provide for the and Technology Council; widest practicable dissemination of such re- (2) work closely with the private sector, in- sults. cluding by— § 20302 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 28

(A) encouraging the work of entrepreneurs matics education, consistent with the Adminis- who are seeking to develop new means to tration’s mission, including authorized activi- launch satellites, crew, or cargo; ties. (B) contracting with the private sector for (b) HISTORIC FOUNDATION.—In order to carry crew and cargo services, including to the out the participation described in subsection (a), International Space Station, to the extent the Administrator shall build on the historic practicable; role of the Administration in stimulating excel- (C) using commercially available products lence in the advancement of physical science (including software) and services to the ex- and engineering disciplines and in providing op- tent practicable to support all Administra- portunities and incentives for the pursuit of aca- tion activities; and demic studies in science, technology, engineer- (D) encouraging commercial use and devel- ing, and mathematics. opment of space to the greatest extent prac- (c) BALANCED SCIENCE PROGRAM AND ROBUST ticable; and AUTHORIZATION LEVELS.—The balanced science program authorized by section 101(d) of the Na- (3) involve other nations to the extent ap- tional Aeronautics and Space Administration propriate. Authorization Act of 2005 (42 U.S.C. 16611(d)) 1 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3355.) shall be an element of the contribution by the Administration to the interagency programs. HISTORICAL AND REVISION NOTES (d) ANNUAL REPORT.— Revised (1) REQUIREMENT.—The Administrator shall Section Source (U.S. Code) Source (Statutes at Large) submit to Congress and the President an an- nual report describing the activities conducted 20301 ...... 42 U.S.C. 16611(a). Pub. L. 109–155, title I, § 101(a), Dec. 30, 2005, 119 pursuant to this section, including a descrip- Stat. 2897. tion of the goals and the objective metrics upon which funding decisions were made. § 20302. Vision for space exploration (2) CONTENT.—Each report submitted pursu- (a) IN GENERAL.—The Administrator shall es- ant to paragraph (1) shall include, with regard tablish a program to develop a sustained human to science, technology, engineering, and math- presence on the Moon, including a robust pre- ematics education programs, at a minimum, cursor program, to promote exploration, the following: (A) A description of each program. science, commerce, and United States pre- (B) The amount spent on each program. eminence in space, and as a stepping-stone to fu- (C) The number of students or teachers ture exploration of Mars and other destinations. served by each program. The Administrator is further authorized to de- velop and conduct appropriate international col- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3356.) laborations in pursuit of these goals. HISTORICAL AND REVISION NOTES (b) MILESTONES.—The Administrator shall manage human space flight programs to strive Revised Source (U.S. Code) Source (Statutes at Large) to achieve the following milestones (in conform- Section ity with section 70502 of this title): 20303(a) ...... 42 U.S.C. 16611a(a). Pub. L. 110–69, title II, § 2001(a), (b), (c), (e), Aug. (1) Returning Americans to the Moon no 9, 2007, 121 Stat. 582. later than 2020. 20303(b) ...... 42 U.S.C. 16611a(b). 20303(c) ...... 42 U.S.C. 16611a(c). (2) Launching the Crew Exploration Vehicle 20303(d) ...... 42 U.S.C. 16611a(e). as close to 2010 as possible. (3) Increasing knowledge of the impacts of REFERENCES IN TEXT long duration stays in space on the human Section 101(d) of the National Aeronautics and Space body using the most appropriate facilities Administration Authorization Act of 2005 (42 U.S.C. available, including the International Space 16611(d)), referred to in subsec. (c), is section 101(d) of Station. Pub. L. 109–155, title I, Dec. 30, 2005, 119 Stat. 2897, (4) Enabling humans to land on and return which was omitted from the Code following the enact- from Mars and other destinations on a time- ment of this title by Pub. L. 111–314. table that is technically and fiscally possible. INTERNATIONAL SPACE STATION’S CONTRIBUTION TO (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3356.) NATIONAL COMPETITIVENESS ENHANCEMENT Pub. L. 111–358, title II, § 204, Jan. 4, 2011, 124 Stat. HISTORICAL AND REVISION NOTES 3994, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of the Con- Revised gress that the International Space Station represents a Section Source (U.S. Code) Source (Statutes at Large) valuable and unique national asset which can be uti- 20302 ...... 42 U.S.C. 16611(b). Pub. L. 109–155, title I, lized to increase educational opportunities and sci- § 101(b), Dec. 30, 2005, 119 entific and technological innovation which will en- Stat. 2898. hance the Nation’s economic security and competitive- ness in the global technology fields of endeavor. If the § 20303. Contribution to innovation period for active utilization of the International Space Station is extended to at least the year 2020, the poten- (a) PARTICIPATION IN INTERAGENCY ACTIVI- tial for such opportunities and innovation would be in- TIES.—The Administration shall be a full par- creased. Efforts should be made to fully realize that po- ticipant in any interagency effort to promote in- tential. novation and economic competitiveness through ‘‘(b) EVALUATION AND ASSESSMENT OF NASA’S INTER- near-term and long-term basic scientific re- AGENCY CONTRIBUTION.—Pursuant to the authority pro- search and development and the promotion of science, technology, engineering, and mathe- 1 See References in Text note below. Page 29 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30102 vided in title II of the America COMPETES Act (Public (b) INDEPENDENT COST ESTIMATES.—The agree- Law 110–69 [see Tables for classification]), the Adminis- ments described in subsection (a) shall include trator [of NASA] shall evaluate and, where possible, ex- independent estimates of the life cycle costs and pand efforts to maximize NASA’s [National Aero- nautics and Space Administration’s] contribution to technical readiness of missions assessed in the interagency efforts to enhance science, technology, en- decadal surveys whenever possible. gineering, and mathematics education capabilities, and (c) REEXAMINATION.—The Administrator shall to enhance the Nation’s technological excellence and request that each National Academies decadal global competitiveness. The Administrator shall iden- survey committee identify any conditions or tify these enhancements in the annual reports required events, such as significant cost growth or sci- by section 2001(e) of that Act ([former] 42 U.S.C. entific or technological advances, that would 16611a(e)) [now 51 U.S.C. 20303(d)]. ‘‘(c) REPORT TO THE CONGRESS.—Within 120 days after warrant the Administration asking the National the date of enactment of this Act [Jan. 4, 2011], the Ad- Academies to reexamine the priorities that the ministrator shall provide to the House of Representa- decadal survey had established. tives Committee on Science and Technology [now Com- mittee on Science, Space, and Technology] and the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.) Senate Committee on Commerce, Science, and Trans- HISTORICAL AND REVISION NOTES portation a report on the assessment made pursuant to subsection (a). The report shall include— Revised ‘‘(1) a description of current and potential activities Section Source (U.S. Code) Source (Statutes at Large) associated with utilization of the International Space Station which are supportive of the goals of edu- 20305 ...... 42 U.S.C. 17823. Pub. L. 110–422, title XI, § 1104, Oct. 15, 2008, 122 cational excellence and innovation and competitive Stat. 4809. enhancement established or reaffirmed by this Act [see Short Title of 2011 Amendment note set out IMPLEMENTATION OF DECADAL SURVEY’S RECOMMENDED under section 1861 of Title 42, The Public Health and DECISION RULES Welfare], including a summary of the goals sup- ported, the number of individuals or organizations Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. participating in or benefiting from such activities, 622, provided in part: ‘‘That NASA shall implement the and a summary of how such activities might be ex- recommendations of the most recent National Research panded or improved upon; Council planetary decadal survey and shall follow the ‘‘(2) a description of government and private part- decadal survey’s recommended decision rules regarding nerships which are, or may be, established to effec- program implementation, including a strict adherence tively utilize the capabilities represented by the to the recommendation that NASA include in a bal- International Space Station to enhance United anced program a flagship class mission, which may be States competitiveness, innovation and science, tech- executed in cooperation with one or more international nology, engineering, and mathematics education; and partners, if such mission can be appropriately de- ‘‘(3) a summary of proposed actions or activities to scoped and all NASA costs for such mission can be ac- be undertaken to ensure the maximum utilization of commodated within the overall funding levels appro- the International Space Station to contribute to ful- priated by Congress’’. fillment of the goals and objectives of this Act, and the identification of any additional authority, assets, or funding that would be required to support such ac- Subtitle III—Administrative tivities.’’ Provisions § 20304. Basic research enhancement CHAPTER 301—APPROPRIATIONS, BUDGETS, (a) DEFINITION OF BASIC RESEARCH.—In this AND ACCOUNTING section, the term ‘‘basic research’’ has the Sec. meaning given the term in Office of Manage- 30101. Prior authorization of appropriations re- ment and Budget Circular No. A–11. quired. (b) COORDINATION.—The Administrator, the Di- 30102. Working capital fund. rector of the National Science Foundation, the 30103. Budgets. Secretary of Energy, the Secretary of Defense, 30104. Baselines and cost controls. and the Secretary of Commerce shall, to the ex- tent practicable, coordinate basic research ac- § 30101. Prior authorization of appropriations re- tivities related to physical sciences, technology, quired engineering, and mathematics. Notwithstanding the provisions of any other (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.) law, no appropriation may be made to the Ad- ministration unless previously authorized by HISTORICAL AND REVISION NOTES legislation enacted by Congress. Revised (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.) Section Source (U.S. Code) Source (Statutes at Large)

20304 ...... 42 U.S.C. 16658. Pub. L. 110–69, title II, § 2003, HISTORICAL AND REVISION NOTES Aug. 9, 2007, 121 Stat. 583. Revised Section Source (U.S. Code) Source (Statutes at Large) § 20305. National Academies decadal surveys 30101 ...... 42 U.S.C. 2460. Pub. L. 86–45, § 4, June 15, (a) IN GENERAL.—The Administrator shall 1959, 73 Stat. 75. enter into agreements on a periodic basis with the National Academies for independent assess- The word ‘‘hereafter’’ is omitted as unnecessary. ments, also known as decadal surveys, to take § 30102. Working capital fund stock of the status and opportunities for Earth and space science discipline fields and Aero- (a) ESTABLISHMENT.—There is hereby estab- nautics research and to recommend priorities lished in the United States Treasury an Admin- for research and programmatic areas over the istration working capital fund. next decade. (b) AVAILABILITY OF AMOUNTS.— § 30103 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 30

(1) IN GENERAL.—Amounts in the fund are (E) the budget for Earth science; available for financing activities, services, (F) the budget for microgravity science; equipment, information, and facilities as au- (G) the budget for education; thorized by law to be provided— (H) the budget for safety oversight; and (A) within the Administration; (I) the budget for public relations; (B) to other agencies or instrumentalities (2) the budget for technology transfer pro- of the United States; grams; (C) to any State, territory, or possession (3) the budget for the Integrated Enterprise or political subdivision thereof; Management Program, by individual element; (D) to other public or private agencies; or (4) the budget for the Independent Technical (E) to any person, firm, association, cor- Authority, both total and by center; poration, or educational institution on a (5) the total budget for the prize program reimbursable basis. under section 20144 of this title, and the ad- ministrative budget for that program; and (2) CAPITAL REPAIRS.—The fund shall also be (6) the comparable figures for at least the 2 available for the purpose of funding capital re- previous fiscal years for each item in the pro- pairs, renovations, rehabilitation, sustain- posed budget. ment, demolition, or replacement of Adminis- tration real property, on a reimbursable basis (b) ADDITIONAL BUDGET INFORMATION UPON RE- within the Administration. QUEST BY COMMITTEES.—The Administration (3) NO FISCAL YEAR LIMITATION.—Amounts in shall make available, upon request from the the fund are available without regard to fiscal Committee on Science and Technology of the year limitation. House of Representatives or the Committee on Commerce, Science, and Transportation of the (c) CONTENTS.—The capital of the fund consists Senate— of— (1) information on corporate and center gen- (1) amounts appropriated to the fund; eral and administrative costs and service pool (2) the reasonable value of stocks of supplies, costs, including— equipment, and other assets and inventories (A) the total amount of funds being allo- on order that the Administrator transfers to cated for those purposes for any fiscal year the fund, less the related liabilities and unpaid for which the President has submitted an an- obligations; nual budget request to Congress; (3) payments received for loss or damage to (B) the amount of funds being allocated for property of the fund; and those purposes for each center, for head- (4) refunds or rebates received on an on- quarters, and for each directorate; and going basis from a credit card services pro- (C) the major activities included in each vider under the National Aeronautics and cost category; and Space Administration’s credit card programs. (2) the figures on the amount of unobligated (d) REIMBURSEMENT.—The fund shall be reim- funds and unexpended funds, by appropriations bursed, in advance, for supplies and services at account— rates that will approximate the expenses of op- (A) that remained at the end of the fiscal eration, such as the accrual of annual leave, de- year prior to the fiscal year in which the preciation of plant, property, and equipment, budget is being presented that were carried and overhead. over into the fiscal year in which the budget is being presented; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357; (B) that are estimated will remain at the Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 end of the fiscal year in which the budget is Stat. 264.) being presented that are proposed to be car- HISTORICAL AND REVISION NOTES ried over into the fiscal year for which the budget is being presented; and Revised Source (U.S. Code) Source (Statutes at Large) (C) that are estimated will remain at the Section end of the fiscal year for which the budget is 30102 ...... 42 U.S.C. 2459i. Pub. L. 108–7, div. K, title being presented. III, (last par. under head- ing ‘‘Administrative Pro- (c) INFORMATION IN ANNUAL BUDGET JUSTIFICA- visions’’, at 117 Stat. 520), Feb. 20, 2003, 117 Stat. 520. TION.—The Administration shall provide, at a minimum, the following information in its an- AMENDMENTS nual budget justification: (1) The actual, current, proposed funding 2013—Subsec. (c)(4). Pub. L. 113–6 added par. (4). level, and estimated budgets for the next 5 fis- § 30103. Budgets cal years by directorate, theme, program, project and activity within each appropria- (a) CATEGORIES.—The proposed budget for the tions account. Administration submitted by the President for (2) The proposed programmatic and non-pro- each fiscal year shall be accompanied by docu- grammatic construction of facilities. ments showing— (3) The budget for headquarters including— (1) by program— (A) the budget by office, and any division (A) the budget for space operations, in- thereof, for the actual, current, proposed cluding the International Space Station and funding level, and estimated budgets for the the space shuttle; next 5 fiscal years; (B) the budget for exploration systems; (B) the travel budget for each office, and (C) the budget for aeronautics; any division thereof, for the actual, current, (D) the budget for space science; and proposed funding level; and Page 31 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30104

(C) the civil service full time equivalent tives, adopted by House Resolution No. 6 (110th Con- assignments per headquarters office, and gress, January 5, 2007). any division thereof, including the number In subsection (c), in the matter before paragraph (1), of Senior Executive Service, noncareer, the words ‘‘For fiscal year 2009 and hereafter’’ are omit- ted as unnecessary. detailee, and contract personnel per office. (4) Within 14 days of the submission of the CHANGE OF NAME budget to Congress an accompanying volume Committee on Science and Technology of House of shall be provided to the Committees on Appro- Representatives changed to Committee on Science, priations containing the following information Space, and Technology of House of Representatives by for each center, facility managed by any cen- House Resolution No. 5, One Hundred Twelfth Congress, ter, and federally funded research and develop- Jan. 5, 2011. ment center operated on behalf of the Admin- ESTIMATES OF RECEIPTS AND COLLECTIONS AND PRO- istration: POSED USE OF FUNDS FROM LEASES OF NON-EXCESS (A) The actual, current, proposed funding PROPERTY level, and estimated budgets for the next 5 Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. fiscal years by directorate, theme, program, 2203, provided in part: ‘‘That each annual budget re- project, and activity. quest shall include an annual estimate of gross receipts (B) The proposed programmatic and non- and collections and proposed use of all funds collected programmatic construction of facilities. pursuant to section 20145 of title 51, United States (C) The number of civil service full time Code.’’ equivalent positions per center for each Similar provisions were contained in the following identified fiscal year. prior appropriation acts: (D) The number of civil service full time Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72. equivalent positions considered to be uncov- Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. ered capacity at each location for each iden- 263. tified fiscal year. Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. (5) The proposed budget as designated by ob- 625. ject class for each directorate, theme, and pro- Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144. gram. (6) Sufficient narrative shall be provided to TRANSMISSION OF BUDGET ESTIMATES explain the request for each program, project, Pub. L. 102–588, title II, § 210, Nov. 4, 1992, 106 Stat. and activity, and an explanation for any devi- 5115, provided that: ‘‘The Administrator [of the Na- ation to previously adopted baselines for all tional Aeronautics and Space Administration] shall, at justification materials provided to the Com- the time of submission of the President’s annual budg- mittees. et, transmit to the Congress— ‘‘(1) a five-year budget detailing the estimated de- (d) ESTIMATE OF GROSS RECEIPTS AND PRO- velopment costs for each individual program under POSED USE OF FUNDS RELATED TO LEASE OF the jurisdiction of the National Aeronautics and PROPERTY.—Each annual budget request shall Space Administration for which development costs include an annual estimate of gross receipts and are expected to exceed $200,000,000; and collections and proposed use of all funds col- ‘‘(2) an estimate of the life-cycle costs associated lected pursuant to section 20145 of this title. with each such program.’’ Similar provisions were contained in the following (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3358.) prior appropriation authorization act: Pub. L. 102–195, § 11, Dec. 9, 1991, 105 Stat. 1612. HISTORICAL AND REVISION NOTES

Revised § 30104. Baselines and cost controls Section Source (U.S. Code) Source (Statutes at Large) (a) DEFINITIONS.—In this section: 30103(a) ...... 42 U.S.C. 16611(h)(1). Pub. L. 109–155, title I, EVELOPMENT § 101(h)(1), (i), Dec. 30, 2005, (1) D .—The term ‘‘development’’ 119 Stat. 2903. means the phase of a program following the 30103(b) ...... 42 U.S.C. 16611(i). 30103(c) ...... 42 U.S.C. 16611b. Pub. L. 110–161, div. B, title formulation phase and beginning with the ap- III, (7th par. under head- proval to proceed to implementation, as de- ing ‘‘Administrative Pro- visions’’, at 121 Stat. 1919), fined in the Administration’s Procedural Re- Dec. 26, 2007, 121 Stat. quirements 7120.5c, dated March 22, 2005. 1919. EVELOPMENT COST 30103(d) ...... 42 U.S.C. 16611b Pub. L. 111–8, div. B, title (2) D .—The term ‘‘develop- note. III, (3d proviso in par. ment cost’’ means the total of all costs, in- under heading ‘‘Cross Agency Support’’, at 123 cluding construction of facilities and civil Stat. 589), Mar. 11, 2009, servant costs, from the period beginning with 123 Stat. 589. the approval to proceed to implementation In subsection (a)(5), the source law’s reference to through the achievement of operational readi- ‘‘section 104’’ of the National Aeronautics and Space ness, without regard to funding source or man- Administration Authorization Act of 2005 (Public Law agement control, for the life of the program. 109–155, 119 Stat. 2910) is translated as ‘‘section 20144’’ of (3) LIFE-CYCLE COST.—The term ‘‘life-cycle title 51. Section 104 of the National Aeronautics and cost’’ means the total of the direct, indirect, Space Administration Authorization Act of 2005 amend- recurring, and nonrecurring costs, including ed the National Aeronautics and Space Act of 1958 the construction of facilities and civil servant (Public Law 85–568, 72 Stat. 426) by inserting a new sec- costs, and other related expenses incurred or tion 314, which is restated as section 20144 of title 51. In subsection (b), in the matter before paragraph (1), estimated to be incurred in the design, devel- the words ‘‘Committee on Science and Technology’’ are opment, verification, production, operation, substituted for ‘‘Committee on Science’’ on authority maintenance, support, and retirement of a of Rule X(1)(o) of the Rules of the House of Representa- program over its planned lifespan, without re- § 30104 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 32

gard to funding source or management con- submitted, each subsequent Major Program trol. Annual Report shall describe any changes to (4) MAJOR PROGRAM.—The term ‘‘major pro- the information that had been provided in the gram’’ means an activity approved to proceed Baseline Report, and the reasons for those to implementation that has an estimated life- changes. cycle cost of more than $250,000,000. (d) NOTIFICATION.— (b) CONDITIONS FOR DEVELOPMENT.— (1) REQUIREMENT.—The individual identified (1) IN GENERAL.—The Administration shall under subsection (c)(2)(E) shall immediately not enter into a contract for the development notify the Administrator any time that indi- of a major program unless the Administrator vidual has reasonable cause to believe that, determines that— for the major program for which he or she is (A) the technical, cost, and schedule risks responsible— of the program are clearly identified and the (A) the development cost of the program is program has developed a plan to manage likely to exceed the estimate provided in the those risks; (B) the technologies required for the pro- Baseline Report of the program by 15 percent gram have been demonstrated in a relevant or more; or laboratory or test environment; and (B) a milestone of the program is likely to (C) the program complies with all relevant be delayed by 6 months or more from the policies, regulations, and directives of the date provided for it in the Baseline Report of Administration. the program. (2) REPORT.—The Administrator shall trans- (2) REASONS.—Not later than 30 days after mit a report describing the basis for the deter- the notification required under paragraph (1), mination required under paragraph (1) to the the individual identified under subsection Committee on Science and Technology of the (c)(2)(E) shall transmit to the Administrator a House of Representatives and the Committee written notification explaining the reasons for on Commerce, Science, and Transportation of the change in the cost or milestone of the pro- the Senate at least 30 days before entering gram for which notification was provided into a contract for development under a major under paragraph (1). program. (3) NOTIFICATION OF CONGRESS.—Not later (3) NONDELEGATION.—The Administrator may than 15 days after the Administrator receives not delegate the determination requirement a written notification under paragraph (2), the under this subsection, except in cases in which Administrator shall transmit the notification the Administrator has a conflict of interest. to the Committee on Science and Technology (c) MAJOR PROGRAM ANNUAL REPORTS.— of the House of Representatives and the Com- (1) REQUIREMENT.—Annually, at the same mittee on Commerce, Science, and Transpor- time as the President’s annual budget submis- tation of the Senate. sion to Congress, the Administrator shall (e) FIFTEEN PERCENT THRESHOLD.— transmit to the Committee on Science and (1) DETERMINATION, REPORT, AND INITIATION Technology of the House of Representatives OF ANALYSIS.—Not later than 30 days after re- and the Committee on Commerce, Science, ceiving a written notification under sub- and Transportation of the Senate a report that section (d)(2), the Administrator shall deter- includes the information required by this sec- mine whether the development cost of the pro- tion for each major program for which the Ad- gram is likely to exceed the estimate provided ministration proposes to expend funds in the in the Baseline Report of the program by 15 subsequent fiscal year. Reports under this percent or more, or whether a milestone is paragraph shall be known as Major Program likely to be delayed by 6 months or more. If Annual Reports. the determination is affirmative, the Adminis- (2) BASELINE REPORT.—The first Major Pro- trator shall— gram Annual Report for each major program (A) transmit to the Committee on Science shall include a Baseline Report that shall, at and Technology of the House of Representa- a minimum, include— tives and the Committee on Commerce, (A) the purposes of the program and key Science, and Transportation of the Senate, technical characteristics necessary to fulfill not later than 15 days after making the de- those purposes; (B) an estimate of the life-cycle cost for termination, a report that includes— the program, with a detailed breakout of the (i) a description of the increase in cost or development cost, program reserves, and an delay in schedule and a detailed expla- estimate of the annual costs until develop- nation for the increase or delay; ment is completed; (ii) a description of actions taken or pro- (C) the schedule for development, includ- posed to be taken in response to the cost ing key program milestones; increase or delay; and (D) the plan for mitigating technical, cost, (iii) a description of any impacts the and schedule risks identified in accordance cost increase or schedule delay, or the ac- with subsection (b)(1)(A); and tions described under clause (ii), will have (E) the name of the person responsible for on any other program within the Adminis- making notifications under subsection (d), tration; and who shall be an individual whose primary re- (B) if the Administrator intends to con- sponsibility is overseeing the program. tinue with the program, promptly initiate (3) INFORMATION UPDATES.—For major pro- an analysis of the program, which shall in- grams for which a Baseline Report has been clude, at a minimum— Page 33 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30303

(i) the projected cost and schedule for Sec. completing the program if current require- 30305. Outreach program. ments of the program are not modified; 30306. Small business contracting. 30307. Requirement for independent cost analysis. (ii) the projected cost and the schedule 30308. Cost effectiveness calculations. for completing the program after institut- 30309. Use of abandoned and underutilized buildings, ing the actions described under subpara- grounds, and facilities. graph (A)(ii); and 30310. Exception to alternative fuel procurement re- (iii) a description of, and the projected quirement. cost and schedule for, a broad range of al- § 30301. Guaranteed customer base ternatives to the program. (2) COMPLETION OF ANALYSIS AND TRANSMIT- No amount appropriated to the Administra- TAL TO COMMITTEES.—The Administration shall tion may be used to fund grants, contracts, or complete an analysis initiated under para- other agreements with an expected duration of graph (1)(B) not later than 6 months after the more than one year, when a primary effect of Administrator makes a determination under the grant, contract, or agreement is to provide this subsection. The Administrator shall a guaranteed customer base for or establish an transmit the analysis to the Committee on anchor tenancy in new commercial space hard- Science and Technology of the House of Rep- ware or services unless an appropriations Act resentatives and Committee on Commerce, specifies the new commercial space hardware or Science, and Transportation of the Senate not services to be developed or used, or the grant, later than 30 days after its completion. contract, or agreement is otherwise identified in such Act. (f) THIRTY PERCENT THRESHOLD.—If the Ad- ministrator determines under subsection (e) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) that the development cost of a program will ex- HISTORICAL AND REVISION NOTES ceed the estimate provided in the Baseline Re- port of the program by more than 30 percent, Revised Section Source (U.S. Code) Source (Statutes at Large) then, beginning 18 months after the date the Ad- ministrator transmits a report under subsection 30301 ...... 42 U.S.C. 2459d. Pub. L. 102–139, title III, (1st par. under heading ‘‘Ad- (e)(1)(A), the Administrator shall not expend ministrative Provisions’’, any additional funds on the program, other than at 105 Stat. 771), Oct. 28, termination costs, unless Congress has subse- 1991, 105 Stat. 771. quently authorized continuation of the program The words ‘‘in this or any other Act with respect to by law. An appropriation for the specific pro- any fiscal year’’ are omitted as unnecessary. gram enacted subsequent to a report being transmitted shall be considered an authoriza- § 30302. Quality assurance personnel tion for purposes of this subsection. If the pro- (a) EXCLUSION OF ADMINISTRATION PERSON- gram is continued, the Administrator shall sub- NEL.—A person providing articles to the Admin- mit a new Baseline Report for the program no istration under a contract entered into after De- later than 90 days after the date of enactment of cember 9, 1991, may not exclude Administration the Act under which Congress has authorized quality assurance personnel from work sites ex- continuation of the program. cept as provided in a contract provision that has (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3360.) been submitted to Congress as provided in sub- section (b). HISTORICAL AND REVISION NOTES (b) CONTRACT PROVISIONS.—The Administra- tion shall not enter into any contract which per- Revised Source (U.S. Code) Source (Statutes at Large) Section mits the exclusion of Administration quality as- 30104 ...... 42 U.S.C. 16613. Pub. L. 109–155, title I, § 103, surance personnel from work sites unless the Dec. 30, 2005, 119 Stat. Administrator has submitted a copy of the pro- 2907. vision permitting such exclusion to Congress at In subsections (b)(2), (c)(1), (d)(3), and (e)(1)(A), (2), least 60 days before entering into the contract. the words ‘‘Committee on Science and Technology’’ are (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representa- HISTORICAL AND REVISION NOTES tives, adopted by House Resolution No. 6 (110th Con- gress, January 5, 2007). Revised Section Source (U.S. Code) Source (Statutes at Large) CHANGE OF NAME 30302 ...... 42 U.S.C. 2459e. Pub. L. 102–195, § 19, Dec. 9, Committee on Science and Technology of House of 1991, 105 Stat. 1615. Representatives changed to Committee on Science, Space, and Technology of House of Representatives by In subsection (a), the date ‘‘December 9, 1991’’ is sub- House Resolution No. 5, One Hundred Twelfth Congress, stituted for ‘‘the date of enactment of this Act’’ to re- Jan. 5, 2011. flect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal CHAPTER 303—CONTRACTING AND Year 1992 (Public Law 102–195, 105 Stat. 1605). PROCUREMENT In subsection (a), the words ‘‘that has been submitted to Congress as provided’’ are substituted for ‘‘de- Sec. scribed’’ for clarity. 30301. Guaranteed customer base. 30302. Quality assurance personnel. § 30303. Tracking and data relay satellite services 30303. Tracking and data relay satellite services. 30304. Award of contracts to small businesses and (a) CONTRACTS.—The Administration is au- disadvantaged individuals. thorized, when so provided in an appropriation § 30304 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 34

Act, to enter into and to maintain a contract for advantaged individuals (within the meaning of tracking and data relay satellite services. Such paragraphs (5) and (6) of section 8(a) of the services shall be furnished to the Administra- Small Business Act (15 U.S.C. 637(a))), including tion in accordance with applicable authorization Historically Black Colleges and Universities and appropriations Acts. The Government shall that are part B institutions (as defined in sec- incur no costs under such contract prior to the tion 322(2) of the Higher Education Act of 1965 furnishing of such services except that the con- (20 U.S.C. 1061(2))), Hispanic-serving institutions tract may provide for the payment for contin- (as defined in section 502(a)(5) of that Act (20 gent liability of the Government which may ac- U.S.C. 1101a(a)(5))), Tribal Colleges or Univer- crue in the event the Government should decide sities (as defined in section 316(b)(3) of that Act for its convenience to terminate the contract (20 U.S.C. 1059c(b)(3))), Alaska Native-serving in- before the end of the period of the contract. Fa- stitutions (as defined in section 317(b)(2) of that cilities which may be required in the perform- Act (20 U.S.C. 1059d(b)(2))), Native Hawaiian- ance of the contract may be constructed on Gov- serving institutions (as defined in section ernment-owned lands if there is included in the 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and contract a provision under which the Govern- minority educational institutions (as defined by ment may acquire title to the facilities, under the Secretary of Education pursuant to the Gen- terms and conditions agreed upon in the con- eral Education Provisions Act (20 U.S.C. 1221 et tract, upon termination of the contract. seq.)). (b) REPORTS TO CONGRESS.—The Administrator (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3364.) shall in January of each year report to the Com- mittee on Science and Technology and the Com- HISTORICAL AND REVISION NOTES mittee on Appropriations of the House of Rep- Revised resentatives and the Committee on Commerce, Section Source (U.S. Code) Source (Statutes at Large) Science, and Transportation and the Committee 30304 ...... 42 U.S.C. 2473b (1st Pub. L. 101–144, title III, (1st on Appropriations of the Senate the projected par.). par. under heading ‘‘Small aggregate contingent liability of the Govern- and Disadvantaged Busi- ness’’, at 103 Stat. 863), ment under termination provisions of any con- Nov. 9, 1989, 103 Stat. 863; tract authorized in this section through the next Pub. L. 109–155, title VI, § 611, Dec. 30, 2005, 119 fiscal year. The authority of the Administration Stat. 2932. to enter into and to maintain the contract au- thorized hereunder shall remain in effect unless The word ‘‘Alaska’’ is substituted for ‘‘Alaskan’’ in repealed by legislation enacted by Congress. the phrase ‘‘Alaska Native-serving institutions (as de- fined in section 317(b)(2) of that Act (20 U.S.C. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) 1059d(b)(2)))’’ for consistency with the term defined in section 317(b)(2) of the Higher Education Act of 1965 (20 HISTORICAL AND REVISION NOTES U.S.C. 1059d(b)(2)). Revised Section Source (U.S. Code) Source (Statutes at Large) REFERENCES IN TEXT The General Education Provisions Act, referred to in 30303(a) ...... 42 U.S.C. 2463 (1st Pub. L. 95–76, § 6, July 30, par.). 1977, 91 Stat. 315; Pub. L. text, is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 103–437, § 15(c)(3), Nov. 2, 814, which is classified generally to chapter 31 (§ 1221 et 1994, 108 Stat. 4592. seq.) of Title 20, Education. For complete classification 30303(b) ...... 42 U.S.C. 2463 (last par.). of this Act to the Code, see section 1221 of Title 20 and Tables. In subsection (b), the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on § 30305. Outreach program Science, Space, and Technology’’ on authority of sec- (a) ESTABLISHMENT.—The Administration shall tion 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 Represent- competitively select an organization to partner atives, adopted by House Resolution No. 5 (106th Con- with Administration centers, aerospace contrac- gress, January 6, 1999), and Rule X(1)(o) of the Rules of tors, and academic institutions to carry out a the House of Representatives, adopted by House Reso- program to help promote the competitiveness of lution No. 6 (110th Congress, January 5, 2007). small, minority-owned, and women-owned busi- In subsection (b), the word ‘‘hereafter’’ is omitted as nesses in communities across the United States unnecessary. through enhanced insight into the technologies CHANGE OF NAME of the Administration’s space and aeronautics Committee on Science and Technology of House of programs. The program shall support the mis- Representatives changed to Committee on Science, sion of the Administration’s Innovative Partner- Space, and Technology of House of Representatives by ships Program with its emphasis on joint part- House Resolution No. 5, One Hundred Twelfth Congress, nerships with industry, academia, government Jan. 5, 2011. agencies, and national laboratories. (b) PROGRAM STRUCTURE.—In carrying out the § 30304. Award of contracts to small businesses program described in subsection (a), the organi- and disadvantaged individuals zation shall support the mission of the Adminis- The Administrator shall annually establish a tration’s Innovative Partnerships Program by goal of at least 8 percent of the total value of undertaking the following activities: prime and subcontracts awarded in support of (1) FACILITATING ENHANCED INSIGHT.—Facili- authorized programs, including the space sta- tating the enhanced insight of the private sec- tion by the time operational status is obtained, tor into the Administration’s technologies in which funds will be made available to small order to increase the competitiveness of the business concerns or other organizations owned private sector in producing viable commercial or controlled by socially and economically dis- products. Page 35 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30308

(2) CREATING NETWORK.—Creating a network developed in conjunction with the Small Busi- of academic institutions, aerospace contrac- ness Administration to maximize the amount of tors, and Administration centers that will prime contracts, as measured in dollars, award- commit to donating appropriate technical as- ed in each fiscal year by the Administration to sistance to small businesses, giving preference small business concerns (within the meaning to socially and economically disadvantaged given that term in section 3 of the Small Busi- small business concerns, small business con- ness Act (15 U.S.C. 632)). cerns owned and controlled by service-disabled (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3365.) veterans, and HUBZone small business con- cerns. This paragraph shall not apply to any HISTORICAL AND REVISION NOTES contracting actions entered into or taken by Revised the Administration. Section Source (U.S. Code) Source (Statutes at Large) (3) CREATING NETWORK OF ECONOMIC DEVELOP- 30306 ...... 42 U.S.C. 16821. Pub. L. 109–155, title VII, MENT ORGANIZATIONS.—Creating a network of § 707, Dec. 30, 2005, 119 economic development organizations to in- Stat. 2937. crease the awareness and enhance the effec- tiveness of the program nationwide. § 30307. Requirement for independent cost analy- (c) REPORT.—Not later than one year after Oc- sis tober 15, 2008, and annually thereafter, the Ad- (a) DEFINITION OF IMPLEMENTATION.—In this ministrator shall submit a report to the Com- section, the term ‘‘implementation’’ means all mittee on Science and Technology of the House activity in the life cycle of a project after pre- of Representatives and the Committee on Com- liminary design, independent assessment of the merce, Science, and Transportation of the Sen- preliminary design, and approval to proceed into ate describing the efforts and accomplishments implementation, including critical design, de- of the program established under subsection (a) velopment, certification, launch, operations, in support of the Administration’s Innovative disposal of assets, and, for technology programs, Partnerships Program. As part of the report, the development, testing, analysis, and communica- Administrator shall provide— tion of the results. (1) data on the number of small businesses (b) REQUIREMENT.—Before any funds may be receiving assistance, jobs created and re- obligated for implementation of a project that is tained, and volunteer hours donated by the projected to cost more than $250,000,000 in total Administration, contractors, and academic in- project costs, the Administrator shall conduct stitutions nationwide; and consider an independent life-cycle cost (2) an estimate of the total dollar value of analysis of the project and shall report the re- the economic impact made by small businesses sults to Congress. In developing cost accounting that received technical assistance through the and reporting standards for carrying out this program; and section, the Administrator shall, to the extent (3) an accounting of the use of funds appro- practicable and consistent with other laws, so- priated for the program. licit the advice of experts outside of the Admin- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3364.) istration.

HISTORICAL AND REVISION NOTES (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3365.) ISTORICAL AND EVISION OTES Revised H R N Section Source (U.S. Code) Source (Statutes at Large) Revised Source (U.S. Code) Source (Statutes at Large) 30305 ...... 42 U.S.C. 17824. Pub. L. 110–422, title XI, Section § 1107, Oct. 15, 2008, 122 Stat. 4810. 30307 ...... 42 U.S.C. 2459g. Pub. L. 106–391, title III, § 301, Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, In subsection (c), in the matter before paragraph (1), title VII, § 704, Dec. 30, the date ‘‘October 15, 2008’’ is substituted for ‘‘the date 2005, 119 Stat. 2936. of enactment of this Act’’ to reflect the date of enact- ment of the National Aeronautics and Space Adminis- In subsection (b), in the first sentence, the words tration Authorization Act of 2008. ‘‘the Administrator shall conduct’’ are substituted for ‘‘the Administrator for the National Aeronautics and CHANGE OF NAME Space Administration shall conduct’’ to eliminate un- Committee on Science and Technology of House of necessary words. Representatives changed to Committee on Science, In subsection (b), in the last sentence, the word ‘‘ex- Space, and Technology of House of Representatives by perts’’ is substituted for ‘‘expertise’’ for clarity. House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 30308. Cost effectiveness calculations (a) DEFINITIONS.—In this section: § 30306. Small business contracting (1) COMMERCIAL PROVIDER.—The term ‘‘com- (a) PLAN.—In consultation with the Small mercial provider’’ means any person providing Business Administration, the Administrator space transportation services or other space- shall develop a plan to maximize the number related activities, the primary control of and amount of contracts awarded to small busi- which is held by persons other than a Federal, ness concerns (within the meaning given that State, local, or foreign government. term in section 3 of the Small Business Act (15 (2) STATE.—The term ‘‘State’’ means each of U.S.C. 632)) and to meet established contracting the several States of the United States, the goals for such concerns. District of Columbia, the Commonwealth of (b) PRIORITY.—The Administrator shall estab- Puerto Rico, the Virgin Islands, Guam, Amer- lish as a priority meeting the contracting goals ican Samoa, the Commonwealth of the North- § 30309 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 36

ern Mariana Islands, and any other common- Pub. L. 102–588, title II, § 220, Nov. 4, 1992, 106 Stat. wealth, territory, or possession of the United 5118. States. § 30310. Exception to alternative fuel procure- (b) IN GENERAL.—Except as otherwise required ment requirement by law, in calculating the cost effectiveness of 1 the cost of the Administration engaging in an Section 526(a) of the Energy Independence activity as compared to a commercial provider, and Security Act of 2007 (42 U.S.C. 17142(a)) does the Administrator shall compare the cost of the not prohibit the Administration from entering Administration engaging in the activity using into a contract to purchase a generally available full cost accounting principles with the price fuel that is not an alternative or synthetic fuel the commercial provider will charge for such ac- or predominantly produced from a nonconven- tivity. tional petroleum source, if— (1) the contract does not specifically require (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) the contractor to provide an alternative or HISTORICAL AND REVISION NOTES synthetic fuel or fuel from a nonconventional petroleum source; Revised Section Source (U.S. Code) Source (Statutes at Large) (2) the purpose of the contract is not to ob- tain an alternative or synthetic fuel or fuel 30308(a) ...... (no source) 30308(b) ...... 42 U.S.C. 2459h. Pub. L. 106–391, title III, from a nonconventional petroleum source; and § 304, Oct. 30, 2000, 114 (3) the contract does not provide incentives Stat. 1592. for a refinery upgrade or expansion to allow a In subsection (a), definitions of ‘‘commercial pro- refinery to use or increase its use of fuel from vider’’ and ‘‘State’’ are added to carry forward the ap- a nonconventional petroleum source. propriate definitions from section 3 of the National (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) Aeronautics and Space Administration Authorization Act of 2000 (Public Law 106–391, 114 Stat. 1579, 1580). HISTORICAL AND REVISION NOTES § 30309. Use of abandoned and underutilized Revised Source (U.S. Code) Source (Statutes at Large) buildings, grounds, and facilities Section (a) DEFINITION OF DEPRESSED COMMUNITIES.—In 30310 ...... 42 U.S.C. 17827. Pub. L. 110–422, title XI, § 1112, Oct. 15, 2008, 122 this section, the term ‘‘depressed communities’’ Stat. 4811. means rural and urban communities that are relatively depressed, in terms of age of housing, REFERENCES IN TEXT extent of poverty, growth of per capita income, Section 526(a) of the Energy Independence and Secu- extent of unemployment, job lag, or surplus rity Act of 2007, referred to in text, probably means sec- labor. tion 526 of Pub. L. 110–140, which is classified to section (b) IN GENERAL.—In any case in which the Ad- 17142 of Title 42, The Public Health and Welfare, but ministrator considers the purchase, lease, or ex- does not contain subsecs. pansion of a facility to meet requirements of the Administration, the Administrator shall con- CHAPTER 305—MANAGEMENT AND REVIEW sider whether those requirements could be met Sec. by the use of one of the following: 30501. Lessons learned and best practices. (1) Abandoned or underutilized buildings, 30502. Whistleblower protection. grounds, and facilities in depressed commu- 30503. Performance assessments. nities that can be converted to Administration 30504. Assessment of science mission extensions. usage at a reasonable cost, as determined by ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND the Administrator. ENGINEERING WORKFORCE DEVELOPMENT FOR MINOR- (2) Any military installation that is closed ITY AND UNDERREPRESENTED GROUPS AT NASA or being closed, or any facility at such an in- Pub. L. 111–358, title II, § 203, Jan. 4, 2011, 124 Stat. stallation. 3994, provided that: (3) Any other facility or part of a facility ‘‘(a) ASSESSMENT.—The Administrator [of NASA] that the Administrator determines to be— shall enter into an arrangement for an independent as- (A) owned or leased by the United States sessment of any impediments to space science and engi- for the use of another agency of the Federal neering workforce development for minority and under- Government; and represented groups at NASA [National Aeronautics and (B) considered by the head of the agency Space Administration], including recommendations involved to be— on— (i) excess to the needs of that agency; or ‘‘(1) measures to address such impediments; (ii) underutilized by that agency. ‘‘(2) opportunities for augmenting the impact of space science and engineering workforce development (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) activities and for expanding proven, effective pro- grams; and HISTORICAL AND REVISION NOTES ‘‘(3) best practices and lessons learned, as identified through the assessment, to help maximize the effec- Revised Source (U.S. Code) Source (Statutes at Large) Section tiveness of existing and future programs to increase the participation of minority and underrepresented 30309 ...... 42 U.S.C. 2473d. Pub. L. 106–391, title III, § 325, Oct. 30, 2000, 114 groups in the space science and engineering work- Stat. 1600. force at NASA. ‘‘(b) REPORT.—A report on the assessment carried out PRIOR PROVISIONS under subsection (a) shall be transmitted to the House Provisions similar to those in this section were con- of Representatives Committee on Science and Tech- tained in the following prior appropriation authoriza- tion act: 1 See References in Text note below. Page 37 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30310 nology [now Committee on Science, Space, and Tech- new aspects of my Administration’s plan together will nology] and the Senate Committee on Commerce, create thousands of new jobs in Florida, past decisions Science, and Transportation not later than 15 months to end the Space Shuttle program will still affect fami- after the date of enactment of this Act [Jan. 4, 2011]. lies and communities along Florida’s ‘‘Space Coast.’’ ‘‘(c) IMPLEMENTATION.—To the extent practicable, the Building on this significant new investment at the Administrator shall take all necessary steps to address Kennedy Space Center and my increased budget for any impediments identified in the assessment.’’ NASA overall, I am committed to taking additional steps to help local economies like Florida’s Space EX. ORD. NO. 11374. ABOLITION OF MISSILE SITES LABOR Coast adapt and thrive in the years ahead. The men and COMMISSION women who work in Florida’s aerospace industry are Ex. Ord. No. 11374, Oct. 11, 1967, 32 F.R. 14199, pro- some of the most talented and highly trained in the Na- vided: tion. It is critical that their skills are tapped as we By virtue of the authority vested in me as President transform and expand the country’s space exploration of the United States, it is ordered as follows: efforts. That is why I am launching a $40 million, SECTION 1. The Missile Sites Labor Commission is multi-agency initiative to help the Space Coast trans- hereby abolished and its functions and responsibilities form their economies and prepare their workers for the are transferred to the Federal Mediation and Concilia- opportunities of tomorrow. This effort will build on and tion Service. complement ongoing local and Federal economic and SEC. 2. The Director of the Federal Mediation and workforce-development efforts through a Task Force Conciliation Service shall establish within the Federal composed of senior-level Administration officials from Mediation and Conciliation Service such procedures as relevant agencies that will construct an economic de- may be necessary to provide for continued priority for velopment action plan by August 15, 2010. resolution of labor disputes or potential labor disputes To these ends, I hereby direct the following: at missile and space sites, and shall seek the continued SECTION 1. Establishment of the Task Force on Space In- cooperation of manufacturers, contractors, construc- dustry Workforce and Economic Development. There is es- tion concerns, and labor unions in avoiding uneco- tablished a Task Force on Space Industry Workforce nomical operations and work stoppages at missile and and Economic Development (Task Force) to develop, in space sites. collaboration with local stakeholders, an interagency SEC. 3. The Department of Defense, the National action plan to facilitate economic development strate- Aeronautics and Space Administration, and other ap- gies and plans along the Space Coast and to provide propriate government departments and agencies shall training and other opportunities for affected aerospace continue to cooperate in the avoidance of uneco- workers so they are equipped to contribute to new de- nomical operations and work stoppages at missile and velopments in America’s space program and related in- space sites. They shall also assist the Federal Medi- dustries. The Secretary of Commerce and the Adminis- ation and Conciliation Service in the discharge of its trator of NASA shall serve as Co-Chairs of the Task responsibilities under this order. Force. SEC. 4. All records and property of the Missile Sites (a) Membership of the Task Force. In addition to the Labor Commission are hereby transferred to the Fed- Co-Chairs, the Task Force shall consist of the following eral Mediation and Conciliation Service. members: SEC. 5. Any disputes now before the Missile Sites (i) the Secretary of Defense; Labor Commission shall be resolved by the personnel (ii) the Secretary of Labor; now serving as members of the Missile Sites Labor (iii) the Secretary of Housing and Urban Develop- Commissions under special assignment for such pur- ment; poses by the Director of the Federal Mediation and (iv) the Secretary of Transportation; Conciliation Service. (v) the Secretary of Education; (vi) the Chair of the Council of Economic Advisers; SEC. 6. Executive Order No. 10946 of May 26, 1961, is hereby revoked. (vii) the Director of the Office of Management and Budget; LYNDON B. JOHNSON. (viii) the Administrator of the Small Business Ad- TASK FORCE ON SPACE INDUSTRY WORKFORCE AND ministration; ECONOMIC DEVELOPMENT (ix) the Director of National Intelligence; (x) the Director of the Office of Science and Tech- Memorandum of President of the United States, May nology Policy; 3, 2010, 75 F.R. 24781, provided: (xi) the Director of the National Economic Council; Memorandum for the Secretary of Defense[,] the Sec- and retary of Commerce[,] the Secretary of Labor[,] the (xii) the heads of such other executive departments, Secretary of Housing and Urban Development[,] the agencies, and offices as the President may, from time Secretary of Transportation[,] the Secretary of to time, designate. Education[,] the Director of the Office of Management A member of the Task Force may designate, to per- and Budget[,] the Administrator of the Small Business form the Task Force functions of the member, a senior- Administration[,] the Administrator of the National level official who is a part of the member’s department, Aeronautics and Space Administration[,] the Chair of agency, or office, and who is a full-time officer or em- the Council of Economic Advisers[,] the Director of Na- ployee of the Federal Government. tional Intelligence[,] the Director of the Office of (b) Administration. The Co-Chairs shall convene regu- Science and Technology Policy[, and] the Director of lar meetings of the Task Force, determine its agenda, the National Economic Council and direct its work. At the direction of the Co-Chairs, My Administration is committed to implementing a the Task Force may establish subgroups consisting ex- bold, new approach to human spaceflight. Supported by clusively of Task Force members or their designees, as a $6 billion increase to the National Aeronautics and appropriate. Space Administration’s (NASA) budget over the next 5 SEC. 2. Mission and Functions. The Task Force shall years, this strategy will foster the development of work with local stakeholders and executive depart- path-breaking technologies, increase the reach and re- ments and agencies to equip Space Coast and other af- duce the cost of human and robotic exploration of fected workers to take advantage of new opportunities space, and help create thousands of new jobs. and expand the region’s economic base. NASA’s budget also includes $429 million next year, The Task Force will perform the following functions, and $1.9 billion over the next 5 years, to modernize the to the extent permitted by law: Kennedy Space Center and other nearby space launch (a) provide leadership and coordination of Federal facilities in Florida. This modernization effort will help Government resources to facilitate workforce and eco- spur new commercial business and innovation and pro- nomic development opportunities for aerospace com- vide additional good jobs to the region. While all of the munities and workers affected by new developments in § 30501 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 38

America’s space exploration program. Such support § 30501. Lessons learned and best practices may include the use of personnel, technical expertise, and available financial resources, and may be used to (a) IN GENERAL.—The Administrator shall provide a coordinated Federal response to the needs of transmit to the Committee on Science and individual States, regions, municipalities, and commu- Technology of the House of Representatives and nities adversely affected by space industry changes; the Committee on Commerce, Science, and (b) provide recommendations to the President on ways Federal policies and programs can address issues Transportation of the Senate an implementa- of special importance to aerospace communities and tion plan describing the Administration’s ap- workers; and proach for obtaining, implementing, and sharing (c) help ensure that officials from throughout the ex- lessons learned and best practices for its major ecutive branch, including officials on existing commit- programs and projects not later than 180 days tees or task forces addressing technological develop- after December 30, 2005. The implementation ment, research, or aerospace issues, advance the Presi- dent’s agenda for the transformation of America’s plan shall be updated and maintained to ensure space exploration program and support the coordina- that it is current and consistent with the bur- tion of Federal economic adjustment assistance activi- geoning culture of learning and safety that is ties. emerging at the Administration. SEC. 3. Outreach. Consistent with the objectives set (b) REQUIRED CONTENT.—The implementation forth in this memorandum, the Task Force, in accord- plan shall contain at a minimum the lessons ance with applicable law, in addition to holding regular meetings, shall conduct outreach to representatives of learned and best practices requirements for the nonprofit organizations; business; labor[;] State, local, Administration, the organizations or positions and tribal governments; elected officials; and other in- responsible for enforcement of the requirements, terested persons that will assist in bringing to the the reporting structure, and the objective per- President’s attention concerns, ideas, and policy op- formance measures indicating the effectiveness tions for expanding and improving efforts to create jobs of the activity. and economic growth in affected aerospace commu- (c) INCENTIVES.—The Administrator shall pro- nities. The Task Force shall hold inaugural meetings with stakeholders within 60 days of the date of this vide incentives to encourage sharing and imple- memorandum. mentation of lessons learned and best practices SEC. 4. Task Force Plan for Space Industry Workforce by employees, projects, and programs, as well as and Economic Development. On or before August 15, 2010, penalties for programs and projects that are de- the Task Force shall develop and submit to the Presi- termined not to have demonstrated use of those dent a comprehensive plan that: resources. (a) recommends how best to invest $40 million in transition assistance funding to ensure robust work- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3367.) force and economic development in those communities within Florida affected by transitions in America’s HISTORICAL AND REVISION NOTES space exploration program; (b) describes how the plan will build on and com- Revised Section Source (U.S. Code) Source (Statutes at Large) plement ongoing economic and workforce development efforts; 30501 ...... 42 U.S.C. 16615. Pub. L. 109–155, title I, § 107, (c) explores future workforce and economic develop- Dec. 30, 2005, 119 Stat. ment activities that could be undertaken for affected 2912. aerospace communities in other States, as appropriate; (d) identifies areas of collaboration with other public In subsection (a), the words ‘‘Committee on Science or nongovernmental actors to achieve the objectives of and Technology’’ are substituted for ‘‘Committee on the Task Force; and Science’’ on authority of Rule X(1)(o) of the Rules of (e) details a coordinated implementation strategy by the House of Representatives, adopted by House Reso- executive departments and agencies to meet the objec- lution No. 6 (110th Congress, January 5, 2007). tives of the Task Force. In subsection (a), the date ‘‘December 30, 2005’’ is sub- SEC. 5. Termination. The Task Force shall terminate 3 stituted for ‘‘the date of enactment of this Act’’ to re- years after the date of this memorandum unless ex- flect the date of enactment of the National Aeronautics tended by the President. and Space Administration Authorization Act of 2005 SEC. 6. General Provisions. (a) The heads of executive (Public Law 109–155, 119 Stat. 2895). departments and agencies shall assist and provide in- formation to the Task Force, consistent with applica- CHANGE OF NAME ble law, as may be necessary to carry out the functions Committee on Science and Technology of House of of the Task Force. Each executive department and Representatives changed to Committee on Science, agency shall bear its own expense for participating in Space, and Technology of House of Representatives by the Task Force; and House Resolution No. 5, One Hundred Twelfth Congress, (b) nothing in this memorandum shall be construed Jan. 5, 2011. to impair or otherwise affect: (i) authority granted by law to an executive depart- § 30502. Whistleblower protection ment, agency, or the head thereof; or (ii) functions of the Director of the Office of Manage- (a) IN GENERAL.—Not later than 1 year after ment and Budget relating to budgetary, administra- December 30, 2005, the Administrator shall tive, or legislative proposals. transmit to the Committee on Science and (c) This memorandum shall be implemented consist- ent with applicable law and subject to the availability Technology of the House of Representatives and of appropriations. the Committee on Commerce, Science, and (d) This memorandum is not intended to, and does Transportation of the Senate a plan describing not, create any right or benefit, substantive or proce- steps to be taken by the Administration to pro- dural, enforceable at law or in equity by any party tect from retaliation Administration employees against the United States, its departments, agencies, or who raise concerns about substantial and spe- entities, its officers, employees, or agents, or any other cific dangers to public health and safety or person. (e) The Administrator of the National Aeronautics about substantial and specific factors that could and Space Administration shall publish this memoran- threaten the success of a mission. The plan shall dum in the Federal Register. be designed to ensure that Administration em- BARACK OBAMA. ployees have the full protection required by law. Page 39 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30504

The Administrator shall implement the plan not CHANGE OF NAME more than 1 year after its transmittal. Committee on Science and Technology of House of (b) GOAL.—The Administrator shall ensure Representatives changed to Committee on Science, that the plan describes a system that will pro- Space, and Technology of House of Representatives by tect employees who wish to raise or have raised House Resolution No. 5, One Hundred Twelfth Congress, concerns described in subsection (a). Jan. 5, 2011. (c) PLAN.—At a minimum, the plan shall in- clude, consistent with Federal law— § 30503. Performance assessments (1) a reporting structure that ensures that (a) IN GENERAL.—The performance of each di- the officials who are the subject of a whistle- vision in the Science directorate of the Adminis- blower’s complaint will not learn the identity tration shall be reviewed and assessed by the of the whistleblower; National Academy of Sciences at 5-year inter- (2) a single point to which all complaints can vals. be made without fear of retribution; (b) TIMING.—Beginning with the first fiscal (3) procedures to enable the whistleblower to year following December 30, 2005, the Adminis- track the status of the case; trator shall select at least one division for re- (4) activities to educate employees about view under this section. The Administrator shall their rights as whistleblowers and how they select divisions so that all disciplines will have are protected by law; received their first review within 6 fiscal years (5) activities to educate employees about of December 30, 2005. their obligations to report concerns and their (c) REPORTS.—Not later than March 1 of each accountability before and after receiving the year, beginning with the first fiscal year after results of the investigations into their con- December 30, 2005, the Administrator shall cerns; and (6) activities to educate all appropriate Ad- transmit a report to the Committee on Science ministration Human Resources professionals, and Technology of the House of Representatives and all Administration managers and super- and the Committee on Commerce, Science, and visors, regarding personnel laws, rules, and Transportation of the Senate— regulations. (1) setting forth in detail the results of any external review under subsection (a); (d) REPORT.—Not later than February 15 of (2) setting forth in detail actions taken by each year beginning February 15, 2007, the Ad- the Administration in response to any exter- ministrator shall transmit a report to the Com- nal review; and mittee on Science and Technology of the House (3) including a summary of findings and rec- of Representatives and the Committee on Com- ommendations from any other relevant exter- merce, Science, and Transportation of the Sen- nal reviews of the Administration’s science ate on the concerns described in subsection (a) mission priorities and programs. that were raised during the previous fiscal year. At a minimum, the report shall provide— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3368.) (1) the number of concerns that were raised, HISTORICAL AND REVISION NOTES divided into the categories of safety and health, mission assurance, and mismanage- Revised Source (U.S. Code) Source (Statutes at Large) ment, and the disposition of those concerns, Section including whether any employee was dis- 30503 ...... 42 U.S.C. 16651. Pub. L. 109–155, title III, § 301, Dec. 30, 2005, 119 ciplined as a result of a concern having been Stat. 2916. raised; and (2) any recommendations for reforms to fur- In subsections (b) and (c), the date ‘‘December 30, ther prevent retribution against employees 2005’’ is substituted for ‘‘the date of enactment of this who raise concerns. Act’’ to reflect the date of enactment of the National Aeronautics and Space Administration Authorization (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3367.) Act of 2005 (Public Law 109–155, 119 Stat. 2895). In subsection (c), the words ‘‘Committee on Science HISTORICAL AND REVISION NOTES and Technology’’ are substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the Rules of Revised Source (U.S. Code) Source (Statutes at Large) Section the House of Representatives, adopted by House Reso- lution No. 6 (110th Congress, January 5, 2007). 30502 ...... 42 U.S.C. 16618. Pub. L. 109–155, title I, § 110, Dec. 30, 2005, 119 Stat. 2914. CHANGE OF NAME Committee on Science and Technology of House of In subsection (a), the date ‘‘December 30, 2005’’ is sub- Representatives changed to Committee on Science, stituted for ‘‘the date of enactment of this Act’’ to re- Space, and Technology of House of Representatives by flect the date of enactment of the National Aeronautics House Resolution No. 5, One Hundred Twelfth Congress, and Space Administration Authorization Act of 2005 Jan. 5, 2011. (Public Law 109–155, 119 Stat. 2895). In subsections (a) and (d), the words ‘‘Committee on § 30504. Assessment of science mission extensions Science and Technology’’ are substituted for ‘‘Commit- tee on Science’’ on authority of Rule X(1)(o) of the (a) ASSESSMENT.—The Administrator shall Rules of the House of Representatives, adopted by carry out biennial reviews within each of the House Resolution No. 6 (110th Congress, January 5, Science divisions to assess the cost and benefits 2007). of extending the date of the termination of data In subsection (d), the words ‘‘Not later than February 15 of each year beginning February 15, 2007’’ are sub- collection for those missions that have exceeded stituted for ‘‘Not later than February 15 of each year their planned mission lifetime. beginning with the year after the date of enactment of (b) CONSULTATION AND CONSIDERATION OF PO- this Act’’ for clarity. TENTIAL BENEFITS OF INSTRUMENTS ON MIS- § 30701 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 40

