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 603. Remote Sensing ...... 60301 605. Earth Science ...... 60501 Chap. Sec. 101. Definitions ...... 10101 Subtitle VII—Access to Space Subtitle II—General Program and Policy Provisions 701. Use of space launch system or al- ternatives 2 ...... 70101 201. National Aeronautics and Space [703. Repealed.] ...... Program ...... 20101 705. Exploration Initiatives ...... 70501 203. Responsibilities and Vision ...... 20301 707. Human Space Flight Independent Investigation Commission ...... 70701 Subtitle III—Administrative 709. International Space Station ...... 70901 Provisions 711. Near-Earth Objects ...... 71101 301. Appropriations, Budgets, and Ac- 713. Cooperation for Safety Among counting ...... 30101 Spacefaring Nations ...... 71301 303. Contracting and Procurement ...... 30301 305. Management and Review ...... 30501 AMENDMENTS 307. International Cooperation and 2018—Pub. L. 115–254, div. B, title V, § 580(b)(2), Oct. 5, Competition ...... 30701 2018, 132 Stat. 3396, added item 515. 309. Awards ...... 30901 2017—Pub. L. 115–10, title IV, § 416(b), Mar. 21, 2017, 131 311. Safety ...... 31101 Stat. 35, struck out item for chapter 703 ‘‘Shuttle Pric- 313. Healthcare ...... 31301 ing Policy for Commercial and Foreign Users’’. 315. Miscellaneous ...... 31501 2015—Pub. L. 114–90, title I, § 117(b)(1), title III, § 301(a)(2), title IV, § 402(b), Nov. 25, 2015, 129 Stat. 718, Subtitle IV—Aeronautics and Space 720, 722, added item 513 and substituted ‘‘Commerce’’ Research and Education for ‘‘Commercialization’’ in item 507 and ‘‘Use of space launch system or alternatives’’ for ‘‘Use of Space Shut- 401. Aeronautics ...... 40101 tle or Alternatives’’ in item 701. 403. National Space Grant College and 2010—Pub. L. 111–314, § 4(d)(7), Dec. 18, 2010, 124 Stat. Fellowship Program ...... 40301 3443, added items 509 and 511. 405. Biomedical Research in Space ...... 40501 TABLE I 407. Environmentally Friendly Aircraft 40701 (Showing disposition of former sections of Title 15) 409. Miscellaneous ...... 40901 Title 15 Title 51 Subtitle V—Programs Targeting Former Sections New Sections 1511e ...... 50702 Commercial Opportunities 1535 ...... 50703 5601 ...... 60101 note 501. Space Commerce ...... 50101 5602 ...... 60101 503. Commercial Reusable In-Space 5611 ...... 60111 5612, 5613 ...... Rep. Transportation ...... 50301 5614 ...... 60112 505. Commercial Space Competitive- 5615(a), (b) ...... 60113 5615(c), (d) ...... Rep. ness ...... 50501 5621 to 5625 ...... 60121 to 60125 507. Office of Space Commerce ...... 50701 5631 ...... 60131 5632 ...... 60132 509. Commercial Space Launch Activi- 5633(a) to (e) ...... 60133 ties ...... 50901 5633(f), 5641(a) ...... Rep. 5641(b), (c) ...... 60134 511. Space Transportation Infrastruc- 5651 to 5658 ...... 60141 to 60148 ture Matching Grants ...... 51101 5671 ...... 60161 5672 ...... 60162 513. Space resource commercial explo- 5801 ...... 50501 note ration and utilization 1 ...... 51301 5802 ...... 50501 515. Office of Spaceports 51501 5803(a) to (c) ...... 50502 ...... 5803(d) ...... Rep. 5805 ...... Rep. 5806 ...... 50503 Subtitle VI—Earth Observations 5807 ...... 50504 5808 ...... 50506 601. Land Remote Sensing Policy ...... 60101

1 So in original. Probably should be ‘‘Space Resource Commer- 2 So in original. Probably should be ‘‘Use of Space Launch Sys- cial Exploration and Utilization’’. tem or Alternatives’’.

Page 1 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 2

TABLE II TABLE II—CONTINUED (Showing disposition of former sections of Title 42) Title 42 Title 51 Title 42 Title 51 Former Sections New Sections Former Sections New Sections 16611a(e) ...... 20303(d) 2451 ...... 20102 16611a(f) ...... Elim. 2452 ...... 20103 16611b ...... 30103(c) 2453 ...... Rep. 16611b note (Pub. L. 111–8, div. 30103(d) 2454 ...... 20131 B, title III, 123 Stat. 589). 2455(a) ...... 20132 16612 ...... note prec. 40901 2455(b) ...... 20132 note 16613 ...... 30104 2456 ...... 20133 16614 ...... 30703 2456a ...... 20134 16615 ...... 30501 2457 ...... 20135 16616, 16617 ...... Elim. 2458 to 2458c ...... 20136 to 20139 16618 ...... 30502 2459 ...... 20140 16631, 16632 ...... Rep. 2459a ...... Elim. 16633 ...... 70902 2459b ...... 20141 16634 ...... 50505 2459c ...... 20142 16635, 16636 ...... Elim. 2459d ...... 30301 16651 ...... 30503 2459e ...... 30302 16652, 16653 ...... Elim. 2459f ...... 20143 16654(a) (matter before par. 30504(a) 2459f–1 ...... 20144 (1)). 2459g ...... 30307 16654(a)(1) ...... Elim. 2459h ...... 30308(b) 16654(a)(2) ...... 30504(b) 2459i ...... 30102 16654(b), 16655(1) ...... Elim. 2459j ...... 20145 16655(2), (3) ...... 40904 2459j–1 ...... 20145 note 16656 ...... 60505 2459k ...... 20146 16657 ...... Elim. 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 2467a ...... 40902 16741 ...... 40131 2467b(a), (b) ...... 40903(b), (c) 16751 ...... 40141 2467b(c) ...... 40903(a) 16761(a), (b) ...... 70501(a), (b) 2471, 2471a ...... 20111 notes 16761(c) ...... Elim. 2472 ...... 20111 16762 ...... 70501 note 2473(a), (b) ...... 20112 16763 ...... 70502 2473(c) ...... 20113 16764 ...... 70503 2473b (1st par.) ...... 30304 16765 ...... 70904 2473b (last par.), 2473c(a) ...... Rep. 16766(1), (2) ...... 70903 2473c(b) ...... 31102 note 16766(3) ...... Elim. 2473c(c) to (h) ...... 31102 16767(a), (b) ...... 70905(b), (c) 2473d ...... 30309 16767(c) ...... Elim. 2474(a) ...... Rep. 16767(d) ...... 70905(a) 2474(b), (c) ...... 20114(a), (b) 16781 ...... 31501 2474(d) ...... Rep. 16782 ...... 70304 note 2475 ...... 20115 16791 ...... 40905 2475a(a), (b) ...... 30701(a), (b)(2) 16792 ...... 30902 2475b ...... 30702 16793 ...... Elim. 2476 ...... 20116 16794 ...... 40906 2476a ...... 20117 16795 ...... 40907 2476b ...... Rep. 16796 ...... note prec. 40901 2477 ...... 31101 16797 ...... 40908 2481 to 2484 ...... 20161 to 20164 16798(a) ...... Elim. 2486 ...... 40301 note 16798(b) ...... 40909 2486a to 2486i ...... 40301 to 40309 16811 ...... 50116 2486k ...... 40310 16821 ...... 30306 2486l ...... Rep. 16822 ...... 31301 2487 ...... 40501 note 16823 ...... 30704 2487a to 2487c ...... 40501 to 40503 16824 ...... Elim. 2487e ...... 40504 16831 ...... T. 42 § 1886a 2487f ...... 40505 16832 ...... Elim. 2487g ...... Rep. 16841 to 16850 ...... 70701 to 70710 14701 ...... 50101 17701 ...... 20102 note 14711(a) ...... 50111(a) 17702 ...... 10101 note 14711(b) ...... Rep. 17711 ...... 60501 14712(a) ...... 50112 note 17712(a) ...... Elim. 14712(b) ...... 50112 17712(b) to (d) ...... 60502(a) to (c) 14713 ...... 50113 17713(a) ...... 60503 14714 ...... 50114 17713(b) ...... Elim. 14715(a), (b) ...... 50115(a), (b) 17714 ...... 60504 14715(c) ...... Rep. 17721 ...... 40702 14715(d), (e) ...... 50115(c), (d) 17722 ...... 40703 14731 ...... 50131 17723(a) ...... 40704 note 14732 ...... 50132 17723(b), (c) ...... 40704(a), (b) 14733(a) ...... 50133 17724 ...... 40104 14733(b), (c) ...... Rep. 17731 ...... 70504 14734 ...... 50134 17732(a), (b) ...... 70505(a), (b) 14735 ...... Rep. 17732(c) ...... Elim. 14751 ...... 50301 note 17733(a) ...... 70506 note 14752 ...... 50302 17733(b) ...... 70506 14753 ...... 50301 17734 ...... 71301 16601 ...... 10101 note 17741 ...... 70507 16611(a) ...... 20301 17742 ...... 70508 16611(b) ...... 20302 17751(a) ...... 70907 16611(c) to (g) ...... Elim. 17751(b) ...... Elim. 16611(h)(1) ...... 30103(a) 17752 ...... 70906 16611(h)(2) ...... Elim. 17753 ...... Elim. 16611(i) ...... 30103(b) 17761 ...... 70501 note 16611(j) ...... Elim. 17771 ...... 50903 note 16611a(a) to (c) ...... 20303(a) to (c) 17781(a) ...... Elim. 16611a(d) ...... Elim. 17781(b) ...... 40903(d) Page 3 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 10101

TABLE II—CONTINUED trative action in effect under a source provision con- tinues in effect under the corresponding title 51 provi- Title 42 Title 51 sion. Former Sections New Sections ‘‘(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An 17781(c) ...... 40311 action taken or an offense committed under a source 17791(a) ...... 71101 provision is deemed to have been taken or committed 17791(b) ...... Elim. 17792 ...... 71101 note under the corresponding title 51 provision.’’ 17793 to 17795 ...... 71102 to 71104 17801 ...... 50111(b) REPEALS 17811(a) ...... 31502 17811(b), (c) ...... Elim. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, re- 17812(a) ...... 31503 pealed specified laws relating to national and commer- 17812(b) ...... Elim. cial space programs, except with respect to rights and 17821(a) ...... 71302 note 17821(b) ...... 71302 duties that matured, penalties that were incurred, or 17822 ...... 31302 proceedings that were begun before Dec. 18, 2010. 17823 ...... 20305 17824 ...... 30305 17825(a), (b) ...... Elim. Subtitle I—General 17825(c) ...... 60506 17826 ...... Elim. 17827 ...... 30310 CHAPTER 101—DEFINITIONS 17828 ...... 31504 17829 ...... 31505 Sec. 10101. Definitions. ENACTMENT OF TITLE § 10101. Definitions Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3328, pro- vided in part that: ‘‘Title 51, United States Code, ‘Na- In this title: 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. Pub. L. 111–314, § 2, Dec. 18, 2010, 124 Stat. 3328, pro- (2) ADMINISTRATOR.—The term ‘‘Adminis- 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- lated to national and commercial space programs as a (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3329.) 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 2018 AMENDMENT TRANSITIONAL AND SAVINGS PROVISIONS Pub. L. 115–403, § 1, Dec. 31, 2018, 132 Stat. 5348, pro- Pub. L. 111–314, § 5, Dec. 18, 2010, 124 Stat. 3443, pro- vided that: ‘‘This Act [amending section 20145 of this vided that: title] may be cited as the ‘NASA Enhanced Use Leasing ‘‘(a) DEFINITIONS.—In this section: Extension Act of 2018’.’’ ‘‘(1) SOURCE PROVISION.—The term ‘source provision’ means a provision of law that is replaced by a title 51 SHORT TITLE OF 2017 AMENDMENT provision. ‘‘(2) TITLE 51 PROVISION.—The term ‘title 51 provi- Pub. L. 115–10, § 1(a), Mar. 21, 2017, 131 Stat. 18, pro- sion’ means a provision of title 51, United States vided that: ‘‘This Act [see Tables for classification] Code, that is enacted by section 3. may be cited as the ‘National Aeronautics and Space ‘‘(b) CUTOFF DATE.—The title 51 provisions replace Administration Transition Authorization Act of 2017’.’’ certain provisions of law enacted on or before July 1, Pub. L. 115–10, title IV, § 441, Mar. 21, 2017, 131 Stat. 44, 2009. If a law enacted after that date amends or repeals provided that: ‘‘This subtitle [subtitle D (§§ 441–443) of a source provision, that law is deemed to amend or re- title IV of Pub. L. 115–10, enacting section 20149 of this peal, as the case may be, the corresponding title 51 pro- title and provisions set out as notes under section 20149 vision. If a law enacted after that date is otherwise in- of this title] may be cited as the ‘To Research, Evalu- consistent with a title 51 provision or a provision of ate, Assess, and Treat Astronauts Act’ or the ‘TREAT this Act [see Tables for classification], that law super- Astronauts Act’.’’ sedes the title 51 provision or provision of this Act to SHORT TITLE OF 2015 AMENDMENT the extent of the inconsistency. ‘‘(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For Pub. L. 114–90, § 1(a), Nov. 25, 2015, 129 Stat. 704, pro- purposes of determining whether one provision of law vided that: ‘‘This Act [enacting chapter 513 and sec- supersedes another based on enactment later in time, a tions 60126 and 70104 of this title, amending sections title 51 provision is deemed to have been enacted on the 20113, 50131, 50701, 50702, 50901, 50902, 50904 to 50908, 50914, date of enactment of the corresponding source provi- 50915, 50919, 70101 to 70103, and 70907 of this title and sec- sion. tions 18351, 18353, and 18354 of Title 42, The Public ‘‘(d) REFERENCES TO TITLE 51 PROVISIONS.—A ref- Health and Welfare, and enacting provisions set out as erence to a title 51 provision is deemed to refer to the notes under this section and sections 20113 and 50918 of corresponding source provision. this title] may be cited as the ‘U.S. Commercial Space ‘‘(e) REFERENCES TO SOURCE PROVISIONS.—A reference Launch Competitiveness Act’.’’ to a source provision, including a reference in a regula- Pub. L. 114–90, title I, § 101, Nov. 25, 2015, 129 Stat. 705, tion, order, or other law, is deemed to refer to the cor- provided that: ‘‘This title [enacting section 70104 of this responding title 51 provision. title, amending sections 20113, 50131, 50901, 50902, 50904 ‘‘(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRA- to 50908, 50914, 50915, 50919, 70101 to 70103, and 70907 of TIVE ACTIONS.—A regulation, order, or other adminis- this title and sections 18351, 18353, and 18354 of Title 42, § 10101 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 4

The Public Health and Welfare, and enacting provisions ‘‘(1) ADMINISTRATION.—The term ‘Administration’ set out as notes under sections 20113 and 50918 of this means the National Aeronautics and Space Adminis- title] may be cited as the ‘Spurring Private Aerospace tration. Competitiveness and Entrepreneurship Act of 2015’ or ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ ‘SPACE Act of 2015’.’’ means the Administrator of the National Aeronautics Pub. L. 114–90, title IV, § 401, Nov. 25, 2015, 129 Stat. and Space Administration. 720, provided that: ‘‘This title [enacting chapter 513 of ‘‘(3) APPROPRIATE COMMITTEES OF CONGRESS.—The this title] may be cited as the ‘Space Resource Explo- term ‘appropriate committees of Congress’ means— ration and Utilization Act of 2015’.’’ ‘‘(A) the Committee on Commerce, Science, and Transportation of the Senate; and SHORT TITLE OF 2013 AMENDMENT ‘‘(B) the Committee on Science, Space, and Tech- Pub. L. 112–273, § 1, Jan. 14, 2013, 126 Stat. 2454, pro- nology of the House of Representatives. vided that: ‘‘This Act [amending section 50915 of this ‘‘(4) CIS-LUNAR SPACE.—The term ‘cis-lunar space’ title, section 18313 of Title 42, The Public Health and means the region of space from the Earth out to and Welfare, and provisions set out as a note under section including the region around the surface of the Moon. 1701 of Title 50, War and National Defense] may be cited ‘‘(5) DEEP SPACE.—The term ‘deep space’ means the as the ‘Space Exploration Sustainability Act’.’’ region of space beyond low-Earth orbit, to include cis-lunar space. SHORT TITLE OF 2008 ACT ‘‘(6) GOVERNMENT ASTRONAUT.—The term ‘govern- Pub. L. 110–422, § 1(a), Oct. 15, 2008, 122 Stat. 4779, pro- ment astronaut’ has the meaning given the term in vided that: ‘‘This Act [see Tables for classification] section 50902 of title 51, United States Code. may be cited as the ‘National Aeronautics and Space ‘‘(7) ISS.—The term ‘ISS’ means the International Administration Authorization Act of 2008’.’’ Space Station. ‘‘(8) ISS MANAGEMENT ENTITY.—The term ‘ISS man- SHORT TITLE OF 2005 ACT agement entity’ means the organization with which Pub. L. 109–155, § 1(a), Dec. 30, 2005, 119 Stat. 2895, pro- the Administrator has a cooperative agreement under vided that: ‘‘This Act [see Tables for classification] section 504(a) of the National Aeronautics and Space may be cited as the ‘National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. Administration Authorization Act of 2005’.’’ 18354(a)). ‘‘(9) NASA.—The term ‘NASA’ means the National SHORT TITLE OF 2004 ACT Aeronautics and Space Administration. Pub. L. 108–492, § 1, Dec. 23, 2004, 118 Stat. 3974, pro- ‘‘(10) ORION.—The term ‘Orion’ means the multi- vided that: ‘‘This Act [see Tables for classification] purpose crew vehicle described under section 303 of may be cited as the ‘Commercial Space Launch Amend- the National Aeronautics and Space Administration ments Act of 2004’.’’ Authorization Act of 2010 (42 U.S.C. 18323). ‘‘(11) SPACE LAUNCH SYSTEM.—The term ‘Space SHORT TITLE OF 2002 ACT Launch System’ has the meaning given the term in Pub. L. 107–248, title IX, § 901, Oct. 23, 2002, 116 Stat. section 3 of the National Aeronautics and Space Ad- 1573, provided that: ‘‘This title [see Tables for classi- ministration Authorization Act of 2010 (42 U.S.C. fication] may be cited as the ‘Commercial Reusable In- 18302). Space Transportation Act of 2002’.’’ ‘‘(12) UNITED STATES GOVERNMENT ASTRONAUT.—The term ‘United States government astronaut’ has the SHORT TITLE OF 2000 ACT meaning given the term ‘government astronaut’ in Pub. L. 106–405, § 1, Nov. 1, 2000, 114 Stat. 1751, pro- section 50902 of title 51, United States Code, except it vided that: ‘‘This Act [see Tables for classification] does not include an individual who is an inter- may be cited as the ‘Commercial Space Transportation national partner astronaut.’’ Competitiveness Act of 2000’.’’ Pub. L. 111–358, title II, § 206, Jan. 4, 2011, 124 Stat. 3996, provided that: ‘‘In this title [amending section SHORT TITLE OF 1998 ACT 18421 of Title 42, The Public Health and Welfare, and en- Pub. L. 105–303, § 1(a), Oct. 28, 1998, 112 Stat. 2843, pro- acting provisions set out as notes under section 20303 of vided that: ‘‘This Act [see Tables for classification] this title, preceding sections 30501 and 40901 of this may be cited as the ‘Commercial Space Act of 1998’.’’ title, and under section 18421 of Title 42]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ SHORT TITLE OF 1992 ACT means the Administrator of NASA. Pub. L. 102–555, § 1, Oct. 28, 1992, 106 Stat. 4163, pro- ‘‘(2) NASA.—The term ‘NASA’ means the National vided that: ‘‘This Act [see Tables for classification] Aeronautics and Space Administration.’’ may be cited as the ‘Land Remote Sensing Policy Act Pub. L. 110–422, § 3, Oct. 15, 2008, 122 Stat. 4782, pro- of 1992’.’’ vided that: ‘‘In this Act [see Short Title of 2008 Act note above]: SHORT TITLE OF 1990 ACT ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ Pub. L. 101–611, title II, § 201, Nov. 16, 1990, 104 Stat. means the Administrator of NASA. 3205, provided that: ‘‘This title [see Tables for classi- ‘‘(2) NASA.—The term ‘NASA’ means the National fication] may be cited as the ‘Launch Services Pur- Aeronautics and Space Administration. chase Act of 1990’.’’ ‘‘(3) NOAA.—The term ‘NOAA’ means the National Oceanic and Atmospheric Administration. SHORT TITLE OF 1987 ACT ‘‘(4) OSTP.—The term ‘OSTP’ means the Office of Pub. L. 100–147, title II, § 201, Oct. 30, 1987, 101 Stat. Science and Technology Policy.’’ 869, provided that: ‘‘This title [see Tables for classifica- Pub. L. 109–155, § 2, Dec. 30, 2005, 119 Stat. 2897, pro- tion] may be cited as the ‘National Space Grant College vided that: ‘‘In this Act [see Short Title of 2005 Act and Fellowship Act’.’’ note above]: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ SHORT TITLE OF 1958 ACT means the Administrator of the National Aeronautics Pub. L. 85–568, title I, § 101, July 29, 1958, 72 Stat. 426, and Space Administration. provided that: ‘‘This Act [see Tables for classification] ‘‘(2) ISS.—The term ‘ISS’ means the International may be cited as the ‘National Aeronautics and Space Space Station. Act of 1958’.’’ ‘‘(3) NASA.—The term ‘NASA’ means the National Aeronautics and Space Administration.’’ DEFINITIONS Pub. L. 106–391, § 3, Oct. 30, 2000, 114 Stat. 1579, pro- Pub. L. 115–10, § 2, Mar. 21, 2017, 131 Stat. 19, provided vided that: ‘‘For purposes of this Act [see Tables for that: ‘‘In this Act [see Tables for classification]: classification]— Page 5 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20102

‘‘(1) the term ‘Administrator’ means the Adminis- Sec. trator of the National Aeronautics and Space Admin- 20112. Functions of the Administration. istration; 20113. Powers of the Administration in performance ‘‘(2) the term ‘commercial provider’ means any per- of functions. son providing space transportation services or other 20114. Administration and Department of Defense space-related activities, the primary control of which coordination. is held by persons other than a Federal, State, local, 20115. International cooperation. or foreign government; 20116. Reports to Congress. ‘‘(3) the term ‘critical path’ means the sequence of 20117. Disposal of excess land. events of a schedule of events under which a delay in SUBCHAPTER III—GENERAL ADMINISTRATIVE any event causes a delay in the overall schedule; PROVISIONS ‘‘(4) the term ‘grant agreement’ has the meaning given that term in section 6302(2) of title 31, United 20131. Public access to information. States Code; 20132. Security requirements. ‘‘(5) the term ‘institution of higher education’ has 20133. Permission to carry firearms. the meaning given such term in section 101 of the 20134. Arrest authority. Higher Education Act of 1965 (20 U.S.C. 1001); 20135. Property rights in inventions. ‘‘(6) the term ‘State’ means each of the several 20136. Contributions awards. States of the United States, the District of Columbia, 20137. Malpractice and negligence suits against the Commonwealth of Puerto Rico, the Virgin Is- United States. lands, Guam, American Samoa, the Commonwealth of 20138. Insurance and indemnification. the Northern Mariana Islands, and any other com- 20139. Insurance for experimental aerospace vehi- monwealth, territory, or possession of the United cles. States; and 20140. Appropriations. ‘‘(7) the term ‘United States commercial provider’ 20141. Misuse of agency name and initials. means a commercial provider, organized under the 20142. Contracts regarding expendable launch vehi- laws of the United States or of a State, which is— cles. ‘‘(A) more than 50 percent owned by United States 20143. Full cost appropriations account structure. nationals; or 20144. Prize authority. ‘‘(B) a subsidiary of a foreign company and the 20145. Lease of non-excess property. Secretary of Commerce finds that— 20146. Retrocession of jurisdiction. ‘‘(i) such subsidiary has in the past evidenced a 20147. Recovery and disposition authority. substantial commitment to the United States 20148. Indemnification; NASA launch services and market through— reentry services. ‘‘(I) investments in the United States in long- 20149. Medical monitoring and research relating to term research, development, and manufacturing human space flight. (including the manufacture of major compo- SUBCHAPTER IV—UPPER ATMOSPHERE nents and subassemblies); and RESEARCH ‘‘(II) significant contributions to employment in the United States; and 20161. Congressional declaration of purpose and pol- ‘‘(ii) the country or countries in which such for- icy. eign company is incorporated or organized, and, if 20162. Definition of upper atmosphere. appropriate, in which it principally conducts its 20163. Program authorized. business, affords reciprocal treatment to compa- 20164. International cooperation. nies described in subparagraph (A) comparable to AMENDMENTS that afforded to such foreign company’s subsidi- ary in the United States, as evidenced by— 2017—Pub. L. 115–10, title III, § 305(b), title IV, § 443(b), ‘‘(I) providing comparable opportunities for Mar. 21, 2017, 131 Stat. 32, 47, added items 20148 and companies described in subparagraph (A) to par- 20149. ticipate in Government sponsored research and development similar to that authorized under SUBCHAPTER I—SHORT TITLE, DECLARA- this Act; TION OF POLICY, AND DEFINITIONS ‘‘(II) providing no barriers to companies de- scribed in subparagraph (A) with respect to § 20101. Short title local investment opportunities that are not pro- vided to foreign companies in the United This chapter may be cited as the ‘‘National States; and Aeronautics and Space Act’’. ‘‘(III) providing adequate and effective protec- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3330.) tion for the intellectual property rights of com- panies described in subparagraph (A).’’ HISTORICAL AND REVISION NOTES

Revised Subtitle II—General Program and Section Source (U.S. Code) Source (Statutes at Large) Policy Provisions 20101 ...... (no source) CHAPTER 201—NATIONAL AERONAUTICS AND SPACE PROGRAM Chapter 201 of title 51 restates the National Aero- nautics and Space Act of 1958. Although short titles are SUBCHAPTER I—SHORT TITLE, DECLARATION OF generally eliminated as unnecessary in positive law POLICY, AND DEFINITIONS titles of the United States Code, in this case it was sug- gested that the short title ‘‘National Aeronautics and Sec. 20101. Short title. Space Act’’ be provided for convenience. 20102. Congressional declaration of policy and pur- § 20102. Congressional declaration of policy and pose. 20103. Definitions. purpose SUBCHAPTER II—COORDINATION OF (a) DEVOTION OF SPACE ACTIVITIES TO PEACE- AERONAUTICAL AND SPACE ACTIVITIES FUL PURPOSES FOR BENEFIT OF ALL HUMAN- 20111. National Aeronautics and Space Administra- KIND.—Congress declares that it is the policy of tion. the United States that activities in space should § 20102 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 6 be devoted to peaceful purposes for the benefit (9) The preservation of the United States of all humankind. preeminent position in aeronautics and space (b) AERONAUTICAL AND SPACE ACTIVITIES FOR through research and technology development WELFARE AND SECURITY OF UNITED STATES.— related to associated manufacturing processes. Congress declares that the general welfare and (10) The search for life’s origin, evolution, security of the United States require that ade- distribution, and future in the universe. 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 (including the research and development nec- jectives of developing energy and petroleum- essary to make effective provision for the de- conserving ground propulsion systems, and of fense of the United States) shall be the respon- minimizing the environmental degradation sibility of, and shall be directed by, the Depart- caused by such systems. (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 President. States requires that the unique competence of (c) COMMERCIAL USE OF SPACE.—Congress de- the Administration in science and engineering clares that the general welfare of the United systems be directed to assisting in bioengineer- States requires that the Administration seek ing research, development, and demonstration and encourage, to the maximum extent possible, programs designed to alleviate and minimize the the fullest commercial use of space. effects of disability. (d) OBJECTIVES OF AERONAUTICAL AND SPACE (g) WARNING AND MITIGATION OF POTENTIAL ACTIVITIES.—The aeronautical and space activi- HAZARDS OF NEAR-EARTH OBJECTS.—Congress de- ties of the United States shall be conducted so clares that the general welfare and security of as to contribute materially to one or more of the United States require that the unique com- the following objectives: petence of the Administration be directed to de- (1) The expansion of human knowledge of the tecting, tracking, cataloguing, and characteriz- Earth and of phenomena in the atmosphere ing near-Earth asteroids and comets in order to and space. provide warning and mitigation of the potential (2) The improvement of the usefulness, per- hazard of such near-Earth objects to the Earth. formance, speed, safety, and efficiency of aero- (h) PURPOSE OF CHAPTER.—It is the purpose of nautical and space vehicles. this chapter to carry out and effectuate the poli- (3) The development and operation of vehi- cies declared in subsections (a) to (g). cles capable of carrying instruments, equip- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3330; ment, supplies, and living organisms through Pub. L. 115–10, title V, § 507, Mar. 21, 2017, 131 space. Stat. 50.) (4) The establishment of long-range studies of the potential benefits to be gained from, the HISTORICAL AND REVISION NOTES opportunities for, and the problems involved Revised in the utilization of aeronautical and space ac- Section Source (U.S. Code) Source (Statutes at Large) tivities for peaceful and scientific purposes. (5) The preservation of the role of the United 20102 ...... 42 U.S.C. 2451. Pub. L. 85–568, title I, § 102, July 29, 1958, 72 Stat. 426; States as a leader in aeronautical and space Pub. L. 94–413, § 15(a), (b), science and technology and in the application Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–238, title III, thereof to the conduct of peaceful activities § 311, Feb. 25, 1978, 92 Stat. within and outside the atmosphere. 83; Pub. L. 95–401, § 7, Sept. 30, 1978, 92 Stat. 860; Pub. (6) The making available to agencies di- L. 98–361, title I, § 110, rectly concerned with national defense of dis- July 16, 1984, 98 Stat. 426; Pub. L. 100–685, title II, coveries that have military value or signifi- § 214, Nov. 17, 1988, 102 cance, and the furnishing by such agencies, to Stat. 4093; Pub. L. 106–391, title III, § 302(a), Oct. 30, the civilian agency established to direct and 2000, 114 Stat. 1591; Pub. L. control nonmilitary aeronautical and space 109–155, title III, § 321(d)(2), Dec. 30, 2005, 119 Stat. activities, of information as to discoveries 2923. which have value or significance to that agen- cy. In subsection (b), the words ‘‘in conformity with sec- (7) Cooperation by the United States with tion 201(e)’’, which appeared at the end of the sub- other nations and groups of nations in work section, are omitted as obsolete. Section 201 of Public done pursuant to this chapter and in the Law 85–568, which was classified to former section 2471 peaceful application of the results thereof. of title 42 (last appearing in the 1970 edition of the (8) The most effective utilization of the sci- United States Code), established the National Aero- nautics and Space Council, with the functions of the entific and engineering resources of the United Council specified in section 201(e). Those functions in- States, with close cooperation among all in- cluded advising the President ‘‘as he may request’’ with terested agencies of the United States in order respect to promoting cooperation and resolving dif- to avoid unnecessary duplication of effort, fa- ferences among agencies of the United States engaged cilities, and equipment. in aeronautical and space activities. The words are ob- Page 7 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20102 solete because section 3(a)(4) of Reorganization Plan ity. Such investments represent the critically impor- No. 1 of 1973 (5 App. U.S.C.), abolished the National tant ‘seed corn’ on which NASA’s ability to carry out Aeronautics and Space Council, including the office of challenging and productive missions in the future Executive Secretary of the Council, together with its will depend. functions. ‘‘(11) NASA, through its pursuit of challenging and In subsection (c), the words ‘‘(as established by title relevant activities, can provide an important stimu- II of this Act)’’, which appeared after ‘‘Administra- lus to the next generation to pursue careers in tion’’, are omitted as unnecessary. science, technology, engineering, and mathematics. In subsection (d), the word ‘‘and’’, appearing at the ‘‘(12) Commercial activities have substantially con- end of paragraph (8), is omitted as unnecessary because tributed to the strength of both the United States of the introductory words ‘‘one or more of the follow- space program and the national economy, and the de- ing’’. velopment of a healthy and robust United States commercial space sector should continue to be en- AMENDMENTS couraged. 2017—Subsec. (d)(10). Pub. L. 115–10 added par. (10). ‘‘(13) It is in the national interest for the United States to have an export control policy that protects CONGRESSIONAL FINDINGS AND POLICY the national security while also enabling the United Pub. L. 110–422, § 2, Oct. 15, 2008, 122 Stat. 4781, pro- States aerospace industry to compete effectively in vided that: ‘‘The Congress finds, on this, the 50th anni- the global market place and the United States to un- versary of the establishment of the National Aero- dertake cooperative programs in science and human nautics and Space Administration, the following: space flight in an effective and efficient manner.’’ ‘‘(1) NASA [National Aeronautics and Space Admin- Pub. L. 102–195, §§ 2, 3, Dec. 9, 1991, 105 Stat. 1605, 1606, istration] is and should remain a multimission agen- provided that: 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 ‘‘(B) protecting the environment; research programs outside of the National Aero- ‘‘(C) promoting the security of the Nation; and nautics and Space Administration is essential to the ‘‘(D) retaining the leadership of the United States future of the United States civil space program; in global aviation. ‘‘(7) Human and robotic exploration of the solar ‘‘(8) the strengthening and expansion of the Na- system will be a significant long-term undertaking of tion’s space transportation infrastructure, including humanity in the 21st century and beyond, and it is in the enhancement of launch sites and launch site sup- the national interest that the United States should port facilities, are essential to support the full range assume a leadership role in a cooperative inter- of the Nation’s space-related activities; ‘‘(9) the aeronautical program contributes to the national exploration initiative. ‘‘(8) Developing United States human space flight Nation’s technological competitive advantage, and it capabilities to allow independent American access to has been a key factor in maintaining preeminence in the International Space Station, and to explore be- aviation over many decades; and ‘‘(10) the National Aero Space Plane program can yond low Earth orbit, is a strategically important na- have benefits to the military and civilian aviation tional imperative, and all prudent steps should thus programs from the new and innovative technologies be taken to bring the Orion Crew Exploration Vehicle developed in propulsion systems, aerodynamics, and and Ares I Crew Launch Vehicle to full operational control systems that could be enormous, especially capability as soon as possible and to ensure the effec- for high-speed aeronautical and space flight. tive development of a United States heavy lift launch capability for missions beyond low Earth orbit. ‘‘SEC. 3. POLICY. ‘‘(9) NASA’s scientific research activities have con- ‘‘It is the policy of the United States that— tributed much to the advancement of knowledge, pro- ‘‘(1) the Administrator of the National Aeronautics vided societal benefits, and helped train the next gen- and Space Administration (hereinafter referred to as eration of scientists and engineers, and those activi- the ‘Administrator’), in planning for national pro- ties should continue to be an important priority. grams in environmental study and human space ‘‘(10) NASA should make a sustained commitment flight and exploration, should ensure the resiliency of to a robust long-term technology development activ- the space infrastructure; § 20102 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 8

‘‘(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 ‘‘(5) the National Aeronautics and Space Adminis- decline in real spending for such program since the tration should promote and support efforts to ad- achievements of the Apollo moon program; ‘‘(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.’’ Pub. L. 101–611, title I, §§ 101, 102, Nov. 16, 1990, 104 ‘‘(4) promote and support efforts to advance sci- Stat. 3188, 3189, provided that: entific understanding by conducting or otherwise pro- 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; sonic transportation, human exploration, and emerg- ‘‘(6) maintain an active fleet of space shuttle orbit- ing technology commercialization; ers, including an adequate provision of structural ‘‘(2) the United States aeronautics and space pro- spare parts, and evolve the orbiter design to improve gram is supported by an overwhelming majority of safety and performance, and reduce operational costs; the American people; ‘‘(7) sustain a mixed fleet by utilizing commercial ‘‘(3) the United States aeronautics and space pro- expendable launch vehicle services to the fullest ex- gram genuinely reflects our Nation’s pioneer heritage tent practicable; and demonstrates our quest for leadership, economic ‘‘(8) support an aggressive program of research and growth, and human understanding; development designed to enhance the United States ‘‘(4) the United States space program is based on a preeminence in launch vehicles; solid record of achievement and continues to promote ‘‘(9) continue and complete on schedule the develop- the objective of international cooperation in the ex- ment and deployment of a permanently manned, fully ploration of the planets and the universe; capable, space station; ‘‘(5) the United States aeronautics and space pro- ‘‘(10) develop an advanced, high pressure space suit gram generates critical technology breakthroughs to support extravehicular activity that will be re- that benefit our economy through new products and quired for Space Station Freedom when Assembly processes that significantly improve our standard of Complete is reached; living; ‘‘(6) the United States aeronautics and space pro- ‘‘(11) establish a dual capability for logistics and re- gram excites the imagination of every generation and supply of the space station utilizing the space shuttle can stimulate the youth of our Nation toward the and expendable launch vehicles, including commer- pursuit of excellence in the fields of science, engi- cial services if available; neering, and mathematics; ‘‘(12) continue to seek opportunities for inter- ‘‘(7) the United States aeronautics and space pro- national cooperation in space and fully support inter- gram contributes to the Nation’s technological com- national cooperative agreements; petitive advantage; ‘‘(13) maintain an aggressive program of aeronauti- ‘‘(8) the United States aeronautics and space pro- cal research and technology development designed to gram requires a sustained commitment of financial enhance the United States preeminence in civil and and human resources as a share of the Nation’s Gross military aviation and improve the safety and effi- National Product; ciency of the United States air transportation sys- ‘‘(9) the United States space transportation system tem; will depend upon a robust fleet of space shuttle orbit- ‘‘(14) conduct a program of technology maturation, ers and expendable and reusable launch vehicles and including flight demonstration in 1997, to prove the services; feasibility of an air-breathing, hypersonic aerospace ‘‘(10) the United States space program will be ad- plane capable of single-stage-to-orbit operation and vanced with an assured funding stream for the devel- hypersonic cruise in the atmosphere; opment of a permanently manned space station with ‘‘(15) seek innovative technologies that will make research, experimentation, observation, servicing, possible advanced human exploration initiatives, manufacturing, and staging capabilities for lunar and such as the establishment of a lunar base and the suc- Mars missions; ceeding mission to Mars, and provide high yield tech- ‘‘(11) the United States aeronautics program has nology advancements for the national economy; and been a key factor in maintaining preeminence in ‘‘(16) enhance the human resources of the Nation aviation over many decades; and the quality of education.’’ ‘‘(12) the United States needs to maintain a strong NATIONAL AERONAUTICS AND SPACE CAPITAL program with respect to transatmospheric research DEVELOPMENT PROGRAM and technology by developing and demonstrating Na- tional Aero-Space Plane technology by a mid-decade Pub. L. 100–685, title I, § 101, Nov. 17, 1988, 102 Stat date certain; 4083, provided that: ‘‘Congress finds that— ‘‘(13) the National Aeronautics and Space Adminis- ‘‘(1) in accordance with section 106 of the National tration is primarily responsible for formulating and Aeronautics and Space Administration Authorization Page 9 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20103

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.’’ ‘‘(11) NASA’s personnel are an integral component and resource for the Nation’s space program, and an § 20103. Definitions innovative personnel system should be developed; ‘‘(12) the establishment of a permanent presence in In this chapter: space leading ultimately to space settlements is fully (1) AERONAUTICAL AND SPACE ACTIVITIES.— consistent with the goals of the National Aeronautics The term ‘‘aeronautical and space activities’’ and Space Act of 1958 [see 51 U.S.C. 20101 et seq.]; ‘‘(13) the United States civil space activities should means— contribute significantly to enhancing the Nation’s (A) research into, and the solution of, scientific and technological leadership, economy, problems of flight within and outside the pride, and sense of well-being, as well as United Earth’s atmosphere; States world prestige and leadership; (B) the development, construction, testing, ‘‘(14) civil sector activities should be comprised of and operation for research purposes of aero- a balanced strategy of research, development, oper- nautical and space vehicles; ations, and technology for science, exploration, and (C) the operation of a space transportation appropriate applications; ‘‘(15) assured access to space, sufficient to achieve system including the space shuttle, upper all United States space goals, is an essential element stages, space platforms, and related equip- of United States space policy, and the United States ment; and space transportation systems must provide a bal- (D) such other activities as may be re- anced, robust, and flexible capability with sufficient quired for the exploration of space. resiliency to allow continued operation despite fail- ures in any single system; (2) AERONAUTICAL AND SPACE VEHICLES.—The ‘‘(16) the goals of the United States space transpor- term ‘‘aeronautical and space vehicles’’ means tation system are— aircraft, missiles, satellites, and other space § 20111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 10

vehicles, manned and unmanned, together ations and investments and information security pro- with related equipment, devices, components, grams for the protection of NASA systems; and parts. ‘‘(2) ensure the NASA Chief Information Officer has the appropriate resources and insight to oversee (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3332.) NASA information technology and information secu- rity operations and investments; HISTORICAL AND REVISION NOTES ‘‘(3) provide an information technology program management framework to increase the efficiency Revised Section Source (U.S. Code) Source (Statutes at Large) and effectiveness of information technology invest- ments, including relying on metrics for identifying 20103 ...... 42 U.S.C. 2452. Pub. L. 85–568, title I, § 103, and reducing potential duplication, waste, and cost; July 29, 1958, 72 Stat. 427; Pub. L. 98–52, title I, § 108, ‘‘(4) improve the operational linkage between the July 15, 1983, 97 Stat. 285. NASA Chief Information Officer and each NASA mis- sion directorate, center, and mission support office to In paragraph (1)(A), the word ‘‘Earth’s’’ is capitalized ensure both agency and mission needs are considered for consistency in title 51. in agency-wide information technology and informa- tion security management and oversight; SUBCHAPTER II—COORDINATION OF ‘‘(5) review the portfolio of information technology AERONAUTICAL AND SPACE ACTIVITIES investments and spending, including information technology-related investments included as part of § 20111. National Aeronautics and Space Admin- activities within NASA mission directorates that istration may not be considered information technology, to en- sure investments are recognized and reported appro- (a) ESTABLISHMENT AND APPOINTMENT OF AD- priately based on guidance from the Office of Man- MINISTRATOR.—There is established the National agement and Budget; Aeronautics and Space Administration. The Ad- ‘‘(6) consider appropriate revisions to the charters ministration shall be headed by an Adminis- of information technology boards and councils that trator, who shall be appointed from civilian life inform information technology investment and oper- by the President by and with the advice and con- ation decisions; and sent of the Senate. Under the supervision and di- ‘‘(7) consider whether the NASA Chief Information Officer should have a seat on any boards or councils rection of the President, the Administrator described in paragraph (6). shall be responsible for the exercise of all powers ‘‘(b) GAO STUDY.— and the discharge of all duties of the Adminis- ‘‘(1) STUDY.—The Comptroller General of the United tration and shall have authority and control States shall conduct a study of the effectiveness of over all personnel and activities thereof. the Administration’s Information Technology Gov- (b) DEPUTY ADMINISTRATOR.—There shall be in ernance in ensuring information technology re- the Administration a Deputy Administrator, sources are aligned with agency missions and are cost who shall be appointed from civilian life by the effective and secure. ‘‘(2) CONTENTS.—The study shall include an assess- President by and with the advice and consent of ment of— the Senate. The Deputy Administrator shall per- ‘‘(A) the resources available for overseeing Ad- form such duties and exercise such powers as the ministration-wide information technology oper- Administrator may prescribe. The Deputy Ad- ations, investments, and security measures and the ministrator shall act for, and exercise the pow- NASA Chief Information Officer’s visibility and in- ers of, the Administrator during the Adminis- volvement into information technology oversight trator’s absence or disability. and access to those resources; ‘‘(B) the effectiveness and challenges of the Ad- (c) RESTRICTION ON OTHER BUSINESS OR EM- ministration’s information technology structure, PLOYMENT.—The Administrator and the Deputy decision making processes and authorities, includ- Administrator shall not engage in any other ing impacts on its ability to implement informa- business, vocation, or employment while serving tion security; and as such. ‘‘(C) the impact of NASA Chief Information Offi- cer approval authority over information technology (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3332.) investments that exceed a defined monetary thresh- HISTORICAL AND REVISION NOTES old, including any potential impacts of such au- thority on the Administration’s missions, flights programs and projects, research activities, and Cen- Revised Source (U.S. Code) Source (Statutes at Large) Section ter operations. 20111 ...... 42 U.S.C. 2472. Pub. L. 85–568, title II, § 202, ‘‘(3) REPORT.—Not later than 1 year after the date July 29, 1958, 72 Stat. 429; of enactment of this Act [Mar. 21, 2017], the Comp- Pub. L. 88–426, title III, troller General shall submit to the appropriate com- § 305(12), Aug. 14, 1964, 78 Stat. 423. mittees of Congress [Committee on Science, Space, and Technology of the House of Representatives and Committee on Commerce, Science, and Transpor- AGENCY INFORMATION TECHNOLOGY AND CYBERSECURITY tation of the Senate] a report detailing the results of Pub. L. 115–10, title VIII, §§ 811–813, Mar. 21, 2017, 131 the study under paragraph (1), including any recom- Stat. 58–60, provided that: mendations. ‘‘SEC. 811. INFORMATION TECHNOLOGY GOVERN- ‘‘SEC. 812. INFORMATION TECHNOLOGY STRATEGIC ANCE. PLAN. ‘‘(a) IN GENERAL.—The Administrator [of the Na- ‘‘(a) IN GENERAL.—Subject to subsection (b), the Ad- tional Aeronautics and Space Administration] shall, in ministrator [of the National Aeronautics and Space Ad- a manner that reflects the unique nature of NASA [Na- ministration] shall develop an information technology tional Aeronautics and Space Administration]’s mis- strategic plan to guide NASA [National Aeronautics sion and expertise— and Space Administration] information technology ‘‘(1) ensure the NASA Chief Information Officer, management and strategic objectives. Mission Directorates, and Centers have appropriate ‘‘(b) REQUIREMENTS.—In developing the strategic roles in the management, governance, and oversight plan, the Administrator shall ensure that the strategic processes related to information technology oper- plan addresses— Page 11 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20111

‘‘(1) the deadline under section 306(a) of title 5, ‘‘(B) an agency-wide risk management framework United States Code; and for information security; ‘‘(2) the requirements under section 3506 of title 44, ‘‘(C) a description of the information security sys- United States Code. tem management controls and common controls ‘‘(c) CONTENTS.—The strategic plan shall address, in a that are necessary to ensure compliance with infor- manner that reflects the unique nature of NASA’s mis- mation security-related requirements; sion and expertise— ‘‘(D) an identification and assignment of roles, re- ‘‘(1) near and long-term goals and objectives for sponsibilities, and management commitment for in- leveraging information technology; formation security at the agency; ‘‘(2) a plan for how NASA will submit to Congress ‘‘(E) coordination among organizational entities, of [sic] a list of information technology projects, in- including between each center, facility, mission di- cluding completion dates and risk level in accordance rectorate, and mission support office, and among with guidance from the Office of Management and agency entities responsible for different aspects of Budget; information security; ‘‘(3) an implementation overview for an agency- ‘‘(F) the need to protect the information security wide approach to information technology invest- of mission-critical systems and activities and high- ments and operations, including reducing barriers to impact and moderate-impact information systems; cross-center collaboration; and ‘‘(4) coordination by the NASA Chief Information ‘‘(G) a schedule of frequent reviews and updates, Officer with centers and mission directorates to en- as necessary, of the plan.’’ sure that information technology policies are effec- tively and efficiently implemented across the agency; COLLABORATION AMONG MISSION DIRECTORATES ‘‘(5) a plan to increase the efficiency and effective- Pub. L. 115–10, title VIII, § 821, Mar. 21, 2017, 131 Stat. ness of information technology investments, includ- 61, provided that: ing a description of how unnecessarily duplicative, wasteful, legacy, or outdated information technology The Administrator [of the National Aero- across NASA will be identified and eliminated, and a nautics and Space Administration] shall encour- schedule for the identification and elimination of age an interdisciplinary approach among all such information technology; NASA [National Aeronautics and Space Admin- ‘‘(6) a plan for improving the information security istration] mission directorates and divisions, of agency information and agency information sys- whenever appropriate, for projects or missions— tems, including improving security control assess- (1) to improve coordination, and encourage ments and role-based security training of employees; and collaboration and early planning on scope; ‘‘(7) submission by NASA to Congress of informa- (2) to determine areas of overlap or align- tion regarding high risk projects and cybersecurity ment; risks. (3) to find ways to leverage across divisional ‘‘(d) CONGRESSIONAL OVERSIGHT.—The Administrator perspectives to maximize outcomes; and shall submit to the appropriate committees of Congress (4) to be more efficient with resources and [Committee on Science, Space, and Technology of the funds. House of Representatives and Committee on Com- merce, Science, and Transportation of the Senate] the USERS’ ADVISORY GROUP strategic plan under subsection (a) and any updates thereto. Pub. L. 101–611, title I, § 121, Nov. 16, 1990, 104 Stat. 3204, provided that: ‘‘SEC. 813. CYBERSECURITY. ‘‘(a) ESTABLISHMENT.—(1) The National Space Council ‘‘(a) FINDING.—Congress finds that the security of shall establish a Users’ Advisory Group composed of NASA [National Aeronautics and Space Administra- non-Federal representatives of industries and other tion] information and information systems is vital to persons involved in aeronautical and space activities. the success of the mission of the agency. ‘‘(2) The Vice President shall name a chairman of the ‘‘(b) INFORMATION SECURITY PLAN.— Users’ Advisory Group. ‘‘(1) IN GENERAL.—Not later than 1 year after the ‘‘(3) The National Space Council shall from time to date of enactment of this Act [Mar. 21, 2017], the Ad- time, but not less than once a year, meet with the ministrator [of the National Aeronautics and Space Users’ Advisory Group. Administration] shall implement the information se- ‘‘(4) The function of the Users’ Advisory Group shall curity plan developed under paragraph (2) and take be to ensure that the interests of industries and other such further actions as the Administrator considers non-Federal entities involved in space activities, in- necessary to improve the information security sys- cluding in particular commercial entities, are ade- tem in accordance with this section. quately represented in the National Space Council. NFORMATION SECURITY PLAN.—Subject to para- ‘‘(2) I ‘‘(5) The Users’ Advisory Group may be assisted by graphs (3) and (4), the Administrator shall develop an personnel detailed to the National Space Council. agency-wide information security plan to enhance in- ‘‘(b) EXEMPTION.—The Users’ Advisory Group shall formation security for NASA information and infor- not be subject to section 14(a)(2) of the Federal Advi- mation infrastructure. sory Committee Act [5 U.S.C. App.].’’ ‘‘(3) REQUIREMENTS.—In developing the plan under paragraph (2), the Administrator shall ensure that NATIONAL SPACE COUNCIL the plan— ‘‘(A) reflects the unique nature of NASA’s mission Pub. L. 101–328, § 3(a), July 8, 1990, 104 Stat. 308, pro- and expertise; vided that: ‘‘Not more than six individuals may be em- ‘‘(B) is informed by policies, standards, guide- ployed by the National Space Council without regard to lines, and directives on information security re- any provision of law regulating the employment or quired for Federal agencies; compensation of persons in the Government service, at ‘‘(C) is consistent with the standards and guide- rates not to exceed the rate of pay for level VI of the lines under section 11331 of title 40, United States Senior Executive Schedule as provided pursuant to sec- Code; and tion 5382 of title 5, United States Code.’’ ‘‘(D) meets applicable National Institute of Pub. L. 101–328, § 4, July 8, 1990, 104 Stat. 308, provided Standards and Technology information security that: ‘‘The National Space Council may, for purposes of standards and guidelines. carrying out its functions, employ experts and consult- ‘‘(4) CONTENTS.—The plan shall address— ants in accordance with section 3109 of title 5, United ‘‘(A) an overview of the requirements of the infor- States Code, and may compensate individuals so em- mation security system; ployed for each day they are involved in a business of § 20111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 12 the National Space Council (including traveltime) at 18095; Ex. Ord. No. 12869, § 4(f), Sept. 30, 1993, 58 F.R. rates not in excess of the daily equivalent of the maxi- 51752, which established the National Space Council, mum rate of pay for grade GS–18 as provided pursuant was superseded by Ex. Ord. No. 13803, § 9(a), June 30, to section 5332 of title 5, United States Code.’’ 2017, 82 F.R. 31431, set out below. [References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General EX. ORD. NO. 13803. REVIVING THE NATIONAL SPACE Schedule, to be considered references to rates payable COUNCIL under specified sections of Title 5, Government Organi- Ex. Ord. No. 13803, June 30, 2017, 82 F.R. 31429, pro- zation and Employees, see section 529 [title I, § 101(c)(1)] vided: of Pub. L. 101–509, set out in a note under section 5376 By the authority vested in me as President by the of Title 5.] Constitution and the laws of the United States of Pub. L. 100–685, title V, § 501, Nov. 17, 1988, 102 Stat. America, and in order to provide a coordinated process 4102, provided that: for developing and monitoring the implementation of ‘‘(a) Effective February 1, 1989, there is established in national space policy and strategy, it is hereby ordered the Executive Office of the President the National as follows: Space Council, which shall be chaired by the Vice SECTION 1. Purpose. The National Space Council President. (Council) was established by Title V of Public Law ‘‘(b) By March 1, 1989, the President shall submit to 100–685 and Executive Order 12675 of April 20, 1989 (Es- the Congress a report that outlines the composition tablishing the National Space Council). The Council and functions of the National Space Council. was tasked with advising and assisting the President ‘‘(c) The Council may employ a staff of not more than regarding national space policy and strategy. The seven persons, which is to be headed by a civilian exec- Council was never formally disestablished, but it effec- utive secretary, who shall be appointed by the Presi- tively ceased operation in 1993. This order revives the dent.’’ Council and provides additional details regarding its EX. ORD. NO. 10849. ESTABLISHMENT OF SEAL FOR duties and responsibilities. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SEC. 2. Revival and Composition of the National Space Council. (a) The Council is hereby revived and shall re- Ex. Ord. No. 10849, Nov. 27, 1959, 24 F.R. 9559, as sume operations. amended by Ex. Ord. No. 10942, May 19, 1961, 26 F.R. (b) The Council shall be composed of the following 4419, provided: members: WHEREAS the Administrator of the National Aero- (i) The Vice President, who shall be Chair of the nautics and Space Administration has caused to be Council; made, and has recommended that I approve, a seal for (ii) The Secretary of State; the National Aeronautics and Space Administration, (iii) The Secretary of Defense; the design of which accompanies and is hereby made a (iv) The Secretary of Commerce; part of this order, and which is described as follows: (v) The Secretary of Transportation; On a disc of the blue sky strewn with white stars, to (vi) The Secretary of Homeland Security; dexter a larger yellow sphere bearing a red flight sym- (vii) The Director of National Intelligence; bol apex in upper sinister and wings enveloping and (viii) The Director of the Office of Management and casting a brown shadow upon the sphere, all partially Budget; encircled with a horizontal white orbit, in sinister a (ix) The Assistant to the President for National Secu- small light-blue sphere; circumscribing the disc a white rity Affairs; band edged gold inscribed ‘‘National Aeronautics and (x) The Administrator of the National Aeronautics Space Administration U.S.A.’’ in red letters. and Space Administration; (xi) The Director of the Office of Science and Tech- nology Policy; (xii) The Assistant to the President for Homeland Se- curity and Counterterrorism; (xiii) The Chairman of the Joint Chiefs of Staff; and (xiv) The heads of other executive departments and agencies (agencies) and other senior officials within the Executive Office of the President, as determined by the Chair. SEC. 3. Functions of the Council. (a) The Council shall advise and assist the President regarding national space policy and strategy, and perform such other du- ties as the President may, from time to time, prescribe. (b) In particular, the Council is directed to: (i) review United States Government space policy, in- cluding long-range goals, and develop a strategy for na- tional space activities; (ii) develop recommendations for the President on space policy and space-related issues; (iii) monitor and coordinate implementation of the objectives of the President’s national space policy and strategy; (iv) foster close coordination, cooperation, and tech- nology and information exchange among the civil, na- AND WHEREAS it appears that such seal is of suit- tional security, and commercial space sectors; able design and appropriate for establishment as the of- (v) advise on participation in international space ac- ficial seal of the National Aeronautics and Space Ad- tivities conducted by the United States Government; ministration: and NOW, THEREFORE, by virtue of the authority vested (vi) facilitate the resolution of differences concerning in me as President of the United States, I hereby ap- major space and space-related policy matters. prove such seal as the official seal of the National (c) The Council shall meet at least annually. Aeronautics and Space Administration. (d) The revival and operation of the Council shall not interfere with the existing lines of authority in or re- EX. ORD. NO. 12675 sponsibilities of any agencies. Ex. Ord. No. 12675, Apr. 20, 1989, 54 F.R. 17691, as (e) The Council shall have a staff, headed by a civil- amended by Ex. Ord. No. 12712, Apr. 26, 1990, 55 F.R. ian Executive Secretary appointed by the President. Page 13 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20112

SEC. 4. Responsibilities of the Chair. (a) The Chair shall and recommendations for, the space policy and strat- serve as the President’s principal advisor on national egy of the United States Government. space policy and strategy. SEC. 9. General Provisions. (a) This order supersedes (b) The Chair shall, in consultation with the members Executive Order 12675 of April 20, 1989 (Establishing the of the Council, establish procedures for the Council and National Space Council). To the extent this order is in- establish the agenda for Council activities. consistent with any provision of any earlier Executive (c) The Chair shall report to the President quarterly Order or Presidential Memorandum, this order shall on the Council’s activities and recommendations. The control. Chair shall advise the Council, as appropriate, regard- (b) If any provision of this order or the application of ing the President’s directions with respect to the Coun- such provision is held to be invalid, the remainder of cil’s activities and national space policy and strategy. this order and other dissimilar applications of such pro- (d) The Chair may recommend to the President can- vision shall not be affected. didates for the position of Executive Secretary. (c) This order is not intended to, and does not, create (e) The Chair, or upon the Chair’s direction, the Exec- any right or benefit, substantive or procedural, enforce- utive Secretary, may invite the heads of other agen- able at law or in equity by any party against the cies, other senior officials in the Executive Office of the United States, its departments, agencies, or entities, President, or other Federal employees to participate in its officers, employees, or agents, or any other person. Council meetings. (d) Nothing in this order shall be construed to impair (f) The Chair shall authorize the establishment of or otherwise affect: committees of the Council, including an executive com- (i) the authority granted by law to an executive de- mittee, and of working groups, composed of senior des- partment or agency, or the head thereof; or ignees of the Council members and of other Federal of- (ii) the functions of the Director of the Office of Man- ficials invited to participate in Council meetings, as he agement and Budget relating to budgetary, administra- deems necessary or appropriate for the efficient con- tive, or legislative proposals. duct of Council functions. (e) This order shall be implemented consistent with SEC. 5. National Space Policy and Strategy Planning applicable law and subject to the availability of appro- Process. (a) Each agency represented on the Council priations. shall provide such information to the Chair regarding DONALD J. TRUMP. its current and planned space activities as the Chair shall request. § 20112. Functions of the Administration (b) The head of each agency that conducts space-re- lated activities shall, to the extent permitted by law, (a) PLANNING, DIRECTING, AND CONDUCTING conform such activities to the President’s national AERONAUTICAL AND SPACE ACTIVITIES.—The Ad- space policy and strategy. ministration, in order to carry out the purpose (c) On space policy and strategy matters relating pri- of this chapter, shall— marily to national security, the Council shall coordi- (1) plan, direct, and conduct aeronautical nate with the National Security Council (NSC) to cre- ate policies and procedures for the Council that respect and space activities; the responsibilities and authorities of the NSC under (2) arrange for participation by the scientific existing law. community in planning scientific measure- SEC. 6. Users’ Advisory Group. (a) The Council shall ments and observations to be made through convene a Users’ Advisory Group (Group) pursuant to use of aeronautical and space vehicles, and Public Law 101–611, section 121, composed of non-Fed- conduct or arrange for the conduct of such eral representatives of industries and other persons in- measurements and observations; volved in aeronautical and space activities. (3) provide for the widest practicable and ap- (b) Members of the Group shall serve without any compensation for their work for the Group. Members of propriate dissemination of information con- the Group, while engaged in the work of the Group, cerning its activities and the results thereof; may be allowed travel expenses, including per diem in (4) seek and encourage, to the maximum ex- lieu of subsistence, to the extent permitted by law for tent possible, the fullest commercial use of persons serving intermittently in Government service space; and (5 U.S.C. 5701–5707), consistent with the availability of (5) encourage and provide for Federal Gov- funds. ernment use of commercially provided space (c) The Group shall report directly to the Council and services and hardware, consistent with the re- shall provide advice or work product solely to the Council. quirements of the Federal Government. SEC. 7. Administrative Provisions. (a) To aid in the per- (b) RESEARCH AND DEVELOPMENT IN CERTAIN formance of the functions of the Council: TECHNOLOGIES.— (i) The Office of Administration in the Executive Of- fice of the President shall provide the Council with ad- (1) GROUND PROPULSION TECHNOLOGIES.—The ministrative support on a reimbursable basis; and Administration shall, to the extent of appro- (ii) Legal advice to the Council itself with respect to priated funds, initiate, support, and carry out its work and functions shall be provided exclusively by such research, development, demonstration, the Office of the Counsel to the President. and other related activities in ground propul- (b) To the extent practicable and permitted by law, sion technologies as are provided for in sec- including the Economy Act, and within existing appro- tions 4 to 10 of the Electric and Hybrid Vehicle priations, agencies serving on the Council and inter- agency councils and committees that affect space pol- Research, Development, and Demonstration icy or strategy shall make resources, including, but not Act of 1976 (15 U.S.C. 2503 to 2509). limited to, personnel, office support, and printing, (2) SOLAR HEATING AND COOLING TECH- available to the Council as reasonably requested by the NOLOGIES.—The Administration shall initiate, Chair or, upon the Chair’s direction, the Executive Sec- support, and carry out such research, develop- retary. ment, demonstrations, and other related ac- (c) Agencies shall cooperate with the Council and tivities in solar heating and cooling tech- provide such information and advice to the Council as nologies (to the extent that funds are appro- it may reasonably request, to the extent permitted by law. priated therefor) as are provided for in sec- SEC. 8. Report. Within 1 year of the date of this order, tions 5, 6, and 9 of the Solar Heating and Cool- and annually thereafter, the Council shall submit a re- ing Demonstration Act of 1974 (42 U.S.C. 5503, port to the President setting forth its assessment of, 5504, 5507). § 20113 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 14