SIONS.—For those missions that have an oper- (1) DEFINITION OF UNITED STATES COMMERCIAL ational component, the National Oceanic and PROVIDER.—In this subsection, the term Atmospheric Administration or any other af- ‘‘United States commercial provider’’ means a fected agency shall be consulted and the poten- commercial provider (as defined in section tial benefits of instruments on missions that are 30308(a) of this title), organized under the laws beyond their planned mission lifetime taken of the United States or of a State (as defined into account. in section 30308(a) of this title), which is— (A) more than 50 percent owned by United (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3369.) States nationals; or HISTORICAL AND REVISION NOTES (B) a subsidiary of a foreign company and the Secretary of Commerce finds that— Revised (i) such subsidiary has in the past evi- Section Source (U.S. Code) Source (Statutes at Large) denced a substantial commitment to the 30504(a) ...... 42 U.S.C. 16654(a) Pub. L. 109–155, title III, United States market through— (matter before § 304(a) (matter before par. par. (1)). (1)), (2), Dec. 30, 2005, 119 (I) investments in the United States in Stat. 2918. long-term research, development, and 30504(b) ...... 42 U.S.C. 16654(a)(2). manufacturing (including the manufac- In subsection (a), the words ‘‘In addition—’’ are omit- ture of major components and subassem- ted as unnecessary. blies); and (II) significant contributions to em- CHAPTER 307—INTERNATIONAL ployment in the United States; and COOPERATION AND COMPETITION (ii) the country or countries in which Sec. such foreign company is incorporated or 30701. Competitiveness and international coopera- organized, and, if appropriate, in which it tion. principally conducts its business, affords 30702. Foreign contract limitation. 30703. Foreign launch vehicles. reciprocal treatment to companies de- 30704. Offshore performance of contracts for the pro- scribed in subparagraph (A) comparable to curement of goods and services. that afforded to such foreign company’s subsidiary in the United States, as evi- § 30701. Competitiveness and international co- denced by— operation (I) providing comparable opportunities (a) LIMITATION.— for companies described in subparagraph (1) SOLICITATION OF COMMENT.—As part of the (A) to participate in Government spon- evaluation of the costs and benefits of enter- sored research and development similar ing into an obligation to conduct a space mis- to that authorized under this section, sion in which a foreign entity will participate section 30307, 30308, 30309, or 30702 of this as a supplier of the spacecraft, spacecraft sys- title, or the National Aeronautics and tem, or launch system, the Administrator Space Administration Authorization Act shall solicit comment on the potential impact of 2000 (Public Law 106–391, 114 Stat. of such participation through notice published 1577); in Commerce Business Daily at least 45 days (II) providing no barriers to companies before entering into such an obligation. described in subparagraph (A) with re- (2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF spect to local investment opportunities CHINA.—The Administrator shall certify to that are not provided to foreign compa- Congress at least 15 days in advance of any co- nies in the United States; and operative agreement with the People’s Repub- (III) providing adequate and effective lic of China, or any company owned by the protection for the intellectual property People’s Republic of China or incorporated rights of companies described in sub- under the laws of the People’s Republic of paragraph (A). China, involving spacecraft, spacecraft sys- (2) IN GENERAL.—Before entering into an ob- tems, launch systems, or scientific or tech- ligation described in subsection (a), the Ad- nical information, that— ministrator shall consider the national inter- (A) the agreement is not detrimental to ests of the United States described in para- the United States space launch industry; and graph (3) of this subsection. (B) the agreement, including any indirect (3) DESCRIPTION OF NATIONAL INTERESTS.— technical benefit that could be derived from International cooperation in space exploration the agreement, will not improve the missile and science activities most effectively serves or space launch capabilities of the People’s the United States national interest when it— Republic of China. (A)(i) reduces the cost of undertaking mis- (3) ANNUAL AUDIT.—The Inspector General of sions the United States Government would the Administration, in consultation with ap- pursue unilaterally; propriate agencies, shall conduct an annual (ii) enables the United States to pursue audit of the policies and procedures of the Ad- missions that it could not otherwise afford ministration with respect to the export of to pursue unilaterally; or (iii) enhances United States capabilities to technologies and the transfer of scientific and use and develop space for the benefit of technical information, to assess the extent to United States citizens; which the Administration is carrying out its (B) is undertaken in a manner that is sen- activities in compliance with Federal export sitive to the desire of United States com- control laws and with paragraph (2). mercial providers to develop or explore space (b) NATIONAL INTERESTS.— commercially; Page 41 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30703

(C) is consistent with the need for Federal congressional committees regular, detailed updates agencies to use space to complete their mis- on the negotiation of a non-legally binding inter- sions; and national agreement concerning an International (D) is carried out in a manner consistent Code of Conduct for Outer Space Activities or any similar agreement. with United States export control laws. ‘‘(B) TERMINATION OF REQUIREMENT.—The require- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3369.) ment to provide regular briefings under subpara- graph (A) shall terminate on the date on which the HISTORICAL AND REVISION NOTES United States becomes a signatory to an agreement referred to in subparagraph (A), or on the date on Revised which the President certifies to Congress that the Section Source (U.S. Code) Source (Statutes at Large) United States is no longer negotiating an agree- 30701(a) ...... 42 U.S.C. 2475a(a). Pub. L. 106–391, title I, § 126, ment referred to in subparagraph (A), whichever is Oct. 30, 2000, 114 Stat. 1585. earlier. 30701(b)(1) .. (no source) 30701(b)(2) .. 42 U.S.C. 2475a(b). ‘‘(3) NOTIFICATIONS.—If the United States becomes a 30701(b)(3) .. (no source) signatory to a non-legally binding international agreement concerning an International Code of Con- In subsection (b)(1), the definition of ‘‘United States duct for Outer Space Activities or any similar agree- commercial provider’’ is added to carry forward the ap- ment, not less than 60 days prior to any action that propriate definition from section 3 of the National will obligate the United States to reduce or limit the Aeronautics and Space Administration Authorization Armed Forces or armaments or activities of the Act of 2000 (Public Law 106–391, 114 Stat. 1580). United States in outer space, the head of each De- In subsection (b)(3), the description of national inter- partment or agency of the Federal Government that ests of the United States is added to carry forward the is affected by such action shall submit to Congress appropriate description of national interests of the notice of such action and the effect of such action on United States from section 2(6) of the National Aero- such Department or agency. nautics and Space Administration Authorization Act of ‘‘(4) DEFINITION.—In this subsection, the term ‘cov- 2000 (Public Law 106–391, 114 Stat. 1578). ered congressional committees’ means— ‘‘(A) the Committee on Armed Services, the Com- REFERENCES IN TEXT mittee on Foreign Affairs, and the Permanent Se- The National Aeronautics and Space Administration lect Committee on Intelligence of the House of Rep- Authorization Act of 2000, referred to in subsec. resentatives; and (b)(1)(B)(ii)(I), is Pub. L. 106–391, Oct. 30, 2000, 114 Stat. ‘‘(B) the Committee on Armed Services, the Com- 1577. For complete classification of this Act to the mittee on Foreign Relations, and the Select Com- Code, see Tables. mittee on Intelligence of the Senate.’’ LIMITATION ON INTERNATIONAL AGREEMENTS § 30702. Foreign contract limitation CONCERNING OUTER SPACE ACTIVITIES The Administration shall not enter into any Pub. L. 112–239, div. A, title IX, § 913(a), (b), Jan. 2, agreement or contract with a foreign govern- 2013, 126 Stat. 1874, provided that: ‘‘(a) CERTIFICATION REQUIRED.—If the United States ment that grants the foreign government the becomes a signatory to a non-legally binding inter- right to recover profit in the event that the national agreement concerning an International Code agreement or contract is terminated. of Conduct for Outer Space Activities or any similar (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) agreement, at the same time as the United States be- comes such a signatory— HISTORICAL AND REVISION NOTES ‘‘(1) the President shall submit to the congressional defense committees [Committees on Armed Services Revised Source (U.S. Code) Source (Statutes at Large) and Appropriations of the Senate and the House of Section Representatives], the Permanent Select Committee 30702 ...... 42 U.S.C. 2475b. Pub. L. 106–391, title III, on Intelligence of the House of Representatives, and § 305, Oct. 30, 2000, 114 the Select Committee on Intelligence of the Senate a Stat. 1592. certification that such agreement has no legally- binding effect or basis for limiting the activities of § 30703. Foreign launch vehicles the United States in outer space; and ‘‘(2) the Secretary of Defense, the Chairman of the (a) ACCORD WITH SPACE TRANSPORTATION POL- Joint Chiefs of Staff, and the Director of National In- ICY.—The Administration shall not launch a telligence shall jointly submit to the congressional payload on a foreign launch vehicle except in ac- defense committees a certification that such agree- cordance with the Space Transportation Policy ment will be equitable, enhance national security, announced by the President on December 21, and have no militarily significant impact on the abil- ity of the United States to conduct military or intel- 2004. This subsection shall not be construed to ligence activities in space. prevent the President from waiving the Space ‘‘(b) BRIEFINGS AND NOTIFICATIONS REQUIRED.— Transportation Policy. ‘‘(1) RESTATEMENT OF POLICY FORMULATION UNDER (b) INTERAGENCY COORDINATION.—The Adminis- THE ARMS CONTROL AND DISARMAMENT ACT WITH RE- tration shall not launch a payload on a foreign SPECT TO OUTER SPACE.—No action shall be taken that launch vehicle unless the Administration com- would obligate the United States to reduce or limit menced the interagency coordination required the Armed Forces or armaments of the United States by the Space Transportation Policy announced in outer space in a militarily significant manner, ex- cept pursuant to the treaty-making power of the by the President on December 21, 2004, at least President set forth in Article II, Section 2, Clause II 90 days before entering into a development con- of the Constitution or unless authorized by the enact- tract for the payload. ment of further affirmative legislation by the Con- (c) APPLICATION.—This section shall not apply gress of the United States. to any payload for which development has begun ‘‘(2) BRIEFINGS.— prior to December 30, 2005, including the James ‘‘(A) REQUIREMENT.—The Secretary of Defense, Webb Space Telescope. the Secretary of State, and the Director of National Intelligence shall jointly provide to the covered (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) § 30704 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 42

HISTORICAL AND REVISION NOTES self or herself by exceptionally meritorious ef- forts and contributions to the welfare of the Na- Revised Section Source (U.S. Code) Source (Statutes at Large) tion and of humankind. (b) APPROPRIATIONS.—There is authorized to be 30703 ...... 42 U.S.C. 16614. Pub. L. 109–155, title I, § 105, Dec. 30, 2005, 119 Stat. appropriated from time to time such sums of 2912. money as may be necessary to carry out the pur- poses of this section. In subsection (c), the date ‘‘December 30, 2005’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) flect the date of enactment of the National Aeronautics HISTORICAL AND REVISION NOTES and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895). Revised Section Source (U.S. Code) Source (Statutes at Large) § 30704. Offshore performance of contracts for 30901(a) ...... 42 U.S.C. 2461 (1st Pub. L. 91–76, § 1, Sept. 29, the procurement of goods and services par.). 1969, 83 Stat. 124. 30901(b) ...... 42 U.S.C. 2461 (last Pub. L. 91–76, § 2, Sept. 29, The Administrator shall submit to Congress, par.). 1969, 83 Stat. 124. not later than 120 days after the end of each fis- cal year, a report on the contracts and sub- § 30902. Charles ‘‘Pete’’ Conrad Astronomy contracts performed overseas and the amount of Awards purchases directly or indirectly by the Adminis- (a) SHORT TITLE.—This section may be cited as tration from foreign entities in that fiscal year. the ‘‘Charles ‘Pete’ Conrad Astronomy Awards The report shall separately indicate— Act’’. (1) the contracts and subcontracts and their (b) DEFINITIONS.—In this section: dollar values for which the Administrator de- (1) AMATEUR ASTRONOMER.—The term ‘‘ama- termines that essential goods or services teur astronomer’’ means an individual whose under the contract are available only from a employer does not provide any funding, pay- source outside the United States; and ment, or compensation to the individual for (2) the items and their dollar values for the observation of asteroids and other celes- which the Buy American Act (41 U.S.C. 10a et tial bodies, and does not include any individ- seq.) 1 was waived pursuant to obligations of ual employed as a professional astronomer. the United States under international agree- (2) MINOR PLANET CENTER.—The term ‘‘Minor ments. Planet Center’’ means the Minor Planet Cen- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) ter of the Smithsonian Astrophysical Observ- atory. HISTORICAL AND REVISION NOTES (3) NEAR-EARTH ASTEROID.—The term ‘‘near- Earth asteroid’’ means an asteroid with a peri- Revised Section Source (U.S. Code) Source (Statutes at Large) helion distance of less than 1.3 Astronomical Units from the Sun. 30704 ...... 42 U.S.C. 16823. Pub. L. 109–155, title VII, § 709, Dec. 30, 2005, 119 (4) PROGRAM.—The term ‘‘Program’’ means Stat. 2938. the Charles ‘‘Pete’’ Conrad Astronomy Awards Program established under subsection (c). In the matter before paragraph (1), the words ‘‘begin- ning with the first fiscal year after the date of enact- (c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY ment of this Act [December 30, 2005]’’ are omitted as AWARDS PROGRAM.— obsolete. (1) IN GENERAL.—The Administrator shall es- tablish the Charles ‘‘Pete’’ Conrad Astronomy REFERENCES IN TEXT Awards Program. The Buy American Act, referred to in par. (2), is title (2) AWARDS.—The Administrator shall make III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was awards under the Program based on the rec- classified generally to sections 10a, 10b, and 10c of ommendations of the Minor Planet Center. former Title 41, Public Contracts, and was substan- (3) AWARD CATEGORIES.—The Administrator tially repealed and restated in chapter 83 (§ 8301 et seq.) shall make one annual award, unless there are of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete clas- no eligible discoveries or contributions, for sification of this Act to the Code, see Short Title of each of the following categories: 1933 Act note set out under section 101 of Title 41 and (A) DISCOVERY OF BRIGHTEST NEAR-EARTH Tables. For disposition of sections of former Title 41, ASTEROID.—The amateur astronomer or see Disposition Table preceding section 101 of Title 41. group of amateur astronomers who in the preceding calendar year discovered the in- CHAPTER 309—AWARDS trinsically brightest near-Earth asteroid Sec. among the near-Earth asteroids that were 30901. Congressional Space Medal of Honor. discovered during that year by amateur as- 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards. tronomers or groups of amateur astrono- mers. § 30901. Congressional Space Medal of Honor (B) GREATEST CONTRIBUTION TO CATALOGU- (a) AUTHORITY TO AWARD.—The President may ING NEAR-EARTH ASTEROIDS.—The amateur award, and present in the name of Congress, a astronomer or group of amateur astrono- medal of appropriate design, which shall be mers who made the greatest contribution to known as the Congressional Space Medal of the Minor Planet Center’s mission of cata- Honor, to any astronaut who in the performance loguing near-Earth asteroids during the pre- of the astronaut’s duties has distinguished him- ceding year. (4) AWARD AMOUNT.—An award under the 1 See References in Text note below. Program shall be in the amount of $3,000. Page 43 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 31102

(5) GUIDELINES.— owned vehicle and a per diem in lieu of sub- (A) CITIZEN OR PERMANENT RESIDENT.—No sistence not to exceed the rate and amount individual who is not a citizen or permanent prescribed in sections 5702 and 5704 of title 5), resident of the United States at the time of and other necessary expenses incurred by the the individual’s discovery or contribution member in the performance of duties vested in may receive an award under this section. the Panel, without regard to the provisions of (B) FINALITY.—The decisions of the Admin- subchapter I of chapter 57 of title 5, the Stand- istrator in making awards under this section ardized Government Travel Regulations, or are final. section 5731 of title 5. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3372.) (e) ANNUAL REPORT.—The Panel shall submit an annual report to the Administrator and to HISTORICAL AND REVISION NOTES Congress. In the first annual report submitted Revised after December 30, 2005, the Panel shall include Source (U.S. Code) Source (Statutes at Large) Section an evaluation of the Administration’s manage- 30902 ...... 42 U.S.C. 16792. Pub. L. 109–155, title VI, ment and culture related to safety. Each annual § 613, Dec. 30, 2005, 119 report shall include an evaluation of the Admin- Stat. 2932. istration’s compliance with the recommenda- tions of the Columbia Accident Investigation CHAPTER 311—SAFETY Board through retirement of the space shuttle. Sec. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3373.) 31101. Aerospace Safety Advisory Panel. 31102. Drug and alcohol testing. HISTORICAL AND REVISION NOTES

§ 31101. Aerospace Safety Advisory Panel Revised Section Source (U.S. Code) Source (Statutes at Large) (a) ESTABLISHMENT AND MEMBERS.—There is 31101(a) ...... 42 U.S.C. 2477(a) Pub. L. 90–67, § 6, Aug. 21, established an Aerospace Safety Advisory Panel (1st, last sen- 1967, 81 Stat. 170; Pub. L. consisting of a maximum of 9 members who tences). 94–307, § 8, June 4, 1976, 90 Stat. 681; Pub. L. 99–234, shall be appointed by the Administrator for title I, § 107(f), Jan. 2, 1986, terms of 6 years each. Not more than 4 such 99 Stat. 1759; Pub. L. 109–155, title I, § 106, Dec. members shall be chosen from among the offi- 30, 2005, 119 Stat. 2912. cers and employees of the Administration. 31101(b) ...... 42 U.S.C. 2477(a) (3d sentence). (b) CHAIRMAN.—One member shall be des- 31101(c) ...... 42 U.S.C. 2477(a) (2d ignated by the Panel as its Chairman. sentence). 31101(d) ...... 42 U.S.C. 2477(a) (c) DUTIES.—The Panel shall— (4th, 5th sen- (1) review safety studies and operations tences). plans referred to it, including evaluating the 31101(e) ...... 42 U.S.C. 2477(b). Administration’s compliance with the return- In subsection (d)(1)(B), the words ‘‘maximum rate to-flight and continue-to-fly recommendations payable under section 5376 of title 5’’ are substituted of the Columbia Accident Investigation Board, for ‘‘rate for GS–18’’ because of section 101(c) of the and make reports thereon; Federal Employees Pay Comparability Act of 1990 (Pub- (2) advise the Administrator and Congress lic Law 101–509, 5 U.S.C. 5376 note). with respect to— In subsection (e), the date ‘‘December 30, 2005’’ is sub- (A) the hazards of proposed or existing fa- stituted for ‘‘the date of enactment of the National cilities and proposed operations; Aeronautics and Space Administration Authorization Act of 2005’’ to reflect the date of enactment of the Na- (B) the adequacy of proposed or existing tional Aeronautics and Space Administration Author- safety standards; and ization Act of 2005 (Public Law 109–155, 119 Stat. 2895). (C) management and culture related to safety; and § 31102. Drug and alcohol testing (3) perform such other duties as the Admin- (a) DEFINITION OF CONTROLLED SUBSTANCE.—In istrator may request. this section, the term ‘‘controlled substance’’ means any substance under section 102(6) of the (d) COMPENSATION AND EXPENSES.— Controlled Substances Act (21 U.S.C. 802(6)) (1) COMPENSATION.— specified by the Administrator. (A) FEDERAL OFFICERS AND EMPLOYEES.—A (b) TESTING PROGRAM.— member of the Panel who is an officer or em- (1) EMPLOYEES OF ADMINISTRATION.—The Ad- ployee of the Federal Government shall re- ministrator shall establish a program applica- ceive no compensation for the member’s ble to employees of the Administration whose services as such. duties include responsibility for safety-sen- (B) MEMBERS APPOINTED FROM OUTSIDE THE sitive, security, or national security func- FEDERAL GOVERNMENT.—A member of the tions. Such program shall provide for pre- Panel appointed from outside the Federal employment, reasonable suspicion, random, Government shall receive compensation, at and post-accident testing for use, in violation a rate not to exceed the per diem rate equiv- of applicable law or Federal regulation, of al- alent to the maximum rate payable under cohol or a controlled substance. The Adminis- section 5376 of title 5, for each day the mem- trator may also prescribe regulations, as the ber is engaged in the actual performance of Administrator considers appropriate in the in- duties vested in the Panel. terest of safety, security, and national secu- (2) EXPENSES.—A member of the Panel shall rity, for the conduct of periodic recurring test- be allowed necessary travel expenses (or in the ing of such employees for such use in violation alternative, mileage for use of a privately of applicable law or Federal regulation. § 31102 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 44

(2) EMPLOYEES OF CONTRACTORS.—The Ad- identification and opportunity for treatment ministrator shall, in the interest of safety, se- of employees referred to in subsection (b) in curity, and national security, prescribe regu- need of assistance in resolving problems with lations. Such regulations shall establish a pro- the use, in violation of applicable law or Fed- gram that requires Administration contrac- eral regulation, of alcohol or a controlled sub- tors to conduct preemployment, reasonable stance. Each contractor is encouraged to suspicion, random, and post-accident testing make such a program available to all of its of contractor employees responsible for safety- employees in addition to those employees re- sensitive, security, or national security func- ferred to in subsection (b)(2). The Adminis- tions (as determined by the Administrator) for trator shall determine the circumstances use, in violation of applicable law or Federal under which such employees shall be required regulation, of alcohol or a controlled sub- to participate in such a program. Nothing in stance. The Administrator may also prescribe this subsection shall preclude any Administra- regulations, as the Administrator considers tion contractor from establishing a program appropriate in the interest of safety, security, under this subsection in cooperation with any and national security, for the conduct of peri- other such contractor. odic recurring testing of such employees for (2) ESTABLISHMENT AND MAINTENANCE OF PRO- such use in violation of applicable law or Fed- GRAM FOR ADMINISTRATION EMPLOYEES.—The eral regulation. Administrator shall establish and maintain a (3) SUSPENSION, DISQUALIFICATION, OR DISMIS- rehabilitation program which at a minimum SAL.—In prescribing regulations under the pro- provides for the identification and opportunity grams required by this subsection, the Admin- for treatment of those employees of the Ad- istrator shall require, as the Administrator ministration whose duties include responsibil- considers appropriate, the suspension, dis- ity for safety-sensitive, security, or national qualification, or dismissal of any employee to security functions who are in need of assist- which paragraph (1) or (2) applies, in accord- ance in resolving problems with the use of al- ance with the provisions of this section, in any cohol or controlled substances. instance where a test conducted and confirmed (e) PROCEDURES FOR TESTING.—In establishing under this section indicates that such em- the programs required under subsection (b), the ployee has used, in violation of applicable law Administrator shall develop requirements which or Federal regulation, alcohol or a controlled shall— substance. (1) promote, to the maximum extent prac- (c) PROHIBITION ON SERVICE.— ticable, individual privacy in the collection of (1) PROHIBITION UNLESS PROGRAM OF REHA- specimen samples; BILITATION COMPLETED.—No individual who is (2) with respect to laboratories and testing determined by the Administrator under this procedures for controlled substances, incor- section to have used, in violation of applicable porate the Department of Health and Human law or Federal regulation, alcohol or a con- Services scientific and technical guidelines trolled substance after December 9, 1991, shall dated April 11, 1988, and any subsequent serve as an Administration employee with re- amendments thereto, including mandatory sponsibility for safety-sensitive, security, or guidelines which— national security functions (as determined by (A) establish comprehensive standards for the Administrator), or as an Administration all aspects of laboratory controlled sub- contractor employee with such responsibility, stances testing and laboratory procedures to unless such individual has completed a pro- be applied in carrying out this section, in- gram of rehabilitation described in subsection cluding standards which require the use of (d). the best available technology for ensuring (2) UNCONDITIONAL PROHIBITION.—Any such the full reliability and accuracy of con- individual determined by the Administrator trolled substances tests and strict proce- under this section to have used, in violation of dures governing the chain of custody of spec- applicable law or Federal regulation, alcohol imen samples collected for controlled sub- or a controlled substance after December 9, stances testing; 1991, shall not be permitted to perform the du- (B) establish the minimum list of con- ties that the individual performed prior to the trolled substances for which individuals may date of the determination, if the individual— be tested; and (A) engaged in such use while on duty; (C) establish appropriate standards and (B) prior to such use had undertaken or procedures for periodic review of labora- completed a rehabilitation program de- tories and criteria for certification and rev- scribed in subsection (d); ocation of certification of laboratories to (C) following such determination refuses perform controlled substances testing in car- to undertake such a rehabilitation program; rying out this section; or (3) require that all laboratories involved in (D) following such determination fails to the controlled substances testing of any indi- complete such a rehabilitation program. vidual under this section shall have the capa- (d) PROGRAM FOR REHABILITATION.— bility and facility, at such laboratory, of per- (1) REGULATIONS AND AVAILABILITY OF PRO- forming screening and confirmation tests; GRAM FOR CONTRACTOR EMPLOYEES.—The Ad- (4) provide that all tests which indicate the ministrator shall prescribe regulations setting use, in violation of applicable law or Federal forth requirements for rehabilitation pro- regulation, of alcohol or a controlled sub- grams which at a minimum provide for the stance by any individual shall be confirmed by Page 45 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 31302

a scientifically recognized method of testing ‘‘(1) alcohol abuse and illegal drug use pose signifi- capable of providing quantitative data regard- cant dangers to the safety and welfare of the Nation; ing alcohol or a controlled substance; ‘‘(2) the success of the United States civil space pro- (5) provide that each specimen sample be gram is contingent upon the safe and successful de- subdivided, secured, and labelled in the pres- velopment and deployment of the many varied com- ence of the tested individual and that a por- ponents of that program; ‘‘(3) the greatest efforts must be expended to elimi- tion thereof be retained in a secure manner to nate the abuse of alcohol and use of illegal drugs, prevent the possibility of tampering, so that whether on duty or off duty, by those individuals who in the event the individual’s confirmation test are involved in the positions affecting safety, secu- results are positive the individual has an op- rity, and national security; portunity to have the retained portion assayed ‘‘(4) the use of alcohol and illegal drugs has been by a confirmation test done independently at demonstrated to adversely affect the performance of a second certified laboratory if the individual individuals, and has been proven to have been a criti- requests the independent test within 3 days cal factor in accidents in the workplace; after being advised of the results of the initial ‘‘(5) the testing of uniformed personnel of the confirmation test; Armed Forces has shown that the most effective de- (6) ensure appropriate safeguards for testing terrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing; to detect and quantify alcohol in breath and ‘‘(6) adequate safeguards can be implemented to en- body fluid samples, including urine and blood, sure that testing for abuse of alcohol or use of illegal through the development of regulations as drugs is performed in a manner which protects an in- may be necessary and in consultation with the dividual’s right of privacy, ensures that no individual Department of Health and Human Services; is harassed by being treated differently from other in- (7) provide for the confidentiality of test re- dividuals, and ensures that no individual’s reputation sults and medical information of employees; or career development is unduly threatened or and harmed; and (8) ensure that employees are selected for ‘‘(7) rehabilitation is a critical component of any tests by nondiscriminatory and impartial testing program for abuse of alcohol or use of illegal methods, so that no employee is harassed by drugs, and should be made available to individuals, as being treated differently from other employees appropriate.’’ in similar circumstances. (f) EFFECT ON OTHER LAWS AND REGULATIONS.— CHAPTER 313—HEALTHCARE (1) CONSISTENCY WITH FEDERAL REGULATION.— Sec. No State or local government shall adopt or 31301. Healthcare program. have in effect any law, rule, regulation, ordi- 31302. Astronaut healthcare survey. nance, standard, or order that is inconsistent with the regulations promulgated under this section. § 31301. Healthcare program (2) CONTINUANCE OF REGULATIONS ISSUED BE- The Administrator shall develop a plan to bet- FORE DECEMBER 9, 1991.—Nothing in this section ter understand the longitudinal health effects of shall be construed to restrict the discretion of space flight on humans. In the development of the Administrator to continue in force, the plan, the Administrator shall consider the amend, or further supplement any regulations need for the establishment of a lifetime health- issued before December 9, 1991, that govern the use of alcohol and controlled substances by care program for Administration astronauts and Administration employees with responsibility their families or other methods to obtain needed for safety-sensitive, security, and national se- health data from astronauts and retired astro- curity functions (as determined by the Admin- nauts. istrator), or by Administration contractor em- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3376.) ployees with such responsibility. HISTORICAL AND REVISION NOTES (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3374.) Revised Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES Section

Revised 31301 ...... 42 U.S.C. 16822. Pub. L. 109–155, title VII, Section Source (U.S. Code) Source (Statutes at Large) § 708, Dec. 30, 2005, 119 Stat. 2938. 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). § 31302. Astronaut healthcare survey 31102(d) ...... 42 U.S.C. 2473c(e). 31102(e) ...... 42 U.S.C. 2473c(f). URVEY 31102(f) ...... 42 U.S.C. 2473c(g). (a) S .—The Administrator shall admin- ister an anonymous survey of astronauts and In subsection (b)(2), the words ‘‘within 18 months flight surgeons to evaluate communication, re- after the date of enactment of this Act’’ are omitted as lationships, and the effectiveness of policies. obsolete. The survey questions and the analysis of results In paragraphs (1) and (2) of subsection (c), and in sub- shall be evaluated by experts independent of the section (f)(2), the date ‘‘December 9, 1991’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the Administration. The survey shall be adminis- date of enactment of the National Aeronautics and tered on at least a biennial basis. Space Administration Authorization Act, Fiscal Year (b) REPORT.—The Administrator shall trans- 1992 (Public Law 102–195, 105 Stat. 1605). mit a report of the results of the survey to Con- FINDINGS gress not later than 90 days following comple- tion of the survey. Pub. L. 102–195, § 21(b), Dec. 9, 1991, 105 Stat. 1616, pro- vided that: ‘‘The Congress finds that— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) § 31501 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 46

HISTORICAL AND REVISION NOTES in support of Administration and interagency cooperative missions. The Administrator may Revised Section Source (U.S. Code) Source (Statutes at Large) enter into cooperative agreements with univer- sities with unmanned aerial vehicle programs 31302 ...... 42 U.S.C. 17822. Pub. L. 110–422, title XI, § 1103, Oct. 15, 2008, 122 and related assets to conduct collaborative re- Stat. 4808. search and development activities, including de- velopment of appropriate applications of small CHAPTER 315—MISCELLANEOUS unmanned aerial vehicle technologies and sys- tems in remote areas. Sec. 31501. Orbital debris. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) 31502. Maintenance of facilities. 31503. Laboratory productivity. HISTORICAL AND REVISION NOTES 31504. Cooperative unmanned aerial vehicle activi- Revised ties. Section Source (U.S. Code) Source (Statutes at Large) 31505. Development of enhanced-use lease policy. 31504 ...... 42 U.S.C. 17828. Pub. L. 110–422, title XI, § 1116, Oct. 15, 2008, 122 § 31501. Orbital debris Stat. 4813. The Administrator, in conjunction with the heads of other Federal agencies, shall take steps § 31505. Development of enhanced-use lease pol- to develop or acquire technologies that will en- icy able the Administration to decrease the risks (a) IN GENERAL.—The Administrator shall de- associated with orbital debris. velop an agency-wide enhanced-use lease policy (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) that— (1) is based upon sound business practices HISTORICAL AND REVISION NOTES and lessons learned from the demonstration centers; and Revised Section Source (U.S. Code) Source (Statutes at Large) (2) establishes controls and procedures to en- sure accountability and protect the interests 31501 ...... 42 U.S.C. 16781. Pub. L. 109–155, title VI, § 601, Dec. 30, 2005, 119 of the Government. Stat. 2931. (b) CONTENTS.—The policy required by sub- section (a) shall include the following: § 31502. Maintenance of facilities (1) CRITERIA FOR DETERMINING ECONOMIC In order to sustain healthy Centers that are VALUE.—Criteria for determining whether en- capable of carrying out the Administration’s hanced-use lease provides better economic missions, the Administrator shall ensure that value to the Government than other options, adequate maintenance and upgrading of those such as— Center facilities is performed on a regular basis. (A) Federal financing through appropria- tions; or (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) (B) sale of the property.

HISTORICAL AND REVISION NOTES (2) SECURITY AND ACCESS.—Requirement for the identification of proposed physical and Revised Section Source (U.S. Code) Source (Statutes at Large) procedural changes needed to ensure security and restrict access to specified areas, coordi- 31502 ...... 42 U.S.C. 17811(a). Pub. L. 110–422, title X, § 1002(a), Oct. 15, 2008, 122 nation of proposed changes with existing site Stat. 4806. tenants, and development of estimated costs of such changes. § 31503. Laboratory productivity (3) MEASURES OF EFFECTIVENESS.—Measures of effectiveness for the enhanced-use lease pro- The Administration’s laboratories are a criti- gram. cal component of the Administration’s research (4) ACCOUNTING CONTROLS.—Accounting con- capabilities, and the Administrator shall ensure trols and procedures to ensure accountability, that those laboratories remain productive. such as an audit trail and documentation to (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) readily support financial transactions. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) Revised Source (U.S. Code) Source (Statutes at Large) 31503 ...... 42 U.S.C. 17812(a). Pub. L. 110–422, title X, Section § 1003(a), Oct. 15, 2008, 122 Stat. 4807. 31505 ...... 42 U.S.C. 17829. Pub. L. 110–422, title XI, § 1117, Oct. 15, 2008, 122 Stat. 4813. § 31504. Cooperative unmanned aerial vehicle ac- tivities Subtitle IV—Aeronautics and Space The Administrator, in cooperation with the Research and Education Administrator of the National Oceanic and At- mospheric Administration and in coordination CHAPTER 401—AERONAUTICS with other agencies that have existing civil ca- SUBCHAPTER I—GENERAL pabilities, shall continue to utilize the capabili- Sec. ties of unmanned aerial vehicles as appropriate 40101. Definition of institution of higher education. Page 47 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40102

Sec. Act of 1976, as amended (42 U.S.C. 6613), section 101(c) of 40102. Governmental interest in aeronautics re- the National Aeronautics and Space Administration search and development. Authorization Act of 2005 (Public Law 109–155), and sec- 40103. Cooperation with other agencies on aero- tion 301 of title 3, United States Code, it is hereby or- nautics activities. dered as follows: 40104. Cooperation among Mission Directorates. SECTION 1. National Aeronautics Research and Develop- SUBCHAPTER II—HIGH PRIORITY AERONAUTICS ment Policy. Continued progress in aeronautics, the RESEARCH AND DEVELOPMENT PROGRAMS science of flight, is essential to America’s economic success and the protection of America’s security inter- 40111. Fundamental research program. ests at home and around the globe. Accordingly, it 40112. Research and technology programs. shall be the policy of the United States to facilitate 40113. Airspace systems research. progress in aeronautics research and development 40114. Aviation safety and security research. (R&D) through appropriate funding and activities of 40115. Aviation weather research. the Federal Government, in cooperation with State, 40116. University-based Centers for Research on territorial, tribal, local, and foreign governments, Aviation Training. international organizations, academic and research in- SUBCHAPTER III—SCHOLARSHIPS stitutions, private organizations, and other entities, as appropriate. The Federal Government shall only under- 40131. Aeronautics scholarships. take roles in supporting aeronautics R&D that are not SUBCHAPTER IV—DATA REQUESTS more appropriately performed by the private sector. The National Aeronautics Research and Development 40141. Aviation data requests. Policy prepared by the National Science and Tech- nology Council should, to the extent consistent with SUBCHAPTER I—GENERAL this order and its implementation, guide the aero- nautics R&D programs of the United States through § 40101. Definition of institution of higher edu- 2020. cation SEC. 2. Functions of the Director of the Office of Science In this chapter, the term ‘‘institution of high- and Technology Policy. To implement the policy set forth in section 1 of this order, the Director of the Of- er education’’ has the meaning given the term fice of Science and Technology Policy (the ‘‘Director’’) by section 101 of the Higher Education Act of shall: 1965 (20 U.S.C. 1001). (a) review the funding and activities of the Federal Government relating to aeronautics R&D; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3378.) (b) recommend to the President, the Director of the HISTORICAL AND REVISION NOTES Office of Management and Budget, and the heads of ex- ecutive departments and agencies, as appropriate, such actions with respect to funding and activities of the Revised Source (U.S. Code) Source (Statutes at Large) Section Federal Government relating to aeronautics R&D as may be necessary to 40101 ...... 42 U.S.C. 16701. Pub. L. 109–155, title IV, § 401, Dec. 30, 2005, 119 (i) advance United States technological leadership in Stat. 2923. aeronautics; (ii) support innovative research leading to significant § 40102. Governmental interest in aeronautics re- advances in aeronautical concepts, technologies, and capabilities; search and development (iii) pursue and develop advanced aeronautics con- Congress reaffirms the national commitment cepts and technologies, including those for advanced to aeronautics research made in chapter 201 of aircraft systems and air transportation management systems, to benefit America’s security and effective this title. Aeronautics research and develop- and efficient national airspace management; ment remains a core mission of the Administra- (iv) maintain and advance United States aeronautics tion. The Administration is the lead agency for research, development, test and evaluation infrastruc- civil aeronautics research. Further, the govern- ture to provide effective experimental and computa- ment of the United States shall promote aero- tional capabilities in support of aeronautics R&D; nautics research and development that will ex- (v) facilitate the educational development of the fu- pand the capacity, ensure the safety, and in- ture aeronautics workforce as needed to further Fed- eral Government interests; crease the efficiency of the Nation’s air trans- (vi) enhance coordination and communication among portation system, promote the security of the executive departments and agencies to maximize the Nation, protect the environment, and retain the effectiveness of Federal Government R&D resources; leadership of the United States in global avia- and tion. (vii) ensure appropriate Federal Government coordi- nation with State, territorial, tribal, local, and foreign (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) governments, international organizations, academic and research institutions, private organizations, and HISTORICAL AND REVISION NOTES other entities. Revised SEC. 3. Implementation of National Aeronautics Research Section Source (U.S. Code) Source (Statutes at Large) and Development Policy. To implement the policy set forth in section 1 of this order, the Director shall: 40102 ...... 42 U.S.C. 16711. Pub. L. 109–155, title IV, § 411, Dec. 30, 2005, 119 (a) develop and, not later than 1 year after the date Stat. 2923. of this order, submit for approval by the President a plan for national aeronautics R&D and for related in- EX. ORD. NO. 13419. NATIONAL AERONAUTICS RESEARCH frastructure, (the ‘‘plan’’), and thereafter submit, not AND DEVELOPMENT less often than biennially, to the President for approval any changes to the plan; Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, pro- (b) monitor and report to the President as appro- vided: priate on the implementation of the approved plan; By the authority vested in me as President by the (c) ensure that executive departments and agencies Constitution and the laws of the United States of conducting aeronautics R&D: America, including section 204 of the National Science (i) obtain and exchange information and advice, as and Technology Policy, Organization, and Priorities appropriate, from organizations and individuals outside § 40103 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 48 the Federal Government in support of Federal Govern- HISTORICAL AND REVISION NOTES ment planning and performance of aeronautics R&D; (ii) develop and implement, as appropriate, measures Revised Section Source (U.S. Code) Source (Statutes at Large) for improving dissemination of R&D results and facili- tating technology transition from R&D to applications; 40103 ...... 42 U.S.C. 16712(b). Pub. L. 110–69, title II, and § 2002(b), Aug. 9, 2007, 121 (iii) identify and promote innovative policies and ap- Stat. 583. proaches that complement and enhance Federal Gov- The words ‘‘Next Generation Air Transportation Sys- ernment aeronautics R&D investment; and tem’’ are inserted before ‘‘Joint Planning and Develop- (d) report to the President on the results of the ef- ment Office’’ for consistency with section 709 of the Vi- forts of executive departments and agencies to imple- sion 100—Century of Aviation Reauthorization Act ment paragraphs (c)(i) through (iii) of this section. (Public Law 108–176, 49 U.S.C. 40101 note). SEC. 4. General Provisions. (a) In implementing this order, the Director shall: § 40104. Cooperation among Mission Directorates (i) obtain as appropriate the assistance of the Na- tional Science and Technology Council in the perform- Research and development activities per- ance of the Director’s functions under this order, con- formed by the Aeronautics Research Mission Di- sistent with Executive Order 12881 of November 23, 1993, rectorate with the primary objective of assisting as amended; in the development of a flight project in another (ii) coordinate as appropriate with the Director of the Mission Directorate shall be funded by the Mis- Office of Management and Budget; and (iii) obtain information and advice from all sources sion Directorate seeking assistance. as appropriate, including individuals associated with (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) academic and research institutions and private organi- zations. HISTORICAL AND REVISION NOTES (b) The functions of the President under subsection Revised (c) of section 101 of the National Aeronautics and Space Section Source (U.S. Code) Source (Statutes at Large) Administration Authorization Act of 2005, except the function of designation, are assigned to the Director of 40104 ...... 42 U.S.C. 17724. Pub. L. 110–422, title III, the Office of Science and Technology Policy. In per- § 307, Oct. 15, 2008, 122 Stat. 4788. forming these assigned functions, the Director shall, as appropriate, consult the Administrator of the National Aeronautics and Space Administration, the Secretary SUBCHAPTER II—HIGH PRIORITY AERO- of Defense, the Secretary of Transportation, the Direc- NAUTICS RESEARCH AND DEVELOPMENT tor of the Office of Management and Budget, and other PROGRAMS heads of executive departments and agencies as appro- priate. The Director also shall ensure that all actions § 40111. Fundamental research program taken in the performance of such functions are consist- (a) OBJECTIVE.—In order to ensure that the Na- ent with the authority set forth in subsections (a) through (d) of section 6 of Executive Order 13346 of July tion maintains needed capabilities in fundamen- 8, 2004. tal areas of aeronautics research, the Adminis- (c) This order shall be implemented in a manner con- trator shall establish a program of long-term sistent with: fundamental research in aeronautical sciences (i) applicable law, including section 102A(i) of the Na- and technologies that is not tied to specific de- tional Security Act of 1947, as amended ([former] 50 velopment projects. U.S.C. 403–1(i)) [now 50 U.S.C. 3024(i)], and subject to (b) OPERATION.—The Administrator shall con- the availability of appropriations; and duct the program under this section, in part by (ii) statutory authority of the principal officers of ex- awarding grants to institutions of higher edu- ecutive departments and agencies as the heads of their respective departments and agencies. cation. The Administrator shall encourage the (d) This order shall not be construed to impair or participation of institutions of higher education otherwise affect the functions of the Director of the Of- located in States that participate in the Experi- fice of Management and Budget relating to budget, ad- mental Program to Stimulate Competitive Re- ministrative, and legislative proposals. search. All grants to institutions of higher edu- (e) This order is not intended to, and does not, create cation under this section shall be awarded any rights or benefits, substantive or procedural, en- through merit review. forceable at law or in equity by a party against the United States, its departments, agencies, instrumental- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) ities, or entities, its officers, employees, or agents, or any other person. HISTORICAL AND REVISION NOTES GEORGE W. BUSH. Revised Section Source (U.S. Code) Source (Statutes at Large)

§ 40103. Cooperation with other agencies on aero- 40111 ...... 42 U.S.C. 16721(a), Pub. L. 109–155, title IV, nautics activities (b). § 421(a), (b), Dec. 30, 2005, 119 Stat. 2924. The Administrator shall coordinate, as appro- priate, the Administration’s aeronautics activi- § 40112. Research and technology programs ties with relevant programs in the Department (a) SUPERSONIC TRANSPORT RESEARCH AND DE- of Transportation, the Department of Defense, VELOPMENT.—The Administrator may establish the Department of Commerce, and the Depart- an initiative with the objective of developing ment of Homeland Security, including the ac- and demonstrating, in a relevant environment, tivities of the Next Generation Air Transpor- airframe and propulsion technologies to enable tation System Joint Planning and Development efficient, economical overland flight of super- Office established under section 709 of the Vision sonic civil transport aircraft with no significant 100—Century of Aviation Reauthorization Act impact on the environment. (Public Law 108–176, 49 U.S.C. 40101 note). (b) ROTORCRAFT AND OTHER RUNWAY-INDEPEND- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) ENT AIR VEHICLES.—The Administrator may es- Page 49 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40114 tablish a rotorcraft and other runway-independ- air breathing single-stage-to-orbit and long range ent air vehicles initiative with the objective of hypersonic cruise research flight vehicle. The program developing and demonstrating improved safety, shall be a research program, and to the extent prac- noise, and environmental impact in a relevant ticable technological information developed shall be transferred to the military and to the domestic civil environment. aviation and other private industries. (c) HYPERSONICS RESEARCH.—The Adminis- ‘‘(b) MANAGEMENT PLAN.— trator may establish a hypersonics research pro- ‘‘(1) The Secretary and the Adminstrator [sic] shall gram with the objective of exploring the science jointly develop a management plan for the program and technology of hypersonic flight using air- established under subsection (a), which shall include breathing propulsion concepts, through a mix of goals, major tasks, anticipated schedules, organiza- theoretical work, basic and applied research, tional structure, funding profiles, details of the re- and development of flight research demonstra- spective responsibilities of the Secretary and the Ad- ministrator, and resource procurement strategies. tion vehicles. The program may also include the ‘‘(2) The management plan developed pursuant to transition to the hypersonic range of Mach 3 to paragraph (1) shall be submitted to the Congress Mach 5. within 120 days after the date of enactment of this (d) REVOLUTIONARY AERONAUTICAL CONCEPTS.— Act [Nov. 16, 1990].’’ The Administrator may establish a research [Pub. L. 101–611, title I, § 127, Nov. 16, 1990, 104 Stat. program which covers a unique range of sub- 3205, provided that: ‘‘For purposes of this title [see sonic, fixed wing vehicles and propulsion con- Tables for classification], the term ‘Administrator’ cepts. This research is intended to push tech- means the Administrator of the National Aeronautics nology barriers beyond current subsonic tech- and Space Administration.’’] nology. Propulsion concepts include advanced § 40113. Airspace systems research materials, morphing engines, hybrid engines, and fuel cells. (a) OBJECTIVE.—The Airspace Systems Re- (e) FUEL CELL-POWERED AIRCRAFT RESEARCH.— search program shall pursue research and devel- (1) OBJECTIVE.—The Administrator may es- opment to enable revolutionary improvements tablish a fuel cell-powered aircraft research to and modernization of the National Airspace program whose objective shall be to develop System, as well as to enable the introduction of and test concepts to enable a hydrogen fuel new systems for vehicles that can take advan- cell-powered aircraft that would have no hy- tage of an improved, modern air transportation drocarbon or nitrogen oxide emissions into the system. environment. (b) ALIGNMENT.—Not later than 1 year after (2) APPROACH.—The Administrator may es- December 30, 2005, the Administrator shall align tablish a program of competitively awarded the projects of the Airspace Systems Research grants available to teams of researchers that program so that they directly support the objec- may include the participation of individuals tives of the Joint Planning and Development Of- from universities, industry, and government fice’s Next Generation Air Transportation Sys- for the conduct of this research. tem Integrated Plan. (f) MARS AIRCRAFT RESEARCH.— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3380.) (1) OBJECTIVE.—The Administrator may es- tablish a Mars Aircraft project whose objec- HISTORICAL AND REVISION NOTES tive shall be to develop and test concepts for Revised Source (U.S. Code) Source (Statutes at Large) an uncrewed aircraft that could operate for Section sustained periods in the atmosphere of Mars. 40113 ...... 42 U.S.C. 16723. Pub. L. 109–155, title IV, (2) APPROACH.—The Administrator may es- § 423, Dec. 30, 2005, 119 tablish a program of competitively awarded Stat. 2925. grants available to teams of researchers that In subsection (b), the date ‘‘December 30, 2005’’ is sub- may include the participation of individuals stituted for ‘‘the date of enactment of this Act’’ to re- from universities, industry, and government flect the date of enactment of the National Aeronautics for the conduct of this research. and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) § 40114. Aviation safety and security research HISTORICAL AND REVISION NOTES (a) OBJECTIVE.—The Aviation Safety and Secu- Revised Section Source (U.S. Code) Source (Statutes at Large) rity Research program shall pursue research and development activities that directly address the 40112(a) ...... 42 U.S.C. 16722(b). Pub. L. 109–155, title IV, § 422(b)–(g), Dec. 30, 2005, safety and security needs of the National Air- 119 Stat. 2925. space System and the aircraft that fly in it. The 40112(b) ...... 42 U.S.C. 16722(c). 40112(c) ...... 42 U.S.C. 16722(d). program shall develop prevention, intervention, 40112(d) ...... 42 U.S.C. 16722(e). and mitigation technologies aimed at causal, 40112(e) ...... 42 U.S.C. 16722(f). 40112(f) ...... 42 U.S.C. 16722(g). contributory, or circumstantial factors of avia- tion accidents. NATIONAL AERO-SPACE PLANE PROGRAM (b) ALIGNMENT.—Not later than 1 year after Pub. L. 101–611, title I, § 116, Nov. 16, 1990, 104 Stat. December 30, 2005, the Administrator shall align 3202, provided that: the projects of the Aviation Safety and Security ‘‘(a) NATIONAL AERO-SPACE PLANE PROGRAM.—The Research program so that they directly support Secretary of Defense (hereafter in this section referred the objectives of the Joint Planning and Devel- to as the ‘Secretary’) and the Administrator shall opment Office’s Next Generation Air Transpor- jointly pursue on a high priority basis a National Aero- tation System Integrated Plan. Space Plane program whose objective shall be the de- velopment and demonstration, by 1997, of a primarily (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3380.) § 40115 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 50

HISTORICAL AND REVISION NOTES clarity. There are references to both ‘‘Centers for Re- search on Aviation Training’’ and ‘‘Administration Revised Centers’’ in subsection (a). Section Source (U.S. Code) Source (Statutes at Large) In subsection (d)(1), the words ‘‘proposed in the appli- 40114 ...... 42 U.S.C. 16724. Pub. L. 109–155, title IV, cation submitted under subsection (c)’’ are substituted § 424, Dec. 30, 2005, 119 for ‘‘proposed by the Center in its application under Stat. 2926. subsection (c)’’ for clarity. Under section (c), applica- In subsection (b), the date ‘‘December 30, 2005’’ is sub- tions are filed by an institution of higher education (or stituted for ‘‘the date of enactment of this Act’’ to re- a consortium of such institutions) seeking funding, and flect the date of enactment of the National Aeronautics not by the Center for which such funding is sought. and Space Administration Authorization Act of 2005 SUBCHAPTER III—SCHOLARSHIPS (Public Law 109–155, 119 Stat. 2895). § 40115. Aviation weather research § 40131. Aeronautics scholarships The Administrator may carry out a program (a) ESTABLISHMENT.—The Administrator shall of collaborative research with the National Oce- establish a program of scholarships for full-time anic and Atmospheric Administration on con- graduate students who are United States citi- vective weather events, with the goal of signifi- zens and are enrolled in, or have been accepted cantly improving the reliability of 2-hour to 6- by and have indicated their intention to enroll hour aviation weather forecasts. in, accredited Masters degree programs in aero- nautical engineering or equivalent programs at (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.) institutions of higher education. Each such HISTORICAL AND REVISION NOTES scholarship shall cover the costs of room, board, tuition, and fees, and may be provided for a Revised Section Source (U.S. Code) Source (Statutes at Large) maximum of 2 years. (b) IMPLEMENTATION.—Not later than 180 days 40115 ...... 42 U.S.C. 16725. Pub. L. 109–155, title IV, § 425, Dec. 30, 2005, 119 after December 30, 2005, the Administrator shall Stat. 2926. publish regulations governing the scholarship program under this section. § 40116. University-based Centers for Research (c) COOPERATIVE TRAINING OPPORTUNITIES.— on Aviation Training Students who have been awarded a scholarship under this section shall have the opportunity for (a) IN GENERAL.—The Administrator shall paid employment at one of the Administration award grants to institutions of higher education Centers engaged in aeronautics research and de- (or consortia thereof) to establish one or more velopment during the summer prior to the first Centers for Research on Aviation Training under cooperative agreements with appropriate Ad- year of the student’s Masters program, and be- ministration Centers. tween the first and second year, if applicable. (b) PURPOSE.—The purpose of the Centers for (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.) Research on Aviation Training shall be to inves- tigate the impact of new technologies and proce- HISTORICAL AND REVISION NOTES dures, particularly those related to the aircraft Revised Source (U.S. Code) Source (Statutes at Large) flight deck and to the air traffic management Section functions, on training requirements for pilots 40131 ...... 42 U.S.C. 16741. Pub. L. 109–155, title IV, and air traffic controllers. § 431, Dec. 30, 2005, 119 (c) APPLICATION.—An institution of higher Stat. 2927. education (or a consortium of such institutions) seeking funding under this section shall submit In subsection (b), the date ‘‘December 30, 2005’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- an application to the Administrator at such flect the date of enactment of the National Aeronautics time, in such manner, and containing such in- and Space Administration Authorization Act of 2005 formation as the Administrator may require, in- (Public Law 109–155, 119 Stat. 2895). cluding, at a minimum, a 5-year research plan. (d) AWARD DURATION.—An award made by the SUBCHAPTER IV—DATA REQUESTS Administrator under this section shall be for a period of 5 years and may be renewed on the § 40141. Aviation data requests basis of— The Administrator shall make available upon (1) satisfactory performance in meeting the request satellite imagery and aerial photog- goals of the research plan proposed in the ap- raphy of remote terrain that the Administration plication submitted under subsection (c); and owns at the time of the request to the Adminis- (2) other requirements as specified by the trator of the Federal Aviation Administration Administrator. or the Director of the Five Star Medallion Pro- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.) gram, to assist and train pilots in navigating challenging topographical features of such ter- HISTORICAL AND REVISION NOTES rain. Revised Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3382.)

40116 ...... 42 U.S.C. 16727. Pub. L. 109–155, title IV, HISTORICAL AND REVISION NOTES § 427, Dec. 30, 2005, 119 Stat. 2926; Pub. L. 110–422, Revised title III, § 308, Oct. 15, 2008, Section Source (U.S. Code) Source (Statutes at Large) 122 Stat. 4788. 40141 ...... 42 U.S.C. 16751. Pub. L. 109–155, title IV, In subsection (b), the words ‘‘Centers for Research on § 441, Dec. 30, 2005, 119 Aviation Training’’ are substituted for ‘‘Centers’’ for Stat. 2927. Page 51 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40302

CHAPTER 403—NATIONAL SPACE GRANT ‘‘(1) the vitality of the Nation and the quality of COLLEGE AND FELLOWSHIP PROGRAM life of the citizens of the Nation depend increasingly on the understanding, assessment, development, and Sec. utilization of space resources; 40301. Purposes. ‘‘(2) research and development of space science, 40302. Definitions. space technology, and space commercialization will 40303. National space grant college and fellowship contribute to the quality of life, national security, program. and the enhancement of commerce; 40304. Grants or contracts. ‘‘(3) the understanding and development of the 40305. Specific national needs. 40306. Space grant college and space grant regional space frontiers require a broad commitment and an consortium. intense involvement on the part of the Federal Gov- 40307. Space grant fellowship program. ernment in partnership with State and local govern- 40308. Space grant review panel. ments, private industry, universities, organizations, 40309. Availability of other Federal personnel and and individuals concerned with the exploration and data. utilization of space; 40310. Designation or award to be on competitive ‘‘(4) the National Aeronautics and Space Adminis- basis. tration, through the national space grant college and 40311. Continuing emphasis. fellowship program, offers the most suitable means for such commitment and involvement through the § 40301. Purposes promotion of activities that will result in greater un- The purposes of this chapter are to— derstanding, assessment, development, and utiliza- (1) increase the understanding, assessment, tion; and ‘‘(5) Federal support of the establishment, develop- development, and utilization of space re- ment, and operation of programs and projects by sources by promoting a strong educational space grant colleges, space grant regional consortia, base, responsive research and training activi- institutions of higher education, institutes, labora- ties, and broad and prompt dissemination of tories, and other appropriate public and private enti- knowledge and techniques; ties is the most cost-effective way to promote such (2) utilize the abilities and talents of the activities.’’ universities of the Nation to support and con- [For definition of terms used in section 202 of Pub. L. tribute to the exploration and development of 100–147, set out above, see section 204 of Pub. L. 100–147, title II, Oct. 30, 1987, 101 Stat. 870, which was classified the resources and opportunities afforded by to former section 2486b of Title 42, The Public Health the space environment; and Welfare, and was repealed and reenacted as section (3) encourage and support, within the univer- 40302 of this title by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, sity community of the Nation, the existence of 124 Stat. 3328, 3444.] interdisciplinary and multidisciplinary pro- grams of space research that— § 40302. Definitions (A) engage in integrated activities of In this chapter: training, research, and public service; (1) AERONAUTICAL AND SPACE ACTIVITIES.— (B) have cooperative programs with indus- The term ‘‘aeronautical and space activities’’ try; and has the meaning given the term in section (C) are coordinated with the overall pro- 20103 of this title. gram of the Administration; (2) FIELD RELATED TO SPACE.—The term (4) encourage and support the existence of ‘‘field related to space’’ means any academic consortia, made up of university and industry discipline or field of study (including the phys- members, in order to advance the exploration ical, natural, and biological sciences, and engi- and development of space resources in cases in neering, space technology, education, eco- which national objectives can be better ful- nomics, sociology, communications, planning, filled through such consortia than through the law, international affairs, and public adminis- programs of single universities; tration) which is concerned with or likely to (5) encourage and support Federal funding improve the understanding, assessment, devel- for graduate fellowships in fields related to opment, and utilization of space. space; and (3) PANEL.—The term ‘‘panel’’ means the (6) support activities in colleges and univer- space grant review panel established pursuant sities generally for the purpose of creating and to section 40308 of this title. operating a network of institutional programs (4) PERSON.—The term ‘‘person’’ means any that will enhance achievements resulting from individual, any public or private corporation, efforts under this chapter. partnership, or other association or entity (in- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3382.) cluding any space grant college, space grant regional consortium, institution of higher edu- HISTORICAL AND REVISION NOTES cation, institute, or laboratory), or any State, political subdivision of a State, or agency or Revised Section Source (U.S. Code) Source (Statutes at Large) officer of a State or political subdivision of a State. 40301 ...... 42 U.S.C. 2486a. Pub. L. 100–147, title II, § 203, Oct. 30, 1987, 101 Stat. 869. (5) SPACE ENVIRONMENT.—The term ‘‘space environment’’ means the environment beyond In paragraph (3), the word ‘‘that’’ is substituted for the sensible atmosphere of the Earth. ‘‘, to’’ for clarity. (6) SPACE GRANT COLLEGE.—The term ‘‘space In paragraph (4), the words ‘‘in order to’’ are sub- grant college’’ means any public or private in- stituted for ‘‘to’’, and the words ‘‘through such consor- tia’’ are added, for clarity. stitution of higher education which is des- ignated as such by the Administrator pursuant CONGRESSIONAL STATEMENT OF FINDINGS to section 40306 of this title. Pub. L. 100–147, title II, § 202, Oct. 30, 1987, 101 Stat. (7) SPACE GRANT PROGRAM.—The term ‘‘space 869, provided that: ‘‘The Congress finds that— grant program’’ means any program that— § 40303 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 52

(A) is administered by any space grant col- (4) encourage other Federal departments, lege, space grant regional consortium, insti- agencies, and instrumentalities to use and tution of higher education, institute, labora- take advantage of the expertise and capabili- tory, or State or local agency; and ties which are available through the national (B) includes 2 or more projects involving space grant college and fellowship program, on education and one or more of the following a cooperative or other basis; activities in the fields related to space: (5) encourage cooperation and coordination (i) Research. with other Federal programs concerned with (ii) Training. the development of space resources and fields (iii) Advisory services. related to space; (8) SPACE GRANT REGIONAL CONSORTIUM.—The (6) advise the Administrator on the designa- term ‘‘space grant regional consortium’’ tion of recipients supported by the national means any association or other alliance that space grant college and fellowship program is designated as a space grant regional consor- and, in appropriate cases, on the termination tium by the Administrator pursuant to section or suspension of any such designation; and 40306 of this title. (7) encourage the formation and growth of (9) SPACE RESOURCE.—The term ‘‘space re- space grant and fellowship programs. source’’ means any tangible or intangible ben- (c) GENERAL AUTHORITIES.—To carry out the efit which can be realized only from— provisions of this chapter, the Administrator (A) aeronautical and space activities; or may— (B) advancements in any field related to (1) accept conditional or unconditional gifts space. or donations of services, money, or property, (10) STATE.—The term ‘‘State’’ means any real, personal or mixed, tangible or intangible; State of the United States, the District of Co- (2) accept and use funds from other Federal lumbia, the Commonwealth of Puerto Rico, departments, agencies, and instrumentalities the Virgin Islands, Guam, American Samoa, to pay for fellowships, grants, contracts, and the Commonwealth of the Northern Mariana other transactions; and Islands, or any other territory or possession of (3) issue such rules and regulations as may the United States. be necessary and appropriate. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3383.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3383.)

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large) Section

40302 ...... 42 U.S.C. 2486b. Pub. L. 100–147, title II, § 204, 40303 ...... 42 U.S.C. 2486c. Pub. L. 100–147, title II, § 205, Oct. 30, 1987, 101 Stat. 870. Oct. 30, 1987, 101 Stat. 871.