(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3333.) (4) to sell and otherwise dispose of real and personal property (including patents and HISTORICAL AND REVISION NOTES rights thereunder) in accordance with the pro- visions of chapters 1 to 11 of title 40 and in ac- Revised Source (U.S. Code) Source (Statutes at Large) Section cordance with title III of the Federal Property 20112 ...... 42 U.S.C. 2473(a), Pub. L. 85–568, title II, and Administrative Services Act of 1949 (41 (b). § 203(a), (b), July 29, 1958, U.S.C. 251 et seq.); 1 and 72 Stat. 429; Pub. L. 93–409, § 4, Sept. 3, 1974, 88 Stat. (5) to provide by contract or otherwise for 1070; Pub. L. 94–413, § 15(c), cafeterias and other necessary facilities for Sept. 17, 1976, 90 Stat. 1270; Pub. L. 95–401, § 6, Sept. 30, the welfare of employees of the Administra- 1978, 92 Stat. 860; Pub. L. tion at its installations and purchase and 101–611, title I, § 107, Nov. 16, 1990, 104 Stat. 3197. maintain equipment therefor. (d) GIFTS.—In the performance of its func- § 20113. Powers of the Administration in per- tions, the Administration is authorized to ac- formance of functions cept unconditional gifts or donations of services, (a) RULES AND REGULATIONS.—In the perform- money, or property, real, personal, or mixed, ance of its functions, the Administration is au- tangible or intangible. thorized to make, promulgate, issue, rescind, (e) CONTRACTS, LEASES, AND AGREEMENTS.—In and amend rules and regulations governing the the performance of its functions, the Adminis- manner of its operations and the exercise of the tration is authorized, without regard to sub- powers vested in it by law. sections (a) and (b) of section 3324 of title 31, to (b) OFFICERS AND EMPLOYEES.—In the perform- enter into and perform such contracts, leases, ance of its functions, the Administration is au- cooperative agreements, or other transactions thorized to appoint and fix the compensation of as may be necessary in the conduct of its work officers and employees as may be necessary to and on such terms as it may deem appropriate, carry out such functions. The officers and em- with any agency or instrumentality of the ployees shall be appointed in accordance with United States, or with any State, territory, or the civil service laws and their compensation possession, or with any political subdivision fixed in accordance with chapter 51 and sub- thereof, or with any person, firm, association, chapter III of chapter 53 of title 5, except that— corporation, or educational institution. To the (1) to the extent the Administrator deems maximum extent practicable and consistent such action necessary to the discharge of the with the accomplishment of the purpose of this Administrator’s responsibilities, the Adminis- chapter, such contracts, leases, agreements, and trator may appoint not more than 425 of the other transactions shall be allocated by the Ad- scientific, engineering, and administrative ministrator in a manner which will enable personnel of the Administration without re- small-business concerns to participate equitably gard to such laws, and may fix the compensa- and proportionately in the conduct of the work tion of such personnel not in excess of the rate of the Administration. of basic pay payable for level III of the Execu- (f) COOPERATION WITH FEDERAL AGENCIES AND tive Schedule; and (2) to the extent the Administrator deems OTHERS.—In the performance of its functions, such action necessary to recruit specially the Administration is authorized to use, with qualified scientific and engineering talent, the their consent, the services, equipment, person- Administrator may establish the entrance nel, and facilities of Federal and other agencies grade for scientific and engineering personnel with or without reimbursement, and on a simi- without previous service in the Federal Gov- lar basis to cooperate with other public and pri- ernment at a level up to 2 grades higher than vate agencies and instrumentalities in the use of the grade provided for such personnel under services, equipment, and facilities. Each depart- the General Schedule, and fix their compensa- ment and agency of the Federal Government tion accordingly. shall cooperate fully with the Administration in making its services, equipment, personnel, and (c) PROPERTY.—In the performance of its func- facilities available to the Administration, and tions, the Administration is authorized— (1) to acquire (by purchase, lease, condemna- any such department or agency is authorized, tion, or otherwise), construct, improve, repair, notwithstanding any other provision of law, to operate, and maintain laboratories, research transfer to or to receive from the Administra- and testing sites and facilities, aeronautical tion, without reimbursement, aeronautical and and space vehicles, quarters and related ac- space vehicles, and supplies and equipment commodations for employees and dependents other than administrative supplies or equip- of employees of the Administration, and such ment. other real and personal property (including (g) ADVISORY COMMITTEES.—In the perform- patents), or any interest therein, as the Ad- ance of its functions, the Administration is au- ministration deems necessary within and out- thorized to appoint such advisory committees as side the continental United States; may be appropriate for purposes of consultation (2) to acquire by lease or otherwise, through and advice to the Administration. the Administrator of General Services, build- (h) OFFICES AND PROCEDURES.—In the perform- ings or parts of buildings in the District of Co- ance of its functions, the Administration is au- lumbia for the use of the Administration for a thorized to establish within the Administration period not to exceed 10 years without regard to such offices and procedures as may be appro- section 8141 of title 40; priate to provide for the greatest possible co- (3) to lease to others such real and personal property; 1 See References in Text note below. Page 15 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20113 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- ized to obtain services as provided by section and may not be taken for public use without 3109 of title 5, but at rates for individuals not to just compensation. exceed the per diem rate equivalent to the maxi- (l) DETAILING MEMBERS OF ARMED SERVICES.— mum rate payable under section 5376 of title 5. (j) ALIENS.—In the performance of its func- In the performance of its functions, the Admin- tions, the Administration is authorized, when istration is authorized, with the approval of the determined by the Administrator to be nec- President, to enter into cooperative agreements essary, and subject to such security investiga- under which members of the Army, Navy, Air tions as the Administrator may determine to be Force, and Marine Corps may be detailed by the appropriate, to employ aliens without regard to appropriate Secretary for services in the per- statutory provisions prohibiting payment of formance of functions under this chapter to the compensation to aliens. same extent as that to which they might be law- (k) CONCESSIONS FOR VISITORS’ FACILITIES.— fully assigned in the Department of Defense. (1) IN GENERAL.—In the performance of its functions, the Administration is authorized to (m) CLAIMS AGAINST THE UNITED STATES.—In provide by concession, without regard to sec- the performance of its functions, the Adminis- tion 1302 of title 40, on such terms as the Ad- tration is authorized— ministrator may deem to be appropriate and (1) to consider, ascertain, adjust, determine, necessary to protect the concessioner against settle, and pay, on behalf of the United States, loss of the concessioner’s investment in prop- in full satisfaction thereof, any claim for erty (but not anticipated profits) resulting from the Administration’s discretionary acts $25,000 or less against the United States for and decisions, for the construction, mainte- bodily injury, death, or damage to or loss of nance, and operation of all manner of facilities real or personal property resulting from the and equipment for visitors to the several in- conduct of the Administration’s functions as stallations of the Administration and, in con- specified in section 20112(a) of this title, where nection therewith, to provide services incident such claim is presented to the Administration to the dissemination of information concern- in writing within 2 years after the accident or ing its activities to such visitors, without incident out of which the claim arises; and charge or with a reasonable charge therefor (with this authority being in addition to any (2) if the Administration considers that a other authority that the Administration may claim in excess of $25,000 is meritorious and have to provide facilities, equipment, and would otherwise be covered by this subsection, services for visitors to its installations). to report the facts and circumstances to Con- (2) PUBLIC NOTICE AND DUE CONSIDERATION OF gress for its consideration. PROPOSALS.—A concession agreement under this subsection may be negotiated with any (n) IDENTIFICATION OF GOVERNMENT ASTRO- qualified proposer following due consideration NAUTS.—For purposes of a license issued or of all proposals received after reasonable pub- transferred by the Secretary of Transportation lic notice of the intention to contract. under chapter 509 to launch a launch vehicle or (3) REASONABLE OPPORTUNITY FOR PROFIT.— to reenter a reentry vehicle carrying a govern- The concessioner shall be afforded a reason- ment astronaut (as defined in section 50902), the able opportunity to make a profit commensu- Administration shall designate a government rate with the capital invested and the obliga- astronaut in accordance with requirements pre- tions assumed. The consideration paid by the concessioner for the concession shall be based scribed by the Administration. on the probable value of the opportunity and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3333; not on maximizing revenue to the United Pub. L. 114–90, title I, § 112(d), Nov. 25, 2015, 129 States. Stat. 712; Pub. L. 115–10, title VIII, § 835(d), Mar. (4) RECORDS AND ACCESS TO RECORDS.—Each concession agreement shall specify the man- 21, 2017, 131 Stat. 69.) ner in which the concessioner’s records are to be maintained, and shall provide for access to the records by the Administration and the Comptroller General of the United States for a period of 5 years after the close of the business year to which the records relate. (5) POSSESSORY INTERESTS.—A concessioner may be accorded a possessory interest, con- sisting of all incidents of ownership except legal title (which shall vest in the United States), in any structure, fixture, or improve- ment the concessioner constructs or locates upon land owned by the United States. With § 20113 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 16

HISTORICAL AND REVISION NOTES Short Title of 1949 Act note set out under section 101 of 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, § 203(c), formerly § 203(b), AMENDMENTS July 29, 1958, 72 Stat. 429; Pub. L. 86–20, May 13, 1959, 2017—Subsec. (g). Pub. L. 115–10, § 835(d)(2), struck out 73 Stat. 21; Pub. L. 86–481, ‘‘and Congress’’ after ‘‘advice to the Administration’’. § 5, June 1, 1960, 74 Stat. Pub. L. 115–10, § 835(d)(1), inserted ‘‘and Congress’’ 153; Pub. L. 87–367, title II, § 206(a), Oct. 4, 1961, 75 after ‘‘advice to the Administration’’. Stat. 791; Pub. L. 87–584, 2015—Subsec. (n). Pub. L. 114–90 added subsec. (n). § 6, Aug. 14, 1962, 76 Stat. 384; Pub. L. 87–793, EFFECTIVE DATE OF 2017 AMENDMENT § 1001(f), Oct. 11, 1962, 76 Stat. 864; Pub. L. 88–426, Pub. L. 115–10, title VIII, § 835(d)(2), Mar. 21, 2017, 131 title III, § 306(d), Aug. 14, Stat. 69, provided that the amendment by section 1964, 78 Stat. 429; Pub. L. 835(d)(2) is effective Sept. 30, 2017. 88–448, title IV, § 402(a)(34), Aug. 10, 1964, 78 Stat. 495; Pub. L. 91–646, title II, COLLABORATION § 220(a)(2), Jan. 2, 1971, 84 Pub. L. 115–10, title V, § 517, Mar. 21, 2017, 131 Stat. 54, Stat. 1903; Pub. L. 93–74, § 6, July 23, 1973, 87 Stat. provided that: ‘‘The Administration [National Aero- 174; Pub. L. 93–316, § 6, nautics and Space Administration] shall continue to June 22, 1974, 88 Stat. 243; develop first-of-a-kind instruments that, once proved, renumbered § 203(c), Pub. L. 93–409, § 4, Sept. 3, 1974, can be transitioned to other agencies for operations. 88 Stat. 1070; Pub. L. 96–48, Whenever responsibilities for the development of sen- § 6(a), Aug. 8, 1979, 93 Stat. sors or for measurements are transferred to the Admin- 348; Pub. L. 108–201, § 2(a), Feb. 24, 2004, 118 Stat. 461. istration from another agency, the Administration shall seek, to the extent possible, to be reimbursed for In subsection (b), in the matter before paragraph (1), the assumption of such responsibilities.’’ the words ‘‘chapter 51 and subchapter III of chapter 53 SPACE ACT AGREEMENTS of title 5’’ are substituted for ‘‘the Classification Act of 1949, as amended’’ on authority of section 7(b) of Public Pub. L. 115–10, title VIII, § 841, Mar. 21, 2017, 131 Stat. Law 89–554 (80 Stat. 631), the first section of which en- 72, provided that: acted Title 5, Government Organization and Employ- ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress ees. that, when used appropriately, Space Act Agreements In subsection (c)(2), the words ‘‘section 8141 of title can provide significant value in furtherance of NASA 40’’ are substituted for ‘‘the Act of March 3, 1877 (40 [National Aeronautics and Space Administration]’s U.S.C. 34)’’ on authority of section 5(c) of Public Law mission. 107–217 (116 Stat. 1303), the first section of which en- ‘‘(b) FUNDED SPACE ACT AGREEMENTS.—To the extent acted Title 40, Public Buildings, Property, and Works. appropriate, the Administrator [of the National Aero- In subsection (c)(4), the words ‘‘in accordance with nautics and Space Administration] shall seek to maxi- the provisions of chapters 1 to 11 of title 40 and in ac- mize the value of contributions provided by other par- cordance with title III of the Federal Property and Ad- ties under a funded Space Act Agreement in order to ministrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ advance NASA’s mission. are substituted for ‘‘in accordance with the provisions ‘‘(c) NON-EXCLUSIVITY.— of the Federal Property and Administrative Services ‘‘(1) IN GENERAL.—The Administrator shall, to the Act of 1949, as amended (40 U.S.C. 471 et seq.)’’ on au- greatest extent practicable, issue each Space Act thority of section 5(c) of Public Law 107–217 (116 Stat. Agreement— 1303), the first section of which enacted Title 40, Public ‘‘(A) except as provided in paragraph (2), on a Buildings, Property, and Works. nonexclusive basis; In subsection (e), the words ‘‘subsections (a) and (b) ‘‘(B) in a manner that ensures all non-government of section 3324 of title 31’’ are substituted for ‘‘section parties have equal access to NASA resources; and 3648 of the Revised Statutes, as amended (31 U.S.C. ‘‘(C) exercising reasonable care not to reveal 529)’’ on authority of section 4(b) of Public Law 97–258 unique or proprietary information. (96 Stat. 1067), the first section of which enacted Title ‘‘(2) EXCLUSIVITY.—If the Administrator determines 31, Money and Finance. an exclusive arrangement is necessary, the Adminis- In subsection (i), the words ‘‘maximum rate payable trator shall, to the greatest extent practicable, issue under section 5376 of title 5’’ are substituted for ‘‘rate the Space Act Agreement— for GS–18’’ because of section 101(c) of the Federal Em- ‘‘(A) utilizing a competitive selection process ployees Pay Comparability Act of 1990 (enacted by § 529 when exclusive arrangements are necessary; and of Public Law 101–509, 5 U.S.C. 5376 note). ‘‘(B) pursuant to public announcements when ex- In subsection (k)(1), the words ‘‘section 1302 of title clusive arrangements are necessary. 40’’ are substituted for ‘‘section 321 of the Act of June ‘‘(d) TRANSPARENCY.—The Administrator shall pub- 30, 1932 (47 Stat. 412; 40 U.S.C. 303b)’’ on authority of licly disclose on the Administration’s website and section 5(c) of Public Law 107–217 (116 Stat. 1303), the make available in a searchable format each Space Act first section of which enacted Title 40, Public Build- Agreement, including an estimate of committed NASA ings, Property, and Works. resources and the expected benefits to agency objec- tives for each agreement, with appropriate redactions REFERENCES IN TEXT for proprietary, sensitive, or classified information, not Level III of the Executive Schedule, referred to in later than 60 days after such agreement is signed by the subsec. (b)(1), is set out in section 5314 of Title 5, Gov- parties. ernment Organization and Employees. ‘‘(e) ANNUAL REPORTS.— The Federal Property and Administrative Services ‘‘(1) REQUIREMENT.—Not later than 90 days after the Act of 1949, referred to in subsec. (c)(4), is act June 30, end of each fiscal year, the Administrator shall sub- 1949, ch. 288, 63 Stat. 377. Title III of the Act was classi- mit to the appropriate committees of Congress [Com- fied generally to subchapter IV (§ 251 et seq.) of chapter mittee on Science, Space, and Technology of the 4 of former Title 41, Public Contracts, and was substan- House of Representatives and Committee on Com- tially repealed and restated in division C (§ 3101 et seq.) merce, Science, and Transportation of the Senate] a of subtitle I of Title 41, Public Contracts, by Pub. L. report on the use of Space Act Agreement authority 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For by the Administration during the previous fiscal complete classification of this Act to the Code, see year. Page 17 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20114

‘‘(2) CONTENTS.—The report shall include for each ENHANCEMENT OF SCIENCE AND MATHEMATICS Space Act Agreement in effect at the time of the re- PROGRAMS port— Pub. L. 106–391, title III, § 321, Oct. 30, 2000, 114 Stat. ‘‘(A) an indication of whether the agreement is a 1597, provided that: reimbursable, non-reimbursable, or funded Space ‘‘(a) DEFINITIONS.—In this section: Act Agreement; ‘‘(1) EDUCATIONALLY USEFUL FEDERAL EQUIPMENT.— ‘‘(B) a description of— The term ‘educationally useful Federal equipment’ ‘‘(i) the subject and terms; means computers and related peripheral tools and re- ‘‘(ii) the parties; search equipment that is appropriate for use in ‘‘(iii) the responsible— schools. ‘‘(I) Mission Directorate; ‘‘(2) SCHOOL.—The term ‘school’ means a public or ‘‘(II) Center; or private educational institution that serves any of the ‘‘(III) headquarters element; grades of kindergarten through grade 12. ‘‘(iv) the value; ‘‘(b) SENSE OF THE CONGRESS.— ‘‘(v) the extent of the cost sharing among Fed- ‘‘(1) IN GENERAL.—It is the sense of the Congress eral Government and non-Federal sources; that the Administrator [of the National Aeronautics ‘‘(vi) the time period or schedule; and and Space Administration] should, to the greatest ex- ‘‘(vii) all milestones; and tent practicable and in a manner consistent with ap- ‘‘(C) an indication of whether the agreement was plicable Federal law (including Executive Order No. renewed during the previous fiscal year. 12999 [40 U.S.C. 549 note]), donate educationally useful ‘‘(3) ANTICIPATED AGREEMENTS.—The report shall in- Federal equipment to schools in order to enhance the clude a list of all anticipated reimbursable, non-reim- science and mathematics programs of those schools. bursable, and funded Space Act Agreements for the ‘‘(2) REPORTS.—Not later than 1 year after the date upcoming fiscal year. of the enactment of this Act [Oct. 30, 2000], and annu- ‘‘(4) CUMULATIVE PROGRAM BENEFITS.—The report ally thereafter, the Administrator shall prepare and shall include, with respect to each Space Act Agree- submit to Congress a report describing any donations ment covered by the report, a summary of— of educationally useful Federal equipment to schools ‘‘(A) the technology areas in which research made during the period covered by the report.’’ projects were conducted under that agreement; ‘‘(B) the extent to which the use of that agree- § 20114. Administration and Department of De- ment— fense coordination ‘‘(i) has contributed to a broadening of the tech- nology and industrial base available for meeting (a) ADVISE AND CONSULT.—The Administration Administration needs; and and the Department of Defense, through the ‘‘(ii) has fostered within the technology and in- President, shall advise and consult with each dustrial base new relationships and practices that other on all matters within their respective ju- support the United States; and ‘‘(C) the total amount of value received by the risdictions related to aeronautical and space ac- Federal Government during the fiscal year under tivities and shall keep each other fully and cur- that agreement.’’ rently informed with respect to such activities. (b) REFERRAL TO THE PRESIDENT.—If the Sec- SENSE OF CONGRESS retary of Defense concludes that any request, Pub. L. 114–90, title I, § 112(b), Nov. 25, 2015, 129 Stat. action, proposed action, or failure to act on the 711, provided that: ‘‘The National Aeronautics and part of the Administrator is adverse to the re- Space Administration has a need to fly government as- sponsibilities of the Department of Defense, or tronauts (as defined in section 50902 of title 51, United the Administrator concludes that any request, States Code, as amended) within commercial launch ve- action, proposed action, or failure to act on the hicles and reentry vehicles under chapter 509 of that title. This need was identified by the Secretary of part of the Department of Defense is adverse to Transportation and the Administrator of the National the responsibilities of the Administration, and Aeronautics and Space Administration due to the in- the Administrator and the Secretary of Defense tended use of commercial launch vehicles and reentry are unable to reach an agreement with respect vehicles developed under the Commercial Crew Devel- to the matter, either the Administrator or the opment Program, authorized in section 402 of the Na- Secretary of Defense may refer the matter to tional Aeronautics and Space Administration Author- the President for a decision (which shall be ization Act of 2010 (124 Stat. 2820; Public Law 111–267). final). It is the sense of Congress that the authority delegated to the Administration by the amendment made by sub- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3336.) section (d) of this section [amending this section] should be used for that purpose.’’ HISTORICAL AND REVISION NOTES

PURCHASE OF AMERICAN-MADE EQUIPMENT AND Revised Source (U.S. Code) Source (Statutes at Large) PRODUCTS Section Pub. L. 106–391, title III, § 319, Oct. 30, 2000, 114 Stat. 20114(a) ...... 42 U.S.C. 2474(b). Pub. L. 85–568, title II, § 204(b), (c), July 29, 1958, 1597, provided that: 72 Stat. 431. ‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND 20114(b) ...... 42 U.S.C. 2474(c). PRODUCTS.—In the case of any equipment or products that may be authorized to be purchased with financial In subsection (a), the words ‘‘through the President’’ assistance provided under this Act [see Tables for clas- are substituted for ‘‘through the Liaison Committee’’ sification], it is the sense of the Congress that entities because the Civilian-Military Liaison Committee, receiving such assistance should, in expending the as- which was established by section 204(a) of the National sistance, purchase only American-made equipment and Aeronautics and Space Act of 1958 (42 U.S.C. 2474(a)), products. was abolished and its functions, together with the func- ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In provid- tions of its chairman and other officers, were trans- ing financial assistance under this Act, the Adminis- ferred to the President by sections 1(e) and 3(a) of Reor- trator [of the National Aeronautics and Space Adminis- ganization Plan No. 4 of 1965 (5 App. U.S.C.). tration] shall provide to each recipient of the assist- In subsection (b), the words ‘‘as provided in section ance a notice describing the statement made in sub- 201 (e)’’, which appeared at the end of the subsection, section (a) by the Congress.’’ are omitted as obsolete. Section 201 of Public Law § 20115 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 18

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 the President ‘‘as he may request’’ with respect to pro- President may consider necessary or desirable moting cooperation and resolving differences among for the attainment of the objectives described in 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 Section Source (U.S. Code) Source (Statutes at Large) plication of the results thereof, pursuant to 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 Source (U.S. Code) Source (Statutes at Large) of this Act’’, which appear in section 206 of Public Law Section 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. 426). Section 102(d) of Public Law 85–568 is restated as Memorandum of President of the United States, Oct. section 20102(d) of title 51. 10, 1995, 60 F.R. 53251, provided: Memorandum for the Administrator of the National DELEGATION OF CERTAIN REPORTING AUTHORITY and Aeronautics and Space Administration Memorandum of President of the United States, Mar. By the authority vested in me as President by the 5, 2004, 69 F.R. 11489, provided: Constitution and the laws of the United States of Memorandum for the Administrator of the National America, and in order to facilitate the efficient oper- Aeronautics and Space Administration ations of the aeronautical and space programs of the By the authority vested in me as President by the National Aeronautics and Space Administration Constitution and the laws of the United States, includ- (NASA), it is hereby ordered as follows: ing section 301 of title 3, United States Code, I hereby The authority conferred upon the President by the delegate to you the functions conferred upon the Presi- Constitution and the laws of the United States of dent by section 206 of the National Aeronautics and America to executive mutual waivers of claims of li- Space Act of 1958, as amended ([former] 42 U.S.C. 2476) ability on behalf of the United States for damages aris- [now 51 U.S.C. 20116], to provide the specified report to ing out of cooperative activities is hereby delegated to the Congress. Nothing in this delegation shall be con- the Administrator of NASA for agreements with for- strued to impair or otherwise affect the authority of eign governments and their agents regarding aero- the Director of the Office of Management and Budget nautical, science, and space activities that are exe- with respect to budget, administrative, and legislative cuted pursuant to the authority granted NASA by the proposals. National Aeronautics and Space Act of 1958, Public Law You are authorized and directed to publish this 85–568, as amended [see 51 U.S.C. 20101 et seq.]. All such memorandum in the Federal Register. agreements shall be subject to coordination with and the concurrence of the Department of State to the ex- GEORGE W. BUSH. tent provided by applicable law, regulations, and proce- § 20117. Disposal of excess land dures. All such waivers of liability entered into prior to the date of this memorandum are hereby ratified. Notwithstanding the provisions of this or any You are authorized and directed to publish this other law, the Administration may not report to memorandum in the Federal Register. a disposal agency as excess to the needs of the WILLIAM J. CLINTON. Administration any land having an estimated § 20116. Reports to Congress value in excess of $50,000 that is owned by the United States and under the jurisdiction and (a) PRESIDENTIAL REPORT.—The President control of the Administration, unless— shall transmit to Congress in May of each year (1) a period of 30 days has passed after the re- a report, which shall include— ceipt by the Speaker and the Committee on (1) a comprehensive description of the pro- Science and Technology of the House of Rep- grammed activities and the accomplishments resentatives and the President and the Com- of all agencies of the United States in the field mittee on Commerce, Science, and Transpor- of aeronautics and space activities during the tation of the Senate of a report by the Admin- preceding fiscal year; and istrator or the Administrator’s designee con- (2) an evaluation of such activities and ac- taining a full and complete statement of the complishments in terms of the attainment of, action proposed to be taken and the facts and or the failure to attain, the objectives de- circumstances relied upon in support of such scribed in section 20102(d) of this title. action; or Page 19 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20132

(2) each such committee before the expira- HISTORICAL AND REVISION NOTES tion of that period has transmitted to the Ad- Revised ministrator written notice to the effect that Section Source (U.S. Code) Source (Statutes at Large) the committee has no objection to the pro- 20131(a) ...... 42 U.S.C. 2454(a) Pub. L. 85–568, title III, § 303, posed action. (words before pro- July 29, 1958, 72 Stat. 433; viso). Pub. L. 102–588, title V, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3337.) § 509, Nov. 4, 1992, 106 Stat. 5129. HISTORICAL AND REVISION NOTES 20131(b) ...... 42 U.S.C. 2454(b). 20131(c) ...... 42 U.S.C. 2454(a) (proviso). Revised Section Source (U.S. Code) Source (Statutes at Large)

20117 ...... 42 U.S.C. 2476a. Pub. L. 85–568, title II, § 207, § 20132. Security requirements as added Pub. L. 93–74, § 7, July 23, 1973, 87 Stat. 175; The Administrator shall establish such secu- amended Pub. L. 103–437, rity requirements, restrictions, and safeguards § 15(j), Nov. 2, 1994, 108 Stat. 4593. as the Administrator deems necessary in the in- terest of the national security. The Adminis- In paragraph (1), the words ‘‘Committee on Science trator may arrange with the Director of the Of- and Technology’’ are substituted for ‘‘Committee on fice of Personnel Management for the conduct of Science, Space, and Technology’’ on authority of sec- such security or other personnel investigations tion 1(a)(10) of Public Law 104–14 (2 U.S.C. note prec. of the Administration’s officers, employees, and 21), Rule X(1)(n) of the Rules of the House of Represent- atives, adopted by House Resolution No. 5 (106th Con- consultants, and its contractors and subcontrac- gress, January 6, 1999), and Rule X(1)(o) of the Rules of tors and their officers and employees, actual or the House of Representatives, adopted by House Reso- prospective, as the Administrator deems appro- lution No. 6 (110th Congress, January 5, 2007). priate. If any such investigation develops any data reflecting that the individual who is the CHANGE OF NAME subject of the investigation is of questionable Committee on Science and Technology of House of loyalty, the matter shall be referred to the Fed- Representatives changed to Committee on Science, eral Bureau of Investigation for the conduct of Space, and Technology of House of Representatives by 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) SUBCHAPTER III—GENERAL ADMINISTRATIVE PROVISIONS HISTORICAL AND REVISION NOTES

§ 20131. Public access to information Revised Section Source (U.S. Code) Source (Statutes at Large) (a) PUBLIC INSPECTION.—Information obtained 20132 ...... 42 U.S.C. 2455(a). Pub. L. 85–568, title III, or developed by the Administrator in the per- § 304(a), July 29, 1958, 72 formance of the Administrator’s functions under Stat. 433; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, this chapter shall be made available for public 1979, 43 F.R. 36037, 92 Stat. inspection, except information— 3783. (1) authorized or required by Federal statute to be withheld; The words ‘‘Director of the Office of Personnel Man- (2) classified to protect the national secu- agement’’ are substituted for ‘‘Civil Service Commis- sion’’ because of section 102 of Reorganization Plan No. rity; or 2 of 1978 (5 App U.S.C.). (3) described in subsection (b). ACCESS TO RESTRICTED DATA (b) SPECIAL HANDLING OF TRADE SECRET OR Pub. L. 85–568, title III, § 304(b), July 29, 1958, 72 Stat. CONFIDENTIAL INFORMATION.— 434, provided that: ‘‘The Atomic Energy Commission (1) IN GENERAL.—The Administrator, for a may authorize any of its employees, or employees of period of up to 5 years after the development any contractor, prospective contractor, licensee, or of information described in paragraph (2), may prospective licensee of the Atomic Energy Commission provide appropriate protections against the or any other person authorized to have access to Re- dissemination of such information, including stricted Data by the Atomic Energy Commission under exemption from subchapter II of chapter 5 of subsection 145 b. of the Atomic Energy Act of 1954 (42 title 5. U.S.C. 2165(b)), to permit any member, officer, or em- (2) INFORMATION DESCRIBED.—Information re- ployee of the Council [National Aeronautics and Space ferred to in paragraph (1) is information that Council], or the Administrator [of the National Aero- nautics and Space Administration], or any officer, em- results from activities conducted under an ployee, member of an advisory committee, contractor, agreement entered into under subsections (e) subcontractor, or officer or employee of a contractor or and (f) of section 20113 of this title, and that subcontractor of the Administration [National Aero- would be a trade secret or commercial or fi- nautics and Space Administration], to have access to nancial information that is privileged or con- Restricted Data relating to aeronautical and space ac- fidential under the meaning of section 552(b)(4) tivities which is required in the performance of his du- of title 5 if the information had been obtained ties and so certified by the Council or the Adminis- from a non-Federal party participating in such trator, as the case may be, but only if (1) the Council or Administrator or designee thereof has determined, an agreement. in accordance with the established personnel security (c) COMMITTEES OF CONGRESS.—Nothing in this procedures and standards of the Council or Administra- chapter authorizes the withholding of informa- tion, that permitting such individual to have access to tion by the Administrator from the duly author- such Restricted Data will not endanger the common de- ized committees of Congress. fense and security, and (2) the Council or Adminis- trator or designee thereof finds that the established (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) personnel and other security procedures and standards § 20133 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 20 of the Council or Administration are adequate and in HISTORICAL AND REVISION NOTES reasonable conformity to the standards established by the Atomic Energy Commission under section 145 of the Revised Section Source (U.S. Code) Source (Statutes at Large) Atomic Energy Act of 1954 (42 U.S.C. 2165). Any individ- ual granted access to such Restricted Data pursuant to 20134 ...... 42 U.S.C. 2456a. Pub. L. 85–568, title III, this subsection may exchange such Data with any indi- § 304(f), as added Pub. L. 100–685, title II, § 206, Nov. vidual who (A) is an officer or employee of the Depart- 17, 1988, 102 Stat. 4090. ment of Defense, or any department or agency thereof, or a member of the armed forces, or a contractor or subcontractor of any such department, agency, or § 20135. Property rights in inventions armed force, or an officer or employee of any such con- (a) DEFINITIONS.—In this section: tractor or subcontractor, and (B) has been authorized to have access to Restricted Data under the provisions (1) CONTRACT.—The term ‘‘contract’’ means of section 143 of the Atomic Energy Act of 1954 (42 any actual or proposed contract, agreement, U.S.C. 2163).’’ understanding, or other arrangement, and in- [Atomic Energy Commission abolished and functions cludes any assignment, substitution of parties, transferred by sections 5814 and 5841 of Title 42, The or subcontract executed or entered into there- Public Health and Welfare. See also Transfer of Func- under. tions notes set out under those sections.] (2) MADE.—The term ‘‘made’’, when used in [National Aeronautics and Space Council, together relation to any invention, means the concep- with functions of Council, abolished by section 3(a)(4) tion or first actual reduction to practice of of Reorg. Plan No. 1 of 1973, effective July 1, 1973, set such invention. out in the Appendix to Title 5, Government Organiza- (3) PERSON.—The term ‘‘person’’ means any tion and Employees.] individual, partnership, corporation, associa- tion, institution, or other entity. § 20133. Permission to carry firearms (b) EXCLUSIVE PROPERTY OF UNITED STATES.— (1) IN GENERAL.—An invention shall be the As the Administrator deems necessary in the exclusive property of the United States if it is public interest, the Administrator may— made in the performance of any work under (1) direct officers and employees of the Ad- any contract of the Administration, and the ministration to carry firearms while in the Administrator determines that— conduct of their official duties; and (A) the person who made the invention was (2) authorize employees of contractors and employed or assigned to perform research, subcontractors of the Administration who are development, or exploration work and the engaged in the protection of property owned invention is related to the work the person by the United States, and located at facilities was employed or assigned to perform, or was owned by or contracted to the United States, within the scope of the person’s employment to carry firearms while in the conduct of their duties, whether or not it was made during official duties. working hours, or with a contribution by the Government of the use of Government facili- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3338.) ties, equipment, materials, allocated funds, information proprietary to the Government, HISTORICAL AND REVISION NOTES or services of Government employees during Revised Source (U.S. Code) Source (Statutes at Large) working hours; or Section (B) the person who made the invention was 20133 ...... 42 U.S.C. 2456. Pub. L. 85–568, title III, not employed or assigned to perform re- § 304(e), July 29, 1958, 72 search, development, or exploration work, Stat. 435. but the invention is nevertheless related to the contract, or to the work or duties the § 20134. Arrest authority person was employed or assigned to perform, and was made during working hours, or with Under regulations prescribed by the Adminis- a contribution from the Government of the trator and approved by the Attorney General, sort referred to in subparagraph (A). employees of the Administration and of its con- (2) PATENT TO UNITED STATES.—If an inven- tractors and subcontractors authorized to carry tion is the exclusive property of the United firearms under section 20133 of this title may ar- States under paragraph (1), and if such inven- rest without warrant for any offense against the tion is patentable, a patent therefor shall be United States committed in their presence, or issued to the United States upon application for any felony cognizable under the laws of the made by the Administrator, unless the Admin- United States if they have reasonable grounds to istrator waives all or any part of the rights of believe that the person to be arrested has com- the United States to such invention in con- mitted or is committing such felony. Persons formity with the provisions of subsection (g). granted authority to make arrests by this sec- tion may exercise that authority only while (c) CONTRACT PROVISIONS FOR FURNISHING RE- guarding and protecting property owned or PORTS OF INVENTIONS, DISCOVERIES, IMPROVE- leased by, or under the control of, the United MENTS, OR INNOVATIONS.—Each contract entered States under the administration and control of into by the Administrator with any party for the Administration or one of its contractors or the performance of any work shall contain effec- subcontractors, at facilities owned by or con- tive provisions under which the party shall fur- tracted to the Administration. nish promptly to the Administrator a written report containing full and complete technical (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3339.) information concerning any invention, discov- Page 21 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20135 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 to the Administrator unless the applicant with- or agreement with the United States. Each pro- in 30 days after receipt of the notice requests a posal for any waiver under this subsection shall hearing before the Patent Trial and Appeal be referred to an Inventions and Contributions Board on the question whether the Adminis- Board which shall be established by the Admin- trator is entitled under this section to receive istrator within the Administration. Such Board the patent. The Board may hear and determine, shall accord to each interested party an oppor- in accordance with rules and procedures estab- tunity for hearing, and shall transmit to the Ad- lished for interference and derivation cases, the ministrator its findings of fact with respect to question so presented, and its determination such proposal and its recommendations for ac- shall be subject to appeal by the applicant or by tion to be taken with respect thereto. the Administrator to the United States Court of (h) PROTECTION OF TITLE.—The Administrator Appeals for the Federal Circuit in accordance is authorized to take all suitable and necessary with procedures governing appeals from deci- steps to protect any invention or discovery to sions of the Patent Trial and Appeal Board in which the Administrator has title, and to re- other proceedings. quire contractors or persons who retain title to (f) SUBSEQUENT TRANSFER OF PATENT IN CASE inventions or discoveries under this section to OF FALSE REPRESENTATIONS.—Whenever a patent protect the inventions or discoveries to which has been issued to an applicant in conformity the Administration has or may acquire a license with subsection (e), and the Administrator of use. thereafter has reason to believe that the state- (i) ADMINISTRATION AS DEFENSE AGENCY.—The ment filed by the applicant in connection with Administration shall be considered a defense the patent contained a false representation of a agency of the United States for the purpose of material fact, the Administrator, within 5 years chapter 17 of title 35. after the date of issuance of the patent, may file (j) OBJECTS INTENDED FOR LAUNCH, LAUNCHED, with the Director a request for the transfer to OR ASSEMBLED IN OUTER SPACE.—Any object in- the Administrator of title to the patent on the tended for launch, launched, or assembled in records of the Director. Notice of any such re- outer space shall be considered a vehicle for the quest shall be transmitted by the Director to purpose of section 272 of title 35. the owner of record of the patent, and title to (k) USE OR MANUFACTURE OF PATENTED INVEN- the patent shall be so transferred to the Admin- TIONS INCORPORATED IN SPACE VEHICLES istrator unless, within 30 days after receipt of LAUNCHED FOR PERSONS OTHER THAN UNITED notice, the owner of record requests a hearing STATES.—The use or manufacture of any pat- before the Patent Trial and Appeal Board on the ented invention incorporated in a space vehicle question whether any such false representation launched by the United States Government for a was contained in the statement filed in connec- person other than the United States shall not be tion with the patent. The question shall be considered to be a use or manufacture by or for heard and determined, and the determination the United States within the meaning of section § 20136 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 22

1498(a) of title 28, unless the Administration (4) any other factors the Administrator de- gives an express authorization or consent for termines to be material. such use or manufacture. (b) APPORTIONMENT OF AWARDS.—If more than (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3339; one applicant under subsection (a) claims an in- Pub. L. 112–29, § 7(d)(2), Sept. 16, 2011, 125 Stat. terest in the same contribution, the Adminis- 315.) trator shall ascertain and determine the respec- tive interests of the applicants, and shall appor- HISTORICAL AND REVISION NOTES tion any award to be made among the applicants Revised in amounts the Administrator determines to be Source (U.S. Code) Source (Statutes at Large) Section equitable. 20135 ...... 42 U.S.C. 2457. Pub. L. 85–568, title III, § 305, (c) SURRENDER OF OTHER CLAIMS.—No award July 29, 1958, 72 Stat. 435; may be made under subsection (a) unless the ap- Pub. L. 96–517, § 7(b), Dec. 12, 1980, 94 Stat. 3027; Pub. plicant surrenders, by means the Administrator L. 97–96, § 7, Dec. 21, 1981, determines to be effective, all claims that the 95 Stat. 1210; Pub. L. 97–164, title I, § 162(3), Apr. applicant may have to receive any compensation 2, 1982, 96 Stat. 49; Pub. L. (other than the award made under this section) 98–622, title II, § 205(c), Nov. 8, 1984, 98 Stat. 3388; for the use of the contribution or any element Pub. L. 106–113, div. B, thereof at any time by or on behalf of the United § 1000(a)(9) [title IV, § 4732(b)(20)], Nov. 29, 1999, States, or by or on behalf of any foreign govern- 113 Stat. 1536, 1501A–585. ment pursuant to a treaty or agreement with the United States, within the United States or AMENDMENTS at any other place. 2011—Subsec. (e). Pub. L. 112–29 substituted ‘‘Patent (d) REPORT AND WAITING PERIOD.—No award Trial and Appeal Board’’ for ‘‘Board of Patent Appeals may be made under subsection (a) in an amount and Interferences’’ in two places and inserted ‘‘and der- exceeding $100,000 unless the Administrator ivation’’ after ‘‘established for interference’’. 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- posed award, and a period of 30 calendar days of EFFECTIVE DATE OF 2011 AMENDMENT 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.) that effective date, with certain exceptions, see section 7(e) of Pub. L. 112–29, set out as a note under section 6 HISTORICAL AND REVISION NOTES of Title 35, Patents. Revised Section Source (U.S. Code) Source (Statutes at Large) § 20136. Contributions awards 20136(a) ...... 42 U.S.C. 2458(a). Pub. L. 85–568, title III, § 306, (a) APPLICATIONS.—Subject to the provisions of July 29, 1958, 72 Stat. 437. 20136(b) ...... 42 U.S.C. 2458(b) (1st this section, the Administrator is authorized, on sentence). the Administrator’s own initiative or on appli- 20136(c) ...... 42 U.S.C. 2458(b) (par. (1) of last cation of any person, to make a monetary sentence). award, in an amount and on terms the Adminis- 20136(d) ...... 42 U.S.C. 2458(b) (par. (2) of last trator determines to be warranted, to any per- sentence). son (as defined by section 20135(a) of this title) for any scientific or technical contribution to In subsections (c) and (d), the words ‘‘No award may the Administration which is determined by the be made under subsection (a)’’ are substituted for ‘‘No Administrator to have significant value in the award may be made under subsection (a) with respect conduct of aeronautical and space activities. to any contribution’’ for clarity and to eliminate un- Each application made for such an award shall necessary words. be referred to the Inventions and Contributions § 20137. Malpractice and negligence suits against Board established under section 20135 of this United States title. Such Board shall accord to each applicant an opportunity for hearing on the application, (a) EXCLUSIVE REMEDY.—The remedy against and shall transmit to the Administrator its rec- the United States provided by sections 1346(b) ommendation as to the terms of the award, if and 2672 of title 28, for damages for personal in- any, to be made to the applicant for the con- jury, including death, caused by the negligent or tribution. In determining the terms and condi- wrongful act or omission of any physician, den- tions of an award the Administrator shall take tist, nurse, pharmacist, or paramedical or other into account— supporting personnel (including medical and (1) the value of the contribution to the dental technicians, nursing assistants, and United States; therapists) of the Administration in the per- (2) the aggregate amount of any sums which formance of medical, dental, or related health have been expended by the applicant for the care functions (including clinical studies and in- development of the contribution; vestigations) while acting within the scope of (3) the amount of any compensation (other such person’s duties or employment therein or than salary received for services rendered as therefor shall be exclusive of any other civil ac- an officer or employee of the Government) pre- tion or proceeding by reason of the same subject viously received by the applicant for or on ac- matter against such person (or the estate of count of the use of the contribution by the such person) whose act or omission gave rise to United States; and the action or proceeding. Page 23 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20138

(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- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3343.) fend any civil action or proceeding brought in any court against any person referred to in sub- HISTORICAL AND REVISION NOTES section (a) (or the estate of such person) for any Revised such injury. Any such person against whom such Section Source (U.S. Code) Source (Statutes at Large) civil action or proceeding is brought shall de- 20137 ...... 42 U.S.C. 2458a. Pub. L. 85–568, title III, § 307, liver within such time after date of service or 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- United States determine, on a hearing on a mo- istration for use of all or a portion of a space tion to remand held before a trial on the merits, vehicle, who owns or provides property to be that the case so removed is one in which a rem- flown on a space vehicle, or who employs a edy by suit within the meaning of subsection (a) person to be flown on a space vehicle. is not available against the United States, the case shall be remanded to the State court. (b) AUTHORIZATION.—The Administration is au- (d) COMPROMISE OR SETTLEMENT OF CLAIMS.— thorized on such terms and to the extent it may The Attorney General may compromise or settle deem appropriate to provide liability insurance any claim asserted in such civil action or pro- for any user of a space vehicle to compensate all ceeding in the manner provided in section 2677 of or a portion of claims by third parties for death, title 28, and with the same effect. bodily injury, or loss of or damage to property (e) APPLICABILITY OF OTHER PROVISIONS OF resulting from activities carried on in connec- LAW.—For purposes of this section, the provi- tion with the launch, operations, or recovery of sions of section 2680(h) of title 28 shall not apply the space vehicle. Appropriations available to to any cause of action arising out of a negligent the Administration may be used to acquire such or wrongful act or omission in the performance insurance, but such appropriations shall be re- of medical, dental, or related health care func- imbursed to the maximum extent practicable by tions (including clinical studies and investiga- the users under reimbursement policies estab- tions). lished pursuant to section 20113 of this title. (f) LIABILITY INSURANCE FOR PERSONS AS- (c) INDEMNIFICATION.—Under such regulations SIGNED TO FOREIGN COUNTRIES OR NON-FEDERAL in conformity with this section as the Adminis- AGENCIES.—The Administrator or the Adminis- trator shall prescribe taking into account the trator’s designee may, to the extent that the availability, cost, and terms of liability insur- Administrator or the designee deems appro- ance, any agreement between the Administra- priate, hold harmless or provide liability insur- tion and a user of a space vehicle may provide ance for any person described in subsection (a) that the United States will indemnify the user for damages for personal injury, including against claims (including reasonable expenses of death, caused by such person’s negligent or litigation or settlement) by third parties for wrongful act or omission in the performance of death, bodily injury, or loss of or damage to medical, dental, or related health care functions property resulting from activities carried on in (including clinical studies and investigations) connection with the launch, operations, or re- while acting within the scope of such person’s covery of the space vehicle, but only to the ex- duties if such person is assigned to a foreign tent that such claims are not compensated by li- country or detailed for service with other than ability insurance of the user. Such indemnifica- a Federal department, agency, or instrumental- tion may be limited to claims resulting from ity or if the circumstances are such as are likely other than the actual negligence or willful mis- to preclude the remedies of third persons conduct of the user. § 20139 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 24

(d) TERMS OF INDEMNIFICATION AGREEMENT.— (c) TERMS AND CONDITIONS.— An agreement made under subsection (c) that (1) IN GENERAL.—Except as otherwise pro- provides indemnification must also provide for— vided in this section, the insurance and indem- (1) notice to the United States of any claim nification provided by the Administration or suit against the user for the death, bodily under subsection (b) to a developer shall be injury, or loss of or damage to the property; provided on the same terms and conditions as and insurance and indemnification is provided by (2) control of or assistance in the defense by the Administration under section 20138 of this the United States, at its election, of that suit title to the user of a space vehicle. or claim. (2) INSURANCE.— (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 AYMENTS.—Upon the approval by the Ad- (f) P 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- HISTORICAL AND REVISION NOTES trator shall determine the amount of insur- 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- 20138 ...... 42 U.S.C. 2458b. Pub. L. 85–568, title III, § 308, tion 50914(a)(3) of this title for a launch. The as added Pub. L. 96–48, § 6(b)(2), Aug. 8, 1979, 93 Administrator shall publish notice of the Stat. 348. Administrator’s determination and the ap- 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 (1) COOPERATING PARTY.—The term ‘‘cooper- ating party’’ means any person who enters amounts set forth in section 50914(a)(3)(A) of into an agreement with the Administration this title for the purpose of applying that for the performance of cooperative scientific, section under this section to a developer aeronautical, or space activities to carry out after consultation with the Comptroller the purposes of this chapter. General and such experts and consultants as may be appropriate, and after publishing no- (2) DEVELOPER.—The term ‘‘developer’’ means a United States person (other than a tice of the increase in the Federal Register natural person) who— not less than 180 days before the increase (A) is a party to an agreement with the goes into effect. The Administrator shall Administration for the purpose of developing make available for public inspection, not new technology for an experimental aero- later than the date of publication of such no- space vehicle; tice, a complete record of any correspond- (B) owns or provides property to be flown ence received by the Administration, and a or situated on that vehicle; or transcript of any meetings in which the Ad- (C) employs a natural person to be flown ministration participated, regarding the pro- on that vehicle. posed increase. (D) SAFETY REVIEW REQUIRED BEFORE AD- (3) EXPERIMENTAL AEROSPACE VEHICLE.—The MINISTRATOR PROVIDES INSURANCE.—The Ad- term ‘‘experimental aerospace vehicle’’ means ministrator may not provide liability insur- an object intended to be flown in, or launched ance or indemnification under subsection (b) into, orbital or suborbital flight for the pur- unless the developer establishes to the satis- pose of demonstrating technologies necessary faction of the Administrator that appro- for a reusable launch vehicle, developed under priate safety procedures and practices are an agreement between the Administration and being followed in the development of the a developer. experimental aerospace vehicle. (4) RELATED ENTITY.—The term ‘‘related en- (3) NO INDEMNIFICATION WITHOUT CROSS-WAIV- tity’’ includes a contractor or subcontractor ER.—Notwithstanding subsection (b), the Ad- at any tier, a supplier, a grantee, and an inves- ministrator may not indemnify a developer of tigator or detailee. an experimental aerospace vehicle under this (b) IN GENERAL.—The Administrator may pro- section unless there is an agreement between vide liability insurance for, or indemnification the Administration and the developer de- to, the developer of an experimental aerospace scribed in subsection (d). vehicle developed or used in execution of an (4) APPLICATION OF CERTAIN PROCEDURES.—If agreement between the Administration and the the Administrator requests additional appro- developer. priations to make payments under this sec- Page 25 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20140

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.— LAIMS 20139 ...... 42 U.S.C. 2458c. Pub. L. 85–568, title III, § 309, (A) C .—A reciprocal waiver under formerly title III, as paragraph (1) may not preclude a claim by added Pub. L. 106–74, title IV, § 435(a), Oct. 20, 1999, any natural person (including, but not lim- 113 Stat. 1097; designated ited to, a natural person who is an employee § 309 and amended Pub. L. 106–391, title III, § 324(a)(2), of the United States, the developer, the co- (b), Oct. 30, 2000, 114 Stat. operating party, or their respective sub- 1599, 1600; Pub. L. 109–155, title VII, § 702, Dec. 30, contractors) or that natural person’s estate, 2005, 119 Stat. 2936. survivors, or subrogees for injury or death, 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. solve any party of liability to any natural Literally, the words ‘‘the date of enactment of this Act’’ mean July 29, 1958, the date of enactment of Pub- person (including, but not limited to, a natu- lic Law 85–568. However, the intended meaning of the ral person who is an employee of the United words ‘‘the date of enactment of this Act’’ is probably States, the developer, the cooperating party, October 20, 1999, the date of enactment of Public Law or their respective subcontractors) or such a 106–74. The question as to which date is actually in- natural person’s estate, survivors, or tended is rendered inconsequential by the words ‘‘be- subrogees for negligence, except with respect fore, on, or after’’. to a subrogee that is a party to the waiver or § 20140. Appropriations has otherwise agreed to be bound by the terms of the waiver. (a) AUTHORIZATION.— (C) INDEMNIFICATION FOR DAMAGES.—A re- (1) IN GENERAL.—There are authorized to be ciprocal waiver under paragraph (1) may not appropriated such sums as may be necessary be used as the basis of a claim by the Admin- to carry out this chapter, except that nothing istration, or the developer or cooperating in this chapter shall authorize the appropria- party, for indemnification against the other tion of any amount for— for damages paid to a natural person, or that (A) the acquisition or condemnation of any natural person’s estate, survivors, or real property; or subrogees, for injury or death sustained by (B) any other item of a capital nature that natural person as a result of activities (such as plant or facility acquisition, con- connected to the agreement or use of the struction, or expansion) which exceeds experimental aerospace vehicle. $250,000. (D) WILLFUL MISCONDUCT.—A reciprocal (2) AVAILABILITY.—Sums appropriated pursu- waiver under paragraph (1) may not relieve ant to this subsection for the construction of the United States, the developer, the cooper- facilities, or for research and development ac- ating party, or the related entities of the de- tivities, shall remain available until expended. veloper or cooperating party, of liability for damage or loss resulting from willful mis- (b) USE OF FUNDS FOR EMERGENCY REPAIRS OF conduct. EXISTING FACILITIES.—Any funds appropriated for the construction of facilities may be used for (3) EFFECT ON PREVIOUS WAIVERS.—This sub- emergency repairs of existing facilities when section applies to any waiver of claims entered such existing facilities are made inoperative by into by the Administration without regard to major breakdown, accident, or other circum- the date on which the Administration entered stances and such repairs are deemed by the Ad- into the waiver. ministrator to be of greater urgency than the (e) RELATIONSHIP TO OTHER LAWS.— construction of new facilities. § 20141 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 26

(c) TERMINATION.—Notwithstanding any other that are for periods in excess of the period for provision of law, the authorization of any appro- which funds are otherwise available for obliga- priation to the Administration shall expire (un- tion, provide for the payment for contingent li- less an earlier expiration is specifically pro- ability which may accrue in excess of available vided) at the close of the third fiscal year fol- appropriations in the event the Federal Govern- lowing the fiscal year in which the authoriza- ment for its convenience terminates such con- tion was enacted, to the extent that such appro- tracts, and provide for advance payments rea- priation has not theretofore actually been made. sonably related to launch vehicle and related (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3347.) equipment, fabrication, and acquisition costs, if any such contract limits the amount of the pay- HISTORICAL AND REVISION NOTES ments that the Government is allowed to make under such contract to amounts provided in ad- Revised Section Source (U.S. Code) Source (Statutes at Large) vance in appropriation Acts. Such contracts may be limited to sources within the United 20140 ...... 42 U.S.C. 2459. Pub. L. 85–568, title III, § 310, formerly § 307, July 29, States when the Administrator determines that 1958, 72 Stat. 438; Pub. L. such limitation is in the public interest. 88–113, § 6, Sept. 6, 1963, 77 Stat. 144; renumbered (b) TERMINATION IF FUNDS NOT AVAILABLE.—If § 308, Pub. L. 94–464, § 3, funds are not available to continue any such Oct. 8, 1976, 90 Stat. 1988; renumbered § 309, Pub. L. contract, the contract shall be terminated for 96–48, § 6(b)(1), Aug. 8, 1979, the convenience of the Government, and the 93 Stat. 348; renumbered § 310, Pub. L. 106–391, title costs of such contract shall be paid from appro- III, § 324(a)(1), Oct. 30, 2000, priations originally available for performance of 114 Stat. 1599. the contract, from other unobligated appropria- tions currently available for the procurement of § 20141. Misuse of agency name and initials launch services, or from funds appropriated for (a) IN GENERAL.—No person (as defined by sec- such payments. tion 20135(a) of this title) may knowingly use (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3348.) the words ‘‘National Aeronautics and Space Ad- ministration’’ or the letters ‘‘NASA’’, or any HISTORICAL AND REVISION NOTES combination, variation, or colorable imitation Revised of those words or letters either alone or in com- Section Source (U.S. Code) Source (Statutes at Large) bination with other words or letters— 20142 ...... 42 U.S.C. 2459c. Pub. L. 85–568, title III, § 312, (1) as a firm or business name in a manner formerly § 311, as added reasonably calculated to convey the impres- Pub. L. 100–147, title I, § 117, Oct. 30, 1987, 101 sion that the firm or business has some con- Stat. 867; renumbered nection with, endorsement of, or authorization § 312, Pub. L. 106–391, title III, § 324(a)(1), Oct. 30, 2000, from, the Administration which does not, in 114 Stat. 1599. fact, exist; or (2) in connection with any product or service In subsection (a), the word ‘‘expendable’’ is sub- being offered or made available to the public stituted for ‘‘expendabe’’ to correct an error in the law. in a manner reasonably calculated to convey the impression that the product or service has § 20143. Full cost appropriations account struc- the authorization, support, sponsorship, or en- ture dorsement of, or the development, use, or (a) ACCOUNTS FOR APPROPRIATIONS.— manufacture by or on behalf of the Adminis- (1) DESIGNATION OF 3 ACCOUNTS.—Appropria- tration which does not, in fact, exist. tions for the Administration shall be made in (b) CIVIL PROCEEDING TO ENJOIN.—Whenever it 3 accounts, ‘‘Science, Aeronautics, and Edu- appears to the Attorney General that any person cation’’, ‘‘Exploration Systems and Space Op- is engaged in an act or practice which con- erations’’, and an account for amounts appro- stitutes or will constitute conduct prohibited by priated for the necessary expenses of the Of- subsection (a), the Attorney General may initi- fice of the Inspector General. ate a civil proceeding in a district court of the (2) REPROGRAMMING.—Within the Explo- United States to enjoin such act or practice. ration Systems and Space Operations account, no more than 10 percent of the funds for a fis- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3348.) cal year for Exploration Systems may be re- HISTORICAL AND REVISION NOTES programmed for Space Operations, and no more than 10 percent of the funds for a fiscal Revised year for Space Operations may be repro- Section Source (U.S. Code) Source (Statutes at Large) grammed for Exploration Systems. This para- 20141 ...... 42 U.S.C. 2459b. Pub. L. 85–568, title III, § 311, graph shall not apply to reprogramming for formerly § 310, as added Pub. L. 98–52, title I, § 107, the purposes described in subsection (b)(2). July 15, 1983, 97 Stat. 284; (3) AVAILABILITY.—Appropriations shall re- renumbered § 311, Pub. L. 106–391, title III, § 324(a)(1), main available for 2 fiscal years, unless other- Oct. 30, 2000, 114 Stat. 1599. wise specified in law. Each account shall in- clude the planned full costs of Administration § 20142. Contracts regarding expendable launch activities. vehicles (b) TRANSFERS AMONG ACCOUNTS.— (a) COMMITMENTS BEYOND AVAILABLE APPRO- (1) IN GENERAL.—To ensure the safe, timely, PRIATIONS.—The Administrator may enter into and successful accomplishment of Administra- contracts for expendable launch vehicle services tion missions, the Administration may trans- Page 27 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20144

fer among accounts as necessary, amounts § 20144. Prize authority for— (a) IN GENERAL.—The Administration may (A) Federal salaries and benefits; carry out a program to competitively award (B) training, travel, and awards; cash prizes to stimulate innovation in basic and (C) facility and related costs; applied research, technology development, and (D) information technology services; prototype demonstration that have the poten- (E) publishing services; tial for application to the performance of the (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 (2) DISASTER, ACT OF TERRORISM, EMERGENCY this section. RESCUE.—The Administration may also trans- (b) TOPICS.—In selecting topics for prize com- fer amounts among accounts for the imme- petitions, the Administrator shall consult wide- diate costs of recovering from damage caused ly both within and outside the Federal Govern- by a major disaster (as defined in section 102 ment, and may empanel advisory committees. of the Robert T. Stafford Disaster Relief and The Administrator shall give consideration to Emergency Assistance Act (42 U.S.C. 5122)) or prize goals such as the demonstration of the by an act of terrorism, or for the immediate ability to provide energy to the lunar surface costs associated with an emergency rescue of from space-based solar power systems, dem- astronauts. onstration of innovative near-Earth object sur- vey and deflection strategies, and innovative ap- (c) TRANSFER OF UNEXPIRED BALANCES.—The unexpired balances of prior appropriations to proaches to improving the safety and efficiency the Administration for activities authorized of aviation systems. (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 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3349.) rules for being eligible to participate in the competition, the amount of the prize, and the HISTORICAL AND REVISION NOTES basis on which a winner will be selected. (e) ELIGIBILITY.—To be eligible to win a prize Revised Source (U.S. Code) Source (Statutes at Large) Section under this section, an individual or entity— 20143 ...... 42 U.S.C. 2459f. Pub. L. 85–568, title III, § 313, (1) shall have registered to participate in the formerly § 312, as added competition pursuant to any rules promul- Pub. L. 106–377, § 1(a)(1) [title IV, § 431], Oct. 27, gated by the Administrator under subsection 2000, 114 Stat. 1441, (d); 1441A–56; renumbered § 313 and amended, Pub. L. (2) shall have complied with all the require- 108–199, div. G, title IV, ments under this section; § 417, Jan. 23, 2004, 118 Stat. 415; Pub. L. 108–447, (3) in the case of a private entity, shall be div. I, title IV, § 417, Dec. incorporated in and maintain a primary place 8, 2004, 118 Stat. 3339; Pub. L. 109–155, title II, § 201, of business in the United States, and in the Dec. 30, 2005, 119 Stat. case of an individual, whether participating 2915. singly or in a group, shall be a citizen or per- In subsection (a)(1), the words ‘‘for fiscal year 2007 manent resident of the United States; and and thereafter’’ are omitted as unnecessary. (4) shall not be a Federal entity or Federal employee acting within the scope of their em- NOTICE OF REPROGRAMMING OR REORGANIZATION ployment. Pub. L. 106–391, title III, § 311, Oct. 30, 2000, 114 Stat. (f) LIABILITY.— 1594, provided that: (1) ASSUMPTION OF RISK.—Registered partici- ‘‘(a) NOTICE OF REPROGRAMMING.—If any funds author- pants must agree to assume any and all risks ized by this Act [see Tables for classification] are sub- and waive claims against the Federal Govern- ject to a reprogramming action that requires notice to ment and its related entities, except in the be provided to the Appropriations Committees of the case of willful misconduct, for any injury, House of Representatives and the Senate, notice of death, damage, or loss of property, revenue, or such action shall concurrently be provided to the Com- mittee on Science [now Committee on Science, Space, profits, whether direct, indirect, or consequen- and Technology] of the House of Representatives and tial, arising from their participation in a com- the Committee on Commerce, Science, and Transpor- petition, whether such injury, death, damage, tation of the Senate. or loss arises through negligence or otherwise. ‘‘(b) NOTICE OF REORGANIZATION.—The Administrator For the purposes of this paragraph, the term [of the National Aeronautics and Space Administra- ‘‘related entity’’ means a contractor or sub- tion] shall provide notice to the Committees on Science contractor at any tier, and a supplier, user, [now Science, Space, and Technology] and Appropria- customer, cooperating party, grantee, inves- tions of the House of Representatives, and the Commit- tees on Commerce, Science, and Transportation and tigator, or detailee. Appropriations of the Senate, not later than 30 days be- (2) LIABILITY INSURANCE.—Participants must fore any major reorganization of any program, project, obtain liability insurance or demonstrate fi- or activity of the National Aeronautics and Space Ad- nancial responsibility, in amounts determined ministration.’’ by the Administrator, for claims by— § 20144 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 28

(A) a third party for death, bodily injury, (B) INCREASE.—The Administrator may in- or property damage, or loss resulting from crease the amount of a prize after an initial an activity carried out in connection with announcement is made under subsection (d) participation in a competition, with the if— Federal Government named as an additional (i) notice of the increase is provided in insured under the registered participant’s the same manner as the initial notice of insurance policy and registered participants the prize; and agreeing to indemnify the Federal Govern- (ii) the funds needed to pay out the an- ment against third party claims for damages nounced amount of the increase have been arising from or related to competition ac- appropriated or committed in writing by a tivities; and private source. (B) the Federal Government for damage or (4) NOTICE TO COMMITTEES FOR PRIZE GREATER loss to Government property resulting from THAN $50,000,000.—No prize competition under such an activity. this section may offer a prize in an amount (g) JUDGES.—For each competition, the Ad- greater than $50,000,000 unless 30 days have ministration, either directly or through an elapsed after written notice has been trans- agreement under subsection (h), shall assemble mitted to the Committee on Science and Tech- a panel of qualified judges to select the winner nology of the House of Representatives and or winners of the prize competition on the basis the Committee on Commerce, Science, and described pursuant to subsection (d). Judges for Transportation of the Senate. each competition shall include individuals from (5) APPROVAL OF ADMINISTRATOR FOR PRIZE outside the Administration, including from the GREATER THAN $1,000,000.—No prize competition private sector. A judge may not— under this section may result in the award of (1) have personal or financial interests in, or more than $1,000,000 in cash prizes without the be an employee, officer, director, or agent of approval of the Administrator. any entity that is a registered participant in a (j) USE OF ADMINISTRATION NAME OR INSIG- competition; or (2) have a familial or financial relationship NIA.—A registered participant in a competition with an individual who is a registered partici- under this section may use the Administration’s pant. name, initials, or insignia only after prior re- view and written approval by the Administra- (h) ADMINISTERING THE COMPETITION.—The Ad- tion. ministrator may enter into an agreement with a (k) COMPLIANCE WITH EXISTING LAW.—The Fed- private, nonprofit entity to administer the prize eral Government shall not, by virtue of offering competition, subject to the provisions of this or providing a prize under this section, be re- section. sponsible for compliance by registered partici- (i) FUNDING.— pants in a prize competition with Federal law, (1) SOURCES.—Prizes under this section may including licensing, export control, and non-pro- consist of Federal appropriated funds and liferation laws, and related regulations. funds provided by the private sector for such cash prizes. The Administrator may accept (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3350; funds from other Federal agencies for such Pub. L. 111–358, title I, § 105(b), Jan. 4, 2011, 124 cash prizes. The Administrator may not give Stat. 3993.) any special consideration to any private sec- AMENDMENT NOT SHOWN IN TEXT tor entity in return for a donation. This section was derived from section 2459f–1 (2) AVAILABILITY.— of Title 42, The Public Health and Welfare, (A) DEFINITION OF PROVISIONS KNOWN AS which was amended by Pub. L. 111–358, title I, THE ANTI-DEFICIENCY ACT.—In this paragraph, § 105(b), Jan. 4, 2011, 124 Stat. 3993. For applica- the term ‘‘provisions known as the Anti-De- bility of this amendment to this section, see sec- ficiency Act’’ means sections 1341, 1342, tion 5(b) of Pub. L. 111–314, set out as a Transi- 1349(a), 1350, 1351, 1511, 1512, 1513, 1514, 1515, tional and Savings Provisions note preceding 1516, 1517, 1518, and 1519 of title 31. section 10101 of this title. Former section 2459f–1 (B) IN GENERAL.—Notwithstanding any other provision of law, funds appropriated of Title 42 was amended by striking out ‘‘The for prize awards under this section shall re- Administration may carry out a program to main available until expended, and may be award prizes only in conformity with this sec- transferred, reprogrammed, or expended for tion.’’ other purposes only after the expiration of 10 HISTORICAL AND REVISION NOTES fiscal years after the fiscal year for which the funds were originally appropriated. No Revised Section Source (U.S. Code) Source (Statutes at Large) provision in this section permits obligation or payment of funds in violation of the pro- 20144 ...... 42 U.S.C. 2459f–1. Pub. L. 85–568, title III, § 314, as added Pub. L. 109–155, visions known as the Anti-Deficiency Act. title I, § 104, Dec. 30, 2005, 119 Stat. 2910; Pub. L. (3) APPROPRIATION OR COMMITMENT OF FUNDS 110–422, title XI, § 1105(b), REQUIRED BEFORE ANNOUNCEMENT OF PRIZE OR Oct. 15, 2008, 122 Stat. 4809. INCREASE.— In subsection (i)(2), subparagraph (A) is added, and (A) IN GENERAL.—No prize may be an- the words ‘‘provisions known as the Anti-Deficiency nounced under subsection (d) until all the Act’’ are substituted for ‘‘the Anti-Deficiency Act (31 funds needed to pay out the announced U.S.C. 1341)’’, for clarity. amount of the prize have been appropriated In subsection (i)(4), the words ‘‘Committee on Science or committed in writing by a private source. and Technology’’ are substituted for ‘‘Committee on Page 29 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20145