The definitions of ‘‘Administration’’ and ‘‘Adminis- § 40304. Grants or contracts trator’’ in section 204 of the National Space Grant Col- lege and Fellowship Act (Public Law 100–147, title II, (a) AUTHORITY OF ADMINISTRATOR.—The Ad- 101 Stat. 870) are omitted as unnecessary because of the ministrator may make grants and enter into definitions added by section 10101 of title 51. contracts or other transactions under this sub- section to assist any space grant and fellowship § 40303. National space grant college and fellow- program or project if the Administrator finds ship program that the program or project will carry out the (a) ESTABLISHMENT.—The Administrator shall purposes set forth in section 40301 of this title. establish and maintain, within the Administra- The total amount paid pursuant to a grant or tion, a program to be known as the national contract may equal not more than 66 percent of space grant college and fellowship program. The the total cost of the space grant and fellowship national space grant college and fellowship pro- program or project involved, except in the case gram shall consist of the financial assistance of grants or contracts paid for with funds ac- and other activities provided for in this chapter. cepted by the Administrator pursuant to section The Administrator shall establish long-range 40303(c)(2) of this title. planning guidelines and priorities, and ade- (b) SPECIAL GRANTS.—The Administrator may quately evaluate the program. make special grants under this subsection to (b) FUNCTIONS.—Within the Administration, carry out the purposes set forth in section 40301 the program shall— of this title. The amount of a special grant may (1) apply the long-range planning guidelines equal up to 100 percent of the total cost of the and the priorities established by the Adminis- project involved. A special grant may be made trator under subsection (a); under this subsection only if the Administrator (2) advise the Administrator with respect to finds that— the expertise and capabilities which are avail- (1) no reasonable means is available through able through the national space grant college which the applicant can meet the matching re- and fellowship program, and make such exper- quirement for a grant under subsection (a); tise available to the Administration as di- (2) the probable benefit of the project out- rected by the Administrator; weighs the public interest in the matching re- (3) evaluate activities conducted under quirement; and grants and contracts awarded pursuant to sec- (3) the same or equivalent benefit cannot be tions 40304 and 40305 of this title to ensure that obtained through the award of a contract or the purposes set forth in section 40301 of this grant under subsection (a) or section 40305 of title are implemented; this title. Page 53 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40306

(c) APPLICATION.—Any person may apply to Administrator may make grants or enter into the Administrator for a grant or contract under contracts under this section with respect to this section. Application shall be made in such such needs or problems. The amount of any such form and manner, and with such content and grant or contract may equal up to 100 percent of other submissions, as the Administrator shall by the total cost of the project involved. regulation prescribe. (b) APPLICATIONS FOR GRANTS OR CONTRACTS.— (d) TERMS AND CONDITIONS.— Any person may apply to the Administrator for (1) IN GENERAL.—Any grant made, or con- a grant or contract under this section. In addi- tract entered into, under this section shall be tion, the Administrator may invite applications subject to the limitations and provisions set with respect to specific national needs or prob- forth in paragraphs (2) and (3) and to such lems identified under subsection (a). Application other terms, conditions, and requirements as shall be made in such form and manner, and the Administrator considers necessary or ap- with such content and other submissions, as the propriate. Administrator shall by regulation prescribe. (2) LIMITATIONS.—No payment under any Any grant made, or contract entered into, under grant or contract under this section may be this section shall be subject to the limitations applied to— and provisions set forth in paragraphs (2) and (4) (A) the purchase of any land; of section 40304(d) of this title and to such other (B) the purchase, construction, preserva- terms, conditions, and requirements as the Ad- tion, or repair of any building; or ministrator considers necessary or appropriate. (C) the purchase or construction of any launch facility or launch vehicle. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3385.) (3) LEASES.—Notwithstanding paragraph (2), HISTORICAL AND REVISION NOTES the items in subparagraphs (A), (B), and (C) of Revised such paragraph may be leased upon written Section Source (U.S. Code) Source (Statutes at Large) approval of the Administrator. 40305 ...... 42 U.S.C. 2486e. Pub. L. 100–147, title II, § 207, (4) RECORDS.—Any person that receives or Oct. 30, 1987, 101 Stat. 873. utilizes any proceeds of any grant or contract under this section shall keep such records as In subsection (a), the words ‘‘up to 100 percent’’ are the Administrator shall by regulation pre- substituted for ‘‘100 percent, or any lesser percent’’ to scribe as being necessary and appropriate to eliminate unnecessary words. facilitate effective audit and evaluation, in- § 40306. Space grant college and space grant re- cluding records which fully disclose the gional consortium amount and disposition by such recipient of such proceeds, the total cost of the program or (a) DESIGNATION AND QUALIFICATIONS.— project in connection with which such pro- (1) AUTHORITY TO DESIGNATE.—The Adminis- ceeds were used, and the amount, if any, of trator may designate— such cost which was provided through other (A) any institution of higher education as sources. Such records shall be maintained for a space grant college; and 3 years after the completion of such a program (B) any association or other alliance of 2 or project. The Administrator and the Comp- or more persons, other than individuals, as a troller General of the United States, or any of space grant regional consortium. their duly authorized representatives, shall (2) SPACE GRANT COLLEGE REQUIREMENTS.—No have access, for the purpose of audit and eval- institution of higher education may be des- uation, to any books, documents, papers, and ignated as a space grant college unless the Ad- records of receipts which, in the opinion of the ministrator finds that such institution— Administrator or the Comptroller General, (A) is maintaining a balanced program of may be related or pertinent to such grants and research, education, training, and advisory contracts. services in fields related to space; (B) will act in accordance with such guide- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3384.) lines as are prescribed under subsection HISTORICAL AND REVISION NOTES (b)(2); and (C) meets such other qualifications as the Revised Section Source (U.S. Code) Source (Statutes at Large) Administrator considers necessary or appro- priate. 40304 ...... 42 U.S.C. 2486d. Pub. L. 100–147, title II, § 206, Oct. 30, 1987, 101 Stat. 872. (3) SPACE GRANT REGIONAL CONSORTIUM RE- QUIREMENTS.—No association or other alliance In subsection (a), the words ‘‘not more than 66 per- of 2 or more persons may be designated as a cent’’ are substituted for ‘‘66 percent, or any lesser per- cent’’, and the word ‘‘except’’ is substituted for ‘‘except space grant regional consortium unless the that this limitation shall not apply’’, for clarity and to Administrator finds that such association or eliminate unnecessary words. alliance— In subsection (b), the words ‘‘up to 100 percent’’ are (A) is established for the purpose of shar- substituted for ‘‘100 percent, or any lesser percent’’ to ing expertise, research, educational facili- eliminate unnecessary words. ties or training facilities, and other capabili- ties in order to facilitate research, edu- § 40305. Specific national needs cation, training, and advisory services in (a) IDENTIFICATION OF SPECIFIC NEEDS AND any field related to space; GRANT-MAKING AND CONTRACTING AUTHORITY.— (B) will encourage and follow a regional The Administrator shall identify specific na- approach to solving problems or meeting tional needs and problems relating to space. The needs relating to space, in cooperation with § 40307 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 54

appropriate space grant colleges, space grant the space grant review panel, which shall not be programs, and other persons in the region; subject to the provisions of the Federal Advi- (C) will act in accordance with such guide- sory Committee Act (5 App. U.S.C.). lines as are prescribed under subsection (b) DUTIES.—The panel shall take such steps as (b)(2); and may be necessary to review, and shall advise the (D) meets such other qualifications as the Administrator with respect to— Administrator considers necessary or appro- priate. (1) applications or proposals for, and per- formance under, grants and contracts awarded (b) QUALIFICATIONS AND GUIDELINES.—The Ad- pursuant to sections 40304 and 40305 of this ministrator shall by regulation prescribe— title; (1) the qualifications required to be met (2) the space grant fellowship program; under paragraphs (2)(C) and (3)(D) of sub- section (a); and (3) the designation and operation of space (2) guidelines relating to the activities and grant colleges and space grant regional con- responsibilities of space grant colleges and sortia, and the operation of space grant and space grant regional consortia. fellowship programs; (4) the formulation and application of the (c) SUSPENSION OR TERMINATION OF DESIGNA- planning guidelines and priorities pursuant to TION.—The Administrator may, for cause and subsections (a) and (b)(1) of section 40303 of after an opportunity for hearing, suspend or ter- this title; and minate any designation under subsection (a). (5) such other matters as the Administrator (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3386.) refers to the panel for review and advice. HISTORICAL AND REVISION NOTES (c) PERSONNEL AND ADMINISTRATIVE SERV- ICES.—The Administrator shall make available Revised Source (U.S. Code) Source (Statutes at Large) Section to the panel any information, personnel, and ad- 40306 ...... 42 U.S.C. 2486f. Pub. L. 100–147, title II, § 208, ministrative services and assistance which is Oct. 30, 1987, 101 Stat. 873. reasonable to carry out the duties of the panel. (d) MEMBERS.— § 40307. Space grant fellowship program (1) APPOINTMENT.—The Administrator shall (a) AWARD OF FELLOWSHIPS.—The Adminis- appoint the voting members of the panel. A trator shall support a space grant fellowship majority of the voting members shall be indi- program to provide educational and training as- viduals who, by reason of knowledge, experi- sistance to qualified individuals at the graduate ence, or training, are especially qualified in level of education in fields related to space. one or more of the disciplines and fields relat- Such fellowships shall be awarded pursuant to ed to space. The other voting members shall guidelines established by the Administrator. be individuals who, by reason of knowledge, Space grant fellowships shall be awarded to indi- experience, or training, are especially quali- viduals at space grant colleges, space grant re- fied in, or representative of, education, exten- gional consortia, other colleges and institutions sion services, State government, industry, of higher education, professional associations, economics, planning, or any other activity re- and institutes in such a manner as to ensure lated to efforts to enhance the understanding, wide geographic and institutional diversity in assessment, development, or utilization of the pursuit of research under the fellowship pro- space resources. The Administrator shall con- gram. sider the potential conflict of interest of any (b) LIMITATION ON AMOUNT PROVIDED.—The individual in making appointments to the total amount which may be provided for grants panel. under the space grant fellowship program during (2) CHAIRMAN AND VICE CHAIRMAN.—The Ad- any fiscal year shall not exceed an amount equal ministrator shall select one voting member to to 50 percent of the total funds appropriated for serve as the Chairman and another voting such year pursuant to this chapter. member to serve as the Vice Chairman. The (c) AUTHORITY TO SPONSOR OTHER RESEARCH Vice Chairman shall act as Chairman in the FELLOWSHIP PROGRAMS UNAFFECTED.—Nothing absence or incapacity of the Chairman. in this section shall be construed to prohibit the Administrator from sponsoring any research fel- (3) REIMBURSEMENT FOR EXPENSES.—Voting lowship program, including any special empha- members of the panel who are not Federal em- sis program, which is established under an au- ployees shall be reimbursed for actual and rea- thority other than this chapter. sonable expenses incurred in the performance of such duties. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387.) (4) MEETINGS.—The panel shall meet on a bi- HISTORICAL AND REVISION NOTES annual basis and, at any other time, at the call of the Chairman or upon the request of a Revised Section Source (U.S. Code) Source (Statutes at Large) majority of the voting members or of the Ad- ministrator. 40307 ...... 42 U.S.C. 2486g. Pub. L. 100–147, title II, § 209, Oct. 30, 1987, 101 Stat. 874. (5) POWERS.—The panel may exercise such powers as are reasonably necessary in order to § 40308. Space grant review panel carry out the duties enumerated in subsection (b). (a) ESTABLISHMENT.—The Administrator shall establish an independent committee known as (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387.) Page 55 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40501

HISTORICAL AND REVISION NOTES participate in the Administration’s aeronautics and space projects by supporting and enhancing Revised Section Source (U.S. Code) Source (Statutes at Large) science and engineering education, research, and public outreach efforts. 40308 ...... 42 U.S.C. 2486h. Pub. L. 100–147, title II, § 210, Oct. 30, 1987, 101 Stat. 874. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.)

In subsection (a), the word ‘‘provisions’’ is sub- HISTORICAL AND REVISION NOTES stituted for ‘‘provisons’’ to correct an error in the law. Revised Source (U.S. Code) Source (Statutes at Large) REFERENCES IN TEXT Section The Federal Advisory Committee Act, referred to in 40311 ...... 42 U.S.C. 17781(c). Pub. L. 110–422, title VII, subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, § 704(c), Oct. 15, 2008, 122 Stat. 4803. which is set out in the Appendix to Title 5, Government Organization and Employees. CHAPTER 405—BIOMEDICAL RESEARCH IN § 40309. Availability of other Federal personnel SPACE and data Sec. Each department, agency, or other instrumen- 40501. Biomedical research joint working group. 40502. Biomedical research grants. tality of the Federal Government that is en- 40503. Biomedical research fellowships. gaged in or concerned with, or that has author- 40504. Establishment of electronic data archive. ity over, matters relating to space— 40505. Establishment of emergency medical service (1) may, upon a written request from the Ad- telemedicine capability. ministrator, make available, on a reimburs- able basis or otherwise, any personnel (with § 40501. Biomedical research joint working group their consent and without prejudice to their (a) ESTABLISHMENT.—The Administrator and position and rating), service, or facility which the Director of the National Institutes of Health the Administrator considers necessary to shall jointly establish a working group to coor- carry out any provision of this chapter; dinate biomedical research activities in areas (2) may, upon a written request from the Ad- where a microgravity environment may contrib- ministrator, furnish any available data or ute to significant progress in the understanding other information which the Administrator and treatment of diseases and other medical considers necessary to carry out any provision conditions. The joint working group shall for- of this chapter; and mulate joint and complementary programs in (3) may cooperate with the Administration. such areas of research. (b) MEMBERSHIP.—The joint working group (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.) shall include equal representation from the Ad- HISTORICAL AND REVISION NOTES ministration and the National Institutes of Health, and shall include representation from Revised Section Source (U.S. Code) Source (Statutes at Large) National Institutes of Health councils, as se- lected by the Director of the National Institutes 40309 ...... 42 U.S.C. 2486i. Pub. L. 100–147, title II, § 211, Oct. 30, 1987, 101 Stat. 875. of Health, and from the National Aeronautics and Space Administration Advisory Council. (c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.— § 40310. Designation or award to be on competi- The joint working group shall organize annual tive basis symposia on biomedical research described in The Administrator shall not under this chap- subsection (a) under the joint sponsorship of the ter designate any space grant college or space Administration and the National Institutes of grant regional consortium or award any fellow- Health. ship, grant, or contract unless such designation (d) ANNUAL REPORTING REQUIREMENT.—The or award is made in accordance with the com- joint working group shall report annually to petitive, merit-based review process employed Congress on its progress in carrying out this sec- by the Administration on October 30, 1987. tion. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.)

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large) Section

40310 ...... 42 U.S.C. 2486k. Pub. L. 100–147, title II, § 213, 40501 ...... 42 U.S.C. 2487a. Pub. L. 102–588, title VI, Oct. 30, 1987, 101 Stat. 875. § 602, Nov. 4, 1992, 106 Stat. 5130. The date ‘‘October 30, 1987’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of en- FINDINGS actment of the National Space Grant College and Fel- Pub. L. 102–588, title VI, § 601, Nov. 4, 1992, 106 Stat. lowship Act, which is title II of the National Aero- 5130, provided that: ‘‘The Congress finds that— nautics and Space Administration Authorization Act of ‘‘(1) the space program can make significant con- 1988 (Public Law 100–147, 101 Stat. 860). tributions to selected areas of health-related research and should be an integral part of the Nation’s health § 40311. Continuing emphasis research and development program; ‘‘(2) the continuing development of trained sci- The Administration shall continue its empha- entists and engineers is essential to carrying out an sis on the importance of education to expand op- effective and sustained program of biomedical re- portunities for Americans to understand and search in space and on the ground; § 40502 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 56

‘‘(3) the establishment and maintenance of an elec- HISTORICAL AND REVISION NOTES tronically accessible archive of data on space-related biomedical research is essential to advancement of Revised Section Source (U.S. Code) Source (Statutes at Large) the field; ‘‘(4) cooperation with the republics of the former 40504 ...... 42 U.S.C. 2487e. Pub. L. 102–588, title VI, Soviet Union, including use of former Soviet orbital § 606, Nov. 4, 1992, 106 Stat. facilities, offers the potential for greatly enhanced 5131. biomedical research activities and progress; and ‘‘(5) the establishment and maintenance of an inter- § 40505. Establishment of emergency medical national telemedicine consultation satellite capabil- service telemedicine capability ity to support emergency medical service provision can provide an important aid to disaster relief ef- The Administrator, the Administrator of the forts.’’ Federal Emergency Management Agency, the Director of the Office of Foreign Disaster Assist- ance, and the Surgeon General of the United § 40502. Biomedical research grants States shall jointly create and maintain an (a) ESTABLISHMENT OF PROGRAM.—The Admin- international telemedicine satellite consulta- istrator and the Director of the National Insti- tion capability to support emergency medical tutes of Health shall establish a joint program services in disaster-stricken areas. of biomedical research grants in areas described (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) in section 40501(a) of this title, where such re- search requires access to a microgravity envi- HISTORICAL AND REVISION NOTES ronment. Such program shall be consistent with Revised actions taken by the joint working group under Section Source (U.S. Code) Source (Statutes at Large) section 40501 of this title. 40505 ...... 42 U.S.C. 2487f. Pub. L. 102–588, title VI, (b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.— § 607, Nov. 4, 1992, 106 Stat. The grants program established under sub- 5131; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 section (a) shall annually issue joint research Stat. 1410. opportunity announcements under the sponsor- ship of the National Institutes of Health and the The words ‘‘Office of Foreign Disaster Assistance’’ Administration. Responses to the announce- are substituted for ‘‘Office of Foreign Disaster’’ to cor- ments shall be evaluated by a peer review com- rect an error in the law. mittee whose members shall be selected by the CHAPTER 407—ENVIRONMENTALLY Director of the National Institutes of Health and FRIENDLY AIRCRAFT the Administrator, and shall include individuals not employed by the Administration or the Na- Sec. 40701. Research and development initiative. tional Institutes of Health. 40702. Additional research and development initia- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) tive. 40703. Research alignment. HISTORICAL AND REVISION NOTES 40704. Research program on perceived impact of sonic booms. Revised Source (U.S. Code) Source (Statutes at Large) Section § 40701. Research and development initiative 40502 ...... 42 U.S.C. 2487b. Pub. L. 102–588, title VI, The Administrator may establish an initiative § 603, Nov. 4, 1992, 106 Stat. 5130. with the objective of developing, and dem- onstrating in a relevant environment, tech- nologies to enable the following commercial air- § 40503. Biomedical research fellowships craft performance characteristics: (1) NOISE LEVELS.—Noise levels on takeoff The Administrator and the Director of the Na- and on airport approach and landing that do tional Institutes of Health shall create a joint not exceed ambient noise levels in the absence program of graduate research fellowships in bio- of flight operations in the vicinity of airports medical research described in section 40501(a) of from which such commercial aircraft would this title. Fellowships under such program may normally operate. provide for participation in approved research (2) ENERGY CONSUMPTION.—Twenty-five per- conferences and symposia. cent reduction in the energy required for (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) medium- to long-range flights, compared to aircraft in commercial service as of December HISTORICAL AND REVISION NOTES 30, 2005. Revised (3) EMISSIONS.—Nitrogen oxides on take-off Section Source (U.S. Code) Source (Statutes at Large) and landing that are significantly reduced, 40503 ...... 42 U.S.C. 2487c. Pub. L. 102–588, title VI, without adversely affecting hydrocarbons and § 604, Nov. 4, 1992, 106 Stat. smoke, relative to aircraft in commercial 5131. service as of December 30, 2005. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.) § 40504. Establishment of electronic data archive HISTORICAL AND REVISION NOTES The Administrator shall create and maintain Revised a national electronic data archive for bio- Section Source (U.S. Code) Source (Statutes at Large) medical research data obtained from space- 40701 ...... 42 U.S.C. 16722(a). Pub. L. 109–155, title IV, based experiments. § 422(a), Dec. 30, 2005, 119 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) Stat. 2924. Page 57 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40704

In paragraphs (2) and (3), the date ‘‘December 30, booms. The data could enable the promulgation 2005’’ is substituted for ‘‘the date of enactment of this of appropriate standards for overland commer- Act’’ to reflect the date of enactment of the National cial supersonic flight operations. Aeronautics and Space Administration Authorization (b) COORDINATION.—The Administrator shall Act of 2005 (Public Law 109–155, 119 Stat. 2895). ensure that sonic boom research is coordinated § 40702. Additional research and development as appropriate with the Administrator of the initiative Federal Aviation Administration, and as appro- priate make use of the expertise of the Partner- The Administrator shall establish an initia- ship for Air Transportation Noise and Emissions tive involving the Administration, universities, Reduction Center of Excellence sponsored by the industry, and other research organizations as Administration and the Federal Aviation Ad- appropriate, of research, development, and dem- ministration. onstration, in a relevant environment, of tech- nologies to enable the following commercial air- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391.) craft performance characteristics: HISTORICAL AND REVISION NOTES (1) NOISE LEVELS.—Noise levels on takeoff Revised and on airport approach and landing that do Source (U.S. Code) Source (Statutes at Large) not exceed ambient noise levels in the absence Section of flight operations in the vicinity of airports 40704(a) ...... 42 U.S.C. 17723(b). Pub. L. 110–422, title III, from which such commercial aircraft would § 304(b), (c), Oct. 15, 2008, 122 Stat. 4787. normally operate, without increasing energy 40704(b) ...... 42 U.S.C. 17723(c). consumption or nitrogen oxide emissions com- pared to aircraft in commercial service as of PURPOSE October 15, 2008. Pub. L. 110–422, title III, § 304(a), Oct. 15, 2008, 122 Stat. (2) GREENHOUSE GAS EMISSIONS.—Significant 4787, provided that: ‘‘The ability to fly commercial air- reductions in greenhouse gas emissions com- craft over land at supersonic speeds without adverse pared to aircraft in commercial services as of impacts on the environment or on local communities October 15, 2008. would open new markets and enable new transportation capabilities. In order to have the basis for establishing (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.) appropriate sonic boom standards for such flight oper- ations, a research program is needed to assess the im- HISTORICAL AND REVISION NOTES pact in a relevant environment of commercial super- sonic flight operations.’’ Revised Section Source (U.S. Code) Source (Statutes at Large) CHAPTER 409—MISCELLANEOUS 40702 ...... 42 U.S.C. 17721. Pub. L. 110–422, title III, § 302, Oct. 15, 2008, 122 Sec. Stat. 4786. 40901. Science, Space, and Technology Education Trust Fund. In paragraphs (1) and (2), the date ‘‘October 15, 2008’’ 40902. National Aeronautics and Space Administra- is substituted for ‘‘the date of enactment of this Act’’ tion Endeavor Teacher Fellowship Trust to reflect the date of enactment of the National Aero- Fund. nautics and Space Administration Authorization Act of 40903. Experimental Program to Stimulate Com- 2008 (Public Law 110–422, 122 Stat. 4779). petitive Research—merit grant competition § 40703. Research alignment requirements. 40904. Microgravity research. In addition to pursuing the research and devel- 40905. Program to expand distance learning in rural opment initiative described in section 40702 of underserved areas. this title, the Administrator shall, to the maxi- 40906. Equal access to the Administration’s edu- cation programs. mum extent practicable within available fund- 40907. Museums. ing, align the fundamental aeronautics research 40908. Continuation of certain education programs. program to address high priority technology 40909. Compliance with title IX of Education challenges of the National Academies’ Decadal Amendments of 1972. Survey of Civil Aeronautics, and shall work to NASA’S CONTRIBUTION TO EDUCATION increase the degree of involvement of external organizations, and especially of universities, in Pub. L. 111–358, title II, § 202, Jan. 4, 2011, 124 Stat. the fundamental aeronautics research program. 3993, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.) that NASA [National Aeronautics and Space Adminis- tration] is uniquely positioned to interest students in HISTORICAL AND REVISION NOTES science, technology, engineering, and mathematics, not only by the example it sets, but through its education Revised Section Source (U.S. Code) Source (Statutes at Large) programs. ‘‘(b) EDUCATIONAL PROGRAM GOALS.—NASA shall de- 40703 ...... 42 U.S.C. 17722. Pub. L. 110–422, title III, velop and maintain educational programs— § 303, Oct. 15, 2008, 122 Stat. 4787. ‘‘(1) to carry out and support research based pro- grams and activities designed to increase student in- terest and participation in STEM, including students § 40704. Research program on perceived impact from minority and underrepresented groups; of sonic booms ‘‘(2) to improve public literacy in STEM; ‘‘(3) that employ proven strategies and methods for (a) ESTABLISHMENT.—The Administrator shall improving student learning and teaching in STEM; establish a cooperative research program with ‘‘(4) to provide curriculum support materials and industry, including the conduct of flight dem- other resources that— onstrations in a relevant environment, to col- ‘‘(A) are designed to be integrated with compre- lect data on the perceived impact of sonic hensive STEM education; § 40704 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 58

‘‘(B) are aligned with national science education updating NASA’s space communications architecture standards; for both low-Earth orbital operations and deep space ‘‘(C) promote the adoption and implementation of exploration so that it is capable of meeting NASA’s high-quality education practices that build toward needs over the next 20 years. The plan shall include college and career-readiness; and life-cycle cost estimates, milestones, estimated per- ‘‘(5) to create and support opportunities for en- formance capabilities, and 5-year funding profiles. hanced and ongoing professional development for The plan shall also include an estimate of the teachers using best practices that improve the STEM amounts of any reimbursements NASA is likely to re- content and knowledge of the teachers, including ceive from other Federal agencies during the ex- through programs linking STEM teachers with STEM pected life of the upgrades described in the plan. At educators at the higher education level.’’ a minimum, the plan shall include a description of [For definition of ‘‘STEM’’ as used in section 202 of the following: Pub. L. 111–358, set out above, see section 2 of Pub. L. ‘‘(A) Projected Deep Space Network requirements 111–358, set out as a note under section 6621 of Title 42, for the next 20 years, including those in support of The Public Health and Welfare.] human space exploration missions. REPORTS ‘‘(B) Upgrades needed to support Deep Space Net- work requirements. Pub. L. 109–155, title I, § 102, Dec. 30, 2005, 119 Stat. ‘‘(C) Cost estimates for the maintenance of exist- 2905, provided that: ing Deep Space Network capabilities. ‘‘(a) NATIONAL AWARENESS CAMPAIGN.— ‘‘(D) Cost estimates and schedules for the up- ‘‘(1) IN GENERAL.—The Administrator [of the Na- tional Aeronautics and Space Administration] shall grades described in subparagraph (B). ‘‘(E) Projected Tracking and Data Relay Satellite implement, beginning not later than May 1, 2006, a System requirements for the next 20 years, includ- national awareness campaign through various media, ing those in support of other relevant Federal agen- including print, radio, television, and the Internet, to cies. articulate missions, publicize recent accomplish- ‘‘(F) Cost and schedule estimates to maintain and ments, and facilitate efforts to encourage young upgrade the Tracking and Data Relay Satellite Sys- Americans to enter the fields of science, mathe- tem to meet projected requirements. matics, and engineering to help maintain United ‘‘(2) CONSULTATIONS.—The Administrator shall con- States leadership in those fields. sult with other relevant Federal agencies in develop- ‘‘(2) REPORTS.—(A) Not later than April 1, 2006, the ing the plan under this subsection. Administrator shall transmit a plan to the Commit- ‘‘(3) SCHEDULE.—The Administrator shall transmit tee on Science [now Committee on Science, Space, the plan under this subsection to the Committee on and Technology] of the House of Representatives and Science [now Committee on Science, Space, and the Committee on Commerce, Science, and Transpor- Technology] of the House of Representatives and the tation of the Senate describing the activities that Committee on Commerce, Science, and Transpor- will be undertaken as part of the national awareness tation of the Senate not later than February 17, 2007. campaign required by paragraph (1) and the expected ‘‘(d) JOINT DARK ENERGY MISSION.—The Adminis- cost of those activities. NASA [National Aeronautics trator and the Director of the Department of Energy and Space Administration] may undertake activities Office of Science shall jointly transmit to the Commit- as part of the national awareness campaign prior to tee on Science [now Committee on Science, Space, and the transmittal of the plan required by this subpara- Technology] of the House of Representatives and the graph, but the plan shall include a description of any Committee on Commerce, Science, and Transportation activities undertaken prior to the transmittal and of the Senate, not later than July 15, 2006, a report on the estimated cost of those activities. ‘‘(B) Not later than three years after the date of en- plans for a Joint Dark Energy Mission. The report shall actment of this Act [Dec. 30, 2005], the Administrator include the amount of funds each agency intends to ex- shall transmit to the Committee on Science of the pend on the Joint Dark Energy Mission for each of the House of Representatives and the Committee on Com- fiscal years 2007 through 2011, and any specific mile- merce, Science, and Transportation of the Senate an stones for the development and launch of the Mission. ‘‘(e) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.— assessment of the impact of the national awareness ‘‘(1) STUDY.—As part of ongoing efforts to coordi- campaign. nate research and development across the Federal ‘‘(b) BUDGET INFORMATION.—Not later than April 30, 2006, the Administrator shall transmit to the Commit- agencies, the Director of the Office of Science and tee on Science [now Committee on Science, Space, and Technology Policy shall conduct a study to deter- Technology] of the House of Representatives and the mine— Committee on Commerce, Science, and Transportation ‘‘(A) if any research and development programs of of the Senate a report describing— NASA are unnecessarily duplicating aspects of pro- ‘‘(1) the expected cost of the Crew Exploration Ve- grams of other Federal agencies; and hicle through fiscal year 2020, based on the public ‘‘(B) if any research and development programs of specifications for that development contract; and NASA are neglecting any topics of national interest ‘‘(2) the expected budgets for each fiscal year that are related to the mission of NASA. through 2020 for human spaceflight, aeronautics, ‘‘(2) REPORT.—Not later than one year after the space science, and earth science— date of enactment of this Act [Dec. 30, 2005], the Di- ‘‘(A) first assuming inflationary growth for the rector of the Office of Science and Technology Policy budget of NASA as a whole and including costs for shall transmit to the Committee on Science [now the Crew Exploration Vehicle as projected under Committee on Science, Space, and Technology] of the paragraph (1); and House of Representatives and the Committee on Com- ‘‘(B) then assuming inflationary growth for the merce, Science, and Transportation of the Senate a budget of NASA as a whole and including at least report that— two cost estimates for the Crew Exploration Vehi- ‘‘(A) describes the results of the study under para- cle that are higher than those projected under para- graph (1); graph (1), based on NASA’s past experience with ‘‘(B) lists the research and development programs cost increases for similar programs, along with a of Federal agencies other than NASA that were re- description of the reasons for selecting the cost es- viewed as part of the study, which shall include any timates used for the calculations under this sub- program supporting research and development in an paragraph and the confidence level for each of the area related to the programs of NASA, and the cost estimates used in this section. most recent budget figures for those programs of ‘‘(c) SPACE COMMUNICATIONS PLAN.— other agencies; ‘‘(1) PLAN.—The Administrator shall develop a plan, ‘‘(C) recommends any changes to the research and in consultation with relevant Federal agencies, for development programs of NASA that should be Page 59 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40902

made in response to the findings of the study re- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391.) quired by paragraph (1); and ‘‘(D) describes mechanisms the Office of Science HISTORICAL AND REVISION NOTES and Technology Policy will use to ensure adequate coordination between NASA and Federal agencies Revised Section Source (U.S. Code) Source (Statutes at Large) that operate related programs. ‘‘(3) CONTRACT.—The Director of the Office of 40901 ...... 42 U.S.C. 2467. Pub. L. 100–404, title II, (par. Science and Technology Policy may contract with a under heading ‘‘Science, nongovernmental entity to conduct the study re- Space, and Technology Education Trust Fund’’, quired by paragraph (1).’’ at 102 Stat. 1028), Aug. 19, 1988, 102 Stat. 1028; Pub. L. REVIEW OF MUST PROGRAM 103–327, title III, Sept. 28, 1994, 108 Stat. 2328. Pub. L. 109–155, title VI, § 617, Dec. 30, 2005, 119 Stat. 2934, provided that: ‘‘Not later than 60 days after the In the first sentence, the words ‘‘the Department of date of enactment of this Act [Dec. 30, 2005], the Ad- Housing and Urban Development—Independent Agen- ministrator [of the National Aeronautics and Space Ad- cies Appropriations Act, 1989 (Public Law 100–404, 102 ministration] shall transmit a report to Congress on Stat. 1014)’’ are substituted for ‘‘this Act’’ to clarify the the legal status of the Motivating Undergraduates in reference. Science and Technology program. If the report con- In the second sentence, the words ‘‘of the Treasury’’ cludes that the program is in compliance with the laws are inserted after ‘‘the Secretary’’ for clarity. of the United States, NASA [National Aeronautics and In the sixth sentence, the word ‘‘hereafter’’, which Space Administration] shall implement the program, appeared after ‘‘each calendar quarter’’, is omitted as as planned in the July 5, 2005, NASA Research An- unnecessary. nouncement.’’ § 40902. National Aeronautics and Space Admin- DENIAL OF FINANCIAL ASSISTANCE TO CAMPUS istration Endeavor Teacher Fellowship Trust DISRUPTERS Fund Pub. L. 92–304, § 6, May 19, 1972, 86 Stat. 161, provided generally that any institution of higher education deny (a) ESTABLISHMENT.—There is established in for a two-year period payment under programs author- the Treasury of the United States, in tribute to ized by the National Aeronautics and Space Act of 1958 the dedicated crew of the Space Shuttle Chal- (see 51 U.S.C. 20101 et seq.) to any individual attending lenger, a trust fund to be known as the National or employed by such institution who has been con- Aeronautics and Space Administration Endeav- victed of any crime committed after May 19, 1972, or Teacher Fellowship Trust Fund (hereafter in which involved the use of force, disruption or seizure of this section referred to as the ‘‘Trust Fund’’). property to prevent officers or students from engaging in their duties or pursuing their studies. Similar provi- The Trust Fund shall consist of amounts which sions were contained in the following prior appropria- may from time to time, at the discretion of the tion acts: Administrator, be transferred from the National Pub. L. 92–68, § 6, Aug. 6, 1971, 85 Stat. 177. Aeronautics and Space Administration Gifts and Pub. L. 91–303, § 6, July 2, 1970, 84 Stat. 372. Donations Trust Fund. Pub. L. 91–119, § 7, Nov. 18, 1969, 83 Stat. 201. (b) INVESTMENT OF TRUST FUND.—The Admin- § 40901. Science, Space, and Technology Edu- istrator shall direct the Secretary of the Treas- cation Trust Fund ury to invest and reinvest funds in the Trust Fund in public debt securities with maturities There is appropriated, by transfer from funds suitable for the needs of the Trust Fund, and appropriated in the Department of Housing and bearing interest at rates determined by the Sec- Urban Development—Independent Agencies Ap- retary of the Treasury, taking into consider- propriations Act, 1989 (Public Law 100–404, 102 ation the current average market yield on out- Stat. 1014), for ‘‘Construction of facilities’’, the standing marketable obligations of the United sum of $15,000,000 to the ‘‘Science, Space, and States of comparable maturities. Interest Technology Education Trust Fund’’, which is earned shall be credited to the Trust Fund. hereby established in the Treasury of the United (c) PURPOSE.—Income accruing from the Trust States. The Secretary of the Treasury shall in- Fund principal shall be used to create the Na- vest these funds in the United States Treasury tional Aeronautics and Space Administration special issue securities, and interest shall be Endeavor Teacher Fellowship Program, to the credited to the Trust Fund on a quarterly basis. extent provided in advance in appropriation Such interest shall be available for the purpose Acts. The Administrator is authorized to use of making grants for programs directed at im- such funds to award fellowships to selected proving science, space, and technology edu- United States nationals who are undergraduate cation in the United States. The Administrator, students pursuing a course of study leading to after consultation with the Director of the Na- certified teaching degrees in elementary edu- tional Science Foundation, shall review applica- cation or in secondary education in mathe- tions made for such grants and determine the matics, science, or technology disciplines. distribution of available funds on a competitive Awards shall be made pursuant to standards es- basis. Grants shall be made available to any tablished for the fellowship program by the Ad- awardee only to the extent that the awardee ministrator. provides matching funds from non-Federal (d) AVAILABILITY OF FUNDS.—The interest ac- sources to carry out the program for which cruing from the National Aeronautics and Space grants from this Trust Fund are made. Of the Administration Endeavor Teacher Fellowship funds made available by this Trust Fund, Trust Fund principal shall be available in fiscal $250,000 shall be disbursed each calendar quarter year 2012 for the purpose of the Endeavor to the Challenger Center for Space Science Edu- Science Teacher Certificate Program. cation. The Administrator shall submit to Con- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391; gress an annual report on the grants made pur- Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 suant to this section. Stat. 626.) § 40903 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 60

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES—CONTINUED

Revised Revised Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large)

40902 ...... 42 U.S.C. 2467a. Pub. L. 102–195, § 20, Dec. 9, 40903(b) ...... 42 U.S.C. 2467b(a). 1991, 105 Stat. 1615. 40903(c) ...... 42 U.S.C. 2467b(b). 40903(d) ...... 42 U.S.C. 17781(b). Pub. L. 110–422, title VII, § 704(b), Oct. 15, 2008, 122 In subsection (a), the words ‘‘The Trust Fund shall Stat. 4802. consist of amounts’’ are substituted for ‘‘The Trust Fund shall consist of gifts and donations accepted by In subsection (d) the words ‘‘eligible States’’ are sub- the National Aeronautics and Space Administration stituted for ‘‘EPSCoR States’’ for clarity and consist- pursuant to section 208 of the National Aeronautics and ency in the section. Space Act of 1958 (42 U.S.C. 2476b), as well as other amounts’’ because the Administration’s authority to CONGRESSIONAL FINDINGS AND POLICY accept gifts or donations under section 208 of the Na- Pub. L. 102–588, title III, §§ 301–303, Nov. 4, 1992, 106 tional Aeronautics and Space Act of 1958 terminated 5 Stat. 5119, provided that: years after October 30, 1987. ‘‘SEC. 301. SHORT TITLE. AMENDMENTS ‘‘This title [see Tables for classification] may be 2011—Subsec. (d). Pub. L. 112–55 added subsec. (d). cited as the ‘Experimental Program to Stimulate Com- petitive Research on Space and Aeronautics Act’. § 40903. Experimental Program to Stimulate Competitive Research—merit grant competi- ‘‘SEC. 302. FINDINGS. tion requirements ‘‘Congress finds that— ‘‘(1) the report of the Advisory Committee on the (a) DEFINITION OF ELIGIBLE STATE.—In this sec- Future of the United States Space Program has pro- tion, the term ‘‘eligible State’’ means a State vided a framework within which a consensus on the designated by the Administrator as eligible to goals of the space program can be developed; compete in the National Science Foundation’s ‘‘(2) the National Aeronautics and Space Adminis- Experimental Program to Stimulate Competi- tration’s space science and applications, aeronautical research and technology, and space research and tive Research. technology programs will serve as the fulcrum for fu- (b) COMPETITION.—Making use of the existing ture initiatives by the United States in civil space infrastructure established in eligible States by and aviation; the National Science Foundation, the Adminis- ‘‘(3) colleges and universities in many States are trator shall conduct a merit grant competition currently not able to compete successfully for re- among the eligible States in areas of research search grants awarded by the National Aeronautics important to the mission of the Administration. and Space Administration through its space science With respect to a grant application by an eligi- and applications, aeronautical research and tech- ble State, the Administrator shall consider— nology, and space research and technology programs; ‘‘(4) balanced programs of space science and appli- (1) the application’s merit and relevance to cations, aeronautical research and technology, and the mission of the Administration; space research and technology should include initia- (2) the potential for the grant to serve as a tives designed to foster competitive research capac- catalyst to enhance the ability of researchers ity in all geographic areas of the Nation; and in the State to become more competitive for ‘‘(5) by strengthening the competitive research ca- regular Administration funding; pacity in those geographic areas of the Nation which (3) the potential for the grant to improve the are not currently fully competitive, the education environment for science, mathematics, and en- and training of scientists and engineers important to gineering education in the State; and the future of the United States civil space and avia- (4) the need to ensure the maximum dis- tion programs will be fostered. tribution of grants among eligible States, con- ‘‘SEC. 303. POLICY. sistent with merit. ‘‘It is the policy of the United States that— ‘‘(1) the Administrator [of the National Aeronautics (c) SUPPLEMENTAL GRANTS.—The Adminis- and Space Administration], in planning for national trator shall endeavor, where appropriate, to sup- programs in space science and applications, aero- plement grants made under subsection (b) with nautical research, space flight, and exploration, such grants for fellowships, traineeships, equip- should ensure the resilience of the space and aero- ment, or instrumentation as are available. nautics research infrastructure; (d) INFORMATION IN ANNUAL BUDGET SUBMIS- ‘‘(2) a stable and balanced program of space science SION.—In order to ensure that research expertise and applications, aeronautical research and tech- and talent throughout the Nation is developed nology, and space research and technology should in- clude programs to assure that geographic areas of the and engaged in Administration research and United States that currently do not successfully par- education activities, the Administration shall, ticipate in competitive space and aeronautical re- as part of its annual budget submission, detail search activities are enabled to become more com- additional steps that can be taken to further in- petitive; and tegrate the participating eligible States in both ‘‘(3) programs to improve competitive capabilities existing and new or emerging Administration should be a part of the research and the educational research programs and center activities. activities of the National Aeronautics and Space Ad- ministration.’’ (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3392.) § 40904. Microgravity research HISTORICAL AND REVISION NOTES The Administrator shall— Revised Source (U.S. Code) Source (Statutes at Large) Section (1) ensure the capacity to support ground- based research leading to space-based basic 40903(a) ...... 42 U.S.C. 2467b(c). Pub. L. 102–588, title III, § 304, Nov. 4, 1992, 106 Stat. and applied scientific research in a variety of 5120. disciplines with potential direct national ben- Page 61 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40908

efits and applications that can be advanced (1) data on minority participation in the Ad- significantly from the uniqueness of micro- ministration’s education programs, at a mini- gravity and the space environment; and mum in the categories of— (2) carry out, to the maximum extent prac- (A) elementary and secondary education; ticable, basic, applied, and commercial Inter- (B) undergraduate education; and national Space Station research in fields such (C) graduate education; and as molecular crystal growth, animal research, (2) the total value of grants the Administra- basic fluid physics, combustion research, cel- tion made to Historically Black Colleges and lular biotechnology, low-temperature physics, Universities and to Hispanic Serving Institu- and cellular research at a level that will sus- tions through education programs during the tain the existing United States scientific ex- period covered by the report. pertise and research capability in micro- gravity research. (c) PROGRAM.—The Administrator shall estab- lish the Dr. Mae C. Jemison Grant Program to (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.) work with Minority Serving Institutions to HISTORICAL AND REVISION NOTES bring more women of color into the field of space and aeronautics. Revised Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.)

40904(1) ...... 42 U.S.C. 16655(2). Pub. L. 109–155, title III, HISTORICAL AND REVISION NOTES § 305(2), (3), Dec. 30, 2005, 119 Stat. 2918. 40904(2) ...... 42 U.S.C. 16655(3). Revised Section Source (U.S. Code) Source (Statutes at Large)

40906 ...... 42 U.S.C. 16794. Pub. L. 109–155, title VI, § 40905. Program to expand distance learning in § 615, Dec. 30, 2005, 119 rural underserved areas Stat. 2934. (a) IN GENERAL.—The Administrator shall de- In subsection (b), in the matter before paragraph (1), velop or expand programs to extend science and the words ‘‘Every 2 years’’ are substituted for ‘‘Not space educational outreach to rural commu- later than 1 year after the date of enactment of this nities and schools through video conferencing, Act [December 30, 2005], and every 2 years thereafter’’ interpretive exhibits, teacher education, class- to eliminate obsolete language. In subsection (b), in the matter before paragraph (1), room presentations, and student field trips. the words ‘‘Committee on Science and Technology’’ are (b) PRIORITIES.—In carrying out subsection (a), substituted for ‘‘Committee on Science’’ on authority the Administrator shall give priority to existing of Rule X(1)(o) of the Rules of the House of Representa- programs, including Challenger Learning Cen- tives, adopted by House Resolution No. 6 (110th Con- ters— gress, January 5, 2007). (1) that utilize community-based partner- CHANGE OF NAME ships in the field; (2) that build and maintain video conference Committee on Science and Technology of House of and exhibit capacity; Representatives changed to Committee on Science, Space, and Technology of House of Representatives by (3) that travel directly to rural communities House Resolution No. 5, One Hundred Twelfth Congress, and serve low-income populations; and Jan. 5, 2011. (4) with a special emphasis on increasing the number of women and minorities in the § 40907. Museums science and engineering professions. The Administrator may provide grants to, and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.) enter into cooperative agreements with, muse- ums and planetariums to enable them to en- HISTORICAL AND REVISION NOTES hance programs related to space exploration, aeronautics, space science, Earth science, or Revised Source (U.S. Code) Source (Statutes at Large) Section microgravity. 40905 ...... 42 U.S.C. 16791. Pub. L. 109–155, title VI, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) § 612, Dec. 30, 2005, 119 Stat. 2932. HISTORICAL AND REVISION NOTES

Revised § 40906. Equal access to the Administration’s edu- Section Source (U.S. Code) Source (Statutes at Large) cation programs 40907 ...... 42 U.S.C. 16795. Pub. L. 109–155, title VI, (a) IN GENERAL.—The Administrator shall § 616, Dec. 30, 2005, 119 Stat. 2934. strive to ensure equal access for minority and economically disadvantaged students to the Ad- § 40908. Continuation of certain education pro- ministration’s education programs. grams (b) REPORT.—Every 2 years, the Administrator shall submit a report to the Committee on From amounts appropriated to the Adminis- Science and Technology of the House of Rep- tration for education programs, the Adminis- resentatives and the Committee on Commerce, trator shall ensure the continuation of the Science, and Transportation of the Senate de- Space Grant Program, the Experimental Pro- scribing the efforts by the Administrator to en- gram to Stimulate Competitive Research, and, sure equal access for minority and economically consistent with the results of the review under disadvantaged students under this section and section 614 of the National Aeronautics and the results of such efforts. As part of the report, Space Administration Authorization Act of 2005 the Administrator shall provide— (Public Law 109–155, 119 Stat. 2933), the Adminis- § 40909 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 62 tration Explorer School program, to motivate SUBCHAPTER I—GENERAL and develop the next generation of explorers. § 50101. Definitions (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) In this chapter: HISTORICAL AND REVISION NOTES (1) COMMERCIAL PROVIDER.—The term ‘‘com- mercial provider’’ means any person providing Revised Section Source (U.S. Code) Source (Statutes at Large) space transportation services or other space- related activities, primary control of which is 40908 ...... 42 U.S.C. 16797. Pub. L. 109–155, title VI, § 618, Dec. 30, 2005, 119 held by persons other than Federal, State, Stat. 2934. local, and foreign governments. (2) PAYLOAD.—The term ‘‘payload’’ means REFERENCES IN TEXT anything that a person undertakes to trans- Section 614 of the National Aeronautics and Space port to, from, or within outer space, or in sub- Administration Authorization Act of 2005, referred to orbital trajectory, by means of a space trans- in text, was classified to former section 16793 of Title portation vehicle, but does not include the 42, The Public Health and Welfare, and was omitted space transportation vehicle itself except for from the Code following the enactment of this title by its components which are specifically designed Pub. L. 111–314. or adapted for that payload. (3) SPACE-RELATED ACTIVITIES.—The term § 40909. Compliance with title IX of Education ‘‘space-related activities’’ includes research Amendments of 1972 and development, manufacturing, processing, To comply with title IX of the Education service, and other associated and support ac- Amendments of 1972 (20 U.S.C. 1681 et seq.), the tivities. Administrator shall conduct compliance reviews (4) SPACE TRANSPORTATION SERVICES.—The of at least 2 grantees annually. term ‘‘space transportation services’’ means the preparation of a space transportation vehi- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) cle and its payloads for transportation to, HISTORICAL AND REVISION NOTES from, or within outer space, or in suborbital trajectory, and the conduct of transporting a Revised payload to, from, or within outer space, or in Section Source (U.S. Code) Source (Statutes at Large) suborbital trajectory. 40909 ...... 42 U.S.C. 16798(b). Pub. L. 109–155, title VI, (5) SPACE TRANSPORTATION VEHICLE.—The § 619(b), Dec. 30, 2005, 119 Stat. 2935. term ‘‘space transportation vehicle’’ means any vehicle constructed for the purpose of op- REFERENCES IN TEXT erating in, or transporting a payload to, from, or within, outer space, or in suborbital trajec- The Education Amendments of 1972, referred to in tory, and includes any component of such ve- text, is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title hicle not specifically designed or adapted for a IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified prin- payload. cipally to chapter 38 (§ 1681 et seq.) of Title 20, Edu- (6) STATE.—The term ‘‘State’’ means each of cation. For complete classification of title IX to the the several States of the Union, the District of Code, see Short Title note set out under section 1681 of Columbia, the Commonwealth of Puerto Rico, Title 20 and Tables. the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Subtitle V—Programs Targeting Islands, and any other commonwealth, terri- Commercial Opportunities tory, or possession of the United States. (7) UNITED STATES COMMERCIAL PROVIDER.— CHAPTER 501—SPACE COMMERCE The term ‘‘United States commercial pro- vider’’ means a commercial provider, orga- SUBCHAPTER I—GENERAL nized under the laws of the United States or of a State, that is— Sec. 50101. Definitions. (A) more than 50 percent owned by United States nationals; or SUBCHAPTER II—PROMOTION OF COMMERCIAL (B) a subsidiary of a foreign company and SPACE OPPORTUNITIES the Secretary of Transportation finds that— 50111. Commercialization of Space Station. (i) such subsidiary has in the past evi- 50112. Promotion of United States Global Position- denced a substantial commitment to the ing System standards. United States market through— 50113. Acquisition of space science data. (I) investments in the United States in 50114. Administration of commercial space centers. long-term research, development, and 50115. Sources of Earth science data. 50116. Commercial technology transfer program. manufacturing (including the manufac- ture of major components and subassem- SUBCHAPTER III—FEDERAL ACQUISITION OF blies); and SPACE TRANSPORTATION SERVICES (II) significant contributions to em- 50131. Requirement to procure commercial space ployment in the United States; and transportation services. 50132. Acquisition of commercial space transpor- (ii) the country or countries in which tation services. such foreign company is incorporated or 50133. Shuttle privatization. organized, and, if appropriate, in which it 50134. Use of excess intercontinental ballistic mis- principally conducts its business, affords siles. reciprocal treatment to companies de- Page 63 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50111

scribed in subparagraph (A) comparable to hicle to missions carrying astronauts beyond that afforded to such foreign company’s low Earth orbit once commercial crew trans- subsidiary in the United States, as evi- fer and crew rescue services that meet safety denced by— requirements become operational; (I) providing comparable opportunities (C) facilitate, to the maximum extent for companies described in subparagraph practicable, the transfer of Administration- (A) to participate in Government-spon- developed technologies to potential United sored research and development similar States commercial crew transfer and rescue to that authorized under this chapter; service providers, consistent with United (II) providing no barriers, to companies States law; and described in subparagraph (A) with re- (D) issue a notice of intent, not later than spect to local investment opportunities, 180 days after October 15, 2008, to enter into that are not provided to foreign compa- a funded, competitively awarded Space Act nies in the United States; and Agreement with 2 or more commercial enti- (III) providing adequate and effective ties for a Phase 1 Commercial Orbital Trans- protection for the intellectual property portation Services crewed vehicle dem- rights of companies described in sub- onstration program. paragraph (A). (2) CONGRESSIONAL INTENT.—It is the intent (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) of Congress that funding for the program de- scribed in paragraph (1)(D) shall not come at HISTORICAL AND REVISION NOTES the expense of full funding of the amounts au- Revised thorized under section 101(3)(A) of the Na- Source (U.S. Code) Source (Statutes at Large) Section tional Aeronautics and Space Administration 50101 ...... 42 U.S.C. 14701. Pub. L. 105–303, § 2, Oct. 28, Authorization Act of 2008 (Public Law 110–422, 1998, 112 Stat. 2843. 122 Stat. 4783), and for future fiscal years, for Orion Crew Exploration Vehicle development, The definition of ‘‘Administrator’’ in section 2 of the Commercial Space Act of 1998 (Public Law 105–303, 112 Ares I Crew Launch Vehicle development, or Stat. 2843) is omitted as unnecessary because of the def- International Space Station cargo delivery. inition added by section 10101 of title 51. (3) ADDITIONAL TECHNOLOGIES.—The Adminis- tration shall make International Space Sta- SUBCHAPTER II—PROMOTION OF tion-compatible docking adaptors and other COMMERCIAL SPACE OPPORTUNITIES relevant technologies available to the com- § 50111. Commercialization of Space Station mercial crew providers selected to service the International Space Station. (a) POLICY.—Congress declares that a priority (4) CREW TRANSFER AND CREW RESCUE SERV- goal of constructing the International Space ICES CONTRACT.—If a commercial provider dem- Station is the economic development of Earth onstrates the capability to provide Inter- orbital space. Congress further declares that national Space Station crew transfer and crew free and competitive markets create the most rescue services and to satisfy Administration efficient conditions for promoting economic de- ascent, entry, and International Space Station velopment, and should therefore govern the eco- proximity operations safety requirements, the nomic development of Earth orbital space. Con- Administration shall enter into an Inter- gress further declares that the use of free mar- national Space Station crew transfer and crew ket principles in operating, servicing, allocating rescue services contract with that commercial the use of, and adding capabilities to the Space provider for a portion of the Administration’s Station, and the resulting fullest possible en- anticipated International Space Station crew gagement of commercial providers and partici- transfer and crew rescue requirements from pation of commercial users, will reduce Space the time the commercial provider commences Station operational costs for all partners and operations under contract with the Adminis- the Federal Government’s share of the United tration through calendar year 2016, with an op- States burden to fund operations. tion to extend the period of performance (b) USE OF UNITED STATES COMMERCIALLY PRO- through calendar year 2020. VIDED SERVICES.— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3396.) (1) IN GENERAL.—In order to stimulate com- mercial use of space, help maximize the utility HISTORICAL AND REVISION NOTES and productivity of the International Space Revised Station, and enable a commercial means of Section Source (U.S. Code) Source (Statutes at Large) providing crew transfer and crew rescue serv- ices for the International Space Station, the 50111(a) ...... 42 U.S.C. 14711(a). Pub. L. 105–303, title I, § 101(a), Oct. 28, 1998, 112 Administration shall— Stat. 2845. (A) make use of United States commer- 50111(b) ...... 42 U.S.C. 17801. Pub. L. 110–422, title IX, § 902, Oct. 15, 2008, 122 cially provided International Space Station Stat. 4805. crew transfer and crew rescue services to the maximum extent practicable, if those com- In subsection (b)(1)(D), the date ‘‘October 15, 2008’’ is mercial services have demonstrated the ca- substituted for ‘‘the date of enactment of this Act’’ to pability to meet Administration-specified reflect the date of enactment of the National Aero- nautics and Space Administration Authorization Act of ascent, entry, and International Space Sta- 2008 (Public Law 110–422, 122 Stat. 4779). tion proximity operations safety require- ments; REFERENCES IN TEXT (B) limit, to the maximum extent prac- Section 101(3)(A) of the National Aeronautics and ticable, the use of the Crew Exploration Ve- Space Administration Authorization Act of 2008, re- § 50112 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 64 ferred to in subsec. (b)(2), is section 101(3)(A) of Pub. L. (c) TREATMENT OF SPACE SCIENCE DATA AS 110–422, Oct. 15, 2008, 122 Stat. 4783, which was not clas- COMMERCIAL ITEM UNDER ACQUISITION LAWS.— sified to the Code. Acquisitions of space science data by the Ad- § 50112. Promotion of United States Global Posi- ministrator shall be carried out in accordance tioning System standards with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10). For In order to support and sustain the Global Po- purposes of such law and regulations, space sitioning System in a manner that will most ef- science data shall be considered to be a commer- fectively contribute to the national security, cial item. Nothing in this subsection shall be public safety, scientific, and economic interests construed to preclude the United States from of the United States, Congress encourages the acquiring, through contracts with commercial President to— providers, sufficient rights in data to meet the (1) ensure the operation of the Global Posi- needs of the scientific and educational commu- tioning System on a continuous worldwide nity or the needs of other government activities. basis free of direct user fees; (d) SAFETY STANDARDS.—Nothing in this sec- (2) enter into international agreements that tion shall be construed to prohibit the Federal promote cooperation with foreign govern- Government from requiring compliance with ap- ments and international organizations to— plicable safety standards. (A) establish the Global Positioning Sys- (e) LIMITATION.—This section does not author- tem and its augmentations as an acceptable ize the Administration to provide financial as- international standard; and sistance for the development of commercial sys- (B) eliminate any foreign barriers to appli- tems for the collection of space science data. cations of the Global Positioning System (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3397.) worldwide; and HISTORICAL AND REVISION NOTES (3) provide clear direction and adequate re- sources to the Assistant Secretary of Com- Revised Source (U.S. Code) Source (Statutes at Large) merce for Communications and Information so Section that on an international basis the Assistant 50113 ...... 42 U.S.C. 14713. Pub. L. 105–303, title I, § 105, Secretary can— Oct. 28, 1998, 112 Stat. 2852. (A) achieve and sustain efficient manage- ment of the electromagnetic spectrum used § 50114. Administration of commercial space cen- by the Global Positioning System; and ters (B) protect that spectrum from disruption The Administrator shall administer the Com- and interference. mercial Space Center program in a coordinated (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3397.) manner from Administration headquarters in Washington, D.C. HISTORICAL AND REVISION NOTES (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3398.) Revised Section Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES

50112 ...... 42 U.S.C. 14712(b). Pub. L. 105–303, title I, Revised § 104(b), Oct. 28, 1998, 112 Section Source (U.S. Code) Source (Statutes at Large) Stat. 2852. 50114 ...... 42 U.S.C. 14714. Pub. L. 105–303, title I, § 106, Oct. 28, 1998, 112 Stat. 2853. FINDING Pub. L. 105–303, title I, § 104(a), Oct. 28, 1998, 112 Stat. § 50115. Sources of Earth science data 2852, provided that: ‘‘The Congress finds that the Global Positioning System, including satellites, signal equip- (a) ACQUISITION.—The Administrator shall, to ment, ground stations, data links, and associated com- the extent possible and while satisfying the sci- mand and control facilities, has become an essential entific or educational requirements of the Ad- element in civil, scientific, and military space develop- ministration, and where appropriate, of other ment because of the emergence of a United States com- Federal agencies and scientific researchers, ac- mercial industry which provides Global Positioning System equipment and related services.’’ quire, where cost-effective, space-based and air- borne Earth remote sensing data, services, dis- § 50113. Acquisition of space science data tribution, and applications from a commercial provider. (a) DEFINITION OF SPACE SCIENCE DATA.—In (b) TREATMENT AS COMMERCIAL ITEM UNDER this section, the term ‘‘space science data’’ in- ACQUISITION LAWS.—Acquisitions by the Admin- cludes scientific data concerning— istrator of the data, services, distribution, and (1) the elemental and mineralogical re- applications referred to in subsection (a) shall sources of the moon, asteroids, planets and be carried out in accordance with applicable ac- their moons, and comets; quisition laws and regulations (including chap- (2) microgravity acceleration; and ters 137 and 140 of title 10). For purposes of such (3) solar storm monitoring. law and regulations, such data, services, dis- (b) ACQUISITION FROM COMMERCIAL PROVID- tribution, and applications shall be considered ERS.—The Administrator shall, to the extent to be a commercial item. Nothing in this sub- possible and while satisfying the scientific or section shall be construed to preclude the educational requirements of the Administration, United States from acquiring, through contracts and where appropriate, of other Federal agencies with commercial providers, sufficient rights in and scientific researchers, acquire, where cost data to meet the needs of the scientific and edu- effective, space science data from a commercial cational community or the needs of other gov- provider. ernment activities. Page 65 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50131

(c) SAFETY STANDARDS.—Nothing in this sec- acquire space transportation services from tion shall be construed to prohibit the Federal United States commercial providers whenever Government from requiring compliance with ap- such services are required in the course of its ac- plicable safety standards. tivities. To the maximum extent practicable, (d) ADMINISTRATION AND EXECUTION.—This sec- the Federal Government shall plan missions to tion shall be carried out as part of the Commer- accommodate the space transportation services cial Remote Sensing Program at the Stennis capabilities of United States commercial provid- Space Center. ers. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3398.) (b) EXCEPTIONS.—The Federal Government shall not be required to acquire space transpor- HISTORICAL AND REVISION NOTES tation services under subsection (a) if, on a case- by-case basis, the Administrator or, in the case Revised Section Source (U.S. Code) Source (Statutes at Large) of a national security issue, the Secretary of the Air Force, determines that— 50115(a) ...... 42 U.S.C. 14715(a). Pub. L. 105–303, title I, § 107(a), (b), (d), (e), Oct. (1) a payload requires the unique capabilities 28, 1998, 112 Stat. 2853, of the space shuttle; 2854. 50115(b) ...... 42 U.S.C. 14715(b). (2) cost effective space transportation serv- 50115(c) ...... 42 U.S.C. 14715(d). ices that meet specific mission requirements 50115(d) ...... 42 U.S.C. 14715(e). would not be reasonably available from United States commercial providers when required; § 50116. Commercial technology transfer program (3) the use of space transportation services (a) IN GENERAL.—The Administrator shall exe- from United States commercial providers cute a commercial technology transfer program poses an unacceptable risk of loss of a unique with the goal of facilitating the exchange of scientific opportunity; services, products, and intellectual property be- (4) the use of space transportation services tween the Administration and the private sec- from United States commercial providers is tor. This program shall place at least as much inconsistent with national security objectives; emphasis on encouraging the transfer of Admin- (5) the use of space transportation services istration technology to the private sector from United States commercial providers is (‘‘spinning out’’) as on encouraging use of pri- inconsistent with international agreements vate sector technology by the Administration. for international collaborative efforts relating This program shall be maintained in a manner to science and technology; that provides clear benefits for the Administra- (6) it is more cost effective to transport a tion, the domestic economy, and the research payload in conjunction with a test or dem- community. onstration of a space transportation vehicle (b) PROGRAM STRUCTURE.—In carrying out the owned by the Federal Government; or program described in subsection (a), the Admin- (7) a payload can make use of the available istrator shall provide program participants with cargo space on a space shuttle mission as a at least 45 days notice of any proposed changes secondary payload, and such payload is con- to the structure of the Administration’s tech- sistent with the requirements of research, de- nology transfer and commercialization organiza- velopment, demonstration, scientific, com- tions that is in effect as of December 30, 2005. mercial, and educational programs authorized (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3399.) by the Administrator. (c) AGREEMENTS WITH FOREIGN ENTITIES.— HISTORICAL AND REVISION NOTES Nothing in this section shall prevent the Admin- istrator from planning or negotiating agree- Revised Source (U.S. Code) Source (Statutes at Large) Section ments with foreign entities for the launch of 50116 ...... 42 U.S.C. 16811. Pub. L. 109–155, title VI, Federal Government payloads for international § 621, Dec. 30, 2005, 119 collaborative efforts relating to science and Stat. 2935. technology. This section restates provisions originally enacted as (d) DELAYED EFFECT.—Subsection (a) shall not part of the National Aeronautics and Space Adminis- apply to space transportation services and space tration Authorization Act of 2005 (Public Law 109–155, transportation vehicles acquired or owned by 119 Stat. 2895), and not as part of the Commercial Space the Federal Government before October 28, 1998, Act of 1998 (Public Law 105–303, 112 Stat. 2843), which is or with respect to which a contract for such ac- generally restated in this chapter. quisition or ownership has been entered into be- In subsection (a), in the last sentence, the word ‘‘Ad- ministration’’ is substituted for ‘‘agency’’ for clarity fore October 28, 1998. and because of the definition of ‘‘Administration’’ (e) HISTORICAL PURPOSES.—This section shall added by section 10101 of title 51. not be construed to prohibit the Federal Govern- In subsection (b), the date ‘‘December 30, 2005’’ is sub- ment from acquiring, owning, or maintaining stituted for ‘‘the date of enactment of this Act’’ to re- space transportation vehicles solely for histori- flect the date of enactment of the National Aeronautics cal display purposes. and Space Administration Authorization Act of 2005 (Public Law 109–155, 119 Stat. 2895). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3399.) SUBCHAPTER III—FEDERAL ACQUISITION HISTORICAL AND REVISION NOTES OF SPACE TRANSPORTATION SERVICES Revised Section Source (U.S. Code) Source (Statutes at Large) § 50131. Requirement to procure commercial space transportation services 50131(a) ...... 42 U.S.C. 14731(a). Pub. L. 105–303, title II, § 201, Oct. 28, 1998, 112 Stat. 2854. N ENERAL 50131(b) ...... 42 U.S.C. 14731(b) (a) I G .—Except as otherwise provided (less last sen- in this section, the Federal Government shall tence). § 50132 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 66