Science’’ on authority of Rule X(1)(o) of the Rules of tenance, capital revitalization, and im- the House of Representatives, adopted by House Reso- provements of the real property assets and lution No. 6 (110th Congress, January 5, 2007). related personal property at the respective CHANGE OF NAME center or facility subject to the concur- Committee on Science and Technology of House of rence of the Administrator. Representatives changed to Committee on Science, Space, and Technology of House of Representatives by (C) NO UTILIZATION FOR DAILY OPERATING House Resolution No. 5, One Hundred Twelfth Congress, COSTS.—Amounts utilized under subpara- Jan. 5, 2011. graph (B) may not be utilized for daily oper- AVAILABILITY OF FUNDS ating costs. Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 431, provided that: ‘‘Funds for any announced prize (c) ADDITIONAL TERMS AND CONDITIONS.—The otherwise authorized shall remain available, without Administrator may require such terms and con- fiscal year limitation, until a prize is claimed or the ditions in connection with a lease under this offer is withdrawn.’’ section as the Administrator considers appro- PURPOSE priate to protect the interests of the United Pub. L. 110–422, title XI, § 1105(a), Oct. 15, 2008, 122 States. Stat. 4809, provided that: ‘‘Prizes can play a useful role (d) RELATIONSHIP TO OTHER LEASE AUTHOR- in encouraging innovation in the development of tech- ITY.—The authority under this section to lease nologies and products that can assist NASA [National Aeronautics and Space Administration] in its aero- property of the Administration is in addition to nautics and space activities, and the use of such prizes any other authority to lease property of the Ad- by NASA should be encouraged.’’ ministration under law. § 20145. Lease of non-excess property (e) LEASE RESTRICTIONS.— (1) NO LEASE BACK OR OTHER CONTRACT.—The (a) IN GENERAL.—The Administrator may enter into a lease under this section with any Administration is not authorized to lease back person or entity (including another department property under this section during the term of or agency of the Federal Government or an en- the out-lease or enter into other contracts tity of a State or local government) with regard with the lessee respecting the property. to any non-excess real property and related per- (2) CERTIFICATION THAT OUT-LEASE WILL NOT sonal property under the jurisdiction of the Ad- HAVE NEGATIVE IMPACT ON MISSION.—The Ad- ministrator. ministration is not authorized to enter into an (b) CASH CONSIDERATION.— out-lease under this section unless the Admin- (1) FAIR MARKET VALUE.—(A) A person or en- tity entering into a lease under this section istrator certifies that the out-lease will not shall provide cash consideration for the lease have a negative impact on the mission of the at fair market value as determined by the Ad- Administration. ministrator. (B) Notwithstanding subparagraph (A), the (f) REPORTING REQUIREMENTS.—The Adminis- Administrator may accept in-kind consider- trator shall submit an annual report by January ation for leases entered into for the purpose of 31st of each year. The report shall include the developing renewable energy production facili- following: ties. (1) VALUE OF ARRANGEMENTS AND EXPENDI- (2) UTILIZATION.— TURES OF REVENUES.—Information that identi- (A) IN GENERAL.—The Administrator may fies and quantifies the value of the arrange- utilize amounts of cash consideration re- ments and expenditures of revenues received ceived under this subsection for a lease en- tered into under this section to cover the under this section. full costs to the Administration in connec- (2) AVAILABILITY AND USE OF FUNDS FOR OPER- tion with the lease. These funds shall remain ATING PLAN.—The availability and use of funds available until expended. received under this section for the Adminis- (B) CAPITAL REVITALIZATION AND IMPROVE- tration’s operating plan. MENTS.—Of any amounts of cash consider- ation received under this subsection that are (g) SUNSET.—The authority to enter into not utilized in accordance with subpara- leases under this section shall expire December graph (A)— 31, 2019. The expiration under this subsection of (i) 35 percent shall be deposited in a cap- authority to enter into leases under this section ital asset account to be established by the shall not affect the validity or term of leases or Administrator, shall be available for main- the Administration’s retention of proceeds from tenance, capital revitalization, and im- leases entered into under this section before the provements of the real property assets and related personal property under the juris- expiration of the authority. diction of the Administrator, and shall re- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3352; main available until expended; and Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 (ii) the remaining 65 percent shall be available to the respective center or facil- Stat. 626; Pub. L. 115–10, title VIII, § 832, Mar. 21, ity of the Administration engaged in the 2017, 131 Stat. 67; Pub. L. 115–403, § 2, Dec. 31, lease of nonexcess real property, and shall 2018, 132 Stat. 5348.) remain available until expended for main- § 20146 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 30

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)

20145 ...... 42 U.S.C. 2459j. Pub. L. 85–568, title III, § 315, 20146 ...... 42 U.S.C. 2459k. Pub. L. 85–568, title III, § 316, as added Pub. L. 108–7, as added Pub. L. 109–155, div. K, title IV, § 418, Feb. title VII, § 701, Dec. 30, 20, 2003, 117 Stat. 525; Pub. 2005, 119 Stat. 2935. L. 110–161, div. B, title V, § 533(a)–(e), Dec. 26, 2007, 121 Stat. 1931; Pub. L. § 20147. Recovery and disposition authority 110–422, title XI, § 1117(c), (d), Oct. 15, 2008, 122 Stat. 4814. (a) DEFINITIONS.—In this section: (1) ADMINISTRATION HUMAN SPACE FLIGHT VE- In subsection (f)(2), the word ‘‘Administration’s’’ is HICLE.—The term ‘‘Administration human substituted for ‘‘Agency’s’’ for clarity. space flight vehicle’’ means a space vehicle, as In subsection (g), the words ‘‘10 years after December defined in section 20138(a) of this title, that— 26, 2007’’ are substituted for ‘‘on the date that is ten (A) is intended to transport one or more years after the date of the enactment of the Commerce, persons; Justice, Science, and Related Agencies Appropriations Act of 2008’’ for consistency and to reflect the date of (B) is designed to operate in outer space; enactment of the Commerce, Justice, Science, and Re- and lated Agencies Appropriations Act, 2008 (Public Law (C) is either— 110–161, div. B, 121 Stat. 1884). (i) owned by the Administration; or (ii) owned by an Administration contrac- AMENDMENTS tor or cooperating party and operated as 2018—Subsec. (g). Pub. L. 115–403 substituted ‘‘Decem- part of an Administration mission or a ber 31, 2019’’ for ‘‘December 31, 2018’’. joint mission with the Administration. 2017—Subsec. (g). Pub. L. 115–10 substituted ‘‘Decem- ber 31, 2018’’ for ‘‘10 years after December 26, 2007’’. (2) CREWMEMBER.—The term ‘‘crewmember’’ 2011—Subsec. (b)(1). Pub. L. 112–55 designated existing means an astronaut or other person assigned provisions as subpar. (A) and added subpar. (B). to an Administration human space flight vehi- DEPOSIT OF PROCEEDS cle. Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. (b) CONTROL OF REMAINS.— 263, provided in part: ‘‘That hereafter, notwithstanding (1) IN GENERAL.—Subject to paragraphs (2) section 315 of the National Aeronautics and Space Act and (3), when there is an accident or mishap of 1958 (see 51 U.S.C. 20145), all proceeds from leases en- resulting in the death of a crewmember of an tered into under that section shall be deposited into this account [funds appropriated under the headings Administration human space flight vehicle, ‘NATIONAL AERONAUTICS AND SPACE ADMINISTRATION’ the Administrator may take control over the and ‘CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE remains of the crewmember and order autop- AND RESTORATION’ of title III of div. B of Pub. L. 113–6]: sies and other scientific or medical tests. Provided further, That such proceeds shall be available (2) TREATMENT.—Each crewmember shall for a period of 5 years to the extent and in amounts as provide the Administrator with the crew- provided in annual appropriations Acts’’. member’s preferences regarding the treatment Similar provisions were contained in the following accorded to the crewmember’s remains and appropriation acts: Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. the Administrator shall, to the extent pos- 431. sible, respect those stated preferences. Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. (3) CONSTRUCTION.—This section shall not be 214. construed to permit the Administrator to Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. interfere with any Federal investigation of a 2317. mishap or accident. Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. 2203. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3353.) Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. 72. HISTORICAL AND REVISION NOTES Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. Revised 625. Section Source (U.S. Code) Source (Statutes at Large) Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. 3144. 20147 ...... 42 U.S.C. 2459l. Pub. L. 85–568, title III, § 317, as added Pub. L. 109–155, title VII, § 705, Dec. 30, § 20146. Retrocession of jurisdiction 2005, 119 Stat. 2936. (a) DEFINITION OF STATE.—In this section, the term ‘‘State’’ means any of the several States, § 20148. Indemnification; NASA launch services the District of Columbia, the Commonwealth of and reentry services Puerto Rico, the United States Virgin Islands, (a) IN GENERAL.—Under such regulations in Guam, American Samoa, the Northern Mariana conformity with this section as the Adminis- Islands, and any other commonwealth, territory, trator shall prescribe taking into account the or possession of the United States. availability, cost, and terms of liability insur- (b) RELINQUISHING LEGISLATIVE JURISDICTION.— ance, any contract between the Administration Notwithstanding any other provision of law, the and a provider may provide that the United Administrator may relinquish to a State all or States will indemnify the provider against suc- part of the legislative jurisdiction of the United cessful claims (including reasonable expenses of States over lands or interests under the control litigation or settlement) by third parties for of the Administrator in that State. death, bodily injury, or loss of or damage to (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3353.) property resulting from launch services and re- Page 31 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20148 entry services carried out under the contract istrator may not indemnify a provider under that the contract defines as unusually hazardous this section unless there is a cross-waiver be- or nuclear in nature, but only to the extent the tween the Administration and the provider as total amount of successful claims related to the described in subsection (e). activities under the contract— (e) CROSS-WAIVERS.— (1) is more than the amount of insurance or (1) IN GENERAL.—The Administrator, on be- demonstration of financial responsibility de- half of the United States and its departments, scribed in subsection (c)(3); and agencies, and instrumentalities, shall recip- (2) is not more than the amount specified in rocally waive claims with a provider under section 50915(a)(1)(B). which each party to the waiver agrees to be re- sponsible, and agrees to ensure that its related (b) TERMS OF INDEMNIFICATION.—A contract entities are responsible, for damage or loss to made under subsection (a) that provides indem- its property, or for losses resulting from any nification shall provide for— injury or death sustained by its employees or (1) notice to the United States of any claim agents, as a result of activities arising out of or suit against the provider for death, bodily the performance of the contract. injury, or loss of or damage to property; and (2) LIMITATION.—The waiver made by the (2) control of or assistance in the defense by Government under paragraph (1) shall apply the United States, at its election, of that only to the extent that the claims are more claim or suit and approval of any settlement. than the amount of insurance or demonstra- (c) LIABILITY INSURANCE OF THE PROVIDER.— tion of financial responsibility required under (1) IN GENERAL.—The provider under sub- subsection (c)(1)(B). section (a) shall obtain liability insurance or (f) WILLFUL MISCONDUCT.—Indemnification demonstrate financial responsibility in under subsection (a) may exclude claims result- amounts to compensate for the maximum ing from the willful misconduct of the provider probable loss from claims by— or its related entities. (A) a third party for death, bodily injury, (g) CERTIFICATION OF JUST AND REASONABLE or property damage or loss resulting from a AMOUNT.—No payment may be made under sub- launch service or reentry service carried out section (a) unless the Administrator or the Ad- under the contract; and ministrator’s designee certifies that the amount (B) the United States Government for is just and reasonable. damage or loss to Government property re- (h) PAYMENTS.— sulting from a launch service or reentry (1) IN GENERAL.—Upon the approval by the service carried out under the contract. Administrator, payments under subsection (a) (2) MAXIMUM PROBABLE LOSSES.— may be made from funds appropriated for such (A) IN GENERAL.—The Administrator shall payments. determine the maximum probable losses (2) LIMITATION.—The Administrator shall not under subparagraphs (A) and (B) of para- approve payments under paragraph (1), except graph (1) not later than 90 days after the to the extent provided in an appropriation law date that the provider requests such a deter- or to the extent additional legislative author- mination and submits all information the ity is enacted providing for such payments. Administrator requires. (3) ADDITIONAL APPROPRIATIONS.—If the Ad- (B) REVISIONS.—The Administrator may ministrator requests additional appropriations revise a determination under subparagraph to make payments under this subsection, then (A) of this paragraph if the Administrator the request for those appropriations shall be determines the revision is warranted based made in accordance with the procedures estab- on new information. lished under section 50915. (3) AMOUNT OF INSURANCE.—For the total (i) RULES OF CONSTRUCTION.— claims related to one launch or reentry, a pro- (1) IN GENERAL.—The authority to indemnify vider shall not be required to obtain insurance under this section shall not create any rights or demonstrate financial responsibility of in third persons that would not otherwise more than— exist by law. (A)(i) $500,000,000 under paragraph (1)(A); or (2) OTHER AUTHORITY.—Nothing in this sec- (ii) $100,000,000 under paragraph (1)(B); or tion may be construed as prohibiting the Ad- (B) the maximum liability insurance avail- ministrator from indemnifying a provider or able on the world market at reasonable cost. any other NASA contractor under other law, including under Public Law 85–804 (50 U.S.C. (4) COVERAGE.—An insurance policy or dem- 1431 et seq.). onstration of financial responsibility under (3) ANTI-DEFICIENCY ACT.—Notwithstanding this subsection shall protect the following, to any other provision of this section— the extent of their potential liability for in- (A) all obligations under this section are volvement in launch services or reentry serv- subject to the availability of funds; and ices: (B) nothing in this section may be con- (A) The Government. strued to require obligation or payment of (B) Personnel of the Government. funds in violation of sections 1341, 1342, 1349 (C) Related entities of the Government. through 1351, and 1511 through 1519 of title (D) Related entities of the provider. 31, United States Code (commonly referred (E) Government astronauts. to as the ‘‘Anti-Deficiency Act’’). (d) NO INDEMNIFICATION WITHOUT CROSS-WAIV- (j) RELATIONSHIP TO OTHER LAWS.—The Admin- ER.—Notwithstanding subsection (a), the Admin- istrator may not provide indemnification under § 20149 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 32 this section for an activity that requires a li- (3) SECONDARY PAYMENT.—Payment or reim- cense or permit under chapter 509. bursement for the medical monitoring, diag- (k) DEFINITIONS.—In this section: nosis, or treatment described in subsection (a) (1) GOVERNMENT ASTRONAUT.—The term shall be secondary to any obligation of the ‘‘government astronaut’’ has the meaning United States Government or any third party given the term in section 50902. under any other provision of law or contrac- (2) LAUNCH SERVICES.—The term ‘‘launch tual agreement to pay for or provide such services’’ has the meaning given the term in medical monitoring, diagnosis, or treatment. section 50902. Any costs for items and services that may be (3) PROVIDER.—The term ‘‘provider’’ means a provided by the Administrator for medical person that provides domestic launch services monitoring, diagnosis, or treatment under or domestic reentry services to the Govern- subsection (a) that are not paid for or provided ment. under such other provision of law or contrac- (4) REENTRY SERVICES.—The term ‘‘reentry tual agreement, due to the application of de- services’’ has the meaning given the term in ductibles, copayments, coinsurance, other cost section 50902. sharing, or otherwise, are reimbursable by the (5) RELATED ENTITY.—The term ‘‘related en- Administrator on behalf of the former United tity’’ means a contractor or subcontractor. States government astronaut or former pay- (6) THIRD PARTY.—The term ‘‘third party’’ load specialist involved to the extent such means a person except— items or services are authorized to be provided (A) the United States Government; by the Administrator for such medical mon- (B) related entities of the Government in- itoring, diagnosis, or treatment under sub- volved in launch services or reentry services; section (a). (C) a provider; (4) CONDITIONAL PAYMENT.—The Adminis- (D) related entities of the provider in- trator may provide for conditional payments volved in launch services or reentry services; for or provide medical monitoring, diagnosis, or or treatment described in subsection (a) that (E) a government astronaut. is obligated to be paid for or provided by the (Added Pub. L. 115–10, title III, § 305(a), Mar. 21, United States or any third party under any 2017, 131 Stat. 30.) other provision of law or contractual agree- ment to pay for or provide such medical mon- REFERENCES IN TEXT itoring, diagnosis, or treatment if— Public Law 85–804, referred to in subsec. (i)(2), is Pub. (A) payment for (or the provision of) such L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified medical monitoring, diagnosis, or treatment generally to chapter 29 (§ 1431 et seq.) of Title 50, War services has not been made (or provided) or and National Defense. For complete classification of cannot reasonably be expected to be made this Act to the Code, see Tables. (or provided) promptly by the United States § 20149. Medical monitoring and research relat- or such third party, respectively; and ing to human space flight (B) such payment (or such provision of services) by the Administrator is condi- (a) IN GENERAL.—Notwithstanding any other tioned on reimbursement by the United provision of law, the Administrator may provide States or such third party, respectively, for for— such medical monitoring, diagnosis, or (1) the medical monitoring and diagnosis of treatment. a former United States government astronaut (c) EXCLUSIONS.—The Administrator may not— or a former payload specialist for conditions (1) provide for medical monitoring or diag- that the Administrator considers potentially nosis of a former United States government associated with human space flight; and astronaut or former payload specialist under (2) the treatment of a former United States subsection (a) for any psychological or medi- government astronaut or a former payload cal condition that is not potentially associ- specialist for conditions that the Adminis- ated with human space flight; trator considers associated with human space (2) provide for treatment of a former United flight, including scientific and medical tests States government astronaut or former pay- for psychological and medical conditions. load specialist under subsection (a) for any (b) REQUIREMENTS.— psychological or medical condition that is not (1) NO COST SHARING.—The medical monitor- associated with human space flight; or ing, diagnosis, or treatment described in sub- (3) require a former United States govern- section (a) shall be provided without any de- ment astronaut or former payload specialist ductible, copayment, or other cost sharing ob- to participate in the medical monitoring, diag- ligation. nosis, or treatment authorized under sub- (2) ACCESS TO LOCAL SERVICES.—The medical section (a). monitoring, diagnosis, and treatment de- (d) PRIVACY.—Consistent with applicable pro- scribed in subsection (a) may be provided by a visions of Federal law relating to privacy, the local health care provider if it is unadvisable Administrator shall protect the privacy of all due to the health of the applicable former medical records generated under subsection (a) United States government astronaut or former and accessible to the Administration. payload specialist for that former United (e) REGULATIONS.—The Administrator shall States government astronaut or former pay- promulgate such regulations as are necessary to load specialist to travel to the Lyndon B. carry out this section. Johnson Space Center, as determined by the (f) DEFINITION OF UNITED STATES GOVERNMENT Administrator. ASTRONAUT.—In this section, the term ‘‘United Page 33 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20164

States government astronaut’’ has the meaning (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.) given the term ‘‘government astronaut’’ in sec- tion 50902, except it does not include an individ- HISTORICAL AND REVISION NOTES ual who is an international partner astronaut. Revised Source (U.S. Code) Source (Statutes at Large) (g) DATA USE AND DISCLOSURE.—The Adminis- Section trator may use or disclose data acquired in the 20161 ...... 42 U.S.C. 2481. Pub. L. 85–568, title IV, § 401, course of medical monitoring, diagnosis, or as added Pub. L. 94–39, § 8, treatment of a former United States govern- June 19, 1975, 89 Stat. 222. ment astronaut or a former payload specialist under subsection (a), in accordance with sub- § 20162. Definition of upper atmosphere section (d). Former United States government In this subchapter, the term ‘‘upper atmos- astronaut or former payload specialist partici- phere’’ means that portion of the Earth’s sen- pation in medical monitoring, diagnosis, or sible atmosphere above the troposphere. treatment under subsection (a) shall constitute (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.) consent for the Administrator to use or disclose such data. HISTORICAL AND REVISION NOTES

(Added Pub. L. 115–10, title IV, § 443(a), Mar. 21, Revised 2017, 131 Stat. 45.) Section Source (U.S. Code) Source (Statutes at Large)

ANNUAL REPORTS 20162 ...... 42 U.S.C. 2482. Pub. L. 85–568, title IV, § 402, as added Pub. L. 94–39, § 8, Pub. L. 115–10, title IV, § 443(c), Mar. 21, 2017, 131 Stat. June 19, 1975, 89 Stat. 222. 47, provided that: ‘‘(1) IN GENERAL.—Each fiscal year, not later than the § 20163. Program authorized date of submission of the President’s annual budget re- quest for that fiscal year under section 1105 of title 31, (a) IN GENERAL.—In order to carry out the pur- United States Code, the Administrator [of the National poses of this subchapter, the Administration, in Aeronautics and Space Administration] shall publish a cooperation with other Federal agencies, shall report, in accordance with applicable Federal privacy initiate and carry out a program of research, laws, on the activities of the Administration [National technology, monitoring, and other appropriate Aeronautics and Space Administration] under section activities directed to understand the physics 20149 of title 51, United States Code. and chemistry of the upper atmosphere. ‘‘(2) CONTENTS.—Each report under paragraph (1) shall include a detailed cost accounting of the Administra- (b) ACTIVITIES.—In carrying out the provisions tion’s activities under section 20149 of title 51, United of this subchapter, the Administration shall— States Code, and a 5-year budget estimate. (1) arrange for participation by the scientific ‘‘(3) SUBMISSION TO CONGRESS.—The Administrator and engineering community, of both the Na- shall submit to the appropriate committees of Congress tion’s industrial organizations and institu- [Committee on Science, Space, and Technology of the tions of higher education, in planning and car- House of Representatives and Committee on Com- rying out appropriate research, in developing merce, Science, and Transportation of the Senate] each necessary technology, and in making nec- report under paragraph (1) not later than the date of submission of the President’s annual budget request for essary observations and measurements; that fiscal year under section 1105 of title 31, United (2) provide, by way of grant, contract, schol- States Code.’’ arships, or other arrangements, to the maxi- mum extent practicable and consistent with INSPECTOR GENERAL AUDIT other laws, for the widest practicable and ap- Pub. L. 115–10, title IV, § 443(f), Mar. 21, 2017, 131 Stat. propriate participation of the scientific and 47, provided that: ‘‘The Inspector General of NASA [Na- engineering community in the program au- tional Aeronautics and Space Administration] shall pe- thorized by this subchapter; and riodically audit or review, as the Inspector General (3) make all results of the program author- considers necessary to prevent waste, fraud, and abuse, ized by this subchapter available to the appro- the activities of the Administration [National Aero- nautics and Space Administration] under section 20149 priate regulatory agencies and provide for the of title 51, United States Code.’’ widest practicable dissemination of such re- sults. SUBCHAPTER IV—UPPER ATMOSPHERE RESEARCH (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3354.) HISTORICAL AND REVISION NOTES § 20161. Congressional declaration of purpose and policy Revised 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, develop and carry out a comprehensive program June 19, 1975, 89 Stat. 222. of research, technology, and monitoring of the phenomena of the upper atmosphere so as to § 20164. International cooperation 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 Earth’s upper atmosphere. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3355.) § 20301 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 34

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)

20164 ...... 42 U.S.C. 2484. Pub. L. 85–568, title IV, § 404, 20301 ...... 42 U.S.C. 16611(a). Pub. L. 109–155, title I, as added Pub. L. 94–39, § 8, § 101(a), Dec. 30, 2005, 119 June 19, 1975, 89 Stat. 223. Stat. 2897.

FUNDING FOR ORION, SPACE LAUNCH SYSTEM, EXPLO- CHAPTER 203—RESPONSIBILITIES AND RATION GROUND SYSTEMS, AND MOBILE LAUNCH VISION PLATFORMS

Sec. Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. 20301. General responsibilities. 430, provided: ‘‘That acquisition of Orion crew vehicles, 20302. Vision for space exploration. SLS launch vehicles, Exploration Ground Systems, mo- 20303. Contribution to innovation. bile launch platforms, and their associated components 20304. Basic research enhancement. may be funded incrementally in fiscal year 2018 and 20305. National Academies decadal surveys. thereafter’’. SPACE LAUNCH SYSTEM, ORION, AND EXPLORATION § 20301. General responsibilities GROUND SYSTEMS Pub. L. 115–10, title IV, § 421, Mar. 21, 2017, 131 Stat. 35, (a) PROGRAMS.—The Administrator shall en- provided that: sure that the Administration carries out a bal- ‘‘(a) FINDINGS.—Congress makes the following find- anced set of programs that shall include, at a ings: minimum, programs in— ‘‘(1) NASA has made steady progress in developing (1) human space flight, in accordance with and testing the Space Launch System and Orion ex- section 20302 of this title; ploration systems with the successful Exploration (2) aeronautics research and development; Flight Test of Orion in December of 2014, the final qualification test firing of the 5-segment Space and Launch System boosters in June 2016, and a full (3) scientific research, which shall include, thrust, full duration test firing of the RS–25 Space at a minimum— Launch System core stage engine in August 2016. (A) robotic missions to study the Moon ‘‘(2) Through the 21st Century Launch Complex pro- and other planets and their moons, and to gram and Exploration Ground Systems programs, deepen understanding of astronomy, astro- NASA has made significant progress in transforming physics, and other areas of science that can exploration ground systems infrastructure to meet be productively studied from space; NASA’s mission requirements for the Space Launch System and Orion and to modernize NASA’s launch (B) Earth science research and research on complexes to the benefit of the civil, defense, and the Sun-Earth connection through the devel- commercial space sectors. opment and operation of research satellites ‘‘(b) SPACE LAUNCH SYSTEM.— and other means; ‘‘(1) SENSE OF CONGRESS.—It is the sense of Congress (C) support of university research in space that use of the Space Launch System and Orion, with science, Earth science, and microgravity contributions from partnerships with the private sec- science; and tor, academia, and the international community, is the most practical approach to reaching the Moon, (D) research on microgravity, including re- Mars, and beyond. search that is not directly related to human ‘‘(2) REAFFIRMATION.—Congress reaffirms the policy exploration. and minimum capability requirements for the Space Launch System under section 302 of the National (b) CONSULTATION AND COORDINATION.—In car- Aeronautics and Space Administration Authorization rying out the programs of the Administration, Act of 2010 (42 U.S.C. 18322). the Administrator shall— ‘‘(c) SENSE OF CONGRESS ON SPACE LAUNCH SYSTEM, (1) consult and coordinate to the extent ap- ORION, AND EXPLORATION GROUND SYSTEMS.—It is the propriate with other relevant Federal agen- sense of Congress that— cies, including through the National Science ‘‘(1) as the United States works to send humans on and Technology Council; a series of missions to Mars in the 2030s, the United States national space program should continue to (2) work closely with the private sector, in- make progress on its commitment by fully develop- cluding by— ing the Space Launch System, Orion, and related Ex- (A) encouraging the work of entrepreneurs ploration Ground Systems; who are seeking to develop new means to ‘‘(2) using the Space Launch System and Orion for launch satellites, crew, or cargo; a wide range of contemplated missions will facilitate (B) contracting with the private sector for the national defense, science, and exploration objec- crew and cargo services, including to the tives of the United States; International Space Station, to the extent ‘‘(3) the United States should have continuity of purpose for the Space Launch System and Orion in practicable; deep space exploration missions, using them begin- (C) using commercially available products ning with the uncrewed mission, EM–1, planned for (including software) and services to the ex- 2018, followed by the crewed mission, EM–2, in cis- tent practicable to support all Administra- lunar space planned for 2021, and for subsequent mis- tion activities; and sions beginning with EM–3 extending into cis-lunar (D) encouraging commercial use and devel- space and eventually to Mars; opment of space to the greatest extent prac- ‘‘(4) the President’s annual budget requests for the Space Launch System and Orion development, test, ticable; and and operational phases should strive to accurately re- (3) involve other nations to the extent ap- flect the resource requirements of each of those propriate. phases; ‘‘(5) the fully integrated Space Launch System, in- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3355.) cluding an upper stage needed to go beyond low-Earth Page 35 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20301

orbit, will safely enable human space exploration of ‘‘(A) consider the technical requirements of the the Moon, Mars, and beyond; and scientific and national security communities relat- ‘‘(6) the Administrator should budget for and under- ed to a cargo variant of the Space Launch System; take a robust ground test and uncrewed and crewed and flight test and demonstration program for the Space ‘‘(B) directly assess the utility and estimated cost Launch System and Orion in order to promote safety savings obtained by using a cargo variant of the and reduce programmatic risk. Space Launch System for national security and ‘‘(d) IN GENERAL.—The Administrator shall continue space science missions. the development of the fully integrated Space Launch ‘‘(3) SUBMISSION TO CONGRESS.—Not later than 180 System, including an upper stage needed to go beyond days after the date of enactment of this Act [Mar. 21, low-Earth orbit, in order to safely enable human space 2017], the Administrator shall submit the report to exploration of the Moon, Mars, and beyond over the the appropriate committees of Congress.’’ course of the next century as required in section 302(c) [For definitions of terms used in section 421 of Pub. of the National Aeronautics and Space Administration L. 115–10, set out above, see section 2 of Pub. L. 115–10, Authorization Act of 2010 (42 U.S.C. 18322(c)). set out as a note under section 10101 of this title.] ‘‘(e) REPORT.— ‘‘(1) IN GENERAL.—Not later than 60 days after the MAINTAINING A BALANCED SPACE SCIENCE PORTFOLIO date of enactment of this Act [Mar. 21, 2017], the Ad- Pub. L. 115–10, title V, § 501, Mar. 21, 2017, 131 Stat. 48, ministrator shall submit to the appropriate commit- provided that: tees of Congress a report addressing the ability of ‘‘(a) SENSE OF CONGRESS ON SCIENCE PORTFOLIO.—Con- Orion to meet the needs and the minimum capability gress reaffirms the sense of Congress that— requirements described in section 303(b)(3) of the Na- ‘‘(1) a balanced and adequately funded set of activi- tional Aeronautics and Space Administration Au- ties, consisting of research and analysis grant pro- thorization Act of 2010 (42 U.S.C. 18323(b)(3)). grams, technology development, suborbital research ‘‘(2) CONTENTS.—The report shall detail— ‘‘(A) those components and systems of Orion that activities, and small, medium, and large space mis- ensure it is in compliance with section 303(b)(3) of sions, contributes to a robust and productive science that Act (42 U.S.C. 18323(b)(3)); program and serves as a catalyst for innovation and ‘‘(B) the expected date that Orion, integrated discovery; and with a vehicle other than the Space Launch Sys- ‘‘(2) the Administrator [of the National Aeronautics tem, could be available to transport crew and cargo and Space Administration] should set science prior- to the ISS; ities by following the guidance provided by the sci- ‘‘(C) any impacts to the deep space exploration entific community through the National Academies missions under subsection (f) of this section due to of Sciences, Engineering, and Medicine’s decadal sur- enabling Orion to meet the minimum capability re- veys. quirements described in section 303(b)(3) of that Act ‘‘(b) POLICY.—It is the policy of the United States to (42 U.S.C. 18323(b)(3)) and conducting the mission ensure, to the extent practicable, a steady cadence of described in subparagraph (B) of this paragraph; large, medium, and small science missions.’’ and ‘‘(D) the overall cost and schedule impacts associ- PLANETARY SCIENCE ated with enabling Orion to meet the minimum ca- Pub. L. 115–10, title V, § 502, Mar. 21, 2017, 131 Stat. 48, pability requirements described in section 303(b)(3) provided that: of that Act (42 U.S.C. 18323(b)(3)) and conducting ‘‘(a) FINDINGS.—Congress finds that— the mission described in subparagraph (B) of this ‘‘(1) Administration [National Aeronautics and paragraph. Space Administration] support for planetary science ‘‘(f) EXPLORATION MISSIONS.—The Administrator shall is critical to enabling greater understanding of the continue development of— solar system and the origin of the Earth; ‘‘(1) an uncrewed exploration mission to dem- ‘‘(2) the United States leads the world in planetary onstrate the capability of both the Space Launch science and can augment its success in that area with System and Orion as an integrated system by 2018; appropriate international, academic, and industry ‘‘(2) subject to applicable human rating processes partnerships; and requirements, a crewed exploration mission to ‘‘(3) a mix of small, medium, and large planetary demonstrate the Space Launch System, including the science missions is required to sustain a steady ca- Core Stage and Exploration Upper Stages, by 2021; dence of planetary exploration; and ‘‘(3) subsequent missions beginning with EM–3 at ‘‘(4) robotic planetary exploration is a key compo- operational flight rate sufficient to maintain safety nent of preparing for future human exploration. and operational readiness using the Space Launch ‘‘(b) MISSION PRIORITIES.— System and Orion to extend into cis-lunar space and ‘‘(1) IN GENERAL.—In accordance with the priorities eventually to Mars; and established in the most recent Planetary Science ‘‘(4) a deep space habitat as a key element in a deep Decadal Survey, the Administrator [of the National space exploration architecture along with the Space Aeronautics and Space Administration] shall ensure, Launch System and Orion. to the greatest extent practicable, the completion of ‘‘(g) OTHER USES.—The Administrator shall assess the utility of the Space Launch System for use by the a balanced set of Discovery, New Frontiers, and Flag- science community and for other Federal Government ship missions at the cadence recommended by the launch needs, including consideration of overall cost most recent Planetary Science Decadal Survey. and schedule savings from reduced transit times and in- ‘‘(2) MISSION PRIORITY ADJUSTMENTS.—Consistent creased science returns enabled by the unique capabili- with the set of missions described in paragraph (1), ties of the Space Launch System. and while maintaining the continuity of scientific ‘‘(h) UTILIZATION REPORT.— data and steady development of capabilities and tech- ‘‘(1) IN GENERAL.—The Administrator, in consulta- nologies, the Administrator may seek, if necessary, tion with the Secretary of Defense and the Director adjustments to mission priorities, schedule, and of National Intelligence, shall prepare a report that scope in light of changing budget projections.’’ addresses the effort and budget required to enable EXTRASOLAR PLANET EXPLORATION STRATEGY and utilize a cargo variant of the 130-ton Space Launch System configuration described in section Pub. L. 115–10, title V, § 508, Mar. 21, 2017, 131 Stat. 50, 302(c) of the National Aeronautics and Space Admin- provided that: istration Authorization Act of 2010 (42 U.S.C. ‘‘(a) STRATEGY.— 18322(c)). ‘‘(1) IN GENERAL.—The Administrator [of the Na- ‘‘(2) CONTENTS.—In preparing the report, the Ad- tional Aeronautics and Space Administration] shall ministrator shall— enter into an arrangement with the National Acad- § 20301 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 36

emies to develop a science strategy for the study and ‘‘(2) to enabling a new class of Administration mis- exploration of extrasolar planets, including the use of sions beyond low-Earth orbit; and the Transiting Exoplanet Survey Satellite, the James ‘‘(3) to improving technological capabilities and Webb Space Telescope, a potential Wide-Field Infra- promote innovation for the Administration and the red Survey Telescope mission, or any other telescope, Nation. spacecraft, or instrument, as appropriate. ‘‘(b) SENSE OF CONGRESS ON PROPULSION TECH- ‘‘(2) REQUIREMENTS.—The strategy shall— NOLOGY.—It is the sense of Congress that advancing ‘‘(A) outline key scientific questions; propulsion technology would improve the efficiency of ‘‘(B) identify the most promising research in the trips to Mars and could shorten travel time to Mars, re- field; duce astronaut health risks, and reduce radiation expo- ‘‘(C) indicate the extent to which the mission pri- sure, consumables, and mass of materials required for orities in existing decadal surveys address the key the journey. extrasolar planet research and exploration goals; ‘‘(c) POLICY.—It is the policy of the United States ‘‘(D) identify opportunities for coordination with that the Administrator [of the National Aeronautics international partners, commercial partners, and and Space Administration] shall develop technologies not-for-profit partners; and to support the Administration’s core missions, as de- ‘‘(E) make recommendations regarding the activi- scribed in section 2(3) of the National Aeronautics and ties under subparagraphs (A) through (D), as appro- Space Administration Authorization Act of 2010 (42 priate. U.S.C. 18301(3)), and support sustained investments in ‘‘(b) USE OF STRATEGY.—The Administrator shall use early stage innovation, fundamental research, and the strategy— technologies to expand the boundaries of the national ‘‘(1) to inform roadmaps, strategic plans, and other aerospace enterprise. activities of the Administration [National Aero- ‘‘(d) PROPULSION TECHNOLOGIES.—A goal of propulsion nautics and Space Administration] as they relate to technologies developed under subsection (c) shall be to extrasolar planet research and exploration; and significantly reduce human travel time to Mars. ‘‘(2) to provide a foundation for future activities ‘‘SEC. 702. SPACE TECHNOLOGY PROGRAM. and initiatives related to extrasolar planet research ‘‘(a) SPACE TECHNOLOGY PROGRAM AUTHORIZED.—The and exploration. Administrator [of the National Aeronautics and Space ‘‘(c) REPORT TO CONGRESS.—Not later than 18 months Administration] shall conduct a space technology pro- after the date of enactment of this Act [Mar. 21, 2017], gram (referred to in this section as the ‘Program’) to the National Academies shall submit to the Adminis- research and develop advanced space technologies that trator and to the appropriate committees of Congress could deliver innovative solutions across the Adminis- [Committee on Science, Space, and Technology of the tration [National Aeronautics and Space Administra- House of Representatives and Committee on Com- tion]’s space exploration and science missions. merce, Science, and Transportation of the Senate] a re- ‘‘(b) CONSIDERATIONS.—In conducting the Program, port containing the strategy developed under sub- the Administrator shall consider— section (a).’’ ‘‘(1) the recommendations of the National Acad- ASTROBIOLOGY STRATEGY emies’ review of the Administration’s Space Tech- nology roadmaps and priorities; and Pub. L. 115–10, title V, § 509, Mar. 21, 2017, 131 Stat. 50, ‘‘(2) the applicable enabling aspects of the stepping provided that: stone approach to exploration under section 70504 of ‘‘(a) STRATEGY.— title 51, United States Code. ‘‘(1) IN GENERAL.—The Administrator [of the Na- ‘‘(c) REQUIREMENTS.—In conducting the Program, the tional Aeronautics and Space Administration] shall Administrator shall— enter into an arrangement with the National Acad- ‘‘(1) to the extent practicable, use a competitive emies to develop a science strategy for astrobiology process to select research and development projects; that would outline key scientific questions, identify ‘‘(2) to the extent practicable and appropriate, use the most promising research in the field, and indicate small satellites and the Administration’s suborbital the extent to which the mission priorities in existing and ground-based platforms to demonstrate space decadal surveys address the search for life’s origin, technology concepts and developments; and evolution, distribution, and future in the Universe. ‘‘(3) as appropriate, partner with other Federal ‘‘(2) RECOMMENDATIONS.—The strategy shall include agencies, universities, private industry, and foreign recommendations for coordination with international countries. partners. ‘‘(d) SMALL BUSINESS PROGRAMS.—The Administrator ‘‘(b) USE OF STRATEGY.—The Administrator shall use shall organize and manage the Administration’s Small the strategy developed under subsection (a) in planning Business Innovation Research Program and Small Busi- and funding research and other activities and initia- ness Technology Transfer Program within the Pro- tives in the field of astrobiology. gram. ‘‘(c) REPORT TO CONGRESS.—Not later than 18 months ‘‘(e) NONDUPLICATION CERTIFICATION.—The Adminis- after the date of enactment of this Act [Mar. 21, 2017], trator shall submit a budget for each fiscal year, as the National Academies shall submit to the Adminis- transmitted to Congress under section 1105(a) of title trator and to the appropriate committees of Congress 31, United States Code, that avoids duplication of [Committee on Science, Space, and Technology of the projects, programs, or missions conducted by [the] Pro- House of Representatives and Committee on Com- gram with other projects, programs, or missions con- merce, Science, and Transportation of the Senate] a re- ducted by another office or directorate of the Adminis- port containing the strategy developed under sub- tration. section (a).’’ ‘‘(f) COLLABORATION, COORDINATION, AND ALIGNMENT.— SPACE TECHNOLOGY RESEARCH AND DEVELOPMENT ‘‘(1) IN GENERAL.—The Administrator shall— ‘‘(A) ensure that the Administration’s projects, Pub. L. 115–10, title VII, §§ 701, 702, Mar. 21, 2017, 131 programs, and activities in support of technology Stat. 56, 57 provided that: research and development of advanced space tech- ‘‘SEC. 701. SPACE TECHNOLOGY INFUSION. nologies are fully coordinated and aligned; ‘‘(a) SENSE OF CONGRESS ON SPACE TECHNOLOGY.—It is ‘‘(B) ensure that the results [of] the projects, pro- the sense of Congress that space technology is criti- grams, and activities under subparagraph (A) are cal— shared and leveraged within the Administration; ‘‘(1) to developing technologies and capabilities and that will make the Administration [National Aero- ‘‘(C) ensure that the organizational responsibility nautics and Space Administration]’s core missions for research and development activities in support more affordable and more reliable; of human space exploration not initiated as of the Page 37 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20302

date of enactment of this Act [Mar. 21, 2017] is es- HISTORICAL AND REVISION NOTES tablished on the basis of a sound rationale. Revised ‘‘(2) SENSE OF CONGRESS.—It is the sense of Congress Section Source (U.S. Code) Source (Statutes at Large) that projects, programs, and missions being con- ducted by the Human Exploration and Operations 20302 ...... 42 U.S.C. 16611(b). Pub. L. 109–155, title I, § 101(b), Dec. 30, 2005, 119 Mission Directorate in support of research and devel- Stat. 2898. opment of advanced space technologies and systems focusing on human space exploration should continue AMENDMENTS in that Directorate. ‘‘(g) REPORT.—Not later than 180 days after the date 2017—Subsec. (a). Pub. L. 115–10, § 413(1), inserted ‘‘in of enactment of this Act, the Administrator shall pro- cis-lunar space or’’ after ‘‘sustained human presence’’. vide to the appropriate committees of Congress a re- Subsec. (b). Pub. L. 115–10, § 413(2), amended subsec. port— (b) generally. Prior to amendment, text read as follows: ‘‘The Administrator shall manage human space flight ‘‘(1) comparing the Administration’s space tech- programs to strive to achieve the following milestones nology investments with the high-priority tech- (in conformity with section 70502 of this title): nology areas identified by the National Academies in ‘‘(1) Returning Americans to the Moon no later the National Research Council’s report on the Admin- than 2020. istration’s Space Technology Roadmaps; and ‘‘(2) Launching the Crew Exploration Vehicle as ‘‘(2) including— close to 2010 as possible. ‘‘(A) identification of how the Administration ‘‘(3) Increasing knowledge of the impacts of long will address any gaps between the agency’s invest- duration stays in space on the human body using the ments and the recommended technology areas, in- most appropriate facilities available, including the cluding a projection of funding requirements; and International Space Station. ‘‘(B) identification of the rationale described in ‘‘(4) Enabling humans to land on and return from subsection (f)(1)(C). Mars and other destinations on a timetable that is technically and fiscally possible.’’ ‘‘(h) ANNUAL REPORT.—The Administrator shall in- clude in the Administration’s annual budget request for Subsec. (c). Pub. L. 115–10, § 413(3), added subsec. (c). each fiscal year the rationale for assigning organiza- HUMAN SPACE EXPLORATION tional responsibility for, in the year prior to the budget fiscal year, each initiated project, program, and mis- Pub. L. 115–10, title IV, §§ 431, 432, Mar. 21, 2017, 131 sion focused on research and development of advanced Stat. 38, provided that: technologies for human space exploration.’’ ‘‘SEC. 431. FINDINGS ON HUMAN SPACE EXPLO- RATION. ‘‘Congress makes the following findings: § 20302. Vision for space exploration ‘‘(1) In accordance with section 204 of the National Aeronautics and Space Administration Authorization (a) IN GENERAL.—The Administrator shall es- Act of 2010 (124 Stat. 2813), the National Academies of tablish a program to develop a sustained human Sciences, Engineering, and Medicine, through its presence in cis-lunar space or on the Moon, in- Committee on Human Spaceflight, conducted a re- cluding a robust precursor program, to promote view of the goals, core capabilities, and direction of exploration, science, commerce, and United human space flight, and published the findings and States preeminence in space, and as a stepping- recommendations in a 2014 report entitled, ‘Pathways stone to future exploration of Mars and other to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration’. destinations. The Administrator is further au- ‘‘(2) The Committee on Human Spaceflight included thorized to develop and conduct appropriate leaders from the aerospace, scientific, security, and international collaborations in pursuit of these policy communities. goals. ‘‘(3) With input from the public, the Committee on (b) FUTURE EXPLORATION OF MARS.—The Ad- Human Spaceflight concluded that many practical ministrator shall manage human space flight and aspirational rationales for human space flight to- gether constitute a compelling case for continued na- programs, including the Space Launch System tional investment and pursuit of human space explo- and Orion, to enable humans to explore Mars ration toward the horizon goal of Mars. and other destinations by defining a series of ‘‘(4) According to the Committee on Human sustainable steps and conducting mission plan- Spaceflight, the rationales include economic benefits, ning, research, and technology development on a national security, national prestige, inspiring stu- timetable that is technically and fiscally pos- dents and other citizens, scientific discovery, human sible, consistent with section 70504. survival, and a sense of shared destiny. ‘‘(5) The Committee on Human Spaceflight affirmed (c) DEFINITIONS.—In this section: that Mars is the appropriate long-term goal for the (1) ORION.—The term ‘‘Orion’’ means the human space flight program. multipurpose crew vehicle described under sec- ‘‘(6) The Committee on Human Spaceflight rec- tion 303 of the National Aeronautics and Space ommended that NASA define a series of sustainable Administration Authorization Act of 2010 (42 steps and conduct mission planning and technology U.S.C. 18323). development as needed to achieve the long-term goal of placing humans on the surface of Mars. (2) SPACE LAUNCH SYSTEM.—The term ‘‘Space ‘‘(7) Expanding human presence beyond low-Earth Launch System’’ means has the meaning 1 orbit and advancing toward human missions to Mars given the term in section 3 of the National requires early planning and timely decisions to be Aeronautics and Space Administration Au- made in the near-term on the necessary courses of ac- thorization Act of 2010 (42 U.S.C. 18302). tion for commitments to achieve short-term and long-term goals and objectives. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3356; ‘‘(8) In addition to the 2014 report described in para- Pub. L. 115–10, title IV, § 413, Mar. 21, 2017, 131 graph (1), there are several independently developed Stat. 33.) reports or concepts that describe potential Mars ar- chitectures or concepts and identify Mars as the long- term goal for human space exploration, including 1 So in original. NASA’s ‘The Global Exploration Roadmap’ of 2013, § 20302 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 38

‘NASA’s Journey to Mars–Pioneering Next Steps in these systems facilitate the goals and objectives de- Space Exploration’ of 2015, NASA Jet Propulsion Lab- veloped under subparagraph (A) and demonstrate oratory’s ‘Minimal Architecture for Human Journeys the capabilities and technologies described in sub- to Mars’ of 2015, and Explore Mars’ ‘The Humans to paragraph (D); Mars Report 2016’. ‘‘(J) a description of the capabilities and tech- ‘‘SEC. 432. HUMAN EXPLORATION ROADMAP. nologies that need to be demonstrated or research data that could be gained through the utilization of ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress the ISS and the status of the development of such that— ‘‘(1) expanding human presence beyond low-Earth capabilities and technologies; ‘‘(K) a framework for international cooperation in orbit and advancing toward human missions to Mars the development of all capabilities and technologies in the 2030s requires early strategic planning and identified under this section, including an assess- timely decisions to be made in the near-term on the ment of the risks posed by relying on international necessary courses of action for commitments to partners for capabilities and technologies on the achieve short-term and long-term goals and objec- critical path of development; tives; ‘‘(L) a process for partnering with nongovern- ‘‘(2) for strong and sustained United States leader- mental entities using Space Act Agreements or ship, a need exists to advance a human exploration other acquisition instruments for future human roadmap, addressing exploration objectives in col- space exploration; and laboration with international, academic, and indus- ‘‘(M) include [sic] information on the phasing of try partners; planned intermediate destinations, Mars mission ‘‘(3) an approach that incrementally advances to- risk areas and potential risk mitigation ap- ward a long-term goal is one in which nearer-term de- proaches, technology requirements and phasing of velopments and implementation would influence fu- required technology development activities, the ture development and implementation; and management strategy to be followed, related ISS ‘‘(4) a human exploration roadmap should begin activities, planned international collaborative ac- with low-Earth orbit, then address in greater detail tivities, potential commercial contributions, and progress beyond low-Earth orbit to cis-lunar space, other activities relevant to the achievement of the and then address future missions aimed at human ar- goal established in this section. rival and activities near and then on the surface of ‘‘(3) CONSIDERATIONS.—In developing the human ex- Mars. ploration roadmap, the Administrator shall con- ‘‘(b) HUMAN EXPLORATION ROADMAP.— sider— ‘‘(1) IN GENERAL.—The Administrator shall develop ‘‘(A) using key exploration capabilities, namely a human exploration roadmap, including a critical the Space Launch System and Orion; decision plan, to expand human presence beyond low- ‘‘(B) using existing commercially available tech- Earth orbit to the surface of Mars and beyond, con- nologies and capabilities or those technologies and sidering potential interim destinations such as cis- capabilities being developed by industry for com- lunar space and the moons of Mars. mercial purposes; ‘‘(2) SCOPE.—The human exploration roadmap shall ‘‘(C) establishing an organizational approach to include— ensure collaboration and coordination among ‘‘(A) an integrated set of exploration, science, and NASA’s Mission Directorates under section 821 [set other goals and objectives of a United States out as a note under section 20111 of this title], when human space exploration program to achieve the appropriate, including to collect and return to long-term goal of human missions near or on the Earth a sample from the Martian surface; surface of Mars in the 2030s; ‘‘(D) building upon the initial uncrewed mission, ‘‘(B) opportunities for international, academic, EM–1, and first crewed mission, EM–2, of the Space and industry partnerships for exploration-related Launch System and Orion to establish a sustain- systems, services, research, and technology if those able cadence of missions extending human explo- opportunities provide cost-savings, accelerate pro- ration missions into cis-lunar space, including an- gram schedules, or otherwise benefit the goals and ticipated timelines and milestones; objectives developed under subparagraph (A); ‘‘(E) developing the robotic and precursor mis- ‘‘(C) sets and sequences of precursor missions in sions and activities that will demonstrate, test, and cis-lunar space and other missions or activities nec- develop key technologies and capabilities essential essary— for achieving human missions to Mars, including ‘‘(i) to demonstrate the proficiency of the capa- long-duration human operations beyond low-Earth bilities and technologies identified under sub- orbit, space suits, solar electric propulsion, deep paragraph (D); and space habitats, environmental control life support ‘‘(ii) to meet the goals and objectives developed systems, Mars lander and ascent vehicle, entry, de- under subparagraph (A), including anticipated scent, landing, ascent, Mars surface systems, and timelines and missions for the Space Launch Sys- in-situ resource utilization; tem and Orion; ‘‘(F) demonstrating and testing 1 or more habitat ‘‘(D) an identification of the specific capabilities modules in cis-lunar space to prepare for Mars mis- and technologies, including the Space Launch Sys- sions; tem, Orion, a deep space habitat, and other capa- ‘‘(G) using public-private, firm fixed-price part- bilities, that facilitate the goals and objectives de- nerships, where practicable; veloped under subparagraph (A); ‘‘(H) collaborating with international, academic, ‘‘(E) a description of how cis-lunar elements, ob- and industry partners, when appropriate; jectives, and activities advance the human explo- ‘‘(I) any risks to human health and sensitive on- ration of Mars; board technologies, including radiation exposure; ‘‘(F) an assessment of potential human health and ‘‘(J) any risks identified through research out- other risks, including radiation exposure; comes under the NASA Human Research Program’s ‘‘(G) mitigation plans, whenever possible, to ad- Behavioral Health Element; and dress the risks identified in subparagraph (F); ‘‘(K) the recommendations and ideas of several ‘‘(H) a description of those technologies already independently developed reports or concepts that under development across the Federal Government describe potential Mars architectures or concepts or by other entities that facilitate the goals and ob- and identify Mars as the long-term goal for human jectives developed under subparagraph (A); space exploration, including the reports described ‘‘(I) a specific process for the evolution of the ca- under section 431. pabilities of the fully integrated Orion with the ‘‘(4) CRITICAL DECISION PLAN ON HUMAN SPACE EXPLO- Space Launch System and a description of how RATION.—As part of the human exploration roadmap, Page 39 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 20303

the Administrator shall include a critical decision (1) REQUIREMENT.—The Administrator shall plan— submit to Congress and the President an an- ‘‘(A) identifying and defining key decisions guid- nual report describing the activities conducted ing human space exploration priorities and plans that need to be made before June 30, 2020, including pursuant to this section, including a descrip- decisions that may guide human space exploration tion of the goals and the objective metrics capability development, precursor missions, long- upon which funding decisions were made. term missions, and activities; (2) CONTENT.—Each report submitted pursu- ‘‘(B) defining decisions needed to maximize effi- ant to paragraph (1) shall include, with regard ciencies and resources for reaching the near, inter- to science, technology, engineering, and math- mediate, and long-term goals and objectives of ematics education programs, at a minimum, human space exploration; and ‘‘(C) identifying and defining timelines and mile- the following: stones for a sustainable cadence of missions begin- (A) A description of each program. ning with EM–3 for the Space Launch System and (B) The amount spent on each program. Orion to extend human exploration from cis-lunar (C) The number of students or teachers space to the surface of Mars. served by each program. ‘‘(5) REPORTS.— ‘‘(A) INITIAL HUMAN EXPLORATION ROADMAP.—The (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3356.) Administrator shall submit to the appropriate com- mittees of Congress— HISTORICAL AND REVISION NOTES ‘‘(i) an initial human exploration roadmap, in- Revised cluding a critical decision plan, before December Section Source (U.S. Code) Source (Statutes at Large) 1, 2017; and ‘‘(ii) an updated human exploration roadmap pe- 20303(a) ...... 42 U.S.C. 16611a(a). Pub. L. 110–69, title II, riodically as the Administrator considers nec- § 2001(a), (b), (c), (e), Aug. 9, 2007, 121 Stat. 582. essary but not less than biennially. 20303(b) ...... 42 U.S.C. 16611a(b). ‘‘(B) CONTENTS.—Each human exploration road- 20303(c) ...... 42 U.S.C. 16611a(c). map under this paragraph shall include a descrip- 20303(d) ...... 42 U.S.C. 16611a(e). tion of— ‘‘(i) the achievements and goals accomplished REFERENCES IN TEXT in the process of developing such capabilities and Section 101(d) of the National Aeronautics and Space technologies during the 2-year period prior to the Administration Authorization Act of 2005 (42 U.S.C. submission of the human exploration roadmap; 16611(d)), referred to in subsec. (c), is section 101(d) of and ‘‘(ii) the expected goals and achievements in the Pub. L. 109–155, title I, Dec. 30, 2005, 119 Stat. 2897, following 2-year period. which was omitted from the Code following the enact- ‘‘(C) SUBMISSION WITH BUDGET.—Each human ex- ment of this title by Pub. L. 111–314. ploration roadmap under this section shall be in- INTERNATIONAL SPACE STATION’S CONTRIBUTION TO cluded in the budget for that fiscal year transmit- NATIONAL COMPETITIVENESS ENHANCEMENT ted to Congress under section 1105(a) of title 31, United States Code.’’ Pub. L. 111–358, title II, § 204, Jan. 4, 2011, 124 Stat. [For definitions of terms used in sections 431 and 432 3994, provided that: of Pub. L. 115–10, set out above, see section 2 of Pub. L. ‘‘(a) SENSE OF CONGRESS.—It is the sense of the Con- 115–10, set out as a note under section 10101 of this gress that the International Space Station represents a title.] valuable and unique national asset which can be uti- lized to increase educational opportunities and sci- § 20303. Contribution to innovation entific and technological innovation which will en- hance the Nation’s economic security and competitive- (a) PARTICIPATION IN INTERAGENCY ACTIVI- ness in the global technology fields of endeavor. If the TIES.—The Administration shall be a full par- period for active utilization of the International Space ticipant in any interagency effort to promote in- Station is extended to at least the year 2020, the poten- novation and economic competitiveness through tial for such opportunities and innovation would be in- near-term and long-term basic scientific re- creased. Efforts should be made to fully realize that po- search and development and the promotion of tential. science, technology, engineering, and mathe- ‘‘(b) EVALUATION AND ASSESSMENT OF NASA’S INTER- matics education, consistent with the Adminis- AGENCY CONTRIBUTION.—Pursuant to the authority pro- vided in title II of the America COMPETES Act (Public tration’s mission, including authorized activi- Law 110–69 [see Tables for classification]), the Adminis- ties. trator [of NASA] shall evaluate and, where possible, ex- (b) HISTORIC FOUNDATION.—In order to carry pand efforts to maximize NASA’s [National Aero- out the participation described in subsection (a), nautics and Space Administration’s] contribution to the Administrator shall build on the historic interagency efforts to enhance science, technology, en- role of the Administration in stimulating excel- gineering, and mathematics education capabilities, and lence in the advancement of physical science to enhance the Nation’s technological excellence and and engineering disciplines and in providing op- global competitiveness. The Administrator shall iden- portunities and incentives for the pursuit of aca- tify these enhancements in the annual reports required by section 2001(e) of that Act ([former] 42 U.S.C. demic studies in science, technology, engineer- 16611a(e)) [now 51 U.S.C. 20303(d)]. ing, and mathematics. ‘‘(c) REPORT TO THE CONGRESS.—Within 120 days after (c) BALANCED SCIENCE PROGRAM AND ROBUST the date of enactment of this Act [Jan. 4, 2011], the Ad- AUTHORIZATION LEVELS.—The balanced science ministrator shall provide to the House of Representa- program authorized by section 101(d) of the Na- tives Committee on Science and Technology [now Com- tional Aeronautics and Space Administration mittee on Science, Space, and Technology] and the Authorization Act of 2005 (42 U.S.C. 16611(d)) 1 Senate Committee on Commerce, Science, and Trans- shall be an element of the contribution by the portation a report on the assessment made pursuant to subsection (a). The report shall include— Administration to the interagency programs. ‘‘(1) a description of current and potential activities (d) ANNUAL REPORT.— associated with utilization of the International Space Station which are supportive of the goals of edu- 1 See References in Text note below. cational excellence and innovation and competitive § 20304 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 40

enhancement established or reaffirmed by this Act IMPLEMENTATION OF DECADAL SURVEY’S RECOMMENDED [see Short Title of 2011 Amendment note set out DECISION RULES under section 1861 of Title 42, The Public Health and Welfare], including a summary of the goals sup- Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. ported, the number of individuals or organizations 622, provided in part: ‘‘That NASA shall implement the participating in or benefiting from such activities, recommendations of the most recent National Research and a summary of how such activities might be ex- Council planetary decadal survey and shall follow the panded or improved upon; decadal survey’s recommended decision rules regarding ‘‘(2) a description of government and private part- program implementation, including a strict adherence nerships which are, or may be, established to effec- to the recommendation that NASA include in a bal- tively utilize the capabilities represented by the anced program a flagship class mission, which may be International Space Station to enhance United executed in cooperation with one or more international States competitiveness, innovation and science, tech- partners, if such mission can be appropriately de- nology, engineering, and mathematics education; and scoped and all NASA costs for such mission can be ac- ‘‘(3) a summary of proposed actions or activities to commodated within the overall funding levels appro- be undertaken to ensure the maximum utilization of priated by Congress’’. the International Space Station to contribute to ful- fillment of the goals and objectives of this Act, and Subtitle III—Administrative the identification of any additional authority, assets, or funding that would be required to support such ac- Provisions tivities.’’ CHAPTER 301—APPROPRIATIONS, BUDGETS, § 20304. Basic research enhancement AND ACCOUNTING

(a) DEFINITION OF BASIC RESEARCH.—In this Sec. section, the term ‘‘basic research’’ has the 30101. Prior authorization of appropriations re- meaning given the term in Office of Manage- quired. ment and Budget Circular No. A–11. 30102. Working capital fund. (b) COORDINATION.—The Administrator, the Di- 30103. Budgets. rector of the National Science Foundation, the 30104. Baselines and cost controls. Secretary of Energy, the Secretary of Defense, § 30101. Prior authorization of appropriations re- and the Secretary of Commerce shall, to the ex- quired tent practicable, coordinate basic research ac- tivities related to physical sciences, technology, Notwithstanding the provisions of any other engineering, and mathematics. law, no appropriation may be made to the Ad- ministration unless previously authorized by (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.) legislation enacted by Congress. HISTORICAL AND REVISION NOTES (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.) Revised Section Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES

20304 ...... 42 U.S.C. 16658. Pub. L. 110–69, title II, § 2003, Revised Source (U.S. Code) Source (Statutes at Large) Aug. 9, 2007, 121 Stat. 583. Section

30101 ...... 42 U.S.C. 2460. Pub. L. 86–45, § 4, June 15, § 20305. National Academies decadal surveys 1959, 73 Stat. 75.