HISTORICAL AND REVISION NOTES—CONTINUED § 50134. Use of excess intercontinental ballistic missiles Revised Section Source (U.S. Code) Source (Statutes at Large) (a) IN GENERAL.—The Federal Government 50131(c) ...... 42 U.S.C. 14731(b) shall not— (last sentence). 50131(d) ...... 42 U.S.C. 14731(c). (1) convert any missile described in sub- 50131(e) ...... 42 U.S.C. 14731(d). section (c) to a space transportation vehicle configuration; or In subsection (d), the date ‘‘October 28, 1998’’ is sub- (2) transfer ownership of any such missile to stituted for ‘‘the date of the enactment of this Act’’ another person, except as provided in sub- and for ‘‘such date’’ to reflect the date of enactment of section (b). the Commercial Space Act of 1998 (Public Law 105–303, 112 Stat. 2843). (b) AUTHORIZED FEDERAL USES.— (1) IN GENERAL.—A missile described in sub- § 50132. Acquisition of commercial space trans- section (c) may be converted for use as a space portation services transportation vehicle by the Federal Govern- ment if, except as provided in paragraph (2) (a) TREATMENT OF COMMERCIAL SPACE TRANS- and at least 30 days before such conversion, PORTATION SERVICES AS COMMERCIAL ITEM UNDER the agency seeking to use the missile as a ACQUISITION LAWS.—Acquisitions of space trans- space transportation vehicle transmits to the portation services by the Federal Government Committee on Armed Services and the Com- shall be carried out in accordance with applica- mittee on Science and Technology of the ble acquisition laws and regulations (including House of Representatives, and to the Commit- chapters 137 and 140 of title 10). For purposes of tee on Armed Services and the Committee on such law and regulations, space transportation Commerce, Science, and Transportation of the services shall be considered to be a commercial Senate, a certification that the use of such item. missile— (b) SAFETY STANDARDS.—Nothing in this sec- (A) would result in cost savings to the Fed- tion shall be construed to prohibit the Federal eral Government when compared to the cost Government from requiring compliance with ap- of acquiring space transportation services plicable safety standards. from United States commercial providers; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.) (B) meets all mission requirements of the agency, including performance, schedule, HISTORICAL AND REVISION NOTES and risk requirements; (C) is consistent with international obliga- Revised Source (U.S. Code) Source (Statutes at Large) Section tions of the United States; and (D) is approved by the Secretary of De- 50132 ...... 42 U.S.C. 14732. Pub. L. 105–303, title II, § 202, Oct. 28, 1998, 112 Stat. 2855. fense or the designee of the Secretary of De- fense. § 50133. Shuttle privatization (2) EXCEPTION TO REQUIREMENT THAT CERTIFI- CATION BE TRANSMITTED 30 DAYS BEFORE CON- The Administrator shall prepare for an orderly VERSION.—The requirement under paragraph transition from the Federal operation, or Fed- (1) that the certification described in that eral management of contracted operation, of paragraph must be transmitted at least 30 space transportation systems to the Federal days before conversion of the missile shall not purchase of commercial space transportation apply if the Secretary of Defense determines services for all nonemergency space transpor- that compliance with that requirement would tation requirements for transportation to and be inconsistent with meeting immediate na- from Earth orbit, including human, cargo, and tional security requirements. mixed payloads. In those preparations, the Ad- ministrator shall take into account the need for (c) MISSILES REFERRED TO.—The missiles re- short-term economies, as well as the goal of re- ferred to in this section are missiles owned by storing the Administration’s research focus and the United States that— its mandate to promote the fullest possible com- (1) were formerly used by the Department of mercial use of space. As part of those prepara- Defense for national defense purposes as inter- tions, the Administrator shall plan for the po- continental ballistic missiles; and (2) have been declared excess to United tential privatization of the space shuttle pro- States national defense needs and are in com- gram. Such plan shall keep safety and cost effec- pliance with international obligations of the tiveness as high priorities. Nothing in this sec- United States. tion shall prohibit the Administration from studying, designing, developing, or funding up- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.) grades or modifications essential to the safe and economical operation of the space shuttle fleet. HISTORICAL AND REVISION NOTES Revised (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.) Section Source (U.S. Code) Source (Statutes at Large)

HISTORICAL AND REVISION NOTES 50134 ...... 42 U.S.C. 14734. Pub. L. 105–303, title II, § 205, Oct. 28, 1998, 112 Stat. 2857; Revised Pub. L. 106–65, div. A, title Section Source (U.S. Code) Source (Statutes at Large) X, § 1067(21), Oct. 5, 1999, 113 Stat. 775. 50133 ...... 42 U.S.C. 14733(a). Pub. L. 105–303, title II, § 204(a), Oct. 28, 1998, 112 In subsection (b)(1), in the matter before subpara- Stat. 2856. graph (A), the words ‘‘Committee on Science and Tech- Page 67 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50302 nology’’ are substituted for ‘‘Committee on Science’’ on ‘‘(1) It is in the national interest to encourage the authority of Rule X(1)(o) of the Rules of the House of production of cost-effective, in-space transportation Representatives, adopted by House Resolution No. 6 systems, which would be built and operated by the (110th Congress, January 5, 2007). private sector on a commercial basis. ‘‘(2) The use of reusable in-space transportation CHANGE OF NAME systems will enhance performance levels of in-space Committee on Science and Technology of House of operations, enhance efficient and safe disposal of sat- Representatives changed to Committee on Science, ellites at the end of their useful lives, and increase Space, and Technology of House of Representatives by the capability and reliability of existing ground-to- House Resolution No. 5, One Hundred Twelfth Congress, space launch vehicles. Jan. 5, 2011. ‘‘(3) Commercial reusable in-space transportation systems will enhance the economic well-being and CHAPTER 503—COMMERCIAL REUSABLE IN- national security of the United States by reducing SPACE TRANSPORTATION space operations costs for commercial and national space programs and by adding new space capabilities Sec. to space operations. 50301. Definitions. ‘‘(4) Commercial reusable in-space transportation 50302. Loan guarantees for production of commer- systems will provide new cost-effective space capa- cial reusable in-space transportation. bilities (including orbital transfers from low altitude orbits to high altitude orbits and return, the correc- § 50301. Definitions tion of erroneous satellite orbits, and the recovery, refurbishment, and refueling of satellites) and the In this chapter: provision of upper stage functions to increase ground- (1) COMMERCIAL PROVIDER.—The term ‘‘com- to-orbit launch vehicle payloads to geostationary and mercial provider’’ means any person or entity other high energy orbits. providing commercial reusable in-orbit space ‘‘(5) Commercial reusable in-space transportation transportation services or systems, primary systems can enhance and enable the space explo- control of which is held by persons other than ration of the United States by providing lower cost the Federal Government, a State or local gov- trajectory injection from earth orbit, transit trajec- tory control, and planet arrival deceleration to sup- ernment, or a foreign government. port potential National Aeronautics and Space Ad- (2) IN-SPACE TRANSPORTATION SERVICES.—The ministration missions to Mars, Pluto, and other plan- term ‘‘in-space transportation services’’ ets. means operations and activities involved in ‘‘(6) Satellites stranded in erroneous earth orbit due the direct transportation or attempted trans- to deficiencies in their launch represent substantial portation of a payload or object from one orbit economic loss to the United States and present sub- to another by means of an in-space transpor- stantial concerns for the current backlog of national tation vehicle. space assets. ‘‘(7) Commercial reusable in-space transportation (3) IN-SPACE TRANSPORTATION SYSTEM.—The systems can provide new options for alternative plan- term ‘‘in-space transportation system’’ means ning approaches and risk management to enhance the the space and ground elements, including in- mission assurance of national space assets. space transportation vehicles and support ‘‘(8) Commercial reusable in-space transportation space systems, and ground administration and systems developed by the private sector can provide control facilities and associated equipment, in-space transportation services to the National necessary for the provision of in-space trans- Aeronautics and Space Administration, the Depart- portation services. ment of Defense, the National Reconnaissance Office, and other agencies without the need for the United (4) IN-SPACE TRANSPORTATION VEHICLE.—The States to bear the cost of production of such systems. term ‘‘in-space transportation vehicle’’ means ‘‘(9) The availability of loan guarantees, with the a vehicle designed— cost of credit risk to the United States paid by the (A) to be based and operated in space; private-sector, is an effective means by which the (B) to transport various payloads or ob- United States can help qualifying private-sector com- jects from one orbit to another orbit; and panies secure otherwise unattainable private financ- (C) to be reusable and refueled in space. ing for the production of commercial reusable in- space transportation systems, while at the same time (5) SECRETARY.—The term ‘‘Secretary’’ minimizing Government commitment and involve- means the Secretary of Defense. ment in the development of such systems.’’ (6) UNITED STATES COMMERCIAL PROVIDER.— § 50302. Loan guarantees for production of com- The term ‘‘United States commercial pro- mercial reusable in-space transportation vider’’ means any commercial provider orga- nized under the laws of the United States that (a) AUTHORITY TO MAKE LOAN GUARANTEES.— is more than 50 percent owned by United The Secretary may guarantee loans made to eli- States nationals. gible United States commercial providers for (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3401.) purposes of producing commercial reusable in- space transportation services or systems. HISTORICAL AND REVISION NOTES (b) ELIGIBLE UNITED STATES COMMERCIAL PRO- VIDERS.—The Secretary shall prescribe require- Revised Section Source (U.S. Code) Source (Statutes at Large) ments for the eligibility of United States com- mercial providers for loan guarantees under this 50301 ...... 42 U.S.C. 14753. Pub. L. 107–248, title IX, § 904, Oct. 23, 2002, 116 section. Such requirements shall ensure that eli- Stat. 1576. gible providers are financially capable of under- taking a loan guaranteed under this section. FINDINGS (c) LIMITATION ON LOANS GUARANTEED.—The Pub. L. 107–248, title IX, § 902, Oct. 23, 2002, 116 Stat. Secretary may not guarantee a loan for a United 1573, provided that: ‘‘Congress makes the following States commercial provider under this section findings: unless the Secretary determines that credit § 50302 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 68 would not otherwise be reasonably available at ject to the terms of a loan guaranteed under the time of the guarantee for the commercial re- this section, upon the default of a United usable in-space transportation service or system States commercial provider under the loan, to be produced utilizing the proceeds of the loan. the Secretary may, at the election of the Sec- (d) CREDIT SUBSIDY.— retary— (1) COLLECTION REQUIRED.—The Secretary (A) assume control of the physical asset fi- shall collect from each United States commer- nanced by the loan; and cial provider receiving a loan guarantee under (B) complete, recondition, reconstruct, this section an amount equal to the amount, renovate, repair, maintain, operate, or sell as determined by the Secretary, to cover the the physical asset. cost, as defined in section 502(5) of the Federal (g) CREDIT INSTRUMENTS.— Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of (1) AUTHORITY TO ISSUE INSTRUMENTS.—Not- the loan guarantee. withstanding any other provision of law, the (2) PERIODIC DISBURSEMENTS.—In the case of Secretary may, subject to such terms and con- a loan guarantee in which proceeds of the loan ditions as the Secretary considers appropriate, are disbursed over time, the Secretary shall issue credit instruments to United States collect the amount required under this sub- commercial providers of in-space transpor- section on a pro rata basis, as determined by tation services or systems, with the aggregate the Secretary, at the time of each disburse- cost (as determined under the provisions of ment. the Federal Credit Reform Act of 1990 (2 U.S.C. (e) OTHER TERMS AND CONDITIONS.— 661 et seq.)) of such instruments not to exceed (1) PROHIBITION ON SUBORDINATION.—A loan $1,500,000,000, but only to the extent that new guaranteed under this section may not be sub- budget authority to cover such costs is pro- ordinated to another debt contracted by the vided in subsequent appropriations Acts or au- United States commercial provider concerned, thority is otherwise provided in subsequent or to any other claims against such provider. appropriations Acts. (2) RESTRICTION ON INCOME.—A loan guaran- (2) CREDIT SUBSIDY.—The Secretary shall teed under this section may not— provide a credit subsidy for any credit instru- (A) provide income which is excluded from ment issued under this subsection in accord- gross income for purposes of chapter 1 of the ance with the provisions of the Federal Credit Internal Revenue Code of 1986 (26 U.S.C. 1 et Reform Act of 1990 (2 U.S.C. 661 et seq.). seq.); or (3) CONSTRUCTION.—The eligibility of a (B) provide significant collateral or secu- United States commercial provider of in-space rity, as determined by the Secretary, for transportation services or systems for a credit other obligations the income from which is instrument under this subsection is in addi- so excluded. tion to any eligibility of such provider for a (3) TREATMENT OF GUARANTEE.—The guaran- loan guarantee under other provisions of this tee of a loan under this section shall be con- section. clusive evidence of the following: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3402.) (A) That the guarantee has been properly obtained. HISTORICAL AND REVISION NOTES (B) That the loan qualifies for the guaran- Revised Source (U.S. Code) Source (Statutes at Large) tee. Section (C) That, but for fraud or material mis- 50302 ...... 42 U.S.C. 14752. Pub. L. 107–248, title IX, representation by the holder of the loan, the § 903, Oct. 23, 2002, 116 guarantee is valid, legal, and enforceable. Stat. 1574. (4) OTHER TERMS AND CONDITIONS.—The Sec- In subsection (f)(2), the word ‘‘forbear’’ is substituted retary may establish any other terms and con- for ‘‘forebear’’ to correct an error in the law. ditions for a guarantee of a loan under this In subsection (g)(1), the words ‘‘services or systems’’ section as the Secretary considers appropriate are substituted for ‘‘services or system’’ to correct an to protect the financial interests of the United error in the law. States. REFERENCES IN TEXT (f) ENFORCEMENT OF RIGHTS.— The Federal Credit Reform Act of 1990, referred to in (1) IN GENERAL.—The Attorney General may subsec. (g)(1), (2), is title V of Pub. L. 93–344, as added take any action the Attorney General consid- by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 ers appropriate to enforce any right accruing Stat. 1388–609, which is classified generally to sub- to the United States under a loan guarantee chapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the under this section. Code, see Short Title note set out under section 621 of (2) FORBEARANCE.—The Attorney General Title 2 and Tables. may, with the approval of the parties con- cerned, forbear from enforcing any right of the CHAPTER 505—COMMERCIAL SPACE United States under a loan guaranteed under COMPETITIVENESS this section for the benefit of a United States commercial provider if such forbearance will Sec. 50501. Definitions. not result in any cost, as defined in section 50502. Launch voucher demonstration program. 502(5) of the Federal Credit Reform Act of 1990 50503. Anchor tenancy and termination liability. (2 U.S.C. 661a(5)), to the United States. 50504. Use of Government facilities. (3) UTILIZATION OF PROPERTY.—Notwith- 50505. Test facilities. standing any other provision of law and sub- 50506. Commercial Space Achievement Award. Page 69 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50501

§ 50501. Definitions structure’’ means facilities, associated equip- ment, and real property (including launch In this chapter: (1) AGENCY.—The term ‘‘agency’’ means an sites, launch support facilities, space recovery executive agency as defined in section 105 of sites, and space recovery support facilities) re- title 5. quired to perform launch or space recovery ac- (2) ANCHOR TENANCY.—The term ‘‘anchor ten- tivities. ancy’’ means an arrangement in which the (13) STATE.—The term ‘‘State’’ means the United States Government agrees to procure several States, the District of Columbia, Puer- sufficient quantities of a commercial space to Rico, American Samoa, the United States product or service needed to meet Government Virgin Islands, Guam, the Northern Mariana mission requirements so that a commercial Islands, and any other commonwealth, terri- venture is made viable. tory, or possession of the United States. (3) COMMERCIAL.—The term ‘‘commercial’’ (14) UNITED STATES.—The term ‘‘United means having— States’’ means the States, collectively. (A) private capital at risk; and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3404.) (B) primary financial and management re- sponsibility for the activity reside with the HISTORICAL AND REVISION NOTES private sector. Revised Source (U.S. Code) Source (Statutes at Large) (4) COST EFFECTIVE.—The term ‘‘cost effec- Section tive’’ means costing no more than the avail- 50501 ...... 15 U.S.C. 5802. Pub. L. 102–588, title V, § 502, able alternatives, determined by a comparison Nov. 4, 1992, 106 Stat. 5123. of all related direct and indirect costs includ- ing, in the case of Government costs, applica- FINDINGS ble Government labor and overhead costs as Pub. L. 102–588, title V, § 501, Nov. 4, 1992, 106 Stat. well as contractor charges, and taking into ac- 5122, provided that: ‘‘The Congress finds that— count the ability of each alternative to accom- ‘‘(1) commercial activities of the private sector modate mission requirements as well as the have substantially contributed to the strength of related factors of risk, reliability, schedule, both the United States space program and the na- and technical performance. tional economy; ‘‘(2) a robust United States space transportation ca- (5) LAUNCH.—The term ‘‘launch’’ means to pability remains a vital cornerstone of the United place, or attempt to place, a launch vehicle States space program; and its payload, if any, in a suborbital trajec- ‘‘(3) the availability of commercial launch services tory, in Earth orbit in outer space, or other- is essential for the continued growth of the United wise in outer space. States commercial space sector; (6) LAUNCH SERVICES.—The term ‘‘launch ‘‘(4) a timely extension of the excess third party services’’ means activities involved in the claims payment provisions of the Commercial Space preparation of a launch vehicle and its pay- Launch Act [now 51 U.S.C. 50901 et seq.] is appro- load for launch and the conduct of a launch. priate and necessary to enable the private sector to continue covering maximum probable liability risks (7) LAUNCH SUPPORT FACILITIES.—The term while protecting the private sector from uninsurable ‘‘launch support facilities’’ means facilities lo- levels of liability which could hinder international cated at launch sites or launch ranges that are competitiveness; required to support launch activities, includ- ‘‘(5) a program to demonstrate how recipients of ing launch vehicle assembly, launch vehicle Federal grants can purchase launch services directly operations and control, communications, from the private sector has the potential to improve flight safety functions, and payload oper- the capabilities of the United States commercial ations, control, and processing. launch industry; ‘‘(6) improvements and additions to the Nation’s (8) LAUNCH VEHICLE.—The term ‘‘launch ve- space transportation infrastructure contribute to a hicle’’ means any vehicle constructed for the robust and cost effective space transportation capa- purpose of operating in or placing a payload in bility for both public sector and private sector users; outer space or in suborbital trajectories, and ‘‘(7) private sector use of available Government fa- includes components of that vehicle. cilities on a reimbursable basis contributes to a (9) PAYLOAD.—The term ‘‘payload’’ means an stronger commercial space sector; object which a person undertakes to launch, ‘‘(8) the Federal Government should purchase space and includes subcomponents of the launch ve- goods and services which are commercially available, hicle specifically designed or adapted for that or could be made available commercially in response object. to a Government procurement request, whenever such goods or services meet Government mission re- (10) PAYLOAD INTEGRATION SERVICES.—The quirements in a cost effective manner; term ‘‘payload integration services’’ means ac- ‘‘(9) it is appropriate for the Government to act as tivities involved in integrating multiple pay- an anchor tenant for commercial space development loads into a single payload for launch or inte- projects which have a reasonable potential to develop grating a payload with a launch vehicle. non-Federal markets and which meet Federal needs (11) SPACE RECOVERY SUPPORT FACILITIES.— in a cost effective manner; and The term ‘‘space recovery support facilities’’ ‘‘(10) the provision of compensation to commercial means facilities required to support activities providers of space goods and services for termination related to the recovery of payloads returned of contracts at the convenience of the Government from space to a space recovery site, including assists in enabling the private sector to invest in space activities which are initially dependent on Gov- operations and control, communications, ernment purchases.’’ flight safety functions, and payload process- [For definition of terms used in section 501 of Pub. L. ing. 102–588, set out above, see section 502 of Pub. L. 102–588, (12) SPACE TRANSPORTATION INFRASTRUC- title V, Nov. 4, 1992, 106 Stat. 5123, which was classified TURE.—The term ‘‘space transportation infra- to former section 5802 of Title 15, Commerce and Trade, § 50502 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 70 and was repealed and reenacted as this section by Pub. (2) FIXED SCHEDULE OF PAYMENTS AND LIMITA- L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.] TION ON LIABILITY.—Contracts that provide for § 50502. Launch voucher demonstration program the payment of termination liability, as de- scribed in paragraph (1), shall include a fixed (a) REQUIREMENT TO ESTABLISH PROGRAM.— schedule of such termination liability pay- The Administrator shall establish a demonstra- ments. Liability under such contracts shall tion program to award vouchers for the payment not exceed the total payments which the Gov- of commercial launch services and payload inte- ernment would have made after the date of gration services for the purpose of launching termination to purchase the good or service if payloads funded by the Administration. the contract were not terminated. (b) AWARD OF VOUCHERS.—The Administrator (3) USE OF FUNDS.—Subject to appropria- shall award vouchers under subsection (a) to ap- tions, funds available for such termination li- propriate individuals as a part of grants admin- ability payments may be used for purchase of istered by the Administration for the launch the good or service upon successful delivery of of— the good or service pursuant to the contract. (1) payloads to be placed in suborbital tra- In such case, sufficient funds shall remain jectories; and available to cover any remaining termination (2) small payloads to be placed in orbit. liability. (c) ASSISTANCE.—The Administrator may pro- (c) LIMITATIONS.— vide voucher award recipients with such assist- (1) DURATION.—Contracts entered into under ance (including contract formulation and tech- this section shall not exceed 10 years in dura- nical support during the proposal evaluation) as tion. may be necessary to ensure the purchase of cost (2) FIXED PRICE.—Such contracts shall pro- effective and reasonably reliable commercial vide for delivery of the good or service on a launch services and payload integration serv- firm, fixed price basis. ices. (3) PERFORMANCE SPECIFICATIONS.—To the ex- tent practicable, reasonable performance spec- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3405.) ifications shall be used to define technical re- quirements in such contracts. HISTORICAL AND REVISION NOTES (4) FAILURE TO PERFORM.—In any such con- tract, the appropriate Administrator shall re- Revised Source (U.S. Code) Source (Statutes at Large) Section serve the right to completely or partially ter- 50502 ...... 15 U.S.C. 5803(a)–(c). Pub. L. 102–588, title V, minate the contract without payment of such § 504(a)–(c), Nov. 4, 1992, termination liability because of the contrac- 106 Stat. 5124; Pub. L. 105–303, title I, § 103, Oct. tor’s actual or anticipated failure to perform 28, 1998, 112 Stat. 2851. its contractual obligations. In subsection (a), the words ‘‘to become effective Oc- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3405.) tober 1, 1993’’, which appeared at the end, are omitted HISTORICAL AND REVISION NOTES as obsolete. Revised § 50503. Anchor tenancy and termination liability Section Source (U.S. Code) Source (Statutes at Large)

(a) ANCHOR TENANCY CONTRACTS.—Subject to 50503 ...... 15 U.S.C. 5806. Pub. L. 102–588, title V, § 507, appropriations, the Administrator or the Ad- Nov. 4, 1992, 106 Stat. 5127. ministrator of the National Oceanic and Atmos- pheric Administration may enter into multiyear § 50504. Use of Government facilities anchor tenancy contracts for the purchase of a (a) AUTHORITY.— good or service if the appropriate Administrator (1) IN GENERAL.—Federal agencies, including determines that— the Administration and the Department of De- (1) the good or service meets the mission re- fense, may allow non-Federal entities to use quirements of the Administration or the Na- their space-related facilities on a reimbursable tional Oceanic and Atmospheric Administra- basis if the Administrator, the Secretary of tion, as appropriate; Defense, or the appropriate agency head deter- (2) the commercially procured good or serv- mines that— ice is cost effective; (A) the facilities will be used to support (3) the good or service is procured through a commercial space activities; competitive process; (B) such use can be supported by existing (4) existing or potential customers for the or planned Federal resources; good or service other than the United States (C) such use is compatible with Federal ac- Government have been specifically identified; tivities; (5) the long-term viability of the venture is (D) equivalent commercial services are not not dependent upon a continued Government available on reasonable terms; and market or other nonreimbursable Government (E) such use is consistent with public safe- support; and ty, national security, and international trea- (6) private capital is at risk in the venture. ty obligations. (b) TERMINATION LIABILITY.— (2) CONSULTATION.—In carrying out para- (1) IN GENERAL.—Contracts entered into graph (1)(E), each agency head shall consult under subsection (a) may provide for the pay- with appropriate Federal officials. ment of termination liability in the event that (b) REIMBURSEMENT PAYMENT.— the Government terminates such contracts for (1) AMOUNT.—The reimbursement referred to its convenience. in subsection (a) may be an amount equal to Page 71 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50506

the direct costs (including salaries of United award shall consist of a medal, which shall be of States civilian and contractor personnel) in- such design and materials and bear such inscrip- curred by the United States as a result of the tions as determined by the Secretary of Com- use of such facilities by the private sector. For merce. A cash prize may also be awarded if fund- the purposes of this paragraph, the term ‘‘di- ing for the prize is available under subsection rect costs’’ means the actual costs that can be (d). unambiguously associated with such use, and (b) CRITERIA FOR AWARD.—The Secretary of would not be borne by the United States Gov- Commerce shall periodically make awards under ernment in the absence of such use. this section to individuals, corporations, cor- (2) CREDIT TO APPROPRIATION.—The amount porate divisions, or corporate subsidiaries sub- of any payment received by the United States stantially engaged in commercial space activi- for use of facilities under this subsection shall ties that in the opinion of the Secretary of Com- be credited to the appropriation from which merce best meet the following criteria: the cost of providing such facilities was paid. (1) NON-GOVERNMENTAL REVENUE.—For cor- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3406.) porate entities, at least half of the revenues from the space-related activities of the cor- HISTORICAL AND REVISION NOTES poration, division, or subsidiary is derived Revised from sources other than the United States Section Source (U.S. Code) Source (Statutes at Large) Government. (2) SUBSTANTIAL CONTRIBUTION.—The activi- 50504 ...... 15 U.S.C. 5807. Pub. L. 102–588, title V, § 508, Nov. 4, 1992, 106 Stat. 5128. ties and achievements of the individual, cor- poration, division, or subsidiary have substan- § 50505. Test facilities tially contributed to the United States gross national product and the stature of United (a) CHARGES.—The Administrator shall estab- States industry in international markets, with lish a policy of charging users of the Adminis- due consideration for both the economic mag- tration’s test facilities for the costs associated nitude and the technical quality of the activi- with their tests at a level that is competitive ties and achievements. with alternative test facilities. The Adminis- (3) SUBSTANTIAL ADVANCEMENT OF TECH- trator shall not implement a policy of seeking NOLOGY.—The individual, corporation, divi- full cost recovery for a facility until at least 30 sion, or subsidiary has substantially advanced days after transmitting a notice to the Commit- space technology and space applications di- tee on Science and Technology of the House of rectly related to commercial space activities. Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- (c) LIMITATIONS.—No individual or corporate ate. entity may receive an award under this section (b) FUNDING ACCOUNT.—In planning and budg- more than once every 5 years. eting, the Administrator shall establish a fund- (d) FUNDING FOR AWARD.—The Secretary of ing account that shall be used for all test facili- Commerce may seek and accept gifts of money ties. The account shall be sufficient to maintain from public and private sources for the purpose the viability of test facilities during periods of of making cash prize awards under this section. low utilization. Such money may be used only for that purpose, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3407.) and only such money may be used for that pur- pose. The Secretary of Commerce shall make HISTORICAL AND REVISION NOTES publicly available an itemized list of the sources of such funding. Revised Source (U.S. Code) Source (Statutes at Large) Section (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3407.) 50505 ...... 42 U.S.C. 16634. Pub. L. 109–155, title II, § 205, Dec. 30, 2005, 119 Stat. HISTORICAL AND REVISION NOTES 2916. Revised Source (U.S. Code) Source (Statutes at Large) This section restates provisions originally enacted as Section part of the National Aeronautics and Space Adminis- 50506 ...... 15 U.S.C. 5808. Pub. L. 102–588, title V, § 510, tration Authorization Act of 2005 (Public Law 109–155, Nov. 4, 1992, 106 Stat. 5129. 119 Stat. 2895), and not as part of title V of the National Aeronautics and Space Administration Authorization In subsection (b), in the matter before paragraph (1), Act, Fiscal Year 1993 (Public Law 102–588, 106 Stat. the words ‘‘The Secretary of Commerce shall periodi- 5107), which is generally restated in this chapter. cally make awards’’ are substituted for ‘‘The Secretary In subsection (a), the words ‘‘Committee on Science of Commerce shall periodically make, and the Chair- and Technology’’ are substituted for ‘‘Committee on man of the National Space Council shall present, Science’’ on authority of Rule X(1)(o) of the Rules of awards’’ to eliminate obsolete language. The reference the House of Representatives, adopted by House Reso- to the Chairman of the National Space Council is obso- lution No. 6 (110th Congress, January 5, 2007). lete because the National Space Council (established by section 501 of the National Aeronautics and Space Ad- CHANGE OF NAME ministration Authorization Act, Fiscal Year 1989 (Pub- Committee on Science and Technology of House of lic Law 100–685, 102 Stat. 4102)) has not functioned or Representatives changed to Committee on Science, been staffed since 1993. Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, CHAPTER 507—OFFICE OF SPACE Jan. 5, 2011. COMMERCIALIZATION

§ 50506. Commercial Space Achievement Award Sec. 50701. Definition of Office. (a) ESTABLISHMENT.—There is established a 50702. Establishment. Commercial Space Achievement Award. The 50703. Annual report. § 50701 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 72

§ 50701. Definition of Office COOPERATION WITH FORMER SOVIET REPUBLICS In this chapter, the term ‘‘Office’’ means the Pub. L. 102–588, title II, § 218, Nov. 4, 1992, 106 Stat. Office of Space Commercialization established 5117, provided that: ‘‘(a) REPORT TO CONGRESS.—Within one year after the in section 50702 of this title. date of enactment of this Act [Nov. 4, 1992], the Presi- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408.) dent shall submit to Congress a report describing— ‘‘(1) the opportunities for increased space related HISTORICAL AND REVISION NOTES trade with the independent states of the former So- viet Union; Revised Source (U.S. Code) Source (Statutes at Large) ‘‘(2) a technology procurement plan for identifying Section and evaluating all unique space hardware, space tech- 50701 ...... (no source) nology, and space services available to the United States from the independent states of the former So- A chapter-wide definition for the term ‘‘Office’’ is viet Union, specifically including those technologies added for clarity and convenience. the National Aeronautics and Space Administration has identified as high priority in its Space Research § 50702. Establishment and Technology Integrated Technology Plan.[;] ‘‘(3) the trade missions carried out pursuant to sub- (a) IN GENERAL.—There is established within section (c), including the private participation and the Department of Commerce an Office of Space the results of such missions; Commercialization. ‘‘(4) the offices and accounts of the National Aero- (b) DIRECTOR.—The Office shall be headed by a nautics and Space Administration to which expenses Director, who shall be a senior executive and for either cooperative activities or procurement ac- shall be compensated at a level in the Senior Ex- tions, involving the independent states of the former ecutive Service under section 5382 of title 5 as Soviet Union, are charged; ‘‘(5) any barriers, regulatory or practical, that in- determined by the Secretary of Commerce. hibit space-related trade between the United States (c) FUNCTIONS OF OFFICE.—The Office shall be and the independent states of the former Soviet the principal unit for the coordination of space- Union, including such barriers in either the United related issues, programs, and initiatives within States or the independent states; and the Department of Commerce. ‘‘(6) any anticompetitive issues raised by a poten- (d) DUTIES OF DIRECTOR.—The primary respon- tial acquisition. sibilities of the Director in carrying out the ‘‘(b) NOTIFICATION TO CONGRESS.—If any United States functions of the Office shall include— Government agency denies a request for a license or (1) promoting commercial provider invest- other approval that may be necessary to conduct dis- ment in space activities by collecting, analyz- cussions on space-related matters with the independent states of the former Soviet Union, that agency shall ing, and disseminating information on space immediately notify the Speaker of the House of Rep- markets, and conducting workshops and semi- resentatives and President of the Senate. Each such no- nars to increase awareness of commercial tification shall include a statement of the reasons for space opportunities; the denial. (2) assisting United States commercial pro- ‘‘(c) ROLE OF THE OFFICE OF SPACE COMMERCE.—The viders in the efforts of those providers to con- Office of Space Commerce of the Department of Com- duct business with the United States Govern- merce is authorized and encouraged to conduct trade ment; missions to appropriate independent states of the (3) acting as an industry advocate within the former Soviet Union for the purpose of familiarizing United States aerospace industry representatives with executive branch of the Federal Government space hardware, space technologies, and space services to ensure that the Federal Government meets that may be available from the independent states, and the space-related requirements of the Federal with the business practices and overall business cli- Government, to the fullest extent feasible, mate in the independent states. The Office of Space using commercially available space goods and Commerce shall also advise the Administrator [of the services; National Aeronautics and Space Administration] as to (4) ensuring that the United States Govern- the impact on United States industry of each potential ment does not compete with United States acquisition of space hardware, space technology, or commercial providers in the provision of space space services from the independent states of the hardware and services otherwise available former Soviet Union, specifically including any anti- competitive issues the Office may observe.’’ from United States commercial providers; (5) promoting the export of space-related § 50703. Annual report goods and services; (6) representing the Department of Com- The Secretary of Commerce shall submit an merce in the development of United States annual report on the activities of the Office, in- policies and in negotiations with foreign coun- cluding planned programs and expenditures, to tries to ensure free and fair trade internation- the Committee on Commerce, Science, and ally in the area of space commerce; and Transportation of the Senate and the Commit- (7) seeking the removal of legal, policy, and tee on Science and Technology of the House of institutional impediments to space commerce. Representatives. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408.)

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large) Section

50702 ...... 15 U.S.C. 1511e. Pub. L. 105–309, § 8, Oct. 30, 50703 ...... 15 U.S.C. 1535. Pub. L. 101–611, title I, 1998, 112 Stat. 2937; Pub. L. § 115(b), Nov. 16, 1990, 104 107–305, § 14, Nov. 27, 2002, Stat. 3201. 116 Stat. 2380; Pub. L. 108–447, div. B, title II, The words ‘‘The Secretary of Commerce shall submit Dec. 8, 2004, 118 Stat. 2878. an annual report’’ are substituted for ‘‘Commencing in Page 73 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50901 fiscal year 1992, and every fiscal year thereafter, the and reentries’’ for ‘‘launches and operation of launch Secretary of Commerce shall submit . . . a report’’ to sites’’ in item 70108, inserted ‘‘or reentries’’ after eliminate unnecessary words. ‘‘scheduled launches’’ in item 70109, and added items The word ‘‘Office’’, meaning the Office of Space Com- 70120 and 70121. mercialization, is substituted for ‘‘Office of Space Com- 1994—Pub. L. 103–429, § 6(78), Oct. 31, 1994, 108 Stat. merce’’ to correct an error in the law. 4388, made technical amendment to chapter heading. The words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on Science, Space, and § 50901. Findings and purposes Technology’’ on authority of section 1(a)(10) of Public (a) FINDINGS.—Congress finds that— Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the (1) the peaceful uses of outer space continue Rules of the House of Representatives, adopted by to be of great value and to offer benefits to all House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Rep- mankind; resentatives, adopted by House Resolution No. 6 (110th (2) private applications of space technology Congress, January 5, 2007). have achieved a significant level of commer- cial and economic activity and offer the poten- CHANGE OF NAME tial for growth in the future, particularly in Committee on Science and Technology of House of the United States; Representatives changed to Committee on Science, (3) new and innovative equipment and serv- Space, and Technology of House of Representatives by ices are being sought, produced, and offered by House Resolution No. 5, One Hundred Twelfth Congress, entrepreneurs in telecommunications, infor- Jan. 5, 2011. mation services, microgravity research, human space flight, and remote sensing tech- CHAPTER 509—COMMERCIAL SPACE nologies; LAUNCH ACTIVITIES (4) the private sector in the United States Sec. has the capability of developing and providing 50901. Findings and purposes. private launching, reentry, and associated 50902. Definitions. services that would complement the launch- 50903. General authority. ing, reentry, and associated capabilities of the 50904. Restrictions on launches, operations, and re- United States Government; entries. (5) the development of commercial launch 50905. License applications and requirements. vehicles, reentry vehicles, and associated serv- 50906. Experimental permits. 50907. Monitoring activities. ices would enable the United States to retain 50908. Effective periods, and modifications, suspen- its competitive position internationally, con- sions, and revocations, of licenses. tributing to the national interest and eco- 50909. Prohibition, suspension, and end of launches, nomic well-being of the United States; operation of launch sites and reentry sites, (6) providing launch services and reentry and reentries. services by the private sector is consistent 50910. Preemption of scheduled launches or reen- with the national security and foreign policy tries. interests of the United States and would be fa- 50911. Space advertising. cilitated by stable, minimal, and appropriate 50912. Administrative hearings and judicial review. 50913. Acquiring United States Government prop- regulatory guidelines that are fairly and expe- erty and services. ditiously applied; 50914. Liability insurance and financial responsibil- (7) the United States should encourage pri- ity requirements. vate sector launches, reentries, and associated 50915. Paying claims exceeding liability insurance services and, only to the extent necessary, and financial responsibility requirements. regulate those launches, reentries, and serv- 50916. Disclosing information. ices to ensure compliance with international 50917. Enforcement and penalty. obligations of the United States and to protect 50918. Consultation. 50919. Relationship to other executive agencies, the public health and safety, safety of prop- laws, and international obligations. erty, and national security and foreign policy 50920. User fees. interests of the United States; 50921. Office of Commercial Space Transportation. (8) space transportation, including the estab- 50922. Regulations. lishment and operation of launch sites, re- 50923. Report to Congress. entry sites, and complementary facilities, the providing of launch services and reentry serv- AMENDMENTS ices, the establishment of support facilities, 2010—Pub. L. 111–314, § 4(d)(2), (3), Dec. 18, 2010, 124 and the providing of support services, is an im- Stat. 3440, transferred analysis for chapter 701 of Title portant element of the transportation system 49, Transportation, and renumbered as analysis for of the United States, and in connection with chapter 509 of this title and renumbered items 70101 to 70105, 70105a, 70106 to 70109, 70109a, and 70110 to 70121 as the commerce of the United States there is a 50901 to 50923, respectively. need to develop a strong space transportation 2004—Pub. L. 108–492, § 2(c)(26), Dec. 23, 2004, 118 Stat. infrastructure with significant private sector 3982, added item 70105a. involvement; 2000—Pub. L. 106–405, § 3(b), Nov. 1, 2000, 114 Stat. 1752, (9) the participation of State governments in substituted ‘‘Office of Commercial Space Transpor- encouraging and facilitating private sector in- tation’’ for ‘‘Authorization of appropriations’’ in item volvement in space-related activity, particu- 70119. larly through the establishment of a space Pub. L. 106–391, title III, § 322(d), Oct. 30, 2000, 114 Stat. transportation-related infrastructure, includ- 1598, added item 70109a. 1998—Pub. L. 105–303, title I, § 102(a)(1), Oct. 28, 1998, ing launch sites, reentry sites, complementary 112 Stat. 2846, substituted ‘‘launches, operations, and facilities, and launch site and reentry site sup- reentries’’ for ‘‘launches and operations’’ in item 70104, port facilities, is in the national interest and ‘‘launches, operation of launch sites and reentry sites, is of significant public benefit; § 50901 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 74

(10) the goal of safely opening space to the 111–314, § 4(d)(2), (3)(A), Dec. 18, 2010, 124 Stat. American people and their private commer- 3440.) cial, scientific, and cultural enterprises should guide Federal space investments, policies, and HISTORICAL AND REVISION NOTES regulations; Revised (11) private industry has begun to develop Section Source (U.S. Code) Source (Statutes at Large) commercial launch vehicles capable of carry- 70101(a) ...... 49 App.:2601. Oct. 30, 1984, Pub. L. 98–575, ing human beings into space and greater pri- §§ 2, 3, 98 Stat. 3055; Nov. 16, 1990, Pub. L. 101–611, vate investment in these efforts will stimulate § 117(c), (d), 104 Stat. 3202. the Nation’s commercial space transportation 70101(b) ...... 49 App.:2602. industry as a whole; (12) space transportation is inherently risky, In subsection (a), before clause (1), the words ‘‘and de- and the future of the commercial human space clares’’ are omitted as surplus. In subsection (b), before clause (1), the word ‘‘there- flight industry will depend on its ability to fore’’ is omitted as surplus. continually improve its safety performance; (13) a critical area of responsibility for the AMENDMENTS Department of Transportation is to regulate 2010—Pub. L. 111–314 successively renumbered section the operations and safety of the emerging 70101 of title 49 and section 70101 of this title as this commercial human space flight industry; section. (14) the public interest is served by creating 2004—Subsec. (a)(3). Pub. L. 108–492, § 2(a)(1), inserted a clear legal, regulatory, and safety regime for ‘‘human space flight,’’ after ‘‘microgravity research,’’. commercial human space flight; and Subsec. (a)(4). Pub. L. 108–492, § 2(a)(2), struck out (15) the regulatory standards governing ‘‘satellite’’ after ‘‘providing private’’ and substituted human space flight must evolve as the indus- ‘‘capabilities of’’ for ‘‘services now available from’’. Subsec. (a)(10) to (15). Pub. L. 108–492, § 2(a)(3)–(5), try matures so that regulations neither stifle added pars. (10) to (15). technology development nor expose crew or Subsec. (b)(2)(C). Pub. L. 108–492, § 2(a)(6), added sub- space flight participants to avoidable risks as par. (C). the public comes to expect greater safety for Subsec. (b)(3). Pub. L. 108–492, § 2(a)(7), substituted crew and space flight participants from the in- ‘‘issue permits and commercial licenses and transfer’’ dustry. for ‘‘issue and transfer’’. 1998—Subsec. (a)(3). Pub. L. 105–303, § 102(a)(2)(A), in- (b) PURPOSES.—The purposes of this chapter serted ‘‘microgravity research,’’ after ‘‘information are— services,’’. (1) to promote economic growth and entre- Subsec. (a)(4). Pub. L. 105–303, § 102(a)(2)(B), inserted preneurial activity through use of the space ‘‘, reentry,’’ after ‘‘launching’’ in two places. environment for peaceful purposes; Subsec. (a)(5). Pub. L. 105–303, § 102(a)(2)(C), inserted (2) to encourage the United States private ‘‘, reentry vehicles,’’ after ‘‘launch vehicles’’. sector to provide launch vehicles, reentry ve- Subsec. (a)(6). Pub. L. 105–303, § 102(a)(2)(D), inserted ‘‘and reentry services’’ after ‘‘launch services’’. hicles, and associated services by— Subsec. (a)(7). Pub. L. 105–303, § 102(a)(2)(E), inserted (A) simplifying and expediting the issu- ‘‘, reentries,’’ after ‘‘launches’’ in two places. ance and transfer of commercial licenses; Subsec. (a)(8). Pub. L. 105–303, § 102(a)(2)(F), (G), in- (B) facilitating and encouraging the use of serted ‘‘, reentry sites,’’ after ‘‘launch sites’’ and ‘‘and Government-developed space technology; reentry services’’ after ‘‘launch services’’. and Subsec. (a)(9). Pub. L. 105–303, § 102(a)(2)(H), (I), in- (C) promoting the continuous improve- serted ‘‘reentry sites,’’ after ‘‘launch sites,’’ and ‘‘and ment of the safety of launch vehicles de- reentry site’’ after ‘‘launch site’’. signed to carry humans, including through Subsec. (b)(2). Pub. L. 105–303, § 102(a)(2)(J), inserted the issuance of regulations, to the extent ‘‘, reentry vehicles,’’ after ‘‘launch vehicles’’ in intro- ductory provisions. permitted by this chapter; Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(2)(K), struck (3) to provide that the Secretary of Trans- out ‘‘launch’’ before ‘‘licenses’’. portation is to oversee and coordinate the con- Subsec. (b)(3). Pub. L. 105–303, § 102(a)(2)(L), (M), in- duct of commercial launch and reentry oper- serted ‘‘and reentry’’ after ‘‘conduct of commercial launch’’ and struck out ‘‘launch’’ before ‘‘licenses’’. ations, issue permits and commercial licenses Subsec. (b)(4). Pub. L. 105–303, § 102(a)(2)(N), inserted and transfer commercial licenses authorizing ‘‘and development of reentry sites,’’ after ‘‘launch-site those operations, and protect the public support facilities,’’. health and safety, safety of property, and na- tional security and foreign policy interests of FINDINGS the United States; and Pub. L. 106–405, § 2, Nov. 1, 2000, 114 Stat. 1751, pro- (4) to facilitate the strengthening and expan- vided that: ‘‘The Congress finds that— sion of the United States space transportation ‘‘(1) a robust United States space transportation in- infrastructure, including the enhancement of dustry is vital to the Nation’s economic well-being United States launch sites and launch-site and national security; ‘‘(2) enactment of a 5-year extension of the excess support facilities, and development of reentry third party claims payment provision of [former] sites, with Government, State, and private chapter 701 of title 49, United States Code [now 51 sector involvement, to support the full range U.S.C. 50901 et seq.] (Commercial Space Launch Ac- of United States space-related activities. tivities), will have a beneficial impact on the inter- national competitiveness of the United States space (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1330, transportation industry; § 70101 of title 49; Pub. L. 105–303, title I, ‘‘(3) space transportation may evolve into airplane- § 102(a)(2), Oct. 28, 1998, 112 Stat. 2846; Pub. L. style operations; 108–492, § 2(a), Dec. 23, 2004, 118 Stat. 3974; renum- ‘‘(4) during the next 3 years the Federal Govern- bered § 70101 then § 50901 of title 51, Pub. L. ment and the private sector should analyze the liabil- Page 75 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50902

ity risk-sharing regime to determine its appropriate- (B) a suborbital rocket. ness and effectiveness, and, if needed, develop and propose a new regime to Congress at least 2 years (9) ‘‘obtrusive space advertising’’ means ad- prior to the expiration of the extension contained in vertising in outer space that is capable of this Act [see Tables for classification]; being recognized by a human being on the sur- ‘‘(5) the areas of responsibility of the Office of the face of the Earth without the aid of a tele- Associate Administrator for Commercial Space scope or other technological device. Transportation have significantly increased as a re- (10) ‘‘payload’’ means an object that a person sult of— ‘‘(A) the rapidly expanding commercial space undertakes to place in outer space by means of transportation industry and associated government a launch vehicle or reentry vehicle, including licensing requirements; components of the vehicle specifically de- ‘‘(B) regulatory activity as a result of the emerg- signed or adapted for that object. ing commercial reusable launch vehicle industry; (11) except in section 50904(c), ‘‘permit’’ and means an experimental permit issued under ‘‘(C) the increased regulatory activity associated section 50906. with commercial operation of launch and reentry (12) ‘‘person’’ means an individual and an en- sites; and ‘‘(6) the Office of the Associate Administrator for tity organized or existing under the laws of a Commercial Space Transportation should continue to State or country. limit its promotional activities to those which sup- (13) ‘‘reenter’’ and ‘‘reentry’’ mean to return port its regulatory mission.’’ or attempt to return, purposefully, a reentry vehicle and its payload, crew, or space flight § 50902. Definitions participants, if any, from Earth orbit or from In this chapter— outer space to Earth. (1) ‘‘citizen of the United States’’ means— (14) ‘‘reentry services’’ means— (A) an individual who is a citizen of the (A) activities involved in the preparation United States; of a reentry vehicle and payload, crew (in- (B) an entity organized or existing under cluding crew training), or space flight par- the laws of the United States or a State; or ticipant, if any, for reentry; and (C) an entity organized or existing under (B) the conduct of a reentry. the laws of a foreign country if the control- (15) ‘‘reentry site’’ means the location on ling interest (as defined by the Secretary of Earth to which a reentry vehicle is intended to Transportation) is held by an individual or return (as defined in a license the Secretary entity described in subclause (A) or (B) of issues or transfers under this chapter). this clause. (16) ‘‘reentry vehicle’’ means a vehicle de- (2) ‘‘crew’’ means any employee of a licensee signed to return from Earth orbit or outer or transferee, or of a contractor or subcontrac- space to Earth, or a reusable launch vehicle tor of a licensee or transferee, who performs designed to return from Earth orbit or outer activities in the course of that employment di- space to Earth, substantially intact. rectly relating to the launch, reentry, or other (17) ‘‘space flight participant’’ means an in- operation of or in a launch vehicle or reentry dividual, who is not crew, carried within a vehicle that carries human beings. launch vehicle or reentry vehicle. (3) ‘‘executive agency’’ has the same mean- (18) ‘‘State’’ means a State of the United ing given that term in section 105 of title 5. States, the District of Columbia, and a terri- (4) ‘‘launch’’ means to place or try to place tory or possession of the United States. a launch vehicle or reentry vehicle and any (19) unless and until regulations take effect payload, crew, or space flight participant from under section 50922(c)(2), ‘‘suborbital rocket’’ Earth— means a vehicle, rocket-propelled in whole or (A) in a suborbital trajectory; in part, intended for flight on a suborbital tra- (B) in Earth orbit in outer space; or jectory, and the thrust of which is greater (C) otherwise in outer space, than its lift for the majority of the rocket- including activities involved in the prepara- powered portion of its ascent. tion of a launch vehicle or payload for launch, (20) ‘‘suborbital trajectory’’ means the in- when those activities take place at a launch tentional flight path of a launch vehicle, re- site in the United States. entry vehicle, or any portion thereof, whose (5) ‘‘launch property’’ means an item built vacuum instantaneous impact point does not for, or used in, the launch preparation or leave the surface of the Earth. launch of a launch vehicle. (21) ‘‘third party’’ means a person except— (6) ‘‘launch services’’ means— (A) the United States Government or the (A) activities involved in the preparation Government’s contractors or subcontractors of a launch vehicle, payload, crew (including involved in launch services or reentry serv- crew training), or space flight participant ices; for launch; and (B) a licensee or transferee under this (B) the conduct of a launch. chapter; (7) ‘‘launch site’’ means the location on (C) a licensee’s or transferee’s contractors, Earth from which a launch takes place (as de- subcontractors, or customers involved in fined in a license the Secretary issues or launch services or reentry services; (D) the customer’s contractors or sub- transfers under this chapter) and necessary fa- contractors involved in launch services or cilities at that location. (8) ‘‘launch vehicle’’ means— reentry services; or (A) a vehicle built to operate in, or place (E) crew or space flight participants. a payload or human beings in, outer space; (22) ‘‘United States’’ means the States of the and United States, the District of Columbia, and § 50903 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 76

the territories and possessions of the United Par. (5). Pub. L. 108–492, § 2(b)(1), redesignated par. (4) States. as (5). Former par. (5) redesignated (6). Par. (6). Pub. L. 108–492, § 2(b)(1), (4), redesignated par. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1331, (5) as (6) and substituted ‘‘, payload, crew (including § 70102 of title 49; Pub. L. 104–287, § 5(92), Oct. 11, crew training), or space flight participant’’ for ‘‘and 1996, 110 Stat. 3398; Pub. L. 105–303, title I, payload’’ in subpar. (A). Former par. (6) redesignated § 102(a)(3), Oct. 28, 1998, 112 Stat. 2846; Pub. L. (7). 106–391, title III, § 322(a), Oct. 30, 2000, 114 Stat. Par. (7). Pub. L. 108–492, § 2(b)(1), redesignated par. (6) 1598; Pub. L. 108–492, § 2(b), Dec. 23, 2004, 118 Stat. as (7). Former par. (7) redesignated (8). Par. (8). Pub. L. 108–492, § 2(b)(1), (5), redesignated par. 3975; renumbered § 70102 then § 50902 of title 51 (7) as (8) and inserted ‘‘or human beings’’ after ‘‘place and amended Pub. L. 111–314, § 4(d)(2), (3)(B), a payload’’ in subpar. (A). Former par. (8) redesignated (5)(A), (B), Dec. 18, 2010, 124 Stat. 3440, 3441.) (9). Pars. (9), (10). Pub. L. 108–492, § 2(b)(1), redesignated HISTORICAL AND REVISION NOTES pars. (8) and (9) as (9) and (10), respectively. Former par. PUB. L. 103–272 (10) redesignated (12). Par. (11). Pub. L. 108–492, § 2(b)(6), added par. (11). Revised Section Source (U.S. Code) Source (Statutes at Large) Former par. (11) redesignated (13). Par. (12). Pub. L. 108–492, § 2(b)(1), redesignated par. 70102(1) ...... 49 App.:2603(9). Oct. 30, 1984, Pub. L. 98–575, (10) as (12). Former par. (12) redesignated (14). § 4(1)–(9), 98 Stat. 3056. Par. (13). Pub. L. 108–492, § 2(b)(1), (7), redesignated 49 App.:2603(12). Oct. 30, 1984, Pub. L. 98–575, § 4(12), 98 Stat. 3056; Nov. par. (11) as (13) and inserted ‘‘crew, or space flight par- 15, 1988, Pub. L. 100–657, ticipants,’’ after ‘‘and its payload,’’. Former par. (13) § 3(2), 102 Stat. 3900. redesignated (15). 70102(2)–(9) 49 App.:2603(1)–(8). 70102(10) ..... 49 App.:2603(10). Oct. 30, 1984, Pub. L. 98–575, Par. (14). Pub. L. 108–492, § 2(b)(1), (8), redesignated § 4(10), 98 Stat. 3056; Nov. par. (12) as (14) and substituted ‘‘and payload, crew (in- 15, 1988, Pub. L. 100–657, cluding crew training), or space flight participant’’ for § 3(1), 102 Stat. 3900. 70102(11) ..... 49 App.:2603(11). Oct. 30, 1984, Pub. L. 98–575, ‘‘and its payload’’ in subpar. (A). Former par. (14) redes- 98 Stat. 3055, § 4(11); added ignated (16). Nov. 15, 1988, Pub. L. Pars. (15), (16). Pub. L. 108–492, § 2(b)(1), redesignated 100–657, § 3(3), 102 Stat. 3900. pars. (13) and (14) as (15) and (16), respectively. Former 70102(12) ..... 49 App.:2603(10). pars. (15) and (16) redesignated (18) and (21), respec- tively. In this chapter, the word ‘‘country’’ is substituted for Par. (17). Pub. L. 108–492, § 2(b)(9), added par. (17). ‘‘nation’’ for consistency in the revised title and with Former par. (17) redesignated (22). other titles of the United States Code. Par. (18). Pub. L. 108–492, § 2(b)(1), redesignated par. In clause (1), before subclause (A), the text of 49 (15) as (18). App.:2603(9) is omitted as surplus because the complete Pars. (19), (20). Pub. L. 108–492, § 2(b)(10), added pars. name of the Secretary of Transportation is used the (19) and (20). first time the term appears in a section. In subclauses Par. (21). Pub. L. 108–492, § 2(b)(1), (11), redesignated (B) and (C), the words ‘‘corporation, partnership, joint par. (16) as (21) and added subpar. (E). venture, association, or other’’ are omitted as surplus. Par. (22). Pub. L. 108–492, § 2(b)(1), redesignated par. In subclause (C), the words ‘‘in regulations’’ and ‘‘in (17) as (22). such entity’’ are omitted as surplus. 2000—Pars. (8) to (17). Pub. L. 106–391 added par. (8) In clause (4), the words ‘‘propellants, launch vehicles and redesignated former pars. (8) to (16) as (9) to (17), and components thereof, and other physical’’ are omit- respectively. ted as surplus. 1998—Par. (3). Pub. L. 105–303, § 102(a)(3)(A), sub- In clause (6), the words ‘‘includes all . . . located on stituted ‘‘or reentry vehicle and any payload from a launch site which are . . . to conduct a launch’’ are Earth’’ for ‘‘and any payload’’ in introductory provi- omitted as surplus. sions and a comma for the period at end of subpar. (C) In clause (9), the words ‘‘corporation, partnership, and inserted concluding provisions. joint venture, association, or other’’ are omitted as Par. (8). Pub. L. 105–303, § 102(a)(3)(B), inserted ‘‘or re- surplus. entry vehicle’’ after ‘‘means of a launch vehicle’’. Clauses (10) and (12) are substituted for 49 Pars. (10) to (13). Pub. L. 105–303, § 102(a)(3)(D), added App.:2603(10) to eliminate unnecessary words. pars. (10) to (13). Former pars. (10) to (12) redesignated In clause (11), before subclause (A), the words ‘‘or en- (14) to (16), respectively. tity’’ are omitted as surplus. In subclause (A), the Par. (14). Pub. L. 105–303, § 102(a)(3)(C), redesignated words ‘‘its agencies’’ are omitted as surplus. par. (10) as (14). PUB. L. 104–287 Par. (15). Pub. L. 105–303, § 102(a)(3)(C), (E), redesig- nated par. (11) as (15) and inserted ‘‘or reentry services’’ This amends 49:70102(6) to correct an error in the after ‘‘launch services’’ wherever appearing. codification enacted by section 1 of the Act of July 5, Par. (16). Pub. L. 105–303, § 102(a)(3)(C), redesignated 1994 (Public Law 103–272, 108 Stat. 1331). par. (12) as (16). AMENDMENTS 1996—Par. (6). Pub. L. 104–287 substituted ‘‘facilities at that location’’ for ‘‘facilities’’. 2010—Pub. L. 111–314, § 4(d)(2), (3)(B), successively re- numbered section 70102 of title 49 and section 70102 of EFFECTIVE DATE OF 1996 AMENDMENT this title as this section. Amendment by Pub. L. 104–287 effective July 5, 1994, Par. (11). Pub. L. 111–314, § 4(d)(5)(A), substituted ‘‘sec- see section 8(1) of Pub. L. 104–287, set out as a note tion 50904(c)’’ for ‘‘section 70104(c)’’ and ‘‘section 50906’’ under section 5303 of Title 49, Transportation. for ‘‘section 70105a’’. Par. (19). Pub. L. 111–314, § 4(d)(5)(B), substituted ‘‘sec- § 50903. General authority tion 50922(c)(2)’’ for ‘‘section 70120(c)(2)’’. 2004—Par. (2). Pub. L. 108–492, § 2(b)(2), added par. (2). (a) GENERAL.—The Secretary of Transpor- Former par. (2) redesignated (3). tation shall carry out this chapter. Par. (3). Pub. L. 108–492, § 2(b)(1), redesignated par. (2) (b) FACILITATING COMMERCIAL LAUNCHES AND as (3). Former par. (3) redesignated (4). Par. (4). Pub. L. 108–492, § 2(b)(1), (3), redesignated par. REENTRIES.—In carrying out this chapter, the (3) as (4) and inserted ‘‘, crew, or space flight partici- Secretary shall— pant’’ after ‘‘any payload’’ in introductory provisions. (1) encourage, facilitate, and promote com- Former par. (4) redesignated (5). mercial space launches and reentries by the Page 77 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50903