(a) IN GENERAL.—The Administrator shall The word ‘‘hereafter’’ is omitted as unnecessary. enter into agreements on a periodic basis with the National Academies for independent assess- § 30102. Working capital fund ments, also known as decadal surveys, to take (a) ESTABLISHMENT.—There is hereby estab- stock of the status and opportunities for Earth lished in the United States Treasury an Admin- and space science discipline fields and Aero- istration working capital fund. nautics research and to recommend priorities (b) AVAILABILITY OF AMOUNTS.— for research and programmatic areas over the next decade. (1) IN GENERAL.—Amounts in the fund are (b) INDEPENDENT COST ESTIMATES.—The agree- available for financing activities, services, ments described in subsection (a) shall include equipment, information, and facilities as au- independent estimates of the life cycle costs and thorized by law to be provided— technical readiness of missions assessed in the (A) within the Administration; decadal surveys whenever possible. (B) to other agencies or instrumentalities (c) REEXAMINATION.—The Administrator shall of the United States; request that each National Academies decadal (C) to any State, territory, or possession survey committee identify any conditions or or political subdivision thereof; events, such as significant cost growth or sci- (D) to other public or private agencies; or entific or technological advances, that would (E) to any person, firm, association, cor- warrant the Administration asking the National poration, or educational institution on a Academies to reexamine the priorities that the reimbursable basis. decadal survey had established. (2) CAPITAL REPAIRS.—The fund shall also be (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357.) available for the purpose of funding capital re- pairs, renovations, rehabilitation, sustain- HISTORICAL AND REVISION NOTES ment, demolition, or replacement of Adminis- Revised tration real property, on a reimbursable basis Section Source (U.S. Code) Source (Statutes at Large) within the Administration. 20305 ...... 42 U.S.C. 17823. Pub. L. 110–422, title XI, (3) NO FISCAL YEAR LIMITATION.—Amounts in § 1104, Oct. 15, 2008, 122 the fund are available without regard to fiscal Stat. 4809. year limitation. Page 41 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30103

(c) CONTENTS.—The capital of the fund consists Commerce, Science, and Transportation of the of— Senate— (1) amounts appropriated to the fund; (1) information on corporate and center gen- (2) the reasonable value of stocks of supplies, eral and administrative costs and service pool equipment, and other assets and inventories costs, including— on order that the Administrator transfers to (A) the total amount of funds being allo- the fund, less the related liabilities and unpaid cated for those purposes for any fiscal year obligations; for which the President has submitted an an- (3) payments received for loss or damage to nual budget request to Congress; property of the fund; and (B) the amount of funds being allocated for (4) refunds or rebates received on an on- those purposes for each center, for head- going basis from a credit card services pro- quarters, and for each directorate; and vider under the National Aeronautics and (C) the major activities included in each Space Administration’s credit card programs. cost category; and (2) the figures on the amount of unobligated (d) REIMBURSEMENT.—The fund shall be reim- bursed, in advance, for supplies and services at funds and unexpended funds, by appropriations rates that will approximate the expenses of op- account— (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 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3357; is being presented; Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 (B) that are estimated will remain at the Stat. 264.) end of the fiscal year in which the budget is 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) Section (C) that are estimated will remain at the 30102 ...... 42 U.S.C. 2459i. Pub. L. 108–7, div. K, title end of the fiscal year for which the budget is III, (last par. under head- being presented. ing ‘‘Administrative Pro- visions’’, at 117 Stat. 520), (c) INFORMATION IN ANNUAL BUDGET JUSTIFICA- Feb. 20, 2003, 117 Stat. 520. TION.—The Administration shall provide, at a minimum, the following information in its an- AMENDMENTS nual budget justification: 2013—Subsec. (c)(4). Pub. L. 113–6 added par. (4). (1) The actual, current, proposed funding § 30103. Budgets level, and estimated budgets for the next 5 fis- cal years by directorate, theme, program, (a) CATEGORIES.—The proposed budget for the project and activity within each appropria- Administration submitted by the President for tions account. each fiscal year shall be accompanied by docu- (2) The proposed programmatic and non-pro- ments showing— grammatic construction of facilities. (1) by program— (3) The budget for headquarters including— (A) the budget for space operations, in- (A) the budget by office, and any division cluding the International Space Station and thereof, for the actual, current, proposed the space shuttle; funding level, and estimated budgets for the (B) the budget for exploration systems; next 5 fiscal years; (C) the budget for aeronautics; (B) the travel budget for each office, and (D) the budget for space science; any division thereof, for the actual, current, (E) the budget for Earth science; and proposed funding level; and (F) the budget for microgravity science; (C) the civil service full time equivalent (G) the budget for education; assignments per headquarters office, and (H) the budget for safety oversight; and any division thereof, including the number (I) the budget for public relations; of Senior Executive Service, noncareer, detailee, and contract personnel per office. (2) the budget for technology transfer pro- grams; (4) Within 14 days of the submission of the (3) the budget for the Integrated Enterprise budget to Congress an accompanying volume Management Program, by individual element; shall be provided to the Committees on Appro- (4) the budget for the Independent Technical priations containing the following information Authority, both total and by center; for each center, facility managed by any cen- (5) the total budget for the prize program ter, and federally funded research and develop- under section 20144 of this title, and the ad- ment center operated on behalf of the Admin- ministrative budget for that program; and istration: (6) the comparable figures for at least the 2 (A) The actual, current, proposed funding previous fiscal years for each item in the pro- level, and estimated budgets for the next 5 posed budget. fiscal years by directorate, theme, program, project, and activity. (b) ADDITIONAL BUDGET INFORMATION UPON RE- (B) The proposed programmatic and non- QUEST BY COMMITTEES.—The Administration programmatic construction of facilities. shall make available, upon request from the (C) The number of civil service full time Committee on Science and Technology of the equivalent positions per center for each House of Representatives or the Committee on identified fiscal year. § 30104 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 42

(D) The number of civil service full time Pub. L. 114–113, div. B, title III, Dec. 18, 2015, 129 Stat. equivalent positions considered to be uncov- 2318. ered capacity at each location for each iden- Pub. L. 113–235, div. B, title III, Dec. 16, 2014, 128 Stat. tified fiscal year. 2203. Pub. L. 113–76, div. B, title III, Jan. 17, 2014, 128 Stat. (5) The proposed budget as designated by ob- 72. ject class for each directorate, theme, and pro- Pub. L. 113–6, div. B, title III, Mar. 26, 2013, 127 Stat. gram. 263. (6) Sufficient narrative shall be provided to Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Stat. explain the request for each program, project, 625. Pub. L. 111–117, div. B, title III, Dec. 16, 2009, 123 Stat. and activity, and an explanation for any devi- 3144. ation to previously adopted baselines for all justification materials provided to the Com- TRANSMISSION OF BUDGET ESTIMATES mittees. Pub. L. 102–588, title II, § 210, Nov. 4, 1992, 106 Stat. (d) ESTIMATE OF GROSS RECEIPTS AND PRO- 5115, provided that: ‘‘The Administrator [of the Na- tional Aeronautics and Space Administration] shall, at POSED USE OF FUNDS RELATED TO LEASE OF the time of submission of the President’s annual budg- PROPERTY.—Each annual budget request shall et, transmit to the Congress— include an annual estimate of gross receipts and ‘‘(1) a five-year budget detailing the estimated de- collections and proposed use of all funds col- velopment costs for each individual program under lected pursuant to section 20145 of this title. the jurisdiction of the National Aeronautics and Space Administration for which development costs (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3358.) are expected to exceed $200,000,000; and HISTORICAL AND REVISION NOTES ‘‘(2) an estimate of the life-cycle costs associated with each such program.’’ Similar provisions were contained in the following Revised Source (U.S. Code) Source (Statutes at Large) Section prior appropriation authorization act: Pub. L. 102–195, § 11, Dec. 9, 1991, 105 Stat. 1612. 30103(a) ...... 42 U.S.C. 16611(h)(1). Pub. L. 109–155, title I, § 101(h)(1), (i), Dec. 30, 2005, 119 Stat. 2903. § 30104. Baselines and cost controls 30103(b) ...... 42 U.S.C. 16611(i). 30103(c) ...... 42 U.S.C. 16611b. Pub. L. 110–161, div. B, title (a) DEFINITIONS.—In this section: III, (7th par. under head- ing ‘‘Administrative Pro- (1) DEVELOPMENT.—The term ‘‘development’’ visions’’, at 121 Stat. 1919), means the phase of a program following the Dec. 26, 2007, 121 Stat. 1919. formulation phase and beginning with the ap- 30103(d) ...... 42 U.S.C. 16611b Pub. L. 111–8, div. B, title proval to proceed to implementation, as de- note. III, (3d proviso in par. under heading ‘‘Cross fined in the Administration’s Procedural Re- Agency Support’’, at 123 quirements 7120.5E, dated August 14, 2012. Stat. 589), Mar. 11, 2009, 123 Stat. 589. (2) DEVELOPMENT COST.—The term ‘‘develop- ment cost’’ means the total of all costs, in- In subsection (a)(5), the source law’s reference to cluding construction of facilities and civil ‘‘section 104’’ of the National Aeronautics and Space servant costs, from the period beginning with Administration Authorization Act of 2005 (Public Law the approval to proceed to implementation 109–155, 119 Stat. 2910) is translated as ‘‘section 20144’’ of title 51. Section 104 of the National Aeronautics and through the achievement of operational readi- Space Administration Authorization Act of 2005 amend- ness, without regard to funding source or man- ed the National Aeronautics and Space Act of 1958 agement control, for the life of the program. (Public Law 85–568, 72 Stat. 426) by inserting a new sec- (3) LIFE-CYCLE COST.—The term ‘‘life-cycle tion 314, which is restated as section 20144 of title 51. cost’’ means the total of the direct, indirect, In subsection (b), in the matter before paragraph (1), recurring, and nonrecurring costs, including the words ‘‘Committee on Science and Technology’’ are the construction of facilities and civil servant substituted for ‘‘Committee on Science’’ on authority costs, and other related expenses incurred or of Rule X(1)(o) of the Rules of the House of Representa- tives, adopted by House Resolution No. 6 (110th Con- estimated to be incurred in the design, devel- gress, January 5, 2007). opment, verification, production, operation, In subsection (c), in the matter before paragraph (1), maintenance, support, and retirement of a the words ‘‘For fiscal year 2009 and hereafter’’ are omit- program over its planned lifespan, without re- ted as unnecessary. gard to funding source or management con- CHANGE OF NAME trol. (4) MAJOR PROGRAM.—The term ‘‘major pro- Committee on Science and Technology of House of Representatives changed to Committee on Science, gram’’ means an activity approved to proceed Space, and Technology of House of Representatives by to implementation that has an estimated life- House Resolution No. 5, One Hundred Twelfth Congress, cycle cost of more than $250,000,000. Jan. 5, 2011. (b) CONDITIONS FOR DEVELOPMENT.— ESTIMATES OF RECEIPTS AND COLLECTIONS AND PRO- (1) IN GENERAL.—The Administration shall POSED USE OF FUNDS FROM LEASES OF NON-EXCESS not enter into a contract for the development PROPERTY of a major program unless the Administrator Pub. L. 115–141, div. B, title III, Mar. 23, 2018, 132 Stat. determines that— 431, provided in part: ‘‘That each annual budget request (A) the technical, cost, and schedule risks shall include an annual estimate of gross receipts and of the program are clearly identified and the collections and proposed use of all funds collected pur- program has developed a plan to manage suant to section 20145 of title 51, United States Code.’’ Similar provisions were contained in the following those risks; prior appropriation acts: (B) the technologies required for the pro- Pub. L. 115–31, div. B, title III, May 5, 2017, 131 Stat. gram have been demonstrated in a relevant 214. laboratory or test environment; and Page 43 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30104

(C) the program complies with all relevant (B) a milestone of the program is likely to policies, regulations, and directives of the be delayed by 6 months or more from the Administration. date provided for it in the Baseline Report of the program. (2) REPORT.—The Administrator shall trans- mit a report describing the basis for the deter- (2) REASONS.—Not later than 30 days after mination required under paragraph (1) to the the notification required under paragraph (1), Committee on Science and Technology of the the individual identified under subsection House of Representatives and the Committee (c)(2)(E) shall transmit to the Administrator a on Commerce, Science, and Transportation of written notification explaining the reasons for the Senate at least 30 days before entering the change in the cost or milestone of the pro- into a contract for development under a major gram for which notification was provided program. under paragraph (1). (3) NONDELEGATION.—The Administrator may (3) NOTIFICATION OF CONGRESS.—Not later not delegate the determination requirement than 15 days after the Administrator receives under this subsection, except in cases in which a written notification under paragraph (2), the the Administrator has a conflict of interest. Administrator shall transmit the notification 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 time as the President’s annual budget submis- mittee on Commerce, Science, and Transpor- sion to Congress, the Administrator shall tation of the Senate. transmit to the Committee on Science and (e) FIFTEEN PERCENT THRESHOLD.— Technology of the House of Representatives (1) DETERMINATION, REPORT, AND INITIATION and the Committee on Commerce, Science, OF ANALYSIS.—Not later than 30 days after re- and Transportation of the Senate a report that ceiving a written notification under sub- includes the information required by this sec- section (d)(2), the Administrator shall deter- tion for each major program for which the Ad- mine whether the development cost of the pro- ministration proposes to expend funds in the gram is likely to exceed the estimate provided subsequent fiscal year. Reports under this in the Baseline Report of the program by 15 paragraph shall be known as Major Program percent or more, or whether a milestone is Annual Reports. likely to be delayed by 6 months or more. If (2) BASELINE REPORT.—The first Major Pro- the determination is affirmative, the Adminis- gram Annual Report for each major program trator shall— shall include a Baseline Report that shall, at (A) transmit to the Committee on Science a minimum, include— and Technology of the House of Representa- (A) the purposes of the program and key tives and the Committee on Commerce, technical characteristics necessary to fulfill Science, and Transportation of the Senate, those purposes; not later than 15 days after making the de- (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— submitted, each subsequent Major Program (i) the projected cost and schedule for Annual Report shall describe any changes to completing the program if current require- the information that had been provided in the ments of the program are not modified; Baseline Report, and the reasons for those (ii) the projected cost and the schedule changes. for completing the program after institut- ing the actions described under subpara- (d) NOTIFICATION.— graph (A)(ii); and (1) REQUIREMENT.—The individual identified under subsection (c)(2)(E) shall immediately (iii) a description of, and the projected notify the Administrator any time that indi- cost and schedule for, a broad range of al- vidual has reasonable cause to believe that, ternatives to the program. for the major program for which he or she is (2) COMPLETION OF ANALYSIS AND TRANSMIT- responsible— TAL TO COMMITTEES.—The Administration shall (A) the development cost of the program is complete an analysis initiated under para- likely to exceed the estimate provided in the graph (1)(B) not later than 6 months after the Baseline Report of the program by 15 percent Administrator makes a determination under or more; or this subsection. The Administrator shall § 30104 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 44

transmit the analysis to the Committee on ‘‘(a) FINDINGS.—Congress makes the following find- Science and Technology of the House of Rep- ings: resentatives and Committee on Commerce, ‘‘(1) A 2012 investigation by the Committee on Science, and Transportation of the Senate not Armed Services of the Senate of counterfeit elec- tronic parts in the Department of Defense supply later than 30 days after its completion. chain from 2009 through 2010 uncovered 1,800 cases (f) THIRTY PERCENT THRESHOLD.—If the Ad- and over 1,000,000 counterfeit parts and exposed the ministrator determines under subsection (e) threat such counterfeit parts pose to service members that the development cost of a program will ex- and national security. ceed the estimate provided in the Baseline Re- ‘‘(2) Since 2010, the Comptroller General of the United States has identified in 3 separate reports the port of the program by more than 30 percent, risks and challenges associated with counterfeit parts then, beginning 18 months after the date the Ad- and counterfeit prevention at both the Department of ministrator transmits a report under subsection Defense and NASA, including inconsistent definitions (e)(1)(A), the Administrator shall not expend of counterfeit parts, poorly targeted quality control any additional funds on the program, other than practices, and potential barriers to improvements to termination costs, unless Congress has subse- these practices. quently authorized continuation of the program ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress by law. An appropriation for the specific pro- that the presence of counterfeit electronic parts in the gram enacted subsequent to a report being NASA supply chain poses a danger to United States government astronauts, crew, and other personnel and transmitted shall be considered an authoriza- a risk to the agency overall. tion for purposes of this subsection. If the pro- ‘‘(c) REGULATIONS.— gram is continued, the Administrator shall sub- ‘‘(1) IN GENERAL.—Not later than 270 days after the mit a new Baseline Report for the program no date of enactment of this Act [Mar. 21, 2017], the Ad- later than 90 days after the date of enactment of ministrator shall revise the NASA Supplement to the the Act under which Congress has authorized Federal Acquisition Regulation to improve the detec- continuation of the program. tion and avoidance of counterfeit electronic parts in the supply chain. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3360; ‘‘(2) CONTRACTOR RESPONSIBILITIES.—In revising the Pub. L. 115–10, title VIII, § 828, Mar. 21, 2017, 131 regulations under paragraph (1), the Administrator Stat. 66.) shall— ‘‘(A) require each covered contractor— HISTORICAL AND REVISION NOTES ‘‘(i) to detect and avoid the use or inclusion of any counterfeit parts in electronic parts or prod- Revised ucts that contain electronic parts; Section Source (U.S. Code) Source (Statutes at Large) ‘‘(ii) to take such corrective actions as the Ad- 30104 ...... 42 U.S.C. 16613. Pub. L. 109–155, title I, § 103, ministrator considers necessary to remedy the Dec. 30, 2005, 119 Stat. use or inclusion described in clause (i); and 2907. ‘‘(iii) including a subcontractor, to notify the applicable NASA contracting officer not later In subsections (b)(2), (c)(1), (d)(3), and (e)(1)(A), (2), than 30 calendar days after the date the covered the words ‘‘Committee on Science and Technology’’ are substituted for ‘‘Committee on Science’’ on authority contractor becomes aware, or has reason to sus- of Rule X(1)(o) of the Rules of the House of Representa- pect, that any end item, component, part or ma- tives, adopted by House Resolution No. 6 (110th Con- terial contained in supplies purchased by NASA, gress, January 5, 2007). or purchased by a covered contractor or sub- contractor for delivery to, or on behalf of, NASA, AMENDMENTS contains a counterfeit electronic part or suspect 2017—Subsec. (a)(1). Pub. L. 115–10 substituted ‘‘Pro- counterfeit electronic part; and cedural Requirements 7120.5E, dated August 14, 2012’’ ‘‘(B) prohibit the cost of counterfeit electronic for ‘‘Procedural Requirements 7120.5c, dated March 22, parts, suspect counterfeit electronic parts, and any 2005’’. corrective action described under subparagraph (A)(ii) from being included as allowable costs under CHANGE OF NAME agency contracts, unless— Committee on Science and Technology of House of ‘‘(i)(I) the covered contractor has an oper- Representatives changed to Committee on Science, ational system to detect and avoid counterfeit Space, and Technology of House of Representatives by electronic parts and suspect counterfeit elec- House Resolution No. 5, One Hundred Twelfth Congress, tronic parts that has been reviewed and approved Jan. 5, 2011. by NASA or the Department of Defense; and ‘‘(II) the covered contractor has provided the CHAPTER 303—CONTRACTING AND notice under subparagraph (A)(iii); or PROCUREMENT ‘‘(ii) the counterfeit electronic parts or suspect counterfeit electronic parts were provided to the Sec. covered contractor as Government property in ac- 30301. Guaranteed customer base. cordance with part 45 of the Federal Acquisition 30302. Quality assurance personnel. Regulation. 30303. Tracking and data relay satellite services. ‘‘(3) SUPPLIERS OF ELECTRONIC PARTS.—In revising 30304. Award of contracts to small businesses and the regulations under paragraph (1), the Adminis- disadvantaged individuals. 30305. Outreach program. trator shall— 30306. Small business contracting. ‘‘(A) require NASA and covered contractors, in- 30307. Requirement for independent cost analysis. cluding subcontractors, at all tiers— 30308. Cost effectiveness calculations. ‘‘(i) to obtain electronic parts that are in pro- 30309. Use of abandoned and underutilized buildings, duction or currently available in stock from— grounds, and facilities. ‘‘(I) the original manufacturers of the parts or 30310. Exception to alternative fuel procurement re- their authorized dealers; or quirement. ‘‘(II) suppliers who obtain such parts exclu- sively from the original manufacturers of the DETECTION AND AVOIDANCE OF COUNTERFEIT PARTS parts or their authorized dealers; and Pub. L. 115–10, title VIII, § 823, Mar. 21, 2017, 131 Stat. ‘‘(ii) to obtain electronic parts that are not in 62, provided that: production or currently available in stock from Page 45 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30302

suppliers that meet qualification requirements ‘‘(D) the performance by, or assistance of, con- established under subparagraph (C); tractors in technical evaluations on major acquisi- ‘‘(B) establish documented requirements consist- tion programs; ent with published industry standards or Govern- ‘‘(2) require the Administration to request advice ment contract requirements for— on systems architecture and systems engineering ‘‘(i) notification of the agency; and matters with respect to major acquisition programs ‘‘(ii) inspection, testing, and authentication of from objective sources independent of the prime con- electronic parts that NASA or a covered contrac- tractor; tor, including a subcontractor, obtains from any ‘‘(3) require that a contract for the performance of source other than a source described in subpara- systems engineering and technical assistance func- graph (A); tions for a major acquisition program contains a pro- ‘‘(C) establish qualification requirements, con- vision prohibiting the contractor or any affiliate of sistent with the requirements of section 2319 of the contractor from participating as a prime contrac- title 10, United States Code, pursuant to which tor or a major subcontractor in the development of a NASA may identify suppliers that have appropriate system under the program; and policies and procedures in place to detect and avoid ‘‘(4) establish such limited exceptions to the counterfeit electronic parts and suspect counterfeit requirement[s] in paragraphs (2) and (3) as the Ad- electronic parts; and ministrator considers necessary to ensure that the ‘‘(D) authorize a covered contractor, including a Administration has continued access to advice on subcontractor, to identify and use additional sup- systems architecture and systems engineering mat- pliers beyond those identified under subparagraph ters from highly qualified contractors with domain (C) if— experience and expertise, while ensuring that such ‘‘(i) the standards and processes for identifying advice comes from sources that are objective and un- such suppliers comply with established industry biased.’’ standards; ‘‘(ii) the covered contractor assumes respon- § 30301. Guaranteed customer base sibility for the authenticity of parts provided by No amount appropriated to the Administra- such suppliers under paragraph (2); and tion may be used to fund grants, contracts, or ‘‘(iii) the selection of such suppliers is subject to review and audit by NASA. other agreements with an expected duration of ‘‘(d) DEFINITIONS.—In this section: more than one year, when a primary effect of ‘‘(1) COVERED CONTRACTOR.—The term ‘covered con- the grant, contract, or agreement is to provide tractor’ means a contractor that supplies an elec- a guaranteed customer base for or establish an tronic part, or a product that contains an electronic anchor tenancy in new commercial space hard- part, to NASA. ware or services unless an appropriations Act ‘‘(2) ELECTRONIC PART.—The term ‘electronic part’ specifies the new commercial space hardware or means a discrete electronic component, including a services to be developed or used, or the grant, microcircuit, transistor, capacitor, resistor, or diode, that is intended for use in a safety or mission critical contract, or agreement is otherwise identified in application.’’ such Act. [For definitions of terms used in section 823 of Pub. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) L. 115–10, set out above, see section 2 of Pub. L. 115–10, set out as a note under section 10101 of this title.] HISTORICAL AND REVISION NOTES AVOIDING ORGANIZATIONAL CONFLICTS OF INTEREST IN Revised Source (U.S. Code) Source (Statutes at Large) MAJOR ADMINISTRATION ACQUISITION PROGRAMS Section

Pub. L. 115–10, title VIII, § 830, Mar. 21, 2017, 131 Stat. 30301 ...... 42 U.S.C. 2459d. Pub. L. 102–139, title III, (1st 66, provided that: par. under heading ‘‘Ad- ‘‘(a) REVISED REGULATIONS REQUIRED.—Not later than ministrative Provisions’’, at 105 Stat. 771), Oct. 28, 270 days after the date of enactment of this Act [Mar. 1991, 105 Stat. 771. 21, 2017], the Administrator [of the National Aero- nautics and Space Administration] shall revise the [Na- The words ‘‘in this or any other Act with respect to tional Aeronautics and Space] Administration Supple- any fiscal year’’ are omitted as unnecessary. ment to the Federal Acquisition Regulation to provide uniform guidance and recommend revised requirements § 30302. Quality assurance personnel for organizational conflicts of interest by contractors (a) EXCLUSION OF ADMINISTRATION PERSON- in major acquisition programs in order to address the elements identified in subsection (b). NEL.—A person providing articles to the Admin- ‘‘(b) ELEMENTS.—The revised regulations under sub- istration under a contract entered into after De- section (a) shall, at a minimum— cember 9, 1991, may not exclude Administration ‘‘(1) address organizational conflicts of interest quality assurance personnel from work sites ex- that could potentially arise as a result of— cept as provided in a contract provision that has ‘‘(A) lead system integrator contracts on major been submitted to Congress as provided in sub- acquisition programs and contracts that follow lead section (b). system integrator contracts on such programs, par- (b) CONTRACT PROVISIONS.—The Administra- ticularly contracts for production; ‘‘(B) the ownership of business units performing tion shall not enter into any contract which per- systems engineering and technical assistance func- mits the exclusion of Administration quality as- tions, professional services, or management support surance personnel from work sites unless the services in relation to major acquisition programs Administrator has submitted a copy of the pro- by contractors who simultaneously own business vision permitting such exclusion to Congress at units competing to perform as either the prime con- least 60 days before entering into the contract. tractor or the supplier of a major subsystem or component for such programs; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3363.) ‘‘(C) the award of major subsystem contracts by a prime contractor for a major acquisition program HISTORICAL AND REVISION NOTES to business units or other affiliates of the same par- Revised ent corporate entity, and particularly the award of Section Source (U.S. Code) Source (Statutes at Large) subcontracts for software integration or the devel- opment of a proprietary software system architec- 30302 ...... 42 U.S.C. 2459e. Pub. L. 102–195, § 19, Dec. 9, 1991, 105 Stat. 1615. ture; or § 30303 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 46

In subsection (a), the date ‘‘December 9, 1991’’ is sub- § 30304. Award of contracts to small businesses stituted for ‘‘the date of enactment of this Act’’ to re- and disadvantaged individuals flect the date of enactment of the National Aeronautics and Space Administration Authorization Act, Fiscal The Administrator shall annually establish a Year 1992 (Public Law 102–195, 105 Stat. 1605). goal of at least 8 percent of the total value of In subsection (a), the words ‘‘that has been submitted prime and subcontracts awarded in support of to Congress as provided’’ are substituted for ‘‘de- authorized programs, including the space sta- scribed’’ for clarity. tion by the time operational status is obtained, § 30303. Tracking and data relay satellite services which funds will be made available to small business concerns or other organizations owned (a) CONTRACTS.—The Administration is au- or controlled by socially and economically dis- thorized, when so provided in an appropriation advantaged individuals (within the meaning of Act, to enter into and to maintain a contract for paragraphs (5) and (6) of section 8(a) of the tracking and data relay satellite services. Such Small Business Act (15 U.S.C. 637(a))), including services shall be furnished to the Administra- Historically Black Colleges and Universities tion in accordance with applicable authorization that are part B institutions (as defined in sec- and appropriations Acts. The Government shall tion 322(2) of the Higher Education Act of 1965 incur no costs under such contract prior to the (20 U.S.C. 1061(2))), Hispanic-serving institutions furnishing of such services except that the con- (as defined in section 502(a)(5) of that Act (20 tract may provide for the payment for contin- U.S.C. 1101a(a)(5))), Tribal Colleges or Univer- gent liability of the Government which may ac- sities (as defined in section 316(b)(3) of that Act crue in the event the Government should decide (20 U.S.C. 1059c(b)(3))), Alaska Native-serving in- for its convenience to terminate the contract stitutions (as defined in section 317(b)(2) of that before the end of the period of the contract. Fa- Act (20 U.S.C. 1059d(b)(2))), Native Hawaiian- cilities which may be required in the perform- serving institutions (as defined in section ance of the contract may be constructed on Gov- 317(b)(4) of that Act (20 U.S.C. 1059d(b)(4))), and ernment-owned lands if there is included in the minority educational institutions (as defined by contract a provision under which the Govern- the Secretary of Education pursuant to the Gen- ment may acquire title to the facilities, under eral Education Provisions Act (20 U.S.C. 1221 et terms and conditions agreed upon in the con- seq.)). tract, upon termination of the contract. (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 Source (U.S. Code) Source (Statutes at Large) resentatives and the Committee on Commerce, Section 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 and Disadvantaged Busi- aggregate contingent liability of the Govern- ness’’, at 103 Stat. 863), ment under termination provisions of any con- Nov. 9, 1989, 103 Stat. 863; Pub. L. 109–155, title VI, tract authorized in this section through the next § 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 the phrase ‘‘Alaska Native-serving institutions (as de- repealed by legislation enacted by Congress. 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 REFERENCES IN TEXT Section Source (U.S. Code) Source (Statutes at Large) The General Education Provisions Act, referred to in 30303(a) ...... 42 U.S.C. 2463 (1st Pub. L. 95–76, § 6, July 30, text, is title IV of Pub. L. 90–247, Jan. 2, 1968, 81 Stat. par.). 1977, 91 Stat. 315; Pub. L. 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 of this Act to the Code, see section 1221 of Title 20 and par.). Tables. In subsection (b), the words ‘‘Committee on Science § 30305. Outreach program and Technology’’ are substituted for ‘‘Committee on 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. competitively select an organization to partner 21), Rule X(1)(n) of the Rules of the House of Represent- with Administration centers, aerospace contrac- atives, adopted by House Resolution No. 5 (106th Con- 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 programs. The program shall support the mis- Committee on Science and Technology of House of 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. Page 47 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30307

(b) PROGRAM STRUCTURE.—In carrying out the § 30306. Small business contracting program described in subsection (a), the organi- (a) PLAN.—In consultation with the Small zation shall support the mission of the Adminis- Business Administration, the Administrator tration’s Innovative Partnerships Program by shall develop a plan to maximize the number undertaking the following activities: and amount of contracts awarded to small busi- (1) FACILITATING ENHANCED INSIGHT.—Facili- ness concerns (within the meaning given that tating the enhanced insight of the private sec- term in section 3 of the Small Business Act (15 tor into the Administration’s technologies in U.S.C. 632)) and to meet established contracting order to increase the competitiveness of the goals for such concerns. private sector in producing viable commercial (b) PRIORITY.—The Administrator shall estab- products. lish as a priority meeting the contracting goals (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- sis (c) REPORT.—Not later than one year after Oc- 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 and reporting standards for carrying out this that received technical assistance through the section, the Administrator shall, to the extent program; and practicable and consistent with other laws, so- (3) an accounting of the use of funds appro- licit the advice of experts outside of the Admin- priated for the program. istration. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3364.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3365.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) Revised Section Source (U.S. Code) Source (Statutes at Large) 30305 ...... 42 U.S.C. 17824. Pub. L. 110–422, title XI, § 1107, Oct. 15, 2008, 122 30307 ...... 42 U.S.C. 2459g. Pub. L. 106–391, title III, Stat. 4810. § 301, Oct. 30, 2000, 114 Stat. 1591; Pub. L. 109–155, title VII, § 704, Dec. 30, In subsection (c), in the matter before paragraph (1), 2005, 119 Stat. 2936. the date ‘‘October 15, 2008’’ is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enact- In subsection (b), in the first sentence, the words ment of the National Aeronautics and Space Adminis- ‘‘the Administrator shall conduct’’ are substituted for tration Authorization Act of 2008. ‘‘the Administrator for the National Aeronautics and Space Administration shall conduct’’ to eliminate un- necessary words. CHANGE OF NAME In subsection (b), in the last sentence, the word ‘‘ex- Committee on Science and Technology of House of perts’’ is substituted for ‘‘expertise’’ for clarity. Representatives changed to Committee on Science, Space, and Technology of House of Representatives by COST ESTIMATION House Resolution No. 5, One Hundred Twelfth Congress, Pub. L. 115–10, title VIII, § 836, Mar. 21, 2017, 131 Stat. Jan. 5, 2011. 69, provided that: § 30308 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 48

‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress pansion of a facility to meet requirements of the that— Administration, the Administrator shall con- ‘‘(1) realistic cost estimating is critically impor- sider whether those requirements could be met tant to the ultimate success of major space develop- ment projects; and by the use of one of the following: ‘‘(2) the [National Aeronautics and Space] Adminis- (1) Abandoned or underutilized buildings, tration has devoted significant efforts over the past 5 grounds, and facilities in depressed commu- years to improving its cost estimating capabilities, nities that can be converted to Administration but it is important that the Administration continue usage at a reasonable cost, as determined by its efforts to develop and implement guidance in es- the Administrator. tablishing realistic cost estimates. (2) Any military installation that is closed ‘‘(b) GUIDANCE AND CRITERIA.—The Administrator [of or being closed, or any facility at such an in- the National Aeronautics and Space Administration] shall provide to its acquisition programs and projects, stallation. in a manner consistent with the Administration’s (3) Any other facility or part of a facility Space Flight Program and Project Management Re- that the Administrator determines to be— quirements— (A) owned or leased by the United States ‘‘(1) guidance on when to use an Independent Cost for the use of another agency of the Federal Estimate and Independent Cost Assessment; and Government; and ‘‘(2) criteria to use to make a determination under (B) considered by the head of the agency paragraph (1).’’ involved to be— § 30308. Cost effectiveness calculations (i) excess to the needs of that agency; or (ii) underutilized by that agency. (a) DEFINITIONS.—In this section: (1) COMMERCIAL PROVIDER.—The term ‘‘com- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) mercial provider’’ means any person providing HISTORICAL AND REVISION NOTES space transportation services or other space- related activities, the primary control of Revised Source (U.S. Code) Source (Statutes at Large) which is held by persons other than a Federal, Section State, local, or foreign government. 30309 ...... 42 U.S.C. 2473d. Pub. L. 106–391, title III, (2) STATE.—The term ‘‘State’’ means each of § 325, Oct. 30, 2000, 114 Stat. 1600. the several States of the United States, the District of Columbia, the Commonwealth of PRIOR PROVISIONS Puerto Rico, the Virgin Islands, Guam, Amer- Provisions similar to those in this section were con- ican Samoa, the Commonwealth of the North- tained in the following prior appropriation authoriza- ern Mariana Islands, and any other common- tion act: wealth, territory, or possession of the United Pub. L. 102–588, title II, § 220, Nov. 4, 1992, 106 Stat. States. 5118. (b) IN GENERAL.—Except as otherwise required § 30310. Exception to alternative fuel procure- by law, in calculating the cost effectiveness of ment requirement the cost of the Administration engaging in an activity as compared to a commercial provider, Section 526(a) 1 of the Energy Independence the Administrator shall compare the cost of the and Security Act of 2007 (42 U.S.C. 17142(a)) does Administration engaging in the activity using not prohibit the Administration from entering full cost accounting principles with the price into a contract to purchase a generally available the commercial provider will charge for such ac- fuel that is not an alternative or synthetic fuel tivity. or predominantly produced from a nonconven- tional petroleum source, if— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) (1) the contract does not specifically require HISTORICAL AND REVISION NOTES the contractor to provide an alternative or synthetic fuel or fuel from a nonconventional Revised petroleum source; Section Source (U.S. Code) Source (Statutes at Large) (2) the purpose of the contract is not to ob- 30308(a) ...... (no source) tain an alternative or synthetic fuel or fuel 30308(b) ...... 42 U.S.C. 2459h. Pub. L. 106–391, title III, § 304, Oct. 30, 2000, 114 from a nonconventional petroleum source; and Stat. 1592. (3) the contract does not provide incentives 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- propriate definitions from section 3 of the National a nonconventional petroleum source. Aeronautics and Space Administration Authorization (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3366.) Act of 2000 (Public Law 106–391, 114 Stat. 1579, 1580). HISTORICAL AND REVISION NOTES § 30309. Use of abandoned and underutilized buildings, grounds, and facilities Revised Section Source (U.S. Code) Source (Statutes at Large) (a) DEFINITION OF DEPRESSED COMMUNITIES.—In 30310 ...... 42 U.S.C. 17827. Pub. L. 110–422, title XI, this section, the term ‘‘depressed communities’’ § 1112, Oct. 15, 2008, 122 means rural and urban communities that are Stat. 4811. relatively depressed, in terms of age of housing, extent of poverty, growth of per capita income, REFERENCES IN TEXT extent of unemployment, job lag, or surplus Section 526(a) of the Energy Independence and Secu- labor. rity Act of 2007, referred to in text, probably means sec- (b) IN GENERAL.—In any case in which the Ad- ministrator considers the purchase, lease, or ex- 1 See References in Text note below. Page 49 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30310 tion 526 of Pub. L. 110–140, which is classified to section Commissions under special assignment for such pur- 17142 of Title 42, The Public Health and Welfare, but poses by the Director of the Federal Mediation and does not contain subsecs. Conciliation Service. SEC. 6. Executive Order No. 10946 of May 26, 1961, is CHAPTER 305—MANAGEMENT AND REVIEW hereby revoked. LYNDON B. JOHNSON. Sec. 30501. Lessons learned and best practices. TASK FORCE ON SPACE INDUSTRY WORKFORCE AND 30502. Whistleblower protection. ECONOMIC DEVELOPMENT 30503. Performance assessments. 30504. Assessment of science mission extensions. Memorandum of President of the United States, May 3, 2010, 75 F.R. 24781, provided: ASSESSMENT OF IMPEDIMENTS TO SPACE SCIENCE AND Memorandum for the Secretary of Defense[,] the Sec- ENGINEERING WORKFORCE DEVELOPMENT FOR MINOR- retary of Commerce[,] the Secretary of Labor[,] the ITY AND UNDERREPRESENTED GROUPS AT NASA Secretary of Housing and Urban Development[,] the Secretary of Transportation[,] the Secretary of Pub. L. 111–358, title II, § 203, Jan. 4, 2011, 124 Stat. Education[,] the Director of the Office of Management 3994, provided that: and Budget[,] the Administrator of the Small Business ‘‘(a) ASSESSMENT.—The Administrator [of NASA] Administration[,] the Administrator of the National shall enter into an arrangement for an independent as- Aeronautics and Space Administration[,] the Chair of sessment of any impediments to space science and engi- the Council of Economic Advisers[,] the Director of Na- neering workforce development for minority and under- tional Intelligence[,] the Director of the Office of represented groups at NASA [National Aeronautics and Science and Technology Policy[, and] the Director of Space Administration], including recommendations the National Economic Council on— My Administration is committed to implementing a ‘‘(1) measures to address such impediments; bold, new approach to human spaceflight. Supported by ‘‘(2) opportunities for augmenting the impact of a $6 billion increase to the National Aeronautics and space science and engineering workforce development Space Administration’s (NASA) budget over the next 5 activities and for expanding proven, effective pro- years, this strategy will foster the development of grams; and path-breaking technologies, increase the reach and re- ‘‘(3) best practices and lessons learned, as identified duce the cost of human and robotic exploration of through the assessment, to help maximize the effec- space, and help create thousands of new jobs. tiveness of existing and future programs to increase NASA’s budget also includes $429 million next year, the participation of minority and underrepresented and $1.9 billion over the next 5 years, to modernize the groups in the space science and engineering work- Kennedy Space Center and other nearby space launch force at NASA. facilities in Florida. This modernization effort will help ‘‘(b) REPORT.—A report on the assessment carried out spur new commercial business and innovation and pro- under subsection (a) shall be transmitted to the House vide additional good jobs to the region. While all of the of Representatives Committee on Science and Tech- new aspects of my Administration’s plan together will nology [now Committee on Science, Space, and Tech- create thousands of new jobs in Florida, past decisions nology] and the Senate Committee on Commerce, to end the Space Shuttle program will still affect fami- Science, and Transportation not later than 15 months lies and communities along Florida’s ‘‘Space Coast.’’ after the date of enactment of this Act [Jan. 4, 2011]. Building on this significant new investment at the ‘‘(c) IMPLEMENTATION.—To the extent practicable, the Kennedy Space Center and my increased budget for Administrator shall take all necessary steps to address NASA overall, I am committed to taking additional any impediments identified in the assessment.’’ 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 some of the most talented and highly trained in the Na- Ex. Ord. No. 11374, Oct. 11, 1967, 32 F.R. 14199, pro- tion. It is critical that their skills are tapped as we vided: transform and expand the country’s space exploration By virtue of the authority vested in me as President efforts. That is why I am launching a $40 million, of the United States, it is ordered as follows: multi-agency initiative to help the Space Coast trans- SECTION 1. The Missile Sites Labor Commission is form their economies and prepare their workers for the hereby abolished and its functions and responsibilities opportunities of tomorrow. This effort will build on and are transferred to the Federal Mediation and Concilia- complement ongoing local and Federal economic and tion Service. workforce-development efforts through a Task Force SEC. 2. The Director of the Federal Mediation and composed of senior-level Administration officials from Conciliation Service shall establish within the Federal relevant agencies that will construct an economic de- Mediation and Conciliation Service such procedures as velopment action plan by August 15, 2010. may be necessary to provide for continued priority for To these ends, I hereby direct the following: resolution of labor disputes or potential labor disputes SECTION 1. Establishment of the Task Force on Space In- at missile and space sites, and shall seek the continued dustry Workforce and Economic Development. There is es- cooperation of manufacturers, contractors, construc- tablished a Task Force on Space Industry Workforce tion concerns, and labor unions in avoiding uneco- and Economic Development (Task Force) to develop, in nomical operations and work stoppages at missile and collaboration with local stakeholders, an interagency space sites. action plan to facilitate economic development strate- SEC. 3. The Department of Defense, the National gies and plans along the Space Coast and to provide Aeronautics and Space Administration, and other ap- training and other opportunities for affected aerospace propriate government departments and agencies shall workers so they are equipped to contribute to new de- continue to cooperate in the avoidance of uneco- velopments in America’s space program and related in- nomical operations and work stoppages at missile and dustries. The Secretary of Commerce and the Adminis- space sites. They shall also assist the Federal Medi- trator of NASA shall serve as Co-Chairs of the Task ation and Conciliation Service in the discharge of its Force. responsibilities under this order. (a) Membership of the Task Force. In addition to the SEC. 4. All records and property of the Missile Sites Co-Chairs, the Task Force shall consist of the following Labor Commission are hereby transferred to the Fed- members: eral Mediation and Conciliation Service. (i) the Secretary of Defense; SEC. 5. Any disputes now before the Missile Sites (ii) the Secretary of Labor; Labor Commission shall be resolved by the personnel (iii) the Secretary of Housing and Urban Develop- now serving as members of the Missile Sites Labor ment; § 30501 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 50

(iv) the Secretary of Transportation; (c) explores future workforce and economic develop- (v) the Secretary of Education; ment activities that could be undertaken for affected (vi) the Chair of the Council of Economic Advisers; aerospace communities in other States, as appropriate; (vii) the Director of the Office of Management and (d) identifies areas of collaboration with other public Budget; or nongovernmental actors to achieve the objectives of (viii) the Administrator of the Small Business Ad- the Task Force; and ministration; (e) details a coordinated implementation strategy by (ix) the Director of National Intelligence; (x) the Director of the Office of Science and Tech- executive departments and agencies to meet the objec- nology Policy; tives of the Task Force. (xi) the Director of the National Economic Council; SEC. 5. Termination. The Task Force shall terminate 3 and years after the date of this memorandum unless ex- (xii) the heads of such other executive departments, tended by the President. agencies, and offices as the President may, from time SEC. 6. General Provisions. (a) The heads of executive to time, designate. departments and agencies shall assist and provide in- A member of the Task Force may designate, to per- formation to the Task Force, consistent with applica- form the Task Force functions of the member, a senior- ble law, as may be necessary to carry out the functions level official who is a part of the member’s department, of the Task Force. Each executive department and agency, or office, and who is a full-time officer or em- agency shall bear its own expense for participating in ployee of the Federal Government. the Task Force; and (b) Administration. The Co-Chairs shall convene regu- (b) nothing in this memorandum shall be construed lar meetings of the Task Force, determine its agenda, to impair or otherwise affect: and direct its work. At the direction of the Co-Chairs, (i) authority granted by law to an executive depart- the Task Force may establish subgroups consisting ex- ment, agency, or the head thereof; or clusively of Task Force members or their designees, as (ii) functions of the Director of the Office of Manage- appropriate. ment and Budget relating to budgetary, administra- SEC. 2. Mission and Functions. The Task Force shall work with local stakeholders and executive depart- tive, or legislative proposals. ments and agencies to equip Space Coast and other af- (c) This memorandum shall be implemented consist- fected workers to take advantage of new opportunities ent with applicable law and subject to the availability and expand the region’s economic base. of appropriations. The Task Force will perform the following functions, (d) This memorandum is not intended to, and does to the extent permitted by law: not, create any right or benefit, substantive or proce- (a) provide leadership and coordination of Federal dural, enforceable at law or in equity by any party Government resources to facilitate workforce and eco- against the United States, its departments, agencies, or nomic development opportunities for aerospace com- entities, its officers, employees, or agents, or any other munities and workers affected by new developments in person. America’s space exploration program. Such support (e) The Administrator of the National Aeronautics may include the use of personnel, technical expertise, and Space Administration shall publish this memoran- and available financial resources, and may be used to dum in the Federal Register. provide a coordinated Federal response to the needs of BARACK OBAMA. individual States, regions, municipalities, and commu- nities adversely affected by space industry changes; (b) provide recommendations to the President on § 30501. Lessons learned and best practices ways Federal policies and programs can address issues of special importance to aerospace communities and (a) IN GENERAL.—The Administrator shall workers; and transmit to the Committee on Science and (c) help ensure that officials from throughout the ex- Technology of the House of Representatives and ecutive branch, including officials on existing commit- tees or task forces addressing technological develop- the Committee on Commerce, Science, and ment, research, or aerospace issues, advance the Presi- Transportation of the Senate an implementa- dent’s agenda for the transformation of America’s tion plan describing the Administration’s ap- space exploration program and support the coordina- proach for obtaining, implementing, and sharing tion of Federal economic adjustment assistance activi- lessons learned and best practices for its major ties. programs and projects not later than 180 days SEC. 3. Outreach. Consistent with the objectives set after December 30, 2005. The implementation forth in this memorandum, the Task Force, in accord- ance with applicable law, in addition to holding regular plan shall be updated and maintained to ensure meetings, shall conduct outreach to representatives of that it is current and consistent with the bur- nonprofit organizations; business; labor[;] State, local, geoning culture of learning and safety that is and tribal governments; elected officials; and other in- emerging at the Administration. terested persons that will assist in bringing to the (b) REQUIRED CONTENT.—The implementation President’s attention concerns, ideas, and policy op- plan shall contain at a minimum the lessons tions for expanding and improving efforts to create jobs learned and best practices requirements for the and economic growth in affected aerospace commu- nities. The Task Force shall hold inaugural meetings Administration, the organizations or positions with stakeholders within 60 days of the date of this responsible for enforcement of the requirements, memorandum. the reporting structure, and the objective per- SEC. 4. Task Force Plan for Space Industry Workforce formance measures indicating the effectiveness and Economic Development. On or before August 15, 2010, of the activity. the Task Force shall develop and submit to the Presi- (c) INCENTIVES.—The Administrator shall pro- dent a comprehensive plan that: (a) recommends how best to invest $40 million in vide incentives to encourage sharing and imple- transition assistance funding to ensure robust work- mentation of lessons learned and best practices force and economic development in those communities by employees, projects, and programs, as well as within Florida affected by transitions in America’s penalties for programs and projects that are de- space exploration program; termined not to have demonstrated use of those (b) describes how the plan will build on and com- resources. plement ongoing economic and workforce development efforts; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3367.) Page 51 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30503

HISTORICAL AND REVISION NOTES mittee on Science and Technology of the House of Representatives and the Committee on Com- Revised Section Source (U.S. Code) Source (Statutes at Large) merce, Science, and Transportation of the Sen- ate on the concerns described in subsection (a) 30501 ...... 42 U.S.C. 16615. Pub. L. 109–155, title I, § 107, Dec. 30, 2005, 119 Stat. that were raised during the previous fiscal year. 2912. At a minimum, the report shall provide— (1) the number of concerns that were raised, In subsection (a), the words ‘‘Committee on Science divided into the categories of safety and and Technology’’ are substituted for ‘‘Committee on health, mission assurance, and mismanage- Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representatives, adopted by House Reso- ment, and the disposition of those concerns, lution No. 6 (110th Congress, January 5, 2007). including whether any employee was dis- In subsection (a), the date ‘‘December 30, 2005’’ is sub- ciplined as a result of a concern having been stituted for ‘‘the date of enactment of this Act’’ to re- raised; and flect the date of enactment of the National Aeronautics (2) any recommendations for reforms to fur- and Space Administration Authorization Act of 2005 ther prevent retribution against employees (Public Law 109–155, 119 Stat. 2895). who raise concerns. CHANGE OF NAME (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3367.) Committee on Science and Technology of House of HISTORICAL AND REVISION NOTES Representatives changed to Committee on Science, Space, and Technology of House of Representatives by Revised House Resolution No. 5, One Hundred Twelfth Congress, Section Source (U.S. Code) Source (Statutes at Large) Jan. 5, 2011. 30502 ...... 42 U.S.C. 16618. Pub. L. 109–155, title I, § 110, Dec. 30, 2005, 119 Stat. § 30502. Whistleblower protection 2914.

(a) IN GENERAL.—Not later than 1 year after In subsection (a), the date ‘‘December 30, 2005’’ is sub- December 30, 2005, the Administrator shall stituted for ‘‘the date of enactment of this Act’’ to re- transmit to the Committee on Science and flect the date of enactment of the National Aeronautics Technology of the House of Representatives and and Space Administration Authorization Act of 2005 the Committee on Commerce, Science, and (Public Law 109–155, 119 Stat. 2895). Transportation of the Senate a plan describing In subsections (a) and (d), the words ‘‘Committee on steps to be taken by the Administration to pro- Science and Technology’’ are substituted for ‘‘Commit- tee on Science’’ on authority of Rule X(1)(o) of the tect from retaliation Administration employees Rules of the House of Representatives, adopted by who raise concerns about substantial and spe- House Resolution No. 6 (110th Congress, January 5, cific dangers to public health and safety or 2007). about substantial and specific factors that could In subsection (d), the words ‘‘Not later than February threaten the success of a mission. The plan shall 15 of each year beginning February 15, 2007’’ are sub- be designed to ensure that Administration em- stituted for ‘‘Not later than February 15 of each year ployees have the full protection required by law. beginning with the year after the date of enactment of this Act’’ for clarity. The Administrator shall implement the plan not more than 1 year after its transmittal. CHANGE OF NAME (b) GOAL.—The Administrator shall ensure Committee on Science and Technology of House of that the plan describes a system that will pro- Representatives changed to Committee on Science, tect employees who wish to raise or have raised Space, and Technology of House of Representatives by concerns described in subsection (a). House Resolution No. 5, One Hundred Twelfth Congress, (c) PLAN.—At a minimum, the plan shall in- Jan. 5, 2011. clude, consistent with Federal law— § 30503. Performance assessments (1) a reporting structure that ensures that the officials who are the subject of a whistle- (a) IN GENERAL.—The performance of each di- blower’s complaint will not learn the identity vision in the Science directorate of the Adminis- of the whistleblower; tration shall be reviewed and assessed by the (2) a single point to which all complaints can National Academy of Sciences at 5-year inter- be made without fear of retribution; vals. (3) procedures to enable the whistleblower to (b) TIMING.—Beginning with the first fiscal track the status of the case; year following December 30, 2005, the Adminis- (4) activities to educate employees about trator shall select at least one division for re- their rights as whistleblowers and how they view under this section. The Administrator shall are protected by law; select divisions so that all disciplines will have (5) activities to educate employees about received their first review within 6 fiscal years their obligations to report concerns and their of December 30, 2005. accountability before and after receiving the (c) REPORTS.—Not later than March 1 of each results of the investigations into their con- year, beginning with the first fiscal year after cerns; and December 30, 2005, the Administrator shall (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— (1) setting forth in detail the results of any regulations. 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 § 30504 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 52

(3) including a summary of findings and rec- HISTORICAL AND REVISION NOTES ommendations from any other relevant exter- Revised nal reviews of the Administration’s science Section Source (U.S. Code) Source (Statutes at Large) mission priorities and programs. 30504(a) ...... 42 U.S.C. 16654(a) Pub. L. 109–155, title III, (matter before § 304(a) (matter before par. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3368.) par. (1)). (1)), (2), Dec. 30, 2005, 119 Stat. 2918. HISTORICAL AND REVISION NOTES 30504(b) ...... 42 U.S.C. 16654(a)(2).

Revised Source (U.S. Code) Source (Statutes at Large) In subsection (a), the words ‘‘In addition—’’ are omit- Section ted as unnecessary. 30503 ...... 42 U.S.C. 16651. Pub. L. 109–155, title III, § 301, Dec. 30, 2005, 119 AMENDMENTS Stat. 2916. 2017—Pub. L. 115–10 amended section generally. Prior to amendment, text read as follows: In subsections (b) and (c), the date ‘‘December 30, ‘‘(a) ASSESSMENT.—The Administrator shall carry out 2005’’ is substituted for ‘‘the date of enactment of this biennial reviews within each of the Science divisions to Act’’ to reflect the date of enactment of the National assess the cost and benefits of extending the date of the Aeronautics and Space Administration Authorization termination of data collection for those missions that Act of 2005 (Public Law 109–155, 119 Stat. 2895). have exceeded their planned mission lifetime. In subsection (c), the words ‘‘Committee on Science ‘‘(b) CONSULTATION AND CONSIDERATION OF POTENTIAL and Technology’’ are substituted for ‘‘Committee on BENEFITS OF INSTRUMENTS ON MISSIONS.—For those mis- Science’’ on authority of Rule X(1)(o) of the Rules of sions that have an operational component, the Na- the House of Representatives, adopted by House Reso- tional Oceanic and Atmospheric Administration or any lution No. 6 (110th Congress, January 5, 2007). other affected agency shall be consulted and the poten- tial benefits of instruments on missions that are be- CHANGE OF NAME yond their planned mission lifetime taken into ac- count.’’ Committee on Science and Technology of House of Representatives changed to Committee on Science, CHAPTER 307—INTERNATIONAL Space, and Technology of House of Representatives by COOPERATION AND COMPETITION House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. Sec. 30701. Competitiveness and international coopera- tion. § 30504. Assessment of science mission extensions 30702. Foreign contract limitation. 30703. Foreign launch vehicles. (a) ASSESSMENTS.— 30704. Offshore performance of contracts for the pro- (1) IN GENERAL.—The Administrator shall curement of goods and services. carry out triennial reviews within each of the § 30701. Competitiveness and international co- Science divisions to assess the cost and bene- operation fits of extending the date of the termination of data collection for those missions that exceed (a) LIMITATION.— their planned missions’ lifetime. (1) SOLICITATION OF COMMENT.—As part of the (2) CONSIDERATIONS.—In conducting an as- evaluation of the costs and benefits of enter- sessment under paragraph (1), the Adminis- ing into an obligation to conduct a space mis- trator shall consider whether and how extend- sion in which a foreign entity will participate ing missions impacts the start of future mis- as a supplier of the spacecraft, spacecraft sys- sions. tem, or launch system, the Administrator shall solicit comment on the potential impact (b) CONSULTATION AND CONSIDERATION OF PO- of such participation through notice published TENTIAL BENEFITS OF INSTRUMENTS ON MIS- in Commerce Business Daily at least 45 days SIONS.—When deciding whether to extend a mis- before entering into such an obligation. sion that has an operational component, the Ad- (2) AGREEMENTS WITH PEOPLE’S REPUBLIC OF ministrator shall— CHINA.—The Administrator shall certify to (1) consult with any affected Federal agency; Congress at least 15 days in advance of any co- and operative agreement with the People’s Repub- (2) take into account the potential benefits lic of China, or any company owned by the of instruments on missions that are beyond People’s Republic of China or incorporated their planned mission lifetime. under the laws of the People’s Republic of China, involving spacecraft, spacecraft sys- (c) REPORTS.—The Administrator shall submit tems, launch systems, or scientific or tech- to the Committee on Commerce, Science, and nical information, that— Transportation of the Senate and the Commit- (A) the agreement is not detrimental to tee on Science, Space, and Technology of the the United States space launch industry; and House of Representatives, at the same time as (B) the agreement, including any indirect the submission to Congress of the Administra- technical benefit that could be derived from tion’s annual budget request for each fiscal the agreement, will not improve the missile year, a report detailing any assessment under or space launch capabilities of the People’s subsection (a) that was carried out during the Republic of China. previous year. (3) ANNUAL AUDIT.—The Inspector General of (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3369; the Administration, in consultation with ap- Pub. L. 115–10, title V, § 513, Mar. 21, 2017, 131 propriate agencies, shall conduct an annual Stat. 52.) audit of the policies and procedures of the Ad- Page 53 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 30701

ministration with respect to the export of (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; (1) DEFINITION OF UNITED STATES COMMERCIAL (C) is consistent with the need for Federal PROVIDER.—In this subsection, the term agencies to use space to complete their mis- ‘‘United States commercial provider’’ means a sions; and commercial provider (as defined in section (D) is carried out in a manner consistent 30308(a) of this title), organized under the laws with United States export control laws. of the United States or of a State (as defined (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3369.) in section 30308(a) of this title), which is— (A) more than 50 percent owned by United HISTORICAL AND REVISION NOTES States nationals; or Revised (B) a subsidiary of a foreign company and Section Source (U.S. Code) Source (Statutes at Large) the Secretary of Commerce finds that— (i) such subsidiary has in the past evi- 30701(a) ...... 42 U.S.C. 2475a(a). Pub. L. 106–391, title I, § 126, Oct. 30, 2000, 114 Stat. 1585. denced a substantial commitment to the 30701(b)(1) .. (no source) United States market through— 30701(b)(2) .. 42 U.S.C. 2475a(b). (I) investments in the United States in 30701(b)(3) .. (no source) long-term research, development, and In subsection (b)(1), the definition of ‘‘United States manufacturing (including the manufac- commercial provider’’ is added to carry forward the ap- ture of major components and subassem- propriate definition from section 3 of the National blies); and Aeronautics and Space Administration Authorization (II) significant contributions to em- Act of 2000 (Public Law 106–391, 114 Stat. 1580). ployment in the United States; and In subsection (b)(3), the description of national inter- ests of the United States is added to carry forward the (ii) the country or countries in which appropriate description of national interests of the such foreign company is incorporated or United States from section 2(6) of the National Aero- organized, and, if appropriate, in which it nautics and Space Administration Authorization Act of principally conducts its business, affords 2000 (Public Law 106–391, 114 Stat. 1578). reciprocal treatment to companies de- scribed in subparagraph (A) comparable to REFERENCES IN TEXT that afforded to such foreign company’s The National Aeronautics and Space Administration subsidiary in the United States, as evi- Authorization Act of 2000, referred to in subsec. denced by— (b)(1)(B)(ii)(I), is Pub. L. 106–391, Oct. 30, 2000, 114 Stat. (I) providing comparable opportunities 1577. For complete classification of this Act to the for companies described in subparagraph Code, see Tables. (A) to participate in Government spon- LIMITATION ON INTERNATIONAL AGREEMENTS sored research and development similar CONCERNING OUTER SPACE ACTIVITIES to that authorized under this section, Pub. L. 112–239, div. A, title IX, § 913(a), (b), Jan. 2, section 30307, 30308, 30309, or 30702 of this 2013, 126 Stat. 1874, provided that: title, or the National Aeronautics and ‘‘(a) CERTIFICATION REQUIRED.—If the United States Space Administration Authorization Act becomes a signatory to a non-legally binding inter- of 2000 (Public Law 106–391, 114 Stat. national agreement concerning an International Code 1577); of Conduct for Outer Space Activities or any similar (II) providing no barriers to companies agreement, at the same time as the United States be- described in subparagraph (A) with re- comes such a signatory— spect to local investment opportunities ‘‘(1) the President shall submit to the congressional defense committees [Committees on Armed Services that are not provided to foreign compa- and Appropriations of the Senate and the House of nies in the United States; and Representatives], the Permanent Select Committee (III) providing adequate and effective on Intelligence of the House of Representatives, and protection for the intellectual property the Select Committee on Intelligence of the Senate a rights of companies described in sub- certification that such agreement has no legally- paragraph (A). binding effect or basis for limiting the activities of the United States in outer space; and (2) IN GENERAL.—Before entering into an ob- ‘‘(2) the Secretary of Defense, the Chairman of the ligation described in subsection (a), the Ad- Joint Chiefs of Staff, and the Director of National In- ministrator shall consider the national inter- telligence shall jointly submit to the congressional ests of the United States described in para- defense committees a certification that such agree- graph (3) of this subsection. ment will be equitable, enhance national security, (3) DESCRIPTION OF NATIONAL INTERESTS.— and have no militarily significant impact on the abil- International cooperation in space exploration ity of the United States to conduct military or intel- and science activities most effectively serves ligence activities in space. the United States national interest when it— ‘‘(b) BRIEFINGS AND NOTIFICATIONS REQUIRED.— (A)(i) reduces the cost of undertaking mis- ‘‘(1) RESTATEMENT OF POLICY FORMULATION UNDER THE ARMS CONTROL AND DISARMAMENT ACT WITH RE- sions the United States Government would SPECT TO OUTER SPACE.—No action shall be taken that pursue unilaterally; would obligate the United States to reduce or limit (ii) enables the United States to pursue the Armed Forces or armaments of the United States missions that it could not otherwise afford in outer space in a militarily significant manner, ex- to pursue unilaterally; or cept pursuant to the treaty-making power of the § 30702 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 54

President set forth in Article II, Section 2, Clause II (c) APPLICATION.—This section shall not apply of the Constitution or unless authorized by the enact- to any payload for which development has begun ment of further affirmative legislation by the Con- prior to December 30, 2005, including the James gress of the United States. ‘‘(2) BRIEFINGS.— Webb Space Telescope. ‘‘(A) REQUIREMENT.—The Secretary of Defense, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) the Secretary of State, and the Director of National Intelligence shall jointly provide to the covered HISTORICAL AND REVISION NOTES congressional committees regular, detailed updates on the negotiation of a non-legally binding inter- Revised Source (U.S. Code) Source (Statutes at Large) national agreement concerning an International Section Code of Conduct for Outer Space Activities or any 30703 ...... 42 U.S.C. 16614. Pub. L. 109–155, title I, § 105, similar agreement. Dec. 30, 2005, 119 Stat. ‘‘(B) TERMINATION OF REQUIREMENT.—The require- 2912. ment to provide regular briefings under subpara- graph (A) shall terminate on the date on which the In subsection (c), the date ‘‘December 30, 2005’’ is sub- United States becomes a signatory to an agreement stituted for ‘‘the date of enactment of this Act’’ to re- referred to in subparagraph (A), or on the date on flect the date of enactment of the National Aeronautics which the President certifies to Congress that the and Space Administration Authorization Act of 2005 United States is no longer negotiating an agree- (Public Law 109–155, 119 Stat. 2895). ment referred to in subparagraph (A), whichever is earlier. § 30704. Offshore performance of contracts for ‘‘(3) NOTIFICATIONS.—If the United States becomes a signatory to a non-legally binding international the procurement of goods and services agreement concerning an International Code of Con- The Administrator shall submit to Congress, duct for Outer Space Activities or any similar agree- ment, not less than 60 days prior to any action that not later than 120 days after the end of each fis- will obligate the United States to reduce or limit the cal year, a report on the contracts and sub- Armed Forces or armaments or activities of the contracts performed overseas and the amount of United States in outer space, the head of each De- purchases directly or indirectly by the Adminis- partment or agency of the Federal Government that tration from foreign entities in that fiscal year. is affected by such action shall submit to Congress The report shall separately indicate— notice of such action and the effect of such action on (1) the contracts and subcontracts and their such Department or agency. ‘‘(4) DEFINITION.—In this subsection, the term ‘cov- dollar values for which the Administrator de- ered congressional committees’ means— termines that essential goods or services ‘‘(A) the Committee on Armed Services, the Com- under the contract are available only from a mittee on Foreign Affairs, and the Permanent Se- source outside the United States; and lect Committee on Intelligence of the House of Rep- (2) the items and their dollar values for resentatives; and which the Buy American Act (41 U.S.C. 10a et ‘‘(B) the Committee on Armed Services, the Com- 1 mittee on Foreign Relations, and the Select Com- seq.) was waived pursuant to obligations of mittee on Intelligence of the Senate.’’ the United States under international agree- ments. § 30702. Foreign contract limitation (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) The Administration shall not enter into any agreement or contract with a foreign govern- HISTORICAL AND REVISION NOTES ment that grants the foreign government the Revised Source (U.S. Code) Source (Statutes at Large) right to recover profit in the event that the Section agreement or contract is terminated. 30704 ...... 42 U.S.C. 16823. Pub. L. 109–155, title VII, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) § 709, Dec. 30, 2005, 119 Stat. 2938. HISTORICAL AND REVISION NOTES In the matter before paragraph (1), the words ‘‘begin- ning with the first fiscal year after the date of enact- Revised Source (U.S. Code) Source (Statutes at Large) Section ment of this Act [December 30, 2005]’’ are omitted as obsolete. 30702 ...... 42 U.S.C. 2475b. Pub. L. 106–391, title III, § 305, Oct. 30, 2000, 114 Stat. 1592. REFERENCES IN TEXT