private sector, including those involving space Science, Space Operations, and Exploration missions, flight participants; and consistent with current law and policy. (2) take actions to facilitate private sector ‘‘(b) REPORT.—The Administrator [of NASA] shall involvement in commercial space transpor- transmit a report to the Committee on Science and Technology [now Committee on Science, Space, and tation activity, and to promote public-private Technology] of the House of Representatives and the partnerships involving the United States Gov- Committee on Commerce, Science, and Transportation ernment, State governments, and the private of the Senate describing the strategy developed under sector to build, expand, modernize, or operate subsection (a) not later than 90 days after the date of a space launch and reentry infrastructure. enactment of this Act [Oct. 15, 2008]. The report shall provide, at a minimum— (c) SAFETY.—In carrying out the responsibil- ‘‘(1) the results of the Request for Information on ities under subsection (b), the Secretary shall small to medium-sized launch services released on encourage, facilitate, and promote the continu- April 22, 2008; ous improvement of the safety of launch vehi- ‘‘(2) an analysis of possible alternatives to maintain cles designed to carry humans, and the Sec- small and medium-sized lift capabilities after June retary may, consistent with this chapter, pro- 30, 2010, including the use of the Department of De- fense’s Evolved Expendable Launch Vehicle (EELV); mulgate regulations to carry out this sub- ‘‘(3) the recommended alternatives, and associated section. 5-year budget plans starting in October 2010 that (d) EXECUTIVE AGENCY ASSISTANCE.—When would enable their implementation; and necessary, the head of an executive agency shall ‘‘(4) a contingency plan in the event the rec- assist the Secretary in carrying out this chap- ommended alternatives described in paragraph (3) are ter. not available when needed.’’ (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332, EX. ORD. NO. 12465. COORDINATION AND ENCOURAGEMENT § 70103 of title 49; Pub. L. 105–303, title I, OF COMMERCIAL EXPENDABLE LAUNCH VEHICLE ACTIVI- TIES § 102(a)(4), Oct. 28, 1998, 112 Stat. 2847; Pub. L. 108–492, § 2(c)(1), (2), Dec. 23, 2004, 118 Stat. 3976; Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided: renumbered § 70103 then § 50903 of title 51, Pub. L. By the authority vested in me as President by the Constitution and laws of the United States of America, 111–314, § 4(d)(2), (3)(C), Dec. 18, 2010, 124 Stat. and in order to encourage, facilitate and coordinate the 3440.) development of commercial expendable launch vehicle (ELV) operations by private United States enterprises, HISTORICAL AND REVISION NOTES it is hereby ordered as follows: SECTION 1. The Department of Transportation is des- Revised Source (U.S. Code) Source (Statutes at Large) Section ignated as the lead agency within the Federal govern- ment for encouraging and facilitating commercial ELV 70103(a) ...... 49 App.:2604(a) Oct. 30, 1984, Pub. L. 98–575, (1st–10th words). § 5(a) (1st–10th words, (b)), activities by the United States private sector. 98 Stat. 3057. SEC. 2. Responsibilities of Lead Agency. The Secretary 70103(b) ...... 49 App.:2604(a) Oct. 30, 1984, Pub. L. 98–575, of Transportation shall, to the extent permitted by law (11th–15th words, § 5(a) (11th–15th words, cls. cls. (1), (3)). (1), (3)), 98 Stat. 3057; Nov. and subject to the availability of appropriations, per- 16, 1990, Pub. L. 101–611, form the following functions: § 117(e)(1), (3), 104 Stat. (a) act as a focal point within the Federal govern- 3203. ment for private sector space launch contacts related 70103(c) ...... 49 App.:2604(b). to commercial ELV operations; In subsection (a), the words ‘‘be responsible for’’ are (b) promote and encourage commercial ELV oper- omitted as surplus. ations in the same manner that other private United In subsection (c), the words ‘‘To the extent permitted States commercial enterprises are promoted by United by law’’ are omitted as surplus. The words ‘‘the head of States agencies; (c) provide leadership in the establishment, within af- an executive agency’’ are substituted for ‘‘Federal fected departments and agencies, of procedures that ex- agencies’’ for consistency in the revised title and with pedite the processing of private sector requests to ob- other titles of the United States Code. tain licenses necessary for commercial ELV launches AMENDMENTS and the establishment and operation of commercial launch ranges; 2010—Pub. L. 111–314 successively renumbered section (d) consult with other affected agencies to promote 70103 of title 49 and section 70103 of this title as this consistent application of ELV licensing requirements section. for the private sector and assure fair and equitable 2004—Subsec. (b)(1). Pub. L. 108–492, § 2(c)(1), inserted treatment for all private sector applicants; ‘‘, including those involving space flight participants’’ (e) serve as a single point of contact for collection after ‘‘private sector’’. and dissemination of documentation related to com- Subsecs. (c), (d). Pub. L. 108–492, § 2(c)(2), added sub- mercial ELV licensing applications; sec. (c) and redesignated former subsec. (c) as (d). (f) make recommendations to affected agencies and, 1998—Subsec. (b). Pub. L. 105–303, § 102(a)(4)(A), in- as appropriate, to the President, concerning adminis- serted ‘‘and Reentries’’ after ‘‘Launches’’ in heading. trative measures to streamline Federal government Subsec. (b)(1). Pub. L. 105–303, § 102(a)(4)(B), inserted procedures for licensing of commercial ELV activities; ‘‘and reentries’’ after ‘‘commercial space launches’’. (g) identify Federal statutes, treaties, regulations Subsec. (b)(2). Pub. L. 105–303, § 102(a)(4)(C), inserted and policies which may have an adverse impact on ELV ‘‘and reentry’’ after ‘‘space launch’’. commercialization efforts and recommend appropriate changes to affected agencies and, as appropriate, to the LAUNCH SERVICES STRATEGY President; and Pub. L. 110–422, title VI, § 621, Oct. 15, 2008, 122 Stat. (h) conduct appropriate planning regarding long-term 4801, provided that: effects of Federal activities related to ELV commer- ‘‘(a) IN GENERAL.—In preparation for the award of cialization. contracts to follow up on the current NASA [National SEC. 3. An interagency group, chaired by the Sec- Aeronautics and Space Administration] Launch Serv- retary of Transportation and composed of representa- ices (NLS) contracts, the Administrator shall develop a tives from the Department of State, the Department of strategy for providing domestic commercial launch Defense, the Department of Commerce, the Federal services in support of NASA’s small and medium-sized Communications Commission, and the National Aero- § 50904 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 78 nautics and Space Administration, is hereby estab- this chapter may launch or reenter a payload lished. This group shall meet at the call of the Chair only if the payload complies with all require- and shall advise and assist the Department of Trans- ments of the laws of the United States related to portation in performing its responsibilities under this launching or reentering a payload. Order. SEC. 4. Responsibilities of Other Agencies. All executive (c) PREVENTING LAUNCHES AND REENTRIES.— departments and agencies shall assist the Secretary of The Secretary of Transportation shall establish Transportation in carrying out this Order. To the ex- whether all required licenses, authorizations, tent permitted by law and in consultation with the and permits required for a payload have been ob- Secretary of Transportation, they shall: tained. If no license, authorization, or permit is (a) provide the Secretary of Transportation with in- required, the Secretary may prevent the launch formation concerning agency regulatory actions which or reentry if the Secretary decides the launch or may affect development of commercial ELV operations; (b) review and revise their regulations and procedures reentry would jeopardize the public health and to eliminate unnecessary regulatory obstacles to the safety, safety of property, or national security development of commercial ELV operations and to en- or foreign policy interest of the United States. sure that those regulations and procedures found essen- (d) SINGLE LICENSE OR PERMIT.—The Secretary tial are administered as efficiently as possible; and of Transportation shall ensure that only 1 li- (c) establish timetables for the expeditious handling cense or permit is required from the Department of and response to applications for licenses and approv- of Transportation to conduct activities involv- als for commercial ELV activities. ing crew or space flight participants, including SEC. 5. The powers granted to the Secretary of Trans- portation to encourage, facilitate and coordinate the launch and reentry, for which a license or per- overall ELV commercialization process shall not di- mit is required under this chapter. The Sec- minish or abrogate any statutory or operational au- retary shall ensure that all Department of thority exercised by any other Federal agency. Transportation regulations relevant to the li- SEC. 6. Nothing contained in this Order or in any pro- censed or permitted activity are satisfied. cedures promulgated hereunder shall confer any sub- stantive or procedural right or privilege on any person (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332, or organization, enforceable against the United States, § 70104 of title 49; Pub. L. 105–303, title I, its agencies, its officers or any person. § 102(a)(5), Oct. 28, 1998, 112 Stat. 2847; Pub. L. SEC. 7. This Order shall be effective immediately. 108–492, § 2(c)(3)–(5), Dec. 23, 2004, 118 Stat. 3976; RONALD REAGAN. renumbered § 70104 then § 50904 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(D), § 50904. Restrictions on launches, operations, and (5)(C)–(E), Dec. 18, 2010, 124 Stat. 3440, 3441.) reentries HISTORICAL AND REVISION NOTES (a) REQUIREMENT.—A license issued or trans- ferred under this chapter, or a permit, is re- Revised Source (U.S. Code) Source (Statutes at Large) quired for the following: Section (1) for a person to launch a launch vehicle or 70104(a) ...... 49 App.:2605(a). Oct. 30, 1984, Pub. L. 98–575, to operate a launch site or reentry site, or to § 6(a), (b), 98 Stat. 3057. 70104(b) ...... 49 App.:2605(b)(1) reenter a reentry vehicle, in the United (1st sentence). States. 70104(c) ...... 49 App.:2605(b)(1) (last sentence), (2) for a citizen of the United States (as de- (2). fined in section 50902(1)(A) or (B) of this title) to launch a launch vehicle or to operate a In subsection (a)(2)–(4), the cross-reference is to sec- launch site or reentry site, or to reenter a re- tion 70102(1) of the revised title (restating 49 entry vehicle, outside the United States. App.:2603(12)) rather than to section 70102(11) (restating (3) for a citizen of the United States (as de- 49 App.:2603(11)) to correct a mistake. Section 3(2) of fined in section 50902(1)(C) of this title) to the Commercial Space Launch Act Amendments of 1988 (Public Law 100–657, 102 Stat. 3900) redesignated 49 launch a launch vehicle or to operate a launch App.:2603(11) as 49 App.:2603(12) but did not amend the site or reentry site, or to reenter a reentry ve- cross-reference in 49 App.:2605(a). hicle, outside the United States and outside In subsection (a)(3) and (4), the words ‘‘the govern- the territory of a foreign country unless there ment of’’ are added for consistency in the revised title is an agreement between the United States and with other titles of the United States Code. The Government and the government of the for- words ‘‘in force’’ are omitted as surplus. eign country providing that the government of In subsection (a)(3), the words ‘‘at any place which is both’’ are omitted as surplus. the foreign country has jurisdiction over the In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) launch or operation or reentry. is omitted as surplus. (4) for a citizen of the United States (as de- In subsection (c), the words ‘‘by Federal law’’, ‘‘which fined in section 50902(1)(C) of this title) to is to be launched’’, ‘‘by any Federal law’’, ‘‘take such launch a launch vehicle or to operate a launch action under this chapter as the Secretary deems nec- site or reentry site, or to reenter a reentry ve- essary to’’, and ‘‘of a payload by a holder of a launch hicle, in the territory of a foreign country if license under this chapter’’ are omitted as surplus. there is an agreement between the United AMENDMENTS States Government and the government of the 2010—Pub. L. 111–314, § 4(d)(2), (3)(D), successively re- foreign country providing that the United numbered section 70104 of title 49 and section 70104 of States Government has jurisdiction over the this title as this section. launch or operation or reentry. Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(C), substituted Notwithstanding this subsection, a permit shall ‘‘section 50902(1)(A) or (B)’’ for ‘‘section 70102(1)(A) or (B)’’. not authorize a person to operate a launch site Subsec. (a)(3). Pub. L. 111–314, § 4(d)(5)(D), substituted or reentry site. ‘‘section 50902(1)(C)’’ for ‘‘section 70102(1)(C)’’. (b) COMPLIANCE WITH PAYLOAD REQUIRE- Subsec. (a)(4). Pub. L. 111–314, § 4(d)(5)(E), substituted MENTS.—The holder of a license or permit under ‘‘section 50902(1)(C)’’ for ‘‘section 70102(1)(C)’’. Page 79 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50905

2004—Subsec. (a). Pub. L. 108–492, § 2(c)(3), substituted launch vehicle or the operation of a launch site ‘‘Requirement’’ for ‘‘License Requirement’’ in heading or a reentry site, or the reentry of a reentry ve- and ‘‘A license issued or transferred under this chapter, hicle, are requirements for a license or permit or a permit,’’ for ‘‘A license issued or transferred under under this chapter. this chapter’’ in introductory provisions and inserted concluding provisions. (2) The Secretary may prescribe— Subsec. (b). Pub. L. 108–492, § 2(c)(4), inserted ‘‘or per- (A) any term necessary to ensure compliance mit’’ after ‘‘holder of a license’’. with this chapter, including on-site verifica- Subsec. (d). Pub. L. 108–492, § 2(c)(5), added subsec. (d). tion that a launch, operation, or reentry com- 1998—Pub. L. 105–303, § 102(a)(5)(A), substituted ‘‘Re- plies with representations stated in the appli- strictions on launches, operations, and reentries’’ for cation; ‘‘Restrictions on launches and operations’’ in section catchline. (B) any additional requirement necessary to Subsec. (a)(1), (2). Pub. L. 105–303, § 102(a)(5)(B), in- protect the public health and safety, safety of serted ‘‘or reentry site, or to reenter a reentry vehi- property, national security interests, and for- cle,’’ after ‘‘operate a launch site’’. eign policy interests of the United States; Subsec. (a)(3), (4). Pub. L. 105–303, § 102(a)(5)(B), (C), (C) by regulation that a requirement of a inserted ‘‘or reentry site, or to reenter a reentry vehi- law of the United States not be a requirement cle,’’ after ‘‘operate a launch site’’ and ‘‘or reentry’’ for a license or permit if the Secretary, after after ‘‘launch or operation’’. Subsec. (b). Pub. L. 105–303, § 102(a)(5)(D), struck out consulting with the head of the appropriate ‘‘launch’’ before ‘‘license’’ and inserted ‘‘or reenter’’ executive agency, decides that the require- after ‘‘may launch’’ and ‘‘or reentering’’ after ‘‘related ment is not necessary to protect the public to launching’’. health and safety, safety of property, and na- Subsec. (c). Pub. L. 105–303, § 102(a)(5)(E), substituted tional security and foreign policy interests of ‘‘Preventing Launches and Reentries’’ for ‘‘Preventing the United States; Launches’’ in heading and inserted ‘‘or reentry’’ after (D) additional license requirements, for a ‘‘prevent the launch’’ and after ‘‘decides the launch’’ in second sentence. launch vehicle carrying a human being for compensation or hire, necessary to protect the § 50905. License applications and requirements health and safety of crew or space flight par- ticipants, only if such requirements are im- (a) APPLICATIONS.—(1) A person may apply to the Secretary of Transportation for a license or posed pursuant to final regulations issued in transfer of a license under this chapter in the accordance with subsection (c); and form and way the Secretary prescribes. Consist- (E) regulations establishing criteria for ac- ent with the public health and safety, safety of cepting or rejecting an application for a li- property, and national security and foreign pol- cense or permit under this chapter within 60 icy interests of the United States, the Sec- days after receipt of such application. retary, not later than 180 days after accepting (3) The Secretary may waive a requirement, an application in accordance with criteria estab- including the requirement to obtain a license, lished pursuant to subsection (b)(2)(D),1 shall for an individual applicant if the Secretary de- issue or transfer a license if the Secretary de- cides that the waiver is in the public interest cides in writing that the applicant complies, and and will not jeopardize the public health and will continue to comply, with this chapter and safety, safety of property, and national security regulations prescribed under this chapter. The and foreign policy interests of the United Secretary shall inform the applicant of any States. The Secretary may not grant a waiver pending issue and action required to resolve the under this paragraph that would permit the issue if the Secretary has not made a decision launch or reentry of a launch vehicle or a re- not later than 120 days after accepting an appli- entry vehicle without a license or permit if a cation in accordance with criteria established human being will be on board. pursuant to subsection (b)(2)(D).1 The Secretary (4) The holder of a license or a permit under shall transmit to the Committee on Science of this chapter may launch or reenter crew only the House of Representatives and the Commit- if— tee on Commerce, Science, and Transportation (A) the crew has received training and has of the Senate a written notice not later than 30 satisfied medical or other standards specified days after any occurrence when the Secretary in the license or permit in accordance with has not taken action on a license application regulations promulgated by the Secretary; within the deadline established by this sub- (B) the holder of the license or permit has section. informed any individual serving as crew in (2) In carrying out paragraph (1), the Sec- writing, prior to executing any contract or retary may establish procedures for safety ap- other arrangement to employ that individual provals of launch vehicles, reentry vehicles, (or, in the case of an individual already em- safety systems, processes, services, or personnel ployed as of the date of enactment of the Com- (including approval procedures for the purpose mercial Space Launch Amendments Act of of protecting the health and safety of crews and 2004, as early as possible, but in any event space flight participants, to the extent per- prior to any launch in which the individual mitted by subsections (b) and (c)) that may be will participate as crew), that the United used in conducting licensed commercial space States Government has not certified the launch or reentry activities. launch vehicle as safe for carrying crew or (b) REQUIREMENTS.—(1) Except as provided in space flight participants; and this subsection, all requirements of the laws of (C) the holder of the license or permit and the United States applicable to the launch of a crew have complied with all requirements of the laws of the United States that apply to 1 See References in Text note below. crew. § 50905 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 80

(5) The holder of a license or a permit under mitted commercial human space flight that this chapter may launch or reenter a space posed a high risk of causing a serious or flight participant only if— fatal injury (as defined in 49 CFR 830, as in (A) in accordance with regulations promul- effect on November 10, 2004) to crew or space gated by the Secretary, the holder of the li- flight participants; and cense or permit has informed the space flight (D) be issued with a description of the in- participant in writing about the risks of the stance or instances when the design feature or launch and reentry, including the safety operating practice being restricted or prohib- record of the launch or reentry vehicle type, ited contributed to a result or event described and the Secretary has informed the space in subparagraph (C). flight participant in writing of any relevant information related to risk or probable loss (3) Beginning on October 1, 2015, the Secretary during each phase of flight gathered by the may propose regulations under this subsection Secretary in making the determination re- without regard to paragraph (2)(C) and (D). Any quired by section 50914(a)(2) and (c); such regulations shall take into consideration (B) the holder of the license or permit has the evolving standards of safety in the commer- informed any space flight participant in writ- cial space flight industry. ing, prior to receiving any compensation from (4) Nothing in this subsection shall be con- that space flight participant or (in the case of strued to limit the authority of the Secretary to a space flight participant not providing com- issue requirements or regulations to protect the pensation) otherwise concluding any agree- public health and safety, safety of property, na- ment to fly that space flight participant, that tional security interests, and foreign policy in- the United States Government has not cer- terests of the United States. tified the launch vehicle as safe for carrying (d) PROCEDURES AND TIMETABLES.—The Sec- crew or space flight participants; retary shall establish procedures and timetables (C) in accordance with regulations promul- that expedite review of a license or permit appli- gated by the Secretary, the space flight par- cation and reduce the regulatory burden for an ticipant has provided written informed con- applicant. sent to participate in the launch and reentry (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1333, and written certification of compliance with § 70105 of title 49; Pub. L. 105–303, title I, any regulations promulgated under paragraph § 102(a)(6), Oct. 28, 1998, 112 Stat. 2848; Pub. L. (6)(A); and 108–492, § 2(c)(6)–(15), Dec. 23, 2004, 118 Stat. (D) the holder of the license or permit has 3976–3979; renumbered § 70105 then § 50905 of title complied with any regulations promulgated by 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(E), the Secretary pursuant to paragraph (6). (5)(F), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. L. (6)(A) The Secretary may issue regulations re- 112–95, title VIII, § 827, Feb. 14, 2012, 126 Stat. quiring space flight participants to undergo an 133.) appropriate physical examination prior to a launch or reentry under this chapter. This sub- HISTORICAL AND REVISION NOTES paragraph shall cease to be in effect three years Revised Source (U.S. Code) Source (Statutes at Large) after the date of enactment of the Commercial Section Space Launch Amendments Act of 2004. 70105(a) ...... 49 App.:2606 (1st sen- Oct. 30, 1984, Pub. L. 98–575, (B) The Secretary may issue additional regula- tence). §§ 7 (1st sentence), 8, 9(a), (b), 98 Stat. 3058. tions setting reasonable requirements for space 49 App.:2608(a) (1st flight participants, including medical and train- sentence), (b) (1st, 3d, last sen- ing requirements. Such regulations shall not be tences). effective before the expiration of 3 years after 70105(b)(1) .. 49 App.:2607(a)(1). 70105(b) 49 App.:2608(b) (2d the date of enactment of the Commercial Space (2)(A). sentence). Launch Amendments Act of 2004. 70105(b) 49 App.:2607(b). (2)(B). (c) SAFETY REGULATIONS.—(1) The Secretary 70105(b) 49 App.:2607(a)(2). may issue regulations governing the design or (2)(C). 70105(b)(3) .. 49 App.:2607(c). operation of a launch vehicle to protect the 70105(c) ...... 49 App.:2608(a) (last health and safety of crew and space flight par- sentence). ticipants. (2) Regulations issued under this subsection In subsection (a), the words ‘‘for launching one or shall— more launch vehicles or for operating one or more (A) describe how such regulations would be launch sites, or both’’ in 49 App.:2606 are omitted as surplus. applied when the Secretary is determining In subsection (b)(2)(C), the words ‘‘that would other- whether to issue a license under this chapter; wise apply to the launch of a launch vehicle or the op- (B) apply only to launches in which a vehicle eration of a launch site’’ are omitted as surplus. The will be carrying a human being for compensa- words ‘‘the head of’’ are added for consistency in the re- tion or hire; vised title and with other titles of the United States (C) be limited to restricting or prohibiting Code. design features or operating practices that— REFERENCES IN TEXT (i) have resulted in a serious or fatal in- jury (as defined in 49 CFR 830, as in effect on Subsection (b)(2)(D), referred to in subsec. (a)(1), was redesignated subsection (b)(2)(E) by Pub. L. 108–492, November 10, 2004) to crew or space flight § 2(c)(10), Dec. 23, 2004, 118 Stat. 3977. participants during a licensed or permitted The date of enactment of the Commercial Space commercial human space flight; or Launch Amendments Act of 2004, referred to in subsec. (ii) contributed to an unplanned event or (b)(4)(B), (6), is the date of enactment of Pub. L. 108–492, series of events during a licensed or per- which was approved Dec. 23, 2004. Page 81 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50906

AMENDMENTS under this section in the form and manner the 2012—Subsec. (c)(3). Pub. L. 112–95 substituted ‘‘Begin- Secretary prescribes. Consistent with the pro- ning on October 1, 2015,’’ for ‘‘Beginning 8 years after tection of the public health and safety, safety of the date of enactment of the Commercial Space Launch property, and national security and foreign pol- Amendments Act of 2004,’’. icy interests of the United States, the Sec- 2010—Pub. L. 111–314, § 4(d)(2), (3)(E), successively re- retary, not later than 120 days after receiving an numbered section 70105 of title 49 and section 70105 of this title as this section. application pursuant to this section, shall issue Subsec. (b)(5)(A). Pub. L. 111–314, § 4(d)(5)(F), sub- a permit if the Secretary decides in writing that stituted ‘‘section 50914(a)(2) and (c)’’ for ‘‘section the applicant complies, and will continue to 70112(a)(2) and (c)’’. comply, with this chapter and regulations pre- 2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(6)(A), sub- scribed under this chapter. The Secretary shall stituted ‘‘the Secretary has not taken action on a li- inform the applicant of any pending issue and cense application’’ for ‘‘a license is not issued’’. Subsec. (a)(2). Pub. L. 108–492, § 2(c)(6)(B), inserted action required to resolve the issue if the Sec- ‘‘(including approval procedures for the purpose of pro- retary has not made a decision not later than 90 tecting the health and safety of crews and space flight days after receiving an application. The Sec- participants, to the extent permitted by subsections (b) retary shall transmit to the Committee on and (c))’’ after ‘‘or personnel’’. Science of the House of Representatives and Subsec. (b)(1). Pub. L. 108–492, § 2(c)(7), inserted ‘‘or Committee on Commerce, Science, and Trans- permit’’ after ‘‘for a license’’. portation of the Senate a written notice not Subsec. (b)(2)(B). Pub. L. 108–492, § 2(c)(8), substituted ‘‘any’’ for ‘‘an’’. later than 15 days after any occurrence when the Subsec. (b)(2)(C). Pub. L. 108–492, § 2(c)(9), inserted ‘‘or Secretary has failed to act on a permit within permit’’ after ‘‘for a license’’ and struck out ‘‘and’’ at the deadline established by this section. end. (b) In carrying out subsection (a), the Sec- Subsec. (b)(2)(D). Pub. L. 108–492, § 2(c)(10), added sub- retary may establish procedures for safety ap- par. (D). Former subpar. (D) redesignated (E). provals of launch vehicles, reentry vehicles, Subsec. (b)(2)(E). Pub. L. 108–492, § 2(c)(10), (11), redes- safety systems, processes, services, or personnel ignated subpar. (D) as (E) and inserted ‘‘or permit’’ after ‘‘for a license’’. that may be used in conducting commercial Subsec. (b)(3). Pub. L. 108–492, § 2(c)(12), inserted at space launch or reentry activities pursuant to a end ‘‘The Secretary may not grant a waiver under this permit. paragraph that would permit the launch or reentry of (c) In order to encourage the development of a a launch vehicle or a reentry vehicle without a license commercial space flight industry, the Secretary or permit if a human being will be on board.’’ may when issuing permits use the authority Subsec. (b)(4) to (6). Pub. L. 108–492, § 2(c)(13), added granted under section 50905(b)(2)(C). pars. (4) to (6). Subsec. (c). Pub. L. 108–492, § 2(c)(14), added subsec. (d) The Secretary may issue a permit only for (c). Former subsec. (c) redesignated (d). reusable suborbital rockets that will be Subsec. (d). Pub. L. 108–492, § 2(c)(14), (15), redesig- launched or reentered solely for— nated subsec. (c) as (d) and inserted ‘‘or permit’’ after (1) research and development to test new de- ‘‘of a license’’. sign concepts, new equipment, or new operat- 1998—Subsec. (a). Pub. L. 105–303, § 102(a)(6)(B), sub- ing techniques; stituted ‘‘accepting an application in accordance with (2) showing compliance with requirements as criteria established pursuant to subsection (b)(2)(D)’’ part of the process for obtaining a license for ‘‘receiving an application’’ in two places. Pub. L. 105–303, § 102(a)(6)(A), (C), designated existing under this chapter; or provisions as par. (1), inserted ‘‘The Secretary shall (3) crew training prior to obtaining a license transmit to the Committee on Science of the House of for a launch or reentry using the design of the Representatives and the Committee on Commerce, rocket for which the permit would be issued. Science, and Transportation of the Senate a written (e) Permits issued under this section shall— notice not later than 30 days after any occurrence when (1) authorize an unlimited number of a license is not issued within the deadline established by this subsection.’’ at end of par. (1), and added par. launches and reentries for a particular sub- (2). orbital rocket design for the uses described in Subsec. (b)(1). Pub. L. 105–303, § 102(a)(6)(D), inserted subsection (d); and ‘‘or a reentry site, or the reentry of a reentry vehicle,’’ (2) specify the type of modifications that after ‘‘operation of a launch site’’. may be made to the suborbital rocket without Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(6)(E), sub- changing the design to an extent that would stituted ‘‘, operation, or reentry’’ for ‘‘or operation’’. invalidate the permit. Subsec. (b)(2)(D). Pub. L. 105–303, § 102(a)(6)(F)–(H), added subpar. (D). (f) Permits shall not be transferable. Subsec. (b)(3). Pub. L. 105–303, § 102(a)(6)(I), inserted (g) A permit may not be issued for, and a per- ‘‘, including the requirement to obtain a license,’’ after mit that has already been issued shall cease to ‘‘waive a requirement’’. be valid for, a particular design for a reusable CHANGE OF NAME suborbital rocket after a license has been issued Committee on Science of House of Representatives for the launch or reentry of a rocket of that de- changed to Committee on Science and Technology of sign. House of Representatives by House Resolution No. 6, (h) No person may operate a reusable sub- One Hundred Tenth Congress, Jan. 5, 2007. Committee orbital rocket under a permit for carrying any on Science and Technology of House of Representatives property or human being for compensation or changed to Committee on Science, Space, and Tech- hire. nology of House of Representatives by House Resolu- (i) For the purposes of sections 50907, 50908, tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. 50909, 50910, 50912, 50914, 50917, 50918, 50919, and § 50906. Experimental permits 50923 of this chapter— (1) a permit shall be considered a license; (a) A person may apply to the Secretary of (2) the holder of a permit shall be considered Transportation for an experimental permit a licensee; § 50907 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 82

(3) a vehicle operating under a permit shall HISTORICAL AND REVISION NOTES—CONTINUED be considered to be licensed; and Revised (4) the issuance of a permit shall be consid- Section Source (U.S. Code) Source (Statutes at Large) ered licensing. 70106(b) ...... 49 App.:2613(b). This subsection shall not be construed to allow the transfer of a permit. In subsection (a), the word ‘‘duties’’ is substituted for ‘‘responsibilities’’ for consistency in the revised title (Added Pub. L. 108–492, § 2(c)(16), Dec. 23, 2004, 118 and with other titles of the United States Code. Stat. 3979, § 70105a of title 49; renumbered § 70105a AMENDMENTS then § 50906 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(F), (5)(G), (H), Dec. 18, 2010, 2010—Pub. L. 111–314, § 4(d)(2), (3)(G), successively re- 124 Stat. 3440–3442.) numbered section 70106 of title 49 and section 70106 of this title as this section. AMENDMENTS Subsec. (a). Pub. L. 111–314, § 4(d)(5)(I), substituted ‘‘sections 50904(c), 50905, and 50906’’ for ‘‘sections 2010—Pub. L. 111–314, § 4(d)(2), (3)(F), successively re- 70104(c), 70105, and 70105a’’. numbered section 70105a of title 49 and section 70105a of 2004—Subsec. (a). Pub. L. 108–492 inserted ‘‘at a site this title as this section. used for crew or space flight participant training,’’ Subsec. (c). Pub. L. 111–314, § 4(d)(5)(G), substituted after ‘‘assemble a launch vehicle or reentry vehicle,’’ ‘‘section 50905(b)(2)(C)’’ for ‘‘section 70105(b)(2)(C)’’. and substituted ‘‘sections 70104(c), 70105, and 70105a’’ for Subsec. (i). Pub. L. 111–314, § 4(d)(5)(H), substituted ‘‘section 70104(c)’’. ‘‘sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 1998—Subsec. (a). Pub. L. 105–303, in first sentence, in- 50918, 50919, and 50923’’ for ‘‘sections 70106, 70107, 70108, serted ‘‘or reentry site’’ after ‘‘observer at a launch 70109, 70110, 70112, 70115, 70116, 70117, and 70121’’ in intro- site’’ and ‘‘or reentry vehicle’’ after ‘‘assemble a launch ductory provisions. vehicle’’ and after ‘‘with a launch vehicle’’. CHANGE OF NAME § 50908. Effective periods, and modifications, sus- Committee on Science of House of Representatives pensions, and revocations, of licenses changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, (a) EFFECTIVE PERIODS OF LICENSES.—The Sec- One Hundred Tenth Congress, Jan. 5, 2007. Committee retary of Transportation shall specify the period on Science and Technology of House of Representatives for which a license issued or transferred under changed to Committee on Science, Space, and Tech- this chapter is in effect. nology of House of Representatives by House Resolu- (b) MODIFICATIONS.—(1) On the initiative of the tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. Secretary or on application of the licensee, the Secretary may modify a license issued or trans- § 50907. Monitoring activities ferred under this chapter if the Secretary de- (a) GENERAL REQUIREMENTS.—A licensee under cides the modification will comply with this this chapter must allow the Secretary of Trans- chapter. portation to place an officer or employee of the (2) The Secretary shall modify a license issued United States Government or another individual or transferred under this chapter whenever a as an observer at a launch site or reentry site modification is needed for the license to be in the licensee uses, at a production facility or as- conformity with a regulation that was issued sembly site a contractor of the licensee uses to pursuant to section 50905(c) after the issuance of produce or assemble a launch vehicle or reentry the license. This paragraph shall not apply to vehicle, at a site used for crew or space flight permits. participant training, or at a site at which a pay- (c) SUSPENSIONS AND REVOCATIONS.—The Sec- load is integrated with a launch vehicle or re- retary may suspend or revoke a license if the entry vehicle. The observer will monitor the ac- Secretary decides that— tivity of the licensee or contractor at the time (1) the licensee has not complied substan- and to the extent the Secretary considers rea- tially with a requirement of this chapter or a sonable to ensure compliance with the license or regulation prescribed under this chapter; or to carry out the duties of the Secretary under (2) the suspension or revocation is necessary sections 50904(c), 50905, and 50906 of this title. A to protect the public health and safety, the licensee must cooperate with an observer carry- safety of property, or a national security or ing out this subsection. foreign policy interest of the United States. (b) CONTRACTS.—To the extent provided in ad- (d) ADDITIONAL SUSPENSIONS.—(1) The Sec- vance in an appropriation law, the Secretary retary may suspend a license when a previous may make a contract with a person to carry out launch or reentry under the license has resulted subsection (a) of this section. in a serious or fatal injury (as defined in 49 CFR (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, 830, as in effect on November 10, 2004) to crew or § 70106 of title 49; Pub. L. 105–303, title I, space flight participants and the Secretary has § 102(a)(7), Oct. 28, 1998, 112 Stat. 2848; Pub. L. determined that continued operations under the 108–492, § 2(c)(17), Dec. 23, 2004, 118 Stat. 3980; re- license are likely to cause additional serious or numbered § 70106 then § 50907 of title 51 and fatal injury (as defined in 49 CFR 830, as in effect amended Pub. L. 111–314, § 4(d)(2), (3)(G), (5)(I), on November 10, 2004) to crew or space flight Dec. 18, 2010, 124 Stat. 3440–3442.) participants. (2) Any suspension imposed under this sub- HISTORICAL AND REVISION NOTES section shall be for as brief a period as possible Revised and, in any event, shall cease when the Sec- Section Source (U.S. Code) Source (Statutes at Large) retary— 70106(a) ...... 49 App.:2613(a). Oct. 30, 1984, Pub. L. 98–575, (A) has determined that the licensee has § 14, 98 Stat. 3060. taken sufficient steps to reduce the likelihood Page 83 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50910

of a recurrence of the serious or fatal injury; (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, or § 70108 of title 49; Pub. L. 105–303, title I, (B) has modified the license pursuant to sub- § 102(a)(8), Oct. 28, 1998, 112 Stat. 2848; renum- section (b) to sufficiently reduce the likeli- bered § 70108 then § 50909 of title 51 and amended hood of a recurrence of the serious or fatal in- Pub. L. 111–314, § 4(d)(2), (3)(I), (5)(L), Dec. 18, jury. 2010, 124 Stat. 3440–3442.)

(3) This subsection shall not apply to permits. HISTORICAL AND REVISION NOTES (e) EFFECTIVE PERIODS OF MODIFICATIONS, SUS- PENSIONS, AND REVOCATIONS.—Unless the Sec- Revised Source (U.S. Code) Source (Statutes at Large) retary specifies otherwise, a modification, sus- Section pension, or revocation under this section takes 70108(a) ...... 49 App.:2610(a). Oct. 30, 1984, Pub. L. 98–575, § 11, 98 Stat. 3059. effect immediately and remains in effect during 70108(b) ...... 49 App.:2610(b). a review under section 50912 of this title. (f) NOTIFICATION.—The Secretary shall notify AMENDMENTS the licensee in writing of the decision of the 2010—Pub. L. 111–314, § 4(d)(2), (3)(I), successively re- Secretary under this section and any action the numbered section 70108 of title 49 and section 70108 of Secretary takes or proposes to take based on the this title as this section. decision. Subsec. (b). Pub. L. 111–314, § 4(d)(5)(L), substituted (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, ‘‘section 50912’’ for ‘‘section 70110’’. § 70107 of title 49; Pub. L. 108–492, § 2(c)(18), (19), 1998—Pub. L. 105–303, § 102(a)(8)(A), substituted ‘‘Pro- hibition, suspension, and end of launches, operation of Dec. 23, 2004, 118 Stat. 3980; renumbered § 70107 launch sites and reentry sites, and reentries’’ for ‘‘Pro- then § 50908 of title 51 and amended Pub. L. hibition, suspension, and end of launches and operation 111–314, § 4(d)(2), (3)(H), (5)(J), (K), Dec. 18, 2010, of launch sites’’ in section catchline. 124 Stat. 3440–3442.) Subsec. (a). Pub. L. 105–303, § 102(a)(8)(B), inserted ‘‘or reentry site, or reentry of a reentry vehicle,’’ after ‘‘op- HISTORICAL AND REVISION NOTES eration of a launch site’’ and ‘‘or reentry’’ after ‘‘launch or operation’’. Revised Source (U.S. Code) Source (Statutes at Large) Section § 50910. Preemption of scheduled launches or re- 70107(a) ...... 49 App.:2606 (last Oct. 30, 1984, Pub. L. 98–575, entries sentence). §§ 7 (last sentence), 10, 98 Stat. 3058, 3059. (a) GENERAL.—With the cooperation of the 70107(b) ...... 49 App.:2609(b). 70107(c) ...... 49 App.:2609(a). Secretary of Defense and the Administrator of 70107(d) ...... 49 App.:2609(c). the National Aeronautics and Space Administra- 70107(e) ...... 49 App.:2609(d). tion, the Secretary of Transportation shall act In subsection (a), the words ‘‘of time’’ and ‘‘in accord- to ensure that a launch or reentry of a payload ance with regulations issued under this chapter’’ are is not preempted from access to a United States omitted as surplus. Government launch site, reentry site, or launch In subsection (b), the words ‘‘the requirements of’’ property, except for imperative national need, are omitted as surplus. In subsection (e), the words ‘‘Whenever the Secretary when a launch date commitment or reentry date takes any action’’ are omitted as surplus. commitment from the Government has been ob- tained for a launch or reentry licensed under AMENDMENTS this chapter. A licensee or transferee preempted 2010—Pub. L. 111–314, § 4(d)(2), (3)(H), successively re- from access to a launch site, reentry site, or numbered section 70107 of title 49 and section 70107 of launch property does not have to pay the Gov- this title as this section. ernment any amount for launch services, or Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(J), substituted ‘‘section 50905(c)’’ for ‘‘section 70105(c)’’. services related to a reentry, attributable only Subsec. (e). Pub. L. 111–314, § 4(d)(5)(K), substituted to the scheduled launch or reentry prevented by ‘‘section 50912’’ for ‘‘section 70110’’. the preemption. 2004—Subsec. (b). Pub. L. 108–492, § 2(c)(18), designated (b) IMPERATIVE NATIONAL NEED DECISIONS.—In existing text as par. (1) and added par. (2). consultation with the Secretary of Transpor- Subsecs. (d) to (f). Pub. L. 108–492, § 2(c)(19), added tation, the Secretary of Defense or the Adminis- subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. trator shall decide when an imperative national need requires preemption under subsection (a) of § 50909. Prohibition, suspension, and end of this section. That decision may not be dele- launches, operation of launch sites and re- gated. entry sites, and reentries (c) REPORTS.—In cooperation with the Sec- retary of Transportation, the Secretary of De- (a) GENERAL AUTHORITY.—The Secretary of fense or the Administrator, as appropriate, shall Transportation may prohibit, suspend, or end submit to Congress not later than 7 days after a immediately the launch of a launch vehicle or decision to preempt under subsection (a) of this the operation of a launch site or reentry site, or section, a report that includes an explanation of reentry of a reentry vehicle, licensed under this the circumstances justifying the decision and a chapter if the Secretary decides the launch or schedule for ensuring the prompt launching or operation or reentry is detrimental to the public reentry of a preempted payload. health and safety, the safety of property, or a national security or foreign policy interest of (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, the United States. § 70109 of title 49; Pub. L. 105–303, title I, (b) EFFECTIVE PERIODS OF ORDERS.—An order § 102(a)(9), Oct. 28, 1998, 112 Stat. 2849; renum- under this section takes effect immediately and bered § 70109 then § 50910 of title 51, Pub. L. remains in effect during a review under section 111–314, § 4(d)(2), (3)(J), Dec. 18, 2010, 124 Stat. 50912 of this title. 3440, 3441.) § 50911 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 84

HISTORICAL AND REVISION NOTES to enforce the terms of any agreement to prohibit the use of outer space for obtrusive space advertising pur- Revised Source (U.S. Code) Source (Statutes at Large) poses. Section ‘‘(3) As used in this subsection, the term ‘foreign 70109(a) ...... 49 App.:2614(b)(4)(A) Oct. 30, 1984, Pub. L. 98–575, launching nation’ means a nation— (1st, last sen- 98 Stat. 3055, § 15(b)(4); ‘‘(A) that launches, or procures the launching of, a tences). added Nov. 15, 1988, Pub. payload into outer space; or L. 100–657, § 7, 102 Stat. 3906. ‘‘(B) from the territory or facility of which a pay- 70109(b) ...... 49 App.:2614(b)(4)(A) load is launched into outer space.’’ (2d sentence). 70109(c) ...... 49 App.:2614(b)(4)(B). § 50912. Administrative hearings and judicial re- view AMENDMENTS (a) ADMINISTRATIVE HEARINGS.—The Secretary 2010—Pub. L. 111–314 successively renumbered section 70109 of title 49 and section 70109 of this title as this of Transportation shall provide an opportunity section. for a hearing on the record to— 1998—Pub. L. 105–303, § 102(a)(9)(A), substituted ‘‘Pre- (1) an applicant under this chapter, for a de- emption of scheduled launches or reentries’’ for ‘‘Pre- cision of the Secretary under section 50905(a) emption of scheduled launches’’ in section catchline. or 50906 of this title to issue or transfer a li- Subsec. (a). Pub. L. 105–303, § 102(a)(9)(B), inserted ‘‘or cense with terms or deny the issuance or reentry’’ after ‘‘ensure that a launch’’, ‘‘, reentry site,’’ transfer of a license; after ‘‘United States Government launch site’’, ‘‘or re- (2) an owner or operator of a payload under entry date commitment’’ after ‘‘launch date commit- this chapter, for a decision of the Secretary ment’’, ‘‘or reentry’’ after ‘‘obtained for a launch’’, ‘‘, reentry site,’’ after ‘‘access to a launch site’’, ‘‘, or under section 50904(c) of this title to prevent services related to a reentry,’’ after ‘‘amount for the launch or reentry of the payload; and launch services’’, and ‘‘or reentry’’ after ‘‘the scheduled (3) a licensee under this chapter, for a deci- launch’’. sion of the Secretary under— Subsec. (c). Pub. L. 105–303, § 102(a)(9)(C), inserted ‘‘or (A) section 50908(b) or (c) of this title to reentry’’ after ‘‘prompt launching’’. modify, suspend, or revoke a license; or (B) section 50909(a) of this title to prohibit, § 50911. Space advertising suspend, or end a launch or operation of a (a) LICENSING.—Notwithstanding the provi- launch site or reentry site, or reentry of a sions of this chapter or any other provision of reentry vehicle, licensed by the Secretary. law, the Secretary may not, for the launch of a (b) JUDICIAL REVIEW.—A final action of the payload containing any material to be used for Secretary under this chapter is subject to judi- the purposes of obtrusive space advertising— cial review as provided in chapter 7 of title 5. (1) issue or transfer a license under this chapter; or (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, (2) waive the license requirements of this § 70110 of title 49; Pub. L. 105–303, title I, chapter. § 102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. 108–492, § 2(c)(20), Dec. 23, 2004, 118 Stat. 3981; re- (b) LAUNCHING.—No holder of a license under numbered § 70110 then § 50912 of title 51 and this chapter may launch a payload containing amended Pub. L. 111–314, § 4(d)(2), (3)(L), any material to be used for purposes of obtru- (5)(M)–(P), Dec. 18, 2010, 124 Stat. 3440–3442.) sive space advertising. (c) COMMERCIAL SPACE ADVERTISING.—Nothing HISTORICAL AND REVISION NOTES in this section shall apply to nonobtrusive com- Revised mercial space advertising, including advertising Section Source (U.S. Code) Source (Statutes at Large) on— 70110(a)(1) .. 49 App.:2611(a)(1) Oct. 30, 1984, Pub. L. 98–575, (1) commercial space transportation vehi- (1st sentence). § 12, 98 Stat. 3060. cles; 70110(a)(2) .. 49 App.:2611(a)(1) (last sentence). (2) space infrastructure payloads; 70110(a)(3) .. 49 App.:2611(a)(2). (3) space launch facilities; and 70110(b) ...... 49 App.:2611(b). (4) launch support facilities. In subsection (a), before clause (1), the words ‘‘The (Added Pub. L. 106–391, title III, § 322(b), Oct. 30, Secretary of Transportation shall provide an oppor- 2000, 114 Stat. 1598, § 70109a of title 49; renum- tunity for a hearing on the record to’’ are substituted bered § 70109a then § 50911 of title 51, Pub. L. for ‘‘shall be entitled to a determination on the record 111–314, § 4(d)(2), (3)(K), Dec. 18, 2010, 124 Stat. after an opportunity for a hearing’’ for consistency in the revised title. The words ‘‘in accordance with sec- 3440, 3441.) tion 554 of title 5’’ are omitted for consistency and be- AMENDMENTS cause 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words ‘‘and a pro- 2010—Pub. L. 111–314 successively renumbered section posed transferee of a license’’ are omitted as being in- 70109a of title 49 and section 70109a of this title as this cluded in ‘‘applicant’’. section. In subsection (b), the words ‘‘to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify NEGOTIATION WITH FOREIGN LAUNCHING NATIONS a license or to terminate, prohibit, or suspend any Pub. L. 106–391, title III, § 322(c), Oct. 30, 2000, 114 Stat. launch or operation of a launch site licensed by the 1598, provided that: Secretary or to prevent the launch of a payload’’ are ‘‘(1) The President is requested to negotiate with for- omitted as surplus. eign launching nations for the purpose of reaching one AMENDMENTS or more agreements that prohibit the use of outer space for obtrusive space advertising purposes. 2010—Pub. L. 111–314, § 4(d)(2), (3)(L), successively re- ‘‘(2) It is the sense of the Congress that the President numbered section 70110 of title 49 and section 70110 of should take such action as is appropriate and feasible this title as this section. Page 85 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50913

Subsec. (a)(1). Pub. L. 111–314, § 4(d)(5)(M), substituted ury. Amounts (except for excess launch prop- ‘‘section 50905(a) or 50906’’ for ‘‘section 70105(a) or erty) shall be credited to the appropriation from 70105a’’. which the cost of providing the property or serv- Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(N), substituted ices was paid. ‘‘section 50904(c)’’ for ‘‘section 70104(c)’’. Subsec. (a)(3)(A). Pub. L. 111–314, § 4(d)(5)(O), sub- (d) COLLECTION BY OTHER GOVERNMENTAL stituted ‘‘section 50908(b) or (c)’’ for ‘‘section 70107(b) or HEADS.—The head of a department, agency, or (c)’’. instrumentality of the Government may collect Subsec. (a)(3)(B). Pub. L. 111–314, § 4(d)(5)(P), sub- a payment for an activity involved in producing stituted ‘‘section 50909(a)’’ for ‘‘section 70108(a)’’. a launch vehicle or reentry vehicle, or the pay- 2004—Subsec. (a)(1). Pub. L. 108–492 inserted ‘‘or load of either, for launch or reentry if the activ- 70105a’’ after ‘‘70105(a)’’. ity was agreed to by the owner or manufacturer 1998—Subsec. (a)(2). Pub. L. 105–303, § 102(a)(10)(A), in- of the launch vehicle, reentry vehicle, or pay- serted ‘‘or reentry’’ after ‘‘prevent the launch’’. Subsec. (a)(3)(B). Pub. L. 105–303, § 102(a)(10)(B), in- load. serted ‘‘or reentry site, or reentry of a reentry vehi- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, cle,’’ after ‘‘operation of a launch site’’ § 70111 of title 49; Pub. L. 105–303, title I, § 50913. Acquiring United States Government § 102(a)(11), Oct. 28, 1998, 112 Stat. 2849; renum- property and services bered § 70111 then § 50913 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(M), Dec. 18, 2010, 124 Stat. (a) GENERAL REQUIREMENTS AND CONSIDER- 3440, 3441.) ATIONS.—(1) The Secretary of Transportation shall facilitate and encourage the acquisition by HISTORICAL AND REVISION NOTES the private sector and State governments of— Revised (A) launch or reentry property of the United Section Source (U.S. Code) Source (Statutes at Large) States Government that is excess or otherwise 70111(a) ...... 49 App.:2614(a). Oct. 30, 1984, Pub. L. 98–575, is not needed for public use; and § 15(a), 98 Stat. 3060; Nov. 15, 1988, Pub. L. 100–657, (B) launch services and reentry services, in- § 4(a), 102 Stat. 3900; Nov. cluding utilities, of the Government otherwise 16, 1990, Pub. L. 101–611, § 117(b), 104 Stat. 3202. not needed for public use. 70111(b) ...... 49 App.:2614(b)(1). Oct. 30, 1984, Pub. L. 98–575, § 15(b)(1), 98 Stat. 3061; (2) In acting under paragraph (1) of this sub- Nov. 15, 1988, Pub. L. section, the Secretary shall consider the com- 100–657, § 4(b), 102 Stat. 3901. mercial availability on reasonable terms of sub- 70111(c) ...... 49 App.:2614(b)(2), Oct. 30, 1984, Pub. L. 98–575, stantially equivalent launch property or launch (3). § 15(b)(2), (3), 98 Stat. 3061. 70111(d) ...... 49 App.:2614(d). Oct. 30, 1984, Pub. L. 98–575, services or reentry services from a domestic 98 Stat. 3055, § 15(d); added source, whether such source is located on or off Nov. 15, 1988, Pub. L. 100–657, § 4(c), 102 Stat. a Federal range. 3901. (b) PRICE.—(1) In this subsection, ‘‘direct costs’’ means the actual costs that— In subsection (a)(1), before clause (A), the words (A) can be associated unambiguously with a ‘‘take such actions as may be necessary to’’ and ‘‘(by commercial launch or reentry effort; and lease, sale, transaction in lieu of sale, or otherwise)’’ (B) the Government would not incur if there are omitted as surplus. were no commercial launch or reentry effort. In subsections (b)(2) and (c), the words ‘‘the head of’’ are added for consistency in the revised title and with (2) In consultation with the Secretary, the other titles of the United States Code. head of the executive agency providing the prop- In subsection (b)(2), before clause (A), the word erty or service under subsection (a) of this sec- ‘‘price’’ is substituted for ‘‘amount to be paid to the tion shall establish the price for the property or United States’’ and ‘‘the amount of such payment’’ to eliminate unnecessary words. The words ‘‘by any per- service. The price for— son who acquires launch property or launch services, (A) acquiring launch property by sale or including utilities’’ are omitted as surplus. In clause transaction instead of sale is the fair market (C), the words ‘‘including utilities’’ are omitted as sur- value; plus. The words ‘‘basic pay’’ are substituted for ‘‘sala- (B) acquiring launch property (except by ries’’ for clarity. sale or transaction instead of sale) is an In subsection (c), the word ‘‘collected’’ is substituted amount equal to the direct costs, including for ‘‘received’’ for consistency in this section. The specific wear and tear and property damage, words ‘‘by the United States for launch property or launch services, including utilities’’ and ‘‘the general the Government incurred because of acquisi- fund of’’ are omitted as surplus. tion of the property; and In subsection (d), the words ‘‘department, agency, or (C) launch services or reentry services is an instrumentality of the Government’’ are substituted amount equal to the direct costs, including for ‘‘Federal agency or department’’ for consistency in the basic pay of Government civilian and con- the revised title and with other titles of the Code. tractor personnel, the Government incurred AMENDMENTS because of acquisition of the services. 2010—Pub. L. 111–314 successively renumbered section (3) The Secretary shall ensure the establish- 70111 of title 49 and section 70111 of this title as this ment of uniform guidelines for, and consistent section. implementation of, this section by all Federal 1998—Subsec. (a)(1)(A). Pub. L. 105–303, § 102(a)(11)(A), agencies. inserted ‘‘or reentry’’ after ‘‘launch’’. Subsec. (a)(1)(B). Pub. L. 105–303, § 102(a)(11)(B), in- (c) COLLECTION BY SECRETARY.—The Secretary serted ‘‘and reentry services’’ after ‘‘launch services’’. may collect a payment under this section with Subsec. (a)(2). Pub. L. 105–303, § 102(a)(11)(C), (D), in- the consent of the head of the executive agency serted ‘‘or reentry services’’ after ‘‘or launch services’’ establishing the price. Amounts collected under and substituted ‘‘source, whether such source is located this subsection shall be deposited in the Treas- on or off a Federal range’’ for ‘‘source’’. § 50914 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 86