§ 30703. Foreign launch vehicles The Buy American Act, referred to in par. (2), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was (a) ACCORD WITH SPACE TRANSPORTATION POL- classified generally to sections 10a, 10b, and 10c of ICY.—The Administration shall not launch a former Title 41, Public Contracts, and was substan- payload on a foreign launch vehicle except in ac- tially repealed and restated in chapter 83 (§ 8301 et seq.) cordance with the Space Transportation Policy of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete clas- announced by the President on December 21, sification of this Act to the Code, see Short Title of 2004. This subsection shall not be construed to 1933 Act note set out under section 101 of Title 41 and prevent the President from waiving the Space Tables. For disposition of sections of former Title 41, Transportation Policy. see Disposition Table preceding section 101 of Title 41. (b) INTERAGENCY COORDINATION.—The Adminis- tration shall not launch a payload on a foreign CHAPTER 309—AWARDS launch vehicle unless the Administration com- menced the interagency coordination required Sec. by the Space Transportation Policy announced 30901. Congressional Space Medal of Honor. by the President on December 21, 2004, at least 30902. Charles ‘‘Pete’’ Conrad Astronomy Awards. 90 days before entering into a development con- tract for the payload. 1 See References in Text note below. Page 55 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 31101

§ 30901. Congressional Space Medal of Honor astronomer or group of amateur astrono- mers who made the greatest contribution to (a) AUTHORITY TO AWARD.—The President may the Minor Planet Center’s mission of cata- award, and present in the name of Congress, a medal of appropriate design, which shall be loguing near-Earth asteroids during the pre- known as the Congressional Space Medal of ceding year. Honor, to any astronaut who in the performance (4) AWARD AMOUNT.—An award under the of the astronaut’s duties has distinguished him- Program shall be in the amount of $3,000. self or herself by exceptionally meritorious ef- (5) GUIDELINES.— forts and contributions to the welfare of the Na- (A) CITIZEN OR PERMANENT RESIDENT.—No tion and of humankind. individual who is not a citizen or permanent (b) APPROPRIATIONS.—There is authorized to be resident of the United States at the time of appropriated from time to time such sums of the individual’s discovery or contribution money as may be necessary to carry out the pur- may receive an award under this section. poses of this section. (B) FINALITY.—The decisions of the Admin- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3371.) istrator in making awards under this section are final. HISTORICAL AND REVISION NOTES (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3372.) Revised Section Source (U.S. Code) Source (Statutes at Large) HISTORICAL AND REVISION NOTES

30901(a) ...... 42 U.S.C. 2461 (1st Pub. L. 91–76, § 1, Sept. 29, Revised par.). 1969, 83 Stat. 124. Section Source (U.S. Code) Source (Statutes at Large) 30901(b) ...... 42 U.S.C. 2461 (last Pub. L. 91–76, § 2, Sept. 29, par.). 1969, 83 Stat. 124. 30902 ...... 42 U.S.C. 16792. Pub. L. 109–155, title VI, § 613, Dec. 30, 2005, 119 § 30902. Charles ‘‘Pete’’ Conrad Astronomy Stat. 2932. Awards CHAPTER 311—SAFETY (a) SHORT TITLE.—This section may be cited as the ‘‘Charles ‘Pete’ Conrad Astronomy Awards Sec. Act’’. 31101. Aerospace Safety Advisory Panel. 31102. Drug and alcohol testing. (b) DEFINITIONS.—In this section: (1) AMATEUR ASTRONOMER.—The term ‘‘ama- § 31101. Aerospace Safety Advisory Panel teur astronomer’’ means an individual whose employer does not provide any funding, pay- (a) ESTABLISHMENT AND MEMBERS.—There is ment, or compensation to the individual for established an Aerospace Safety Advisory Panel the observation of asteroids and other celes- consisting of a maximum of 9 members who tial bodies, and does not include any individ- shall be appointed by the Administrator for ual employed as a professional astronomer. terms of 6 years each. Not more than 4 such (2) MINOR PLANET CENTER.—The term ‘‘Minor members shall be chosen from among the offi- Planet Center’’ means the Minor Planet Cen- cers and employees of the Administration. ter of the Smithsonian Astrophysical Observ- (b) CHAIRMAN.—One member shall be des- atory. ignated by the Panel as its Chairman. (3) NEAR-EARTH ASTEROID.—The term ‘‘near- (c) DUTIES.—The Panel shall— Earth asteroid’’ means an asteroid with a peri- (1) review safety studies and operations helion distance of less than 1.3 Astronomical plans referred to it, including evaluating the Units from the Sun. Administration’s compliance with the return- (4) PROGRAM.—The term ‘‘Program’’ means to-flight and continue-to-fly recommendations the Charles ‘‘Pete’’ Conrad Astronomy Awards of the Columbia Accident Investigation Board, Program established under subsection (c). and make reports thereon; (c) CHARLES ‘‘PETE’’ CONRAD ASTRONOMY (2) advise the Administrator and Congress AWARDS PROGRAM.— with respect to— (1) IN GENERAL.—The Administrator shall es- (A) the hazards of proposed or existing fa- tablish the Charles ‘‘Pete’’ Conrad Astronomy cilities and proposed operations; Awards Program. (B) the adequacy of proposed or existing (2) AWARDS.—The Administrator shall make safety standards; and awards under the Program based on the rec- (C) management and culture related to ommendations of the Minor Planet Center. safety; and (3) AWARD CATEGORIES.—The Administrator (3) perform such other duties as the Admin- shall make one annual award, unless there are istrator may request. no eligible discoveries or contributions, for each of the following categories: (d) COMPENSATION AND EXPENSES.— (A) DISCOVERY OF BRIGHTEST NEAR-EARTH (1) COMPENSATION.— ASTEROID.—The amateur astronomer or (A) FEDERAL OFFICERS AND EMPLOYEES.—A group of amateur astronomers who in the member of the Panel who is an officer or em- preceding calendar year discovered the in- ployee of the Federal Government shall re- trinsically brightest near-Earth asteroid ceive no compensation for the member’s among the near-Earth asteroids that were services as such. discovered during that year by amateur as- (B) MEMBERS APPOINTED FROM OUTSIDE THE tronomers or groups of amateur astrono- FEDERAL GOVERNMENT.—A member of the mers. Panel appointed from outside the Federal (B) GREATEST CONTRIBUTION TO CATALOGU- Government shall receive compensation, at ING NEAR-EARTH ASTEROIDS.—The amateur a rate not to exceed the per diem rate equiv- § 31102 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 56

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. MPLOYEES OF CONTRACTORS.—The Ad- owned vehicle and a per diem in lieu of sub- (2) E ministrator shall, in the interest of safety, se- sistence not to exceed the rate and amount curity, and national security, prescribe regu- prescribed in sections 5702 and 5704 of title 5), lations. Such regulations shall establish a pro- and other necessary expenses incurred by the gram that requires Administration contrac- member in the performance of duties vested in tors to conduct preemployment, reasonable the Panel, without regard to the provisions of suspicion, random, and post-accident testing subchapter I of chapter 57 of title 5, the Stand- of contractor employees responsible for safety- ardized Government Travel Regulations, or sensitive, security, or national security func- section 5731 of title 5. tions (as determined by the Administrator) for (e) ANNUAL REPORT.—The Panel shall submit use, in violation of applicable law or Federal an annual report to the Administrator and to regulation, of alcohol or a controlled sub- Congress. In the first annual report submitted stance. The Administrator may also prescribe after December 30, 2005, the Panel shall include regulations, as the Administrator considers an evaluation of the Administration’s manage- appropriate in the interest of safety, security, ment and culture related to safety. Each annual and national security, for the conduct of peri- report shall include an evaluation of the Admin- odic recurring testing of such employees for istration’s compliance with the recommenda- such use in violation of applicable law or Fed- tions of the Columbia Accident Investigation eral regulation. Board through retirement of the space shuttle. (3) SUSPENSION, DISQUALIFICATION, OR DISMIS- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3373.) SAL.—In prescribing regulations under the pro- grams required by this subsection, the Admin- HISTORICAL AND REVISION NOTES istrator shall require, as the Administrator considers appropriate, the suspension, dis- Revised Source (U.S. Code) Source (Statutes at Large) Section qualification, or dismissal of any employee to which paragraph (1) or (2) applies, in accord- 31101(a) ...... 42 U.S.C. 2477(a) Pub. L. 90–67, § 6, Aug. 21, (1st, last sen- 1967, 81 Stat. 170; Pub. L. ance with the provisions of this section, in any tences). 94–307, § 8, June 4, 1976, 90 instance where a test conducted and confirmed Stat. 681; Pub. L. 99–234, title I, § 107(f), Jan. 2, 1986, under this section indicates that such em- 99 Stat. 1759; Pub. L. ployee has used, in violation of applicable law 109–155, title I, § 106, Dec. 30, 2005, 119 Stat. 2912. or Federal regulation, alcohol or a controlled 31101(b) ...... 42 U.S.C. 2477(a) (3d substance. sentence). 31101(c) ...... 42 U.S.C. 2477(a) (2d (c) PROHIBITION ON SERVICE.— sentence). 31101(d) ...... 42 U.S.C. 2477(a) (1) PROHIBITION UNLESS PROGRAM OF REHA- (4th, 5th sen- BILITATION COMPLETED.—No individual who is tences). 31101(e) ...... 42 U.S.C. 2477(b). determined by the Administrator under this section to have used, in violation of applicable In subsection (d)(1)(B), the words ‘‘maximum rate law or Federal regulation, alcohol or a con- payable under section 5376 of title 5’’ are substituted trolled substance after December 9, 1991, shall for ‘‘rate for GS–18’’ because of section 101(c) of the serve as an Administration employee with re- Federal Employees Pay Comparability Act of 1990 (Pub- lic Law 101–509, 5 U.S.C. 5376 note). sponsibility for safety-sensitive, security, or In subsection (e), the date ‘‘December 30, 2005’’ is sub- national security functions (as determined by stituted for ‘‘the date of enactment of the National the Administrator), or as an Administration Aeronautics and Space Administration Authorization contractor employee with such responsibility, Act of 2005’’ to reflect the date of enactment of the Na- unless such individual has completed a pro- tional Aeronautics and Space Administration Author- gram of rehabilitation described in subsection ization Act of 2005 (Public Law 109–155, 119 Stat. 2895). (d). § 31102. Drug and alcohol testing (2) UNCONDITIONAL PROHIBITION.—Any such individual determined by the Administrator (a) DEFINITION OF CONTROLLED SUBSTANCE.—In under this section to have used, in violation of this section, the term ‘‘controlled substance’’ applicable law or Federal regulation, alcohol means any substance under section 102(6) of the or a controlled substance after December 9, Controlled Substances Act (21 U.S.C. 802(6)) 1991, shall not be permitted to perform the du- specified by the Administrator. ties that the individual performed prior to the (b) TESTING PROGRAM.— date of the determination, if the individual— (1) EMPLOYEES OF ADMINISTRATION.—The Ad- (A) engaged in such use while on duty; ministrator shall establish a program applica- (B) prior to such use had undertaken or ble to employees of the Administration whose completed a rehabilitation program de- duties include responsibility for safety-sen- scribed in subsection (d); sitive, security, or national security func- (C) following such determination refuses tions. Such program shall provide for pre- to undertake such a rehabilitation program; employment, reasonable suspicion, random, or and post-accident testing for use, in violation (D) following such determination fails to of applicable law or Federal regulation, of al- complete such a rehabilitation program. Page 57 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 31102

(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 identification and opportunity for treatment a scientifically recognized method of testing of employees referred to in subsection (b) in capable of providing quantitative data regard- need of assistance in resolving problems with ing alcohol or a controlled substance; the use, in violation of applicable law or Fed- (5) provide that each specimen sample be eral regulation, of alcohol or a controlled sub- subdivided, secured, and labelled in the pres- stance. Each contractor is encouraged to ence of the tested individual and that a por- make such a program available to all of its tion thereof be retained in a secure manner to employees in addition to those employees re- prevent the possibility of tampering, so that ferred to in subsection (b)(2). The Adminis- in the event the individual’s confirmation test trator shall determine the circumstances results are positive the individual has an op- under which such employees shall be required portunity to have the retained portion assayed to participate in such a program. Nothing in by a confirmation test done independently at this subsection shall preclude any Administra- a second certified laboratory if the individual tion contractor from establishing a program requests the independent test within 3 days under this subsection in cooperation with any after being advised of the results of the initial other such contractor. confirmation test; (2) ESTABLISHMENT AND MAINTENANCE OF PRO- (6) ensure appropriate safeguards for testing GRAM FOR ADMINISTRATION EMPLOYEES.—The to detect and quantify alcohol in breath and Administrator shall establish and maintain a body fluid samples, including urine and blood, rehabilitation program which at a minimum through the development of regulations as provides for the identification and opportunity may be necessary and in consultation with the for treatment of those employees of the Ad- Department of Health and Human Services; ministration whose duties include responsibil- (7) provide for the confidentiality of test re- ity for safety-sensitive, security, or national sults and medical information of employees; security functions who are in need of assist- and ance in resolving problems with the use of al- (8) ensure that employees are selected for cohol or controlled substances. tests by nondiscriminatory and impartial methods, so that no employee is harassed by (e) PROCEDURES FOR TESTING.—In establishing being treated differently from other employees the programs required under subsection (b), the in similar circumstances. Administrator shall develop requirements which shall— (f) EFFECT ON OTHER LAWS AND REGULATIONS.— (1) promote, to the maximum extent prac- (1) CONSISTENCY WITH FEDERAL REGULATION.— ticable, individual privacy in the collection of No State or local government shall adopt or specimen samples; have in effect any law, rule, regulation, ordi- (2) with respect to laboratories and testing nance, standard, or order that is inconsistent procedures for controlled substances, incor- with the regulations promulgated under this porate the Department of Health and Human section. Services scientific and technical guidelines (2) CONTINUANCE OF REGULATIONS ISSUED BE- dated April 11, 1988, and any subsequent FORE DECEMBER 9, 1991.—Nothing in this section amendments thereto, including mandatory shall be construed to restrict the discretion of guidelines which— the Administrator to continue in force, (A) establish comprehensive standards for amend, or further supplement any regulations all aspects of laboratory controlled sub- issued before December 9, 1991, that govern the stances testing and laboratory procedures to use of alcohol and controlled substances by be applied in carrying out this section, in- Administration employees with responsibility cluding standards which require the use of for safety-sensitive, security, and national se- the best available technology for ensuring curity functions (as determined by the Admin- the full reliability and accuracy of con- istrator), or by Administration contractor em- trolled substances tests and strict proce- ployees with such responsibility. dures governing the chain of custody of spec- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3374.) imen samples collected for controlled sub- stances testing; HISTORICAL AND REVISION NOTES (B) establish the minimum list of con- Revised Source (U.S. Code) Source (Statutes at Large) trolled substances for which individuals may Section be tested; and 31102(a) ...... 42 U.S.C. 2473c(h). Pub. L. 102–195, § 21(c)–(h), (C) establish appropriate standards and Dec. 9, 1991, 105 Stat. 1616. 31102(b) ...... 42 U.S.C. 2473c(c). procedures for periodic review of labora- 31102(c) ...... 42 U.S.C. 2473c(d). tories and criteria for certification and rev- 31102(d) ...... 42 U.S.C. 2473c(e). 31102(e) ...... 42 U.S.C. 2473c(f). ocation of certification of laboratories to 31102(f) ...... 42 U.S.C. 2473c(g). perform controlled substances testing in car- rying out this section; In subsection (b)(2), the words ‘‘within 18 months after the date of enactment of this Act’’ are omitted as (3) require that all laboratories involved in obsolete. the controlled substances testing of any indi- In paragraphs (1) and (2) of subsection (c), and in sub- vidual under this section shall have the capa- section (f)(2), the date ‘‘December 9, 1991’’ is substituted § 31301 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 58 for ‘‘the date of enactment of this Act’’ to reflect the gress not later than 90 days following comple- date of enactment of the National Aeronautics and tion of the survey. Space Administration Authorization Act, Fiscal Year 1992 (Public Law 102–195, 105 Stat. 1605). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.)

FINDINGS HISTORICAL AND REVISION NOTES Pub. L. 102–195, § 21(b), Dec. 9, 1991, 105 Stat. 1616, pro- Revised vided that: ‘‘The Congress finds that— Section Source (U.S. Code) Source (Statutes at Large) ‘‘(1) alcohol abuse and illegal drug use pose signifi- cant dangers to the safety and welfare of the Nation; 31302 ...... 42 U.S.C. 17822. Pub. L. 110–422, title XI, § 1103, Oct. 15, 2008, 122 ‘‘(2) the success of the United States civil space pro- Stat. 4808. gram is contingent upon the safe and successful de- velopment and deployment of the many varied com- ponents of that program; CHAPTER 315—MISCELLANEOUS ‘‘(3) the greatest efforts must be expended to elimi- Sec. nate the abuse of alcohol and use of illegal drugs, 31501. Orbital debris. whether on duty or off duty, by those individuals who 31502. Maintenance of facilities. are involved in the positions affecting safety, secu- 31503. Laboratory productivity. rity, and national security; 31504. Cooperative unmanned aerial vehicle activi- ‘‘(4) the use of alcohol and illegal drugs has been ties. demonstrated to adversely affect the performance of 31505. Development of enhanced-use lease policy. individuals, and has been proven to have been a criti- cal factor in accidents in the workplace; § 31501. Orbital debris ‘‘(5) the testing of uniformed personnel of the Armed Forces has shown that the most effective de- The Administrator, in conjunction with the terrent to abuse of alcohol and use of illegal drugs is heads of other Federal agencies, shall take steps increased testing, including random testing; to develop or acquire technologies that will en- ‘‘(6) adequate safeguards can be implemented to en- able the Administration to decrease the risks sure that testing for abuse of alcohol or use of illegal drugs is performed in a manner which protects an in- associated with orbital debris. dividual’s right of privacy, ensures that no individual (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) is harassed by being treated differently from other in- dividuals, and ensures that no individual’s reputation HISTORICAL AND REVISION NOTES or career development is unduly threatened or harmed; and Revised Source (U.S. Code) Source (Statutes at Large) ‘‘(7) rehabilitation is a critical component of any Section testing program for abuse of alcohol or use of illegal 31501 ...... 42 U.S.C. 16781. Pub. L. 109–155, title VI, drugs, and should be made available to individuals, as § 601, Dec. 30, 2005, 119 appropriate.’’ Stat. 2931.

CHAPTER 313—HEALTHCARE § 31502. Maintenance of facilities Sec. In order to sustain healthy Centers that are 31301. Healthcare program. capable of carrying out the Administration’s 31302. Astronaut healthcare survey. missions, the Administrator shall ensure that § 31301. Healthcare program adequate maintenance and upgrading of those Center facilities is performed on a regular basis. The Administrator shall develop a plan to bet- ter understand the longitudinal health effects of (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) space flight on humans. In the development of HISTORICAL AND REVISION NOTES the plan, the Administrator shall consider the need for the establishment of a lifetime health- Revised Source (U.S. Code) Source (Statutes at Large) care program for Administration astronauts and Section their families or other methods to obtain needed 31502 ...... 42 U.S.C. 17811(a). Pub. L. 110–422, title X, health data from astronauts and retired astro- § 1002(a), Oct. 15, 2008, 122 Stat. 4806. nauts. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3376.) FACILITIES AND INFRASTRUCTURE Pub. L. 115–10, title VIII, § 837, Mar. 21, 2017, 131 Stat. HISTORICAL AND REVISION NOTES 69, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress Revised Source (U.S. Code) Source (Statutes at Large) Section that— ‘‘(1) the [National Aeronautics and Space] Adminis- 31301 ...... 42 U.S.C. 16822. Pub. L. 109–155, title VII, § 708, Dec. 30, 2005, 119 tration must address, mitigate, and reverse, where Stat. 2938. possible, the deterioration of its facilities and infra- structure, as their condition is hampering the effec- § 31302. Astronaut healthcare survey tiveness and efficiency of research performed by both the Administration and industry participants making (a) SURVEY.—The Administrator shall admin- use of Administration facilities, thus harming the ister an anonymous survey of astronauts and competitiveness of the United States aerospace in- flight surgeons to evaluate communication, re- dustry; lationships, and the effectiveness of policies. ‘‘(2) the Administration has a role in providing lab- The survey questions and the analysis of results oratory capabilities to industry participants that are not economically viable as commercial entities and shall be evaluated by experts independent of the thus are not available elsewhere; Administration. The survey shall be adminis- ‘‘(3) to ensure continued access to reliable and effi- tered on at least a biennial basis. cient world-class facilities by researchers, the Ad- (b) REPORT.—The Administrator shall trans- ministration should establish strategic partnerships mit a report of the results of the survey to Con- with other Federal agencies, State agencies, FAA-li- Page 59 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 31505

censed spaceports, institutions of higher education, ‘‘(2) CRITERIA.—The policy shall include criteria for and industry, as appropriate; and the use of authorities, best practices, standardized ‘‘(4) decisions on whether to dispose of, maintain, or procedures, and guidelines for how to appropriately modernize existing facilities must be made in the manage property, facilities, and infrastructure. context of meeting Administration and other needs, ‘‘(e) SUBMISSION TO CONGRESS.—Not later than 1 year including those required to meet the activities sup- after the date of enactment of this Act, the Adminis- porting the human exploration roadmap under sec- trator shall submit to the appropriate committees of tion 432 of this Act [set out in a note under section Congress [Committee on Commerce, Science, and 20302 of this title], considering other national labora- Transportation of the Senate and Committee on tory needs as the Administrator [of the National Science, Space, and Technology of the House of Rep- Aeronautics and Space Administration] deems appro- resentatives] the plan developed under subsection (c).’’ priate. ‘‘(b) POLICY.—It is the policy of the United States § 31503. Laboratory productivity that the Administration maintain reliable and efficient facilities and infrastructure and that decisions on The Administration’s laboratories are a criti- whether to dispose of, maintain, or modernize existing cal component of the Administration’s research facilities or infrastructure be made in the context of capabilities, and the Administrator shall ensure meeting future Administration needs. that those laboratories remain productive. ‘‘(c) PLAN.— ‘‘(1) IN GENERAL.—The Administrator shall develop (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) a facilities and infrastructure plan. ‘‘(2) GOAL.—The goal of the plan is to position the HISTORICAL AND REVISION NOTES Administration to have the facilities and infrastruc- Revised ture, including laboratories, tools, and approaches, Section Source (U.S. Code) Source (Statutes at Large) necessary to meet future Administration and other Federal agencies’ laboratory needs. 31503 ...... 42 U.S.C. 17812(a). Pub. L. 110–422, title X, § 1003(a), Oct. 15, 2008, 122 ‘‘(3) CONTENTS.—The plan shall identify— Stat. 4807. ‘‘(A) current Administration and other Federal agency laboratory needs; ‘‘(B) future Administration research and develop- § 31504. Cooperative unmanned aerial vehicle ac- ment and testing needs; tivities ‘‘(C) a strategy for identifying facilities and infra- structure that are candidates for disposal, that is The Administrator, in cooperation with the consistent with the national strategic direction set Administrator of the National Oceanic and At- forth in— mospheric Administration and in coordination ‘‘(i) the National Space Policy; with other agencies that have existing civil ca- ‘‘(ii) the National Aeronautics Research, Devel- pabilities, shall continue to utilize the capabili- opment, Test, and Evaluation Infrastructure ties of unmanned aerial vehicles as appropriate Plan; ‘‘(iii) the National Aeronautics and Space Ad- in support of Administration and interagency ministration Authorization Act of 2005 (Public cooperative missions. The Administrator may Law 109–155; 119 Stat. 2895) [see Tables for classi- enter into cooperative agreements with univer- fication], National Aeronautics and Space Admin- sities with unmanned aerial vehicle programs istration Authorization Act of 2008 (Public Law and related assets to conduct collaborative re- 110–422; 122 Stat. 4779) [see Tables for classifica- search and development activities, including de- tion], and National Aeronautics and Space Ad- velopment of appropriate applications of small ministration Authorization Act of 2010 (42 U.S.C. 18301 et seq.); and unmanned aerial vehicle technologies and sys- ‘‘(iv) the human exploration roadmap under sec- tems in remote areas. tion 432 of this Act [set out in a note under sec- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3377.) tion 20302 of this title]; ‘‘(D) a strategy for the maintenance, repair, up- HISTORICAL AND REVISION NOTES grading, and modernization of Administration fa- cilities and infrastructure, including laboratories Revised Source (U.S. Code) Source (Statutes at Large) and equipment; Section ‘‘(E) criteria for— 31504 ...... 42 U.S.C. 17828. Pub. L. 110–422, title XI, ‘‘(i) prioritizing deferred maintenance tasks; § 1116, Oct. 15, 2008, 122 ‘‘(ii) maintaining, repairing, upgrading, or mod- Stat. 4813. ernizing Administration facilities and infrastruc- ture; and § 31505. Development of enhanced-use lease pol- ‘‘(iii) implementing processes, plans, and poli- icy cies for guiding the Administration’s Centers on whether to maintain, repair, upgrade, or modern- (a) IN GENERAL.—The Administrator shall de- ize a facility or infrastructure and for determin- velop an agency-wide enhanced-use lease policy ing the type of instrument to be used; ‘‘(F) an assessment of modifications needed to that— maximize usage of facilities that offer unique and (1) is based upon sound business practices highly specialized benefits to the aerospace indus- and lessons learned from the demonstration try and the American public; and centers; and ‘‘(G) implementation steps, including a timeline, (2) establishes controls and procedures to en- milestones, and an estimate of resources required sure accountability and protect the interests for carrying out the plan. of the Government. ‘‘(d) REQUIREMENT TO ESTABLISH POLICY.— ‘‘(1) IN GENERAL.—Not later than 180 days after the (b) CONTENTS.—The policy required by sub- date of enactment of this Act [Mar. 21, 2017], the Ad- section (a) shall include the following: ministrator shall establish and make publicly avail- (1) CRITERIA FOR DETERMINING ECONOMIC able a policy that guides the Administration’s use of VALUE.—Criteria for determining whether en- existing authorities to out-grant, lease, excess to the General Services Administration, sell, decommission, hanced-use lease provides better economic demolish, or otherwise transfer property, facilities, value to the Government than other options, or infrastructure. such as— § 40101 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 60

(A) Federal financing through appropria- § 40102. Governmental interest in aeronautics re- tions; or search and development (B) sale of the property. Congress reaffirms the national commitment (2) SECURITY AND ACCESS.—Requirement for to aeronautics research made in chapter 201 of the identification of proposed physical and this title. Aeronautics research and develop- procedural changes needed to ensure security ment remains a core mission of the Administra- and restrict access to specified areas, coordi- tion. The Administration is the lead agency for nation of proposed changes with existing site civil aeronautics research. Further, the govern- tenants, and development of estimated costs ment of the United States shall promote aero- of such changes. nautics research and development that will ex- (3) MEASURES OF EFFECTIVENESS.—Measures pand the capacity, ensure the safety, and in- of effectiveness for the enhanced-use lease pro- crease the efficiency of the Nation’s air trans- gram. portation system, promote the security of the (4) ACCOUNTING CONTROLS.—Accounting con- Nation, protect the environment, and retain the trols and procedures to ensure accountability, leadership of the United States in global avia- such as an audit trail and documentation to tion. readily support financial transactions. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.)

(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) Section 40102 ...... 42 U.S.C. 16711. Pub. L. 109–155, title IV, § 411, Dec. 30, 2005, 119 31505 ...... 42 U.S.C. 17829. Pub. L. 110–422, title XI, Stat. 2923. § 1117, Oct. 15, 2008, 122 Stat. 4813. EX. ORD. NO. 13419. NATIONAL AERONAUTICS RESEARCH AND DEVELOPMENT Subtitle IV—Aeronautics and Space Ex. Ord. No. 13419, Dec. 20, 2006, 71 F.R. 77565, pro- Research and Education vided: By the authority vested in me as President by the CHAPTER 401—AERONAUTICS Constitution and the laws of the United States of America, including section 204 of the National Science SUBCHAPTER I—GENERAL and Technology Policy, Organization, and Priorities Act of 1976, as amended (42 U.S.C. 6613), section 101(c) of Sec. the National Aeronautics and Space Administration 40101. Definition of institution of higher education. Authorization Act of 2005 (Public Law 109–155), and sec- 40102. Governmental interest in aeronautics re- tion 301 of title 3, United States Code, it is hereby or- search and development. dered as follows: 40103. Cooperation with other agencies on aero- SECTION 1. National Aeronautics Research and Develop- nautics activities. ment Policy. Continued progress in aeronautics, the 40104. Cooperation among Mission Directorates. science of flight, is essential to America’s economic SUBCHAPTER II—HIGH PRIORITY AERONAUTICS success and the protection of America’s security inter- RESEARCH AND DEVELOPMENT PROGRAMS ests at home and around the globe. Accordingly, it shall be the policy of the United States to facilitate 40111. Fundamental research program. progress in aeronautics research and development 40112. Research and technology programs. (R&D) through appropriate funding and activities of 40113. Airspace systems research. the Federal Government, in cooperation with State, 40114. Aviation safety and security research. territorial, tribal, local, and foreign governments, 40115. Aviation weather research. international organizations, academic and research in- 40116. University-based Centers for Research on stitutions, private organizations, and other entities, as Aviation Training. appropriate. The Federal Government shall only under- SUBCHAPTER III—SCHOLARSHIPS take roles in supporting aeronautics R&D that are not more appropriately performed by the private sector. 40131. Aeronautics scholarships. The National Aeronautics Research and Development SUBCHAPTER IV—DATA REQUESTS Policy prepared by the National Science and Tech- nology Council should, to the extent consistent with 40141. Aviation data requests. this order and its implementation, guide the aero- nautics R&D programs of the United States through SUBCHAPTER I—GENERAL 2020. SEC. 2. Functions of the Director of the Office of Science § 40101. Definition of institution of higher edu- and Technology Policy. To implement the policy set cation forth in section 1 of this order, the Director of the Of- fice of Science and Technology Policy (the ‘‘Director’’) In this chapter, the term ‘‘institution of high- shall: er education’’ has the meaning given the term (a) review the funding and activities of the Federal by section 101 of the Higher Education Act of Government relating to aeronautics R&D; 1965 (20 U.S.C. 1001). (b) recommend to the President, the Director of the Office of Management and Budget, and the heads of ex- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3378.) ecutive departments and agencies, as appropriate, such actions with respect to funding and activities of the HISTORICAL AND REVISION NOTES Federal Government relating to aeronautics R&D as may be necessary to Revised Section Source (U.S. Code) Source (Statutes at Large) (i) advance United States technological leadership in aeronautics; 40101 ...... 42 U.S.C. 16701. Pub. L. 109–155, title IV, (ii) support innovative research leading to significant § 401, Dec. 30, 2005, 119 advances in aeronautical concepts, technologies, and Stat. 2923. capabilities; Page 61 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40111

(iii) pursue and develop advanced aeronautics con- U.S.C. 403–1(i)) [now 50 U.S.C. 3024(i)], and subject to cepts and technologies, including those for advanced the availability of appropriations; and aircraft systems and air transportation management (ii) statutory authority of the principal officers of ex- systems, to benefit America’s security and effective ecutive departments and agencies as the heads of their and efficient national airspace management; respective departments and agencies. (iv) maintain and advance United States aeronautics (d) This order shall not be construed to impair or research, development, test and evaluation infrastruc- otherwise affect the functions of the Director of the Of- ture to provide effective experimental and computa- fice of Management and Budget relating to budget, ad- tional capabilities in support of aeronautics R&D; ministrative, and legislative proposals. (v) facilitate the educational development of the fu- (e) This order is not intended to, and does not, create ture aeronautics workforce as needed to further Fed- any rights or benefits, substantive or procedural, en- eral Government interests; forceable at law or in equity by a party against the (vi) enhance coordination and communication among United States, its departments, agencies, instrumental- executive departments and agencies to maximize the ities, or entities, its officers, employees, or agents, or effectiveness of Federal Government R&D resources; any other person. and GEORGE W. BUSH. (vii) ensure appropriate Federal Government coordi- nation with State, territorial, tribal, local, and foreign § 40103. Cooperation with other agencies on aero- governments, international organizations, academic nautics activities and research institutions, private organizations, and other entities. The Administrator shall coordinate, as appro- SEC. 3. Implementation of National Aeronautics Research priate, the Administration’s aeronautics activi- and Development Policy. To implement the policy set ties with relevant programs in the Department forth in section 1 of this order, the Director shall: of Transportation, the Department of Defense, (a) develop and, not later than 1 year after the date of this order, submit for approval by the President a the Department of Commerce, and the Depart- plan for national aeronautics R&D and for related in- ment of Homeland Security, including the ac- frastructure, (the ‘‘plan’’), and thereafter submit, not tivities of the Next Generation Air Transpor- less often than biennially, to the President for approval tation System Joint Planning and Development any changes to the plan; Office established under section 709 of the Vision (b) monitor and report to the President as appro- 100—Century of Aviation Reauthorization Act priate on the implementation of the approved plan; (Public Law 108–176, 49 U.S.C. 40101 note). (c) ensure that executive departments and agencies conducting aeronautics R&D: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) (i) obtain and exchange information and advice, as appropriate, from organizations and individuals outside HISTORICAL AND REVISION NOTES the Federal Government in support of Federal Govern- Revised ment planning and performance of aeronautics R&D; Section Source (U.S. Code) Source (Statutes at Large) (ii) develop and implement, as appropriate, measures for improving dissemination of R&D results and facili- 40103 ...... 42 U.S.C. 16712(b). Pub. L. 110–69, title II, tating technology transition from R&D to applications; § 2002(b), Aug. 9, 2007, 121 and Stat. 583. (iii) identify and promote innovative policies and ap- The words ‘‘Next Generation Air Transportation Sys- proaches that complement and enhance Federal Gov- tem’’ are inserted before ‘‘Joint Planning and Develop- ernment aeronautics R&D investment; and (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 § 40104. Cooperation among Mission Directorates order, the Director shall: (i) obtain as appropriate the assistance of the Na- Research and development activities per- tional Science and Technology Council in the perform- formed by the Aeronautics Research Mission Di- ance of the Director’s functions under this order, con- rectorate with the primary objective of assisting sistent with Executive Order 12881 of November 23, 1993, 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 sion Directorate seeking assistance. (iii) obtain information and advice from all sources as appropriate, including individuals associated with (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) academic and research institutions and private organi- HISTORICAL AND REVISION NOTES zations. (b) The functions of the President under subsection Revised Source (U.S. Code) Source (Statutes at Large) (c) of section 101 of the National Aeronautics and Space Section Administration Authorization Act of 2005, except the 40104 ...... 42 U.S.C. 17724. Pub. L. 110–422, title III, function of designation, are assigned to the Director of § 307, Oct. 15, 2008, 122 the Office of Science and Technology Policy. In per- Stat. 4788. forming these assigned functions, the Director shall, as appropriate, consult the Administrator of the National SUBCHAPTER II—HIGH PRIORITY AERO- Aeronautics and Space Administration, the Secretary NAUTICS RESEARCH AND DEVELOPMENT of Defense, the Secretary of Transportation, the Direc- PROGRAMS tor of the Office of Management and Budget, and other heads of executive departments and agencies as appro- § 40111. Fundamental research program priate. The Director also shall ensure that all actions 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) tion maintains needed capabilities in fundamen- through (d) of section 6 of Executive Order 13346 of July tal areas of aeronautics research, the Adminis- 8, 2004. trator shall establish a program of long-term (c) This order shall be implemented in a manner con- 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. § 40112 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 62

(b) OPERATION.—The Administrator shall con- tive shall be to develop and test concepts for duct the program under this section, in part by an uncrewed aircraft that could operate for awarding grants to institutions of higher edu- sustained periods in the atmosphere of Mars. cation. The Administrator shall encourage the (2) APPROACH.—The Administrator may es- participation of institutions of higher education tablish a program of competitively awarded located in States that participate in the Experi- grants available to teams of researchers that mental Program to Stimulate Competitive Re- may include the participation of individuals search. All grants to institutions of higher edu- from universities, industry, and government cation under this section shall be awarded for the conduct of this research. through merit review. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3379.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Source (U.S. Code) Source (Statutes at Large) Revised Section Section Source (U.S. Code) Source (Statutes at Large) 40112(a) ...... 42 U.S.C. 16722(b). Pub. L. 109–155, title IV, 40111 ...... 42 U.S.C. 16721(a), Pub. L. 109–155, title IV, § 422(b)–(g), Dec. 30, 2005, (b). § 421(a), (b), Dec. 30, 2005, 119 Stat. 2925. 119 Stat. 2924. 40112(b) ...... 42 U.S.C. 16722(c). 40112(c) ...... 42 U.S.C. 16722(d). 40112(d) ...... 42 U.S.C. 16722(e). § 40112. Research and technology programs 40112(e) ...... 42 U.S.C. 16722(f). 40112(f) ...... 42 U.S.C. 16722(g). (a) SUPERSONIC TRANSPORT RESEARCH AND DE- VELOPMENT.—The Administrator may establish an initiative with the objective of developing NATIONAL AERO-SPACE PLANE PROGRAM and demonstrating, in a relevant environment, Pub. L. 101–611, title I, § 116, Nov. 16, 1990, 104 Stat. airframe and propulsion technologies to enable 3202, provided that: efficient, economical overland flight of super- ‘‘(a) NATIONAL AERO-SPACE PLANE PROGRAM.—The sonic civil transport aircraft with no significant Secretary of Defense (hereafter in this section referred impact on the environment. to as the ‘Secretary’) and the Administrator shall (b) ROTORCRAFT AND OTHER RUNWAY-INDEPEND- jointly pursue on a high priority basis a National Aero- ENT AIR VEHICLES.—The Administrator may es- Space Plane program whose objective shall be the de- tablish a rotorcraft and other runway-independ- velopment and demonstration, by 1997, of a primarily 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 environment. transferred to the military and to the domestic civil (c) HYPERSONICS RESEARCH.—The Adminis- aviation and other private industries. trator may establish a hypersonics research pro- ‘‘(b) MANAGEMENT PLAN.— gram with the objective of exploring the science ‘‘(1) The Secretary and the Adminstrator [sic] shall and technology of hypersonic flight using air- jointly develop a management plan for the program breathing propulsion concepts, through a mix of established under subsection (a), which shall include 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- tion vehicles. The program may also include the ministrator, and resource procurement strategies. transition to the hypersonic range of Mach 3 to ‘‘(2) The management plan developed pursuant to Mach 5. paragraph (1) shall be submitted to the Congress (d) REVOLUTIONARY AERONAUTICAL CONCEPTS.— within 120 days after the date of enactment of this The Administrator may establish a research Act [Nov. 16, 1990].’’ program which covers a unique range of sub- [Pub. L. 101–611, title I, § 127, Nov. 16, 1990, 104 Stat. sonic, fixed wing vehicles and propulsion con- 3205, provided that: ‘‘For purposes of this title [see cepts. This research is intended to push tech- Tables for classification], the term ‘Administrator’ means the Administrator of the National Aeronautics nology barriers beyond current subsonic tech- and Space Administration.’’] nology. Propulsion concepts include advanced materials, morphing engines, hybrid engines, and fuel cells. § 40113. Airspace systems research (e) FUEL CELL-POWERED AIRCRAFT RESEARCH.— BJECTIVE (1) OBJECTIVE.—The Administrator may es- (a) O .—The Airspace Systems Re- tablish a fuel cell-powered aircraft research search program shall pursue research and devel- program whose objective shall be to develop opment to enable revolutionary improvements and test concepts to enable a hydrogen fuel to and modernization of the National Airspace cell-powered aircraft that would have no hy- System, as well as to enable the introduction of drocarbon or nitrogen oxide emissions into the new systems for vehicles that can take advan- environment. tage of an improved, modern air transportation (2) APPROACH.—The Administrator may es- system. tablish a program of competitively awarded (b) ALIGNMENT.—Not later than 1 year after grants available to teams of researchers that December 30, 2005, the Administrator shall align may include the participation of individuals the projects of the Airspace Systems Research from universities, industry, and government program so that they directly support the objec- for the conduct of this research. tives of the Joint Planning and Development Of- fice’s Next Generation Air Transportation Sys- (f) MARS AIRCRAFT RESEARCH.— tem Integrated Plan. (1) OBJECTIVE.—The Administrator may es- tablish a Mars Aircraft project whose objec- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3380.) Page 63 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40131

HISTORICAL AND REVISION NOTES tigate the impact of new technologies and proce- dures, particularly those related to the aircraft Revised Section Source (U.S. Code) Source (Statutes at Large) flight deck and to the air traffic management functions, on training requirements for pilots 40113 ...... 42 U.S.C. 16723. Pub. L. 109–155, title IV, § 423, Dec. 30, 2005, 119 and air traffic controllers. Stat. 2925. (c) APPLICATION.—An institution of higher education (or a consortium of such institutions) In subsection (b), the date ‘‘December 30, 2005’’ is sub- seeking funding under this section shall submit stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the National Aeronautics an application to the Administrator at such and Space Administration Authorization Act of 2005 time, in such manner, and containing such in- (Public Law 109–155, 119 Stat. 2895). formation as the Administrator may require, in- cluding, at a minimum, a 5-year research plan. § 40114. Aviation safety and security research (d) AWARD DURATION.—An award made by the (a) OBJECTIVE.—The Aviation Safety and Secu- Administrator under this section shall be for a rity Research program shall pursue research and period of 5 years and may be renewed on the development activities that directly address the basis of— safety and security needs of the National Air- (1) satisfactory performance in meeting the space System and the aircraft that fly in it. The goals of the research plan proposed in the ap- program shall develop prevention, intervention, plication submitted under subsection (c); and and mitigation technologies aimed at causal, (2) other requirements as specified by the contributory, or circumstantial factors of avia- Administrator. tion accidents. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.) (b) ALIGNMENT.—Not later than 1 year after December 30, 2005, the Administrator shall align HISTORICAL AND REVISION NOTES the projects of the Aviation Safety and Security Revised Source (U.S. Code) Source (Statutes at Large) Research program so that they directly support Section the objectives of the Joint Planning and Devel- 40116 ...... 42 U.S.C. 16727. Pub. L. 109–155, title IV, opment Office’s Next Generation Air Transpor- § 427, Dec. 30, 2005, 119 Stat. 2926; Pub. L. 110–422, tation System Integrated Plan. title III, § 308, Oct. 15, 2008, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3380.) 122 Stat. 4788.

HISTORICAL AND REVISION NOTES In subsection (b), the words ‘‘Centers for Research on Aviation Training’’ are substituted for ‘‘Centers’’ for clarity. There are references to both ‘‘Centers for Re- Revised Source (U.S. Code) Source (Statutes at Large) Section search on Aviation Training’’ and ‘‘Administration Centers’’ in subsection (a). 40114 ...... 42 U.S.C. 16724. Pub. L. 109–155, title IV, § 424, Dec. 30, 2005, 119 In subsection (d)(1), the words ‘‘proposed in the appli- Stat. 2926. cation submitted under subsection (c)’’ are substituted for ‘‘proposed by the Center in its application under In subsection (b), the date ‘‘December 30, 2005’’ is sub- subsection (c)’’ for clarity. Under section (c), applica- stituted for ‘‘the date of enactment of this Act’’ to re- tions are filed by an institution of higher education (or flect the date of enactment of the National Aeronautics a consortium of such institutions) seeking funding, and and Space Administration Authorization Act of 2005 not by the Center for which such funding is sought. (Public Law 109–155, 119 Stat. 2895). SUBCHAPTER III—SCHOLARSHIPS § 40115. Aviation weather research The Administrator may carry out a program § 40131. Aeronautics scholarships of collaborative research with the National Oce- (a) ESTABLISHMENT.—The Administrator shall anic and Atmospheric Administration on con- establish a program of scholarships for full-time vective weather events, with the goal of signifi- graduate students who are United States citi- cantly improving the reliability of 2-hour to 6- zens and are enrolled in, or have been accepted hour aviation weather forecasts. by and have indicated their intention to enroll (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.) in, accredited Masters degree programs in aero- nautical engineering or equivalent programs at HISTORICAL AND REVISION NOTES institutions of higher education. Each such scholarship shall cover the costs of room, board, Revised Source (U.S. Code) Source (Statutes at Large) Section tuition, and fees, and may be provided for a maximum of 2 years. 40115 ...... 42 U.S.C. 16725. Pub. L. 109–155, title IV, § 425, Dec. 30, 2005, 119 (b) IMPLEMENTATION.—Not later than 180 days Stat. 2926. after December 30, 2005, the Administrator shall publish regulations governing the scholarship § 40116. University-based Centers for Research program under this section. on Aviation Training (c) COOPERATIVE TRAINING OPPORTUNITIES.— (a) IN GENERAL.—The Administrator shall Students who have been awarded a scholarship award grants to institutions of higher education under this section shall have the opportunity for (or consortia thereof) to establish one or more paid employment at one of the Administration Centers for Research on Aviation Training under Centers engaged in aeronautics research and de- cooperative agreements with appropriate Ad- velopment during the summer prior to the first ministration Centers. year of the student’s Masters program, and be- (b) PURPOSE.—The purpose of the Centers for tween the first and second year, if applicable. Research on Aviation Training shall be to inves- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3381.) § 40141 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 64

HISTORICAL AND REVISION NOTES (B) have cooperative programs with indus- try; and Revised Section Source (U.S. Code) Source (Statutes at Large) (C) are coordinated with the overall pro- gram of the Administration; 40131 ...... 42 U.S.C. 16741. Pub. L. 109–155, title IV, § 431, Dec. 30, 2005, 119 (4) encourage and support the existence of Stat. 2927. consortia, made up of university and industry In subsection (b), the date ‘‘December 30, 2005’’ is sub- members, in order to advance the exploration stituted for ‘‘the date of enactment of this Act’’ to re- and development of space resources in cases in flect the date of enactment of the National Aeronautics which national objectives can be better ful- and Space Administration Authorization Act of 2005 filled through such consortia than through the (Public Law 109–155, 119 Stat. 2895). programs of single universities; (5) encourage and support Federal funding SUBCHAPTER IV—DATA REQUESTS for graduate fellowships in fields related to § 40141. Aviation data requests space; and (6) support activities in colleges and univer- The Administrator shall make available upon sities generally for the purpose of creating and request satellite imagery and aerial photog- operating a network of institutional programs raphy of remote terrain that the Administration that will enhance achievements resulting from owns at the time of the request to the Adminis- efforts under this chapter. trator of the Federal Aviation Administration or the Director of the Five Star Medallion Pro- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3382.) gram, to assist and train pilots in navigating HISTORICAL AND REVISION NOTES challenging topographical features of such ter- rain. Revised Section Source (U.S. Code) Source (Statutes at Large)

(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3382.) 40301 ...... 42 U.S.C. 2486a. Pub. L. 100–147, title II, § 203, Oct. 30, 1987, 101 Stat. 869. HISTORICAL AND REVISION NOTES In paragraph (3), the word ‘‘that’’ is substituted for Revised Section Source (U.S. Code) Source (Statutes at Large) ‘‘, to’’ for clarity. In paragraph (4), the words ‘‘in order to’’ are sub- 40141 ...... 42 U.S.C. 16751. Pub. L. 109–155, title IV, stituted for ‘‘to’’, and the words ‘‘through such consor- § 441, Dec. 30, 2005, 119 Stat. 2927. tia’’ are added, for clarity. CONGRESSIONAL STATEMENT OF FINDINGS CHAPTER 403—NATIONAL SPACE GRANT Pub. L. 100–147, title II, § 202, Oct. 30, 1987, 101 Stat. COLLEGE AND FELLOWSHIP PROGRAM 869, provided that: ‘‘The Congress finds that— ‘‘(1) the vitality of the Nation and the quality of Sec. life of the citizens of the Nation depend increasingly 40301. Purposes. on the understanding, assessment, development, and 40302. Definitions. utilization of space resources; 40303. National space grant college and fellowship ‘‘(2) research and development of space science, program. space technology, and space commercialization will 40304. Grants or contracts. contribute to the quality of life, national security, 40305. Specific national needs. and the enhancement of commerce; 40306. Space grant college and space grant regional ‘‘(3) the understanding and development of the consortium. space frontiers require a broad commitment and an 40307. Space grant fellowship program. intense involvement on the part of the Federal Gov- 40308. Space grant review panel. ernment in partnership with State and local govern- 40309. Availability of other Federal personnel and ments, private industry, universities, organizations, data. and individuals concerned with the exploration and 40310. Designation or award to be on competitive utilization of space; basis. ‘‘(4) the National Aeronautics and Space Adminis- 40311. Continuing emphasis. tration, through the national space grant college and fellowship program, offers the most suitable means § 40301. Purposes for such commitment and involvement through the The purposes of this chapter are to— promotion of activities that will result in greater un- (1) increase the understanding, assessment, derstanding, assessment, development, and utiliza- tion; and development, and utilization of space re- ‘‘(5) Federal support of the establishment, develop- sources by promoting a strong educational ment, and operation of programs and projects by base, responsive research and training activi- space grant colleges, space grant regional consortia, ties, and broad and prompt dissemination of institutions of higher education, institutes, labora- knowledge and techniques; tories, and other appropriate public and private enti- (2) utilize the abilities and talents of the ties is the most cost-effective way to promote such universities of the Nation to support and con- activities.’’ tribute to the exploration and development of [For definition of terms used in section 202 of Pub. L. 100–147, set out above, see section 204 of Pub. L. 100–147, the resources and opportunities afforded by title II, Oct. 30, 1987, 101 Stat. 870, which was classified the space environment; to former section 2486b of Title 42, The Public Health (3) encourage and support, within the univer- and Welfare, and was repealed and reenacted as section sity community of the Nation, the existence of 40302 of this title by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, interdisciplinary and multidisciplinary pro- 124 Stat. 3328, 3444.] grams of space research that— § 40302. Definitions (A) engage in integrated activities of training, research, and public service; In this chapter: Page 65 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40303

(1) AERONAUTICAL AND SPACE ACTIVITIES.— HISTORICAL AND REVISION NOTES The term ‘‘aeronautical and space activities’’ Revised has the meaning given the term in section Section Source (U.S. Code) Source (Statutes at Large) 20103 of this title. 40302 ...... 42 U.S.C. 2486b. Pub. L. 100–147, title II, § 204, (2) FIELD RELATED TO SPACE.—The term Oct. 30, 1987, 101 Stat. 870. ‘‘field related to space’’ means any academic discipline or field of study (including the phys- The definitions of ‘‘Administration’’ and ‘‘Adminis- trator’’ in section 204 of the National Space Grant Col- ical, natural, and biological sciences, and engi- lege and Fellowship Act (Public Law 100–147, title II, neering, space technology, education, eco- 101 Stat. 870) are omitted as unnecessary because of the nomics, sociology, communications, planning, definitions added by section 10101 of title 51. law, international affairs, and public adminis- tration) which is concerned with or likely to § 40303. National space grant college and fellow- improve the understanding, assessment, devel- ship program opment, and utilization of space. (a) ESTABLISHMENT.—The Administrator shall (3) PANEL.—The term ‘‘panel’’ means the establish and maintain, within the Administra- space grant review panel established pursuant tion, a program to be known as the national to section 40308 of this title. space grant college and fellowship program. The (4) PERSON.—The term ‘‘person’’ means any national space grant college and fellowship pro- individual, any public or private corporation, gram shall consist of the financial assistance partnership, or other association or entity (in- and other activities provided for in this chapter. cluding any space grant college, space grant The Administrator shall establish long-range regional consortium, institution of higher edu- planning guidelines and priorities, and ade- cation, institute, or laboratory), or any State, quately evaluate the program. (b) FUNCTIONS.—Within the Administration, political subdivision of a State, or agency or the program shall— officer of a State or political subdivision of a (1) apply the long-range planning guidelines State. and the priorities established by the Adminis- (5) SPACE ENVIRONMENT.—The term ‘‘space trator under subsection (a); environment’’ means the environment beyond (2) advise the Administrator with respect to the sensible atmosphere of the Earth. the expertise and capabilities which are avail- (6) SPACE GRANT COLLEGE.—The term ‘‘space able through the national space grant college grant college’’ means any public or private in- and fellowship program, and make such exper- stitution of higher education which is des- tise available to the Administration as di- ignated as such by the Administrator pursuant rected by the Administrator; to section 40306 of this title. (3) evaluate activities conducted under grants and contracts awarded pursuant to sec- (7) SPACE GRANT PROGRAM.—The term ‘‘space grant program’’ means any program that— tions 40304 and 40305 of this title to ensure that the purposes set forth in section 40301 of this (A) is administered by any space grant col- title are implemented; lege, space grant regional consortium, insti- (4) encourage other Federal departments, tution of higher education, institute, labora- agencies, and instrumentalities to use and tory, or State or local agency; and take advantage of the expertise and capabili- (B) includes 2 or more projects involving ties which are available through the national education and one or more of the following space grant college and fellowship program, on activities in the fields related to space: a cooperative or other basis; (i) Research. (5) encourage cooperation and coordination with other Federal programs concerned with (ii) Training. the development of space resources and fields (iii) Advisory services. related to space; (6) advise the Administrator on the designa- (8) SPACE GRANT REGIONAL CONSORTIUM.—The 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 (7) encourage the formation and growth of 40306 of this title. space grant and fellowship programs. (9) SPACE RESOURCE.—The term ‘‘space re- 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 may— (A) aeronautical and space activities; or (1) accept conditional or unconditional gifts (B) advancements in any field related to or donations of services, money, or property, space. real, personal or mixed, tangible or intangible; (2) accept and use funds from other Federal (10) STATE.—The term ‘‘State’’ means any departments, agencies, and instrumentalities State of the United States, the District of Co- to pay for fellowships, grants, contracts, and lumbia, the Commonwealth of Puerto Rico, other transactions; and the Virgin Islands, Guam, American Samoa, (3) issue such rules and regulations as may the Commonwealth of the Northern Mariana be necessary and appropriate. Islands, or any other territory or possession of the United States. (d) PROGRAM ADMINISTRATION COSTS.—In car- rying out the provisions of this chapter, the Ad- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3383.) ministrator— § 40304 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 66

(1) shall maximize appropriated funds for this section. Application shall be made in such grants and contracts made under section 40304 form and manner, and with such content and in each fiscal year; and other submissions, as the Administrator shall by (2) in each fiscal year, the Administrator regulation prescribe. shall limit its program administration costs (d) TERMS AND CONDITIONS.— to no more than 5 percent of funds appro- (1) IN GENERAL.—Any grant made, or con- priated for this program for that fiscal year. tract entered into, under this section shall be (e) REPORTS.—For any fiscal year in which the subject to the limitations and provisions set Administrator cannot meet the administration forth in paragraphs (2) and (3) and to such cost target under subsection (d)(2), if the Admin- other terms, conditions, and requirements as istration is unable to limit program costs under the Administrator considers necessary or ap- subsection (b), the Administrator shall submit propriate. to the appropriate committees of Congress a re- (2) LIMITATIONS.—No payment under any port, including— grant or contract under this section may be (1) a description of why the Administrator applied to— did not meet the cost target under subsection (A) the purchase of any land; (d); and (B) the purchase, construction, preserva- (2) the measures the Administrator will take tion, or repair of any building; or in the next fiscal year to meet the cost target (C) the purchase or construction of any under subsection (d) without drawing upon launch facility or launch vehicle. other Federal funding. (3) LEASES.—Notwithstanding paragraph (2), (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3383; the items in subparagraphs (A), (B), and (C) of Pub. L. 114–329, title III, § 302(b), Jan. 6, 2017, 130 such paragraph may be leased upon written Stat. 3003.) approval of the Administrator. (4) RECORDS.—Any person that receives or HISTORICAL AND REVISION NOTES utilizes any proceeds of any grant or contract under this section shall keep such records as Revised Section Source (U.S. Code) Source (Statutes at Large) the Administrator shall by regulation pre- scribe as being necessary and appropriate to 40303 ...... 42 U.S.C. 2486c. Pub. L. 100–147, title II, § 205, Oct. 30, 1987, 101 Stat. 871. facilitate effective audit and evaluation, in- cluding records which fully disclose the AMENDMENTS amount and disposition by such recipient of 2017—Subsecs. (d), (e). Pub. L. 114–329 added subsecs. such proceeds, the total cost of the program or (d) and (e). project in connection with which such pro- ceeds were used, and the amount, if any, of § 40304. Grants or contracts such cost which was provided through other (a) AUTHORITY OF ADMINISTRATOR.—The Ad- sources. Such records shall be maintained for ministrator may make grants and enter into 3 years after the completion of such a program contracts or other transactions under this sub- or project. The Administrator and the Comp- section to assist any space grant and fellowship troller General of the United States, or any of program or project if the Administrator finds their duly authorized representatives, shall that the program or project will carry out the have access, for the purpose of audit and eval- purposes set forth in section 40301 of this title. uation, to any books, documents, papers, and The total amount paid pursuant to a grant or records of receipts which, in the opinion of the contract may equal not more than 66 percent of Administrator or the Comptroller General, the total cost of the space grant and fellowship may be related or pertinent to such grants and program or project involved, except in the case contracts. of grants or contracts paid for with funds ac- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3384.) cepted by the Administrator pursuant to section 40303(c)(2) of this title. HISTORICAL AND REVISION NOTES (b) SPECIAL GRANTS.—The Administrator may Revised make special grants under this subsection to Section Source (U.S. Code) Source (Statutes at Large) carry out the purposes set forth in section 40301 40304 ...... 42 U.S.C. 2486d. Pub. L. 100–147, title II, § 206, of this title. The amount of a special grant may Oct. 30, 1987, 101 Stat. 872. equal up to 100 percent of the total cost of the project involved. A special grant may be made In subsection (a), the words ‘‘not more than 66 per- under this subsection only if the Administrator cent’’ are substituted for ‘‘66 percent, or any lesser per- finds that— cent’’, and the word ‘‘except’’ is substituted for ‘‘except (1) no reasonable means is available through that this limitation shall not apply’’, for clarity and to eliminate unnecessary words. which the applicant can meet the matching re- In subsection (b), the words ‘‘up to 100 percent’’ are quirement for a grant under subsection (a); substituted for ‘‘100 percent, or any lesser percent’’ to (2) the probable benefit of the project out- eliminate unnecessary words. weighs the public interest in the matching re- quirement; and § 40305. Specific national needs (3) the same or equivalent benefit cannot be (a) IDENTIFICATION OF SPECIFIC NEEDS AND obtained through the award of a contract or GRANT-MAKING AND CONTRACTING AUTHORITY.— grant under subsection (a) or section 40305 of The Administrator shall identify specific na- this title. tional needs and problems relating to space. The (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 Page 67 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40308 such needs or problems. The amount of any such (C) will act in accordance with such guide- grant or contract may equal up to 100 percent of lines as are prescribed under subsection the total cost of the project involved. (b)(2); and (b) APPLICATIONS FOR GRANTS OR CONTRACTS.— (D) meets such other qualifications as the Any person may apply to the Administrator for Administrator considers necessary or appro- a grant or contract under this section. In addi- priate. tion, the Administrator may invite applications (b) QUALIFICATIONS AND GUIDELINES.—The Ad- with respect to specific national needs or prob- ministrator shall by regulation prescribe— lems identified under subsection (a). Application (1) the qualifications required to be met shall be made in such form and manner, and under paragraphs (2)(C) and (3)(D) of sub- with such content and other submissions, as the section (a); and Administrator shall by regulation prescribe. (2) guidelines relating to the activities and Any grant made, or contract entered into, under responsibilities of space grant colleges and this section shall be subject to the limitations space grant regional consortia. and provisions set forth in paragraphs (2) and (4) (c) SUSPENSION OR TERMINATION OF DESIGNA- of section 40304(d) of this title and to such other TION.—The Administrator may, for cause and terms, conditions, and requirements as the Ad- after an opportunity for hearing, suspend or ter- ministrator considers necessary or appropriate. minate any designation under subsection (a). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3385.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3386.)

HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES

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

40305 ...... 42 U.S.C. 2486e. Pub. L. 100–147, title II, § 207, 40306 ...... 42 U.S.C. 2486f. Pub. L. 100–147, title II, § 208, Oct. 30, 1987, 101 Stat. 873. Oct. 30, 1987, 101 Stat. 873. In subsection (a), the words ‘‘up to 100 percent’’ are substituted for ‘‘100 percent, or any lesser percent’’ to § 40307. Space grant fellowship program eliminate unnecessary words. (a) AWARD OF FELLOWSHIPS.—The Adminis- § 40306. Space grant college and space grant re- trator shall support a space grant fellowship gional consortium program to provide educational and training as- sistance to qualified individuals at the graduate (a) DESIGNATION AND QUALIFICATIONS.— level of education in fields related to space. (1) AUTHORITY TO DESIGNATE.—The Adminis- Such fellowships shall be awarded pursuant to trator may designate— guidelines established by the Administrator. (A) any institution of higher education as Space grant fellowships shall be awarded to indi- a space grant college; and viduals at space grant colleges, space grant re- (B) any association or other alliance of 2 gional consortia, other colleges and institutions or more persons, other than individuals, as a of higher education, professional associations, space grant regional consortium. and institutes in such a manner as to ensure (2) SPACE GRANT COLLEGE REQUIREMENTS.—No wide geographic and institutional diversity in institution of higher education may be des- the pursuit of research under the fellowship pro- ignated as a space grant college unless the Ad- gram. ministrator finds that such institution— (b) LIMITATION ON AMOUNT PROVIDED.—The (A) is maintaining a balanced program of total amount which may be provided for grants research, education, training, and advisory under the space grant fellowship program during services in fields related to space; any fiscal year shall not exceed an amount equal (B) will act in accordance with such guide- to 50 percent of the total funds appropriated for lines as are prescribed under subsection such year pursuant to this chapter. (b)(2); and (c) AUTHORITY TO SPONSOR OTHER RESEARCH (C) meets such other qualifications as the FELLOWSHIP PROGRAMS UNAFFECTED.—Nothing Administrator considers necessary or appro- in this section shall be construed to prohibit the priate. Administrator from sponsoring any research fel- lowship program, including any special empha- (3) SPACE GRANT REGIONAL CONSORTIUM RE- sis program, which is established under an au- QUIREMENTS.—No association or other alliance thority other than this chapter. of 2 or more persons may be designated as a space grant regional consortium unless the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387.) Administrator finds that such association or HISTORICAL AND REVISION NOTES alliance— (A) is established for the purpose of shar- Revised Section Source (U.S. Code) Source (Statutes at Large) ing expertise, research, educational facili- ties or training facilities, and other capabili- 40307 ...... 42 U.S.C. 2486g. Pub. L. 100–147, title II, § 209, Oct. 30, 1987, 101 Stat. 874. ties in order to facilitate research, edu- cation, training, and advisory services in § 40308. Space grant review panel any field related to space; (B) will encourage and follow a regional (a) ESTABLISHMENT.—The Administrator shall approach to solving problems or meeting establish an independent committee known as needs relating to space, in cooperation with the space grant review panel, which shall not be appropriate space grant colleges, space grant subject to the provisions of the Federal Advi- programs, and other persons in the region; sory Committee Act (5 App. U.S.C.). § 40309 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 68

(b) DUTIES.—The panel shall take such steps as REFERENCES IN TEXT may be necessary to review, and shall advise the The Federal Advisory Committee Act, referred to in Administrator with respect to— subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, (1) applications or proposals for, and per- which is set out in the Appendix to Title 5, Government formance under, grants and contracts awarded Organization and Employees. pursuant to sections 40304 and 40305 of this title; (2) the space grant fellowship program; § 40309. Availability of other Federal personnel (3) the designation and operation of space and data grant colleges and space grant regional con- Each department, agency, or other instrumen- sortia, and the operation of space grant and tality of the Federal Government that is en- fellowship programs; (4) the formulation and application of the gaged in or concerned with, or that has author- planning guidelines and priorities pursuant to ity over, matters relating to space— subsections (a) and (b)(1) of section 40303 of (1) may, upon a written request from the Ad- this title; and ministrator, make available, on a reimburs- (5) such other matters as the Administrator able basis or otherwise, any personnel (with refers to the panel for review and advice. their consent and without prejudice to their position and rating), service, or facility which (c) PERSONNEL AND ADMINISTRATIVE SERV- the Administrator considers necessary to ICES.—The Administrator shall make available carry out any provision of this chapter; to the panel any information, personnel, and ad- (2) may, upon a written request from the Ad- ministrative services and assistance which is ministrator, furnish any available data or reasonable to carry out the duties of the panel. (d) MEMBERS.— other information which the Administrator (1) APPOINTMENT.—The Administrator shall considers necessary to carry out any provision appoint the voting members of the panel. A of this chapter; and majority of the voting members shall be indi- (3) may cooperate with the Administration. viduals who, by reason of knowledge, experi- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.) ence, or training, are especially qualified in one or more of the disciplines and fields relat- HISTORICAL AND REVISION NOTES ed to space. The other voting members shall Revised be individuals who, by reason of knowledge, Section Source (U.S. Code) Source (Statutes at Large) experience, or training, are especially quali- 40309 ...... 42 U.S.C. 2486i. Pub. L. 100–147, title II, § 211, fied in, or representative of, education, exten- Oct. 30, 1987, 101 Stat. 875. sion services, State government, industry, economics, planning, or any other activity re- lated to efforts to enhance the understanding, § 40310. Designation or award to be on competi- assessment, development, or utilization of tive basis space resources. The Administrator shall con- sider the potential conflict of interest of any The Administrator shall not under this chap- individual in making appointments to the ter designate any space grant college or space panel. grant regional consortium or award any fellow- (2) CHAIRMAN AND VICE CHAIRMAN.—The Ad- ship, grant, or contract unless such designation ministrator shall select one voting member to or award is made in accordance with the com- serve as the Chairman and another voting petitive, merit-based review process employed member to serve as the Vice Chairman. The by the Administration on October 30, 1987. Vice Chairman shall act as Chairman in the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.) absence or incapacity of the Chairman. (3) REIMBURSEMENT FOR EXPENSES.—Voting HISTORICAL AND REVISION NOTES members of the panel who are not Federal em- ployees shall be reimbursed for actual and rea- Revised Section Source (U.S. Code) Source (Statutes at Large) sonable expenses incurred in the performance of such duties. 40310 ...... 42 U.S.C. 2486k. Pub. L. 100–147, title II, § 213, Oct. 30, 1987, 101 Stat. 875. (4) MEETINGS.—The panel shall meet on a bi- annual basis and, at any other time, at the The date ‘‘October 30, 1987’’ is substituted for ‘‘the call of the Chairman or upon the request of a date of enactment of this Act’’ to reflect the date of en- majority of the voting members or of the Ad- actment of the National Space Grant College and Fel- ministrator. lowship Act, which is title II of the National Aero- (5) POWERS.—The panel may exercise such nautics and Space Administration Authorization Act of powers as are reasonably necessary in order to 1988 (Public Law 100–147, 101 Stat. 860). carry out the duties enumerated in subsection (b). § 40311. Continuing emphasis (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3387.) The Administration shall continue its empha- HISTORICAL AND REVISION NOTES sis on the importance of education to expand op- Revised portunities for Americans to understand and Section Source (U.S. Code) Source (Statutes at Large) participate in the Administration’s aeronautics 40308 ...... 42 U.S.C. 2486h. Pub. L. 100–147, title II, § 210, and space projects by supporting and enhancing Oct. 30, 1987, 101 Stat. 874. science and engineering education, research, and public outreach efforts. In subsection (a), the word ‘‘provisions’’ is sub- stituted for ‘‘provisons’’ to correct an error in the law. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3388.) Page 69 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40504

HISTORICAL AND REVISION NOTES facilities, offers the potential for greatly enhanced biomedical research activities and progress; and Revised ‘‘(5) the establishment and maintenance of an inter- Section Source (U.S. Code) Source (Statutes at Large) national telemedicine consultation satellite capabil- 40311 ...... 42 U.S.C. 17781(c). Pub. L. 110–422, title VII, ity to support emergency medical service provision § 704(c), Oct. 15, 2008, 122 can provide an important aid to disaster relief ef- Stat. 4803. forts.’’

CHAPTER 405—BIOMEDICAL RESEARCH IN § 40502. Biomedical research grants SPACE (a) ESTABLISHMENT OF PROGRAM.—The Admin- Sec. istrator and the Director of the National Insti- 40501. Biomedical research joint working group. tutes of Health shall establish a joint program 40502. Biomedical research grants. of biomedical research grants in areas described 40503. Biomedical research fellowships. in section 40501(a) of this title, where such re- 40504. Establishment of electronic data archive. 40505. Establishment of emergency medical service search requires access to a microgravity envi- telemedicine capability. ronment. Such program shall be consistent with actions taken by the joint working group under § 40501. Biomedical research joint working group section 40501 of this title. (b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.— (a) ESTABLISHMENT.—The Administrator and the Director of the National Institutes of Health The grants program established under sub- shall jointly establish a working group to coor- section (a) shall annually issue joint research dinate biomedical research activities in areas opportunity announcements under the sponsor- where a microgravity environment may contrib- ship of the National Institutes of Health and the ute to significant progress in the understanding Administration. Responses to the announce- and treatment of diseases and other medical ments shall be evaluated by a peer review com- conditions. The joint working group shall for- mittee whose members shall be selected by the mulate joint and complementary programs in Director of the National Institutes of Health and such areas of research. the Administrator, and shall include individuals not employed by the Administration or the Na- (b) MEMBERSHIP.—The joint working group shall include equal representation from the Ad- tional Institutes of Health. ministration and the National Institutes of (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) Health, and shall include representation from National Institutes of Health councils, as se- HISTORICAL AND REVISION NOTES lected by the Director of the National Institutes Revised Source (U.S. Code) Source (Statutes at Large) of Health, and from the National Aeronautics Section and Space Administration Advisory Council. 40502 ...... 42 U.S.C. 2487b. Pub. L. 102–588, title VI, (c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.— § 603, Nov. 4, 1992, 106 Stat. The joint working group shall organize annual 5130. symposia on biomedical research described in subsection (a) under the joint sponsorship of the § 40503. Biomedical research fellowships Administration and the National Institutes of The Administrator and the Director of the Na- Health. tional Institutes of Health shall create a joint (d) ANNUAL REPORTING REQUIREMENT.—The program of graduate research fellowships in bio- joint working group shall report annually to medical research described in section 40501(a) of Congress on its progress in carrying out this sec- this title. Fellowships under such program may tion. provide for participation in approved research (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) conferences and symposia.

HISTORICAL AND REVISION NOTES (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.)

Revised HISTORICAL AND REVISION NOTES Section Source (U.S. Code) Source (Statutes at Large) Revised Source (U.S. Code) Source (Statutes at Large) 40501 ...... 42 U.S.C. 2487a. Pub. L. 102–588, title VI, Section § 602, Nov. 4, 1992, 106 Stat. 5130. 40503 ...... 42 U.S.C. 2487c. Pub. L. 102–588, title VI, § 604, Nov. 4, 1992, 106 Stat. 5131. FINDINGS Pub. L. 102–588, title VI, § 601, Nov. 4, 1992, 106 Stat. § 40504. Establishment of electronic data archive 5130, provided that: ‘‘The Congress finds that— ‘‘(1) the space program can make significant con- The Administrator shall create and maintain tributions to selected areas of health-related research a national electronic data archive for bio- and should be an integral part of the Nation’s health medical research data obtained from space- research and development program; based experiments. ‘‘(2) the continuing development of trained sci- entists and engineers is essential to carrying out an (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) effective and sustained program of biomedical re- search in space and on the ground; HISTORICAL AND REVISION NOTES ‘‘(3) the establishment and maintenance of an elec- tronically accessible archive of data on space-related Revised Section Source (U.S. Code) Source (Statutes at Large) biomedical research is essential to advancement of the field; 40504 ...... 42 U.S.C. 2487e. Pub. L. 102–588, title VI, ‘‘(4) cooperation with the republics of the former § 606, Nov. 4, 1992, 106 Stat. 5131. Soviet Union, including use of former Soviet orbital § 40505 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 70

§ 40505. Establishment of emergency medical § 40702. Additional research and development service telemedicine capability initiative The Administrator, the Administrator of the The Administrator shall establish an initia- Federal Emergency Management Agency, the tive involving the Administration, universities, Director of the Office of Foreign Disaster Assist- industry, and other research organizations as ance, and the Surgeon General of the United appropriate, of research, development, and dem- States shall jointly create and maintain an onstration, in a relevant environment, of tech- international telemedicine satellite consulta- nologies to enable the following commercial air- tion capability to support emergency medical craft performance characteristics: services in disaster-stricken areas. (1) NOISE LEVELS.—Noise levels on takeoff and on airport approach and landing that do (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3389.) not exceed ambient noise levels in the absence HISTORICAL AND REVISION NOTES of flight operations in the vicinity of airports from which such commercial aircraft would Revised Section Source (U.S. Code) Source (Statutes at Large) normally operate, without increasing energy consumption or nitrogen oxide emissions com- 40505 ...... 42 U.S.C. 2487f. Pub. L. 102–588, title VI, § 607, Nov. 4, 1992, 106 Stat. pared to aircraft in commercial service as of 5131; Pub. L. 109–295, title October 15, 2008. VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410. (2) GREENHOUSE GAS EMISSIONS.—Significant reductions in greenhouse gas emissions com- The words ‘‘Office of Foreign Disaster Assistance’’ pared to aircraft in commercial services as of are substituted for ‘‘Office of Foreign Disaster’’ to cor- October 15, 2008. rect an error in the law. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.)

CHAPTER 407—ENVIRONMENTALLY HISTORICAL AND REVISION NOTES FRIENDLY AIRCRAFT Revised Section Source (U.S. Code) Source (Statutes at Large) Sec. 40701. Research and development initiative. 40702 ...... 42 U.S.C. 17721. Pub. L. 110–422, title III, 40702. Additional research and development initia- § 302, Oct. 15, 2008, 122 tive. Stat. 4786. 40703. Research alignment. 40704. Research program on perceived impact of In paragraphs (1) and (2), the date ‘‘October 15, 2008’’ sonic booms. is substituted for ‘‘the date of enactment of this Act’’ to reflect the date of enactment of the National Aero- nautics and Space Administration Authorization Act of § 40701. Research and development initiative 2008 (Public Law 110–422, 122 Stat. 4779). The Administrator may establish an initiative § 40703. Research alignment with the objective of developing, and dem- onstrating in a relevant environment, tech- In addition to pursuing the research and devel- nologies to enable the following commercial air- opment initiative described in section 40702 of craft performance characteristics: this title, the Administrator shall, to the maxi- (1) NOISE LEVELS.—Noise levels on takeoff mum extent practicable within available fund- and on airport approach and landing that do ing, align the fundamental aeronautics research not exceed ambient noise levels in the absence program to address high priority technology of flight operations in the vicinity of airports challenges of the National Academies’ Decadal from which such commercial aircraft would Survey of Civil Aeronautics, and shall work to normally operate. increase the degree of involvement of external (2) ENERGY CONSUMPTION.—Twenty-five per- organizations, and especially of universities, in cent reduction in the energy required for the fundamental aeronautics research program. medium- to long-range flights, compared to (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.) aircraft in commercial service as of December 30, 2005. HISTORICAL AND REVISION NOTES (3) EMISSIONS.—Nitrogen oxides on take-off Revised Source (U.S. Code) Source (Statutes at Large) and landing that are significantly reduced, Section without adversely affecting hydrocarbons and 40703 ...... 42 U.S.C. 17722. Pub. L. 110–422, title III, smoke, relative to aircraft in commercial § 303, Oct. 15, 2008, 122 service as of December 30, 2005. Stat. 4787. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3390.) § 40704. Research program on perceived impact HISTORICAL AND REVISION NOTES of sonic booms (a) ESTABLISHMENT.—The Administrator shall Revised Source (U.S. Code) Source (Statutes at Large) Section establish a cooperative research program with 40701 ...... 42 U.S.C. 16722(a). Pub. L. 109–155, title IV, industry, including the conduct of flight dem- § 422(a), Dec. 30, 2005, 119 onstrations in a relevant environment, to col- Stat. 2924. lect data on the perceived impact of sonic booms. The data could enable the promulgation In paragraphs (2) and (3), the date ‘‘December 30, 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 Page 71 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40704 as appropriate with the Administrator of the have been effective in delivering educational content Federal Aviation Administration, and as appro- because of the strong engagement of Administration priate make use of the expertise of the Partner- scientists and engineers in the Administration’s edu- ship for Air Transportation Noise and Emissions cation and outreach activities; ‘‘(4) the Administration’s education and outreach Reduction Center of Excellence sponsored by the programs, including the Experimental Program to Administration and the Federal Aviation Ad- Stimulate Competitive Research (EPSCoR) and the ministration. Space Grant College and Fellowship Program, reflect (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391.) the Administration’s successful commitment to growing and diversifying the national science and en- HISTORICAL AND REVISION NOTES gineering workforce; and ‘‘(5) in order to grow and diversify the Nation’s en- Revised Source (U.S. Code) Source (Statutes at Large) gineering workforce, it is vital for the Administra- Section tion to bolster programs, such as High Schools 40704(a) ...... 42 U.S.C. 17723(b). Pub. L. 110–422, title III, United with NASA to Create Hardware (HUNCH) pro- § 304(b), (c), Oct. 15, 2008, gram, that conduct outreach activities to under- 122 Stat. 4787. served rural communities, vocational schools, and 40704(b) ...... 42 U.S.C. 17723(c). tribal colleges and universities and encourage new participation in the STEM workforce. PURPOSE ‘‘(b) CONTINUATION OF EDUCATION AND OUTREACH AC- Pub. L. 110–422, title III, § 304(a), Oct. 15, 2008, 122 Stat. TIVITIES AND PROGRAMS.— 4787, provided that: ‘‘The ability to fly commercial air- ‘‘(1) IN GENERAL.—The Administrator [of the Na- craft over land at supersonic speeds without adverse tional Aeronautics and Space Administration] shall impacts on the environment or on local communities continue engagement with the public and education would open new markets and enable new transportation opportunities for students via all the Administra- capabilities. In order to have the basis for establishing tion’s mission directorates to the maximum extent appropriate sonic boom standards for such flight oper- practicable. ations, a research program is needed to assess the im- ‘‘(2) REPORT.—Not later than 60 days after the date pact in a relevant environment of commercial super- of enactment of this Act [Mar. 21, 2017], the Adminis- sonic flight operations.’’ trator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and CHAPTER 409—MISCELLANEOUS Transportation of the Senate and Committee on Science, Space, and Technology of the House of Rep- Sec. resentatives] a report on the Administration’s near- 40901. Science, Space, and Technology Education term outreach plans for advancing space law edu- Trust Fund. cation.’’ 40902. National Aeronautics and Space Administra- tion Endeavor Teacher Fellowship Trust INSPIRING THE NEXT SPACE PIONEERS, INNOVATORS, Fund. RESEARCHERS, AND EXPLORERS (INSPIRE) WOMEN 40903. Experimental Program to Stimulate Com- Pub. L. 115–7, Feb. 28, 2017, 131 Stat. 13, provided that: petitive Research—merit grant competition requirements. ‘‘SECTION 1. SHORT TITLE. 40904. Microgravity research. ‘‘This Act may be cited as the ‘Inspiring the Next 40905. Program to expand distance learning in rural Space Pioneers, Innovators, Researchers, and Explorers underserved areas. (INSPIRE) Women Act’. 40906. Equal access to the Administration’s edu- ‘‘SEC. 2. FINDINGS. cation programs. ‘‘The Congress finds that— 40907. Museums. ‘‘(1) NASA GIRLS and NASA BOYS are virtual 40908. Continuation of certain education programs. 40909. Compliance with title IX of Education mentoring programs using commercially available Amendments of 1972. video chat programs to pair National Aeronautics and Space Administration mentors with young stu- NASA INTERNSHIP AND FELLOWSHIP OPPORTUNITIES dents anywhere in the country. NASA GIRLS and Pub. L. 115–303, § 3, Dec. 11, 2018, 132 Stat. 4399, pro- NASA BOYS give young students the opportunity to vided that: ‘‘Not later than October 1, 2018, the Admin- interact and learn from real engineers, scientists, and istrator of the National Aeronautics and Space Admin- technologists. istration (in this section referred to as ‘NASA’) shall ‘‘(2) The Aspire to Inspire (A2I) program engages institute a process to encourage the recruitment of young girls to present science, technology, engineer- qualified candidates who are women or individuals who ing, and mathematics (STEM) career opportunities are underrepresented in the fields of science, tech- through the real lives and jobs of early career women nology, engineering, and mathematics (STEM) and at NASA. computer science for internships and fellowships at ‘‘(3) The Summer Institute in Science, Technology, NASA with relevance to the aerospace sector and relat- Engineering, and Research (SISTER) program at the ed fields.’’ Goddard Space Flight Center is designed to increase awareness of, and provide an opportunity for, female EDUCATION AND OUTREACH middle school students to be exposed to and explore nontraditional career fields with Goddard Space Pub. L. 115–10, title VIII, § 824, Mar. 21, 2017, 131 Stat. Flight Center women engineers, mathematicians, sci- 64, provided that: entists, technicians, and researchers. ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘SEC. 3. SUPPORTING WOMEN’S INVOLVEMENT IN ‘‘(1) United States competitiveness in the 21st cen- THE FIELDS OF AEROSPACE AND SPACE EX- tury requires engaging the science, technology, engi- PLORATION. neering, and mathematics (referred to in this section ‘‘The Administrator of the National Aeronautics and as ‘STEM’) talent in all States; Space Administration shall encourage women and girls ‘‘(2) the [National Aeronautics and Space] Adminis- to study science, technology, engineering, and mathe- tration is uniquely positioned to educate and inspire matics, pursue careers in aerospace, and further ad- students and the broader public on STEM subjects vance the Nation’s space science and exploration ef- and careers; forts through support of the following initiatives: ‘‘(3) the Administration’s Education and Commu- ‘‘(1) NASA GIRLS and NASA BOYS. nication Offices, Mission Directorates, and Centers ‘‘(2) Aspire to Inspire. § 40704 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 72

‘‘(3) Summer Institute in Science, Technology, En- Americans to enter the fields of science, mathe- gineering, and Research. matics, and engineering to help maintain United ‘‘SEC. 4. PLAN. States leadership in those fields. ‘‘(2) REPORTS.—(A) Not later than April 1, 2006, the ‘‘Not later than 90 days after the date of enactment Administrator shall transmit a plan to the Commit- of this Act [Feb. 28, 2017], the Administrator shall sub- tee on Science [now Committee on Science, Space, mit to the Committee on Science, Space, and Tech- and Technology] of the House of Representatives and nology of the House of Representatives and the Com- the Committee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transportation of tation of the Senate describing the activities that the Senate a plan for how NASA can best facilitate and will be undertaken as part of the national awareness support both current and retired astronauts, scientists, campaign required by paragraph (1) and the expected engineers, and innovators, including early career fe- cost of those activities. NASA [National Aeronautics male astronauts, scientists, engineers, and innovators, and Space Administration] may undertake activities to engage with K–12 female STEM students and inspire as part of the national awareness campaign prior to the next generation of women to consider participating the transmittal of the plan required by this subpara- in the fields of science, technology, engineering, and graph, but the plan shall include a description of any mathematics and to pursue careers in aerospace. This activities undertaken prior to the transmittal and plan shall— the estimated cost of those activities. ‘‘(1) report on existing activities with current and ‘‘(B) Not later than three years after the date of en- retired NASA astronauts, scientists, engineers, and actment of this Act [Dec. 30, 2005], the Administrator innovators; shall transmit to the Committee on Science of the ‘‘(2) identify how NASA could best leverage existing House of Representatives and the Committee on Com- authorities to facilitate and support current and re- merce, Science, and Transportation of the Senate an tired astronaut, scientist, engineer, and innovator assessment of the impact of the national awareness participation in NASA outreach efforts; campaign. ‘‘(3) propose and describe a program specific to re- ‘‘(b) BUDGET INFORMATION.—Not later than April 30, tired astronauts, scientists, engineers, and 2006, the Administrator shall transmit to the Commit- innovators; and tee on Science [now Committee on Science, Space, and ‘‘(4) identify any additional authorities necessary Technology] of the House of Representatives and the to institute such a program.’’ Committee on Commerce, Science, and Transportation of the Senate a report describing— NASA’S CONTRIBUTION TO EDUCATION ‘‘(1) the expected cost of the Crew Exploration Ve- hicle through fiscal year 2020, based on the public Pub. L. 111–358, title II, § 202, Jan. 4, 2011, 124 Stat. specifications for that development contract; and 3993, provided that: ‘‘(2) the expected budgets for each fiscal year ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress through 2020 for human spaceflight, aeronautics, that NASA [National Aeronautics and Space Adminis- space science, and earth science— tration] is uniquely positioned to interest students in ‘‘(A) first assuming inflationary growth for the science, technology, engineering, and mathematics, not budget of NASA as a whole and including costs for only by the example it sets, but through its education the Crew Exploration Vehicle as projected under programs. paragraph (1); and ‘‘(b) EDUCATIONAL PROGRAM GOALS.—NASA shall de- ‘‘(B) then assuming inflationary growth for the velop and maintain educational programs— budget of NASA as a whole and including at least ‘‘(1) to carry out and support research based pro- two cost estimates for the Crew Exploration Vehi- grams and activities designed to increase student in- cle that are higher than those projected under para- terest and participation in STEM, including students graph (1), based on NASA’s past experience with from minority and underrepresented groups; cost increases for similar programs, along with a ‘‘(2) to improve public literacy in STEM; description of the reasons for selecting the cost es- ‘‘(3) that employ proven strategies and methods for timates used for the calculations under this sub- improving student learning and teaching in STEM; paragraph and the confidence level for each of the ‘‘(4) to provide curriculum support materials and cost estimates used in this section. other resources that— ‘‘(c) SPACE COMMUNICATIONS PLAN.— ‘‘(A) are designed to be integrated with compre- ‘‘(1) PLAN.—The Administrator shall develop a plan, hensive STEM education; in consultation with relevant Federal agencies, for ‘‘(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. ‘‘(B) Upgrades needed to support Deep Space Net- REPORTS work requirements. ‘‘(C) Cost estimates for the maintenance of exist- Pub. L. 109–155, title I, § 102, Dec. 30, 2005, 119 Stat. ing Deep Space Network capabilities. 2905, provided that: ‘‘(D) Cost estimates and schedules for the up- ‘‘(a) NATIONAL AWARENESS CAMPAIGN.— grades described in subparagraph (B). ‘‘(1) IN GENERAL.—The Administrator [of the Na- ‘‘(E) Projected Tracking and Data Relay Satellite tional Aeronautics and Space Administration] shall System requirements for the next 20 years, includ- implement, beginning not later than May 1, 2006, a ing those in support of other relevant Federal agen- national awareness campaign through various media, cies. including print, radio, television, and the Internet, to ‘‘(F) Cost and schedule estimates to maintain and articulate missions, publicize recent accomplish- upgrade the Tracking and Data Relay Satellite Sys- ments, and facilitate efforts to encourage young tem to meet projected requirements. Page 73 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40901

‘‘(2) CONSULTATIONS.—The Administrator shall con- for a two-year period payment under programs author- sult with other relevant Federal agencies in develop- ized by the National Aeronautics and Space Act of 1958 ing the plan under this subsection. (see 51 U.S.C. 20101 et seq.) to any individual attending ‘‘(3) SCHEDULE.—The Administrator shall transmit or employed by such institution who has been con- the plan under this subsection to the Committee on victed of any crime committed after May 19, 1972, Science [now Committee on Science, Space, and which involved the use of force, disruption or seizure of Technology] of the House of Representatives and the property to prevent officers or students from engaging Committee on Commerce, Science, and Transpor- in their duties or pursuing their studies. Similar provi- tation of the Senate not later than February 17, 2007. sions were contained in the following prior appropria- ‘‘(d) JOINT DARK ENERGY MISSION.—The Adminis- tion acts: trator and the Director of the Department of Energy Office of Science shall jointly transmit to the Commit- Pub. L. 92–68, § 6, Aug. 6, 1971, 85 Stat. 177. tee on Science [now Committee on Science, Space, and Pub. L. 91–303, § 6, July 2, 1970, 84 Stat. 372. Technology] of the House of Representatives and the Committee on Commerce, Science, and Transportation Pub. L. 91–119, § 7, Nov. 18, 1969, 83 Stat. 201. of the Senate, not later than July 15, 2006, a report on plans for a Joint Dark Energy Mission. The report shall § 40901. Science, Space, and Technology Edu- include the amount of funds each agency intends to ex- pend on the Joint Dark Energy Mission for each of the cation Trust Fund fiscal years 2007 through 2011, and any specific mile- stones for the development and launch of the Mission. There is appropriated, by transfer from funds ‘‘(e) OFFICE OF SCIENCE AND TECHNOLOGY POLICY.— appropriated in the Department of Housing and ‘‘(1) STUDY.—As part of ongoing efforts to coordi- Urban Development—Independent Agencies Ap- nate research and development across the Federal propriations Act, 1989 (Public Law 100–404, 102 agencies, the Director of the Office of Science and Stat. 1014), for ‘‘Construction of facilities’’, the Technology Policy shall conduct a study to deter- mine— sum of $15,000,000 to the ‘‘Science, Space, and ‘‘(A) if any research and development programs of Technology Education Trust Fund’’, which is NASA are unnecessarily duplicating aspects of pro- hereby established in the Treasury of the United grams of other Federal agencies; and States. The Secretary of the Treasury shall in- ‘‘(B) if any research and development programs of vest these funds in the United States Treasury NASA are neglecting any topics of national interest special issue securities, and interest shall be that are related to the mission of NASA. ‘‘(2) REPORT.—Not later than one year after the credited to the Trust Fund on a quarterly basis. date of enactment of this Act [Dec. 30, 2005], the Di- Such interest shall be available for the purpose rector of the Office of Science and Technology Policy of making grants for programs directed at im- shall transmit to the Committee on Science [now proving science, space, and technology edu- Committee on Science, Space, and Technology] of the cation in the United States. The Administrator, House of Representatives and the Committee on Com- after consultation with the Director of the Na- merce, Science, and Transportation of the Senate a tional Science Foundation, shall review applica- report that— ‘‘(A) describes the results of the study under para- tions made for such grants and determine the graph (1); distribution of available funds on a competitive ‘‘(B) lists the research and development programs basis. Grants shall be made available to any of Federal agencies other than NASA that were re- awardee only to the extent that the awardee viewed as part of the study, which shall include any provides matching funds from non-Federal program supporting research and development in an sources to carry out the program for which area related to the programs of NASA, and the grants from this Trust Fund are made. Of the most recent budget figures for those programs of other agencies; funds made available by this Trust Fund, ‘‘(C) recommends any changes to the research and $250,000 shall be disbursed each calendar quarter development programs of NASA that should be to the Challenger Center for Space Science Edu- made in response to the findings of the study re- cation. The Administrator shall submit to Con- quired by paragraph (1); and gress an annual report on the grants made pur- ‘‘(D) describes mechanisms the Office of Science suant to this section. and Technology Policy will use to ensure adequate coordination between NASA and Federal agencies (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391.) that operate related programs. ‘‘(3) CONTRACT.—The Director of the Office of HISTORICAL AND REVISION NOTES Science and Technology Policy may contract with a nongovernmental entity to conduct the study re- Revised Source (U.S. Code) Source (Statutes at Large) quired by paragraph (1).’’ Section

REVIEW OF MUST PROGRAM 40901 ...... 42 U.S.C. 2467. Pub. L. 100–404, title II, (par. under heading ‘‘Science, Pub. L. 109–155, title VI, § 617, Dec. 30, 2005, 119 Stat. Space, and Technology 2934, provided that: ‘‘Not later than 60 days after the Education Trust Fund’’, at 102 Stat. 1028), Aug. 19, date of enactment of this Act [Dec. 30, 2005], the Ad- 1988, 102 Stat. 1028; Pub. L. ministrator [of the National Aeronautics and Space Ad- 103–327, title III, Sept. 28, ministration] shall transmit a report to Congress on 1994, 108 Stat. 2328. the legal status of the Motivating Undergraduates in Science and Technology program. If the report con- In the first sentence, the words ‘‘the Department of cludes that the program is in compliance with the laws Housing and Urban Development—Independent Agen- of the United States, NASA [National Aeronautics and cies Appropriations Act, 1989 (Public Law 100–404, 102 Space Administration] shall implement the program, Stat. 1014)’’ are substituted for ‘‘this Act’’ to clarify the as planned in the July 5, 2005, NASA Research An- reference. nouncement.’’ In the second sentence, the words ‘‘of the Treasury’’ DENIAL OF FINANCIAL ASSISTANCE TO CAMPUS are inserted after ‘‘the Secretary’’ for clarity. DISRUPTERS In the sixth sentence, the word ‘‘hereafter’’, which Pub. L. 92–304, § 6, May 19, 1972, 86 Stat. 161, provided appeared after ‘‘each calendar quarter’’, is omitted as generally that any institution of higher education deny unnecessary. § 40902 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 74

§ 40902. National Aeronautics and Space Admin- § 40903. Experimental Program to Stimulate istration Endeavor Teacher Fellowship Trust Competitive Research—merit grant competi- Fund tion requirements

(a) ESTABLISHMENT.—There is established in (a) DEFINITION OF ELIGIBLE STATE.—In this sec- the Treasury of the United States, in tribute to tion, the term ‘‘eligible State’’ means a State the dedicated crew of the Space Shuttle Chal- designated by the Administrator as eligible to lenger, a trust fund to be known as the National compete in the National Science Foundation’s Aeronautics and Space Administration Endeav- Experimental Program to Stimulate Competi- or Teacher Fellowship Trust Fund (hereafter in tive Research. this section referred to as the ‘‘Trust Fund’’). (b) COMPETITION.—Making use of the existing The Trust Fund shall consist of amounts which infrastructure established in eligible States by may from time to time, at the discretion of the the National Science Foundation, the Adminis- Administrator, be transferred from the National trator shall conduct a merit grant competition Aeronautics and Space Administration Gifts and among the eligible States in areas of research Donations Trust Fund. important to the mission of the Administration. (b) INVESTMENT OF TRUST FUND.—The Admin- With respect to a grant application by an eligi- istrator shall direct the Secretary of the Treas- ble State, the Administrator shall consider— ury to invest and reinvest funds in the Trust (1) the application’s merit and relevance to Fund in public debt securities with maturities the mission of the Administration; suitable for the needs of the Trust Fund, and (2) the potential for the grant to serve as a bearing interest at rates determined by the Sec- catalyst to enhance the ability of researchers retary of the Treasury, taking into consider- in the State to become more competitive for ation the current average market yield on out- regular Administration funding; standing marketable obligations of the United (3) the potential for the grant to improve the States of comparable maturities. Interest environment for science, mathematics, and en- earned shall be credited to the Trust Fund. gineering education in the State; and (4) the need to ensure the maximum dis- (c) PURPOSE.—Income accruing from the Trust tribution of grants among eligible States, con- Fund principal shall be used to create the Na- sistent with merit. tional Aeronautics and Space Administration Endeavor Teacher Fellowship Program, to the (c) SUPPLEMENTAL GRANTS.—The Adminis- extent provided in advance in appropriation trator shall endeavor, where appropriate, to sup- Acts. The Administrator is authorized to use plement grants made under subsection (b) with such funds to award fellowships to selected such grants for fellowships, traineeships, equip- United States nationals who are undergraduate ment, or instrumentation as are available. students pursuing a course of study leading to (d) INFORMATION IN ANNUAL BUDGET SUBMIS- certified teaching degrees in elementary edu- SION.—In order to ensure that research expertise cation or in secondary education in mathe- and talent throughout the Nation is developed matics, science, or technology disciplines. and engaged in Administration research and Awards shall be made pursuant to standards es- education activities, the Administration shall, tablished for the fellowship program by the Ad- as part of its annual budget submission, detail ministrator. additional steps that can be taken to further in- (d) AVAILABILITY OF FUNDS.—The interest ac- tegrate the participating eligible States in both cruing from the National Aeronautics and Space existing and new or emerging Administration Administration Endeavor Teacher Fellowship research programs and center activities. Trust Fund principal shall be available in fiscal (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3392.) year 2012 for the purpose of the Endeavor Science Teacher Certificate Program. HISTORICAL AND REVISION NOTES

(Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3391; Revised Source (U.S. Code) Source (Statutes at Large) Pub. L. 112–55, div. B, title III, Nov. 18, 2011, 125 Section Stat. 626.) 40903(a) ...... 42 U.S.C. 2467b(c). Pub. L. 102–588, title III, § 304, Nov. 4, 1992, 106 Stat. ISTORICAL AND EVISION OTES 5120. H R N 40903(b) ...... 42 U.S.C. 2467b(a). 40903(c) ...... 42 U.S.C. 2467b(b). Revised Source (U.S. Code) Source (Statutes at Large) 40903(d) ...... 42 U.S.C. 17781(b). Pub. L. 110–422, title VII, Section § 704(b), Oct. 15, 2008, 122 Stat. 4802. 40902 ...... 42 U.S.C. 2467a. Pub. L. 102–195, § 20, Dec. 9, 1991, 105 Stat. 1615. In subsection (d) the words ‘‘eligible States’’ are sub- stituted for ‘‘EPSCoR States’’ for clarity and consist- In subsection (a), the words ‘‘The Trust Fund shall ency in the section. consist of amounts’’ are substituted for ‘‘The Trust Fund shall consist of gifts and donations accepted by CONGRESSIONAL FINDINGS AND POLICY the National Aeronautics and Space Administration Pub. L. 102–588, title III, §§ 301–303, Nov. 4, 1992, 106 pursuant to section 208 of the National Aeronautics and Stat. 5119, provided that: Space Act of 1958 (42 U.S.C. 2476b), as well as other amounts’’ because the Administration’s authority to ‘‘SEC. 301. SHORT TITLE. accept gifts or donations under section 208 of the Na- ‘‘This title [see Tables for classification] may be tional Aeronautics and Space Act of 1958 terminated 5 cited as the ‘Experimental Program to Stimulate Com- years after October 30, 1987. petitive Research on Space and Aeronautics Act’. ‘‘SEC. 302. FINDINGS. ‘‘Congress finds that— AMENDMENTS ‘‘(1) the report of the Advisory Committee on the 2011—Subsec. (d). Pub. L. 112–55 added subsec. (d). Future of the United States Space Program has pro- Page 75 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 40906

vided a framework within which a consensus on the § 40905. Program to expand distance learning in goals of the space program can be developed; rural underserved areas ‘‘(2) the National Aeronautics and Space Adminis- tration’s space science and applications, aeronautical (a) IN GENERAL.—The Administrator shall de- research and technology, and space research and velop or expand programs to extend science and technology programs will serve as the fulcrum for fu- space educational outreach to rural commu- ture initiatives by the United States in civil space nities and schools through video conferencing, and aviation; interpretive exhibits, teacher education, class- ‘‘(3) colleges and universities in many States are room presentations, and student field trips. currently not able to compete successfully for re- (b) PRIORITIES.—In carrying out subsection (a), search grants awarded by the National Aeronautics and Space Administration through its space science the Administrator shall give priority to existing and applications, aeronautical research and tech- programs, including Challenger Learning Cen- nology, and space research and technology programs; ters— ‘‘(4) balanced programs of space science and appli- (1) that utilize community-based partner- cations, aeronautical research and technology, and ships in the field; space research and technology should include initia- (2) that build and maintain video conference tives designed to foster competitive research capac- and exhibit capacity; ity in all geographic areas of the Nation; and (3) that travel directly to rural communities ‘‘(5) by strengthening the competitive research ca- and serve low-income populations; and pacity in those geographic areas of the Nation which (4) with a special emphasis on increasing the are not currently fully competitive, the education number of women and minorities in the and training of scientists and engineers important to science and engineering professions. the future of the United States civil space and avia- tion programs will be fostered. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.)

‘‘SEC. 303. POLICY. HISTORICAL AND REVISION NOTES ‘‘It is the policy of the United States that— Revised ‘‘(1) the Administrator [of the National Aeronautics Section Source (U.S. Code) Source (Statutes at Large) and Space Administration], in planning for national programs in space science and applications, aero- 40905 ...... 42 U.S.C. 16791. Pub. L. 109–155, title VI, § 612, Dec. 30, 2005, 119 nautical research, space flight, and exploration, Stat. 2932. should ensure the resilience of the space and aero- nautics research infrastructure; ‘‘(2) a stable and balanced program of space science § 40906. Equal access to the Administration’s edu- and applications, aeronautical research and tech- cation programs nology, and space research and technology should in- (a) IN GENERAL.—The Administrator shall clude programs to assure that geographic areas of the strive to ensure equal access for minority and United States that currently do not successfully par- ticipate in competitive space and aeronautical re- economically disadvantaged students to the Ad- search activities are enabled to become more com- ministration’s education programs. petitive; and (b) REPORT.—Every 2 years, the Administrator ‘‘(3) programs to improve competitive capabilities shall submit a report to the Committee on should be a part of the research and the educational Science and Technology of the House of Rep- activities of the National Aeronautics and Space Ad- resentatives and the Committee on Commerce, ministration.’’ Science, and Transportation of the Senate de- scribing the efforts by the Administrator to en- § 40904. Microgravity research sure equal access for minority and economically disadvantaged students under this section and The Administrator shall— the results of such efforts. As part of the report, (1) ensure the capacity to support ground- the Administrator shall provide— based research leading to space-based basic (1) data on minority participation in the Ad- and applied scientific research in a variety of ministration’s education programs, at a mini- disciplines with potential direct national ben- mum in the categories of— efits and applications that can be advanced (A) elementary and secondary education; significantly from the uniqueness of micro- (B) undergraduate education; and gravity and the space environment; and (C) graduate education; and (2) carry out, to the maximum extent prac- (2) the total value of grants the Administra- ticable, basic, applied, and commercial Inter- tion made to Historically Black Colleges and national Space Station research in fields such Universities and to Hispanic Serving Institu- as molecular crystal growth, animal research, tions through education programs during the basic fluid physics, combustion research, cel- period covered by the report. lular biotechnology, low-temperature physics, and cellular research at a level that will sus- (c) PROGRAM.—The Administrator shall estab- tain the existing United States scientific ex- lish the Dr. Mae C. Jemison Grant Program to pertise and research capability in micro- work with Minority Serving Institutions to gravity research. bring more women of color into the field of space and aeronautics. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3393.) HISTORICAL AND REVISION NOTES HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) Revised Section Source (U.S. Code) Source (Statutes at Large) 40904(1) ...... 42 U.S.C. 16655(2). Pub. L. 109–155, title III, § 305(2), (3), Dec. 30, 2005, 40906 ...... 42 U.S.C. 16794. Pub. L. 109–155, title VI, 119 Stat. 2918. § 615, Dec. 30, 2005, 119 40904(2) ...... 42 U.S.C. 16655(3). Stat. 2934. § 40907 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 76

In subsection (b), in the matter before paragraph (1), HISTORICAL AND REVISION NOTES the words ‘‘Every 2 years’’ are substituted for ‘‘Not later than 1 year after the date of enactment of this Revised Section Source (U.S. Code) Source (Statutes at Large) Act [December 30, 2005], and every 2 years thereafter’’ to eliminate obsolete language. 40909 ...... 42 U.S.C. 16798(b). Pub. L. 109–155, title VI, In subsection (b), in the matter before paragraph (1), § 619(b), Dec. 30, 2005, 119 the words ‘‘Committee on Science and Technology’’ are Stat. 2935. substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of Representa- REFERENCES IN TEXT tives, adopted by House Resolution No. 6 (110th Con- The Education Amendments of 1972, referred to in gress, January 5, 2007). text, is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink CHANGE OF NAME Equal Opportunity in Education Act, is classified prin- Committee on Science and Technology of House of cipally to chapter 38 (§ 1681 et seq.) of Title 20, Edu- Representatives changed to Committee on Science, cation. For complete classification of title IX to the Space, and Technology of House of Representatives by Code, see Short Title note set out under section 1681 of House Resolution No. 5, One Hundred Twelfth Congress, Title 20 and Tables. Jan. 5, 2011. § 40907. Museums Subtitle V—Programs Targeting Commercial Opportunities The Administrator may provide grants to, and enter into cooperative agreements with, muse- CHAPTER 501—SPACE COMMERCE ums and planetariums to enable them to en- SUBCHAPTER I—GENERAL hance programs related to space exploration, aeronautics, space science, Earth science, or Sec. microgravity. 50101. Definitions. SUBCHAPTER II—PROMOTION OF COMMERCIAL (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) SPACE OPPORTUNITIES HISTORICAL AND REVISION NOTES 50111. Commercialization of Space Station. 50112. Promotion of United States Global Position- Revised ing System standards. Section Source (U.S. Code) Source (Statutes at Large) 50113. Acquisition of space science data. 40907 ...... 42 U.S.C. 16795. Pub. L. 109–155, title VI, 50114. Administration of commercial space centers. § 616, Dec. 30, 2005, 119 50115. Sources of Earth science data. Stat. 2934. 50116. Commercial technology transfer program. § 40908. Continuation of certain education pro- SUBCHAPTER III—FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES grams 50131. Requirement to procure commercial space From amounts appropriated to the Adminis- transportation services. tration for education programs, the Adminis- 50132. Acquisition of commercial space transpor- trator shall ensure the continuation of the tation services. Space Grant Program, the Experimental Pro- [50133. Repealed.] gram to Stimulate Competitive Research, and, 50134. Use of excess intercontinental ballistic mis- consistent with the results of the review under siles. section 614 of the National Aeronautics and AMENDMENTS Space Administration Authorization Act of 2005 2017—Pub. L. 115–10, title IV, § 416(c), Mar. 21, 2017, 131 (Public Law 109–155, 119 Stat. 2933), the Adminis- Stat. 35, struck out item 50133 ‘‘Shuttle privatization’’. tration Explorer School program, to motivate and develop the next generation of explorers. SUBCHAPTER I—GENERAL (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) § 50101. Definitions

HISTORICAL AND REVISION NOTES In this chapter: (1) COMMERCIAL PROVIDER.—The term ‘‘com- Revised Section Source (U.S. Code) Source (Statutes at Large) mercial provider’’ means any person providing space transportation services or other space- 40908 ...... 42 U.S.C. 16797. Pub. L. 109–155, title VI, § 618, Dec. 30, 2005, 119 related activities, primary control of which is Stat. 2934. held by persons other than Federal, State, local, and foreign governments. REFERENCES IN TEXT (2) PAYLOAD.—The term ‘‘payload’’ means Section 614 of the National Aeronautics and Space anything that a person undertakes to trans- Administration Authorization Act of 2005, referred to port to, from, or within outer space, or in sub- in text, was classified to former section 16793 of Title orbital trajectory, by means of a space trans- 42, The Public Health and Welfare, and was omitted portation vehicle, but does not include the from the Code following the enactment of this title by space transportation vehicle itself except for Pub. L. 111–314. its components which are specifically designed § 40909. Compliance with title IX of Education or adapted for that payload. Amendments of 1972 (3) SPACE-RELATED ACTIVITIES.—The term ‘‘space-related activities’’ includes research To comply with title IX of the Education and development, manufacturing, processing, Amendments of 1972 (20 U.S.C. 1681 et seq.), the service, and other associated and support ac- Administrator shall conduct compliance reviews tivities. of at least 2 grantees annually. (4) SPACE TRANSPORTATION SERVICES.—The (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) term ‘‘space transportation services’’ means Page 77 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50101

the preparation of a space transportation vehi- The definition of ‘‘Administrator’’ in section 2 of the cle and its payloads for transportation to, Commercial Space Act of 1998 (Public Law 105–303, 112 from, or within outer space, or in suborbital Stat. 2843) is omitted as unnecessary because of the def- trajectory, and the conduct of transporting a inition added by section 10101 of title 51. payload to, from, or within outer space, or in SPACE POLICY DIRECTIVE–2. STREAMLINING REGULATIONS suborbital trajectory. ON COMMERCIAL USE OF SPACE (5) SPACE TRANSPORTATION VEHICLE.—The Space Policy Directive–2, May 24, 2018, 83 F.R. 24901, term ‘‘space transportation vehicle’’ means provided: any vehicle constructed for the purpose of op- Memorandum for the Vice President[,] the Secretary erating in, or transporting a payload to, from, of State[,] the Secretary of Defense[,] the Secretary of or within, outer space, or in suborbital trajec- Commerce[,] the Secretary of Transportation[,] the tory, and includes any component of such ve- Secretary of Homeland Security[,] the Secretary of Labor[,] the Director of National Intelligence[,] the Di- hicle not specifically designed or adapted for a rector of the Office of Management and Budget[,] the payload. Assistant to the President for National Security (6) STATE.—The term ‘‘State’’ means each of Affairs[,] the Administrator of the National Aero- the several States of the Union, the District of nautics and Space Administration[,] the Director of the Columbia, the Commonwealth of Puerto Rico, Office of Science and Technology Policy[,] the Assist- the Virgin Islands, Guam, American Samoa, ant to the President for Homeland Security and the Commonwealth of the Northern Mariana Counterterrorism[, and] the Chairman of the Joint Islands, and any other commonwealth, terri- Chiefs of Staff SECTION 1. Policy. It is the policy of the executive tory, or possession of the United States. branch to be prudent and responsible when spending (7) UNITED STATES COMMERCIAL PROVIDER.— taxpayer funds, and to recognize how government ac- The term ‘‘United States commercial pro- tions, including Federal regulations, affect private re- vider’’ means a commercial provider, orga- sources. It is therefore important that regulations nized under the laws of the United States or of adopted and enforced by the executive branch promote a State, that is— economic growth; minimize uncertainty for taxpayers, (A) more than 50 percent owned by United investors, and private industry; protect national secu- States nationals; or rity, public-safety, and foreign policy interests; and en- (B) a subsidiary of a foreign company and courage American leadership in space commerce. SEC. 2. Launch and Re-entry Licensing. (a) No later the Secretary of Transportation finds that— than February 1, 2019, the Secretary of Transportation (i) such subsidiary has in the past evi- shall review regulations adopted by the Department of denced a substantial commitment to the Transportation that provide for and govern licensing of United States market through— commercial space flight launch and re-entry for con- (I) investments in the United States in sistency with the policy set forth in section 1 of this long-term research, development, and memorandum and shall rescind or revise those regula- manufacturing (including the manufac- tions, or publish for notice and comment proposed rules ture of major components and subassem- rescinding or revising those regulations, as appropriate and consistent with applicable law. blies); and (b) Consistent with the policy set forth in section 1 of (II) significant contributions to em- this memorandum, the Secretary of Transportation ployment in the United States; and shall consider the following: (ii) the country or countries in which (i) requiring a single license for all types of commer- cial space flight launch and re-entry operations; and such foreign company is incorporated or (ii) replacing prescriptive requirements in the com- organized, and, if appropriate, in which it mercial space flight launch and re-entry licensing proc- principally conducts its business, affords ess with performance-based criteria. reciprocal treatment to companies de- (c) In carrying out the review required by subsection scribed in subparagraph (A) comparable to (a) of this section, the Secretary of Transportation that afforded to such foreign company’s shall coordinate with the members of the National subsidiary in the United States, as evi- Space Council. (d) The Secretary of Defense, the Secretary of Trans- denced by— portation, and the Administrator of the National Aero- (I) providing comparable opportunities nautics and Space Administration shall coordinate to for companies described in subparagraph examine all existing U.S. Government requirements, (A) to participate in Government-spon- standards, and policies associated with commercial sored research and development similar space flight launch and re-entry operations from Fed- to that authorized under this chapter; eral launch ranges and, as appropriate and consistent (II) providing no barriers, to companies with applicable law, to minimize those requirements, described in subparagraph (A) with re- except those necessary to protect public safety and na- spect to local investment opportunities, tional security, that would conflict with the efforts of the Secretary of Transportation in implementing the that are not provided to foreign compa- Secretary’s responsibilities under this section. nies in the United States; and SEC. 3. Commercial Remote Sensing. (a) Within 90 days (III) providing adequate and effective of the date of this memorandum [May 24, 2018], the Sec- protection for the intellectual property retary of Commerce shall review the regulations adopt- rights of companies described in sub- ed by the Department of Commerce under Title II of paragraph (A). the Land Remote Sensing Policy Act of 1992 ([now] 51 U.S.C. 60101 et seq.) for consistency with the policy set (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3394.) forth in section 1 of this memorandum and shall re- scind or revise those regulations, or publish for notice HISTORICAL AND REVISION NOTES and comment proposed rules rescinding or revising Revised those regulations, as appropriate and consistent with Section Source (U.S. Code) Source (Statutes at Large) applicable law. (b) In carrying out the review required by subsection 50101 ...... 42 U.S.C. 14701. Pub. L. 105–303, § 2, Oct. 28, (a) of this section, the Secretary of Commerce shall 1998, 112 Stat. 2843. coordinate with the Secretary of State, the Secretary § 50111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 78 of Defense, the Administrator of the National Aero- SUBCHAPTER II—PROMOTION OF nautics and Space Administration, and, as appropriate, COMMERCIAL SPACE OPPORTUNITIES the Chairman of the Federal Communications Commis- sion. § 50111. Commercialization of Space Station (c) Within 120 days of the date of the completion of the review required by subsection (a) of this section, (a) POLICY.—Congress declares that a priority the Secretary of Commerce, in coordination with the goal of constructing the International Space Secretary of State and the Secretary of Defense, shall Station is the economic development of Earth transmit to the Director of the Office of Management orbital space. Congress further declares that and Budget a legislative proposal to encourage expan- free and competitive markets create the most sion of the licensing of commercial remote sensing ac- efficient conditions for promoting economic de- tivities. That proposal shall be consistent with the pol- velopment, and should therefore govern the eco- icy set forth in section 1 of this memorandum. nomic development of Earth orbital space. Con- SEC. 4. Reorganization of the Department of Commerce. (a) To the extent permitted by law, the Secretary of gress further declares that the use of free mar- Commerce shall consolidate in the Office of the Sec- ket principles in operating, servicing, allocating retary of Commerce the responsibilities of the Depart- the use of, and adding capabilities to the Space ment of Commerce with respect to the Department’s Station, and the resulting fullest possible en- regulation of commercial space flight activities. gagement of commercial providers and partici- (b) Within 30 days of the date of this memorandum, pation of commercial users, will reduce Space the Secretary of Commerce shall transmit to the Direc- Station operational costs for all partners and tor of the Office of Management and Budget a legisla- the Federal Government’s share of the United tive proposal to create within the Department of Com- States burden to fund operations. merce an entity with primary responsibility for admin- (b) USE OF UNITED STATES COMMERCIALLY PRO- istering the Department’s regulation of commercial space flight activities. VIDED SERVICES.— (1) IN GENERAL.—In order to stimulate com- SEC. 5. Radio Frequency Spectrum. (a) The Secretary of Commerce, in coordination with the Director of the Of- mercial use of space, help maximize the utility fice of Science and Technology Policy, shall work with and productivity of the International Space the Federal Communications Commission to ensure Station, and enable a commercial means of that Federal Government activities related to radio providing crew transfer and crew rescue serv- frequency spectrum are, to the extent permitted by ices for the International Space Station, the law, consistent with the policy set forth in section 1 of Administration shall— this memorandum. (A) make use of United States commer- (b) Within 120 days of the date of this memorandum, cially provided International Space Station the Secretary of Commerce and the Director of the Of- fice of Science and Technology Policy, in consultation crew transfer and crew rescue services to the with the Chairman of the Federal Communications maximum extent practicable, if those com- Commission, and in coordination with the members of mercial services have demonstrated the ca- the National Space Council, shall provide to the Presi- pability to meet Administration-specified dent, through the Executive Secretary of the National ascent, entry, and International Space Sta- Space Council, a report on improving the global com- tion proximity operations safety require- petitiveness of the United States space sector through ments; radio frequency spectrum policies, regulation, and (B) limit, to the maximum extent prac- United States activities at the International Tele- ticable, the use of the Crew Exploration Ve- communication Union and other multilateral forums. hicle to missions carrying astronauts beyond SEC. 6. Review of Export Licensing Regulations. The Ex- ecutive Secretary of the National Space Council, in co- low Earth orbit once commercial crew trans- ordination with the members of the National Space fer and crew rescue services that meet safety Council, shall: requirements become operational; (a) initiate a review of export licensing regulations (C) facilitate, to the maximum extent affecting commercial space flight activity; practicable, the transfer of Administration- (b) develop recommendations to revise such regula- developed technologies to potential United tions consistent with the policy set forth in section 1 States commercial crew transfer and rescue of this memorandum and with applicable law; and service providers, consistent with United (c) submit such recommendations to the President, through the Vice President, no later than 180 days from States law; and the date of this memorandum. (D) issue a notice of intent, not later than SEC. 7. General Provisions. (a) Nothing in this memo- 180 days after October 15, 2008, to enter into randum shall be construed to impair or otherwise af- a funded, competitively awarded Space Act fect: Agreement with 2 or more commercial enti- (i) the authority granted by law to an executive de- ties for a Phase 1 Commercial Orbital Trans- partment or agency, or the head thereof; or portation Services crewed vehicle dem- (ii) the functions of the Director of the Office of Man- onstration program. agement and Budget relating to budgetary, administra- tive, or legislative proposals. (2) CONGRESSIONAL INTENT.—It is the intent (b) This memorandum shall be implemented consist- of Congress that funding for the program de- ent with applicable law and subject to the availability scribed in paragraph (1)(D) shall not come at of appropriations. the expense of full funding of the amounts au- (c) This memorandum is not intended to, and does thorized under section 101(3)(A) of the Na- not, create any right or benefit, substantive or proce- tional Aeronautics and Space Administration dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or Authorization Act of 2008 (Public Law 110–422, entities, its officers, employees, or agents, or any other 122 Stat. 4783), and for future fiscal years, for person. Orion Crew Exploration Vehicle development, (d) The Secretary of Transportation is authorized and Ares I Crew Launch Vehicle development, or directed to publish this memorandum in the Federal International Space Station cargo delivery. Register. (3) ADDITIONAL TECHNOLOGIES.—The Adminis- DONALD J. TRUMP. tration shall make International Space Sta- Page 79 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50111

tion-compatible docking adaptors and other ent with the research areas defined in, and relevant technologies available to the com- recommendations and schedules under, the mercial crew providers selected to service the current National Academies of Sciences, En- International Space Station. gineering, and Medicine Decadal Survey on (4) CREW TRANSFER AND CREW RESCUE SERV- Biological and Physical Sciences in Space; ICES CONTRACT.—If a commercial provider dem- (G) any necessary contributions that ISS onstrates the capability to provide Inter- extension would make to enabling execution national Space Station crew transfer and crew of the human exploration roadmap under rescue services and to satisfy Administration section 432 of the National Aeronautics and ascent, entry, and International Space Station Space Administration Transition Authoriza- proximity operations safety requirements, the tion Act of 2017; Administration shall enter into an Inter- (H) the cost estimates for operating the national Space Station crew transfer and crew ISS to achieve the criteria required under rescue services contract with that commercial subparagraphs (D) and (E) and the contribu- provider for a portion of the Administration’s tions identified under subparagraph (G); anticipated International Space Station crew (I) the cost estimates for extending oper- transfer and crew rescue requirements from ations of the ISS to 2024, 2028, and 2030; the time the commercial provider commences (J) an evaluation of the feasible and pre- operations under contract with the Adminis- ferred service life of the ISS beyond the pe- tration through calendar year 2016, with an op- riod described in section 503 of the National tion to extend the period of performance Aeronautics and Space Administration Au- through calendar year 2020. thorization Act of 2010 (42 U.S.C. 18353), (c) ISS TRANSITION PLAN.— through at least 2028, as a unique scientific, (1) IN GENERAL.—The Administrator, in co- commercial, and space exploration-related ordination with the ISS management entity facility, including— (as defined in section 2 of the National Aero- (i) a general discussion of international nautics and Space Administration Transition partner capabilities and prospects for ex- Authorization Act of 2017), ISS partners, the tending the partnership; scientific user community, and the commer- (ii) the cost associated with extending cial space sector, shall develop a plan to tran- the service life; sition in a step-wise approach from the cur- (iii) an assessment on the technical lim- rent regime that relies heavily on NASA spon- iting factors of the service life of the ISS, sorship to a regime where NASA could be one including a list of critical components and of many customers of a low-Earth orbit non- their expected service life and availability; governmental human space flight enterprise. and (2) REPORTS.—Not later than December 1, (iv) such other information as may be 2017, and biennially thereafter until 2023, the necessary to fully describe the justifica- Administrator shall submit to the Committee tion for and feasibility of extending the on Commerce, Science, and Transportation of service life of the ISS, including the poten- the Senate and the Committee on Science, tial scientific or technological benefits to Space, and Technology of the House of Rep- the Federal Government, public, or to aca- resentatives a report that includes— (A) a description of the progress in achiev- demic or commercial entities; ing the Administration’s deep space human (K) an identification of the necessary ac- exploration objectives on ISS and prospects tions and an estimate of the costs to deorbit for accomplishing future mission require- the ISS once it has reached the end of its ments, space exploration objectives, and service life; other research objectives on future commer- (L) the impact on deep space exploration cially supplied low-Earth orbit platforms or capabilities, including a crewed mission to migration of those objectives to cis-lunar Mars in the 2030s, if the preferred service life space; of the ISS is extended beyond 2024 and NASA (B) the steps NASA is taking and will maintains a flat budget profile; and take, including demonstrations that could (M) an evaluation of the functions, roles, be conducted on the ISS, to stimulate and and responsibilities for management and op- facilitate commercial demand and supply of eration of the ISS and a determination of— products and services in low-Earth orbit; (i) those functions, roles, and respon- (C) an identification of barriers preventing sibilities the Federal Government should the commercialization of low-Earth orbit, retain during the lifecycle of the ISS; including issues relating to policy, regula- (ii) those functions, roles, and respon- tions, commercial intellectual property, sibilities that could be transferred to the data, and confidentiality, that could inhibit commercial space sector; the use of the ISS as a commercial incuba- (iii) the metrics that would indicate the tor; commercial space sector’s readiness and (D) the criteria for defining the ISS as a ability to assume the functions, roles, and research success; responsibilities described in clause (ii); and (E) the criteria used to determine whether (iv) any necessary changes to any agree- the ISS is meeting the objective under sec- ments or other documents and the law to tion 301(b)(2) of the National Aeronautics enable the activities described in subpara- and Space Administration Transition Au- graphs (A) and (B). thorization Act of 2017; (F) an assessment of whether the criteria (3) DEMONSTRATIONS.—If additional Govern- under subparagraphs (D) and (E) are consist- ment crew, power, and transportation re- § 50111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 80

sources are available after meeting the Ad- sential to ensuring the greatest return on invest- ministration’s requirements for ISS activities ments made by the United States and its inter- defined in the human exploration roadmap and national space partners in the development, assem- bly, and operations of that unique facility; related research, demonstrations identified ‘‘(4) utilization of the ISS will sustain United under paragraph (2) may— States leadership and progress in human space explo- (A) test the capabilities needed to meet fu- ration by— ture mission requirements, space explo- ‘‘(A) facilitating the commercialization and eco- ration objectives, and other research objec- nomic development of low-Earth orbit; tives described in paragraph (2)(A); and ‘‘(B) serving as a testbed for technologies and a (B) demonstrate or test capabilities, in- platform for scientific research and development; and cluding commercial modules or deep space ‘‘(C) serving as an orbital facility enabling re- habitats, Environmental Control and Life search upon— Support Systems, orbital satellite assembly, ‘‘(i) the health, well-being, and performance of exploration space suits, a node that enables humans in space; and a wide variety of activity, including mul- ‘‘(ii) the development of in-space systems enabl- tiple commercial modules and airlocks, ad- ing human space exploration beyond low-Earth ditional docking or berthing ports for com- orbit; and ‘‘(5) the ISS provides a platform for fundamental, mercial crew and cargo, opportunities for microgravity, discovery-based space life and physical the commercial space sector to cost share sciences research that is critical for enabling space for transportation and other services on the exploration, protecting humans in space, increasing ISS, other commercial activities, or services pathways for commercial space development that de- obtained through alternate acquisition ap- pend on advances in basic research, and contributes proaches. to advancing science, technology, engineering, and mathematics research. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3396; ‘‘(b) OBJECTIVES.—The primary objectives of the ISS Pub. L. 115–10, title III, § 303(c), Mar. 21, 2017, 131 program shall be— Stat. 27.) ‘‘(1) to achieve the long term goal and objectives under section 202 of the National Aeronautics and HISTORICAL AND REVISION NOTES Space Administration Authorization Act of 2010 (42 U.S.C. 18312); and Revised Source (U.S. Code) Source (Statutes at Large) ‘‘(2) to pursue a research program that advances Section knowledge and provides other benefits to the Nation. 50111(a) ...... 42 U.S.C. 14711(a). Pub. L. 105–303, title I, ‘‘(c) CONTINUATION OF THE ISS.—[Amended section § 101(a), Oct. 28, 1998, 112 18351 of Title 42, The Public Health and Welfare.] Stat. 2845. 50111(b) ...... 42 U.S.C. 17801. Pub. L. 110–422, title IX, ‘‘SEC. 302. TRANSPORTATION TO ISS. § 902, Oct. 15, 2008, 122 ‘‘(a) FINDINGS.—Congress finds that reliance on for- Stat. 4805. eign carriers for United States crew transfer is unac- ceptable, and the Nation’s human space flight program In subsection (b)(1)(D), the date ‘‘October 15, 2008’’ is must acquire the capability to launch United States substituted for ‘‘the date of enactment of this Act’’ to government astronauts on vehicles using United States reflect the date of enactment of the National Aero- rockets from United States soil as soon as is safe, reli- nautics and Space Administration Authorization Act of able, and affordable to do so. 2008 (Public Law 110–422, 122 Stat. 4779). ‘‘(b) SENSE OF CONGRESS ON COMMERCIAL CREW PRO- REFERENCES IN TEXT GRAM AND COMMERCIAL RESUPPLY SERVICES PROGRAM.— It is the sense of Congress that— Section 101(3)(A) of the National Aeronautics and ‘‘(1) once developed and certified to meet the Ad- Space Administration Authorization Act of 2008, re- ministration’s safety and reliability requirements, ferred to in subsec. (b)(2), is section 101(3)(A) of Pub. L. United States commercially provided crew transpor- 110–422, Oct. 15, 2008, 122 Stat. 4783, which was not clas- tation systems can serve as the primary means of sified to the Code. transporting United States government astronauts The National Aeronautics and Space Administration and international partner astronauts to and from the Transition Authorization Act of 2017, referred to in sub- ISS and serving as ISS crew rescue vehicles; sec. (c)(1), (2)(E), (G), is Pub. L. 115–10, Mar. 21, 2017, 131 ‘‘(2) previous budgetary assumptions used by the Stat. 18. Section 2 of the Act is set out as a note under Administration in its planning for the Commercial section 10101 of this title, section 301(b)(2) of the Act is Crew Program assumed significantly higher funding set out in a note under this section, and section 432 of levels than were authorized and appropriated by Con- the Act is set out in a note under section 20302 of this gress; title. ‘‘(3) credibility in the Administration’s budgetary estimates for the Commercial Crew Program can be AMENDMENTS enhanced by an independently developed cost esti- 2017—Subsec. (c). Pub. L. 115–10 added subsec. (c). mate; ‘‘(4) such credibility in budgetary estimates is an MAXIMIZING UTILIZATION OF ISS important factor in understanding program risk; Pub. L. 115–10, title III, §§ 301–303, Mar. 21, 2017, 131 ‘‘(5) United States access to low-Earth orbit is para- Stat. 22–26, provided that: mount to the continued success of the ISS and ISS National Laboratory; ‘‘SEC. 301. OPERATION OF THE ISS. ‘‘(6) a stable and successful Commercial Resupply ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress Services Program and Commercial Crew Program are that— critical to ensuring timely provisioning of the ISS ‘‘(1) after 15 years of continuous human presence in and to reestablishing the capability to launch United low-Earth orbit, the ISS continues to overcome chal- States government astronauts from United States lenges and operate safely; soil into orbit, ending reliance upon Russian trans- ‘‘(2) the ISS is a unique testbed for future space ex- port of United States government astronauts to the ploration systems development, including long-dura- ISS which has not been possible since the retirement tion space travel; of the Space Shuttle program in 2011; ‘‘(3) the expansion of partnerships, scientific re- ‘‘(7) NASA should build upon the success of the search, and commercial applications of the ISS is es- Commercial Orbital Transportation Services Pro- Page 81 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50112

gram and Commercial Resupply Services Program under section 201(a) of the National Aeronautics and that have allowed private sector companies to part- Space Administration Authorization Act of 2010 (42 ner with NASA to deliver cargo and scientific experi- U.S.C. 18311(a)). ments to the ISS since 2012; ‘‘(h) TRANSPARENCY.— ‘‘(8) the 21st Century Launch Complex Program has ‘‘(1) SENSE OF CONGRESS.—It is the sense of Congress enabled significant modernization and infrastructure that cost transparency and schedule transparency aid improvements at launch sites across the United in effective program management and risk assess- States to support NASA’s Commercial Resupply ment. Services Program and other civil and commercial ‘‘(2) IN GENERAL.—The Administrator shall, to the space flight missions; and greatest extent practicable and in a manner that does ‘‘(9) the 21st Century Launch Complex Program not add costs or schedule delays to the program, en- should be continued in a manner that leverages State sure all Commercial Crew Program and Commercial and private investments to achieve the goals of that Resupply Services Program providers provide evi- program. dence-based support for their costs and schedules. ‘‘(i) ISS CARGO RESUPPLY SERVICES LESSONS ‘‘(c) REAFFIRMATION.—Congress reaffirms— ‘‘(1) its commitment to the use of a commercially LEARNED.—Not later than 120 days after the date of en- developed, private sector launch and delivery system actment of this Act [Mar. 21, 2017], the Administrator to the ISS for crew missions as expressed in the Na- shall submit to the appropriate committees of Congress tional Aeronautics and Space Administration Au- a report that— ‘‘(1) identifies the lessons learned to date from pre- thorization Act of 2005 (Public Law 109–155; 119 Stat. vious and existing Commercial Resupply Services 2895) [see Tables for classification], the National contracts; Aeronautics and Space Administration Authorization ‘‘(2) indicates whether changes are needed to the Act of 2008 (Public Law 110–422; 122 Stat. 4779) [see manner in which the Administration procures and Tables for classification], and the National Aero- manages similar services prior to the issuance of fu- nautics and Space Administration Authorization Act ture Commercial Resupply Services procurement op- of 2010 (42 U.S.C. 18301 et seq.); and portunities; and ‘‘(2) the requirement under section 50111(b)(1)(A) of ‘‘(3) identifies any lessons learned from the Com- title 51, United States Code, that the Administration mercial Resupply Services contracts that should be shall make use of United States commercially pro- applied to the procurement and management of com- vided ISS crew transfer and crew rescue services to mercially provided crew transfer services to and from the maximum extent practicable. the ISS or to other future procurements. ‘‘(d) USE OF NON-UNITED STATES HUMAN SPACE FLIGHT ‘‘SEC. 303. ISS TRANSITION PLAN. TRANSPORTATION CAPABILITIES.—[Amended section 18311 ‘‘(a) FINDINGS.—Congress finds that— of Title 42.] ‘‘(1) NASA has been both the primary supplier and ‘‘(e) COMMERCIAL CREW PROGRAM.— consumer of human space flight capabilities and serv- ‘‘(1) OBJECTIVE.—The objective of the Commercial ices of the ISS and in low-Earth orbit; and Crew Program shall be to assist in the development ‘‘(2) according to the National Research Council re- and certification of commercially provided transpor- port ‘Pathways to Exploration: Rationales and Ap- tation that— proaches for a U.S. Program of Human Space Explo- ‘‘(A) can carry United States government astro- ration’ extending ISS beyond 2020 to 2024 or 2028 will nauts safely, reliably, and affordably to and from have significant negative impacts on the schedule of the ISS; crewed missions to Mars, without significant in- ‘‘(B) can serve as a crew rescue vehicle; and creases in funding. ‘‘(C) can accomplish subparagraphs (A) and (B) as ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress soon as practicable. that— ‘‘(2) PRIMARY CONSIDERATION.—The objective de- ‘‘(1) an orderly transition for United States human scribed in paragraph (1) shall be the primary consid- space flight activities in low-Earth orbit from the eration in the acquisition strategy for the Commer- current regime, that relies heavily on NASA sponsor- cial Crew Program. ship, to a regime where NASA is one of many cus- ‘‘(3) SAFETY.— tomers of a low-Earth orbit commercial human space ‘‘(A) IN GENERAL.—The Administrator shall pro- flight enterprise may be necessary; and tect the safety of government astronauts by ensur- ‘‘(2) decisions about the long-term future of the ISS ing that each commercially provided transpor- impact the ability to conduct future deep space ex- tation system under this subsection meets all appli- ploration activities, and that such decisions regard- cable human rating requirements in accordance ing the ISS should be considered in the context of the with section 403(b)(1) of the National Aeronautics human exploration roadmap under section 432 of this and Space Administration Authorization Act of 2010 Act [set out in a note under section 20302 of this (42 U.S.C. 18342(b)(1)). title]. ‘‘(B) LESSONS LEARNED.—Consistent with the find- ‘‘(c) REPORTS.—[Amended this section.]’’ ings and recommendations of the Columbia Acci- [For definitions of terms used in sections 301 to 303 of dent Investigation Board, the Administration shall Pub. L. 115–10, set out above, see section 2 of Pub. L. ensure that safety and the minimization of the 115–10, set out as a note under section 10101 of this probability of loss of crew are the critical priorities title.] of the Commercial Crew Program. ‘‘(4) COST MINIMIZATION.—The Administrator shall § 50112. Promotion of United States Global Posi- strive through the competitive selection process to tioning System standards minimize the life cycle cost to the Administration through the planned period of commercially provided In order to support and sustain the Global Po- crew transportation services. sitioning System in a manner that will most ef- ‘‘(f) COMMERCIAL CARGO PROGRAM.—[Amended section fectively contribute to the national security, 18341 of Title 42.] public safety, scientific, and economic interests ‘‘(g) COMPETITION.—It is the policy of the United of the United States, Congress encourages the States that, to foster the competitive development, op- President to— eration, improvement, and commercial availability of (1) ensure the operation of the Global Posi- space transportation services, and to minimize the life cycle cost to the Administration, the Administrator tioning System on a continuous worldwide shall procure services for Federal Government access basis free of direct user fees; to and return from the ISS, whenever practicable, via (2) enter into international agreements that fair and open competition for well-defined, milestone- promote cooperation with foreign govern- based, Federal Acquisition Regulation-based contracts ments and international organizations to— § 50113 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 82

(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 Pub. L. 115–232, div. A, title VIII, § 836(g)(10)(A), (3) provide clear direction and adequate re- Aug. 13, 2018, 132 Stat. 1874.) sources to the Assistant Secretary of Com- AMENDMENT OF SUBSECTION (c) merce for Communications and Information so that on an international basis the Assistant Pub. L. 115–232, div. A, title VIII, Secretary can— § 836(g)(10)(A), (h), Aug. 13, 2018, 132 Stat. 1874, (A) achieve and sustain efficient manage- provided that, effective Jan. 1, 2020, subject to a ment of the electromagnetic spectrum used savings provision, subsection (c) of this section by the Global Positioning System; and is amended as follows: (B) protect that spectrum from disruption (1) in heading, by striking ‘‘Commercial Item’’ and interference. and inserting ‘‘Commercial Product or Commer- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3397.) cial Service’’; and (2) by striking ‘‘commercial item’’ in the sec- HISTORICAL AND REVISION NOTES ond sentence and inserting ‘‘commercial product or commercial service’’. Revised Section Source (U.S. Code) Source (Statutes at Large) See 2018 Amendment note below.