Subsec. (b)(1)(A), (B). Pub. L. 105–303, § 102(a)(11)(E), for personal injury to, death of, or property inserted ‘‘or reentry’’ after ‘‘commercial launch’’. damage or loss sustained by its own employees Subsec. (b)(2)(C). Pub. L. 105–303, § 102(a)(11)(F), in- resulting from an activity carried out under the serted ‘‘or reentry services’’ after ‘‘launch services’’. Subsec. (b)(3). Pub. L. 105–303, § 102(a)(11)(G), added applicable license. par. (3). (2) The Secretary of Transportation shall Subsec. (d). Pub. L. 105–303, § 102(a)(11)(H), (I), sub- make, for the Government, executive agencies of stituted ‘‘or reentry vehicle, or the payload of either, the Government involved in launch services or for launch or reentry’’ for ‘‘or its payload for launch’’ reentry services, and contractors and sub- and inserted ‘‘, reentry vehicle,’’ after ‘‘manufacturer contractors involved in launch services or re- of the launch vehicle’’. entry services, a reciprocal waiver of claims § 50914. Liability insurance and financial respon- with the licensee or transferee, contractors, sub- sibility requirements contractors, crew, space flight participants, and customers of the licensee or transferee, and con- (a) GENERAL REQUIREMENTS.—(1) When a tractors and subcontractors of the customers, launch or reentry license is issued or transferred involved in launch services or reentry services under this chapter, the licensee or transferee under which each party to the waiver agrees to shall obtain liability insurance or demonstrate be responsible for property damage or loss it financial responsibility in amounts to com- sustains, or for personal injury to, death of, or pensate for the maximum probable loss from property damage or loss sustained by its own claims by— employees or by space flight participants, re- (A) a third party for death, bodily injury, or sulting from an activity carried out under the property damage or loss resulting from an ac- applicable license. The waiver applies only to tivity carried out under the license; and the extent that claims are more than the (B) the United States Government against a amount of insurance or demonstration of finan- person for damage or loss to Government prop- cial responsibility required under subsection erty resulting from an activity carried out (a)(1)(B) of this section. After consulting with under the license. the Administrator and the Secretary of the Air (2) The Secretary of Transportation shall de- Force, the Secretary of Transportation may termine the amounts required under paragraph waive, for the Government and a department, (1)(A) and (B) of this subsection, after consulting agency, and instrumentality of the Government, with the Administrator of the National Aero- the right to recover damages for damage or loss nautics and Space Administration, the Sec- to Government property to the extent insurance retary of the Air Force, and the heads of other is not available because of a policy exclusion the appropriate executive agencies. Secretary of Transportation decides is usual for (3) For the total claims related to one launch the type of insurance involved. or reentry, a licensee or transferee is not re- (c) DETERMINATION OF MAXIMUM PROBABLE quired to obtain insurance or demonstrate fi- LOSSES.—The Secretary of Transportation shall nancial responsibility of more than— determine the maximum probable losses under (A)(i) $500,000,000 under paragraph (1)(A) of subsection (a)(1)(A) and (B) of this section asso- this subsection; or ciated with an activity under a license not later (ii) $100,000,000 under paragraph (1)(B) of this than 90 days after a licensee or transferee re- subsection; or quires a determination and submits all informa- (B) the maximum liability insurance avail- tion the Secretary requires. The Secretary shall able on the world market at reasonable cost if amend the determination as warranted by new the amount is less than the applicable amount information. in clause (A)(i) or (ii) of this paragraph. (d) ANNUAL REPORT.—(1) Not later than No- vember 15 of each year, the Secretary of Trans- (4) An insurance policy or demonstration of fi- portation shall submit to the Committee on nancial responsibility under this subsection Commerce, Science, and Transportation of the shall protect the following, to the extent of Senate and the Committee on Science of the their potential liability for involvement in House of Representatives a report on current de- launch services or reentry services, at no cost to terminations made under subsection (c) of this the Government: section related to all issued licenses and the rea- (A) the Government. sons for the determinations. (B) executive agencies and personnel, con- (2) Not later than May 15 of each year, the tractors, and subcontractors of the Govern- Secretary of Transportation shall review the ment. amounts specified in subsection (a)(3)(A) of this (C) contractors, subcontractors, and cus- section and submit a report to Congress that tomers of the licensee or transferee. contains proposed adjustments in the amounts (D) contractors and subcontractors of the to conform with changed liability expectations customer. and availability of insurance on the world mar- (b) RECIPROCAL WAIVER OF CLAIMS.—(1) A ket. The proposed adjustment takes effect 30 launch or reentry license issued or transferred days after a report is submitted. under this chapter shall contain a provision re- (e) LAUNCHES OR REENTRIES INVOLVING GOV- quiring the licensee or transferee to make a re- ERNMENT FACILITIES AND PERSONNEL.—The Sec- ciprocal waiver of claims with its contractors, retary of Transportation shall establish require- subcontractors, and customers, and contractors ments consistent with this chapter for proof of and subcontractors of the customers, involved in financial responsibility and other assurances launch services or reentry services under which necessary to protect the Government and its ex- each party to the waiver agrees to be respon- ecutive agencies and personnel from liability, sible for property damage or loss it sustains, or death, bodily injury, or property damage or loss Page 87 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50915 as a result of a launch or operation of a launch PUB. L. 104–287, § 5(93) site or reentry site or a reentry involving a fa- This amends 49:70112(a)(3)(B) to clarify a cross-ref- cility or personnel of the Government. The Sec- erence in the codification enacted by section 1 of the retary may not relieve the Government of liabil- Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1337). ity under this subsection for death, bodily in- AMENDMENTS jury, or property damage or loss resulting from the willful misconduct of the Government or its 2010—Pub. L. 111–314 successively renumbered section agents. 70112 of title 49 and section 70112 of this title as this section. (f) COLLECTION AND CREDITING PAYMENTS.—The 2004—Subsec. (b)(2). Pub. L. 108–492 inserted ‘‘crew, head of a department, agency, or instrumental- space flight participants,’’ after ‘‘transferee, contrac- ity of the Government shall collect a payment tors, subcontractors,’’ and ‘‘or by space flight partici- owed for damage or loss to Government property pants,’’ after ‘‘its own employees’’. under its jurisdiction or control resulting from 1998—Subsec. (a)(1). Pub. L. 105–303, § 102(a)(12)(A), in- an activity carried out under a launch or re- serted ‘‘launch or reentry’’ before ‘‘license is issued’’. entry license issued or transferred under this Subsec. (a)(3). Pub. L. 105–303, § 102(a)(12)(B), inserted ‘‘or reentry’’ after ‘‘one launch’’ in introductory provi- chapter. The payment shall be credited to the sions. current applicable appropriation, fund, or ac- Subsec. (a)(4). Pub. L. 105–303, § 102(a)(12)(C), inserted count of the department, agency, or instrumen- ‘‘or reentry services’’ after ‘‘launch services’’ in intro- tality. ductory provisions. Subsec. (b)(1). Pub. L. 105–303, § 102(a)(12)(D)–(F), in- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1336, serted ‘‘launch or reentry’’ before ‘‘license issued or § 70112 of title 49; Pub. L. 104–287, § 5(74), (93), Oct. transferred’’, ‘‘or reentry services’’ after ‘‘launch serv- 11, 1996, 110 Stat. 3396, 3398; Pub. L. 105–303, title ices’’, and ‘‘applicable’’ after ‘‘carried out under the’’. I, § 102(a)(12), Oct. 28, 1998, 112 Stat. 2850; Pub. L. Subsec. (b)(2). Pub. L. 105–303, § 102(a)(12)(E), (F), in- 108–492, § 2(c)(21), Dec. 23, 2004, 118 Stat. 3981; re- serted ‘‘or reentry services’’ after ‘‘launch services’’ numbered § 70112 then § 50914 of title 51, Pub. L. wherever appearing and ‘‘applicable’’ after ‘‘carried out under the’’. 111–314, § 4(d)(2), (3)(N), Dec. 18, 2010, 124 Stat. Subsec. (e). Pub. L. 105–303, § 102(a)(12)(G), (H), in- 3440, 3441.) serted ‘‘or Reentries’’ after ‘‘Launches’’ in heading and ‘‘or reentry site or a reentry’’ after ‘‘launch site’’ in HISTORICAL AND REVISION NOTES text. PUB. L. 103–272 Subsec. (f). Pub. L. 105–303, § 102(a)(12)(I), inserted ‘‘launch or reentry’’ before ‘‘license issued or trans- Revised Section Source (U.S. Code) Source (Statutes at Large) ferred’’. 1996—Subsec. (a)(3)(B). Pub. L. 104–287, § 5(93), sub- 70112(a)(1), 49 App.:2615(a)(1)(A) Oct. 30, 1984, Pub. L. 98–575, stituted ‘‘clause (A)(i) or (ii)’’ for ‘‘clause (A)’’. (2). (1st sentence), (B) § 16(a), (c), 98 Stat. 3061; (1st sentence). restated Nov. 15, 1988, Subsec. (d)(1). Pub. L. 104–287, § 5(74), substituted Pub. L. 100–657, § 5(a), 102 ‘‘Committee on Science’’ for ‘‘Committee on Science, Stat. 3901, 3905. Space, and Technology’’. 70112(a)(3) .. 49 App.:2615(a)(1)(A) (last sentence), (B) (last sen- CHANGE OF NAME tence). 70112(a)(4) .. 49 App.:2615(a)(2). Committee on Science of House of Representatives 70112(b)(1) .. 49 App.:2615(a)(1)(C). changed to Committee on Science and Technology of 70112(b)(2) .. 49 App.:2615(a)(1)(D). House of Representatives by House Resolution No. 6, 70112(c) ...... 49 App.:2615(a)(3) (1st, 2d sentences). One Hundred Tenth Congress, Jan. 5, 2007. Committee 70112(d)(1) .. 49 App.:2615(a)(3) on Science and Technology of House of Representatives (last sentence). changed to Committee on Science, Space, and Tech- 70112(d)(2) .. 49 App.:2615(a)(4). 70112(e) ...... 49 App.:2614(c). Oct. 30, 1984, Pub. L. 98–575, nology of House of Representatives by House Resolu- § 15(c), 98 Stat. 3061; re- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. stated Nov. 15, 1988, Pub. L. 100–657, § 5(b), 102 Stat. EFFECTIVE DATE OF 1996 AMENDMENT 3905. 70112(f) ...... 49 App.:2615(c). Amendment by section 5(93) of Pub. L. 104–287 effec- tive July 5, 1994, see section 8(1) of Pub. L. 104–287, set In subsection (a), the word ‘‘particular’’ is omitted as out as a note under section 5303 of Title 49, Transpor- surplus. tation. In subsection (a)(1), before clause (A), the word ‘‘suf- TERMINATION OF REPORTING REQUIREMENTS ficient’’ is omitted as surplus. In clauses (A) and (B), the words ‘‘in connection with any particular launch’’ For termination, effective May 15, 2000, of provisions are omitted as surplus. of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in In subsection (a)(4), before clause (A), the words House Document No. 103–7 (in which the 2nd item on ‘‘made . . . a requirement described in’’ are omitted as page 133 identifies a reporting provision which, as sub- surplus. sequently amended, is contained in subsec. (d)(1) of this In subsection (b)(2), the words ‘‘department, agency, section), see section 3003 of Pub. L. 104–66, as amended, and instrumentality of the Government’’ are sub- set out as a note under section 1113 of Title 31, Money stituted for ‘‘Federal agency’’ for consistency in the re- and Finance. vised title and with other titles of the United States Code. § 50915. Paying claims exceeding liability insur- In subsection (d)(2), the words ‘‘if appropriate’’ are ance and financial responsibility require- omitted as surplus. ments In subsection (f), the words ‘‘department, agency, or instrumentality of the Government’’ are substituted (a) GENERAL REQUIREMENTS.—(1) To the extent for ‘‘Federal agency or department’’ for consistency in provided in advance in an appropriation law or the revised title and with other titles of the Code. The to the extent additional legislative authority is words ‘‘insurance proceeds or . . . other’’ and ‘‘proceeds enacted providing for paying claims in a com- or other’’ are omitted as surplus. pensation plan submitted under subsection (d) of § 50915 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 88 this section, the Secretary of Transportation total of claims related to one launch or reentry shall provide for the payment by the United may be more than the required amount of insur- States Government of a successful claim (in- ance or demonstration of financial responsibil- cluding reasonable litigation or settlement ex- ity, the President, on the recommendation of penses) of a third party against a licensee or the Secretary, shall submit to Congress a com- transferee under this chapter, a contractor, sub- pensation plan that— contractor, or customer of the licensee or trans- (A) outlines the total dollar value of the feree, or a contractor or subcontractor of a cus- claims; tomer, but not against a space flight partici- (B) recommends sources of amounts to pay pant, resulting from an activity carried out for the claims; under the license issued or transferred under (C) includes legislative language required to this chapter for death, bodily injury, or property carry out the plan if additional legislative au- damage or loss resulting from an activity car- thority is required; and ried out under the license. However, claims may (D) for a single event or incident, may not be be paid under this section only to the extent the for more than $1,500,000,000. total amount of successful claims related to one (3) A compensation plan submitted to Con- launch or reentry— gress under paragraph (2) of this subsection (A) is more than the amount of insurance or shall— demonstration of financial responsibility re- (A) have an identification number; and quired under section 50914(a)(1)(A) of this title; (B) be submitted to the Senate and the and House of Representatives on the same day and (B) is not more than $1,500,000,000 (plus addi- when the Senate and House are in session. tional amounts necessary to reflect inflation occurring after January 1, 1989) above that in- (e) CONGRESSIONAL RESOLUTIONS.—(1) In this surance or financial responsibility amount. subsection, ‘‘resolution’’— (A) means a joint resolution of Congress the (2) The Secretary may not provide for paying a part of a claim for which death, bodily injury, matter after the resolving clause of which is or property damage or loss results from willful as follows: ‘‘That the Congress approves the misconduct by the licensee or transferee. To the compensation plan numbered lllll sub- extent insurance required under section mitted to the Congress on lllll ll, 50914(a)(1)(A) of this title is not available to 20ll.’’, with the blank spaces being filled ap- cover a successful third party liability claim be- propriately; but cause of an insurance policy exclusion the Sec- (B) does not include a resolution that in- retary decides is usual for the type of insurance cludes more than one compensation plan. involved, the Secretary may provide for paying (2) The Senate shall consider under this sub- the excluded claims without regard to the limi- section a compensation plan requiring addi- tation contained in section 50914(a)(1). tional appropriations or legislative authority (b) NOTICE, PARTICIPATION, AND APPROVAL.— not later than 60 calendar days of continuous Before a payment under subsection (a) of this session of Congress after the date on which the section is made— plan is submitted to Congress. (1) notice must be given to the Government (3) A resolution introduced in the Senate shall of a claim, or a civil action related to the be referred immediately to a committee by the claim, against a party described in subsection President of the Senate. All resolutions related (a)(1) of this section for death, bodily injury, to the same plan shall be referred to the same or property damage or loss; committee. (2) the Government must be given an oppor- (4)(A) If the committee of the Senate to which tunity to participate or assist in the defense of a resolution has been referred does not report the claim or action; and the resolution within 20 calendar days after it is (3) the Secretary must approve any part of a referred, a motion is in order to discharge the settlement to be paid out of appropriations of committee from further consideration of the the Government. resolution or to discharge the committee from (c) WITHHOLDING PAYMENTS.—The Secretary further consideration of the plan. may withhold a payment under subsection (a) of (B) A motion to discharge may be made only this section if the Secretary certifies that the by an individual favoring the resolution and is amount is not reasonable. However, the Sec- highly privileged (except that the motion may retary shall deem to be reasonable the amount not be made after the committee has reported a of a claim finally decided by a court of com- resolution on the plan). Debate on the motion is petent jurisdiction. limited to one hour, to be divided equally be- (d) SURVEYS, REPORTS, AND COMPENSATION tween those favoring and those opposing the res- PLANS.—(1) If as a result of an activity carried olution. An amendment to the motion is not in out under a license issued or transferred under order. A motion to reconsider the vote by which this chapter the total of claims related to one the motion is agreed to or disagreed to is not in launch or reentry is likely to be more than the order. amount of required insurance or demonstration (C) If the motion to discharge is agreed to or of financial responsibility, the Secretary shall— disagreed to, the motion may not be renewed (A) survey the causes and extent of damage; and another motion to discharge the committee and from another resolution on the same plan may (B) submit expeditiously to Congress a re- not be made. port on the results of the survey. (5)(A) After a committee of the Senate reports, (2) Not later than 90 days after a court deter- or is discharged from further consideration of, a mination indicates that the liability for the resolution, a motion to proceed to the consider- Page 89 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50915 ation of the resolution is in order at any time, HISTORICAL AND REVISION NOTES—CONTINUED even though a similar previous motion has been PUB. L. 103–272 disagreed to. The motion is highly privileged Revised and is not debatable. An amendment to the mo- Section Source (U.S. Code) Source (Statutes at Large) tion is not in order. A motion to reconsider the 70113(f) ...... 49 App.:2615(b)(5). Oct. 30, 1984, Pub. L. 98–575, vote by which the motion is agreed to or dis- § 16(b)(5), 98 Stat. 3061; re- agreed to is not in order. stated Nov. 15, 1988, Pub. L. 100–657, § 5(a), 102 Stat. (B) Debate on the resolution referred to in 3903; Nov. 4, 1992, Pub. L. subparagraph (A) of this paragraph is limited to 102–588, § 503, 106 Stat. 5124. not more than 10 hours, to be divided equally be- tween those favoring and those opposing the res- In subsection (a)(1), before clause (A), the word ‘‘par- olution. A motion further to limit debate is not ticular’’ is omitted as surplus. In clause (B), the words debatable. An amendment to, or motion to re- ‘‘the level that is’’ are omitted as surplus. commit, the resolution is not in order. A motion In subsection (b)(1), the words ‘‘civil action’’ are sub- to reconsider the vote by which the resolution is stituted for ‘‘suit’’ for consistency in the revised title agreed to or disagreed to is not in order. and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. (6) The following shall be decided in the Sen- U.S.C.). ate without debate: In subsection (b)(2), the words ‘‘the Government must (A) a motion to postpone related to the dis- be given an opportunity’’ are substituted for ‘‘by the charge from committee. United States, at its election’’ for clarity. (B) a motion to postpone consideration of a In subsection (c), the words ‘‘just and’’ and ‘‘judg- ment’’ are omitted as surplus. resolution. In subsection (d), the word ‘‘particular’’ is omitted as (C) a motion to proceed to the consideration surplus. of other business. In subsection (d)(2), before clause (A), the words ‘‘or (D) an appeal from a decision of the chair re- plans’’ are omitted because of 1:1. lated to the application of the rules of the In subsection (e)(1), before clause (A), the text of 49 Senate to the procedures related to a resolu- App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), the word ‘‘only’’ is omitted as surplus. The word ‘‘Con- tion. gress’’ is substituted for ‘‘the first blank space therein (f) APPLICATION.—This section applies to a li- being filled with the name of the resolving House’’ to cense issued or transferred under this chapter correct an error in the law. In subsection (e)(3), the words ‘‘once introduced with for which the Secretary receives a complete and respect to a compensation plan’’ are omitted as sur- valid application not later than December 31, plus. 2016. This section does not apply to permits. In subsection (e)(4)(A), the word ‘‘either’’ is omitted as surplus. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1338, In subsection (f), the word ‘‘only’’ is omitted as sur- § 70113 of title 49; Pub. L. 104–287, § 5(94), Oct. 11, plus. 1996, 110 Stat. 3398; Pub. L. 105–303, title I, § 102(a)(13), Oct. 28, 1998, 112 Stat. 2850; Pub. L. PUB. L. 104–287 106–74, title IV, § 433, Oct. 20, 1999, 113 Stat. 1097; This amends 49:70113(e)(6)(D) to correct an error in Pub. L. 106–377, § 1(a)(1) [title IV, § 429], Oct. 27, the codification enacted by section 1 of the Act of July 2000, 114 Stat. 1441, 1441A–56; Pub. L. 106–405, 5, 1994 (Public Law 103–272, 108 Stat. 1340). §§ 5(b), 6(a), Nov. 1, 2000, 114 Stat. 1752; Pub. L. AMENDMENTS 108–428, § 1, Nov. 30, 2004, 118 Stat. 2432; Pub. L. 2014—Subsec. (f). Pub. L. 113–76 substituted ‘‘Decem- 108–492, § 2(c)(22), (23), Dec. 23, 2004, 118 Stat. 3981; ber 31, 2016’’ for ‘‘December 31, 2013’’. Pub. L. 111–125, § 1, Dec. 28, 2009, 123 Stat. 3486; 2013—Subsec. (f). Pub. L. 112–273 substituted ‘‘Decem- renumbered § 70113 then § 50915 of title 51 and ber 31, 2013’’ for ‘‘December 31, 2012’’. amended Pub. L. 111–314, § 4(d)(2), (3)(O), (5)(Q), 2010—Pub. L. 111–314, § 4(d)(2), (3)(O), successively re- (R), Dec. 18, 2010, 124 Stat. 3440–3442; Pub. L. numbered section 70113 of title 49 and section 70113 of this title as this section. 112–273, § 3, Jan. 14, 2013, 126 Stat. 2454; Pub. L. Subsec. (a)(1)(A). Pub. L. 111–314, § 4(d)(5)(Q), sub- 113–76, § 8, Jan. 17, 2014, 128 Stat. 7.) stituted ‘‘section 50914(a)(1)(A)’’ for ‘‘section 70112(a)(1)(A)’’. HISTORICAL AND REVISION NOTES Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(R), substituted PUB. L. 103–272 ‘‘section 50914(a)(1)(A)’’ for ‘‘section 70112(a)(1)(A)’’ and ‘‘section 50914(a)(1)’’ for ‘‘section 70112(a)(1)’’. Revised Section Source (U.S. Code) Source (Statutes at Large) 2009—Subsec. (f). Pub. L. 111–125 substituted ‘‘Decem- ber 31, 2012.’’ for ‘‘December 31, 2009.’’ 70113(a) ...... 49 App.:2615(b)(1). Oct. 30, 1984, Pub. L. 98–575, 2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(22), inserted § 16(b)(1)–(4), 98 Stat. 3061; ‘‘but not against a space flight participant,’’ after restated Nov. 15, 1988, Pub. L. 100–657, § 5(a), 102 ‘‘subcontractor of a customer,’’. Stat. 3903. Subsec. (f). Pub. L. 108–492, § 2(c)(23), inserted at end 70113(b) ...... 49 App.:2615(b)(2). ‘‘This section does not apply to permits.’’ 70113(c) ...... 49 App.:2615(b)(3). 70113(d)(1) .. 49 App.:2615(b)(4)(A). Pub. L. 108–428 substituted ‘‘December 31, 2009’’ for 70113(d)(2) .. 49 App.:2615(b)(4)(B). ‘‘December 31, 2004’’. 70113(d)(3) .. 49 App.:2615(b)(4)(C). 2000—Subsec. (e)(1)(A). Pub. L. 106–405, § 6(a), sub- 70113(e)(1) .. 49 App.:2615(b) (4)(D)(i), (iii). stituted ‘‘20ll’’ for ‘‘19ll’’. 70113(e)(2) .. 49 App.:2615(b) Subsec. (f). Pub. L. 106–405, § 5(b), substituted ‘‘De- (4)(D)(ii). cember 31, 2004’’ for ‘‘December 31, 2001’’. 70113(e)(3) .. 49 App.:2615(b) Pub. L. 106–377 substituted ‘‘December 31, 2001’’ for (4)(D)(iv). 70113(e)(4) .. 49 App.:2615(b) ‘‘December 31, 2000’’. (4)(D)(v). 1999—Subsec. (f). Pub. L. 106–74 substituted ‘‘Decem- 70113(e)(5) .. 49 App.:2615(b) ber 31, 2000’’ for ‘‘December 31, 1999’’. (4)(D)(vi). 70113(e)(6) .. 49 App.:2615(b) 1998—Subsecs. (a)(1), (d)(1), (2). Pub. L. 105–303 in- (4)(D)(vii). serted ‘‘or reentry’’ after ‘‘one launch’’. § 50916 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 90

1996—Subsec. (e)(6)(D). Pub. L. 104–287 substituted to an officer or employee of another executive ‘‘related to a resolution’’ for ‘‘related to resolution’’. agency with the consent of the head of the agen- EFFECTIVE DATE OF 2000 AMENDMENT cy. (c) CIVIL PENALTY.—(1) After notice and an op- Pub. L. 106–405, § 6(b), Nov. 1, 2000, 114 Stat. 1752, pro- vided that: ‘‘The amendment made by subsection (a) portunity for a hearing on the record, a person [amending this section] takes effect on January 1, the Secretary finds to have violated subsection 2000.’’ (a) of this section is liable to the United States Government for a civil penalty of not more than § 50916. Disclosing information $100,000. A separate violation occurs for each day The Secretary of Transportation, an officer or the violation continues. employee of the United States Government, or a (2) In conducting a hearing under paragraph (1) person making a contract with the Secretary of this subsection, the Secretary may— under section 50907(b) of this title may disclose (A) subpena witnesses and records; and information under this chapter that qualifies for (B) enforce a subpena in an appropriate dis- an exemption under section 552(b)(4) of title 5 or trict court of the United States. is designated as confidential by the person or (3) The Secretary shall impose the civil pen- head of the executive agency providing the in- alty by written notice. The Secretary may com- formation only if the Secretary decides with- promise or remit a penalty imposed, or that holding the information is contrary to the pub- may be imposed, under this section. lic or national interest. (4) The Secretary shall recover a civil penalty (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1340, not paid after the penalty is final or after a § 70114 of title 49; renumbered § 70114 then § 50916 court enters a final judgment for the Secretary. of title 51 and amended Pub. L. 111–314, § 4(d)(2), (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, (3)(P), (5)(S), Dec. 18, 2010, 124 Stat. 3440–3442.) § 70115 of title 49; Pub. L. 105–303, title I, § 102(a)(14), Oct. 28, 1998, 112 Stat. 2850; Pub. L. HISTORICAL AND REVISION NOTES 108–492, § 2(c)(24), Dec. 23, 2004, 118 Stat. 3981; re- numbered § 70115 then § 50917 of title 51, Pub. L. Revised Source (U.S. Code) Source (Statutes at Large) Section 111–314, § 4(d)(2), (3)(Q), Dec. 18, 2010, 124 Stat. 70114 ...... 49 App.:2608(c). Oct. 30, 1984, Pub. L. 98–575, 3440, 3441.) § 9(c), 98 Stat. 3059. HISTORICAL AND REVISION NOTES The words ‘‘data or’’ are omitted as surplus. The words ‘‘the head of’’ and ‘‘executive’’ are added for con- Revised Section Source (U.S. Code) Source (Statutes at Large) sistency in the revised title and with other titles of the United States Code. 70115(a) ...... 49 App.:2617. Oct. 30, 1984, Pub. L. 98–575, §§ 17–19, 98 Stat. 3061. AMENDMENTS 70115(b)(1) .. 49 App.:2616(b). 70115(b)(2) .. 49 App.:2616(a). 2010—Pub. L. 111–314, § 4(d)(5)(S), substituted ‘‘section 70115(c)(1) .. 49 App.:2618(a) (1st, 50907(b)’’ for ‘‘section 70106(b)’’. 2d sentences). Pub. L. 111–314, § 4(d)(2), (3)(P), successively renum- 70115(c)(2) .. 49 App.:2618(c). 70115(c)(3) .. 49 App.:2618(a) (3d, bered section 70114 of title 49 and section 70114 of this last sentences). title as this section. 70115(c)(4) .. 49 App.:2618(b).

§ 50917. Enforcement and penalty In subsection (a), the words ‘‘a requirement of’’ are omitted as surplus. The word ‘‘prescribed’’ is sub- (a) PROHIBITIONS.—A person may not violate stituted for ‘‘issued’’ for consistency in the revised title this chapter, a regulation prescribed under this and with other titles of the United States Code. The chapter, or any term of a license issued or trans- words ‘‘condition, or restriction’’ are omitted as sur- ferred under this chapter. plus. (b) GENERAL AUTHORITY.—(1) In carrying out In subsection (b)(1)(A)–(C), the words ‘‘concerning any this chapter, the Secretary of Transportation matter relating to enforcement of this chapter’’ are may— omitted as surplus. (A) conduct investigations and inquiries; In subsection (b)(1)(B) and (C), the words ‘‘from any (B) administer oaths; person’’ are omitted as surplus. (C) take affidavits; and In subsection (b)(1)(B), the word ‘‘affirmation’’ is omitted because of 1:1. (D) under lawful process— In subsection (b)(2), the text of 49 App.:2616(a) (1st (i) enter at a reasonable time a launch sentence) is omitted as surplus because the Secretary site, reentry site, production facility, assem- of Transportation enforces programs the Secretary car- bly site of a launch vehicle or reentry vehi- ries out unless otherwise provided. The words ‘‘the ex- cle, crew or space flight participant training ercise of’’ are omitted as surplus. The words ‘‘duty or site, or site at which a payload is integrated power’’ are substituted for ‘‘authority’’ for consistency with a launch vehicle or reentry vehicle to in the revised title and with other titles of the Code. inspect an object to which this chapter ap- The words ‘‘to any officer or employee of the Depart- plies or a record or report the Secretary re- ment of Transportation’’ are omitted as surplus be- cause of 49:322(b). quires be made or kept under this chapter; In subsection (c)(1), the words ‘‘in accordance with and section 554 of title 5’’ are omitted for consistency in the (ii) seize the object, record, or report when revised title and because 5:554 applies to a hearing on there is probable cause to believe the object, the record unless otherwise stated. The words ‘‘for each record, or report was used, is being used, or violation’’ are omitted as surplus. likely will be used in violation of this chap- In subsection (c)(2), the words ‘‘relevant papers, ter. books, documents, and other’’ are omitted as surplus. The words ‘‘(3) administer oaths and affirmatives’’ are (2) The Secretary may delegate a duty or omitted as surplus because of subsection (b)(1)(B) of power under this chapter related to enforcement this section. Page 91 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50919

In subsection (c)(3), the word ‘‘impose’’ is substituted § 50919. Relationship to other executive agencies, for ‘‘assessed’’ for consistency in the revised title and laws, and international obligations with other titles of the Code. The words ‘‘amount of such’’ and ‘‘modify . . . with or without conditions’’ are (a) EXECUTIVE AGENCIES.—Except as provided omitted as surplus. in this chapter, a person is not required to ob- Subsection (c)(4) is substituted for 49 App.:2618(b) to tain from an executive agency a license, ap- eliminate unnecessary words. proval, waiver, or exemption to launch a launch AMENDMENTS vehicle or operate a launch site or reentry site, or to reenter a reentry vehicle. 2010—Pub. L. 111–314 successively renumbered section 70115 of title 49 and section 70115 of this title as this (b) FEDERAL COMMUNICATIONS COMMISSION AND section. SECRETARY OF COMMERCE.—This chapter does 2004—Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted not affect the authority of— ‘‘crew or space flight participant training site,’’ after (1) the Federal Communications Commission ‘‘site of a launch vehicle or reentry vehicle,’’. under the Communications Act of 1934 (47 1998—Subsec. (b)(1)(D)(i). Pub. L. 105–303 inserted ‘‘re- entry site,’’ after ‘‘launch site,’’ and inserted ‘‘or re- U.S.C. 151 et seq.); or entry vehicle’’ after ‘‘launch vehicle’’ in two places. (2) the Secretary of Commerce under chapter 601 of this title. § 50918. Consultation (c) STATES AND POLITICAL SUBDIVISIONS.—A (a) MATTERS AFFECTING NATIONAL SECURITY.— State or political subdivision of a State— The Secretary of Transportation shall consult (1) may not adopt or have in effect a law, with the Secretary of Defense on a matter under regulation, standard, or order inconsistent this chapter affecting national security. The with this chapter; but Secretary of Defense shall identify and notify (2) may adopt or have in effect a law, regula- the Secretary of Transportation of a national tion, standard, or order consistent with this security interest relevant to an activity under chapter that is in addition to or more strin- this chapter. gent than a requirement of, or regulation pre- (b) MATTERS AFFECTING FOREIGN POLICY.—The scribed under, this chapter. Secretary of Transportation shall consult with the Secretary of State on a matter under this (d) CONSULTATION.—The Secretary of Trans- chapter affecting foreign policy. The Secretary portation is encouraged to consult with a State of State shall identify and notify the Secretary to simplify and expedite the approval of a space of Transportation of a foreign policy interest or launch or reentry activity. obligation relevant to an activity under this (e) FOREIGN COUNTRIES.—The Secretary of chapter. Transportation shall— (c) OTHER MATTERS.—In carrying out this (1) carry out this chapter consistent with an chapter, the Secretary of Transportation shall obligation the United States Government as- consult with the head of another executive agen- sumes in a treaty, convention, or agreement cy— in force between the Government and the gov- (1) to provide consistent application of li- ernment of a foreign country; and censing requirements under this chapter; (2) consider applicable laws and require- (2) to ensure fair treatment for all license ments of a foreign country when carrying out applicants; and this chapter. (3) when appropriate. (f) LAUNCH NOT AN EXPORT; REENTRY NOT AN (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, IMPORT.—A launch vehicle, reentry vehicle, or § 70116 of title 49; renumbered § 70116 then § 50918 payload that is launched or reentered is not, be- of title 51, Pub. L. 111–314, § 4(d)(2), (3)(R), Dec. cause of the launch or reentry, an export or im- 18, 2010, 124 Stat. 3440, 3441.) port, respectively, for purposes of a law control- HISTORICAL AND REVISION NOTES ling exports or imports, except that payloads launched pursuant to foreign trade zone proce- Revised Section Source (U.S. Code) Source (Statutes at Large) dures as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a–81u) shall be considered 70116(a) ...... 49 App.:2619(a). Oct. 30, 1984, Pub. L. 98–575, § 20, 98 Stat. 3062. exports with regard to customs entry. 70116(b) ...... 49 App.:2619(b). (g) NONAPPLICATION.—This chapter does not 70116(c) ...... 49 App.:2604(a)(2). Oct. 30, 1984, Pub. L. 98–575, § 5(a)(2), 98 Stat. 3057; Nov. apply to— 16, 1990, Pub. L. 101–611, § 117(e)(2), 104 Stat. 3203. (1) a launch, reentry, operation of a launch 49 App.:2619(c). vehicle or reentry vehicle, operation of a launch site or reentry site, or other space ac- In subsections (a) and (b), the words ‘‘including the tivity the Government carries out for the Gov- issuance or transfer of each license’’ and ‘‘be respon- ernment; or sible for’’ are omitted as surplus. In subsection (c), before clause (1), the words ‘‘the (2) planning or policies related to the head of’’ and ‘‘executive’’ are added for consistency in launch, reentry, operation, or activity. the revised title and with other titles of the United States Code. In clause (2), the words ‘‘and equitable’’ in (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342, 49 App.:2604(a)(2) are omitted as surplus. § 70117 of title 49; Pub. L. 104–287, § 5(95), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–303, title I, AMENDMENTS § 102(a)(15), Oct. 28, 1998, 112 Stat. 2850; renum- 2010—Pub. L. 111–314 successively renumbered section bered § 70117 then § 50919 of title 51 and amended 70116 of title 49 and section 70116 of this title as this Pub. L. 111–314, § 4(d)(2), (3)(S), (5)(T), Dec. 18, section. 2010, 124 Stat. 3440–3442.) § 50920 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 92

HISTORICAL AND REVISION NOTES (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342, PUB. L. 103–272 § 70118 of title 49; renumbered § 70118 then § 50920 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(T), Dec. Revised Section Source (U.S. Code) Source (Statutes at Large) 18, 2010, 124 Stat. 3440, 3441.)

70117(a) ...... 49 App.:2605(c)(1). Oct. 30, 1984, Pub. L. 98–575, HISTORICAL AND REVISION NOTES §§ 6(c), 21, 98 Stat. 3058, 3063. Revised 70117(b) ...... 49 App.:2605(c)(2). Section Source (U.S. Code) Source (Statutes at Large) 70117(c) ...... 49 App.:2620(a) (1st, 2d sentences). 70117(d) ...... 49 App.:2620(a) (last 70118 ...... 49 App.:2623 (last Oct. 30, 1984, Pub. L. 98–575, sentence). sentence). § 24 (last sentence), 98 70117(e) ...... 49 App.:2620(d). Stat. 3064; Dec. 5, 1985, 70117(f) ...... 49 App.:2620(b). Pub. L. 99–170, § 301, 99 70117(g) ...... 49 App.:2620(c). Stat. 1018; Oct. 30, 1987, Pub. L. 100–147, § 120, 101 Stat. 868; Nov. 17, 1988, In subsection (e)(1), the words ‘‘government of a for- Pub. L. 100–685, § 213, 102 eign country’’ are substituted for ‘‘foreign nation’’ for Stat. 4093; Nov. 16, 1990, Pub. L. 101–611, § 117(a), 104 consistency in the revised title and with other titles of Stat. 3202; restated Dec. 9, the United States Code. 1991, Pub. L. 102–195, § 13, 105 Stat. 1613; Nov. 4, 1992, PUB. L. 104–287 Pub. L. 102–588, § 211, 106 Stat. 5115. This amends 49:70117(b)(2) by updating a cross-ref- erence. Section 4 of the Land Remote Sensing Policy AMENDMENTS Act of 1992 (Public Law 102–555, 106 Stat. 4166) repealed the Land Remote-Sensing Commercialization Act of 2010—Pub. L. 111–314 successively renumbered section 1984 (15 U.S.C. 4201 et seq.). The substantive provisions 70118 of title 49 and section 70118 of this title as this of the Land Remote Sensing Policy Act of 1992, which section. replaced the Land Remote-Sensing Commercialization Act of 1984, were classified to the United States Code at § 50921. Office of Commercial Space Transpor- 15 U.S.C. 5601 et seq. tation

REFERENCES IN TEXT There are authorized to be appropriated to the Secretary of Transportation for the activities of The Communications Act of 1934, referred to in sub- sec. (b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, the Office of the Associate Administrator for which is classified principally to section 151 et seq. of Commercial Space Transportation— Title 47, Telecommunications. For complete classifica- (1) $11,941,000 for fiscal year 2005; tion of this Act to the Code, see section 609 of Title 47 (2) $12,299,000 for fiscal year 2006; and Tables. (3) $12,668,000 for fiscal year 2007; The Foreign Trade Zones Act, referred to in subsec. (4) $13,048,000 for fiscal year 2008; and (f), is act June 18, 1934, ch. 590, 48 Stat. 998, which is (5) $13,440,000 for fiscal year 2009. classified generally to chapter 1A (§ 81a et seq.) of Title 19, Customs Duties. For complete classification of this (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, Act to the Code, see Tables. § 70119 of title 49, Pub. L. 105–303, title I, § 102(b), Oct. 28, 1998, 112 Stat. 2851; Pub. L. 106–405, § 3(a), AMENDMENTS Nov. 1, 2000, 114 Stat. 1752; Pub. L. 108–360, title 2010—Pub. L. 111–314, § 4(d)(2), (3)(S), successively re- III, § 301, Oct. 25, 2004, 118 Stat. 1680; renumbered numbered section 70117 of title 49 and section 70117 of § 70119 then § 50921 of title 51, Pub. L. 111–314, this title as this section. § 4(d)(2), (3)(U), Dec. 18, 2010, 124 Stat. 3440, 3441.) Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(T), substituted ‘‘chapter 601 of this title’’ for ‘‘the Land Remote Sens- HISTORICAL AND REVISION NOTES ing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’. 1998—Subsec. (a). Pub. L. 105–303, § 102(a)(15)(A), in- Revised Source (U.S. Code) Source (Statutes at Large) serted ‘‘or reentry site, or to reenter a reentry vehicle’’ Section after ‘‘operate a launch site’’. 70119 ...... 49 App.:2623 (less Oct. 30, 1984, Pub. L. 98–575, Subsec. (d). Pub. L. 105–303, § 102(a)(15)(B), inserted last sentence). § 24 (less last sentence), 98 ‘‘or reentry’’ after ‘‘approval of a space launch’’. Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, § 301, 99 Subsec. (f). Pub. L. 105–303, § 102(a)(15)(C), amended Stat. 1018; Oct. 30, 1987, heading and text of subsec. (f) generally. Prior to Pub. L. 100–147, § 120, 101 amendment, text read as follows: ‘‘A launch vehicle or Stat. 868; Nov. 17, 1988, Pub. L. 100–685, § 213, 102 payload that is launched is not, because of the launch, Stat. 4093; Nov. 16, 1990, an export for purposes of a law controlling exports.’’ Pub. L. 101–611, § 117(a), 104 Subsec. (g)(1). Pub. L. 105–303, § 102(a)(15)(D)(i), sub- Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, § 13, stituted ‘‘reentry, operation of a launch vehicle or re- 105 Stat. 1613; Nov. 4, 1992, entry vehicle, operation of a launch site or reentry Pub. L. 102–588, § 211, 106 site,’’ for ‘‘operation of a launch vehicle or launch Stat. 5115. site,’’. Subsec. (g)(2). Pub. L. 105–303, § 102(a)(15)(D)(ii), in- In this section, the amendment by section 211 of the serted ‘‘reentry,’’ after ‘‘launch,’’. National Aeronautics and Space Administration Au- 1996—Subsec. (b)(2). Pub. L. 104–287 substituted ‘‘Land thorization Act, Fiscal Year 1993 (Pub. L. 102–588, 106 Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et Stat. 5115) was executed to carry out the probable in- seq.)’’ for ‘‘Land Remote-Sensing Commercialization tent of Congress by omitting the period after ‘‘1993’’. Act of 1984 (15 U.S.C. 4201 et seq.)’’. As to the applicability of section 219 of the Act (Pub. L. 102–588, 106 Stat. 5118) to amounts authorized by this § 50920. User fees section for fiscal year 1993, see section 6(b) of the bill. The Secretary of Transportation may collect a AMENDMENTS user fee for a regulatory or other service con- 2010—Pub. L. 111–314 successively renumbered section ducted under this chapter only if specifically au- 70119 of title 49 and section 70119 of this title as this thorized by this chapter. section. Page 93 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50923

2004—Pars. (1) to (5). Pub. L. 108–360 added pars. (1) to (B) The Secretary may issue regulations under (5) and struck out former pars. (1) and (2) which read as this paragraph only if the Secretary has deter- follows: mined that the definition in section 50902 does ‘‘(1) $12,607,000 for fiscal year 2001; and not describe, or will not continue to describe, all ‘‘(2) $16,478,000 for fiscal year 2002.’’ 2000—Pub. L. 106–405 amended section catchline and appropriate vehicles and only those vehicles. In text generally. Prior to amendment, text read as fol- making that determination, the Secretary shall lows: ‘‘There are authorized to be appropriated to the take into account the evolving nature of the Secretary of Transportation for the activities of the Of- commercial space launch industry. fice of the Associate Administrator for Commercial (d) EFFECTIVE DATE.—(1) Licenses for the Space Transportation— launch or reentry of launch vehicles or reentry ‘‘(1) $6,275,000 for the fiscal year ending September vehicles with human beings on board and per- 30, 1999; and mits may be issued by the Secretary prior to the ‘‘(2) $6,600,000 for the fiscal year ending September 30, 2000.’’ issuance of the regulations described in sub- 1998—Pub. L. 105–303 reenacted section catchline section (c). without change and amended text generally. Prior to (2) As soon as practicable after the date of en- amendment, text read as follows: ‘‘The following actment of the Commercial Space Launch amounts may be appropriated to the Secretary of Amendments Act of 2004, the Secretary shall Transportation for the fiscal year ending September 30, issue guidelines or advisory circulars to guide 1993: the implementation of that Act until regula- ‘‘(1) $4,900,000 to carry out this chapter. tions are issued. ‘‘(2) $20,000,000 for a program to ensure the resil- (3) Notwithstanding paragraphs (1) and (2), no iency of the space launch infrastructure of the United licenses for the launch or reentry of launch ve- States if a law is enacted to establish that program in the Department of Transportation.’’ hicles or reentry vehicles with human beings on board or permits may be issued starting three § 50922. Regulations years after the date of enactment of the Com- mercial Space Launch Amendments Act of 2004 (a) IN GENERAL.—The Secretary of Transpor- tation, within 9 months after the date of the en- unless the final regulations described in sub- actment of this section, shall issue regulations section (c) have been issued. to carry out this chapter that include— (Added Pub. L. 105–303, title I, § 102(a)(16), Oct. (1) guidelines for industry and State govern- 28, 1998, 112 Stat. 2850, § 70120 of title 49; amended ments to obtain sufficient insurance coverage Pub. L. 108–492, § 2(c)(25), Dec. 23, 2004, 118 Stat. for potential damages to third parties; 3981; renumbered § 70120 then § 50922 of title 51 (2) procedures for requesting and obtaining and amended Pub. L. 111–314, § 4(d)(2), (3)(V), licenses to launch a commercial launch vehi- (5)(U), Dec. 18, 2010, 124 Stat. 3440–3442.) cle; REFERENCES IN TEXT (3) procedures for requesting and obtaining operator licenses for launch; The date of the enactment of this section, referred to (4) procedures for requesting and obtaining in subsecs. (a) and (b), is the date of enactment of Pub. L. 105–303, which was approved Oct. 28, 1998. launch site operator licenses; and The Commercial Space Launch Amendments Act of (5) procedures for the application of govern- 2004, referred to in subsecs. (c) and (d), is Pub. L. ment indemnification. 108–492, Dec. 23, 2004, 118 Stat. 3974, which was approved Dec. 23, 2004. For complete classification of this Act to (b) REENTRY.—The Secretary of Transpor- the Code, see Short Title of 2004 Act note set out under tation, within 6 months after the date of the en- section 10101 of this title and Tables. actment of this section, shall issue a notice of proposed rulemaking to carry out this chapter AMENDMENTS that includes— 2010—Pub. L. 111–314, § 4(d)(2), (3)(V), successively re- (1) procedures for requesting and obtaining numbered section 70120 of title 49 and section 70120 of licenses to reenter a reentry vehicle; this title as this section. (2) procedures for requesting and obtaining Subsec. (c)(2)(B). Pub. L. 111–314, § 4(d)(5)(U), sub- stituted ‘‘section 50902’’ for ‘‘section 70102’’. operator licenses for reentry; and 2004—Subsecs. (c), (d). Pub. L. 108–492 added subsecs. (3) procedures for requesting and obtaining (c) and (d). reentry site operator licenses. § 50923. Report to Congress (c) AMENDMENTS.—(1) Not later than 12 months after the date of enactment of the Commercial The Secretary of Transportation shall submit Space Launch Amendments Act of 2004, the Sec- to Congress an annual report to accompany the retary shall publish proposed regulations to President’s budget request that— carry out that Act, including regulations relat- (1) describes all activities undertaken under ing to crew, space flight participants, and per- this chapter, including a description of the mits for launch or reentry of reusable suborbital process for the application for and approval of rockets. Not later than 18 months after such licenses under this chapter and recommenda- date of enactment, the Secretary shall issue tions for legislation that may further commer- final regulations. cial launches and reentries; and (2)(A) Starting 3 years after the date of enact- (2) reviews the performance of the regu- ment of the Commercial Space Launch Amend- latory activities and the effectiveness of the ments Act of 2004, the Secretary may issue final Office of Commercial Space Transportation. regulations changing the definition of suborbital (Added Pub. L. 105–303, title I, § 102(a)(16), Oct. rocket under this chapter. No such regulation 28, 1998, 112 Stat. 2851, § 70121 of title 49; renum- may take effect until 180 days after the Sec- bered § 70121 then § 50923 of title 51, Pub. L. retary has submitted the regulation to the Con- 111–314, § 4(d)(2), (3)(W), Dec. 18, 2010, 124 Stat. gress. 3440, 3441.) § 51101 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 94

AMENDMENTS tation is used the first time the term appears in a sec- tion. 2010—Pub. L. 111–314 successively renumbered section 70121 of title 49 and section 70121 of this title as this AMENDMENTS section. 2010—Pub. L. 111–314, § 4(d)(2), (4)(A), successively re- CHAPTER 511—SPACE TRANSPORTATION numbered section 70301 of title 49 and section 70301 of INFRASTRUCTURE MATCHING GRANTS this title as this section. Par. (1). Pub. L. 111–314, § 4(d)(6)(A), substituted ‘‘sec- Sec. tion 50501 of this title’’ for ‘‘section 502 of the National 51101. Definitions. Aeronautics and Space Administration Authorization 51102. Grant authority. Act, Fiscal Year 1993 (15 U.S.C. 5802)’’. 51103. Grant applications. 51104. Environmental requirements. § 51102. Grant authority 51105. Authorization of appropriations. (a) GENERAL AUTHORITY.—To ensure the resil- AMENDMENTS iency of the space transportation infrastructure 2010—Pub. L. 111–314, § 4(d)(2), (4), Dec. 18, 2010, 124 of the United States, the Secretary of Transpor- Stat. 3440, 3441, transferred analysis for chapter 703 of tation may make project grants to sponsors as Title 49, Transportation, and renumbered as analysis provided in this chapter. for chapter 511 of this title and renumbered items 70301 (b) LIMITATIONS.—The Secretary may make a to 70305 as 51101 to 51105, respectively. project grant under this chapter only if— § 51101. Definitions (1) at least 10 percent of the total cost of the project will be paid by the private sector; and In this chapter— (2) the grant will not be for more than 50 (1) the definitions in section 50501 of this percent of the total cost of the project. title apply. (2) ‘‘commercial space transportation infra- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, structure development’’ includes— § 70302 of title 49; renumbered § 70302 then § 51102 (A) construction, improvement, design, of title 51, Pub. L. 111–314, § 4(d)(2), (4)(B), Dec. and engineering of space transportation in- 18, 2010, 124 Stat. 3440, 3441.) frastructure in the United States; and HISTORICAL AND REVISION NOTES (B) technical studies to define how new or enhanced space transportation infrastruc- Revised Section Source (U.S. Code) Source (Statutes at Large) ture can best meet the needs of the United States commercial space transportation in- 70302(a) ...... 15:5804(b) (1st sen- Nov. 4, 1992, Pub. L. 102–588, tence). § 505(b) (1st sentence), (f), dustry. 106 Stat. 5125, 5127. 70302(b) ...... 15:5804(f). (3) ‘‘project’’ means a project (or separate projects submitted together) to carry out com- In subsection (a), the words ‘‘of the United States’’ mercial space transportation infrastructure are substituted for ‘‘Nation’s’’ for consistency. development, including the combined submis- AMENDMENTS sion of all projects to be undertaken at a par- ticular site in a fiscal year. 2010—Pub. L. 111–314 successively renumbered section (4) ‘‘project grant’’ means a grant of an 70302 of title 49 and section 70302 of this title as this section. amount by the Secretary of Transportation to a sponsor for one or more projects. § 51103. Grant applications (5) ‘‘public agency’’ means a State or an agency of a State, a political subdivision of a (a) GENERAL.—A sponsor may submit to the State, or a tax-supported organization. Secretary of Transportation an application for a (6) ‘‘sponsor’’ means a public agency that, project grant. The application must state the individually or jointly with one or more other project to be undertaken and be in the form and public agencies, submits to the Secretary contain the information the Secretary requires. under this chapter an application for a project (b) CONSIDERATIONS AND CONSULTATION.—(1) In grant. selecting proposed projects for grants under this section, the Secretary of Transportation shall (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, consider— § 70301 of title 49; renumbered § 70301 then § 51101 (A) the contribution of the project to indus- of title 51 and amended Pub. L. 111–314, § 4(d)(2), try capabilities that serve the United States (4)(A), (6)(A), Dec. 18, 2010, 124 Stat. 3440–3442.) Government’s space transportation needs; HISTORICAL AND REVISION NOTES (B) the extent of industry’s financial con- tribution to the project; Revised Source (U.S. Code) Source (Statutes at Large) (C) the extent of industry’s participation in Section the project; 70301 ...... 15:5804(a). Nov. 4, 1992, Pub. L. 102–588, (D) the positive impact of the project on the § 505(a), 106 Stat. 5124. international competitiveness of the United Clause (1) is added to incorporate the definitions in States space transportation industry; 15:5802. (E) the extent of State contributions to the In clause (2), the word ‘‘includes’’ is substituted for project; and ‘‘may include’’ for consistency in the revised title and (F) the impact of the project on launch oper- with other titles of the United States Code. ations and other activities at Government In clause (5), the words ‘‘municipality or other’’ are launch ranges. omitted for consistency. The text of 15:5804(5) is omitted as unnecessary be- (2) The Secretary of Transportation shall con- cause the complete name of the Secretary of Transpor- sult with the Secretary of Defense, the Adminis- Page 95 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 51104 trator of the National Space and Aeronautics ity, and other factors affecting the environment. Administration, and the heads of other appro- If the Secretary of Transportation finds that a priate agencies of the Government about para- project will have a significant adverse effect, graph (1)(A) and (F) of this subsection. the Secretary may approve the application for (c) REQUIREMENTS.—The Secretary of Trans- the project only if, after a complete review that portation may approve an application only if is a matter of public record, the Secretary the Secretary is satisfied that— makes a written finding that no feasible and (1) the project will contribute to the pur- prudent alternative to the project exists and poses of this chapter; that all reasonable steps have been taken to (2) the project is reasonably consistent with minimize the adverse effect. plans (existing at the time of approval of the (b) PUBLIC HEARING REQUIREMENT.—The Sec- project) of public agencies that are— retary of Transportation may approve an appli- (A) authorized by the State in which the cation only if the sponsor of the project certifies project is located; and to the Secretary that an opportunity for a pub- (B) responsible for the development of the lic hearing has been provided to consider the area surrounding the project site; economic, social, and environmental effects of the project and its consistency with the goals of (3) if the application proposes to use Govern- any planning carried out by the community. ment property, the specific consent of the When a hearing is held under this paragraph, the head of the appropriate agency has been ob- sponsor shall submit a copy of the transcript of tained; the hearing to the Secretary. (4) the project will be completed without un- (c) COMPLIANCE WITH AIR AND WATER QUALITY reasonable delay; STANDARDS.—(1) The Secretary of Transpor- (5) the sponsor submitting the application tation may approve an application only if the has the legal authority to engage in the chief executive officer of the State in which the project; and project is located certifies in writing to the Sec- (6) any additional requirements prescribed retary that there is reasonable assurance that by the Secretary have been met. the project will be located, designed, con- (d) PREFERENCE FOR INDUSTRY CONTRIBU- structed, and operated to comply with applica- TIONS.—The Secretary of Transportation shall ble air and water quality standards. If the Ad- give preference to applications for projects for ministrator has not prescribed those standards, which there will be greater industry financial certification shall be obtained from the Admin- contributions, all other factors being equal. istrator. Notice of certification or refusal to cer- tify shall be provided not later than 60 days (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, after the Secretary receives the application. § 70303 of title 49; renumbered § 70303 then § 51103 (2) The Secretary of Transportation shall con- of title 51, Pub. L. 111–314, § 4(d)(2), (4)(C), Dec. dition the approval of an application on compli- 18, 2010, 124 Stat. 3440, 3441.) ance with applicable air and water quality standards during construction and operation. HISTORICAL AND REVISION NOTES (d) COMPLIANCE WITH LAWS AND REGULA- TIONS.—The Secretary of Transportation may Revised Source (U.S. Code) Source (Statutes at Large) Section require a certification from a sponsor that the 70303(a) ...... 15:5804(d)(1). Nov. 4, 1992, Pub. L. 102–588, sponsor will comply with all applicable laws and § 505(c), (d), 106 Stat. 5125. regulations. The Secretary may rescind at any 70303(b)(1) .. 15:5804(c)(1). 70303(b)(2) .. 15:5804(c)(2). time acceptance of a certification from a spon- 70303(c) ...... 15:5804(d)(2). sor under this subsection. This subsection does 70303(d) ...... 15:5804(c)(3). not affect any responsibility of the Secretary In subsection (a), the words ‘‘for one or more under another law, including— projects’’ are omitted as unnecessary because of the (1) section 303 of title 49; definition of ‘‘project’’ in section 70301 of the revised (2) title VI of the Civil Rights Act of 1964 (42 title. U.S.C. 2000d et seq.); In subsection (c)(5), the words ‘‘as proposed’’ are (3) title VIII of the Act of April 11, 1968 (42 omitted as surplus. U.S.C. 3601 et seq.); (4) the National Environmental Policy Act AMENDMENTS of 1969 (42 U.S.C. 4321 et seq.); and 2010—Pub. L. 111–314 successively renumbered section (5) the Uniform Relocation Assistance and 70303 of title 49 and section 70303 of this title as this Real Property Acquisition Policies Act of 1970 section. (42 U.S.C. 4601 et seq.). § 51104. Environmental requirements (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, § 70304 of title 49; renumbered § 70304 then § 51104 (a) POLICY.—It is the policy of the United States that projects selected under this chapter of title 51 and amended Pub. L. 111–314, § 4(d)(2), shall provide for the protection and enhance- (4)(D), (6)(B), Dec. 18, 2010, 124 Stat. 3440, 3441, ment of the natural resources and the quality of 3443.) the environment of the United States. In carry- HISTORICAL AND REVISION NOTES ing out this policy, the Secretary of Transpor- tation shall consult with the Secretary of the Revised Section Source (U.S. Code) Source (Statutes at Large) Interior and the Administrator of the Environ- mental Protection Agency about a project that 70304 ...... 15:5804(e). Nov. 4, 1992, Pub. L. 102–588, § 505(e), 106 Stat. 5126. may have a significant effect on natural re- sources, including fish and wildlife, natural, sce- In subsection (a), the words ‘‘policy of the United nic, and recreational assets, water and air qual- States’’ are substituted for ‘‘national policy’’, and the § 51105 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 96 words ‘‘of the United States’’ are substituted for ‘‘of AMENDMENTS the Nation’’, for consistency. The words ‘‘included in a 2010—Pub. L. 111–314 successively renumbered section project grant application’’ and ‘‘full and’’ are omitted 70305 of title 49 and section 70305 of this title as this as surplus. section. In subsection (b), the words ‘‘of objectives’’ are omit- ted as surplus. In subsection (c), the words ‘‘chief executive officer’’ Subtitle VI—Earth Observations are substituted for ‘‘Governor’’ for consistency in the revised title and because the word ‘‘State’’ includes the CHAPTER 601—LAND REMOTE SENSING territories and possessions of the United States. POLICY In subsection (d), before clause (1), the words ‘‘in con- SUBCHAPTER I—GENERAL nection with any project’’, ‘‘imposed on such sponsor under this section in connection with such project’’, Sec. and ‘‘or discharge’’ are omitted as surplus. The words 60101. Definitions. ‘‘laws and regulations’’ are substituted for ‘‘statutory SUBCHAPTER II—LANDSAT and administrative requirements’’ for consistency in the revised title. 60111. Landsat Program Management. 60112. Transfer of Landsat 6 program responsibil- ities. REFERENCES IN TEXT 60113. Data policy for Landsat 7. The Civil Rights Act of 1964, referred to in subsec. SUBCHAPTER III—LICENSING OF PRIVATE (d)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title REMOTE SENSING SPACE SYSTEMS VI of the Act is classified to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and 60121. General licensing authority. Welfare. For complete classification of this Act to the 60122. Conditions for operation. Code, see Short Title note set out under section 2000a 60123. Administrative authority of Secretary. of Title 42 and Tables. 60124. Regulatory authority of Secretary. Title VIII of the Act of April 11, 1968, referred to in 60125. Agency activities. subsec. (d)(3), is title VIII of Pub. L. 90–284, Apr. 11, SUBCHAPTER IV—RESEARCH, DEVELOPMENT, 1968, 82 Stat. 81, known as the Fair Housing Act, which AND DEMONSTRATION is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 of Title 42, The Public Health and Welfare. 60131. Continued Federal research and development. For complete classification of this Act to the Code, see 60132. Availability of federally gathered unenhanced Short Title note set out under section 3601 of Title 42 data. and Tables. 60133. Technology demonstration program. The National Environmental Policy Act of 1969, re- 60134. Preference for private sector land remote ferred to in subsec. (d)(4), is Pub. L. 91–190, Jan. 1, 1970, sensing system. 83 Stat. 852, which is classified generally to chapter 55 SUBCHAPTER V—GENERAL PROVISIONS (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the 60141. Nondiscriminatory data availability. Code, see Short Title note set out under section 4321 of 60142. Archiving of data. Title 42 and Tables. 60143. Nonreproduction. The Uniform Relocation Assistance and Real Prop- 60144. Reimbursement for assistance. erty Acquisition Policies Act of 1970, referred to in sub- 60145. Acquisition of equipment. sec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, 60146. Radio frequency allocation. which is classified principally to chapter 61 (§ 4601 et 60147. Consultation. seq.) of Title 42, The Public Health and Welfare. For 60148. Enforcement. complete classification of this Act to the Code, see SUBCHAPTER VI—PROHIBITION OF Short Title note set out under section 4601 of Title 42 COMMERCIALIZATION OF WEATHER SATELLITES and Tables. 60161. Prohibition. 60162. Future considerations. AMENDMENTS 2010—Pub. L. 111–314, § 4(d)(2), (4)(D), successively re- SUBCHAPTER I—GENERAL numbered section 70304 of title 49 and section 70304 of § 60101. Definitions this title as this section. Subsec. (d)(1). Pub. L. 111–314, § 4(d)(6)(B), substituted In this chapter: ‘‘section 303 of title 49’’ for ‘‘section 303 of this title’’. (1) COST OF FULFILLING USER REQUESTS.—The term ‘‘cost of fulfilling user requests’’ means § 51105. Authorization of appropriations the incremental costs associated with provid- ing product generation, reproduction, and dis- Not more than $10,000,000 may be appropriated tribution of unenhanced data in response to to the Secretary of Transportation to make user requests and shall not include any acqui- grants under this chapter. Amounts appro- sition, amortization, or depreciation of capital priated under this section remain available until assets originally paid for by the United States expended. Government or other costs not specifically at- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1345, tributable to fulfilling user requests. § 70305 of title 49; renumbered § 70305 then § 51105 (2) DATA CONTINUITY.—The term ‘‘data con- of title 51, Pub. L. 111–314, § 4(d)(2), (4)(E), Dec. tinuity’’ means the continued acquisition and 18, 2010, 124 Stat. 3440, 3441.) availability of unenhanced data which are, from the point of view of the user— HISTORICAL AND REVISION NOTES (A) sufficiently consistent (in terms of ac- quisition geometry, coverage characteris- Revised Source (U.S. Code) Source (Statutes at Large) Section tics, and spectral characteristics) with pre- 70305 ...... 15:5804(b) (2d, last Nov. 4, 1992, Pub. L. 102–588, vious Landsat data to allow comparisons for sentences). § 505(b) (2d, last sen- global and regional change detection and tences), 106 Stat. 5125. characterization; and Page 97 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60101

(B) compatible with such data and with (B) the results of such activities are dis- methods used to receive and process such closed in a timely and complete fashion in data. the open technical literature or other meth- od of public release, except when such disclo- (3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— sure by the United States Government or its (A) may include— contractors would adversely affect the na- (i) rectification of system and sensor dis- tional security or foreign policy of the tortions in land remote sensing data as it United States or violate a provision of law is received directly from the satellite in or regulation; and preparation for delivery to a user; (C) such data shall not be distributed in (ii) registration of such data with respect competition with unenhanced data provided to features of the Earth; and by the Landsat 6 contractor. (iii) calibration of spectral response with (11) SECRETARY.—The term ‘‘Secretary’’ respect to such data; but means the Secretary of Commerce. (B) does not include conclusions, manipu- (12) UNENHANCED DATA.—The term ‘‘un- lations, or calculations derived from such enhanced data’’ means land remote sensing data, or a combination of such data with signals or imagery products that are unproc- other data. essed or subject only to data preprocessing. (13) UNITED STATES GOVERNMENT AND ITS AF- (4) LAND REMOTE SENSING.—The term ‘‘land FILIATED USERS.—The term ‘‘United States remote sensing’’ means the collection of data Government and its affiliated users’’ means— which can be processed into imagery of surface (A) United States Government agencies; features of the Earth from an unclassified sat- (B) researchers involved with the United ellite or satellites, other than an operational States Global Change Research Program and United States Government weather satellite. its international counterpart programs; and (5) LANDSAT PROGRAM MANAGEMENT.—The (C) other researchers and international en- term ‘‘Landsat Program Management’’ means tities that have signed with the United the integrated program management struc- States Government a cooperative agreement ture— involving the use of Landsat data for non- (A) established by, and responsible to, the commercial purposes. Administrator and the Secretary of Defense pursuant to section 60111(a) of this title; and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3409.) (B) consisting of appropriate officers and HISTORICAL AND REVISION NOTES employees of the Administration, the De- partment of Defense, and any other United Revised Section Source (U.S. Code) Source (Statutes at Large) States Government agencies the President designates as responsible for the Landsat 60101 ...... 15 U.S.C. 5602. Pub. L. 102–555, § 3, Oct. 28, 1992, 106 Stat. 4164. program. (6) LANDSAT SYSTEM.—The term ‘‘Landsat The definition of ‘‘Administrator’’ in section 3 of the system’’ means Landsats 1, 2, 3, 4, 5, and 6, and Land Remote Sensing Policy Act of 1992 (Public Law any follow-on land remote sensing system op- 102–555, 106 Stat. 4164) is omitted as unnecessary be- cause of the definition added by section 10101 of title 51. erated and owned by the United States Gov- ernment, along with any related ground equip- FINDINGS ment, systems, and facilities owned by the Pub. L. 102–555, § 2, Oct. 28, 1992, 106 Stat. 4163, pro- United States Government. vided that: ‘‘The Congress finds and declares the follow- (7) LANDSAT 6 CONTRACTOR.—The term ing: ‘‘Landsat 6 contractor’’ means the private sec- ‘‘(1) The continuous collection and utilization of tor entity which was awarded the contract for land remote sensing data from space are of major spacecraft construction, operations, and data benefit in studying and understanding human im- pacts on the global environment, in managing the marketing rights for the Landsat 6 spacecraft. Earth’s natural resources, in carrying out national (8) LANDSAT 7.—The term ‘‘Landsat 7’’ means security functions, and in planning and conducting the follow-on satellite to Landsat 6. many other activities of scientific, economic, and so- (9) NATIONAL SATELLITE LAND REMOTE SENS- cial importance. ING DATA ARCHIVE.—The term ‘‘National Sat- ‘‘(2) The Federal Government’s Landsat system es- ellite Land Remote Sensing Data Archive’’ tablished the United States as the world leader in means the archive established by the Sec- land remote sensing technology. retary of the Interior pursuant to the archival ‘‘(3) The national interest of the United States lies in maintaining international leadership in satellite responsibilities defined in section 60142 of this land remote sensing and in broadly promoting the title. beneficial use of remote sensing data. (10) NONCOMMERCIAL PURPOSES.—The term ‘‘(4) The cost of Landsat data has impeded the use ‘‘noncommercial purposes’’ means activities of such data for scientific purposes, such as for global undertaken by individuals or entities on the environmental change research, as well as for other condition, upon receipt of unenhanced data, public sector applications. that— ‘‘(5) Given the importance of the Landsat program (A) such data shall not be used in connec- to the United States, urgent actions, including expe- dited procurement procedures, are required to ensure tion with any bid for a commercial contract, data continuity. development of a commercial product, or ‘‘(6) Full commercialization of the Landsat pro- any other non-United States Government ac- gram cannot be achieved within the foreseeable fu- tivity that is expected, or has the potential, ture, and thus should not serve as the near-term goal to be profitmaking; of national policy on land remote sensing; however, § 60111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 98

commercialization of land remote sensing should re- SUBCHAPTER II—LANDSAT main a long-term goal of United States policy. ‘‘(7) Despite the success and importance of the § 60111. Landsat Program Management Landsat system, funding and organizational uncer- (a) ESTABLISHMENT.—The Administrator and tainties over the past several years have placed its the Secretary of Defense shall be responsible for future in doubt and have jeopardized United States leadership in land remote sensing. management of the Landsat program. Such re- sponsibility shall be carried out by establishing ‘‘(8) Recognizing the importance of the Landsat an integrated program management structure program in helping to meet national and commercial objectives, the President approved, on February 11, for the Landsat system. 1992, a National Space Policy Directive which was de- (b) MANAGEMENT PLAN.—The Administrator, veloped by the National Space Council and commits the Secretary of Defense, and any other United the United States to ensuring the continuity of Land- States Government official the President des- sat coverage into the 21st century. ignates as responsible for part of the Landsat ‘‘(9) Because Landsat data are particularly impor- program shall establish, through a management tant for national security purposes and global envi- plan, the roles, responsibilities, and funding ex- ronmental change research, management responsibil- pectations for the Landsat program of the ap- ities for the program should be transferred from the propriate United States Government agencies. Department of Commerce to an integrated program The management plan shall— management involving the Department of Defense (1) specify that the fundamental goal of the and the National Aeronautics and Space Administra- tion. Landsat Program Management is the continu- ity of unenhanced Landsat data through the ‘‘(10) Regardless of management responsibilities for acquisition and operation of a Landsat 7 sat- the Landsat program, the Nation’s broad civilian, na- tional security, commercial, and foreign policy inter- ellite as quickly as practicable which is, at a ests in remote sensing will best be served by ensuring minimum, functionally equivalent to the that Landsat remains an unclassified program that Landsat 6 satellite, with the addition of a operates according to the principles of open skies and tracking and data relay satellite communica- nondiscriminatory access. tions capability; ‘‘(11) Technological advances aimed at reducing the (2) include a baseline funding profile that— size and weight of satellite systems hold the poten- (A) is mutually acceptable to the Adminis- tial for dramatic reductions in the cost, and substan- tration and the Department of Defense for tial improvements in the capabilities, of future land the period covering the development and op- remote sensing systems, but such technological ad- eration of Landsat 7; and vances have not been demonstrated for land remote (B) provides for total funding responsibil- sensing and therefore cannot be relied upon as the sole means of achieving data continuity for the Land- ity of the Administration and the Depart- sat program. ment of Defense, respectively, to be approxi- mately equal to the funding responsibility of ‘‘(12) A technology demonstration program involv- ing advanced remote sensing technologies could serve the other as spread across the development a vital role in determining the design of a follow-on and operational life of Landsat 7; spacecraft to Landsat 7, while also helping to deter- (3) specify that any improvements over the mine whether such a spacecraft should be funded by Landsat 6 functional equivalent capability for the United States Government, by the private sector, or by an international consortium. Landsat 7 will be funded by a specific sponsor- ing agency or agencies, in a manner agreed to ‘‘(13) To maximize the value of the Landsat pro- gram to the American public, unenhanced Landsat 4 by the Landsat Program Management, if the through 6 data should be made available, at a mini- required funding exceeds the baseline funding mum, to United States Government agencies, to glob- profile required by paragraph (2), and that ad- al environmental change researchers, and to other re- ditional improvements will be sought only if searchers who are financially supported by the the improvements will not jeopardize data United States Government, at the cost of fulfilling continuity; and user requests, and unenhanced Landsat 7 data should (4) provide for a technology demonstration be made available to all users at the cost of fulfilling program whose objective shall be the dem- user requests. onstration of advanced land remote sensing ‘‘(14) To stimulate development of the commercial technologies that may potentially yield a sys- market for unenhanced data and value-added serv- tem which is less expensive to build and oper- ices, the United States Government should adopt a data policy for Landsat 7 which allows competition ate, and more responsive to data users, than is within the private sector for distribution of un- the current Landsat system. enhanced data and value-added services. (c) RESPONSIBILITIES.—The Landsat Program ‘‘(15) Development of the remote sensing market Management shall be responsible for— and the provision of commercial value-added services (1) Landsat 7 procurement, launch, and oper- based on remote sensing data should remain exclu- ations; sively the function of the private sector. (2) ensuring that the operation of the Land- ‘‘(16) It is in the best interest of the United States sat system is responsive to the broad interests to maintain a permanent, comprehensive Govern- of the civilian, national security, commercial, ment archive of global Landsat and other land re- and foreign users of the Landsat system; mote sensing data for long-term monitoring and study of the changing global environment.’’ (3) ensuring that all unenhanced Landsat data remain unclassified and that, except as [For definition of terms used in section 2 of Pub. L. provided in subsections (a) and (b) of section 102–555, set out above, see section 3 of Pub. L. 102–555, Oct. 28, 1992, 106 Stat. 4164, which was classified to 60146 of this title, no restrictions are placed on former section 5602 of Title 15, Commerce and Trade, the availability of unenhanced data; and was repealed and reenacted as this section by Pub. (4) ensuring that land remote sensing data of L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.] high priority locations will be acquired by the Page 99 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60113