50112 ...... 42 U.S.C. 14712(b). Pub. L. 105–303, title I, HISTORICAL AND REVISION NOTES § 104(b), Oct. 28, 1998, 112 Stat. 2852. Revised Section Source (U.S. Code) Source (Statutes at Large) FINDING 50113 ...... 42 U.S.C. 14713. Pub. L. 105–303, title I, § 105, Pub. L. 105–303, title I, § 104(a), Oct. 28, 1998, 112 Stat. Oct. 28, 1998, 112 Stat. 2852. 2852, provided that: ‘‘The Congress finds that the Global Positioning System, including satellites, signal equip- AMENDMENTS ment, ground stations, data links, and associated com- mand and control facilities, has become an essential 2018—Subsec. (c). Pub. L. 115–232 substituted ‘‘Com- element in civil, scientific, and military space develop- mercial Product or Commercial Service’’ for ‘‘Commer- ment because of the emergence of a United States com- cial Item’’, in heading and ‘‘commercial product or mercial industry which provides Global Positioning commercial service’’ for ‘‘commercial item’’ in text. System equipment and related services.’’ EFFECTIVE DATE OF 2018 AMENDMENT § 50113. Acquisition of space science data Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. (a) DEFINITION OF SPACE SCIENCE DATA.—In L. 115–232, set out as an Effective Date of 2018 Amend- this section, the term ‘‘space science data’’ in- ment; Savings Provision note under section 453b of cludes scientific data concerning— Title 6, Domestic Security. (1) the elemental and mineralogical re- sources of the moon, asteroids, planets and § 50114. Administration of commercial space cen- their moons, and comets; ters (2) microgravity acceleration; and The Administrator shall administer the Com- (3) solar storm monitoring. mercial Space Center program in a coordinated (b) ACQUISITION FROM COMMERCIAL PROVID- manner from Administration headquarters in ERS.—The Administrator shall, to the extent Washington, D.C. possible and while satisfying the scientific or (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3398.) educational requirements of the Administration, and where appropriate, of other Federal agencies HISTORICAL AND REVISION NOTES and scientific researchers, acquire, where cost Revised effective, space science data from a commercial Section Source (U.S. Code) Source (Statutes at Large) provider. 50114 ...... 42 U.S.C. 14714. Pub. L. 105–303, title I, § 106, (c) TREATMENT OF SPACE SCIENCE DATA AS Oct. 28, 1998, 112 Stat. 2853. COMMERCIAL ITEM UNDER ACQUISITION LAWS.— Acquisitions of space science data by the Ad- § 50115. Sources of Earth science data ministrator shall be carried out in accordance with applicable acquisition laws and regulations (a) ACQUISITION.—The Administrator shall, to (including chapters 137 and 140 of title 10). For the extent possible and while satisfying the sci- purposes of such law and regulations, space entific or educational requirements of the Ad- science data shall be considered to be a commer- ministration, and where appropriate, of other cial item. Nothing in this subsection shall be Federal agencies and scientific researchers, ac- construed to preclude the United States from quire, where cost-effective, space-based and air- acquiring, through contracts with commercial borne Earth remote sensing data, services, dis- providers, sufficient rights in data to meet the tribution, and applications from a commercial needs of the scientific and educational commu- provider. nity or the needs of other government activities. (b) TREATMENT AS COMMERCIAL ITEM UNDER (d) SAFETY STANDARDS.—Nothing in this sec- ACQUISITION LAWS.—Acquisitions by the Admin- tion shall be construed to prohibit the Federal istrator of the data, services, distribution, and Government from requiring compliance with ap- applications referred to in subsection (a) shall plicable safety standards. be carried out in accordance with applicable ac- Page 83 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50131 quisition laws and regulations (including chap- This program shall be maintained in a manner ters 137 and 140 of title 10). For purposes of such that provides clear benefits for the Administra- law and regulations, such data, services, dis- tion, the domestic economy, and the research tribution, and applications shall be considered community, while protecting national security. to be a commercial item. Nothing in this sub- (b) PROGRAM STRUCTURE.—In carrying out the section shall be construed to preclude the program described in subsection (a), the Admin- United States from acquiring, through contracts istrator shall provide program participants with with commercial providers, sufficient rights in at least 45 days notice of any proposed changes data to meet the needs of the scientific and edu- to the structure of the Administration’s tech- cational community or the needs of other gov- nology transfer and commercialization organiza- ernment activities. tions that is in effect as of December 30, 2005. (c) SAFETY STANDARDS.—Nothing in this sec- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3399; tion shall be construed to prohibit the Federal Pub. L. 115–10, title VIII, § 829, Mar. 21, 2017, 131 Government from requiring compliance with ap- Stat. 66.) plicable safety standards. (d) ADMINISTRATION AND EXECUTION.—This sec- HISTORICAL AND REVISION NOTES tion shall be carried out as part of the Commer- Revised cial Remote Sensing Program at the Stennis Section Source (U.S. Code) Source (Statutes at Large) Space Center. 50116 ...... 42 U.S.C. 16811. Pub. L. 109–155, title VI, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3398; § 621, Dec. 30, 2005, 119 Stat. 2935. Pub. L. 115–232, div. A, title VIII, § 836(g)(10)(B), Aug. 13, 2018, 132 Stat. 1874.) This section restates provisions originally enacted as part of the National Aeronautics and Space Adminis- AMENDMENT OF SUBSECTION (b) tration Authorization Act of 2005 (Public Law 109–155, Pub. L. 115–232, div. A, title VIII, 119 Stat. 2895), and not as part of the Commercial Space § 836(g)(10)(B), (h), Aug. 13, 2018, 132 Stat. 1874, Act of 1998 (Public Law 105–303, 112 Stat. 2843), which is provided that, effective Jan. 1, 2020, subject to a generally restated in this chapter. savings provision, subsection (b) of this section In subsection (a), in the last sentence, the word ‘‘Ad- is amended as follows: ministration’’ is substituted for ‘‘agency’’ for clarity and because of the definition of ‘‘Administration’’ (1) in heading, by striking ‘‘Commercial Item’’ added by section 10101 of title 51. and inserting ‘‘Commercial Product or Commer- In subsection (b), the date ‘‘December 30, 2005’’ is sub- cial Service’’; and stituted for ‘‘the date of enactment of this Act’’ to re- (2) by striking ‘‘commercial item’’ in the sec- flect the date of enactment of the National Aeronautics ond sentence and inserting ‘‘commercial product and Space Administration Authorization Act of 2005 or commercial service’’. (Public Law 109–155, 119 Stat. 2895). See 2018 Amendment note below. AMENDMENTS 2017—Subsec. (a). Pub. L. 115–10 inserted ‘‘, while pro- HISTORICAL AND REVISION NOTES tecting national security’’ after ‘‘research commu- Revised nity’’. Section Source (U.S. Code) Source (Statutes at Large) SUBCHAPTER III—FEDERAL ACQUISITION 50115(a) ...... 42 U.S.C. 14715(a). Pub. L. 105–303, title I, § 107(a), (b), (d), (e), Oct. OF SPACE TRANSPORTATION SERVICES 28, 1998, 112 Stat. 2853, 2854. § 50131. Requirement to procure commercial 50115(b) ...... 42 U.S.C. 14715(b). space transportation services 50115(c) ...... 42 U.S.C. 14715(d). 50115(d) ...... 42 U.S.C. 14715(e). (a) IN GENERAL.—Except as otherwise provided in this section or in section 70102, the Federal AMENDMENTS Government shall acquire space transportation 2018—Subsec. (b). Pub. L. 115–232, in heading, sub- services from United States commercial provid- stituted ‘‘Commercial Product or Commercial Service’’ ers whenever such services are required in the for ‘‘Commercial Item’’ and, in text, substituted ‘‘com- mercial product or commercial service’’ for ‘‘commer- course of its activities. To the maximum extent cial item’’. practicable, the Federal Government shall plan missions to accommodate the space transpor- EFFECTIVE DATE OF 2018 AMENDMENT tation services capabilities of United States Amendment by Pub. L. 115–232 effective Jan. 1, 2020, commercial providers. subject to a savings provision, see section 836(h) of Pub. (b) EXCEPTIONS.—The Federal Government L. 115–232, set out as an Effective Date of 2018 Amend- shall not be required to acquire space transpor- ment; Savings Provision note under section 453b of tation services under subsection (a) if, on a case- Title 6, Domestic Security. by-case basis, the Administrator or, in the case § 50116. Commercial technology transfer program of a national security issue, the Secretary of the Air Force, determines that— (a) IN GENERAL.—The Administrator shall exe- (1) a payload requires the unique capabilities cute a commercial technology transfer program of the space shuttle; with the goal of facilitating the exchange of (2) cost effective space transportation serv- services, products, and intellectual property be- ices that meet specific mission requirements tween the Administration and the private sec- would not be reasonably available from United tor. This program shall place at least as much States commercial providers when required; emphasis on encouraging the transfer of Admin- (3) the use of space transportation services istration technology to the private sector from United States commercial providers (‘‘spinning out’’) as on encouraging use of pri- poses an unacceptable risk of loss of a unique vate sector technology by the Administration. scientific opportunity; § 50132 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 84

(4) the use of space transportation services ‘‘(2) The Commercial Crew Program is responsible from United States commercial providers is for the acquisition, management, and technical over- inconsistent with national security objectives; sight of commercial crew transportation systems. (5) the use of space transportation services ‘‘(3) The Launch Services Program and Commercial Crew Program have worked together to gain excep- from United States commercial providers is tional technical insight into the contracted launch inconsistent with international agreements service providers that are common to both programs. for international collaborative efforts relating ‘‘(4) The Launch Services Program has a long his- to science and technology; tory of oversight of 12 different launch vehicles and (6) it is more cost effective to transport a over 80 launches. payload in conjunction with a test or dem- ‘‘(5) Co-location of the Launch Services Program onstration of a space transportation vehicle and Commercial Crew Program has enabled the Com- mercial Crew Program to efficiently obtain the owned by the Federal Government; or launch vehicle technical expertise of and provide en- (7) a payload can make use of the available gineering and analytical support to the Commercial cargo space on a space shuttle mission as a Crew Program. secondary payload, and such payload is con- ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress sistent with the requirements of research, de- that— velopment, demonstration, scientific, com- ‘‘(1) the Launch Services Program and Commercial mercial, and educational programs authorized Crew Program each benefit from communication and coordination of launch manifests, technical informa- by the Administrator. tion, and common launch vehicle insight between the (c) AGREEMENTS WITH FOREIGN ENTITIES.— programs; and Nothing in this section shall prevent the Admin- ‘‘(2) such communication and coordination is en- abled by the co-location of the programs. istrator from planning or negotiating agree- ‘‘(c) IN GENERAL.—The Administrator [of the National ments with foreign entities for the launch of Aeronautics and Space Administration] shall pursue a Federal Government payloads for international strategy for acquisition of crewed transportation serv- collaborative efforts relating to science and ices and non-crewed launch services that continues to technology. enhance communication, collaboration, and coordina- (d) DELAYED EFFECT.—Subsection (a) shall not tion between the Launch Services Program and the apply to space transportation services and space Commercial Crew Program.’’ transportation vehicles acquired or owned by LEVERAGING COMMERCIAL SATELLITE SERVICING the Federal Government before October 28, 1998, CAPABILITIES ACROSS MISSION DIRECTORATES or with respect to which a contract for such ac- Pub. L. 115–10, title VIII, § 825, Mar. 21, 2017, 131 Stat. quisition or ownership has been entered into be- 65, provided that: fore October 28, 1998. ‘‘(a) FINDINGS.—Congress makes the following find- (e) HISTORICAL PURPOSES.—This section shall ings: not be construed to prohibit the Federal Govern- ‘‘(1) Refueling and relocating aging satellites to ex- ment from acquiring, owning, or maintaining tend their operational lifetimes is a capacity that NASA [National Aeronautics and Space Administra- space transportation vehicles solely for histori- tion] will substantially benefit from and is important cal display purposes. for lowering the costs of ongoing scientific, national (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3399; security, and commercial satellite operations. Pub. L. 114–90, title I, § 117(b)(3), Nov. 25, 2015, 129 ‘‘(2) The technologies involved in satellite servic- ing, such as dexterous robotic arms, propellant trans- Stat. 718.) fer systems, and solar electric propulsion, are all HISTORICAL AND REVISION NOTES critical capabilities to support a human exploration mission to Mars. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress Revised Source (U.S. Code) Source (Statutes at Large) Section that— ‘‘(1) satellite servicing is a vital capability that will 50131(a) ...... 42 U.S.C. 14731(a). Pub. L. 105–303, title II, § 201, Oct. 28, 1998, 112 Stat. 2854. bolster the capacity and affordability of NASA’s on- 50131(b) ...... 42 U.S.C. 14731(b) going scientific and human exploration operations (less last sen- while simultaneously enhancing the ability of domes- tence). 50131(c) ...... 42 U.S.C. 14731(b) tic companies to compete in the global marketplace; (last sentence). and 50131(d) ...... 42 U.S.C. 14731(c). ‘‘(2) future NASA satellites and spacecraft across 50131(e) ...... 42 U.S.C. 14731(d). mission directorates should be constructed in a man- ner that allows for servicing in order to maximize In subsection (d), the date ‘‘October 28, 1998’’ is sub- operational longevity and affordability. stituted for ‘‘the date of the enactment of this Act’’ ‘‘(c) LEVERAGING OF CAPABILITIES.—The Adminis- and for ‘‘such date’’ to reflect the date of enactment of trator [of the National Aeronautics and Space Adminis- the Commercial Space Act of 1998 (Public Law 105–303, tration] shall— 112 Stat. 2843). ‘‘(1) identify orbital assets in both the Science Mis- AMENDMENTS sion Directorate and the Human Exploration and Op- erations Mission Directorate that could benefit from 2015—Subsec. (a). Pub. L. 114–90 inserted ‘‘or in sec- satellite servicing-related technologies; and tion 70102’’ after ‘‘in this section’’. ‘‘(2) work across all NASA mission directorates to NASA LAUNCH CAPABILITIES COLLABORATION evaluate opportunities for the private sector to per- form such services or advance technical capabilities Pub. L. 115–10, title VIII, § 822, Mar. 21, 2017, 131 Stat. by leveraging the technologies and techniques devel- 61, provided that: oped by NASA programs and other industry pro- ‘‘(a) FINDINGS.—Congress makes the following find- grams.’’ ings: ‘‘(1) The Launch Services Program is responsible § 50132. Acquisition of commercial space trans- for the acquisition, management, and technical over- portation services sight of commercial launch services for NASA’s [Na- tional Aeronautics and Space Administration’s] (a) TREATMENT OF COMMERCIAL SPACE TRANS- science and robotic missions. PORTATION SERVICES AS COMMERCIAL ITEM UNDER Page 85 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50301

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; (B) meets all mission requirements of the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400; agency, including performance, schedule, Pub. L. 115–232, div. A, title VIII, § 836(g)(10)(C), and risk requirements; Aug. 13, 2018, 132 Stat. 1874.) (C) is consistent with international obliga- tions of the United States; and AMENDMENT OF SUBSECTION (a) (D) is approved by the Secretary of De- Pub. L. 115–232, div. A, title VIII, fense or the designee of the Secretary of De- § 836(g)(10)(C), (h), Aug. 13, 2018, 132 Stat. 1874, fense. provided that, effective Jan. 1, 2020, subject to a (2) EXCEPTION TO REQUIREMENT THAT CERTIFI- savings provision, subsection (a) of this section CATION BE TRANSMITTED 30 DAYS BEFORE CON- is amended as follows: VERSION.—The requirement under paragraph (1) in heading, by striking ‘‘Commercial Item’’ (1) that the certification described in that and inserting ‘‘Commercial Service’’; and paragraph must be transmitted at least 30 (2) by striking ‘‘commercial item’’ in the sec- days before conversion of the missile shall not ond sentence and inserting ‘‘commercial serv- apply if the Secretary of Defense determines ice’’. that compliance with that requirement would See 2018 Amendment note below. be inconsistent with meeting immediate na- tional security requirements. HISTORICAL AND REVISION NOTES (c) MISSILES REFERRED TO.—The missiles re- Revised Source (U.S. Code) Source (Statutes at Large) ferred to in this section are missiles owned by Section the United States that— 50132 ...... 42 U.S.C. 14732. Pub. L. 105–303, title II, § 202, (1) were formerly used by the Department of Oct. 28, 1998, 112 Stat. 2855. Defense for national defense purposes as inter- continental ballistic missiles; and AMENDMENTS (2) have been declared excess to United 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘Com- States national defense needs and are in com- mercial Service’’ for ‘‘Commercial Item’’ in heading pliance with international obligations of the and ‘‘commercial service’’ for ‘‘commercial item’’ in United States. text. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3400.) EFFECTIVE DATE OF 2018 AMENDMENT HISTORICAL AND REVISION NOTES Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. Revised Source (U.S. Code) Source (Statutes at Large) L. 115–232, set out as an Effective Date of 2018 Amend- Section ment; Savings Provision note under section 453b of 50134 ...... 42 U.S.C. 14734. Pub. L. 105–303, title II, § 205, Title 6, Domestic Security. Oct. 28, 1998, 112 Stat. 2857; Pub. L. 106–65, div. A, title X, § 1067(21), Oct. 5, 1999, [§ 50133. Repealed. Pub. L. 115–10, title IV, 113 Stat. 775. § 416(c), Mar. 21, 2017, 131 Stat. 35] In subsection (b)(1), in the matter before subpara- Section, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. graph (A), the words ‘‘Committee on Science and Tech- 3400, related to shuttle privatization. nology’’ are substituted for ‘‘Committee on Science’’ on authority of Rule X(1)(o) of the Rules of the House of § 50134. Use of excess intercontinental ballistic Representatives, adopted by House Resolution No. 6 missiles (110th Congress, January 5, 2007).

(a) IN GENERAL.—The Federal Government CHANGE OF NAME shall not— Committee on Science and Technology of House of (1) convert any missile described in sub- Representatives changed to Committee on Science, section (c) to a space transportation vehicle Space, and Technology of House of Representatives by configuration; or House Resolution No. 5, One Hundred Twelfth Congress, (2) transfer ownership of any such missile to Jan. 5, 2011. another person, except as provided in sub- CHAPTER 503—COMMERCIAL REUSABLE IN- section (b). SPACE TRANSPORTATION (b) AUTHORIZED FEDERAL USES.— Sec. (1) IN GENERAL.—A missile described in sub- 50301. Definitions. section (c) may be converted for use as a space 50302. Loan guarantees for production of commer- transportation vehicle by the Federal Govern- cial reusable in-space transportation. ment if, except as provided in paragraph (2) and at least 30 days before such conversion, § 50301. Definitions the agency seeking to use the missile as a In this chapter: § 50302 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 86

(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 systems can enhance and enable the space explo- transportation services or systems, primary ration of the United States by providing lower cost control of which is held by persons other than trajectory injection from earth orbit, transit trajec- the Federal Government, a State or local gov- 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 to deficiencies in their launch represent substantial the direct transportation or attempted trans- economic loss to the United States and present sub- portation of a payload or object from one orbit stantial concerns for the current backlog of national to another by means of an in-space transpor- space assets. tation vehicle. ‘‘(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 mission assurance of national space assets. the space and ground elements, including in- ‘‘(8) Commercial reusable in-space transportation space transportation vehicles and support systems developed by the private sector can provide space systems, and ground administration and in-space transportation services to the National control facilities and associated equipment, Aeronautics and Space Administration, the Depart- necessary for the provision of in-space trans- ment of Defense, the National Reconnaissance Office, portation services. 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 cost of credit risk to the United States paid by the a vehicle designed— private-sector, is an effective means by which the (A) to be based and operated in space; United States can help qualifying private-sector com- (B) to transport various payloads or ob- panies secure otherwise unattainable private financ- jects from one orbit to another orbit; and ing for the production of commercial reusable in- (C) to be reusable and refueled in space. space transportation systems, while at the same time minimizing Government commitment and involve- (5) SECRETARY.—The term ‘‘Secretary’’ ment in the development of such systems.’’ means the Secretary of Defense. (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- (a) AUTHORITY TO MAKE LOAN GUARANTEES.— nized under the laws of the United States that The Secretary may guarantee loans made to eli- is more than 50 percent owned by United gible United States commercial providers for States nationals. purposes of producing commercial reusable in- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3401.) space transportation services or systems. (b) ELIGIBLE UNITED STATES COMMERCIAL PRO- HISTORICAL AND REVISION NOTES VIDERS.—The Secretary shall prescribe require- ments for the eligibility of United States com- Revised Source (U.S. Code) Source (Statutes at Large) Section mercial providers for loan guarantees under this 50301 ...... 42 U.S.C. 14753. Pub. L. 107–248, title IX, section. Such requirements shall ensure that eli- § 904, Oct. 23, 2002, 116 gible providers are financially capable of under- Stat. 1576. taking a loan guaranteed under this section. (c) LIMITATION ON LOANS GUARANTEED.—The FINDINGS Secretary may not guarantee a loan for a United Pub. L. 107–248, title IX, § 902, Oct. 23, 2002, 116 Stat. States commercial provider under this section 1573, provided that: ‘‘Congress makes the following unless the Secretary determines that credit findings: would not otherwise be reasonably available at ‘‘(1) It is in the national interest to encourage the the time of the guarantee for the commercial re- production of cost-effective, in-space transportation systems, which would be built and operated by the usable in-space transportation service or system private sector on a commercial basis. to be produced utilizing the proceeds of the loan. ‘‘(2) The use of reusable in-space transportation (d) CREDIT SUBSIDY.— systems will enhance performance levels of in-space (1) COLLECTION REQUIRED.—The Secretary operations, enhance efficient and safe disposal of sat- shall collect from each United States commer- ellites at the end of their useful lives, and increase cial provider receiving a loan guarantee under the capability and reliability of existing ground-to- this section an amount equal to the amount, space launch vehicles. as determined by the Secretary, to cover the ‘‘(3) Commercial reusable in-space transportation cost, as defined in section 502(5) of the Federal systems will enhance the economic well-being and national security of the United States by reducing Credit Reform Act of 1990 (2 U.S.C. 661a(5)), of space operations costs for commercial and national the loan guarantee. space programs and by adding new space capabilities (2) PERIODIC DISBURSEMENTS.—In the case of to space operations. a loan guarantee in which proceeds of the loan ‘‘(4) Commercial reusable in-space transportation are disbursed over time, the Secretary shall systems will provide new cost-effective space capa- collect the amount required under this sub- bilities (including orbital transfers from low altitude section on a pro rata basis, as determined by orbits to high altitude orbits and return, the correc- the Secretary, at the time of each disburse- tion of erroneous satellite orbits, and the recovery, ment. refurbishment, and refueling of satellites) and the provision of upper stage functions to increase ground- (e) OTHER TERMS AND CONDITIONS.— Page 87 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50501

(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 tee. Section Source (U.S. Code) Source (Statutes at Large) (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 error in the law. to protect the financial interests of the United 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- chapter III (§ 661 et seq.) of chapter 17A of Title 2, The to the United States under a loan guarantee 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 Sec. commercial provider if such forbearance will 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. ject to the terms of a loan guaranteed under § 50501. Definitions this section, upon the default of a United States commercial provider under the loan, In this chapter: the Secretary may, at the election of the Sec- (1) AGENCY.—The term ‘‘agency’’ means an retary— executive agency as defined in section 105 of (A) assume control of the physical asset fi- title 5. nanced by the loan; and (2) ANCHOR TENANCY.—The term ‘‘anchor ten- (B) complete, recondition, reconstruct, ancy’’ means an arrangement in which the renovate, repair, maintain, operate, or sell United States Government agrees to procure the physical asset. sufficient quantities of a commercial space product or service needed to meet Government (g) CREDIT INSTRUMENTS.— mission requirements so that a commercial (1) AUTHORITY TO ISSUE INSTRUMENTS.—Not- venture is made viable. withstanding any other provision of law, the (3) COMMERCIAL.—The term ‘‘commercial’’ Secretary may, subject to such terms and con- means having— ditions as the Secretary considers appropriate, (A) private capital at risk; and issue credit instruments to United States (B) primary financial and management re- commercial providers of in-space transpor- sponsibility for the activity reside with the tation services or systems, with the aggregate private sector. cost (as determined under the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. (4) COST EFFECTIVE.—The term ‘‘cost effec- 661 et seq.)) of such instruments not to exceed tive’’ means costing no more than the avail- § 50502 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 88

able alternatives, determined by a comparison FINDINGS of all related direct and indirect costs includ- Pub. L. 102–588, title V, § 501, Nov. 4, 1992, 106 Stat. ing, in the case of Government costs, applica- 5122, provided that: ‘‘The Congress finds that— ble Government labor and overhead costs as ‘‘(1) commercial activities of the private sector well as contractor charges, and taking into ac- have substantially contributed to the strength of count the ability of each alternative to accom- both the United States space program and the na- modate mission requirements as well as the tional economy; related factors of risk, reliability, schedule, ‘‘(2) a robust United States space transportation ca- and technical performance. pability remains a vital cornerstone of the United States space program; (5) LAUNCH.—The term ‘‘launch’’ means to ‘‘(3) the availability of commercial launch services place, or attempt to place, a launch vehicle is essential for the continued growth of the United and its payload, if any, in a suborbital trajec- States commercial space sector; tory, in Earth orbit in outer space, or other- ‘‘(4) a timely extension of the excess third party wise in outer space. claims payment provisions of the Commercial Space (6) LAUNCH SERVICES.—The term ‘‘launch Launch Act [now 51 U.S.C. 50901 et seq.] is appro- services’’ means activities involved in the priate and necessary to enable the private sector to preparation of a launch vehicle and its pay- continue covering maximum probable liability risks load for launch and the conduct of a launch. while protecting the private sector from uninsurable (7) LAUNCH SUPPORT FACILITIES.—The term levels of liability which could hinder international ‘‘launch support facilities’’ means facilities lo- competitiveness; ‘‘(5) a program to demonstrate how recipients of cated at launch sites or launch ranges that are Federal grants can purchase launch services directly required to support launch activities, includ- from the private sector has the potential to improve ing launch vehicle assembly, launch vehicle the capabilities of the United States commercial operations and control, communications, launch industry; flight safety functions, and payload oper- ‘‘(6) improvements and additions to the Nation’s ations, control, and processing. space transportation infrastructure contribute to a (8) LAUNCH VEHICLE.—The term ‘‘launch ve- robust and cost effective space transportation capa- hicle’’ means any vehicle constructed for the bility for both public sector and private sector users; purpose of operating in or placing a payload in ‘‘(7) private sector use of available Government fa- outer space or in suborbital trajectories, and cilities on a reimbursable basis contributes to a includes components of that vehicle. stronger commercial space sector; ‘‘(8) the Federal Government should purchase space (9) PAYLOAD.—The term ‘‘payload’’ means an goods and services which are commercially available, object which a person undertakes to launch, or could be made available commercially in response and includes subcomponents of the launch ve- to a Government procurement request, whenever hicle specifically designed or adapted for that such goods or services meet Government mission re- object. quirements in a cost effective manner; (10) PAYLOAD INTEGRATION SERVICES.—The ‘‘(9) it is appropriate for the Government to act as term ‘‘payload integration services’’ means ac- an anchor tenant for commercial space development tivities involved in integrating multiple pay- projects which have a reasonable potential to develop loads into a single payload for launch or inte- non-Federal markets and which meet Federal needs grating a payload with a launch vehicle. in a cost effective manner; and ‘‘(10) the provision of compensation to commercial (11) SPACE RECOVERY SUPPORT FACILITIES.— The term ‘‘space recovery support facilities’’ providers of space goods and services for termination of contracts at the convenience of the Government means facilities required to support activities assists in enabling the private sector to invest in related to the recovery of payloads returned space activities which are initially dependent on Gov- from space to a space recovery site, including ernment purchases.’’ operations and control, communications, [For definition of terms used in section 501 of Pub. L. flight safety functions, and payload process- 102–588, set out above, see section 502 of Pub. L. 102–588, ing. title V, Nov. 4, 1992, 106 Stat. 5123, which was classified (12) SPACE TRANSPORTATION INFRASTRUC- to former section 5802 of Title 15, Commerce and Trade, TURE.—The term ‘‘space transportation infra- and was repealed and reenacted as this section by Pub. structure’’ means facilities, associated equip- L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444.] ment, and real property (including launch § 50502. Launch voucher demonstration program sites, launch support facilities, space recovery sites, and space recovery support facilities) re- (a) REQUIREMENT TO ESTABLISH PROGRAM.— quired to perform launch or space recovery ac- The Administrator shall establish a demonstra- tivities. tion program to award vouchers for the payment (13) STATE.—The term ‘‘State’’ means the of commercial launch services and payload inte- several States, the District of Columbia, Puer- gration services for the purpose of launching to Rico, American Samoa, the United States payloads funded by the Administration. Virgin Islands, Guam, the Northern Mariana (b) AWARD OF VOUCHERS.—The Administrator Islands, and any other commonwealth, terri- shall award vouchers under subsection (a) to ap- tory, or possession of the United States. propriate individuals as a part of grants admin- (14) UNITED STATES.—The term ‘‘United istered by the Administration for the launch States’’ means the States, collectively. of— (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3404.) (1) payloads to be placed in suborbital tra- jectories; and HISTORICAL AND REVISION NOTES (2) small payloads to be placed in orbit.

Revised Source (U.S. Code) Source (Statutes at Large) (c) ASSISTANCE.—The Administrator may pro- Section vide voucher award recipients with such assist- 50501 ...... 15 U.S.C. 5802. Pub. L. 102–588, title V, § 502, ance (including contract formulation and tech- Nov. 4, 1992, 106 Stat. 5123. nical support during the proposal evaluation) as Page 89 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50504 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- HISTORICAL AND REVISION NOTES quirements in such contracts. (4) FAILURE TO PERFORM.—In any such con- Revised Section Source (U.S. Code) Source (Statutes at Large) tract, the appropriate Administrator shall re- 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, 106 Stat. 5124; Pub. L. termination liability because of the contrac- 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 as obsolete. HISTORICAL AND REVISION NOTES

§ 50503. Anchor tenancy and termination liability Revised 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 good or service if the appropriate Administrator (a) AUTHORITY.— determines that— (1) IN GENERAL.—Federal agencies, including (1) the good or service meets the mission re- the Administration and the Department of De- quirements of the Administration or the Na- fense, may allow non-Federal entities to use tional Oceanic and Atmospheric Administra- their space-related facilities on a reimbursable tion, as appropriate; basis if the Administrator, the Secretary of (2) the commercially procured good or serv- Defense, or the appropriate agency head deter- ice is cost effective; mines that— (3) the good or service is procured through a (A) the facilities will be used to support competitive process; commercial space activities; (4) existing or potential customers for the (B) such use can be supported by existing good or service other than the United States or planned Federal resources; (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 the Government terminates such contracts for (b) REIMBURSEMENT PAYMENT.— its convenience. (1) AMOUNT.—The reimbursement referred to (2) FIXED SCHEDULE OF PAYMENTS AND LIMITA- in subsection (a) may be an amount equal to TION ON LIABILITY.—Contracts that provide for the direct costs (including salaries of United the payment of termination liability, as de- States civilian and contractor personnel) in- scribed in paragraph (1), shall include a fixed curred by the United States as a result of the schedule of such termination liability pay- use of such facilities by the private sector. For ments. Liability under such contracts shall the purposes of this paragraph, the term ‘‘di- not exceed the total payments which the Gov- rect costs’’ means the actual costs that can be ernment would have made after the date of unambiguously associated with such use, and termination to purchase the good or service if would not be borne by the United States Gov- the contract were not terminated. ernment in the absence of such use. (3) USE OF FUNDS.—Subject to appropria- (2) CREDIT TO APPROPRIATION.—The amount tions, funds available for such termination li- of any payment received by the United States ability payments may be used for purchase of for use of facilities under this subsection shall the good or service upon successful delivery of be credited to the appropriation from which the good or service pursuant to the contract. the cost of providing such facilities was paid. In such case, sufficient funds shall remain (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3406.) available to cover any remaining termination liability. HISTORICAL AND REVISION NOTES

(c) LIMITATIONS.— Revised Source (U.S. Code) Source (Statutes at Large) Section (1) DURATION.—Contracts entered into under this section shall not exceed 10 years in dura- 50504 ...... 15 U.S.C. 5807. Pub. L. 102–588, title V, § 508, tion. Nov. 4, 1992, 106 Stat. 5128. § 50505 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 90

§ 50505. Test facilities poration, division, or subsidiary have substan- tially contributed to the United States gross (a) CHARGES.—The Administrator shall estab- national product and the stature of United lish a policy of charging users of the Adminis- States industry in international markets, with tration’s test facilities for the costs associated due consideration for both the economic mag- with their tests at a level that is competitive nitude and the technical quality of the activi- with alternative test facilities. The Adminis- ties and achievements. trator shall not implement a policy of seeking (3) SUBSTANTIAL ADVANCEMENT OF TECH- full cost recovery for a facility until at least 30 NOLOGY.—The individual, corporation, divi- days after transmitting a notice to the Commit- sion, or subsidiary has substantially advanced tee on Science and Technology of the House of space technology and space applications di- Representatives and the Committee on Com- rectly related to commercial space activities. merce, Science, and Transportation of the Sen- ate. (c) LIMITATIONS.—No individual or corporate (b) FUNDING ACCOUNT.—In planning and budg- entity may receive an award under this section eting, the Administrator shall establish a fund- more than once every 5 years. ing account that shall be used for all test facili- (d) FUNDING FOR AWARD.—The Secretary of ties. The account shall be sufficient to maintain Commerce may seek and accept gifts of money the viability of test facilities during periods of from public and private sources for the purpose low utilization. of making cash prize awards under this section. 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- HISTORICAL AND REVISION NOTES pose. The Secretary of Commerce shall make publicly available an itemized list of the sources Revised of such funding. Section Source (U.S. Code) Source (Statutes at Large) (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. 2916. HISTORICAL AND REVISION NOTES Revised This section restates provisions originally enacted as Section Source (U.S. Code) Source (Statutes at Large) part of the National Aeronautics and Space Adminis- tration Authorization Act of 2005 (Public Law 109–155, 50506 ...... 15 U.S.C. 5808. Pub. L. 102–588, title V, § 510, 119 Stat. 2895), and not as part of title V of the National Nov. 4, 1992, 106 Stat. 5129. 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 CHANGE OF NAME section 501 of the National Aeronautics and Space Ad- 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. COMMERCE

§ 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. award shall consist of a medal, which shall be of such design and materials and bear such inscrip- AMENDMENTS tions as determined by the Secretary of Com- 2015—Pub. L. 114–90, title III, § 301(a)(1), Nov. 25, 2015, merce. A cash prize may also be awarded if fund- 129 Stat. 720, substituted ‘‘COMMERCE’’ for ‘‘COM- ing for the prize is available under subsection MERCIALIZATION’’ in chapter heading. (d). § 50701. Definition of Office (b) CRITERIA FOR AWARD.—The Secretary of Commerce shall periodically make awards under In this chapter, the term ‘‘Office’’ means the this section to individuals, corporations, cor- Office of Space Commerce established in section porate divisions, or corporate subsidiaries sub- 50702 of this title. stantially engaged in commercial space activi- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408; ties that in the opinion of the Secretary of Com- Pub. L. 114–90, title III, § 301(b), Nov. 25, 2015, 129 merce best meet the following criteria: Stat. 720.) (1) NON-GOVERNMENTAL REVENUE.—For cor- porate entities, at least half of the revenues HISTORICAL AND REVISION NOTES from the space-related activities of the cor- Revised Source (U.S. Code) Source (Statutes at Large) poration, division, or subsidiary is derived Section from sources other than the United States 50701 ...... (no source) Government. (2) SUBSTANTIAL CONTRIBUTION.—The activi- A chapter-wide definition for the term ‘‘Office’’ is ties and achievements of the individual, cor- added for clarity and convenience. Page 91 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50702

AMENDMENTS tries to ensure free and fair trade internation- 2015—Pub. L. 114–90 substituted ‘‘Commerce’’ for ally in the area of space commerce; and ‘‘Commercialization’’. (7) seeking the removal of legal, policy, and institutional impediments to space commerce. § 50702. Establishment (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408; (a) IN GENERAL.—There is established within Pub. L. 114–90, title III, §§ 301(c), 302, Nov. 25, the Department of Commerce an Office of Space 2015, 129 Stat. 720.) Commerce. HISTORICAL AND REVISION NOTES (b) DIRECTOR.—The Office shall be headed by a Director, who shall be a senior executive and Revised Source (U.S. Code) Source (Statutes at Large) shall be compensated at a level in the Senior Ex- Section ecutive Service under section 5382 of title 5 as 50702 ...... 15 U.S.C. 1511e. Pub. L. 105–309, § 8, Oct. 30, determined by the Secretary of Commerce. 1998, 112 Stat. 2937; Pub. L. 107–305, § 14, Nov. 27, 2002, (c) FUNCTIONS OF OFFICE.—The Office shall be 116 Stat. 2380; Pub. L. the principal unit for the coordination of space- 108–447, div. B, title II, Dec. 8, 2004, 118 Stat. 2878. related issues, programs, and initiatives within the Department of Commerce, including— AMENDMENTS (1) to foster the conditions for the economic growth and technological advancement of the 2015—Subsec. (a). Pub. L. 114–90, § 301(c), substituted ‘‘Space Commerce’’ for ‘‘Space Commercialization’’. United States space commerce industry; Subsec. (c). Pub. L. 114–90, § 302, substituted ‘‘Com- (2) to coordinate space commerce policy is- merce, including—’’ for ‘‘Commerce.’’ and added pars. sues and actions within the Department of (1) to (5). Commerce; COOPERATION WITH FORMER SOVIET REPUBLICS (3) to represent the Department of Com- merce in the development of United States Pub. L. 102–588, title II, § 218, Nov. 4, 1992, 106 Stat. policies and in negotiations with foreign coun- 5117, provided that: tries to promote United States space com- ‘‘(a) REPORT TO CONGRESS.—Within one year after the date of enactment of this Act [Nov. 4, 1992], the Presi- merce; dent shall submit to Congress a report describing— (4) to promote the advancement of United ‘‘(1) the opportunities for increased space related States geospatial technologies related to space trade with the independent states of the former So- commerce, in cooperation with relevant inter- viet Union; agency working groups; and ‘‘(2) a technology procurement plan for identifying (5) to provide support to Federal Govern- and evaluating all unique space hardware, space tech- ment organizations working on Space-Based nology, and space services available to the United Positioning Navigation, and Timing policy, in- States from the independent states of the former So- viet Union, specifically including those technologies cluding the National Coordination Office for the National Aeronautics and Space Administration 1 Space-Based Position, Navigation, and Tim- has identified as high priority in its Space Research ing. and Technology Integrated Technology Plan.[;] (d) DUTIES OF DIRECTOR.—The primary respon- ‘‘(3) the trade missions carried out pursuant to sub- sibilities of the Director in carrying out the section (c), including the private participation and functions of the Office shall include— the results of such missions; (1) promoting commercial provider invest- ‘‘(4) the offices and accounts of the National Aero- ment in space activities by collecting, analyz- nautics and Space Administration to which expenses for either cooperative activities or procurement ac- ing, and disseminating information on space tions, involving the independent states of the former markets, and conducting workshops and semi- Soviet Union, are charged; nars to increase awareness of commercial ‘‘(5) any barriers, regulatory or practical, that in- space opportunities; hibit space-related trade between the United States (2) assisting United States commercial pro- and the independent states of the former Soviet viders in the efforts of those providers to con- Union, including such barriers in either the United duct business with the United States Govern- States or the independent states; and ment; ‘‘(6) any anticompetitive issues raised by a poten- tial acquisition. (3) acting as an industry advocate within the ‘‘(b) NOTIFICATION TO CONGRESS.—If any United States executive branch of the Federal Government Government agency denies a request for a license or to ensure that the Federal Government meets other approval that may be necessary to conduct dis- the space-related requirements of the Federal cussions on space-related matters with the independent Government, to the fullest extent feasible, states of the former Soviet Union, that agency shall using commercially available space goods and immediately notify the Speaker of the House of Rep- services; resentatives and President of the Senate. Each such no- (4) ensuring that the United States Govern- tification shall include a statement of the reasons for the denial. ment does not compete with United States ‘‘(c) ROLE OF THE OFFICE OF SPACE COMMERCE.—The commercial providers in the provision of space Office of Space Commerce of the Department of Com- hardware and services otherwise available merce is authorized and encouraged to conduct trade from United States commercial providers; missions to appropriate independent states of the (5) promoting the export of space-related former Soviet Union for the purpose of familiarizing goods and services; United States aerospace industry representatives with (6) representing the Department of Com- space hardware, space technologies, and space services that may be available from the independent states, and merce in the development of United States with the business practices and overall business cli- policies and in negotiations with foreign coun- mate in the independent states. The Office of Space Commerce shall also advise the Administrator [of the 1 So in original. Probably should be ‘‘Positioning,’’. National Aeronautics and Space Administration] as to § 50703 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 92 the impact on United States industry of each potential Sec. acquisition of space hardware, space technology, or 50918. Consultation. space services from the independent states of the 50919. Relationship to other executive agencies, former Soviet Union, specifically including any anti- laws, and international obligations. competitive issues the Office may observe.’’ 50920. User fees. 50921. Office of Commercial Space Transportation. § 50703. Annual report 50922. Regulations. 50923. Report to Congress. The Secretary of Commerce shall submit an annual report on the activities of the Office, in- AMENDMENTS cluding planned programs and expenditures, to 2010—Pub. L. 111–314, § 4(d)(2), (3), Dec. 18, 2010, 124 the Committee on Commerce, Science, and Stat. 3440, transferred analysis for chapter 701 of Title Transportation of the Senate and the Commit- 49, Transportation, and renumbered as analysis for tee on Science and Technology of the House of chapter 509 of this title and renumbered items 70101 to Representatives. 70105, 70105a, 70106 to 70109, 70109a, and 70110 to 70121 as 50901 to 50923, respectively. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3408.) 2004—Pub. L. 108–492, § 2(c)(26), Dec. 23, 2004, 118 Stat. 3982, added item 70105a. HISTORICAL AND REVISION NOTES 2000—Pub. L. 106–405, § 3(b), Nov. 1, 2000, 114 Stat. 1752, substituted ‘‘Office of Commercial Space Transpor- Revised Section Source (U.S. Code) Source (Statutes at Large) tation’’ for ‘‘Authorization of appropriations’’ in item 70119. 50703 ...... 15 U.S.C. 1535. Pub. L. 101–611, title I, Pub. L. 106–391, title III, § 322(d), Oct. 30, 2000, 114 Stat. § 115(b), Nov. 16, 1990, 104 Stat. 3201. 1598, added item 70109a. 1998—Pub. L. 105–303, title I, § 102(a)(1), Oct. 28, 1998, The words ‘‘The Secretary of Commerce shall submit 112 Stat. 2846, substituted ‘‘launches, operations, and an annual report’’ are substituted for ‘‘Commencing in reentries’’ for ‘‘launches and operations’’ in item 70104, fiscal year 1992, and every fiscal year thereafter, the ‘‘launches, operation of launch sites and reentry sites, Secretary of Commerce shall submit . . . a report’’ to and reentries’’ for ‘‘launches and operation of launch eliminate unnecessary words. sites’’ in item 70108, inserted ‘‘or reentries’’ after The word ‘‘Office’’, meaning the Office of Space Com- ‘‘scheduled launches’’ in item 70109, and added items mercialization, is substituted for ‘‘Office of Space Com- 70120 and 70121. merce’’ to correct an error in the law. 1994—Pub. L. 103–429, § 6(78), Oct. 31, 1994, 108 Stat. The words ‘‘Committee on Science and Technology’’ 4388, made technical amendment to chapter heading. are substituted for ‘‘Committee on Science, Space, and Technology’’ on authority of section 1(a)(10) of Public § 50901. Findings and purposes Law 104–14 (2 U.S.C. note prec. 21), Rule X(1)(n) of the (a) FINDINGS.—Congress finds that— Rules of the House of Representatives, adopted by (1) the peaceful uses of outer space continue House Resolution No. 5 (106th Congress, January 6, 1999), and Rule X(1)(o) of the Rules of the House of Rep- to be of great value and to offer benefits to all resentatives, adopted by House Resolution No. 6 (110th mankind; Congress, January 5, 2007). (2) private applications of space technology have achieved a significant level of commer- CHANGE OF NAME cial and economic activity and offer the poten- Committee on Science and Technology of House of tial for growth in the future, particularly in Representatives changed to Committee on Science, the United States; Space, and Technology of House of Representatives by (3) new and innovative equipment and serv- House Resolution No. 5, One Hundred Twelfth Congress, ices are being sought, produced, and offered by Jan. 5, 2011. entrepreneurs in telecommunications, infor- CHAPTER 509—COMMERCIAL SPACE mation services, microgravity research, LAUNCH ACTIVITIES human space flight, and remote sensing tech- nologies; Sec. (4) the private sector in the United States 50901. Findings and purposes. has the capability of developing and providing 50902. Definitions. 50903. General authority. private launching, reentry, and associated 50904. Restrictions on launches, operations, and re- services that would complement the launch- entries. ing, reentry, and associated capabilities of the 50905. License applications and requirements. United States Government; 50906. Experimental permits. (5) the development of commercial launch 50907. Monitoring activities. vehicles, reentry vehicles, and associated serv- 50908. Effective periods, and modifications, suspen- ices would enable the United States to retain sions, and revocations, of licenses. its competitive position internationally, con- 50909. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, tributing to the national interest and eco- and reentries. nomic well-being of the United States; 50910. Preemption of scheduled launches or reen- (6) providing launch services and reentry tries. services by the private sector is consistent 50911. Space advertising. with the national security and foreign policy 50912. Administrative hearings and judicial review. interests of the United States and would be fa- 50913. Acquiring United States Government prop- cilitated by stable, minimal, and appropriate erty and services. regulatory guidelines that are fairly and expe- 50914. Liability insurance and financial responsibil- ity requirements. ditiously applied; 50915. Paying claims exceeding liability insurance (7) the United States should encourage pri- and financial responsibility requirements. vate sector launches, reentries, and associated 50916. Disclosing information. services and, only to the extent necessary, 50917. Enforcement and penalty. regulate those launches, reentries, and serv- Page 93 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50901

ices to ensure compliance with international signed to carry humans, including through obligations of the United States and to protect the issuance of regulations, to the extent the public health and safety, safety of prop- permitted by this chapter; erty, and national security and foreign policy (3) to provide that the Secretary of Trans- interests of the United States; portation is to oversee and coordinate the con- (8) space transportation, including the estab- duct of commercial launch and reentry oper- lishment and operation of launch sites, re- entry sites, and complementary facilities, the ations, issue permits and commercial licenses providing of launch services and reentry serv- and transfer commercial licenses authorizing ices, the establishment of support facilities, those operations, and protect the public and the providing of support services, is an im- health and safety, safety of property, and na- portant element of the transportation system tional security and foreign policy interests of of the United States, and in connection with the United States; and the commerce of the United States there is a (4) to facilitate the strengthening and expan- need to develop a strong space transportation sion of the United States space transportation infrastructure with significant private sector infrastructure, including the enhancement of involvement; United States launch sites and launch-site (9) the participation of State governments in support facilities, and development of reentry encouraging and facilitating private sector in- sites, with Government, State, and private volvement in space-related activity, particu- sector involvement, to support the full range larly through the establishment of a space of United States space-related activities. transportation-related infrastructure, includ- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1330, ing launch sites, reentry sites, complementary § 70101 of title 49; Pub. L. 105–303, title I, facilities, and launch site and reentry site sup- § 102(a)(2), Oct. 28, 1998, 112 Stat. 2846; Pub. L. port facilities, is in the national interest and 108–492, § 2(a), Dec. 23, 2004, 118 Stat. 3974; renum- is of significant public benefit; bered § 70101 then § 50901 of title 51, Pub. L. (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; Pub. L. 114–90, title I, § 112(a), Nov. 25, 2015, cial, scientific, and cultural enterprises should 129 Stat. 711.) guide Federal space investments, policies, and regulations; HISTORICAL AND REVISION NOTES (11) private industry has begun to develop Revised commercial launch vehicles capable of carry- Section Source (U.S. Code) Source (Statutes at Large) ing human beings into space and greater pri- 70101(a) ...... 49 App.:2601. Oct. 30, 1984, Pub. L. 98–575, vate investment in these efforts will stimulate §§ 2, 3, 98 Stat. 3055; Nov. the Nation’s commercial space transportation 16, 1990, Pub. L. 101–611, § 117(c), (d), 104 Stat. 3202. industry as a whole; 70101(b) ...... 49 App.:2602. (12) space transportation is inherently risky, and the future of the commercial human space In subsection (a), before clause (1), the words ‘‘and de- flight industry will depend on its ability to clares’’ are omitted as surplus. continually improve its safety performance; In subsection (b), before clause (1), the word ‘‘there- (13) a critical area of responsibility for the fore’’ is omitted as surplus. Department of Transportation is to regulate AMENDMENTS the operations and safety of the emerging 2015—Subsec. (a)(15). Pub. L. 114–90, which directed commercial human space flight industry; amendment of section ‘‘50901(15)’’ by inserting (14) the public interest is served by creating ‘‘, government astronauts,’’ after ‘‘crew’’ wherever ap- a clear legal, regulatory, and safety regime for pearing, was executed by making the insertion in sub- commercial human space flight; and sec. (a)(15) in two places, to reflect the probable intent (15) the regulatory standards governing of Congress. human space flight must evolve as the indus- 2010—Pub. L. 111–314 successively renumbered section try matures so that regulations neither stifle 70101 of title 49 and section 70101 of this title as this technology development nor expose crew, gov- section. ernment astronauts, or space flight partici- 2004—Subsec. (a)(3). Pub. L. 108–492, § 2(a)(1), inserted ‘‘human space flight,’’ after ‘‘microgravity research,’’. pants to avoidable risks as the public comes to Subsec. (a)(4). Pub. L. 108–492, § 2(a)(2), struck out expect greater safety for crew, government as- ‘‘satellite’’ after ‘‘providing private’’ and substituted tronauts, and space flight participants from ‘‘capabilities of’’ for ‘‘services now available from’’. the industry. Subsec. (a)(10) to (15). Pub. L. 108–492, § 2(a)(3)–(5), added pars. (10) to (15). (b) PURPOSES.—The purposes of this chapter Subsec. (b)(2)(C). Pub. L. 108–492, § 2(a)(6), added sub- are— par. (C). (1) to promote economic growth and entre- Subsec. (b)(3). Pub. L. 108–492, § 2(a)(7), substituted preneurial activity through use of the space ‘‘issue permits and commercial licenses and transfer’’ environment for peaceful purposes; for ‘‘issue and transfer’’. (2) to encourage the United States private 1998—Subsec. (a)(3). Pub. L. 105–303, § 102(a)(2)(A), in- sector to provide launch vehicles, reentry ve- serted ‘‘microgravity research,’’ after ‘‘information hicles, and associated services by— services,’’. (A) simplifying and expediting the issu- Subsec. (a)(4). Pub. L. 105–303, § 102(a)(2)(B), inserted ‘‘, reentry,’’ after ‘‘launching’’ in two places. ance and transfer of commercial licenses; Subsec. (a)(5). Pub. L. 105–303, § 102(a)(2)(C), inserted (B) facilitating and encouraging the use of ‘‘, reentry vehicles,’’ after ‘‘launch vehicles’’. Government-developed space technology; Subsec. (a)(6). Pub. L. 105–303, § 102(a)(2)(D), inserted and ‘‘and reentry services’’ after ‘‘launch services’’. (C) promoting the continuous improve- Subsec. (a)(7). Pub. L. 105–303, § 102(a)(2)(E), inserted ment of the safety of launch vehicles de- ‘‘, reentries,’’ after ‘‘launches’’ in two places. § 50902 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 94