Landsat 7 system as required to meet the HISTORICAL AND REVISION NOTES needs of the United States Global Change Re- Revised search Program, as established in the Global Section Source (U.S. Code) Source (Statutes at Large) Change Research Act of 1990 (15 U.S.C. 2921 et 60111 ...... 15 U.S.C. 5611. Pub. L. 102–555, title I, § 101, seq.), and to meet the needs of national secu- Oct. 28, 1992, 106 Stat. 4166. rity users; (5) Landsat data responsibilities pursuant to In subsection (b), in the matter before paragraph (1), this chapter; after the words ‘‘funding expectations for the Land- sat’’, the word ‘‘program’’ is set out without being cap- (6) oversight of Landsat contracts entered italized to correct an error in the law. into under sections 102 1 and 103 1 of the Land In subsection (c)(6), the words ‘‘sections 102 and 103 of Remote Sensing Policy Act of 1992 (Public the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4168); Law 102–555, 106 Stat. 4168)’’ are substituted for ‘‘sec- tions 102 and 103’’ to clarify the reference. The ref- (7) coordination of a technology demonstra- erence to sections 102 and 103 of the Land Remote Sens- tion program pursuant to section 60133 of this ing Policy Act of 1992 is retained in text, notwithstand- title; and ing the fact that sections 102 and 103 of the Act are re- (8) ensuring that copies of data acquired by pealed as obsolete, because oversight responsibilities the Landsat system are provided to the Na- may continue for contracts entered into under the now tional Satellite Land Remote Sensing Data obsolete provisions. In subsection (e)(2), in the matter before subpara- Archive. graph (A), the word ‘‘biennially’’ is substituted for ‘‘Within 1 year after the date of the enactment of this (d) AUTHORITY TO CONTRACT.—The Landsat Program Management may, subject to appro- Act and biennially thereafter,’’ to eliminate obsolete language. priations and only under the existing contract authority of the United States Government REFERENCES IN TEXT agencies that compose the Landsat Program The Global Change Research Act of 1990, referred to Management, enter into contracts with the pri- in subsec. (c)(4), is Pub. L. 101–606, Nov. 16, 1990, 104 vate sector for services such as satellite oper- Stat. 3096, which is classified generally to chapter 56A ations and data preprocessing. (§ 2921 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see (e) LANDSAT ADVISORY PROCESS.— Short Title note set out under section 2921 of Title 15 (1) ADVICE AND COMMENTS.—The Landsat and Tables. Program Management shall seek impartial ad- Sections 102 and 103 of the Land Remote Sensing Pol- vice and comments regarding the status, effec- icy Act of 1992, referred to in subsec. (c)(6), which were tiveness, and operation of the Landsat system, classified to sections 5612 and 5613, respectively, of using existing advisory committees and other Title 15, Commerce and Trade, were repealed by Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, which Act en- appropriate mechanisms. Such advice shall be acted this title. sought from individuals who represent— (A) a broad range of perspectives on basic DEVELOPMENT, PROCUREMENT, AND SUPPORT and applied science and operational needs Pub. L. 102–484, div. A, title II, § 243, Oct. 23, 1992, 106 with respect to land remote sensing data; Stat. 2360, as amended by Pub. L. 103–35, title II, § 202(a)(3), May 31, 1993, 107 Stat. 101, provided that: (B) the full spectrum of users of Landsat ‘‘The Secretary of Defense is authorized to contract for data, including representatives from United the development and procurement of, and support for States Government agencies, State and local operations of, the Landsat vehicle designated as Land- government agencies, academic institutions, sat 7.’’ Similar provisions were contained in the follow- nonprofit organizations, value-added compa- ing prior appropriation act: nies, the agricultural, mineral extraction, Pub. L. 102–396, title IX, § 9082A, Oct. 6, 1992, 106 Stat. and other user industries, and the public; 1920. and § 60112. Transfer of Landsat 6 program respon- (C) a broad diversity of age groups, sexes, sibilities and races. The responsibilities of the Secretary with re- (2) REPORTS.—The Landsat Program Man- spect to Landsat 6 shall be transferred to the agement shall prepare and submit biennially a Landsat Program Management, as agreed to be- report to Congress which— tween the Secretary and the Landsat Program (A) reports the public comments received Management, pursuant to section 60111 of this pursuant to paragraph (1); and title. (B) includes— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.) (i) a response to the public comments re- HISTORICAL AND REVISION NOTES ceived pursuant to paragraph (1); (ii) information on the volume of use, by Revised Section Source (U.S. Code) Source (Statutes at Large) category, of data from the Landsat sys- tem; and 60112 ...... 15 U.S.C. 5614. Pub. L. 102–555, title I, § 104, Oct. 28, 1992, 106 Stat. 4170. (iii) any recommendations for policy or programmatic changes to improve the § 60113. Data policy for Landsat 7 utility and operation of the Landsat sys- tem. (a) LANDSAT 7 DATA POLICY.—The Landsat Program Management, in consultation with (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3411.) other appropriate United States Government agencies, shall develop a data policy for Landsat 1 See References in Text note below. 7 which should— § 60121 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 100

(1) ensure that unenhanced data are avail- and any applicable international obligations able to all users at the cost of fulfilling user and national security concerns of the United requests; States. (2) ensure timely and dependable delivery of (2) LIST OF REQUIREMENTS FOR COMPLETE AP- unenhanced data to the full spectrum of civil- PLICATION.—The Secretary shall publish in the ian, national security, commercial, and for- Federal Register a complete and specific list eign users and the National Satellite Land Re- of all information required to comprise a com- mote Sensing Data Archive; plete application for a license under this sub- (3) ensure that the United States retains chapter. An application shall be considered ownership of all unenhanced data generated by complete when the applicant has provided all Landsat 7; information required by the list most recently (4) support the development of the commer- published in the Federal Register before the cial market for remote sensing data; date the application was first submitted. Un- (5) ensure that the provision of commercial less the Secretary has, within 30 days after re- value-added services based on remote sensing ceipt of an application, notified the applicant data remains exclusively the function of the of information necessary to complete an appli- private sector; and cation, the Secretary may not deny the appli- (6) to the extent possible, ensure that the cation on the basis of the absence of any such data distribution system for Landsat 7 is com- information. patible with the Earth Observing System Data and Information System. (c) DEADLINE FOR ACTION ON APPLICATION.— The Secretary shall review any application and (b) ADDITIONAL DATA POLICY CONSIDER- make a determination thereon within 120 days ATIONS.—In addition, the data policy for Landsat of the receipt of such application. If final action 7 may provide for— has not occurred within such time, the Sec- (1) United States private sector entities to retary shall inform the applicant of any pending operate ground receiving stations in the issues and of actions required to resolve them. United States for Landsat 7 data; (d) IMPROPER BASIS FOR DENIAL.—The Sec- (2) other means for direct access by private retary shall not deny such license in order to sector entities to unenhanced data from Land- protect any existing licensee from competition. sat 7; and (e) REQUIREMENT TO PROVIDE UNENHANCED (3) the United States Government to charge DATA.— a per image fee, license fee, or other such fee (1) DESIGNATION OF DATA.—The Secretary, in to entities operating ground receiving stations consultation with other appropriate United or distributing Landsat 7 data. States Government agencies and pursuant to (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.) paragraph (2), shall designate in a license is- sued pursuant to this subchapter any un- HISTORICAL AND REVISION NOTES enhanced data required to be provided by the licensee under section 60122(b)(3) of this title. Revised Source (U.S. Code) Source (Statutes at Large) Section (2) PRELIMINARY DETERMINATION.—The Sec- 60113 ...... 15 U.S.C. 5615(a), Pub. L. 102–555, title I, retary shall make a designation under para- (b). § 105(a), (b), Oct. 28, 1992, graph (1) after determining that— 106 Stat. 4170. (A) such data are generated by a system for which all or a substantial part of the de- SUBCHAPTER III—LICENSING OF PRIVATE velopment, fabrication, launch, or oper- REMOTE SENSING SPACE SYSTEMS ations costs have been or will be directly § 60121. General licensing authority funded by the United States Government; or (B) it is in the interest of the United (a) LICENSING AUTHORITY OF SECRETARY.— States to require such data to be provided by (1) IN GENERAL.—In consultation with other the licensee consistent with section appropriate United States Government agen- 60122(b)(3) of this title, after considering the cies, the Secretary is authorized to license pri- impact on the licensee and the importance vate sector parties to operate private remote of promoting widespread access to remote sensing space systems for such period as the sensing data from United States and foreign Secretary may specify and in accordance with systems. the provisions of this subchapter. (2) LIMITATION WITH RESPECT TO SYSTEM USED (3) CONSISTENCY WITH CONTRACT OR OTHER AR- FOR OTHER PURPOSES.—In the case of a private RANGEMENT.—A designation made by the Sec- space system that is used for remote sensing retary under paragraph (1) shall not be incon- and other purposes, the authority of the Sec- sistent with any contract or other arrange- retary under this subchapter shall be limited ment entered into between a United States only to the remote sensing operations of such Government agency and the licensee. space system. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.)

(b) COMPLIANCE WITH LAW, REGULATIONS, HISTORICAL AND REVISION NOTES INTERNATIONAL OBLIGATIONS, AND NATIONAL SE- CURITY.— Revised Section Source (U.S. Code) Source (Statutes at Large) (1) IN GENERAL.—No license shall be granted by the Secretary unless the Secretary deter- 60121 ...... 15 U.S.C. 5621. Pub. L. 102–555, title II, § 201, Oct. 28, 1992, 106 Stat. 4171; mines in writing that the applicant will com- Pub. L. 105–303, title I, ply with the requirements of this chapter, any § 107(f)(1), Oct. 28, 1998, 112 regulations issued pursuant to this chapter, Stat. 2854. Page 101 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60123

In subsection (b)(2), the words ‘‘within 6 months after (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.) the date of the enactment of the Commercial Space Act of 1998’’ are omitted as obsolete. HISTORICAL AND REVISION NOTES

PROHIBITION ON COLLECTION AND RELEASE OF DETAILED Revised Source (U.S. Code) Source (Statutes at Large) SATELLITE IMAGERY RELATING TO ISRAEL Section Pub. L. 104–201, div. A, title X, § 1064, Sept. 23, 1996, 110 60122 ...... 15 U.S.C. 5622. Pub. L. 102–555, title II, § 202, Stat. 2653, provided that: Oct. 28, 1992, 106 Stat. 4172; OLLECTION AND ISSEMINATION Pub. L. 105–303, title I, ‘‘(a) C D .—A department § 107(f)(2), Oct. 28, 1998, 112 or agency of the United States may issue a license for Stat. 2854. the collection or dissemination by a non-Federal entity of satellite imagery with respect to Israel only if such In subsection (c), in the matter before paragraph (1), imagery is no more detailed or precise than satellite the words ‘‘subsection (b)’’ are substituted for ‘‘para- imagery of Israel that is available from commercial graph (b)’’ to correct an error in the law. sources. ‘‘(b) DECLASSIFICATION AND RELEASE.—A department or agency of the United States may declassify or other- § 60123. Administrative authority of Secretary wise release satellite imagery with respect to Israel only if such imagery is no more detailed or precise than (a) FUNCTIONS.—In order to carry out the re- satellite imagery of Israel that is available from com- sponsibilities specified in this subchapter, the mercial sources.’’ Secretary may— § 60122. Conditions for operation (1) grant, condition, or transfer licenses (a) LICENSE REQUIRED FOR OPERATION.—No per- under this chapter; son that is subject to the jurisdiction or control (2) seek an order of injunction or similar ju- of the United States may, directly or through dicial determination from a district court of any subsidiary or affiliate, operate any private the United States with personal jurisdiction remote sensing space system without a license over the licensee to terminate, modify, or sus- pursuant to section 60121 of this title. pend licenses under this subchapter and to ter- (b) LICENSING REQUIREMENTS.—Any license is- minate licensed operations on an immediate sued pursuant to this subchapter shall specify basis, if the Secretary determines that the li- that the licensee shall comply with all of the re- censee has substantially failed to comply with quirements of this chapter and shall— any provisions of this chapter, with any terms, (1) operate the system in such manner as to conditions, or restrictions of such license, or preserve the national security of the United with any international obligations or national States and to observe the international obliga- security concerns of the United States; tions of the United States in accordance with (3) provide penalties for noncompliance with section 60146 of this title; the requirements of licenses or regulations is- (2) make available to the government of any sued under this subchapter, including civil country (including the United States) un- penalties not to exceed $10,000 (each day of op- enhanced data collected by the system con- eration in violation of such licenses or regula- cerning the territory under the jurisdiction of tions constituting a separate violation); such government as soon as such data are available and on reasonable terms and condi- (4) compromise, modify, or remit any such tions; civil penalty; (3) make unenhanced data designated by the (5) issue subpoenas for any materials, docu- Secretary in the license pursuant to section ments, or records, or for the attendance and 60121(e) of this title available in accordance testimony of witnesses for the purpose of con- with section 60141 of this title; ducting a hearing under this section; (4) upon termination of operations under the (6) seize any object, record, or report pursu- license, make disposition of any satellites in ant to a warrant from a magistrate based on a space in a manner satisfactory to the Presi- showing of probable cause to believe that such dent; object, record, or report was used, is being (5) furnish the Secretary with complete orbit used, or is likely to be used in violation of this and data collection characteristics of the sys- chapter or the requirements of a license or tem, and inform the Secretary immediately of regulation issued thereunder; and any deviation; and (6) notify the Secretary of any significant or (7) make investigations and inquiries and ad- substantial agreement the licensee intends to minister to or take from any person an oath, enter with a foreign nation, entity, or consor- affirmation, or affidavit concerning any mat- tium involving foreign nations or entities. ter relating to the enforcement of this chap- ter. (c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CONTRACTOR.—In addition to the re- (b) REVIEW OF AGENCY ACTION.—Any applicant quirements of subsection (b), any license issued or licensee that makes a timely request for re- pursuant to this subchapter to the Landsat 6 view of an adverse action pursuant to paragraph contractor shall specify that the Landsat 6 con- (1), (3), (5), or (6) of subsection (a) shall be enti- tractor shall— tled to adjudication by the Secretary on the (1) notify the Secretary of any value added record after an opportunity for any agency hear- activities (as defined by the Secretary by reg- ing with respect to such adverse action. Any ulation) that will be conducted by the Landsat final action by the Secretary under this sub- 6 contractor or by a subsidiary or affiliate; and section shall be subject to judicial review under (2) if such activities are to be conducted, chapter 7 of title 5. provide the Secretary with a plan for compli- ance with section 60141 of this title. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.) § 60124 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 102

HISTORICAL AND REVISION NOTES REFERENCES IN TEXT

Revised The Communications Act of 1934, referred to in sub- Section Source (U.S. Code) Source (Statutes at Large) sec. (e), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of 60123 ...... 15 U.S.C. 5623. Pub. L. 102–555, title II, § 203, Title 47, Telecommunications. For complete classifica- Oct. 28, 1992, 106 Stat. 4172. tion of this Act to the Code, see section 609 of Title 47 In subsection (a), at the end of paragraph (2), a semi- and Tables. colon is substituted for the period to correct an error SUBCHAPTER IV—RESEARCH, in the law. DEVELOPMENT, AND DEMONSTRATION § 60124. Regulatory authority of Secretary § 60131. Continued Federal research and develop- The Secretary may issue regulations to carry ment out this subchapter. Such regulations shall be (a) ROLES OF ADMINISTRATION AND DEPARTMENT promulgated only after public notice and com- OF DEFENSE.— ment in accordance with the provisions of sec- (1) IN GENERAL.—The Administrator and the tion 553 of title 5. Secretary of Defense are directed to continue (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3416.) and to enhance programs of remote sensing re- search and development. HISTORICAL AND REVISION NOTES (2) ADMINISTRATION ACTIVITIES AUTHORIZED Revised AND ENCOURAGED.—The Administrator is au- Source (U.S. Code) Source (Statutes at Large) Section thorized and encouraged to— 60124 ...... 15 U.S.C. 5624. Pub. L. 102–555, title II, § 204, (A) conduct experimental space remote Oct. 28, 1992, 106 Stat. 4173. sensing programs (including applications demonstration programs and basic research § 60125. Agency activities at universities); (B) develop remote sensing technologies (a) LICENSE APPLICATION AND ISSUANCE.—A pri- and techniques, including those needed for vate sector party may apply for a license to op- monitoring the Earth and its environment; erate a private remote sensing space system which utilizes, on a space-available basis, a ci- and (C) conduct such research and development vilian United States Government satellite or ve- in cooperation with other United States hicle as a platform for such system. The Sec- Government agencies and with public and retary, pursuant to this subchapter, may license private research entities (including private such system if it meets all conditions of this industry, universities, non-profit organiza- subchapter and— (1) the system operator agrees to reimburse tions, State and local governments, foreign the Government in a timely manner for all re- governments, and international organiza- lated costs incurred with respect to such utili- tions) and to enter into arrangements (in- zation, including a reasonable and propor- cluding joint ventures) which will foster tionate share of fixed, platform, data trans- such cooperation. mission, and launch costs; and (b) ROLES OF DEPARTMENT OF AGRICULTURE (2) such utilization would not interfere with AND DEPARTMENT OF THE INTERIOR.— or otherwise compromise intended civilian (1) IN GENERAL.—In order to enhance the Government missions, as determined by the ability of the United States to manage and agency responsible for such civilian platform. utilize its renewable and nonrenewable re- (b) ASSISTANCE.—The Secretary may offer as- sources, the Secretary of Agriculture and the sistance to private sector parties in finding ap- Secretary of the Interior are authorized and propriate opportunities for such utilization. encouraged to conduct programs of research (c) AGREEMENTS.—To the extent provided in and development in the applications of remote advance by appropriation Acts, any United sensing using funds appropriated for such pur- States Government agency may enter into poses. agreements for such utilization if such agree- (2) ACTIVITIES THAT MAY BE INCLUDED.—Such ments are consistent with such agency’s mission programs may include basic research at uni- and statutory authority, and if such remote versities, demonstrations of applications, and sensing space system is licensed by the Sec- cooperative activities involving other Govern- retary before commencing operation. ment agencies, private sector parties, and for- (d) APPLICABILITY.—This section does not eign and international organizations. apply to activities carried out under subchapter (c) ROLE OF OTHER FEDERAL AGENCIES.—Other IV. United States Government agencies are author- (e) EFFECT ON FCC AUTHORITY.—Nothing in ized and encouraged to conduct research and de- this subchapter shall affect the authority of the velopment on the use of remote sensing in the Federal Communications Commission pursuant fulfillment of their authorized missions, using to the Communications Act of 1934 (47 U.S.C. 151 funds appropriated for such purposes. et seq.). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3416.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Revised Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large) 60131 ...... 15 U.S.C. 5631. Pub. L. 102–555, title III, 60125 ...... 15 U.S.C. 5625. Pub. L. 102–555, title II, § 205, § 301, Oct. 28, 1992, 106 Oct. 28, 1992, 106 Stat. 4173. Stat. 4174. Page 103 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60134

§ 60132. Availability of federally gathered un- (e) LANDSAT PROGRAM MANAGEMENT COORDINA- enhanced data TION.—The Landsat Program Management shall have a coordinating role in the technology dem- (a) IN GENERAL.—All unenhanced land remote onstration program carried out under this sec- sensing data gathered and owned by the United tion. States Government, including unenhanced data gathered under the technology demonstration (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) program carried out pursuant to section 60133 of HISTORICAL AND REVISION NOTES this title, shall be made available to users in a timely fashion. Revised Section Source (U.S. Code) Source (Statutes at Large) (b) PROTECTION FOR COMMERCIAL DATA DIS- TRIBUTOR.—The President shall seek to ensure 60133 ...... 15 U.S.C. 5633(a)–(e). Pub. L. 102–555, title III, § 303(a)–(e), Oct. 28, 1992, that unenhanced data gathered under the tech- 106 Stat. 4174. nology demonstration program carried out pur- suant to section 60133 of this title shall, to the In subsection (a)(1), the date ‘‘October 28, 1992’’ is extent practicable, be made available on terms substituted for ‘‘the date of the enactment of this Act’’ that would not adversely affect the commercial to reflect the date of enactment of the Land Remote market for unenhanced data gathered by the Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). At the end of paragraph (1), a semicolon is sub- Landsat 6 spacecraft. stituted for the period to correct an error in the law. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.) § 60134. Preference for private sector land re- HISTORICAL AND REVISION NOTES mote sensing system

Revised (a) IN GENERAL.—If a successor land remote Section Source (U.S. Code) Source (Statutes at Large) sensing system to Landsat 7 can be funded and 60132 ...... 15 U.S.C. 5632. Pub. L. 102–555, title III, managed by the private sector while still § 302, Oct. 28, 1992, 106 achieving the goals stated in subsection (b) Stat. 4174. without jeopardizing the domestic, national se- In subsection (b), the word ‘‘affect’’ is substituted for curity, and foreign policy interests of the United ‘‘effect’’ to correct an error in the law. States, preference should be given to the devel- opment of such a system by the private sector § 60133. Technology demonstration program without competition from the United States (a) ESTABLISHMENT.—As a fundamental compo- Government. nent of a national land remote sensing strategy, (b) GOALS.—The goals referred to in subsection the President shall establish, through appro- (a) are— (1) to encourage the development, launch, priate United States Government agencies, a and operation of a land remote sensing system technology demonstration program. The goals of that adequately serves the civilian, national the program shall be to— security, commercial, and foreign policy inter- (1) seek to launch advanced land remote ests of the United States; sensing system components within 5 years (2) to encourage the development, launch, after October 28, 1992; and operation of a land remote sensing system (2) demonstrate within such 5-year period that maintains data continuity with the Land- advanced sensor capabilities suitable for use sat system; and in the anticipated land remote sensing pro- (3) to incorporate system enhancements, in- gram; and cluding any such enhancements developed (3) demonstrate within such 5-year period an under the technology demonstration program advanced land remote sensing system design under section 60133 of this title, which may po- that could be less expensive to procure and op- tentially yield a system that is less expensive erate than the Landsat system projected to be to build and operate, and more responsive to in operation through the year 2000, and that data users, than is the Landsat system other- therefore holds greater potential for private wise projected to be in operation in the future. sector investment and control. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) (b) EXECUTION OF PROGRAM.—In executing the technology demonstration program, the Presi- HISTORICAL AND REVISION NOTES dent shall seek to apply technologies associated Revised with United States National Technical Means of Section Source (U.S. Code) Source (Statutes at Large) intelligence gathering, to the extent that such 60134(a) ...... 15 U.S.C. 5641(c). Pub. L. 102–555, title IV, technologies are appropriate for the technology § 401(b), (c), Oct. 28, 1992, demonstration and can be declassified for such 106 Stat. 4176. 60134(b) ...... 15 U.S.C. 5641(b). purposes without causing adverse harm to United States national security interests. In subsection (b), in the matter before paragraph (1), (c) BROAD APPLICATION.—To the greatest ex- the words ‘‘In carrying out subsection (a), the Landsat tent practicable, the technology demonstration Program Management shall consider the ability of each program established under subsection (a) shall of the options to’’ are omitted as obsolete. The omitted be designed to be responsive to the broad civil- words refer to section 401(a) of the Land Remote Sens- ian, national security, commercial, and foreign ing Policy Act of 1992 (15 U.S.C. 5641(a)), which re- quired, within 5 years after October 28, 1992, the Land- policy needs of the United States. sat Program Management, in consultation with rep- (d) PRIVATE SECTOR FUNDING.—The technology resentatives of appropriate United States Government demonstration program under this section may agencies, to assess and report to Congress on options be carried out in part with private sector fund- for a successor land remote sensing system to Landsat ing. 7. § 60141 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 104

In subsection (b)(3), the words ‘‘otherwise projected (4) consider the need for data which may be to be in operation in the future’’ are substituted for duplicative in terms of geographical coverage ‘‘projected to be in operation through the year 2000’’ to but which differ in terms of season, spectral eliminate obsolete language. bands, resolution, or other relevant factors; SUBCHAPTER V—GENERAL PROVISIONS (5) include, as the Secretary of the Interior considers appropriate, unenhanced data gen- § 60141. Nondiscriminatory data availability erated either by the Landsat system, pursuant (a) IN GENERAL.—Except as provided in sub- to subchapter II, or by licensees under sub- section (b), any unenhanced data generated by chapter III; the Landsat system or any other land remote (6) include, as the Secretary of the Interior sensing system funded and owned by the United considers appropriate, data collected by for- States Government shall be made available to eign ground stations or by foreign remote all users without preference, bias, or any other sensing space systems; and special arrangement (except on the basis of na- (7) ensure that the content of the archive is tional security concerns pursuant to section developed in accordance with section 60146 of 60146 of this title) regarding delivery, format, this title. pricing, or technical considerations which would favor one customer or class of customers over (d) PUBLIC DOMAIN.—After the expiration of another. any exclusive right to sell, or after relinquish- (b) EXCEPTIONS.—Unenhanced data generated ment of such right, the data provided to the Na- by the Landsat system or any other land remote tional Satellite Land Remote Sensing Data Ar- sensing system funded and owned by the United chive shall be in the public domain and shall be States Government may be made available to made available to requesting parties by the Sec- the United States Government and its affiliated retary of the Interior at the cost of fulfilling users at reduced prices, in accordance with this user requests. chapter, on the condition that such unenhanced data are used solely for noncommercial pur- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) poses. HISTORICAL AND REVISION NOTES (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) Revised Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES Section

Revised 60142 ...... 15 U.S.C. 5652. Pub. L. 102–555, title V, § 502, Section Source (U.S. Code) Source (Statutes at Large) Oct. 28, 1992, 106 Stat. 4176.

60141 ...... 15 U.S.C. 5651. Pub. L. 102–555, title V, § 501, In subsection (b), the words ‘‘hereafter in this sec- Oct. 28, 1992, 106 Stat. 4176. tion’’ are substituted for ‘‘hereinafter’’ for clarity. In subsection (c), in the matter before paragraph (1), § 60142. Archiving of data the words ‘‘of the Interior’’ are substituted for ‘‘of Inte- (a) PUBLIC INTEREST.—It is in the public inter- rior’’ to correct an error in the law. est for the United States Government to— In subsection (c)(1), the date ‘‘October 28, 1992’’ is sub- (1) maintain an archive of land remote sens- stituted for ‘‘the date of enactment of this Act’’ to re- ing data for historical, scientific, and tech- flect the date of enactment of the Land Remote Sens- nical purposes, including long-term global en- ing Policy Act of 1992 (Public Law 102–555, 106 Stat. vironmental monitoring; 4163). (2) control the content and scope of the ar- chive; and § 60143. Nonreproduction (3) ensure the quality, integrity, and con- tinuity of the archive. Unenhanced data distributed by any licensee under subchapter III may be sold on the condi- (b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consultation with the Landsat tion that such data will not be reproduced or Program Management, shall provide for long- disseminated by the purchaser for commercial term storage, maintenance, and upgrading of a purposes. basic, global, land remote sensing data set (here- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) after in this section referred to as the ‘‘basic data set’’) and shall follow reasonable archival HISTORICAL AND REVISION NOTES practices to ensure proper storage and preserva- Revised tion of the basic data set and timely access for Section Source (U.S. Code) Source (Statutes at Large) parties requesting data. 60143 ...... 15 U.S.C. 5653. Pub. L. 102–555, title V, § 503, (c) DETERMINATION OF CONTENT OF BASIC DATA Oct. 28, 1992, 106 Stat. 4177. SET.—In determining the initial content of, or in upgrading, the basic data set, the Secretary of the Interior shall— § 60144. Reimbursement for assistance (1) use as a baseline the data archived on Oc- tober 28, 1992; The Administrator, the Secretary of Defense, (2) take into account future technical and and the heads of other United States Govern- scientific developments and needs, paying par- ment agencies may provide assistance to land ticular attention to the anticipated data re- remote sensing system operators under the pro- quirements of global environmental change re- visions of this chapter. Substantial assistance search; shall be reimbursed by the operator, except as (3) consult with and seek the advice of users otherwise provided by law. and producers of remote sensing data and data products; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) Page 105 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60147

HISTORICAL AND REVISION NOTES REFERENCES IN TEXT

Revised The Communications Act of 1934, referred to in sub- Section Source (U.S. Code) Source (Statutes at Large) secs. (a) and (b), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et 60144 ...... 15 U.S.C. 5654. Pub. L. 102–555, title V, § 504, seq.) of Title 47, Telecommunications. For complete Oct. 28, 1992, 106 Stat. 4177. classification of this Act to the Code, see section 609 of Title 47 and Tables. § 60145. Acquisition of equipment § 60147. Consultation The Landsat Program Management may, by means of a competitive process, allow a licensee (a) CONSULTATION WITH SECRETARY OF DE- under subchapter III or any other private party FENSE.—The Secretary and the Landsat Program to buy, lease, or otherwise acquire the use of Management shall consult with the Secretary of equipment from the Landsat system, when such Defense on all matters under this chapter affect- equipment is no longer needed for the operation ing national security. The Secretary of Defense of such system or for the sale of data from such shall be responsible for determining those condi- system. Officials of other United States Govern- tions, consistent with this chapter, necessary to ment civilian agencies are authorized and en- meet national security concerns of the United couraged to cooperate with the Secretary in car- States and for notifying the Secretary and the rying out this section. Landsat Program Management promptly of such (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) conditions. (b) CONSULTATION WITH SECRETARY OF STATE.— HISTORICAL AND REVISION NOTES (1) IN GENERAL.—The Secretary and the Landsat Program Management shall consult Revised with the Secretary of State on all matters Section Source (U.S. Code) Source (Statutes at Large) under this chapter affecting international ob- 60145 ...... 15 U.S.C. 5655. Pub. L. 102–555, title V, § 505, ligations. The Secretary of State shall be re- Oct. 28, 1992, 106 Stat. 4177. sponsible for determining those conditions, consistent with this chapter, necessary to § 60146. Radio frequency allocation meet international obligations and policies of (a) APPLICATION TO FEDERAL COMMUNICATIONS the United States and for notifying promptly COMMISSION.—To the extent required by the the Secretary and the Landsat Program Man- Communications Act of 1934 (47 U.S.C. 151 et agement of such conditions. seq.), an application shall be filed with the Fed- (2) INTERNATIONAL AID.—Appropriate United eral Communications Commission for any radio States Government agencies are authorized facilities involved with commercial remote sens- and encouraged to provide remote sensing ing space systems licensed under subchapter III. data, technology, and training to developing (b) DEADLINE FOR FCC ACTION.—It is the intent nations as a component of programs of inter- of Congress that the Federal Communications national aid. Commission complete the radio licensing proc- (3) REPORTING DISCRIMINATORY DISTRIBU- ess under the Communications Act of 1934 (47 TION.—The Secretary of State shall promptly U.S.C. 151 et seq.), upon the application of any report to the Secretary and Landsat Program private sector party or consortium operator of Management any instances outside the United any commercial land remote sensing space sys- States of discriminatory distribution of Land- tem subject to this chapter, within 120 days of sat data. the receipt of an application for such licensing. (c) STATUS REPORT.—The Landsat Program If final action has not occurred within 120 days Management shall, as often as necessary, pro- of the receipt of such an application, the Federal vide to Congress complete and updated informa- Communications Commission shall inform the tion about the status of ongoing operations of applicant of any pending issues and of actions the Landsat system, including timely notifica- required to resolve them. tion of decisions made with respect to the Land- (c) DEVELOPMENT AND CONSTRUCTION OF UNITED sat system in order to meet national security STATES SYSTEMS.—Authority shall not be re- concerns and international obligations and poli- quired from the Federal Communications Com- cies of the United States Government. mission for the development and construction of (d) REIMBURSEMENTS.—If, as a result of tech- any United States land remote sensing space nical modifications imposed on a licensee under system (or component thereof), other than radio subchapter III on the basis of national security transmitting facilities or components, while any concerns, the Secretary, in consultation with licensing determination is being made. the Secretary of Defense or with other Federal (d) CONSISTENCY WITH INTERNATIONAL OBLIGA- agencies, determines that additional costs will TIONS AND PUBLIC INTEREST.—Frequency alloca- be incurred by the licensee, or that past develop- tions made pursuant to this section by the Fed- ment costs (including the cost of capital) will eral Communications Commission shall be con- not be recovered by the licensee, the Secretary sistent with international obligations and with may require the agency or agencies requesting the public interest. such technical modifications to reimburse the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) licensee for such additional or development costs, but not for anticipated profits. Reim- HISTORICAL AND REVISION NOTES bursements may cover costs associated with re- Revised quired changes in system performance, but not Source (U.S. Code) Source (Statutes at Large) Section costs ordinarily associated with doing business 60146 ...... 15 U.S.C. 5656. Pub. L. 102–555, title V, § 506, abroad. Oct. 28, 1992, 106 Stat. 4177. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.) § 60148 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 106

HISTORICAL AND REVISION NOTES SUBCHAPTER VI—PROHIBITION OF COM- MERCIALIZATION OF WEATHER SAT- Revised Section Source (U.S. Code) Source (Statutes at Large) ELLITES 60147 ...... 15 U.S.C. 5657. Pub. L. 102–555, title V, § 507, § 60161. Prohibition Oct. 28, 1992, 106 Stat. 4178. Neither the President nor any other official of the Government shall make any effort to lease, § 60148. Enforcement sell, or transfer to the private sector, or com- mercialize, any portion of the weather satellite (a) IN GENERAL.—In order to ensure that un- systems operated by the Department of Com- enhanced data from the Landsat system re- merce or any successor agency. ceived solely for noncommercial purposes are not used for any commercial purpose, the Sec- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) retary (in collaboration with private sector enti- ties responsible for the marketing and distribu- HISTORICAL AND REVISION NOTES tion of unenhanced data generated by the Land- Revised Source (U.S. Code) Source (Statutes at Large) sat system) shall develop and implement a sys- Section tem for enforcing this prohibition, in the event 60161 ...... 15 U.S.C. 5671. Pub. L. 102–555, title VI, that unenhanced data from the Landsat system § 601, Oct. 28, 1992, 106 are made available for noncommercial purposes Stat. 4179. at a different price than such data are made available for other purposes. § 60162. Future considerations (b) AUTHORITY OF SECRETARY.—Subject to sub- Regardless of any change in circumstances section (d), the Secretary may impose any of the subsequent to October 28, 1992, even if such enforcement mechanisms described in sub- change makes it appear to be in the national in- section (c) against a person that— terest to commercialize weather satellites, nei- (1) receives unenhanced data from the Land- ther the President nor any official shall take sat system under this chapter solely for non- any action prohibited by section 60161 of this commercial purposes (and at a different price title unless this subchapter has first been re- than the price at which such data are made pealed. available for other purposes); and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) (2) uses such data for other than non- commercial purposes. HISTORICAL AND REVISION NOTES

NFORCEMENT ECHANISMS (c) E M .—Enforcement Revised Source (U.S. Code) Source (Statutes at Large) mechanisms referred to in subsection (b) may Section include civil penalties of not more than $10,000 60162 ...... 15 U.S.C. 5672. Pub. L. 102–555, title VI, (per day per violation), denial of further un- § 602, Oct. 28, 1992, 106 Stat. 4180. enhanced data purchasing privileges, and any other penalties or restrictions the Secretary The date ‘‘October 28, 1992’’ is substituted for ‘‘the en- considers necessary to ensure, to the greatest actment of this Act’’ to reflect the date of enactment extent practicable, that unenhanced data pro- of the Land Remote Sensing Policy Act of 1992 (Public vided for noncommercial purposes are not used Law 102–555, 106 Stat. 4163). to unfairly compete in the commercial market against private sector entities not eligible for CHAPTER 603—REMOTE SENSING data at the cost of fulfilling user requests. Sec. (d) PROCEDURES AND REGULATIONS.—The Sec- 60301. Definitions. retary shall issue any regulations necessary to 60302. General responsibilities. carry out this section and shall establish stand- 60303. Pilot projects to encourage public sector ap- ards and procedures governing the imposition of plications. 60304. Program evaluation. enforcement mechanisms under subsection (b). 60305. Data availability. The standards and procedures shall include a 60306. Education. procedure for potentially aggrieved parties to file formal protests with the Secretary alleging § 60301. Definitions instances where such unenhanced data have In this chapter: been, or are being, used for commercial purposes (1) GEOSPATIAL INFORMATION.—The term in violation of the terms of receipt of such data. ‘‘geospatial information’’ means knowledge of The Secretary shall promptly act to investigate the nature and distribution of physical and any such protest, and shall report annually to cultural features on the landscape based on Congress on instances of such violations. analysis of data from airborne or spaceborne (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.) platforms or other types and sources of data. (2) HIGH RESOLUTION.—The term ‘‘high reso- HISTORICAL AND REVISION NOTES lution’’ means resolution better than five me- ters. Revised Source (U.S. Code) Source (Statutes at Large) Section (3) INSTITUTION OF HIGHER EDUCATION.—The 60148 ...... 15 U.S.C. 5658. Pub. L. 102–555, title V, § 508, term ‘‘institution of higher education’’ has the Oct. 28, 1992, 106 Stat. 4179. meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. In subsection (d), in the second sentence, the words 1001(a)). ‘‘have been, or are being’’ are substituted for ‘‘has been, or is being’’ to correct an error in the law. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.) Page 107 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60304

HISTORICAL AND REVISION NOTES (2) State, local, regional, and tribal agencies in applying remote sensing and other geo- Revised Section Source (U.S. Code) Source (Statutes at Large) spatial information technologies for growth management. 60301 ...... 42 U.S.C. 16671. Pub. L. 109–155, title III, § 311, Dec. 30, 2005, 119 (d) DURATION.—Assistance for a pilot project Stat. 2920. under subsection (a) shall be provided for a pe- riod not to exceed 3 years. § 60302. General responsibilities (e) REPORT.—Each recipient of a grant under The Administrator shall— subsection (a) shall transmit a report to the Ad- (1) develop a sustained relationship with the ministrator on the results of the pilot project United States commercial remote sensing in- within 180 days of the completion of that dustry and, consistent with applicable policies project. and law, to the maximum practicable, rely on (f) WORKSHOP.—Each recipient of a grant their services; and under subsection (a) shall, not later than 180 (2) in conjunction with United States indus- days after the completion of the pilot project, try and universities, research, develop, and conduct at least one workshop for potential demonstrate prototype Earth science applica- users to disseminate the lessons learned from tions to enhance Federal, State, local, and the pilot project as widely as feasible. tribal governments’ use of government and (g) REGULATIONS.—The Administrator shall commercial remote sensing data, tech- issue regulations establishing application, selec- nologies, and other sources of geospatial infor- tion, and implementation procedures for pilot mation for improved decision support to ad- projects, and guidelines for reports and work- shops required by this section. dress their needs. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Revised Section Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large) 60303 ...... 42 U.S.C. 16673. Pub. L. 109–155, title III, 60302 ...... 42 U.S.C. 16672. Pub. L. 109–155, title III, § 313, Dec. 30, 2005, 119 § 312, Dec. 30, 2005, 119 Stat. 2921. Stat. 2920. § 60304. Program evaluation § 60303. Pilot projects to encourage public sector applications (a) ADVISORY COMMITTEE.—The Administrator shall establish an advisory committee, consist- (a) IN GENERAL.—The Administrator shall es- ing of individuals with appropriate expertise in tablish a program of grants for competitively State, local, regional, and tribal agencies, the awarded pilot projects to explore the integrated university research community, and the remote use of sources of remote sensing and other geo- sensing and other geospatial information indus- spatial information to address State, local, re- tries, to monitor the program established under gional, and tribal agency needs. section 60303 of this title. The advisory commit- (b) PREFERRED PROJECTS.—In awarding grants tee shall consult with the Federal Geographic under this section, the Administrator shall give Data Committee and other appropriate industry preference to projects that— representatives and organizations. Notwith- (1) make use of commercial data sets, in- standing section 14 of the Federal Advisory cluding high resolution commercial satellite Committee Act (5 App. U.S.C.), the advisory imagery and derived satellite data products, committee established under this subsection existing public data sets where commercial shall remain in effect until the termination of data sets are not available or applicable, or the program under section 60303 of this title. the fusion of such data sets; (b) EFFECTIVENESS EVALUATION.—Not later (2) integrate multiple sources of geospatial than December 31, 2009, the Administrator shall information, such as geographic information transmit to Congress an evaluation of the effec- system data, satellite-provided positioning tiveness of the program established under sec- data, and remotely sensed data, in innovative tion 60303 of this title in exploring and promot- ways; ing the integrated use of sources of remote sens- (3) include funds or in-kind contributions ing and other geospatial information to address from non-Federal sources; State, local, regional, and tribal agency needs. (4) involve the participation of commercial Such evaluation shall have been conducted by entities that process raw or lightly processed an independent entity. data, often merging that data with other geo- spatial information, to create data products (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.) that have significant value added to the origi- HISTORICAL AND REVISION NOTES nal data; and (5) taken together demonstrate as diverse a Revised Source (U.S. Code) Source (Statutes at Large) set of public sector applications as possible. Section PPORTUNITIES 60304 ...... 42 U.S.C. 16674. Pub. L. 109–155, title III, (c) O .—In carrying out this sec- § 314, Dec. 30, 2005, 119 tion, the Administrator shall seek opportunities Stat. 2921. to assist— (1) in the development of commercial appli- REFERENCES IN TEXT cations potentially available from the remote Section 14 of the Federal Advisory Committee Act, sensing industry; and referred to in subsec. (a), is section 14 of Pub. L. 92–463, § 60305 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 108 which is set out in the Appendix to Title 5, Government HISTORICAL AND REVISION NOTES Organization and Employees. Revised Section Source (U.S. Code) Source (Statutes at Large)

§ 60305. Data availability 60501 ...... 42 U.S.C. 17711. Pub. L. 110–422, title II, § 201, Oct. 15, 2008, 122 Stat. 4784. The Administrator shall ensure that the re- sults of each of the pilot projects completed CARBON CYCLE REMOTE SENSING APPLICATIONS under section 60303 of this title shall be retriev- RESEARCH able through an electronic, internet-accessible Pub. L. 106–391, title III, § 315, Oct. 30, 2000, 114 Stat. database. 1595, provided that: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.) ‘‘(a) CARBON CYCLE REMOTE SENSING APPLICATIONS RESEARCH PROGRAM.— HISTORICAL AND REVISION NOTES ‘‘(1) IN GENERAL.—The Administrator [of the Na- tional Aeronautics and Space Administration] shall develop a carbon cycle remote sensing applications Revised Source (U.S. Code) Source (Statutes at Large) Section research program— ‘‘(A) to provide a comprehensive view of vegeta- 60305 ...... 42 U.S.C. 16675. Pub. L. 109–155, title III, § 315, Dec. 30, 2005, 119 tion conditions; Stat. 2922. ‘‘(B) to assess and model agricultural carbon se- questration; and ‘‘(C) to encourage the development of commercial § 60306. Education products, as appropriate. ‘‘(2) USE OF CENTERS.—The Administrator of the Na- The Administrator shall establish an edu- tional Aeronautics and Space Administration shall cational outreach program to increase aware- use regional earth science application centers to con- ness at institutions of higher education and duct applications research under this section. State, local, regional, and tribal agencies of the ‘‘(3) RESEARCHED AREAS.—The areas that shall be the subjects of research conducted under this section potential applications of remote sensing and include— other geospatial information and awareness of ‘‘(A) the mapping of carbon-sequestering land use the need for geospatial workforce development. and land cover; ‘‘(B) the monitoring of changes in land cover and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.) management; ‘‘(C) new approaches for the remote sensing of soil HISTORICAL AND REVISION NOTES carbon; and ‘‘(D) region-scale carbon sequestration esti- Revised Source (U.S. Code) Source (Statutes at Large) Section mation. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- 60306 ...... 42 U.S.C. 16676. Pub. L. 109–155, title III, § 316, Dec. 30, 2005, 119 thorized to be appropriated to carry out this section Stat. 2922. $5,000,000 of funds authorized by section 102 [114 Stat. 1581] for fiscal years 2001 through 2002.’’

EARTH OBSERVING SYSTEM CHAPTER 605—EARTH SCIENCE Pub. L. 102–588, title I, § 102(g), Nov. 4, 1992, 106 Stat. Sec. 5111, provided that: 60501. Goal. ‘‘(1) The Administrator [of the National Aeronautics 60502. Transitioning experimental research into and Space Administration] shall carry out an Earth Ob- operational services. serving System program that addresses the highest pri- 60503. Reauthorization of Glory Mission. ority international climate change research goals as 60504. Tornadoes and other severe storms. defined by the Committee on Earth and Environmental 60505. Coordination with the National Oceanic and Sciences and the Intergovernmental Panel on Climate Atmospheric Administration. Change. 60506. Sharing of climate related data. ‘‘(2)(A) Within 180 days after the date of enactment of this Act [Nov. 4, 1992], the Administrator shall submit to Congress a plan which will ensure that the highest § 60501. Goal priority measurements are maintained on schedule to the greatest extent practicable while lower priority The goal for the Administration’s Earth measurements are deferred, deleted, or obtained Science program shall be to pursue a program of through other means. Earth observations, research, and applications ‘‘(B) Within 90 days after the date of enactment of activities to better understand the Earth, how it this Act, the Core System of the Earth Observing Sys- supports life, and how human activities affect tem Data and Information System, the Administrator shall submit to Congress a Development Plan which— its ability to do so in the future. In pursuit of ‘‘(i) identifies the highest risk elements of the de- this goal, the Administration’s Earth Science velopment effort and the key advanced technologies program shall ensure that securing practical required to significantly increase scientific produc- benefits for society will be an important meas- tivity; ure of its success in addition to securing new ‘‘(ii) provides a plan for the development of one or knowledge about the Earth system and climate more prototype systems for use in reducing the devel- change. In further pursuit of this goal, the Ad- opment risk of critical system elements and obtain- ing feedback for scientific users; ministration shall, together with the National ‘‘(iii) provides a plan for research into key ad- Oceanic and Atmospheric Administration and vanced technologies; other relevant agencies, provide United States ‘‘(iv) identifies sufficient resources for carrying out leadership in developing and carrying out a co- the Development Plan; and operative international Earth observations- ‘‘(v) identifies how the Earth Observing System based research program. Data Information System will connect to and utilize other federally-supported research networks, includ- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) ing the National Research and Education Network.’’ Page 109 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60505

§ 60502. Transitioning experimental research into tivities with the National Oceanic and Atmos- operational services pheric Administration that should be under- taken in the area of tornado and severe storm (a) INTERAGENCY PROCESS.—The Director of research. the Office of Science and Technology Policy, in consultation with the Administrator, the Ad- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) ministrator of the National Oceanic and Atmos- pheric Administration, and other relevant HISTORICAL AND REVISION NOTES stakeholders, shall develop a process to transi- Revised Source (U.S. Code) Source (Statutes at Large) tion, when appropriate, Administration Earth Section science and space weather missions or sensors 60504 ...... 42 U.S.C. 17714. Pub. L. 110–422, title II, § 208, into operational status. The process shall in- Oct. 15, 2008, 122 Stat. 4786. clude coordination of annual agency budget re- quests as required to execute the transitions. § 60505. Coordination with the National Oceanic (b) RESPONSIBLE AGENCY OFFICIAL.—The Ad- and Atmospheric Administration ministrator and the Administrator of the Na- tional Oceanic and Atmospheric Administration (a) JOINT WORKING GROUP.—The Administrator shall each designate an agency official who shall and the Administrator of the National Oceanic have the responsibility for and authority to lead and Atmospheric Administration shall appoint a the Administration’s and the National Oceanic Joint Working Group, which shall review and and Atmospheric Administration’s transition monitor missions of the two agencies to ensure activities and interagency coordination. maximum coordination in the design, operation, (c) PLAN.—For each mission or sensor that is and transition of missions where appropriate. determined to be appropriate for transition The Joint Working Group shall also prepare the under subsection (a), the Administration and plans required by subsection (c). the National Oceanic and Atmospheric Adminis- (b) COORDINATION REPORT.—Not later than tration shall transmit to Congress a joint plan February 15 of each year, the Administrator and for conducting the transition. The plan shall in- the Administrator of the National Oceanic and clude the strategy, milestones, and budget re- Atmospheric Administration shall jointly trans- quired to execute the transition. The transition mit a report to the Committee on Science and plan shall be transmitted to Congress no later Technology of the House of Representatives and than 60 days after the successful completion of the Committee on Commerce, Science, and the mission or sensor critical design review. Transportation of the Senate on how the Earth science programs of the Administration and the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) National Oceanic and Atmospheric Administra- HISTORICAL AND REVISION NOTES tion will be coordinated during the fiscal year following the fiscal year in which the report is Revised transmitted. Section Source (U.S. Code) Source (Statutes at Large) (c) COORDINATION OF TRANSITION PLANNING AND 60502(a) ...... 42 U.S.C. 17712(b). Pub. L. 110–422, title II, REPORTING.—The Administrator, in conjunction § 204(b), (c), (d), Oct. 15, 2008, 122 Stat. 4785. with the Administrator of the National Oceanic 60502(b) ...... 42 U.S.C. 17712(c). and Atmospheric Administration and in con- 60502(c) ...... 42 U.S.C. 17712(d). sultation with other relevant agencies, shall evaluate relevant Administration science mis- § 60503. Reauthorization of Glory Mission sions for their potential operational capabilities Congress reauthorizes the Administration to and shall prepare transition plans for the exist- continue with development of the Glory Mis- ing and future Earth observing systems found to sion, which will examine how aerosols and solar have potential operational capabilities. energy affect the Earth’s climate. (d) LIMITATION.—The Administrator shall not transfer any Administration Earth science mis- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) sion or Earth observing system to the National HISTORICAL AND REVISION NOTES Oceanic and Atmospheric Administration until the plan required under subsection (c) has been Revised Section Source (U.S. Code) Source (Statutes at Large) approved by the Administrator and the Adminis- trator of the National Oceanic and Atmospheric 60503 ...... 42 U.S.C. 17713(a). Pub. L. 110–422, title II, § 206(a), Oct. 15, 2008, 122 Administration and until financial resources Stat. 4785. have been identified to support the transition or transfer in the President’s budget request for § 60504. Tornadoes and other severe storms the National Oceanic and Atmospheric Adminis- tration. The Administrator shall ensure that the Ad- ministration gives high priority to those parts (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3426.) of its existing cooperative activities with the HISTORICAL AND REVISION NOTES National Oceanic and Atmospheric Administra- tion that are related to the study of tornadoes Revised Source (U.S. Code) Source (Statutes at Large) and other severe storms, tornado-force winds, Section and other factors determined to influence the 60505 ...... 42 U.S.C. 16656. Pub. L. 109–155, title III, development of tornadoes and other severe § 306, Dec. 30, 2005, 119 Stat. 2919. storms, with the goal of improving the Nation’s ability to predict tornados and other severe In subsection (b), the words ‘‘beginning with the first storms. Further, the Administrator shall exam- fiscal year after the date of enactment of this Act [De- ine whether there are additional cooperative ac- cember 30, 2005]’’ are omitted as obsolete. § 60506 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 110

In subsection (b), the words ‘‘Committee on Science (i) for purposes that require a human and Technology’’ are substituted for ‘‘Committee on presence; Science’’ on authority of Rule X(1)(o) of the Rules of (ii) for purposes that require the unique the House of Representatives, adopted by House Reso- capabilities of the space shuttle; or lution No. 6 (110th Congress, January 5, 2007). (iii) when other compelling circum- CHANGE OF NAME stances exist. Committee on Science and Technology of House of (B) DEFINITION OF COMPELLING CIRCUM- Representatives changed to Committee on Science, STANCES.—In this paragraph, the term ‘‘com- Space, and Technology of House of Representatives by pelling circumstances’’ includes, but is not House Resolution No. 5, One Hundred Twelfth Congress, limited to, occasions when the Adminis- Jan. 5, 2011. trator determines, in consultation with the § 60506. Sharing of climate related data Secretary of Defense and the Secretary of State, that important national security or The Administrator shall work to ensure that foreign policy interests would be served by a the Administration’s policies on the sharing of shuttle launch. climate related data respond to the recom- mendations of the Government Accountability (2) USING AVAILABLE CARGO SPACE FOR SEC- Office’s report on climate change research and ONDARY PAYLOADS.—The policy stated in para- data-sharing policies and to the recommenda- graph (1) shall not preclude the use of avail- tions on the processing, distribution, and ar- able cargo space, on a space shuttle mission chiving of data by the National Academies otherwise consistent with the policy described Earth Science Decadal Survey, ‘‘Earth Science in paragraph (1), for the purpose of carrying and Applications from Space’’, and other rel- secondary payloads (as defined by the Admin- evant National Academies reports, to enhance istrator) that do not require a human presence and facilitate their availability and widest pos- if such payloads are consistent with the re- sible use to ensure public access to accurate and quirements of research, development, dem- current data on global warming. onstration, scientific, commercial, and edu- cational programs authorized by the Adminis- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3426.) trator. HISTORICAL AND REVISION NOTES (b) ANNUAL REPORT.—At least annually, the Administrator shall submit to Congress a report Revised Section Source (U.S. Code) Source (Statutes at Large) certifying that the payloads scheduled to be launched on the space shuttle for the next 4 60506 ...... 42 U.S.C. 17825(c). Pub. L. 110–422, title XI, § 1109(c), Oct. 15, 2008, 122 years are consistent with the policy set forth in Stat. 4811. subsection (a)(1). For each payload scheduled to be launched from the space shuttle that does not Subtitle VII—Access to Space require a human presence, the Administrator shall, in the certified report to Congress, state CHAPTER 701—USE OF SPACE SHUTTLE OR the specific circumstances that justified the use ALTERNATIVES of the space shuttle. If, during the period be- tween scheduled reports to Congress, any addi- Sec. 70101. Recovery of fair value of placing Department tions are made to the list of certified payloads of Defense payloads in orbit with space intended to be launched from the shuttle, the shuttle. Administrator shall inform Congress of the addi- 70102. Space shuttle use policy. tions and the reasons therefor within 45 days of 70103. Commercial payloads on space shuttle. the change. (c) ADMINISTRATION PAYLOADS.—The report de- § 70101. Recovery of fair value of placing Depart- scribed in subsection (b) shall also include those ment of Defense payloads in orbit with space Administration payloads designed solely to fly shuttle on the space shuttle which have begun the phase Notwithstanding any other provision of law, C/D of its development cycle. or any interagency agreement, the Adminis- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427.) trator shall charge such prices as are necessary to recover the fair value of placing Department HISTORICAL AND REVISION NOTES of Defense payloads into orbit by means of the Revised space shuttle. Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427.) 70102(a) ...... 42 U.S.C. 2465a(a). Pub. L. 101–611, title I, § 112(a), (c), (d), Nov. 16, HISTORICAL AND REVISION NOTES 1990, 104 Stat. 3198, 3199. 70102(b) ...... 42 U.S.C. 2465a(c). 70102(c) ...... 42 U.S.C. 2465a(d). Revised Section Source (U.S. Code) Source (Statutes at Large) § 70103. Commercial payloads on space shuttle 70101 ...... 42 U.S.C. 2464. Pub. L. 97–324, title I, § 106(a), Oct. 15, 1982, 96 Stat. 1600. (a) DEFINITIONS.—In this section: (1) LAUNCH VEHICLE.—The term ‘‘launch ve- § 70102. Space shuttle use policy hicle’’ means any vehicle constructed for the purpose of operating in, or placing a payload (a) USE POLICY.— in, outer space. (1) IN GENERAL.— (2) PAYLOAD.—The term ‘‘payload’’ means an (A) POLICY.—It shall be the policy of the object which a person undertakes to place in United States to use the space shuttle— outer space by means of a launch vehicle, and Page 111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70304

includes subcomponents of the launch vehicle (7) national goals and the objectives for the specifically designed or adapted for that ob- Space Transportation System can be furthered ject. by a stable and fair pricing policy for the (b) IN GENERAL.—Commercial payloads may Space Transportation System. not be accepted for launch as primary payloads (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3428.) on the space shuttle unless the Administrator determines that— HISTORICAL AND REVISION NOTES (1) the payload requires the unique capabili- Revised ties of the space shuttle; or Section Source (U.S. Code) Source (Statutes at Large) (2) launching of the payload on the space 70301 ...... 42 U.S.C. 2466. Pub. L. 99–170, title II, § 201, shuttle is important for either national secu- Dec. 5, 1985, 99 Stat. 1017. rity or foreign policy purposes. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3428.) § 70302. Purpose, policy, and goals

HISTORICAL AND REVISION NOTES The purpose of this chapter is to set, for com- mercial and foreign users, the reimbursement Revised pricing policy for the Space Transportation Sys- Section Source (U.S. Code) Source (Statutes at Large) tem that is consistent with the findings in- 70103(a) ...... 42 U.S.C. 2465c. Pub. L. 101–611, title II, § 203, cluded in section 70301 of this title, encourages Nov. 16, 1990, 104 Stat. 3206; Pub. L. 105–303, title the full and effective use of space, and is de- II, § 203(2), Oct. 28, 1998, 112 signed to achieve the following goals: Stat. 2855. 70103(b) ...... 42 U.S.C. 2465f. Pub. L. 101–611, title II, § 206, (1) The preservation of the role of the United Nov. 16, 1990, 104 Stat. States as a leader in space research, tech- 3207; Pub. L. 105–303, title II, § 203(4), Oct. 28, 1998, 112 nology, and development. Stat. 2855. (2) The efficient and cost effective use of the Space Transportation System. In subsection (a), the words ‘‘this section’’ are sub- (3) The achievement of greatly increased stituted for ‘‘this title’’, meaning title II of Public Law 101–611, because title II of Public Law 101–611 was pre- commercial space activity. viously repealed except for section 201 (a short title (4) The enhancement of the international provision, classified to 42 U.S.C. 2451 note, in which nei- competitive position of the United States. ther defined term appears) and sections 203 (42 U.S.C. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429.) 2465c) and 206 (42 U.S.C. 2465f) of Public Law 101–611, which are restated in this section. HISTORICAL AND REVISION NOTES CHAPTER 703—SHUTTLE PRICING POLICY Revised Source (U.S. Code) Source (Statutes at Large) FOR COMMERCIAL AND FOREIGN USERS Section

Sec. 70302 ...... 42 U.S.C. 2466a. Pub. L. 99–170, title II, § 202, 70301. Congressional findings and declarations. Dec. 5, 1985, 99 Stat. 1017. 70302. Purpose, policy, and goals. 70303. Definition of additive cost. § 70303. Definition of additive cost 70304. Duties of Administrator. In this chapter, the term ‘‘additive cost’’ § 70301. Congressional findings and declarations means the average direct and indirect costs to Congress finds and declares that— the Administration of providing additional (1) the Space Transportation System is a flights of the Space Transportation System be- vital element of the United States space pro- yond the costs associated with those flights nec- gram, contributing to the United States lead- essary to meet the space transportation needs of ership in space research, technology, and de- the United States Government. velopment; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429.) (2) the Space Transportation System is the primary space launch system for both United HISTORICAL AND REVISION NOTES States national security and civil government Revised missions; Section Source (U.S. Code) Source (Statutes at Large) (3) the Space Transportation System con- 70303 ...... 42 U.S.C. 2466b. Pub. L. 99–170, title II, § 203, tributes to the expansion of United States pri- Dec. 5, 1985, 99 Stat. 1017. vate sector investment and involvement in space and therefore should serve commercial The definition of ‘‘Administrator’’ in section 203(1) of users; the National Aeronautics and Space Administration (4) the availability of the Space Transpor- Authorization Act of 1986 (Public Law 99–170, 99 Stat. tation System to foreign users for peaceful 1017) is omitted as unnecessary because of the defini- purposes is an important means of promoting tion added by section 10101 of title 51. international cooperative activities in the na- § 70304. Duties of Administrator tional interest and in maintaining access to space for activities which enhance the secu- (a) ESTABLISHMENT AND IMPLEMENTATION OF rity and welfare of humankind; REIMBURSEMENT RECOVERY SYSTEM.—The Ad- (5) the United States is committed to main- ministrator shall establish and implement a taining world leadership in space transpor- pricing system to recover reimbursement in ac- tation; cordance with the pricing policy under section (6) making the Space Transportation System 70302 of this title from each commercial or for- fully operational and cost effective in provid- eign user of the Space Transportation System, ing routine access to space will maximize the which, except as provided in subsections (c), (d), national economic benefits of the system; and and (e), shall include a base price of not less § 70501 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 112 than $74,000,000 for each flight of the Space SECONDARY PAYLOAD CAPABILITY Transportation System in 1982 dollars. Pub. L. 109–155, title VI, § 602, Dec. 30, 2005, 119 Stat. (b) REPORTS TO CONGRESS.—Each year the Ad- 2931, provided that: ministrator shall submit to the President of the ‘‘(a) IN GENERAL.—In order to provide more routine Senate, the Speaker of the House of Representa- and affordable access to space for a broad range of sci- tives, the Committee on Commerce, Science, entific payloads, the Administrator is encouraged to provide the capabilities to support secondary payload and Transportation of the Senate, and the Com- flight opportunities on United States launch vehicles, mittee on Science and Technology of the House or free flyers, for satellites or scientific payloads of Representatives a report, transmitted con- weighing less than 500 kilograms. temporaneously with the annual budget request ‘‘(b) FEASIBILITY STUDY.—The Administrator shall of the President, which shall inform Congress initiate a feasibility study for designating a National how the policy goals contained in section 70302 Free Flyer Launch Coordination Center as a means of of this title are being furthered by the shuttle coordinating, consolidating, and integrating secondary price for foreign and commercial users. launch capabilities, launch opportunities, and pay- loads. (c) REDUCTION OF BASE PRICE.— ‘‘(c) ASSESSMENT.—The feasibility study required by (1) AUTHORITY TO REDUCE.—If at any time the subsection (b) shall include an assessment of the fea- Administrator finds that the policy goals con- sibility of integrating a National Free Flyer Launch tained in section 70302 of this title are not Coordination Center within the operations and facili- being achieved, the Administrator shall have ties of an existing nonprofit organization such as the authority to reduce the base price established Inland Northwest Space Alliance in Missoula, Montana, in subsection (a) after 45 days following re- or a similar entity, and shall include an assessment of the potential utilization of existing launch and launch ceipt by the President of the Senate, the support facilities and capabilities, including but not Speaker of the House of Representatives, the limited to those in the States of Montana and New Committee on Commerce, Science, and Trans- Mexico and their respective contiguous States, and the portation of the Senate, and the Committee on State of Alaska, for the integration and launch of sec- Science and Technology of the House of Rep- ondary payloads, including an assessment of the fea- resentatives of a notice by the Administrator sibility of establishing cooperative agreements among containing a description of the proposed re- such facilities, existing or future commercial launch duction together with a full and complete providers, payload developers, and the designated Co- ordination Center.’’ statement of the facts and circumstances which necessitate such proposed reduction. CHAPTER 705—EXPLORATION INITIATIVES (2) MINIMUM PRICE.—In no case shall the min- Sec. imum price established under paragraph (1) be 70501. Space shuttle follow-on. less than additive cost. 70502. Exploration plan and programs. 70503. Ground-based analog capabilities. (d) LOW OR NO-COST FLIGHTS.—The Adminis- 70504. Stepping stone approach to exploration. trator may set a price lower than the price de- 70505. Lunar outpost. termined under subsection (a) or (c), or provide 70506. Exploration technology research. no-cost flights, for any commercial or foreign 70507. Technology development. user of the Space Transportation System that is 70508. Robotic or human servicing of spacecraft. involved in research, development, or dem- § 70501. Space shuttle follow-on onstration programs with the Administration. (e) CUSTOMER INCENTIVES.—Notwithstanding (a) POLICY STATEMENT.—It is the policy of the the provisions of subsection (a), the Adminis- United States to possess the capability for trator shall have the authority to offer reason- human access to space on a continuous basis. able customer incentives consistent with the (b) ANNUAL REPORT.—The Administrator shall policy goals in section 70302 of this title. transmit an annual report to the Committee on Science and Technology of the House of Rep- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3429.) resentatives and the Committee on Commerce, HISTORICAL AND REVISION NOTES Science, and Transportation of the Senate de- scribing the progress being made toward devel- Revised Source (U.S. Code) Source (Statutes at Large) oping the Crew Exploration Vehicle and the Section Crew Launch Vehicle and the estimated time be- 70304 ...... 42 U.S.C. 2466c. Pub. L. 99–170, title II, § 204, fore they will demonstrate crewed, orbital Dec. 5, 1985, 99 Stat. 1017; Pub. L. 103–437, § 15(c)(5), spaceflight. Nov. 2, 1994, 108 Stat. 4592. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430.)

In subsections (b) and (c)(1), the words ‘‘Committee HISTORICAL AND REVISION NOTES on Science and Technology’’ are substituted for ‘‘Com- mittee on Science, Space, and Technology’’ on author- Revised Source (U.S. Code) Source (Statutes at Large) ity of section 1(a)(10) of Public Law 104–14 (2 U.S.C. note Section prec. 21), Rule X(1)(n) of the Rules of the House of Rep- 70501(a) ...... 42 U.S.C. 16761(a). Pub. L. 109–155, title V, resentatives, adopted by House Resolution No. 5 (106th § 501(a), (b), Dec. 30, 2005, Congress, January 6, 1999), and Rule X(1)(o) of the Rules 119 Stat. 2927. of the House of Representatives, adopted by House Res- 70501(b) ...... 42 U.S.C. 16761(b). olution No. 6 (110th Congress, January 5, 2007). In subsection (b), the words ‘‘The Administrator shall transmit an annual report’’ are substituted for ‘‘Not CHANGE OF NAME later than 180 days after the date of enactment of this Committee on Science and Technology of House of Act [December 30, 2005] and annually thereafter, the Representatives changed to Committee on Science, Administrator shall transmit a report’’ to eliminate Space, and Technology of House of Representatives by obsolete language. House Resolution No. 5, One Hundred Twelfth Congress, In subsection (b), the words ‘‘Committee on Science Jan. 5, 2011. and Technology’’ are substituted for ‘‘Committee on Page 113 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70502

Science’’ on authority of Rule X(1)(o) of the Rules of transmit this strategy to Congress not later than 90 the House of Representatives, adopted by House Reso- days after the date of enactment of this Act [Dec. 26, lution No. 6 (110th Congress, January 5, 2007). 2007]. The Administrator shall update and transmit to Congress this strategy not less than every six months CHANGE OF NAME thereafter until the successor human-rated space trans- Committee on Science and Technology of House of port vehicle is fully operational.’’ Representatives changed to Committee on Science, Pub. L. 109–155, title V, § 502, Dec. 30, 2005, 119 Stat. Space, and Technology of House of Representatives by 2928, provided that: House Resolution No. 5, One Hundred Twelfth Congress, ‘‘(a) IN GENERAL.—The Administrator [of the Na- Jan. 5, 2011. tional Aeronautics and Space Administration] shall, to the fullest extent possible consistent with a successful TRANSITION development program, use the personnel, capabilities, assets, and infrastructure of the Space Shuttle program Pub. L. 110–422, title VI, § 613, Oct. 15, 2008, 122 Stat. in developing the Crew Exploration Vehicle, Crew 4799, provided that: Launch Vehicle, and a heavy-lift launch vehicle. ‘‘(a) DISPOSITION OF SHUTTLE-RELATED ASSETS.— ‘‘(b) PLAN.—Not later than 180 days after the date of ‘‘(1) IN GENERAL.—Not later than 90 days after the enactment of this Act [Dec. 30, 2005], the Administrator date of enactment of this Act [Oct. 15, 2008], the Ad- shall transmit to the Committee on Science [now Com- ministrator [of NASA] shall submit to Congress a mittee on Science, Space, and Technology] of the plan describing the process for the disposition of the House of Representatives and the Committee on Com- remaining Space Shuttle Orbiters and other Space merce, Science, and Transportation of the Senate a Shuttle program-related hardware after the retire- plan describing how NASA [National Aeronautics and ment of the Space Shuttle fleet. Space Administration] will proceed with its human ‘‘(2) PLAN REQUIREMENTS.—The plan submitted space flight programs, which, at a minimum, shall de- under paragraph (1) shall include a description of a scribe— process by which educational institutions, science ‘‘(1) how NASA will deploy personnel from, and use museums, and other appropriate organizations may the facilities of, the Space Shuttle program to ensure acquire, through loan or disposal by the Federal Gov- that the Space Shuttle operates as safely as possible ernment, Space Shuttle program hardware. through its final flight and to ensure that personnel ‘‘(3) PROHIBITION ON DISPOSITION BEFORE COMPLETION and facilities from the Space Shuttle program are OF PLAN.—The Administrator shall not dispose of any used in NASA’s exploration programs in accordance Space Shuttle program hardware before the plan re- with subsection (a); quired by paragraph (1) is submitted to Congress. ‘‘(2) the planned number of flights the Space Shut- ‘‘(b) SPACE SHUTTLE TRANSITION LIAISON OFFICE.— tle will make before its retirement; ‘‘(1) ESTABLISHMENT.—The Administrator shall de- ‘‘(3) the means, other than the Space Shuttle and velop a plan and establish a Space Shuttle Transition the Crew Exploration Vehicle, including commercial Liaison Office within the Office of Human Capital vehicles, that may be used to ferry crew and cargo to Management of NASA [National Aeronautics and and from the ISS [International Space Station]; Space Administration] to assist local communities ‘‘(4) the intended purpose of lunar missions and the affected by the termination of the Space Shuttle pro- architecture for those missions; and gram in mitigating the negative impacts on such ‘‘(5) the extent to which the Crew Exploration Vehi- communities caused by such termination. The plan cle will allow for the escape of the crew in an emer- shall define the size of the affected local community gency. that would receive assistance described in paragraph ‘‘(c) PERSONNEL.—The Administrator shall consult (2). with other appropriate Federal agencies and with ‘‘(2) MANNER OF ASSISTANCE.—In providing assist- NASA contractors and employees to develop a transi- ance under paragraph (1), the office established under tion plan for any Federal and contractor personnel en- such paragraph shall— gaged in the Space Shuttle program who can no longer ‘‘(A) offer nonfinancial, technical assistance to be retained because of the retirement of the Space communities described in such paragraph to assist Shuttle. The plan shall include actions to assist Fed- in the mitigation described in such paragraph; and eral and contractor personnel in taking advantage of ‘‘(B) serve as a clearinghouse to assist such com- training, retraining, job placement and relocation pro- munities in identifying services available from grams, and any other actions that NASA will take to other Federal, State, and local agencies to assist in assist the employees. The plan shall also describe how such mitigation. the Administrator will ensure that NASA and its con- ‘‘(3) TERMINATION OF OFFICE.—The office established tractors will have an appropriate complement of em- under paragraph (1) shall terminate 2 years after the ployees to allow for the safest possible use of the Space completion of the last Space Shuttle flight. Shuttle through its final flight. The Administrator ‘‘(4) SUBMISSION.—Not later than 180 days after the shall transmit the plan to the Committee on Science date of enactment of this Act [Oct. 15, 2008], NASA [now Committee on Science, Space, and Technology] of shall provide a copy of the plan required by para- the House of Representatives and the Committee on graph (1) to the Congress.’’ Commerce, Science, and Transportation of the Senate Pub. L. 110–161, div. B, title III, Dec. 26, 2007, 121 Stat. not later than March 31, 2006.’’ 1919, provided that: ‘‘The Administrator of the National Aeronautics and Space Administration shall prepare a § 70502. Exploration plan and programs strategy for minimizing job losses when the National Aeronautics and Space Administration transitions The Administrator shall— from the Space Shuttle to a successor human-rated (1) construct an architecture and implemen- space transport vehicle. This strategy shall include: (1) tation plan for the Administration’s human specific initiatives that the National Aeronautics and exploration program that is not critically de- Space Administration has undertaken, or plans to un- pendent on the achievement of milestones by dertake, to maximize the utilization of existing civil fixed dates; service and contractor workforces at each of the af- (2) implement an exploration technology de- fected Centers; (2) efforts to equitably distribute tasks velopment program to enable lunar human and workload between the Centers to mitigate the brunt of job losses being borne by only certain Centers; and robotic operations consistent with section (3) new workload, tasks, initiatives, and missions being 20302(b) of this title, including surface power secured for the affected Centers; and (4) overall projec- to use on the Moon and other locations; tions of future civil service and contractor workforce (3) conduct an in-situ resource utilization levels at the affected Centers. The Administrator shall technology program to develop the capability § 70503 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 114

to use space resources to increase independ- HISTORICAL AND REVISION NOTES ence from Earth, and sustain exploration be- Revised yond low-Earth orbit; and Section Source (U.S. Code) Source (Statutes at Large) (4) pursue aggressively automated ren- 70504 ...... 42 U.S.C. 17731. Pub. L. 110–422, title IV, dezvous and docking capabilities that can sup- § 403, Oct. 15, 2008, 122 port the International Space Station and Stat. 4789. other mission requirements. § 70505. Lunar outpost (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430.) (a) ESTABLISHMENT.—As the Administration HISTORICAL AND REVISION NOTES works toward the establishment of a lunar out- Revised post, the Administration shall make no plans Source (U.S. Code) Source (Statutes at Large) Section that would require a lunar outpost to be occu- 70502 ...... 42 U.S.C. 16763. Pub. L. 109–155, title V, § 503, pied to maintain its viability. Any such outpost Dec. 30, 2005, 119 Stat. shall be operable as a human-tended facility ca- 2929. pable of remote or autonomous operation for ex- tended periods. § 70503. Ground-based analog capabilities (b) DESIGNATION.—The United States portion (a) IN GENERAL.—The Administrator may es- of the first human-tended outpost established on tablish a ground-based analog capability in re- the surface of the Moon shall be designated the mote United States locations in order to assist ‘‘Neil A. Armstrong Lunar Outpost’’. in the development of lunar operations, life sup- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.) port, and in-situ resource utilization experience and capabilities. HISTORICAL AND REVISION NOTES (b) ENVIRONMENTAL CHARACTERISTICS.—The Revised Source (U.S. Code) Source (Statutes at Large) Administrator shall select locations for the ac- Section tivities described in subsection (a) that— 70505(a) ...... 42 U.S.C. 17732(a). Pub. L. 110–422, title IV, (1) are regularly accessible; § 404(a), (b), Oct. 15, 2008, 122 Stat. 4789. (2) have significant temperature extremes 70505(b) ...... 42 U.S.C. 17732(b). and range; and (3) have access to energy and natural re- § 70506. Exploration technology research sources (including geothermal, permafrost, volcanic, or other potential resources). The Administrator shall carry out a program of long-term exploration-related technology re- (c) INVOLVEMENT OF LOCAL POPULATIONS AND search and development, including such things PRIVATE SECTOR PARTNERS.—In carrying out as in-space propulsion, power systems, life sup- this section, the Administrator shall involve port, and advanced avionics, that is not tied to local populations, academia, and industrial part- specific flight projects. The program shall have ners as much as possible to ensure that ground- the funding goal of ensuring that the technology based benefits and applications are encouraged research and development can be completed in a and developed. timely manner in order to support the safe, suc- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430.) cessful, and sustainable exploration of the solar system. In addition, in order to ensure that the HISTORICAL AND REVISION NOTES broadest range of innovative concepts and tech- nologies are captured, the long-term technology Revised Source (U.S. Code) Source (Statutes at Large) Section program shall have the goal of having a signifi- 70503 ...... 42 U.S.C. 16764. Pub. L. 109–155, title V, § 504, cant portion of its funding available for external Dec. 30, 2005, 119 Stat. grants and contracts with universities, research 2929. institutions, and industry.

§ 70504. Stepping stone approach to exploration (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.) In order to maximize the cost-effectiveness of HISTORICAL AND REVISION NOTES the long-term exploration and utilization activi- Revised ties of the United States, the Administrator Section Source (U.S. Code) Source (Statutes at Large) shall take all necessary steps, including engag- 70506 ...... 42 U.S.C. 17733(b). Pub. L. 110–422, title IV, ing international partners, to ensure that ac- § 405(b), Oct. 15, 2008, 122 tivities in its lunar exploration program shall be Stat. 4789. designed and implemented in a manner that PURPOSE gives strong consideration to how those activi- ties might also help meet the requirements of Pub. L. 110–422, title IV, § 405(a), Oct. 15, 2008, 122 Stat. future exploration and utilization activities be- 4789, provided that: ‘‘A robust program of long-term ex- ploration-related technology research and development yond the Moon. The timetable of the lunar will be essential for the success and sustainability of phase of the long-term international exploration any enduring initiative of human and robotic explo- initiative shall be determined by the availabil- ration of the solar system.’’ ity of funding. However, once an exploration-re- INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT lated project enters its development phase, the Administrator shall seek, to the maximum ex- Pub. L. 106–391, title III, § 313, Oct. 30, 2000, 114 Stat. tent practicable, to complete that project with- 1594, provided that: out undue delays. ‘‘(a) ESTABLISHMENT OF PROGRAM.—In order to pro- mote a ‘faster, cheaper, better’ approach to the human (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.) exploration and development of space, the Adminis- Page 115 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70703 trator [of the National Aeronautics and Space Adminis- Sec. tration] shall establish a Human Space Flight Innova- 70707. Staff of Commission. tive Technologies program of ground-based and space- 70708. Compensation and travel expenses. based research and development in innovative tech- 70709. Security clearances for Commission members nologies. The program shall be part of the Technology and staff. and Commercialization program. 70710. Reporting requirements and termination. ‘‘(b) AWARDS.—At least 75 percent of the amount ap- propriated for Technology and Commercialization § 70701. Definitions under section 101(b)(4) [114 Stat. 1581] for any fiscal year shall be awarded through broadly distributed an- In this chapter: nouncements of opportunity that solicit proposals from (1) COMMISSION.—The term ‘‘Commission’’ educational institutions, industry, nonprofit institu- means a Commission established under this tions, National Aeronautics and Space Administration chapter. Centers, the Jet Propulsion Laboratory, other Federal (2) INCIDENT.—The term ‘‘incident’’ means agencies, and other interested organizations, and that either an accident or a deliberate act. allow partnerships among any combination of those en- tities, with evaluation, prioritization, and recom- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.) mendations made by external peer review panels. ‘‘(c) PLAN.—The Administrator shall provide to the HISTORICAL AND REVISION NOTES Committee on Science [now Committee on Science, Revised Space, and Technology] of the House of Representatives Section Source (U.S. Code) Source (Statutes at Large) and to the Committee on Commerce, Science, and Transportation of the Senate, not later than December 70701 ...... 42 U.S.C. 16841. Pub. L. 109–155, title VIII, 1, 2000, a plan to implement the program established § 821, Dec. 30, 2005, 119 Stat. 2941. under subsection (a).’’

§ 70507. Technology development § 70702. Establishment of Commission

The Administrator shall establish an intra-Di- (a) ESTABLISHMENT.—The President shall es- rectorate long-term technology development tablish an independent, nonpartisan Commission program for space and Earth science within the within the executive branch to investigate any Science Mission Directorate for the develop- incident that results in the loss of— ment of new technology. The program shall be (1) a space shuttle; independent of the flight projects under develop- (2) the International Space Station or its ment. The Administration shall have a goal of operational viability; funding the intra-Directorate technology devel- (3) any other United States space vehicle opment program at a level of 5 percent of the carrying humans that is owned by the Federal total Science Mission Directorate annual budg- Government or that is being used pursuant to et. The program shall be structured to include a contract with the Federal Government; or competitively awarded grants and contracts. (4) a crew member or passenger of any space (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.) vehicle described in this subsection.

HISTORICAL AND REVISION NOTES (b) DEADLINE FOR ESTABLISHMENT.—The Presi- dent shall establish a Commission within 7 days Revised after an incident specified in subsection (a). Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.) 70507 ...... 42 U.S.C. 17741. Pub. L. 110–422, title V, § 501, Oct. 15, 2008, 122 Stat. 4791. HISTORICAL AND REVISION NOTES

§ 70508. Robotic or human servicing of spacecraft Revised Section Source (U.S. Code) Source (Statutes at Large) The Administrator shall take all necessary 70702 ...... 42 U.S.C. 16842. Pub. L. 109–155, title VIII, steps to ensure that provision is made in the de- § 822, Dec. 30, 2005, 119 sign and construction of all future observatory- Stat. 2941. class scientific spacecraft intended to be de- ployed in Earth orbit or at a Lagrangian point § 70703. Tasks of Commission in space for robotic or human servicing and re- pair to the extent practicable and appropriate. A Commission established pursuant to this chapter shall, to the extent possible, undertake (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.) the following tasks: HISTORICAL AND REVISION NOTES (1) INVESTIGATION.—Investigate the incident. (2) CAUSE.—Determine the cause of the inci- Revised dent. Section Source (U.S. Code) Source (Statutes at Large) (3) CONTRIBUTING FACTORS.—Identify all con- 70508 ...... 42 U.S.C. 17742. Pub. L. 110–422, title V, § 502, tributing factors to the cause of the incident. Oct. 15, 2008, 122 Stat. 4791. (4) RECOMMENDATIONS.—Make recommenda- tions for corrective actions. CHAPTER 707—HUMAN SPACE FLIGHT (5) ADDITIONAL FINDINGS OR RECOMMENDA- INDEPENDENT INVESTIGATION COMMISSION TIONS.—Provide any additional findings or rec- Sec. ommendations deemed by the Commission to 70701. Definitions. be important, whether or not they are related 70702. Establishment of Commission. to the specific incident under investigation. 70703. Tasks of Commission. (6) REPORT.—Prepare a report to Congress, 70704. Composition of Commission. the President, and the public. 70705. Powers of Commission. 70706. Public meetings, information, and hearings. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.) § 70704 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 116

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

Revised Revised Source (U.S. Code) Source (Statutes at Large) Section Source (U.S. Code) Source (Statutes at Large) Section

70703 ...... 42 U.S.C. 16843. Pub. L. 109–155, title VIII, 70704(a) ...... 42 U.S.C. 16844(a). Pub. L. 109–155, title VIII, § 823, Dec. 30, 2005, 119 § 824, Dec. 30, 2005, 119 Stat. 2941. Stat. 2942. 70704(b) ...... 42 U.S.C. 16844(b). 70704(c) ...... 42 U.S.C. 16844(c). § 70704. Composition of Commission 70704(d) ...... 42 U.S.C. 16844(d). 70704(e) ...... 42 U.S.C. 16844(e) (1st sentence). (a) NUMBER OF COMMISSIONERS.—A Commission 70704(f) ...... 42 U.S.C. 16844(e) (2d established pursuant to this chapter shall con- sentence). 70704(g) ...... 42 U.S.C. 16844(e) sist of 15 members. (last sentence). (b) SELECTION.—The members of a Commission shall be chosen in the following manner: § 70705. Powers of Commission (1) APPOINTMENT BY PRESIDENT.—The Presi- dent shall appoint the members, and shall des- (a) HEARINGS AND EVIDENCE.—A Commission ignate the Chairman and Vice Chairman of the or, on the authority of the Commission, any sub- Commission from among its members. committee or member thereof, may, for the pur- (2) LISTS PROVIDED BY LEADERS OF CON- pose of carrying out this chapter— GRESS.—The majority leader of the Senate, the (1) hold such hearings and sit and act at such minority leader of the Senate, the Speaker of times and places, take such testimony, receive the House of Representatives, and the minor- such evidence, administer such oaths; and ity leader of the House of Representatives (2) require, by subpoena or otherwise, the at- shall each provide to the President a list of tendance and testimony of such witnesses and candidates for membership on the Commis- the production of such books, records, cor- sion. The President may select one of the can- respondence, memoranda, papers, and docu- didates from each of the 4 lists for membership ments, on the Commission. as the Commission or such designated sub- (3) PROHIBITION REGARDING FEDERAL OFFICERS committee or member may determine advisable. AND EMPLOYEES AND MEMBERS OF CONGRESS.— (b) CONTRACTING.—A Commission may, to such No officer or employee of the Federal Govern- extent and in such amounts as are provided in ment or Member of Congress shall serve as a appropriation Acts, enter into contracts to en- member of the Commission. able the Commission to discharge its duties (4) PROHIBITION REGARDING CONTRACTORS.— under this chapter. No member of the Commission shall have, or (c) INFORMATION FROM FEDERAL AGENCIES.— have pending, a contractual relationship with (1) IN GENERAL.—A Commission may secure the Administration. directly from any executive department, bu- (5) PROHIBITION REGARDING CONFLICT OF IN- reau, agency, board, commission, office, inde- TEREST.—The President shall not appoint any pendent establishment, or instrumentality of individual as a member of a Commission under the Government, information, suggestions, es- this section who has a current or former rela- timates, and statistics for the purposes of this tionship with the Administrator that the chapter. Each department, bureau, agency, President determines would constitute a con- board, commission, office, independent estab- flict of interest. lishment, or instrumentality shall, to the ex- (6) EXPERIENCE.—To the extent practicable, tent authorized by law, furnish such informa- the President shall ensure that the members tion, suggestions, estimates, and statistics di- of the Commission include some individuals rectly to the Commission, upon request made with experience relative to human carrying by the Chairman, the chairman of any sub- spacecraft, as well as some individuals with committee created by a majority of the Com- investigative experience and some individuals mission, or any member designated by a ma- with legal experience. jority of the Commission. (7) DIVERSITY.—To the extent practicable, (2) RECEIPT, HANDLING, STORAGE, AND DIS- the President shall seek diversity in the mem- SEMINATION.—Information shall only be re- bership of the Commission. ceived, handled, stored, and disseminated by members of the Commission and its staff con- (c) DEADLINE FOR APPOINTMENT.—All members sistent with all applicable statutes, regula- of a Commission established under this chapter tions, and Executive orders. shall be appointed no later than 30 days after the incident. (d) ASSISTANCE FROM FEDERAL AGENCIES.— (1) GENERAL SERVICES ADMINISTRATION.—The (d) INITIAL MEETING.—A Commission shall Administrator of General Services shall pro- meet and begin operations as soon as prac- vide to a Commission on a reimbursable basis ticable. administrative support and other services for (e) SUBSEQUENT MEETINGS.—After its initial meeting, a Commission shall meet upon the call the performance of the Commission’s tasks. (2) OTHER DEPARTMENTS AND AGENCIES.—In of the Chairman or a majority of its members. addition to the assistance prescribed in para- (f) QUORUM.—Eight members of a Commission graph (1), departments and agencies of the shall constitute a quorum. United States may provide to the Commission (g) VACANCIES.—Any vacancy in a Commission such services, funds, facilities, staff, and other shall not affect its powers, but shall be filled in support services as they may determine advis- the same manner in which the original appoint- able and as may be authorized by law. ment was made. (3) ADMINISTRATION ENGINEERING AND SAFETY (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3433.) CENTER.—The Administration Engineering and Page 117 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70710

Safety Center shall provide data and technical In subsection (c), in the 1st sentence, the words ‘‘the support as requested by the Commission. daily equivalent of the annual rate of basic pay in ef- fect for positions at level IV of the Executive Schedule (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3433.) under section 5315 of title 5’’ are substituted for ‘‘the daily rate paid a person occupying a position at level HISTORICAL AND REVISION NOTES IV of the Executive Schedule under section 5315 of title 5’’ for consistency in title 51. Revised Section Source (U.S. Code) Source (Statutes at Large) In subsection (c), in the last sentence, the words ‘‘the expert or consultant’’ are substituted for ‘‘it’’ for clar- 70705 ...... 42 U.S.C. 16845. Pub. L. 109–155, title VIII, ity. § 825, Dec. 30, 2005, 119 Stat. 2942. § 70708. Compensation and travel expenses § 70706. Public meetings, information, and hear- (a) COMPENSATION.—Each member of a Com- ings mission may be compensated at a rate not to ex- ceed the daily equivalent of the annual rate of (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC basic pay in effect for positions at level IV of VERSIONS OF REPORTS.—A Commission shall— the Executive Schedule under section 5315 of (1) hold public hearings and meetings to the title 5 for each day during which that member is extent appropriate; and engaged in the actual performance of the duties (2) release public versions of the reports re- of the Commission. quired under this chapter. (b) TRAVEL EXPENSES.—While away from their (b) PUBLIC HEARINGS.—Any public hearings of homes or regular places of business in the per- a Commission shall be conducted in a manner formance of services for the Commission, mem- consistent with the protection of information bers of a Commission shall be allowed travel ex- provided to or developed for or by the Commis- penses, including per diem in lieu of subsistence, sion as required by any applicable statute, regu- in the same manner as persons employed inter- lation, or Executive order. mittently in the Government service are al- lowed expenses under section 5703 of title 5. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3434.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Source (U.S. Code) Source (Statutes at Large) Section Revised Section Source (U.S. Code) Source (Statutes at Large) 70706 ...... 42 U.S.C. 16846. Pub. L. 109–155, title VIII, § 826, Dec. 30, 2005, 119 70708 ...... 42 U.S.C. 16848. Pub. L. 109–155, title VIII, Stat. 2943. § 828, Dec. 30, 2005, 119 Stat. 2944.

§ 70707. Staff of Commission In subsection (a), the words ‘‘at a rate not to exceed (a) APPOINTMENT AND COMPENSATION.—The the daily equivalent of the annual rate’’ for ‘‘at not to Chairman, in consultation with the Vice Chair- exceed the daily equivalent of the annual rate’’ for con- sistency in title 51. man, in accordance with rules agreed upon by a In subsection (b), the words ‘‘section 5703 of title 5’’ Commission, may appoint and fix the compensa- are substituted for ‘‘section 5703(b) of title 5’’ to correct tion of a staff director and such other personnel an error in the law. Section 5703 of title 5, United as may be necessary to enable the Commission States Code, does not contain a subsection (b). to carry out its functions. § 70709. Security clearances for Commission (b) DETAILEES.—Any Federal Government em- ployee, except for an employee of the Adminis- members and staff tration, may be detailed to a Commission with- The appropriate Federal agencies or depart- out reimbursement from the Commission, and ments shall cooperate with a Commission in ex- such detailee shall retain the rights, status, and peditiously providing to the Commission mem- privileges of his or her regular employment bers and staff appropriate security clearances to without interruption. the extent possible pursuant to existing proce- (c) CONSULTANT SERVICES.—A Commission dures and requirements. No person shall be pro- may procure the services of experts and consult- vided with access to classified information ants in accordance with section 3109 of title 5, under this chapter without the appropriate secu- but at rates not to exceed the daily equivalent rity clearances. of the annual rate of basic pay in effect for posi- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.) tions at level IV of the Executive Schedule under section 5315 of title 5. An expert or con- HISTORICAL AND REVISION NOTES sultant whose services are procured under this Revised subsection shall disclose any contract or asso- Section Source (U.S. Code) Source (Statutes at Large) ciation the expert or consultant has with the 70709 ...... 42 U.S.C. 16849. Pub. L. 109–155, title VIII, Administration or any Administration contrac- § 829, Dec. 30, 2005, 119 tor. Stat. 2944. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.) § 70710. Reporting requirements and termination HISTORICAL AND REVISION NOTES (a) INTERIM REPORTS.—A Commission may submit to the President and Congress interim Revised Source (U.S. Code) Source (Statutes at Large) Section reports containing such findings, conclusions, 70707 ...... 42 U.S.C. 16847. Pub. L. 109–155, title VIII, and recommendations for corrective actions as § 827, Dec. 30, 2005, 119 have been agreed to by a majority of Commis- Stat. 2943. sion members. § 70901 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 118

(b) FINAL REPORT.—A Commission shall sub- 1991 (Public Law 101–611, 104 Stat. 3190), referred to in mit to the President and Congress, and make text, is not classified to the Code. concurrently available to the public, a final re- INTERNATIONAL SPACE STATION port containing such findings, conclusions, and Pub. L. 110–69, title II, § 2006, Aug. 9, 2007, 121 Stat. recommendations for corrective actions as have 584, provided that: been agreed to by a majority of Commission ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress members. Such report shall include any minor- that the International Space Station National Labora- ity views or opinions not reflected in the major- tory offers unique opportunities for educational activi- ity report. ties and provides a unique resource for research and de- (c) TERMINATION.— velopment in science, technology, and engineering, (1) IN GENERAL.—A Commission, and all the which can enhance the global competitiveness of the authorities of this chapter with respect to United States. ‘‘(b) DEVELOPMENT OF EDUCATIONAL PROJECTS.—The that Commission, shall terminate 60 days Administrator of the National Aeronautics and Space after the date on which the final report is sub- Administration shall develop a detailed plan for imple- mitted under subsection (b). mentation of 1 or more education projects that utilize (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- the resources offered by the International Space Sta- NATION.—A Commission may use the 60-day pe- tion. In developing any detailed plan according to this riod referred to in paragraph (1) for the pur- paragraph, the Administrator shall make use of the pose of concluding its activities, including findings and recommendations of the International providing testimony to committees of Con- Space Station National Laboratory Education Concept Development Task Force. gress concerning its reports and disseminating ‘‘(c) DEVELOPMENT OF RESEARCH PLANS FOR COMPETI- the final report. TIVENESS ENHANCEMENT.—The Administrator shall de- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) velop a detailed plan for identification and support of research to be conducted aboard the International HISTORICAL AND REVISION NOTES Space Station, which offers the potential for enhance- ment of United States competitiveness in science, tech- Revised Source (U.S. Code) Source (Statutes at Large) nology, and engineering. In developing any detailed Section plan pursuant to this subsection, the Administrator 70710 ...... 42 U.S.C. 16850. Pub. L. 109–155, title VIII, shall consult with agencies and entities with which co- § 830, Dec. 30, 2005, 119 operative agreements have been reached regarding uti- Stat. 2944. lization of International Space Station National Lab- oratory facilities.’’ CHAPTER 709—INTERNATIONAL SPACE Pub. L. 106–391, title II, §§ 201–203, 205, Oct. 30, 2000, 114 STATION Stat. 1586–1590, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–155, title II, Sec. § 207(b), title VII, § 706(a), Dec. 30, 2005, 119 Stat. 2916, 70901. Peaceful uses of space station. 2937, provided that: 70902. Allocation of International Space Station re- ‘‘SEC. 201. INTERNATIONAL SPACE STATION CON- search budget. TINGENCY PLAN. 70903. International Space Station research. 70904. International Space Station completion. ‘‘(a) BIMONTHLY REPORTING ON RUSSIAN STATUS.—Not 70905. National laboratory designation. later than the first day of the first month beginning 70906. International Space Station National Labora- more than 60 days after the date of the enactment of tory Advisory Committee. this Act [Oct. 30, 2000], and semiannually thereafter 70907. Maintaining use through at least 2020. until December 31, 2011, the Administrator [of the Na- tional Aeronautics and Space Administration] shall re- § 70901. Peaceful uses of space station port to Congress whether or not the Russians have per- formed work expected of them and necessary to com- No civil space station authorized under sec- plete the International Space Station. Each such report tion 103(a)(1) of the National Aeronautics and shall also include a statement of the Administrator’s Space Administration Authorization Act, Fiscal judgment concerning Russia’s ability to perform work Year 1991 (Public Law 101–611, 104 Stat. 3190) anticipated and required to complete the International may be used to carry or place in orbit any nu- Space Station before the next report under this sub- clear weapon or any other weapon of mass de- section. Each such report shall also identify each Rus- sian entity or person to whom NASA has, since the struction, to install any such weapon on any ce- date of the enactment of the Iran Nonproliferation lestial body, or to station any such weapon in Amendments Act of 2005 [Nov. 22, 2005], made a pay- space in any other manner. This civil space sta- ment in cash or in-kind for work to be performed or tion may be used only for peaceful purposes. services to be rendered under the Agreement Concern- ing Cooperation on the Civil International Space Sta- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) tion, with annex, signed at Washington January 29, HISTORICAL AND REVISION NOTES 1998, and entered into force March 27, 2001, or any pro- tocol, agreement, memorandum of understanding, or contract related thereto. Each report shall include the Revised Source (U.S. Code) Source (Statutes at Large) Section specific purpose of each payment made to each entity 70901 ...... (not previously Pub. L. 101–611, title I, § 123, or person identified in the report. classified) Nov. 16, 1990, 104 Stat. ‘‘(b) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—The 3204. President shall notify Congress within 90 days after the date of the enactment of this Act [Oct. 30, 2000] of the The words ‘‘the National Aeronautics and Space Ad- decision on whether or not to proceed with permanent ministration Authorization Act, Fiscal Year 1991 (Pub- replacement of any Russian elements in the critical lic Law 101–611, 104 Stat. 3190)’’ are substituted for ‘‘this path [as defined in section 3 of Pub. L. 106–391, 51 U.S.C. Act’’ to clarify the reference. 10101 note] of the International Space Station or any Russian launch services. Such notification shall in- REFERENCES IN TEXT clude the reasons and justifications for the decision and Section 103(a)(1) of the National Aeronautics and the costs associated with the decision. Such decision Space Administration Authorization Act, Fiscal Year shall include a judgment of when all elements identi- Page 119 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70901 fied in Revision E assembly sequence as of June 1999 ‘‘SEC. 205. SPACE STATION RESEARCH UTILIZA- will be in orbit and operational. If the President de- TION AND COMMERCIALIZATION MANAGE- cides to proceed with a permanent replacement for any MENT. Russian element in the critical path or any Russian ‘‘(a) RESEARCH UTILIZATION AND COMMERCIALIZATION launch services, the President shall notify Congress of MANAGEMENT ACTIVITIES.—The Administrator of the the reasons and the justification for the decision to National Aeronautics and Space Administration shall proceed with the permanent replacement and the costs enter into an agreement with a non-government orga- associated with the decision. nization to conduct research utilization and commer- ‘‘(c) ASSURANCES.—The United States shall seek as- cialization management activities of the International surances from the Russian Government that it places a Space Station subsequent to substantial completion as higher priority on fulfilling its commitments to the defined in section 202(b)(3). The agreement may not International Space Station than it places on extend- take effect less than 120 days after the implementation ing the life of the Mir Space Station, including assur- plan for the agreement is submitted to the Congress ances that Russia will not utilize assets allocated by under subsection (b). Russia to the International Space Station for other ‘‘(b) IMPLEMENTATION PLAN.—Not later than Septem- purposes, including extending the life of Mir. ber 30, 2001, the Administrator shall submit to the Com- ‘‘(d) EQUITABLE UTILIZATION.—In the event that any mittee on Commerce, Science, and Transportation of International Partner in the International Space Sta- the Senate and the Committee on Science [now Com- tion Program willfully violates any of its commitments mittee on Science, Space, and Technology] of the or agreements for the provision of agreed-upon Space House of Representatives an implementation plan to Station-related hardware or related goods or services, incorporate the use of a non-government organization the Administrator should, in a manner consistent with for the International Space Station. The implementa- relevant international agreements, seek a commensu- tion plan shall include— rate reduction in the utilization rights of that Partner ‘‘(1) a description of the respective roles and respon- until such time as the violated commitments or agree- sibilities of the Administration and the non-govern- ments have been fulfilled. ment organization; ‘‘(e) OPERATION COSTS.—The Administrator shall, in a ‘‘(2) a proposed structure for the non-government manner consistent with relevant international agree- organization; ments, seek to reduce the National Aeronautics and ‘‘(3) a statement of the resources required; Space Administration’s share of International Space ‘‘(4) a schedule for the transition of responsibilities; Station common operating costs, based upon any addi- and tional capabilities provided to the International Space ‘‘(5) a statement of the duration of the agreement.’’ Station through the National Aeronautics and Space [Pub. L. 109–155, title VII, § 706(a)(2), Dec. 30, 2005, 119 Administration’s Russian Program Assurance activi- Stat. 2937, which directed insertion of two sentences at ties. end of section 201 of Pub. L. 106–391, set out above, was executed by making the insertion at the end of section ‘‘[SEC. 202. Repealed. Pub. L. 109–155, title II, § 207(b), 201(a) of Pub. L. 106–391, to reflect the probable intent Dec. 30, 2005, 119 Stat. 2916, effective 30 days after of Congress.] Dec. 1, 2006.] PERMANENTLY MANNED SPACE STATION ‘‘SEC. 203. RESEARCH ON INTERNATIONAL SPACE STATION. Pub. L. 100–147, title I, §§ 106–112, Oct. 30, 1987, 101 Stat. 863–865, as amended by Pub. L. 102–195, § 16, Dec. 9, ‘‘(a) STUDY.—The Administrator [of the National 1991, 105 Stat. 1614; Pub. L. 105–362, title XI, § 1101(c), Aeronautics and Space Administration] shall enter into Nov. 10, 1998, 112 Stat. 3292, provided that: a contract with the National Research Council and the ‘‘SEC. 106. (a) The Administrator [of the National National Academy of Public Administration to jointly Aeronautics and Space Administration] is directed to conduct a study of the status of life and microgravity undertake the construction of a permanently manned research as it relates to the International Space Sta- space station (hereinafter referred to as the ‘space sta- tion. The study shall include— tion’) to become operational in 1995. The space station ‘‘(1) an assessment of the United States scientific will be used for the following purposes— community’s readiness to use the International ‘‘(1) the conduct of scientific experiments, applica- Space Station for life and microgravity research; tions experiments, and engineering experiments; ‘‘(2) an assessment of the current and projected fac- ‘‘(2) the servicing, rehabilitation, and construction tors limiting the United States scientific commu- of satellites and space vehicles; nity’s ability to maximize the research potential of ‘‘(3) the development and demonstration of com- the International Space Station, including, but not mercial products and processes; and limited to, the past and present availability of re- ‘‘(4) the establishment of a space base for other ci- sources in the life and microgravity research ac- vilian and commercial space activities. counts within the Office of Human Spaceflight and ‘‘(b) The space station shall be developed and oper- the Office of Life and Microgravity Sciences and Ap- ated in a manner that supports other science and space plications and the past, present, and projected access activities. to space of the scientific community; and ‘‘(c) In order to reduce the cost of operations of the ‘‘(3) recommendations for improving the United space station and its ground support system, the Ad- States scientific community’s ability to maximize ministrator shall undertake the development of such the research potential of the International Space Sta- advanced technologies as may be appropriate within tion, including an assessment of the relative costs the level of funding authorized in this Act [see Tables and benefits of— for classification]. ‘‘(A) dedicating an annual mission of the Space ‘‘(d) The Administrator shall seek to have portions of Shuttle to life and microgravity research during as- the space station constructed and operated by the pri- sembly of the International Space Station; and vate sector, where appropriate. ‘‘(B) maintaining the schedule for assembly in ‘‘(e) The Administrator shall promote international place at the time of the enactment [Oct. 30, 2000]. cooperation in the space station program by under- ‘‘(b) REPORT.—Not later than 1 year after the date of taking the development, construction, and operation of the enactment of this Act [Oct. 30, 2000], the Adminis- the space station in conjunction with (but not limited trator shall transmit to the Committee on Science to) the Governments of Europe, Japan, and Canada. [now Committee on Science, Space, and Technology] of ‘‘(f) The space station shall be designed, developed, the House of Representatives and the Committee on and operated in a manner that enables evolutionary en- Commerce, Science, and Transportation of the Senate hancement. a report on the results of the study conducted under ‘‘[SEC. 107. Repealed. Pub. L. 105–362, title XI, § 1101(c), this section. Nov. 10, 1998, 112 Stat. 3292.] § 70902 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 120

‘‘SEC. 108. In order to ensure that the development of Space Station research to ground-based, free- the space station is part of a balanced civilian space flyer, and International Space Station life and program, the Administrator is instructed to establish microgravity science research that is not di- as a goal a funding profile that limits (1) space station rectly related to supporting the human explo- total annual costs under the capital development plan in section 107 to 25 percent of the total budget request ration program, consistent with section 40904 of for the National Aeronautics and Space Administration this title. and (2) all space station direct operations costs, except (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) for those costs associated with the utilization of the space station, to 10 percent of the total budget request HISTORICAL AND REVISION NOTES for the National Aeronautics and Space Administra- Revised tion. Source (U.S. Code) Source (Statutes at Large) ‘‘SEC. 109. (a) It is the sense of the Congress that the Section launching and servicing of the space station should be 70902 ...... 42 U.S.C. 16633. Pub. L. 109–155, title II, § 204, accomplished by the most cost-effective use of space Dec. 30, 2005, 119 Stat. transportation systems, including the space shuttle 2916. and expendable launch vehicles. ‘‘(b) Not later than January 15, 1988, the Adminis- The words ‘‘Beginning with fiscal year 2006’’, which trator shall submit a preliminary report on the cost-ef- appeared at the beginning of this section, are omitted fective use of space transportation systems for the as obsolete. launch of space station elements during the develop- § 70903. International Space Station research ment and operation of the space station. The Adminis- trator shall consider— The Administrator shall— ‘‘(1) the potential use of future advanced or heavy (1) carry out a program of microgravity re- lift expendable launch vehicles for purposes of the as- search consistent with section 40904 of this sembly and operation of the space station; ‘‘(2) the use of existing expendable launch vehicles title; and of the National Aeronautics and Space Administra- (2) consider the need for a life sciences cen- tion, the Department of Defense, and the Private Sec- trifuge and any associated holding facilities. tor; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) ‘‘(3) the requirement for space shuttle launches; and ‘‘(4) the risk of capital losses from the use of ex- HISTORICAL AND REVISION NOTES pendable launch vehicles and the space shuttle. ‘‘SEC. 110. (a) The Administrator shall set and collect Revised Source (U.S. Code) Source (Statutes at Large) reasonable user fees for the use and maintenance of the Section space station. 70903 ...... 42 U.S.C. 16766(1), Pub. L. 109–155, title V, ‘‘(b) The Administrator shall set user fees so as to— (2). § 506(1), (2), Dec. 30, 2005, ‘‘(1) promote the use of the space station consistent 119 Stat. 2930. with the policy set forth in section 106; ‘‘(2) recover the costs of the use of the space sta- § 70904. International Space Station completion tion, including reasonable charges for any enhance- ment needed for such use; and (a) POLICY.—It is the policy of the United ‘‘(3) conserve and efficiently allocate the resources States to achieve diverse and growing utiliza- of the space station. ‘‘(c) The Administrator may, on a case-by-case basis, tion of, and benefits from, the International waive or modify such user fees when in the Administra- Space Station. tor’s judgment such waiver or modification will further (b) ELEMENTS, CAPABILITIES, AND CONFIGURA- the goals and purposes of the National Aeronautics and TION CRITERIA.—The Administrator shall ensure Space Act of 1958 [see 51 U.S.C. 20101 et seq.], includ- that the International Space Station will— ing— (1) be assembled and operated in a manner ‘‘(1) the advancement of scientific or engineering that fulfills international partner agreements, knowledge; as long as the Administrator determines that ‘‘(2) international cooperation; and ‘‘(3) the commercial use of space. the shuttle can safely enable the United ‘‘SEC. 111. No later than September 30, 1988, the Ad- States to do so; ministrator shall submit a detailed plan for collecting (2) be used for a diverse range of micro- reimbursements for the utilization of the space station gravity research, including fundamental, ap- under section 110, including the services to be offered, plied, and commercial research, consistent the methodology and bases by which prices will be with section 40904 of this title; charged, and the estimated revenues. (3) have an ability to support a crew size of ‘‘SEC. 112. The Intergovernmental Agreement cur- rently being negotiated between the United States Gov- at least 6 persons, unless the Administrator ernment and Canada, Japan, and member governments transmits to the Committee on Science and of the European Space Agency, and the Memorandum Technology of the House of Representatives of Understanding currently being negotiated between and the Committee on Commerce, Science, the National Aeronautics and Space Administration and Transportation of the Senate not later and its counterpart agencies in Canada, Japan, and Eu- than 60 days after December 30, 2005, a report rope concerning the detailed design, development, con- explaining why such a requirement should not struction, operation, or utilization of the space station be met, the impact of not meeting the require- shall be submitted to the Committee on Commerce, Science, and Transportation of the Senate and the ment on the International Space Station re- Committee on Science, Space, and Technology of the search agenda and operations and inter- House of Representatives. No such agreement shall national partner agreements, and what addi- take effect until 30 days have passed after the receipt tional funding or other steps would be re- by such committees of the agreement.’’ quired to have an ability to support a crew size of at least 6 persons; § 70902. Allocation of International Space Station (4) support Crew Exploration Vehicle dock- research budget ing and automated docking of cargo vehicles The Administrator shall allocate at least 15 or modules launched by either heavy-lift or percent of the funds budgeted for International commercially-developed launch vehicles; Page 121 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70906

(5) support any diagnostic human research, Space Station is hereby designated a national on-orbit characterization of molecular crystal laboratory. growth, cellular research, and other research (c) MANAGEMENT.— that the Administration believes is necessary (1) PARTNERSHIPS.—The Administrator shall to conduct, but for which the Administration seek to increase the utilization of the Inter- lacks the capacity to return the materials national Space Station by other Federal enti- that need to be analyzed to Earth; and ties and the private sector through partner- (6) be operated at an appropriate risk level. ships, cost-sharing agreements, and other ar- rangements that would supplement Adminis- (c) CONTINGENCIES.— tration funding of the International Space (1) POLICY.—The Administrator shall ensure Station. that the International Space Station can have (2) CONTRACTING.—The Administrator may available, if needed, sufficient logistics and enter into a contract with a nongovernmental on-orbit capabilities to support any potential entity to operate the International Space Sta- period during which the space shuttle or its tion national laboratory, subject to all appli- follow-on crew and cargo systems are unavail- cable Federal laws and regulations. able, and can have available, if needed, suffi- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3437.) cient surge delivery capability or prepositioning of spares and other supplies HISTORICAL AND REVISION NOTES needed to accommodate any such hiatus. Revised (2) PLAN.—Before making any change in the Section Source (U.S. Code) Source (Statutes at Large) International Space Station assembly se- 70905(a) ...... 42 U.S.C. 16767(d). Pub. L. 109–155, title V, quence in effect on December 30, 2005, the Ad- § 507(a), (b), (d), Dec. 30, ministrator shall transmit to the Committee 2005, 119 Stat. 2930, 2931. 70905(b) ...... 42 U.S.C. 16767(a). on Science and Technology of the House of 70905(c) ...... 42 U.S.C. 16767(b). Representatives and the Committee on Com- merce, Science, and Transportation of the § 70906. International Space Station National Senate a plan to carry out the policy described Laboratory Advisory Committee in paragraph (1). (a) ESTABLISHMENT.—Not later than one year (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3437.) after October 15, 2008, the Administrator shall HISTORICAL AND REVISION NOTES establish under the Federal Advisory Committee Act a committee to be known as the ‘‘Inter- Revised Source (U.S. Code) Source (Statutes at Large) national Space Station National Laboratory Ad- Section visory Committee’’ (hereafter in this section re- 70904 ...... 42 U.S.C. 16765. Pub. L. 109–155, title V, § 505, ferred to as the ‘‘Committee’’). Dec. 30, 2005, 119 Stat. (b) MEMBERSHIP.— 2929. (1) COMPOSITION.—The Committee shall be In subsections (b)(3) and (c)(2), the words ‘‘Committee composed of individuals representing organiza- on Science and Technology’’ are substituted for ‘‘Com- tions that have formal agreements with the mittee on Science’’ on authority of Rule X(1)(o) of the Administration to utilize the United States Rules of the House of Representatives, adopted by portion of the International Space Station, in- House Resolution No. 6 (110th Congress, January 5, cluding allocations within partner elements. 2007). (2) CHAIR.—The Administrator shall appoint In subsections (b)(3) and (c)(2), the date ‘‘December a chair from among the members of the Com- 30, 2005’’ is substituted for ‘‘the date of enactment of mittee, who shall serve for a 2-year term. this Act’’ to reflect the date of enactment of the Na- tional Aeronautics and Space Administration Author- (c) DUTIES OF THE COMMITTEE.— ization Act of 2005 (Public Law 109–155, 119 Stat. 2895). (1) IN GENERAL.—The Committee shall mon- In subsection (c)(2) the words ‘‘Not later than 60 days itor, assess, and make recommendations re- after the date of enactment of this Act [December 30, garding effective utilization of the Inter- 2005], and’’ are omitted as obsolete. national Space Station as a national labora- CHANGE OF NAME tory and platform for research. (2) ANNUAL REPORT.—The Committee shall Committee on Science and Technology of House of submit to the Administrator, on an annual Representatives changed to Committee on Science, Space, and Technology of House of Representatives by basis or more frequently as considered nec- House Resolution No. 5, One Hundred Twelfth Congress, essary by a majority of the members of the Jan. 5, 2011. Committee, a report containing the assess- ments and recommendations required by para- § 70905. National laboratory designation graph (1). (a) DEFINITION OF UNITED STATES SEGMENT OF (d) DURATION.—The Committee shall exist for THE INTERNATIONAL SPACE STATION.—In this sec- the life of the International Space Station. tion the term ‘‘United States segment of the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3438.) International Space Station’’ means those ele- ments of the International Space Station manu- HISTORICAL AND REVISION NOTES factured— Revised (1) by the United States; or Section Source (U.S. Code) Source (Statutes at Large) (2) for the United States by other nations in 70906 ...... 42 U.S.C. 17752. Pub. L. 110–422, title VI, exchange for funds or launch services. § 602, Oct. 15, 2008, 122 Stat. 4795. (b) DESIGNATION.—To further the policy de- scribed in section 70501(a) of this title, the In subsection (a), the date ‘‘October 15, 2008’’ is sub- United States segment of the International stituted for ‘‘the date of enactment of this Act’’ to re- § 70907 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 122 flect the date of enactment of the National Aeronautics Survey program to achieve 90 percent completion of and Space Administration Authorization Act of 2008 its near-Earth object catalogue (based on statis- (Public Law 110–422, 122 Stat. 4779). tically predicted populations of near-Earth objects) within 15 years after the date of enactment of this REFERENCES IN TEXT Act [Dec. 30, 2005]. The Federal Advisory Committee Act, referred to in ‘‘(2) [Amended former section 2451 of Title 42, The subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, Public Health and Welfare.] which is set out in the Appendix to Title 5, Government ‘‘(3) FIFTH-YEAR REPORT.—The Administrator shall Organization and Employees. transmit to the Congress, not later than February 28 of the fifth year after the date of enactment of this § 70907. Maintaining use through at least 2020 Act, a report that provides the following: ‘‘(A) A summary of all activities taken pursuant The Administrator shall take all necessary to paragraph (1) since the date of enactment of this steps to ensure that the International Space Act. Station remains a viable and productive facility ‘‘(B) A summary of expenditures for all activities capable of potential United States utilization pursuant to paragraph (1) since the date of enact- through at least 2020 and shall take no steps ment of this Act. that would preclude its continued operation and ‘‘(4) INITIAL REPORT.—The Administrator shall transmit to Congress not later than 1 year after the utilization by the United States after 2015. date of enactment of this Act an initial report that (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3438.) provides the following: ‘‘(A) An analysis of possible alternatives that HISTORICAL AND REVISION NOTES NASA may employ to carry out the Survey pro- gram, including ground-based and space-based al- Revised Source (U.S. Code) Source (Statutes at Large) ternatives with technical descriptions. Section ‘‘(B) A recommended option and proposed budget 70907 ...... 42 U.S.C. 17751(a). Pub. L. 110–422, title VI, to carry out the Survey program pursuant to the § 601(a), Oct. 15, 2008, 122 recommended option. Stat. 4793. ‘‘(C) Analysis of possible alternatives that NASA could employ to divert an object on a likely colli- CHAPTER 711—NEAR-EARTH OBJECTS sion course with Earth.’’

Sec. § 71101. Reaffirmation of policy 71101. Reaffirmation of policy. 71102. Requests for information. Congress reaffirms the policy set forth in sec- 71103. Developing policy and recommending respon- tion 20102(g) of this title (relating to surveying sible Federal agency. near-Earth asteroids and comets). 71104. Planetary radar. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY HISTORICAL AND REVISION NOTES Pub. L. 109–155, title III, § 321, Dec. 30, 2005, 119 Stat. 2922, provided that: Revised Source (U.S. Code) Source (Statutes at Large) ‘‘(a) SHORT TITLE.—This section may be cited as the Section ‘George E. Brown, Jr. Near-Earth Object Survey Act’. 71101 ...... 42 U.S.C. 17791(a). Pub. L. 110–422, title VIII, ‘‘(b) FINDINGS.—The Congress makes the following § 801(a), Oct. 15, 2008, 122 findings: Stat. 4803. ‘‘(1) Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that FINDINGS a major asteroid or comet was responsible for the Pub. L. 110–422, title VIII, § 802, Oct. 15, 2008, 122 Stat. mass extinction of the majority of the Earth’s spe- 4803, provided that: ‘‘Congress makes the following cies, including the dinosaurs, nearly 65,000,000 years findings: ago. ‘‘(1) Near-Earth objects pose a serious and credible ‘‘(2) Similar objects have struck the Earth or threat to humankind, as many scientists believe that passed through the Earth’s atmosphere several times a major asteroid or comet was responsible for the in the Earth’s history and pose a similar threat in the mass extinction of the majority of the Earth’s spe- future. cies, including the dinosaurs, nearly 65,000,000 years ‘‘(3) Several such near-Earth objects have only been ago. discovered within days of the objects’ closest ap- ‘‘(2) Several such near-Earth objects have only been proach to Earth, and recent discoveries of such large discovered within days of the objects’ closest ap- objects indicate that many large near-Earth objects proach to Earth and recent discoveries of such large remain undiscovered. objects indicate that many large near-Earth objects ‘‘(4) The efforts taken to date by NASA [National remain undiscovered. Aeronautics and Space Administration] for detecting ‘‘(3) Asteroid and comet collisions rank as one of and characterizing the hazards of near-Earth objects the most costly natural disasters that can occur. are not sufficient to fully determine the threat posed ‘‘(4) The time needed to eliminate or mitigate the by such objects to cause widespread destruction and threat of a collision of a potentially hazardous near- loss of life. Earth object with Earth is measured in decades. ‘‘(c) DEFINITIONS.—For purposes of this section the ‘‘(5) Unlike earthquakes and hurricanes, asteroids term ‘near-Earth object’ means an asteroid or comet and comets can provide adequate collision informa- with a perihelion distance of less than 1.3 Astronomical tion, enabling the United States to include both as- Units from the Sun. teroid-collision and comet-collision disaster recovery ‘‘(d) NEAR-EARTH OBJECT SURVEY.— and disaster avoidance in its public-safety structure. ‘‘(1) SURVEY PROGRAM.—The Administrator [of the ‘‘(6) Basic information is needed for technical and National Aeronautics and Space Administration] policy decisionmaking for the United States to create shall plan, develop, and implement a Near-Earth Ob- a comprehensive program in order to be ready to ject Survey program to detect, track, catalogue, and eliminate and mitigate the serious and credible characterize the physical characteristics of near- threats to humankind posed by potentially hazardous Earth objects equal to or greater than 140 meters in near-Earth asteroids and comets. diameter in order to assess the threat of such near- ‘‘(7) As a first step to eliminate and to mitigate the Earth objects to the Earth. It shall be the goal of the risk of such collisions, situation and decision analy- Page 123 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 71302

sis processes, as well as procedures and system re- HISTORICAL AND REVISION NOTES sources, must be in place well before a collision threat becomes known.’’ Revised Section Source (U.S. Code) Source (Statutes at Large)

71104 ...... 42 U.S.C. 17795. Pub. L. 110–422, title VIII, § 71102. Requests for information § 805, Oct. 15, 2008, 122 Stat. 4804. The Administrator shall issue requests for in- formation on— CHAPTER 713—COOPERATION FOR SAFETY (1) a low-cost space mission with the purpose AMONG SPACEFARING NATIONS of rendezvousing with, attaching a tracking device,1 and characterizing the Apophis aster- Sec. oid; and 71301. Common docking system standard to enable (2) a medium-sized space mission with the rescue. purpose of detecting near-Earth objects equal 71302. Information sharing to avoid physical or to or greater than 140 meters in diameter. radio-frequency interference. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) § 71301. Common docking system standard to en- able rescue HISTORICAL AND REVISION NOTES In order to maximize the ability to rescue as- Revised Section Source (U.S. Code) Source (Statutes at Large) tronauts whose space vehicles have become dis- abled, the Administrator shall enter into discus- 71102 ...... 42 U.S.C. 17793. Pub. L. 110–422, title VIII, sions with the appropriate representatives of § 803, Oct. 15, 2008, 122 Stat. 4803. spacefaring nations who have or plan to have crew transportation systems capable of orbital flight or flight beyond low Earth orbit for the § 71103. Developing policy and recommending re- purpose of agreeing on a common docking sys- sponsible Federal agency tem standard. Within 2 years after October 15, 2008, the Di- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) rector of the Office of Science and Technology Policy shall— HISTORICAL AND REVISION NOTES (1) develop a policy for notifying Federal Revised Source (U.S. Code) Source (Statutes at Large) agencies and relevant emergency response in- Section stitutions of an impending near-Earth object 71301 ...... 42 U.S.C. 17734. Pub. L. 110–422, title IV, threat, if near-term public safety is at risk; § 407, Oct. 15, 2008, 122 and Stat. 4790. (2) recommend a Federal agency or agencies to be responsible for— § 71302. Information sharing to avoid physical or (A) protecting the United States from a radio-frequency interference near-Earth object that is expected to collide The Administrator shall, in consultation with with Earth; and other agencies of the Federal Government as the (B) implementing a deflection campaign, Administrator considers appropriate, initiate in consultation with international bodies, discussions with the appropriate representatives should one be necessary. of spacefaring nations to determine an appro- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) priate frame-work under which information in- tended to promote safe access into outer space, HISTORICAL AND REVISION NOTES operations in outer space, and return from outer space to Earth free from physical or radio-fre- Revised Source (U.S. Code) Source (Statutes at Large) Section quency interference can be shared among the 71103 ...... 42 U.S.C. 17794. Pub. L. 110–422, title VIII, nations. § 804, Oct. 15, 2008, 122 Stat. 4804. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3440.)

In the matter before paragraph (1), the date ‘‘October HISTORICAL AND REVISION NOTES 15, 2008’’ is substituted for ‘‘the date of enactment of Revised this Act’’ to reflect the date of enactment of the Na- Section Source (U.S. Code) Source (Statutes at Large) tional Aeronautics and Space Administration Author- 71302 ...... 42 U.S.C. 17821(b). Pub. L. 110–422, title XI, ization Act of 2008. § 1102(b), Oct. 15, 2008, 122 Stat. 4808. § 71104. Planetary radar FINDING The Administrator shall maintain a planetary Pub. L. 110–422, title XI, § 1102(a), Oct. 15, 2008, 122 radar that is comparable to the capability pro- Stat. 4808, provided that: ‘‘Congress finds that as more vided through the Deep Space Network countries acquire the capability for launching payloads Goldstone facility of the Administration. into outer space, there is an increasing need for a framework under which information intended to pro- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) mote safe access into outer space, operations in outer space, and return from outer space to Earth free from 1 So in original. The comma probably should be preceded by physical or radio-frequency interference can be shared ‘‘to’’. among those countries.’’