Subsec. (a)(8). Pub. L. 105–303, § 102(a)(2)(F), (G), in- operation of or in a launch vehicle or reentry serted ‘‘, reentry sites,’’ after ‘‘launch sites’’ and ‘‘and vehicle that carries human beings. reentry services’’ after ‘‘launch services’’. (3) ‘‘executive agency’’ has the same mean- Subsec. (a)(9). Pub. L. 105–303, § 102(a)(2)(H), (I), in- ing given that term in section 105 of title 5. serted ‘‘reentry sites,’’ after ‘‘launch sites,’’ and ‘‘and (4) ‘‘government astronaut’’ means an indi- reentry site’’ after ‘‘launch site’’. Subsec. (b)(2). Pub. L. 105–303, § 102(a)(2)(J), inserted vidual who— ‘‘, reentry vehicles,’’ after ‘‘launch vehicles’’ in intro- (A) is designated by the National Aero- ductory provisions. nautics and Space Administration under sec- Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(2)(K), struck tion 20113(n); out ‘‘launch’’ before ‘‘licenses’’. (B) is carried within a launch vehicle or re- Subsec. (b)(3). Pub. L. 105–303, § 102(a)(2)(L), (M), in- entry vehicle in the course of his or her em- serted ‘‘and reentry’’ after ‘‘conduct of commercial ployment, which may include performance launch’’ and struck out ‘‘launch’’ before ‘‘licenses’’. of activities directly relating to the launch, Subsec. (b)(4). Pub. L. 105–303, § 102(a)(2)(N), inserted reentry, or other operation of the launch ve- ‘‘and development of reentry sites,’’ after ‘‘launch-site support facilities,’’. hicle or reentry vehicle; and (C) is either— FINDINGS (i) an employee of the United States Pub. L. 106–405, § 2, Nov. 1, 2000, 114 Stat. 1751, pro- Government, including the uniformed vided that: ‘‘The Congress finds that— services, engaged in the performance of a ‘‘(1) a robust United States space transportation in- Federal function under authority of law or dustry is vital to the Nation’s economic well-being an Executive act; or and national security; (ii) an international partner astronaut. ‘‘(2) enactment of a 5-year extension of the excess third party claims payment provision of [former] (5) ‘‘international partner astronaut’’ means chapter 701 of title 49, United States Code [now 51 an individual designated under Article 11 of U.S.C. 50901 et seq.] (Commercial Space Launch Ac- the International Space Station Intergovern- tivities), will have a beneficial impact on the inter- mental Agreement, by a partner to that agree- national competitiveness of the United States space ment other than the United States, as quali- transportation industry; fied to serve as an International Space Station ‘‘(3) space transportation may evolve into airplane- crew member. style operations; (6) ‘‘International Space Station Intergov- ‘‘(4) during the next 3 years the Federal Govern- ment and the private sector should analyze the liabil- ernmental Agreement’’ means the Agreement ity risk-sharing regime to determine its appropriate- Concerning Cooperation on the International ness and effectiveness, and, if needed, develop and Space Station, signed at Washington January propose a new regime to Congress at least 2 years 29, 1998 (TIAS 12927). prior to the expiration of the extension contained in (7) ‘‘launch’’ means to place or try to place this Act [see Tables for classification]; a launch vehicle or reentry vehicle and any ‘‘(5) the areas of responsibility of the Office of the payload or human being from Earth— Associate Administrator for Commercial Space (A) in a suborbital trajectory; Transportation have significantly increased as a re- (B) in Earth orbit in outer space; or sult of— (C) otherwise in outer space, ‘‘(A) the rapidly expanding commercial space transportation industry and associated government including activities involved in the prepara- licensing requirements; tion of a launch vehicle or payload for launch, ‘‘(B) regulatory activity as a result of the emerg- when those activities take place at a launch ing commercial reusable launch vehicle industry; site in the United States. and (8) ‘‘launch property’’ means an item built ‘‘(C) the increased regulatory activity associated with commercial operation of launch and reentry for, or used in, the launch preparation or sites; and launch of a launch vehicle. ‘‘(6) the Office of the Associate Administrator for (9) ‘‘launch services’’ means— Commercial Space Transportation should continue to (A) activities involved in the preparation limit its promotional activities to those which sup- of a launch vehicle, payload, crew (including port its regulatory mission.’’ crew training), government astronaut, or space flight participant for launch; and § 50902. Definitions (B) the conduct of a launch. In this chapter— (10) ‘‘launch site’’ means the location on (1) ‘‘citizen of the United States’’ means— Earth from which a launch takes place (as de- (A) an individual who is a citizen of the fined in a license the Secretary issues or United States; transfers under this chapter) and necessary fa- (B) an entity organized or existing under cilities at that location. the laws of the United States or a State; or (11) ‘‘launch vehicle’’ means— (C) an entity organized or existing under (A) a vehicle built to operate in, or place the laws of a foreign country if the control- a payload or human beings in, outer space; ling interest (as defined by the Secretary of and Transportation) is held by an individual or (B) a suborbital rocket. entity described in subclause (A) or (B) of (12) ‘‘obtrusive space advertising’’ means ad- this clause. vertising in outer space that is capable of (2) ‘‘crew’’ means any employee of a licensee being recognized by a human being on the sur- or transferee, or of a contractor or subcontrac- face of the Earth without the aid of a tele- tor of a licensee or transferee, who performs scope or other technological device. activities in the course of that employment di- (13) ‘‘payload’’ means an object that a person rectly relating to the launch, reentry, or other undertakes to place in outer space by means of Page 95 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50902

a launch vehicle or reentry vehicle, including (D) the customer’s contractors or sub- components of the vehicle specifically de- contractors involved in launch services or signed or adapted for that object. reentry services; or (14) except in section 50904(c), ‘‘permit’’ (E) crew, government astronauts, or space means an experimental permit issued under flight participants. section 50906. (27) ‘‘United States’’ means the States of the (15) ‘‘person’’ means an individual and an en- United States, the District of Columbia, and tity organized or existing under the laws of a the territories and possessions of the United State or country. States. (16) ‘‘reenter’’ and ‘‘reentry’’ mean to return or attempt to return, purposefully, a reentry (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1331, vehicle and its payload or human beings, if § 70102 of title 49; Pub. L. 104–287, § 5(92), Oct. 11, any, from Earth orbit or from outer space to 1996, 110 Stat. 3398; Pub. L. 105–303, title I, Earth. § 102(a)(3), Oct. 28, 1998, 112 Stat. 2846; Pub. L. (17) ‘‘reentry services’’ means— 106–391, title III, § 322(a), Oct. 30, 2000, 114 Stat. (A) activities involved in the preparation 1598; Pub. L. 108–492, § 2(b), Dec. 23, 2004, 118 Stat. of a reentry vehicle and payload, crew (in- 3975; renumbered § 70102 then § 50902 of title 51 cluding crew training), government astro- and amended Pub. L. 111–314, § 4(d)(2), (3)(B), naut, or space flight participant, if any, for (5)(A), (B), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. reentry; and L. 114–90, title I, § 112(c), (e)–(j), Nov. 25, 2015, 129 (B) the conduct of a reentry. Stat. 712, 713; Pub. L. 115–254, div. B, title V, (18) ‘‘reentry site’’ means the location on § 581(a), Oct. 5, 2018, 132 Stat. 3397.) Earth to which a reentry vehicle is intended to HISTORICAL AND REVISION NOTES return (as defined in a license the Secretary PUB. L. 103–272 issues or transfers under this chapter). (19) ‘‘reentry vehicle’’ means a vehicle de- Revised Section Source (U.S. Code) Source (Statutes at Large) signed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle 70102(1) ...... 49 App.:2603(9). Oct. 30, 1984, Pub. L. 98–575, § 4(1)–(9), 98 Stat. 3056. designed to return from Earth orbit or outer 49 App.:2603(12). Oct. 30, 1984, Pub. L. 98–575, space to Earth, substantially intact. § 4(12), 98 Stat. 3056; Nov. 15, 1988, Pub. L. 100–657, (20) ‘‘space flight participant’’ means an in- § 3(2), 102 Stat. 3900. dividual, who is not crew or a government as- 70102(2)–(9) 49 App.:2603(1)–(8). 70102(10) ..... 49 App.:2603(10). Oct. 30, 1984, Pub. L. 98–575, tronaut, carried within a launch vehicle or re- § 4(10), 98 Stat. 3056; Nov. entry vehicle. 15, 1988, Pub. L. 100–657, § 3(1), 102 Stat. 3900. (21) ‘‘space support vehicle flight’’ means a 70102(11) ..... 49 App.:2603(11). Oct. 30, 1984, Pub. L. 98–575, flight in the air that— 98 Stat. 3055, § 4(11); added Nov. 15, 1988, Pub. L. (A) is not a launch or reentry; but 100–657, § 3(3), 102 Stat. (B) is conducted by a space support vehi- 3900. cle. 70102(12) ..... 49 App.:2603(10). (22) ‘‘space support vehicle’’ means a vehicle In this chapter, the word ‘‘country’’ is substituted for that is— ‘‘nation’’ for consistency in the revised title and with (A) a launch vehicle; other titles of the United States Code. (B) a reentry vehicle; or In clause (1), before subclause (A), the text of 49 (C) a component of a launch or reentry ve- App.:2603(9) is omitted as surplus because the complete name of the Secretary of Transportation is used the hicle. first time the term appears in a section. In subclauses (23) ‘‘State’’ means a State of the United (B) and (C), the words ‘‘corporation, partnership, joint States, the District of Columbia, and a terri- venture, association, or other’’ are omitted as surplus. tory or possession of the United States. In subclause (C), the words ‘‘in regulations’’ and ‘‘in such entity’’ are omitted as surplus. (24) unless and until regulations take effect In clause (4), the words ‘‘propellants, launch vehicles under section 50922(c)(2), ‘‘suborbital rocket’’ and components thereof, and other physical’’ are omit- means a vehicle, rocket-propelled in whole or ted as surplus. in part, intended for flight on a suborbital tra- In clause (6), the words ‘‘includes all . . . located on jectory, and the thrust of which is greater a launch site which are . . . to conduct a launch’’ are than its lift for the majority of the rocket- omitted as surplus. powered portion of its ascent. In clause (9), the words ‘‘corporation, partnership, (25) ‘‘suborbital trajectory’’ means the in- joint venture, association, or other’’ are omitted as surplus. tentional flight path of a launch vehicle, re- Clauses (10) and (12) are substituted for 49 entry vehicle, or any portion thereof, whose App.:2603(10) to eliminate unnecessary words. vacuum instantaneous impact point does not In clause (11), before subclause (A), the words ‘‘or en- leave the surface of the Earth. tity’’ are omitted as surplus. In subclause (A), the (26) ‘‘third party’’ means a person except— words ‘‘its agencies’’ are omitted as surplus. (A) the United States Government or the PUB. L. 104–287 Government’s contractors or subcontractors involved in launch services or reentry serv- This amends 49:70102(6) to correct an error in the ices; codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1331). (B) a licensee or transferee under this chapter; AMENDMENTS (C) a licensee’s or transferee’s contractors, 2018—Pars. (21) to (27). Pub. L. 115–254 added pars. (21) subcontractors, or customers involved in and (22) and redesignated former pars. (21) to (25) as (23) launch services or reentry services; to (27), respectively. § 50903 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 96

2015—Pars. (4) to (6). Pub. L. 114–90, § 112(c)(2), added Par. (11). Pub. L. 108–492, § 2(b)(6), added par. (11). pars. (4) to (6). Former pars. (4) to (6) redesignated (7) Former par. (11) redesignated (13). to (9), respectively. Par. (12). Pub. L. 108–492, § 2(b)(1), redesignated par. Par. (7). Pub. L. 114–90, § 112(c)(1), (e), redesignated (10) as (12). Former par. (12) redesignated (14). par. (4) as (7) and substituted ‘‘and any payload or Par. (13). Pub. L. 108–492, § 2(b)(1), (7), redesignated human being’’ for ‘‘and any payload, crew, or space par. (11) as (13) and inserted ‘‘crew, or space flight par- flight participant’’ in introductory provisions. Former ticipants,’’ after ‘‘and its payload,’’. Former par. (13) par. (7) redesignated (10). redesignated (15). Par. (8). Pub. L. 114–90, § 112(c)(1), redesignated par. (5) Par. (14). Pub. L. 108–492, § 2(b)(1), (8), redesignated as (8). Former par. (8) redesignated (11). par. (12) as (14) and substituted ‘‘and payload, crew (in- Par. (9). Pub. L. 114–90, § 112(c)(1), (f), redesignated cluding crew training), or space flight participant’’ for par. (6) as (9) and substituted ‘‘payload, crew (including ‘‘and its payload’’ in subpar. (A). Former par. (14) redes- crew training), government astronaut, or space flight ignated (16). participant’’ for ‘‘payload, crew (including crew train- Pars. (15), (16). Pub. L. 108–492, § 2(b)(1), redesignated ing), or space flight participant’’ in subpar. (A). Former pars. (13) and (14) as (15) and (16), respectively. Former par. (9) redesignated (12). pars. (15) and (16) redesignated (18) and (21), respec- Pars. (10) to (15). Pub. L. 114–90, § 112(c)(1), redesig- tively. nated pars. (7) to (12) as (10) to (15), respectively. Par. (17). Pub. L. 108–492, § 2(b)(9), added par. (17). Former pars. (10) to (15) redesignated (13) to (18), re- Former par. (17) redesignated (22). spectively. Par. (18). Pub. L. 108–492, § 2(b)(1), redesignated par. Par. (16). Pub. L. 114–90, § 112(c)(1), (g), redesignated (15) as (18). par. (13) as (16) and substituted ‘‘and its payload or Pars. (19), (20). Pub. L. 108–492, § 2(b)(10), added pars. human beings, if any,’’ for ‘‘and its payload, crew, or (19) and (20). space flight participants, if any,’’. Former par. (16) re- Par. (21). Pub. L. 108–492, § 2(b)(1), (11), redesignated designated (19). par. (16) as (21) and added subpar. (E). Par. (17). Pub. L. 114–90, § 112(c)(1), (h), redesignated Par. (22). Pub. L. 108–492, § 2(b)(1), redesignated par. par. (14) as (17) and substituted ‘‘payload, crew (includ- (17) as (22). ing crew training), government astronaut, or space 2000—Pars. (8) to (17). Pub. L. 106–391 added par. (8) flight participant, if any,’’ for ‘‘payload, crew (includ- and redesignated former pars. (8) to (16) as (9) to (17), ing crew training), or space flight participant, if any,’’ respectively. in subpar. (A). Former par. (17) redesignated (20). 1998—Par. (3). Pub. L. 105–303, § 102(a)(3)(A), sub- Pars. (18), (19). Pub. L. 114–90, § 112(c)(1), redesignated stituted ‘‘or reentry vehicle and any payload from pars. (15) and (16) as (18) and (19), respectively. Former Earth’’ for ‘‘and any payload’’ in introductory provi- pars. (18) and (19) redesignated (21) and (22), respec- sions and a comma for the period at end of subpar. (C) tively. and inserted concluding provisions. Par. (20). Pub. L. 114–90, § 112(c)(1), (i), redesignated Par. (8). Pub. L. 105–303, § 102(a)(3)(B), inserted ‘‘or re- par. (17) as (20) and amended it generally. Prior to entry vehicle’’ after ‘‘means of a launch vehicle’’. amendment, par. (20) read as follows: ‘‘ ‘space flight Pars. (10) to (13). Pub. L. 105–303, § 102(a)(3)(D), added participant’ means an individual, who is not crew, car- pars. (10) to (13). Former pars. (10) to (12) redesignated ried within a launch vehicle or reentry vehicle.’’ Pars. (21) to (23). Pub. L. 114–90, § 112(c)(1), redesig- (14) to (16), respectively. nated pars. (18) to (20) as (21) to (23), respectively. Par. (14). Pub. L. 105–303, § 102(a)(3)(C), redesignated Former pars. (21) and (22) redesignated (24) and (25), re- par. (10) as (14). spectively. Par. (15). Pub. L. 105–303, § 102(a)(3)(C), (E), redesig- Par. (24). Pub. L. 114–90, § 112(c)(1), (j), redesignated nated par. (11) as (15) and inserted ‘‘or reentry services’’ par. (21) as (24) and inserted ‘‘, government astro- after ‘‘launch services’’ wherever appearing. nauts,’’ after ‘‘crew’’ in subpar. (E). Par. (16). Pub. L. 105–303, § 102(a)(3)(C), redesignated Par. (25). Pub. L. 114–90, § 112(c)(1), redesignated par. par. (12) as (16). (22) as (25). 1996—Par. (6). Pub. L. 104–287 substituted ‘‘facilities 2010—Pub. L. 111–314, § 4(d)(2), (3)(B), successively re- at that location’’ for ‘‘facilities’’. numbered section 70102 of title 49 and section 70102 of EFFECTIVE DATE OF 1996 AMENDMENT this title as this section. Par. (11). Pub. L. 111–314, § 4(d)(5)(A), substituted ‘‘sec- Amendment by Pub. L. 104–287 effective July 5, 1994, tion 50904(c)’’ for ‘‘section 70104(c)’’ and ‘‘section 50906’’ see section 8(1) of Pub. L. 104–287, set out as a note for ‘‘section 70105a’’. under section 5303 of Title 49, Transportation. Par. (19). Pub. L. 111–314, § 4(d)(5)(B), substituted ‘‘sec- tion 50922(c)(2)’’ for ‘‘section 70120(c)(2)’’. § 50903. General authority 2004—Par. (2). Pub. L. 108–492, § 2(b)(2), added par. (2). Former par. (2) redesignated (3). (a) GENERAL.—The Secretary of Transpor- Par. (3). Pub. L. 108–492, § 2(b)(1), redesignated par. (2) tation shall carry out this chapter. as (3). Former par. (3) redesignated (4). (b) FACILITATING COMMERCIAL LAUNCHES AND 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). Par. (5). Pub. L. 108–492, § 2(b)(1), redesignated par. (4) mercial space launches and reentries by the as (5). Former par. (5) redesignated (6). private sector, including those involving space Par. (6). Pub. L. 108–492, § 2(b)(1), (4), redesignated par. flight participants; and (5) as (6) and substituted ‘‘, payload, crew (including (2) take actions to facilitate private sector crew training), or space flight participant’’ for ‘‘and involvement in commercial space transpor- payload’’ in subpar. (A). Former par. (6) redesignated tation activity, and to promote public-private (7). partnerships involving the United States Gov- Par. (7). Pub. L. 108–492, § 2(b)(1), redesignated par. (6) as (7). Former par. (7) redesignated (8). ernment, State governments, and the private Par. (8). Pub. L. 108–492, § 2(b)(1), (5), redesignated par. sector to build, expand, modernize, or operate (7) as (8) and inserted ‘‘or human beings’’ after ‘‘place a space launch and reentry infrastructure. a payload’’ in subpar. (A). Former par. (8) redesignated (9). (c) SAFETY.—In carrying out the responsibil- Pars. (9), (10). Pub. L. 108–492, § 2(b)(1), redesignated ities under subsection (b), the Secretary shall pars. (8) and (9) as (9) and (10), respectively. Former par. encourage, facilitate, and promote the continu- (10) redesignated (12). ous improvement of the safety of launch vehi- Page 97 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50903 cles designed to carry humans, and the Sec- 30, 2010, including the use of the Department of De- retary may, consistent with this chapter, pro- 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 would enable their implementation; and (d) EXECUTIVE AGENCY ASSISTANCE.—When ‘‘(4) a contingency plan in the event the rec- necessary, the head of an executive agency shall ommended alternatives described in paragraph (3) are assist the Secretary in carrying out this chap- not available when needed.’’ ter. EX. ORD. NO. 12465. COORDINATION AND ENCOURAGEMENT (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332, OF COMMERCIAL EXPENDABLE LAUNCH VEHICLE ACTIVI- § 70103 of title 49; Pub. L. 105–303, title I, TIES § 102(a)(4), Oct. 28, 1998, 112 Stat. 2847; Pub. L. Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, provided: 108–492, § 2(c)(1), (2), Dec. 23, 2004, 118 Stat. 3976; By the authority vested in me as President by the renumbered § 70103 then § 50903 of title 51, Pub. L. 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) ignated as the lead agency within the Federal govern- Section ment for encouraging and facilitating commercial ELV 70103(a) ...... 49 App.:2604(a) Oct. 30, 1984, Pub. L. 98–575, activities by the United States private sector. (1st–10th words). § 5(a) (1st–10th words, (b)), SEC. 2. Responsibilities of Lead Agency. The Secretary 98 Stat. 3057. of Transportation shall, to the extent permitted by law 70103(b) ...... 49 App.:2604(a) Oct. 30, 1984, Pub. L. 98–575, (11th–15th words, § 5(a) (11th–15th words, cls. and subject to the availability of appropriations, per- cls. (1), (3)). (1), (3)), 98 Stat. 3057; Nov. form the following functions: 16, 1990, Pub. L. 101–611, (a) act as a focal point within the Federal govern- § 117(e)(1), (3), 104 Stat. 3203. ment for private sector space launch contacts related 70103(c) ...... 49 App.:2604(b). to commercial ELV operations; (b) promote and encourage commercial ELV oper- In subsection (a), the words ‘‘be responsible for’’ are ations in the same manner that other private United omitted as surplus. States commercial enterprises are promoted by United In subsection (c), the words ‘‘To the extent permitted States agencies; by law’’ are omitted as surplus. The words ‘‘the head of (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 and the establishment and operation of commercial AMENDMENTS 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- Science, Space Operations, and Exploration missions, nautics and Space Administration, is hereby estab- consistent with current law and policy. lished. This group shall meet at the call of the Chair ‘‘(b) REPORT.—The Administrator [of NASA] shall and shall advise and assist the Department of Trans- transmit a report to the Committee on Science and portation in performing its responsibilities under this Technology [now Committee on Science, Space, and Order. Technology] of the House of Representatives and the SEC. 4. Responsibilities of Other Agencies. All executive Committee on Commerce, Science, and Transportation departments and agencies shall assist the Secretary of of the Senate describing the strategy developed under Transportation in carrying out this Order. To the ex- subsection (a) not later than 90 days after the date of tent permitted by law and in consultation with the enactment of this Act [Oct. 15, 2008]. The report shall Secretary of Transportation, they shall: provide, at a minimum— (a) provide the Secretary of Transportation with in- ‘‘(1) the results of the Request for Information on formation concerning agency regulatory actions which small to medium-sized launch services released on may affect development of commercial ELV operations; April 22, 2008; (b) review and revise their regulations and procedures ‘‘(2) an analysis of possible alternatives to maintain to eliminate unnecessary regulatory obstacles to the small and medium-sized lift capabilities after June development of commercial ELV operations and to en- § 50904 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 98 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. SEC. 5. The powers granted to the Secretary of Trans- ing crew, government astronauts, or space flight portation to encourage, facilitate and coordinate the participants, including launch and reentry, for overall ELV commercialization process shall not di- which a license or permit is required under this minish or abrogate any statutory or operational au- chapter. The Secretary shall ensure that all De- thority exercised by any other Federal agency. partment of Transportation regulations relevant SEC. 6. Nothing contained in this Order or in any pro- to the licensed or permitted activity are sat- cedures promulgated hereunder shall confer any sub- isfied. stantive or procedural right or privilege on any person or organization, enforceable against the United States, (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1332, its agencies, its officers or any person. § 70104 of title 49; Pub. L. 105–303, title I, SEC. 7. This Order shall be effective immediately. § 102(a)(5), Oct. 28, 1998, 112 Stat. 2847; Pub. L. RONALD REAGAN. 108–492, § 2(c)(3)–(5), Dec. 23, 2004, 118 Stat. 3976; § 50904. Restrictions on launches, operations, and renumbered § 70104 then § 50904 of title 51 and reentries amended Pub. L. 111–314, § 4(d)(2), (3)(D), (5)(C)–(E), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. (a) REQUIREMENT.—A license issued or trans- L. 114–90, title I, § 112(k), Nov. 25, 2015, 129 Stat. ferred under this chapter, or a permit, is re- 713.) quired for the following: (1) for a person to launch a launch vehicle or HISTORICAL AND REVISION NOTES to operate a launch site or reentry site, or to Revised reenter a reentry vehicle, in the United Section Source (U.S. Code) Source (Statutes at Large) States. 70104(a) ...... 49 App.:2605(a). Oct. 30, 1984, Pub. L. 98–575, (2) for a citizen of the United States (as de- § 6(a), (b), 98 Stat. 3057. fined in section 50902(1)(A) or (B) of this title) 70104(b) ...... 49 App.:2605(b)(1) (1st sentence). to launch a launch vehicle or to operate a 70104(c) ...... 49 App.:2605(b)(1) launch site or reentry site, or to reenter a re- (last sentence), (2). entry vehicle, outside the United States. (3) for a citizen of the United States (as de- In subsection (a)(2)–(4), the cross-reference is to sec- fined in section 50902(1)(C) of this title) to tion 70102(1) of the revised title (restating 49 launch a launch vehicle or to operate a launch App.:2603(12)) rather than to section 70102(11) (restating site or reentry site, or to reenter a reentry ve- 49 App.:2603(11)) to correct a mistake. Section 3(2) of hicle, outside the United States and outside the Commercial Space Launch Act Amendments of 1988 the territory of a foreign country unless there (Public Law 100–657, 102 Stat. 3900) redesignated 49 App.:2603(11) as 49 App.:2603(12) but did not amend the is an agreement between the United States cross-reference in 49 App.:2605(a). Government and the government of the for- In subsection (a)(3) and (4), the words ‘‘the govern- eign country providing that the government of ment of’’ are added for consistency in the revised title the foreign country has jurisdiction over the and with other titles of the United States Code. The launch or operation or reentry. words ‘‘in force’’ are omitted as surplus. (4) for a citizen of the United States (as de- In subsection (a)(3), the words ‘‘at any place which is fined in section 50902(1)(C) of this title) to both’’ are omitted as surplus. launch a launch vehicle or to operate a launch In subsection (a)(4), the text of 49 App.:2605(a)(3)(B)(i) is omitted as surplus. site or reentry site, or to reenter a reentry ve- In subsection (c), the words ‘‘by Federal law’’, ‘‘which hicle, in the territory of a foreign country if is to be launched’’, ‘‘by any Federal law’’, ‘‘take such there is an agreement between the United action under this chapter as the Secretary deems nec- States Government and the government of the essary to’’, and ‘‘of a payload by a holder of a launch foreign country providing that the United license under this chapter’’ are omitted as surplus. States Government has jurisdiction over the AMENDMENTS launch or operation or reentry. 2015—Subsec. (d). Pub. L. 114–90 substituted ‘‘activi- Notwithstanding this subsection, a permit shall ties involving crew, government astronauts, or space not authorize a person to operate a launch site flight participants’’ for ‘‘activities involving crew or or reentry site. space flight participants’’. (b) COMPLIANCE WITH PAYLOAD REQUIRE- 2010—Pub. L. 111–314, § 4(d)(2), (3)(D), successively re- MENTS.—The holder of a license or permit under numbered section 70104 of title 49 and section 70104 of this chapter may launch or reenter a payload this title as this section. Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(C), substituted only if the payload complies with all require- ‘‘section 50902(1)(A) or (B)’’ for ‘‘section 70102(1)(A) or ments of the laws of the United States related to (B)’’. launching or reentering a payload. Subsec. (a)(3). Pub. L. 111–314, § 4(d)(5)(D), substituted (c) PREVENTING LAUNCHES AND REENTRIES.— ‘‘section 50902(1)(C)’’ for ‘‘section 70102(1)(C)’’. The Secretary of Transportation shall establish Subsec. (a)(4). Pub. L. 111–314, § 4(d)(5)(E), substituted whether all required licenses, authorizations, ‘‘section 50902(1)(C)’’ for ‘‘section 70102(1)(C)’’. and permits required for a payload have been ob- 2004—Subsec. (a). Pub. L. 108–492, § 2(c)(3), substituted tained. If no license, authorization, or permit is ‘‘Requirement’’ for ‘‘License Requirement’’ in heading and ‘‘A license issued or transferred under this chapter, required, the Secretary may prevent the launch or a permit,’’ for ‘‘A license issued or transferred under or reentry if the Secretary decides the launch or this chapter’’ in introductory provisions and inserted reentry would jeopardize the public health and concluding provisions. safety, safety of property, or national security Subsec. (b). Pub. L. 108–492, § 2(c)(4), inserted ‘‘or per- or foreign policy interest of the United States. mit’’ after ‘‘holder of a license’’. Page 99 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50905

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 (B) any additional requirement necessary to catchline. 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’’. consulting with the head of the appropriate Subsec. (b). Pub. L. 105–303, § 102(a)(5)(D), struck out ‘‘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 launch vehicle carrying a human being for second sentence. compensation or hire, necessary to protect the § 50905. License applications and requirements health and safety of crew, government astro- nauts, or space flight participants, only if such (a) APPLICATIONS.—(1) A person may apply to requirements are imposed pursuant to final the Secretary of Transportation for a license or regulations issued in accordance with sub- transfer of a license under this chapter in the section (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 an application in accordance with criteria estab- (3) The Secretary may waive a requirement, lished pursuant to subsection (b)(2)(D),1 shall including the requirement to obtain a license, issue or transfer a license if the Secretary de- for an individual applicant if the Secretary de- cides in writing that the applicant complies, and cides that the waiver is in the public interest will continue to comply, with this chapter and and will not jeopardize the public health and regulations prescribed under this chapter. The safety, safety of property, and national security Secretary shall inform the applicant of any and foreign policy interests of the United pending issue and action required to resolve the States. The Secretary may not grant a waiver issue if the Secretary has not made a decision under this paragraph that would permit the not later than 120 days after accepting an appli- launch or reentry of a launch vehicle or a re- cation in accordance with criteria established entry vehicle without a license or permit if a pursuant to subsection (b)(2)(D).1 The Secretary human being will be on board. shall transmit to the Committee on Science of (4) The holder of a license or a permit under the House of Representatives and the Commit- this chapter may launch or reenter crew only tee on Commerce, Science, and Transportation if— of the Senate a written notice not later than 30 (A) the crew has received training and has days after any occurrence when the Secretary satisfied medical or other standards specified has not taken action on a license application in the license or permit in accordance with within the deadline established by this sub- regulations promulgated by the Secretary; section. (B) the holder of the license or permit has (2) In carrying out paragraph (1), the Sec- informed any individual serving as crew in retary may establish procedures for safety ap- writing, prior to executing any contract or provals of launch vehicles, reentry vehicles, other arrangement to employ that individual safety systems, processes, services, or personnel (or, in the case of an individual already em- (including approval procedures for the purpose ployed as of the date of enactment of the Com- of protecting the health and safety of crew, gov- mercial Space Launch Amendments Act of ernment astronauts, and space flight partici- 2004, as early as possible, but in any event pants, to the extent permitted by subsections (b) prior to any launch in which the individual and (c)) that may be used in conducting licensed will participate as crew), that the United commercial space launch or reentry activities. States Government has not certified the (b) REQUIREMENTS.—(1) Except as provided in launch vehicle as safe for carrying crew or this subsection, all requirements of the laws of space flight participants; and the United States applicable to the launch of a (C) the holder of the license or permit and launch vehicle or the operation of a launch site crew have complied with all requirements of or a reentry site, or the reentry of a reentry ve- the laws of the United States that apply to hicle, are requirements for a license or permit crew. under this chapter. (5) The holder of a license or a permit under (2) The Secretary may prescribe— this chapter may launch or reenter a space (A) any term necessary to ensure compliance flight participant only if— with this chapter, including on-site verifica- (A) in accordance with regulations promul- gated by the Secretary, the holder of the li- 1 See References in Text note below. cense or permit has informed the space flight § 50905 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 100

participant in writing about the risks of the in effect on November 10, 2004) to crew, launch and reentry, including the safety government astronauts, or space flight record of the launch or reentry vehicle type, participants; and and the Secretary has informed the space (D) be issued with a description of the in- flight participant in writing of any relevant stance or instances when the design feature information related to risk or probable loss or operating practice being restricted or pro- during each phase of flight gathered by the hibited contributed to a result or event de- Secretary in making the determination re- scribed in subparagraph (C). quired by section 50914(a)(2) and (c); (B) the holder of the license or permit has (3) FACILITATION OF STANDARDS.—The Sec- informed any space flight participant in writ- retary shall continue to work with the com- ing, prior to receiving any compensation from mercial space sector, including the Commer- that space flight participant or (in the case of cial Space Transportation Advisory Commit- a space flight participant not providing com- tee, or its successor organization, to facilitate pensation) otherwise concluding any agree- the development of voluntary industry consen- ment to fly that space flight participant, that sus standards based on recommended best the United States Government has not cer- practices to improve the safety of crew, gov- tified the launch vehicle as safe for carrying ernment astronauts, and space flight partici- crew or space flight participants; pants as the commercial space sector con- (C) in accordance with regulations promul- tinues to mature. gated by the Secretary, the space flight par- (4) COMMUNICATION AND TRANSPARENCY.— ticipant has provided written informed con- Nothing in this subsection shall be construed sent to participate in the launch and reentry to limit the authority of the Secretary to dis- and written certification of compliance with cuss potential regulatory approaches, poten- any regulations promulgated under paragraph tial performance standards, or any other topic (6)(A); and related to this subsection with the commercial (D) the holder of the license or permit has space industry, including observations, find- complied with any regulations promulgated by ings, and recommendations from the Commer- the Secretary pursuant to paragraph (6). cial Space Transportation Advisory Commit- (6)(A) The Secretary may issue regulations re- tee, or its successor organization, prior to the quiring space flight participants to undergo an issuance of a notice of proposed rulemaking. appropriate physical examination prior to a Such discussions shall not be construed to per- launch or reentry under this chapter. This sub- mit the Secretary to promulgate industry reg- paragraph shall cease to be in effect three years ulations except as otherwise provided in this after the date of enactment of the Commercial section. Space Launch Amendments Act of 2004. (5) INTERIM VOLUNTARY INDUSTRY CONSENSUS (B) The Secretary may issue additional regula- STANDARDS REPORTS.— tions setting reasonable requirements for space (A) IN GENERAL.—Not later than December flight participants, including medical and train- 31, 2016, and every 30 months thereafter until ing requirements. Such regulations shall not be December 31, 2021, the Secretary, in con- effective before the expiration of 3 years after sultation and coordination with the com- the date of enactment of the Commercial Space mercial space sector, including the Commer- Launch Amendments Act of 2004. cial Space Transportation Advisory Commit- (c) SAFETY REGULATIONS.— tee, or its successor organization, shall sub- (1) IN GENERAL.—The Secretary may issue mit to the Committee on Commerce, regulations governing the design or operation Science, and Transportation of the Senate of a launch vehicle to protect the health and and the Committee on Science, Space, and safety of crew, government astronauts, and Technology of the House of Representatives space flight participants. a report on the progress of the commercial (2) REGULATIONS.—Regulations issued under space transportation industry in developing this subsection shall— voluntary industry consensus standards that (A) describe how such regulations would be promote best practices to improve industry applied when the Secretary is determining safety. whether to issue a license under this chap- (B) CONTENTS.—The report shall include, ter; at a minimum— (B) apply only to launches in which a vehi- (i) any voluntary industry consensus cle will be carrying a human being for com- standards that have been accepted by the pensation or hire; industry at large; (C) be limited to restricting or prohibiting (ii) the identification of areas that have design features or operating practices that— the potential to become voluntary indus- (i) have resulted in a serious or fatal in- try consensus standards that are currently jury (as defined in 49 CFR 830, as in effect under consideration by the industry at on November 10, 2004) to crew, government large; astronauts, or space flight participants (iii) an assessment from the Secretary during a licensed or permitted commercial on the general progress of the industry in human space flight; or adopting voluntary industry consensus (ii) contributed to an unplanned event or standards; series of events during a licensed or per- (iv) any lessons learned about voluntary mitted commercial human space flight industry consensus standards, best prac- that posed a high risk of causing a serious tices, and commercial space launch oper- or fatal injury (as defined in 49 CFR 830, as ations; Page 101 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50905

(v) any lessons learned associated with (C) whether the areas identified in the re- the development, potential application, ports under paragraph (5) are appropriate for and acceptance of voluntary industry con- regulatory action, or further development of sensus standards, best practices, and com- voluntary industry consensus standards, mercial space launch operations; and considering the progress evaluated in sub- (vi) recommendations, findings, or obser- paragraphs (A) and (B) of this paragraph. vations from the Commercial Space Trans- (9) LEARNING PERIOD.—Beginning on October portation Advisory Committee, or its suc- 1, 2023, the Secretary may propose regulations cessor organization, on the progress of the under this subsection without regard to sub- industry in developing voluntary industry paragraphs (C) and (D) of paragraph (2). The consensus standards that promote best practices to improve industry safety. development of any such regulations shall take into consideration the evolving standards (6) REPORT.—Not later than 270 days after of the commercial space flight industry as the date of enactment of the SPACE Act of identified in the reports published under para- 2015, the Secretary, in consultation and co- graphs (5), (6), and (7). ordination with the commercial space sector, (10) RULE OF CONSTRUCTION.—Nothing in this including the Commercial Space Transpor- subsection shall be construed to limit the au- tation Advisory Committee, or its successor thority of the Secretary to issue requirements organization, shall submit to the Committee or regulations to protect the public health and on Commerce, Science, and Transportation of safety, safety of property, national security the Senate and the Committee on Science, interests, and foreign policy interests of the Space, and Technology of the House of Rep- United States. resentatives a report specifying key industry metrics that might indicate readiness of the (d) PROCEDURES AND TIMETABLES.—The Sec- commercial space sector and the Department retary shall establish procedures and timetables of Transportation to transition to a safety that expedite review of a license or permit appli- framework that may include regulations cation and reduce the regulatory burden for an under paragraph (9) that considers space flight applicant. participant, government astronaut, and crew (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1333, safety. § 70105 of title 49; Pub. L. 105–303, title I, (7) REPORTS.—Not later than March 31 of § 102(a)(6), Oct. 28, 1998, 112 Stat. 2848; Pub. L. each of 2018 and 2022, the Secretary, in con- 108–492, § 2(c)(6)–(15), Dec. 23, 2004, 118 Stat. sultation and coordination with the commer- 3976–3979; renumbered § 70105 then § 50905 of title cial space sector, including the Commercial 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(E), Space Transportation Advisory Committee, or (5)(F), Dec. 18, 2010, 124 Stat. 3440, 3441; Pub. L. its successor organization, shall submit to the 112–95, title VIII, § 827, Feb. 14, 2012, 126 Stat. 133; Committee on Commerce, Science, and Trans- Pub. L. 114–55, title I, § 102(e), Sept. 30, 2015, 129 portation of the Senate and the Committee on Stat. 523; Pub. L. 114–90, title I, §§ 111, 112(l), Nov. Science, Space, and Technology of the House 25, 2015, 129 Stat. 709, 713.) of Representatives a report that identifies the activities, described in this subsection and HISTORICAL AND REVISION NOTES subsection (d) most appropriate for a new safe- Revised Source (U.S. Code) Source (Statutes at Large) ty framework that may include regulatory ac- Section tion, if any, and a proposed transition plan for 70105(a) ...... 49 App.:2606 (1st sen- Oct. 30, 1984, Pub. L. 98–575, such safety framework. tence). §§ 7 (1st sentence), 8, 9(a), (8) INDEPENDENT REVIEW.—Not later than De- (b), 98 Stat. 3058. 49 App.:2608(a) (1st cember 31, 2022, an independent systems engi- sentence), (b) (1st, neering and technical assistance organization 3d, last sen- tences). or standards development organization con- 70105(b)(1) .. 49 App.:2607(a)(1). tracted by the Secretary shall submit to the 70105(b) 49 App.:2608(b) (2d (2)(A). sentence). Committee on Commerce, Science, and Trans- 70105(b) 49 App.:2607(b). portation of the Senate and the Committee on (2)(B). 70105(b) 49 App.:2607(a)(2). Science, Space, and Technology of the House (2)(C). of Representatives an assessment of the readi- 70105(b)(3) .. 49 App.:2607(c). 70105(c) ...... 49 App.:2608(a) (last ness of the commercial space industry and the sentence). Federal Government to transition to a safety framework that may include regulations. As In subsection (a), the words ‘‘for launching one or part of the review, the contracted organiza- more launch vehicles or for operating one or more tion shall evaluate— launch sites, or both’’ in 49 App.:2606 are omitted as surplus. (A) the progress of the commercial space In subsection (b)(2)(C), the words ‘‘that would other- industry in adopting voluntary industry con- wise apply to the launch of a launch vehicle or the op- sensus standards as reported by the Sec- eration of a launch site’’ are omitted as surplus. The retary in the interim assessments included words ‘‘the head of’’ are added for consistency in the re- in the reports under paragraph (5); vised title and with other titles of the United States (B) the progress of the commercial space Code. industry toward meeting the key industry REFERENCES IN TEXT metrics identified by the report under para- Subsection (b)(2)(D), referred to in subsec. (a)(1), was graph (6), including the knowledge and oper- redesignated subsection (b)(2)(E) by Pub. L. 108–492, ational experience obtained by the commer- § 2(c)(10), Dec. 23, 2004, 118 Stat. 3977. cial space industry while providing services The date of enactment of the Commercial Space for compensation or hire; and Launch Amendments Act of 2004, referred to in subsec. § 50906 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 102

(b)(4)(B), (6), is the date of enactment of Pub. L. 108–492, Subsec. (c). Pub. L. 108–492, § 2(c)(14), added subsec. which was approved Dec. 23, 2004. (c). Former subsec. (c) redesignated (d). The date of enactment of the SPACE Act of 2015, re- Subsec. (d). Pub. L. 108–492, § 2(c)(14), (15), redesig- ferred to in subsec. (c)(6), is the date of enactment of nated subsec. (c) as (d) and inserted ‘‘or permit’’ after title I of Pub. L. 114–90, which was approved Nov. 25, ‘‘of a license’’. 2015. 1998—Subsec. (a). Pub. L. 105–303, § 102(a)(6)(B), sub- stituted ‘‘accepting an application in accordance with AMENDMENTS criteria established pursuant to subsection (b)(2)(D)’’ 2015—Subsec. (a)(2). Pub. L. 114–90, § 112(l)(1), sub- for ‘‘receiving an application’’ in two places. stituted ‘‘crew, government astronauts, and space Pub. L. 105–303, § 102(a)(6)(A), (C), designated existing flight participants’’ for ‘‘crews and space flight partici- provisions as par. (1), inserted ‘‘The Secretary shall pants’’. transmit to the Committee on Science of the House of Subsec. (b)(2)(D). Pub. L. 114–90, § 112(l)(2), substituted Representatives and the Committee on Commerce, ‘‘crew, government astronauts, or space flight partici- Science, and Transportation of the Senate a written pants’’ for ‘‘crew or space flight participants’’. notice not later than 30 days after any occurrence when Subsec. (c)(1). Pub. L. 114–90, §§ 111(1), 112(l)(3)(A), in- a license is not issued within the deadline established serted ‘‘IN GENERAL.—’’ before ‘‘The Secretary’’ and by this subsection.’’ at end of par. (1), and added par. substituted ‘‘crew, government astronauts, and space (2). flight participants’’ for ‘‘crew and space flight partici- Subsec. (b)(1). Pub. L. 105–303, § 102(a)(6)(D), inserted pants’’. ‘‘or a reentry site, or the reentry of a reentry vehicle,’’ Subsec. (c)(2). Pub. L. 114–90, § 111(2), inserted ‘‘REGU- after ‘‘operation of a launch site’’. LATIONS.—’’ before ‘‘Regulations’’ in introductory pro- Subsec. (b)(2)(A). Pub. L. 105–303, § 102(a)(6)(E), sub- visions. stituted ‘‘, operation, or reentry’’ for ‘‘or operation’’. Subsec. (c)(2)(C). Pub. L. 114–90, § 112(l)(3)(B), sub- Subsec. (b)(2)(D). Pub. L. 105–303, § 102(a)(6)(F)–(H), stituted ‘‘to crew, government astronauts, or space added subpar. (D). flight participants’’ for ‘‘to crew or space flight partici- Subsec. (b)(3). Pub. L. 105–303, § 102(a)(6)(I), inserted pants’’ in cls. (i) and (ii). ‘‘, including the requirement to obtain a license,’’ after Subsec. (c)(3). Pub. L. 114–90, § 111(3), (5), added par. (3) ‘‘waive a requirement’’. and struck out former par. (3) which read as follows: CHANGE OF NAME ‘‘Beginning on April 1, 2016, the Secretary may propose regulations under this subsection without regard to Committee on Science of House of Representatives paragraph (2)(C) and (D). Any such regulations shall changed to Committee on Science and Technology of take into consideration the evolving standards of safe- House of Representatives by House Resolution No. 6, ty in the commercial space flight industry.’’ One Hundred Tenth Congress, Jan. 5, 2007. Committee Pub. L. 114–55 substituted ‘‘April 1, 2016,’’ for ‘‘Octo- on Science and Technology of House of Representatives ber 1, 2015,’’. changed to Committee on Science, Space, and Tech- Subsec. (c)(4). Pub. L. 114–90, § 111(5), added par. (4). nology of House of Representatives by House Resolu- Former par. (4) redesignated (10). tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. Subsec. (c)(5) to (9). Pub. L. 114–90, § 111(5), added pars. (5) to (9). § 50906. Experimental permits Subsec. (c)(10). Pub. L. 114–90, § 111(4), (6), redesig- (a) A person may apply to the Secretary of nated par. (4) as (10) and inserted ‘‘RULE OF CONSTRUC- TION.—’’ before ‘‘Nothing’’. Transportation for an experimental permit 2012—Subsec. (c)(3). Pub. L. 112–95 substituted ‘‘Begin- under this section in the form and manner the ning on October 1, 2015,’’ for ‘‘Beginning 8 years after Secretary prescribes. Consistent with the pro- the date of enactment of the Commercial Space Launch tection of the public health and safety, safety of Amendments Act of 2004,’’. property, and national security and foreign pol- 2010—Pub. L. 111–314, § 4(d)(2), (3)(E), successively re- icy interests of the United States, the Sec- numbered section 70105 of title 49 and section 70105 of retary, not later than 120 days after receiving an this title as this section. Subsec. (b)(5)(A). Pub. L. 111–314, § 4(d)(5)(F), sub- application pursuant to this section, shall issue stituted ‘‘section 50914(a)(2) and (c)’’ for ‘‘section a permit if the Secretary decides in writing that 70112(a)(2) and (c)’’. the applicant complies, and will continue to 2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(6)(A), sub- comply, with this chapter and regulations pre- stituted ‘‘the Secretary has not taken action on a li- scribed under this chapter. The Secretary shall cense application’’ for ‘‘a license is not issued’’. inform the applicant of any pending issue and 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 participants, to the extent permitted by subsections (b) days after receiving an application. The Sec- and (c))’’ after ‘‘or personnel’’. retary shall transmit to the Committee on Subsec. (b)(1). Pub. L. 108–492, § 2(c)(7), inserted ‘‘or Science of the House of Representatives and permit’’ after ‘‘for a license’’. Committee on Commerce, Science, and Trans- Subsec. (b)(2)(B). Pub. L. 108–492, § 2(c)(8), substituted portation of the Senate a written notice not ‘‘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 end. the deadline established by this section. Subsec. (b)(2)(D). Pub. L. 108–492, § 2(c)(10), added sub- (b) In carrying out subsection (a), the Sec- par. (D). Former subpar. (D) redesignated (E). retary may establish procedures for safety ap- Subsec. (b)(2)(E). Pub. L. 108–492, § 2(c)(10), (11), redes- provals of launch vehicles, reentry vehicles, ignated subpar. (D) as (E) and inserted ‘‘or permit’’ safety systems, processes, services, or personnel 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 a launch vehicle or a reentry vehicle without a license (c) In order to encourage the development of a or permit if a human being will be on board.’’ commercial space flight industry, the Secretary Subsec. (b)(4) to (6). Pub. L. 108–492, § 2(c)(13), added may when issuing permits use the authority pars. (4) to (6). granted under section 50905(b)(2)(C). Page 103 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50907

(d) The Secretary may issue a permit only for Subsec. (e)(2). Pub. L. 114–90, § 104(2)(B), inserted ‘‘or reusable suborbital rockets or reusable launch launch vehicle’’ after ‘‘the suborbital rocket’’. vehicles that will be launched into a suborbital Subsec. (g). Pub. L. 114–90, § 104(3), amended subsec. trajectory or reentered under that permit solely (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘A permit may not be issued for, and a permit for— that has already been issued shall cease to be valid for, (1) research and development to test design a particular design for a reusable suborbital rocket concepts, equipment, or operating techniques; after a license has been issued for the launch or reentry (2) showing compliance with requirements as of a rocket of that design.’’ part of the process for obtaining a license Subsec. (h). Pub. L. 114–90, § 104(4), inserted ‘‘or reus- under this chapter; or able launch vehicle’’ after ‘‘suborbital rocket’’. (3) crew training for a launch or reentry 2010—Pub. L. 111–314, § 4(d)(2), (3)(F), successively re- using the design of the rocket or vehicle for numbered section 70105a of title 49 and section 70105a of this title as this section. which the permit would be issued. Subsec. (c). Pub. L. 111–314, § 4(d)(5)(G), substituted (e) Permits issued under this section shall— ‘‘section 50905(b)(2)(C)’’ for ‘‘section 70105(b)(2)(C)’’. (1) authorize an unlimited number of Subsec. (i). Pub. L. 111–314, § 4(d)(5)(H), substituted launches and reentries for a particular sub- ‘‘sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923’’ for ‘‘sections 70106, 70107, 70108, orbital rocket or suborbital rocket design, or 70109, 70110, 70112, 70115, 70116, 70117, and 70121’’ in intro- for a particular reusable launch vehicle or re- ductory provisions. usable launch vehicle design, for the uses de- scribed in subsection (d); and CHANGE OF NAME (2) specify the type of modifications that Committee on Science of House of Representatives may be made to the suborbital rocket or changed to Committee on Science and Technology of launch vehicle without changing the design to House of Representatives by House Resolution No. 6, an extent that would invalidate the permit. One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives (f) Permits shall not be transferable. changed to Committee on Science, Space, and Tech- (g) The Secretary may issue a permit under nology of House of Representatives by House Resolu- this section notwithstanding any license issued tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. under this chapter. The issuance of a license under this chapter may not invalidate a permit § 50907. Monitoring activities issued under this section. (a) GENERAL REQUIREMENTS.—A licensee under (h) No person may operate a reusable sub- this chapter must allow the Secretary of Trans- orbital rocket or reusable launch vehicle under portation to place an officer or employee of the a permit for carrying any property or human United States Government or another individual being for compensation or hire. as an observer at a launch site or reentry site (i) For the purposes of sections 50907, 50908, the licensee uses, at a production facility or as- 50909, 50910, 50912, 50914, 50917, 50918, 50919, and sembly site a contractor of the licensee uses to 50923 of this chapter— produce or assemble a launch vehicle or reentry (1) a permit shall be considered a license; vehicle, at a site not owned or operated by the (2) the holder of a permit shall be considered Federal Government or a foreign government a licensee; used for crew, government astronaut, or space (3) a vehicle operating under a permit shall flight participant training, or at a site at which be considered to be licensed; and a payload is integrated with a launch vehicle or (4) the issuance of a permit shall be consid- reentry vehicle. The observer will monitor the ered licensing. activity of the licensee or contractor at the This subsection shall not be construed to allow time and to the extent the Secretary considers the transfer of a permit. reasonable to ensure compliance with the li- cense or to carry out the duties of the Secretary (Added Pub. L. 108–492, § 2(c)(16), Dec. 23, 2004, 118 under sections 50904(c), 50905, and 50906 of this Stat. 3979, § 70105a of title 49; renumbered § 70105a title. A licensee must cooperate with an ob- then § 50906 of title 51 and amended Pub. L. server carrying out this subsection. 111–314, § 4(d)(2), (3)(F), (5)(G), (H), Dec. 18, 2010, (b) CONTRACTS.—To the extent provided in ad- 124 Stat. 3440–3442; Pub. L. 114–90, title I, § 104, vance in an appropriation law, the Secretary Nov. 25, 2015, 129 Stat. 706.) may make a contract with a person to carry out AMENDMENTS subsection (a) of this section. 2015—Subsec. (d). Pub. L. 114–90, § 104(1)(A), sub- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, stituted ‘‘or reusable launch vehicles that will be § 70106 of title 49; Pub. L. 105–303, title I, launched into a suborbital trajectory or reentered § 102(a)(7), Oct. 28, 1998, 112 Stat. 2848; Pub. L. under that permit’’ for ‘‘that will be launched or reen- tered’’ in introductory provisions. 108–492, § 2(c)(17), Dec. 23, 2004, 118 Stat. 3980; re- Subsec. (d)(1). Pub. L. 114–90, § 104(1)(B), amended par. numbered § 70106 then § 50907 of title 51 and (1) generally. Prior to amendment, par. (1) read as fol- amended Pub. L. 111–314, § 4(d)(2), (3)(G), (5)(I), lows: ‘‘research and development to test new design Dec. 18, 2010, 124 Stat. 3440–3442; Pub. L. 114–90, concepts, new equipment, or new operating tech- title I, § 112(m), Nov. 25, 2015, 129 Stat. 713.) niques;’’. Subsec. (d)(3). Pub. L. 114–90, § 104(1)(C), struck out HISTORICAL AND REVISION NOTES ‘‘prior to obtaining a license’’ after ‘‘crew training’’ and inserted ‘‘or vehicle’’ after ‘‘design of the rocket’’. Revised Section Source (U.S. Code) Source (Statutes at Large) Subsec. (e)(1). Pub. L. 114–90, § 104(2)(A), substituted ‘‘suborbital rocket or suborbital rocket design, or for a 70106(a) ...... 49 App.:2613(a). Oct. 30, 1984, Pub. L. 98–575, particular reusable launch vehicle or reusable launch § 14, 98 Stat. 3060. 70106(b) ...... 49 App.:2613(b). vehicle design,’’ for ‘‘suborbital rocket design’’. § 50908 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 104

In subsection (a), the word ‘‘duties’’ is substituted for (B) has modified the license pursuant to sub- ‘‘responsibilities’’ for consistency in the revised title section (b) to sufficiently reduce the likeli- and with other titles of the United States Code. hood of a recurrence of the serious or fatal in- AMENDMENTS jury. 2015—Subsec. (a). Pub. L. 114–90 substituted ‘‘at a site (3) This subsection shall not apply to permits. not owned or operated by the Federal Government or a (e) EFFECTIVE PERIODS OF MODIFICATIONS, SUS- foreign government used for crew, government astro- PENSIONS, AND REVOCATIONS.—Unless the Sec- naut, or space flight participant training’’ for ‘‘at a site retary specifies otherwise, a modification, sus- used for crew or space flight participant training’’. pension, or revocation under this section takes 2010—Pub. L. 111–314, § 4(d)(2), (3)(G), successively re- numbered section 70106 of title 49 and section 70106 of effect immediately and remains in effect during this title as this section. a review under section 50912 of this title. Subsec. (a). Pub. L. 111–314, § 4(d)(5)(I), substituted (f) NOTIFICATION.—The Secretary shall notify ‘‘sections 50904(c), 50905, and 50906’’ for ‘‘sections the licensee in writing of the decision of the 70104(c), 70105, and 70105a’’. Secretary under this section and any action the 2004—Subsec. (a). Pub. L. 108–492 inserted ‘‘at a site Secretary takes or proposes to take based on the used for crew or space flight participant training,’’ decision. after ‘‘assemble a launch vehicle or reentry vehicle,’’ and substituted ‘‘sections 70104(c), 70105, and 70105a’’ for (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, ‘‘section 70104(c)’’. § 70107 of title 49; Pub. L. 108–492, § 2(c)(18), (19), 1998—Subsec. (a). Pub. L. 105–303, in first sentence, in- Dec. 23, 2004, 118 Stat. 3980; renumbered § 70107 serted ‘‘or reentry site’’ after ‘‘observer at a launch then § 50908 of title 51 and amended Pub. L. site’’ and ‘‘or reentry vehicle’’ after ‘‘assemble a launch 111–314, § 4(d)(2), (3)(H), (5)(J), (K), Dec. 18, 2010, vehicle’’ and after ‘‘with a launch vehicle’’. 124 Stat. 3440–3442; Pub. L. 114–90, title I, § 112(n), § 50908. Effective periods, and modifications, sus- Nov. 25, 2015, 129 Stat. 713.) pensions, and revocations, of licenses HISTORICAL AND REVISION NOTES (a) EFFECTIVE PERIODS OF LICENSES.—The Sec- Revised retary of Transportation shall specify the period Section Source (U.S. Code) Source (Statutes at Large) for which a license issued or transferred under 70107(a) ...... 49 App.:2606 (last Oct. 30, 1984, Pub. L. 98–575, this chapter is in effect. sentence). §§ 7 (last sentence), 10, 98 (b) MODIFICATIONS.—(1) On the initiative of the Stat. 3058, 3059. 70107(b) ...... 49 App.:2609(b). Secretary or on application of the licensee, the 70107(c) ...... 49 App.:2609(a). Secretary may modify a license issued or trans- 70107(d) ...... 49 App.:2609(c). ferred under this chapter if the Secretary de- 70107(e) ...... 49 App.:2609(d). cides the modification will comply with this In subsection (a), the words ‘‘of time’’ and ‘‘in accord- chapter. ance with regulations issued under this chapter’’ are (2) The Secretary shall modify a license issued omitted as surplus. or transferred under this chapter whenever a In subsection (b), the words ‘‘the requirements of’’ modification is needed for the license to be in are omitted as surplus. conformity with a regulation that was issued In subsection (e), the words ‘‘Whenever the Secretary takes any action’’ are omitted as surplus. pursuant to section 50905(c) after the issuance of the license. This paragraph shall not apply to AMENDMENTS permits. 2015—Subsec. (d)(1). Pub. L. 114–90 substituted ‘‘to any (c) SUSPENSIONS AND REVOCATIONS.—The Sec- human being’’ for ‘‘to crew or space flight partici- retary may suspend or revoke a license if the pants’’ in two places. Secretary decides that— 2010—Pub. L. 111–314, § 4(d)(2), (3)(H), successively re- (1) the licensee has not complied substan- numbered section 70107 of title 49 and section 70107 of this title as this section. tially with a requirement of this chapter or a Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(J), substituted regulation prescribed under this chapter; or ‘‘section 50905(c)’’ for ‘‘section 70105(c)’’. (2) the suspension or revocation is necessary Subsec. (e). Pub. L. 111–314, § 4(d)(5)(K), substituted to protect the public health and safety, the ‘‘section 50912’’ for ‘‘section 70110’’. safety of property, or a national security or 2004—Subsec. (b). Pub. L. 108–492, § 2(c)(18), designated foreign policy interest of the United States. existing text as par. (1) and added par. (2). Subsecs. (d) to (f). Pub. L. 108–492, § 2(c)(19), added (d) ADDITIONAL SUSPENSIONS.—(1) The Sec- subsec. (d) and redesignated former subsecs. (d) and (e) retary may suspend a license when a previous as (e) and (f), respectively. launch or reentry under the license has resulted § 50909. Prohibition, suspension, and end of in a serious or fatal injury (as defined in 49 CFR launches, operation of launch sites and re- 830, as in effect on November 10, 2004) to any entry sites, and reentries human being and the Secretary has determined that continued operations under the license are (a) GENERAL AUTHORITY.—The Secretary of likely to cause additional serious or fatal injury Transportation may prohibit, suspend, or end (as defined in 49 CFR 830, as in effect on Novem- immediately the launch of a launch vehicle or ber 10, 2004) to any human being. the operation of a launch site or reentry site, or (2) Any suspension imposed under this sub- reentry of a reentry vehicle, licensed under this section shall be for as brief a period as possible chapter if the Secretary decides the launch or and, in any event, shall cease when the Sec- operation or reentry is detrimental to the public retary— health and safety, the safety of property, or a (A) has determined that the licensee has national security or foreign policy interest of taken sufficient steps to reduce the likelihood the United States. of a recurrence of the serious or fatal injury; (b) EFFECTIVE PERIODS OF ORDERS.—An order or under this section takes effect immediately and Page 105 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50911 remains in effect during a review under section bered § 70109 then § 50910 of title 51, Pub. L. 50912 of this title. 111–314, § 4(d)(2), (3)(J), Dec. 18, 2010, 124 Stat. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, 3440, 3441.) § 70108 of title 49; Pub. L. 105–303, title I, HISTORICAL AND REVISION NOTES § 102(a)(8), Oct. 28, 1998, 112 Stat. 2848; renum- Revised bered § 70108 then § 50909 of title 51 and amended Section Source (U.S. Code) Source (Statutes at Large) Pub. L. 111–314, § 4(d)(2), (3)(I), (5)(L), Dec. 18, 2010, 124 Stat. 3440–3442.) 70109(a) ...... 49 App.:2614(b)(4)(A) Oct. 30, 1984, Pub. L. 98–575, (1st, last sen- 98 Stat. 3055, § 15(b)(4); tences). added Nov. 15, 1988, Pub. HISTORICAL AND REVISION NOTES L. 100–657, § 7, 102 Stat. 3906. Revised 70109(b) ...... 49 App.:2614(b)(4)(A) Section Source (U.S. Code) Source (Statutes at Large) (2d sentence). 70109(c) ...... 49 App.:2614(b)(4)(B). 70108(a) ...... 49 App.:2610(a). Oct. 30, 1984, Pub. L. 98–575, § 11, 98 Stat. 3059. 70108(b) ...... 49 App.:2610(b). AMENDMENTS 2010—Pub. L. 111–314 successively renumbered section AMENDMENTS 70109 of title 49 and section 70109 of this title as this 2010—Pub. L. 111–314, § 4(d)(2), (3)(I), successively re- section. numbered section 70108 of title 49 and section 70108 of 1998—Pub. L. 105–303, § 102(a)(9)(A), substituted ‘‘Pre- this title as this section. emption of scheduled launches or reentries’’ for ‘‘Pre- Subsec. (b). Pub. L. 111–314, § 4(d)(5)(L), substituted emption of scheduled launches’’ in section catchline. ‘‘section 50912’’ for ‘‘section 70110’’. Subsec. (a). Pub. L. 105–303, § 102(a)(9)(B), inserted ‘‘or 1998—Pub. L. 105–303, § 102(a)(8)(A), substituted ‘‘Pro- reentry’’ after ‘‘ensure that a launch’’, ‘‘, reentry site,’’ hibition, suspension, and end of launches, operation of after ‘‘United States Government launch site’’, ‘‘or re- launch sites and reentry sites, and reentries’’ for ‘‘Pro- entry date commitment’’ after ‘‘launch date commit- hibition, suspension, and end of launches and operation ment’’, ‘‘or reentry’’ after ‘‘obtained for a launch’’, of launch sites’’ in section catchline. ‘‘, reentry site,’’ after ‘‘access to a launch site’’, ‘‘, or Subsec. (a). Pub. L. 105–303, § 102(a)(8)(B), inserted ‘‘or services related to a reentry,’’ after ‘‘amount for reentry site, or reentry of a reentry vehicle,’’ after ‘‘op- launch services’’, and ‘‘or reentry’’ after ‘‘the scheduled eration of a launch site’’ and ‘‘or reentry’’ after launch’’. ‘‘launch or operation’’. Subsec. (c). Pub. L. 105–303, § 102(a)(9)(C), inserted ‘‘or reentry’’ after ‘‘prompt launching’’. § 50910. Preemption of scheduled launches or re- § 50911. Space advertising entries (a) LICENSING.—Notwithstanding the provi- (a) GENERAL.—With the cooperation of the sions of this chapter or any other provision of Secretary of Defense and the Administrator of law, the Secretary may not, for the launch of a the National Aeronautics and Space Administra- payload containing any material to be used for tion, the Secretary of Transportation shall act the purposes of obtrusive space advertising— to ensure that a launch or reentry of a payload (1) issue or transfer a license under this is not preempted from access to a United States chapter; or Government launch site, reentry site, or launch (2) waive the license requirements of this property, except for imperative national need, chapter. when a launch date commitment or reentry date commitment from the Government has been ob- (b) LAUNCHING.—No holder of a license under tained for a launch or reentry licensed under this chapter may launch a payload containing this chapter. A licensee or transferee preempted any material to be used for purposes of obtru- from access to a launch site, reentry site, or sive space advertising. launch property does not have to pay the Gov- (c) COMMERCIAL SPACE ADVERTISING.—Nothing ernment any amount for launch services, or in this section shall apply to nonobtrusive com- services related to a reentry, attributable only mercial space advertising, including advertising to the scheduled launch or reentry prevented by on— the preemption. (1) commercial space transportation vehi- (b) IMPERATIVE NATIONAL NEED DECISIONS.—In cles; consultation with the Secretary of Transpor- (2) space infrastructure payloads; tation, the Secretary of Defense or the Adminis- (3) space launch facilities; and trator shall decide when an imperative national (4) launch support facilities. need requires preemption under subsection (a) of (Added Pub. L. 106–391, title III, § 322(b), Oct. 30, this section. That decision may not be dele- 2000, 114 Stat. 1598, § 70109a of title 49; renum- gated. bered § 70109a then § 50911 of title 51, Pub. L. (c) REPORTS.—In cooperation with the Sec- 111–314, § 4(d)(2), (3)(K), Dec. 18, 2010, 124 Stat. retary of Transportation, the Secretary of De- 3440, 3441.) fense or the Administrator, as appropriate, shall submit to Congress not later than 7 days after a AMENDMENTS decision to preempt under subsection (a) of this 2010—Pub. L. 111–314 successively renumbered section section, a report that includes an explanation of 70109a of title 49 and section 70109a of this title as this the circumstances justifying the decision and a section. schedule for ensuring the prompt launching or NEGOTIATION WITH FOREIGN LAUNCHING NATIONS reentry of a preempted payload. Pub. L. 106–391, title III, § 322(c), Oct. 30, 2000, 114 Stat. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, 1598, provided that: § 70109 of title 49; Pub. L. 105–303, title I, ‘‘(1) The President is requested to negotiate with for- § 102(a)(9), Oct. 28, 1998, 112 Stat. 2849; renum- eign launching nations for the purpose of reaching one § 50912 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 106 or more agreements that prohibit the use of outer AMENDMENTS 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. to enforce the terms of any agreement to prohibit the Subsec. (a)(1). Pub. L. 111–314, § 4(d)(5)(M), substituted use of outer space for obtrusive space advertising pur- ‘‘section 50905(a) or 50906’’ for ‘‘section 70105(a) or poses. 70105a’’. ‘‘(3) As used in this subsection, the term ‘foreign Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(N), substituted launching nation’ means a nation— ‘‘section 50904(c)’’ for ‘‘section 70104(c)’’. ‘‘(A) that launches, or procures the launching of, a Subsec. (a)(3)(A). Pub. L. 111–314, § 4(d)(5)(O), sub- payload into outer space; or stituted ‘‘section 50908(b) or (c)’’ for ‘‘section 70107(b) or ‘‘(B) from the territory or facility of which a pay- (c)’’. load is launched into outer space.’’ Subsec. (a)(3)(B). Pub. L. 111–314, § 4(d)(5)(P), sub- stituted ‘‘section 50909(a)’’ for ‘‘section 70108(a)’’. § 50912. Administrative hearings and judicial re- 2004—Subsec. (a)(1). Pub. L. 108–492 inserted ‘‘or view 70105a’’ after ‘‘70105(a)’’. 1998—Subsec. (a)(2). Pub. L. 105–303, § 102(a)(10)(A), in- (a) ADMINISTRATIVE HEARINGS.—The Secretary serted ‘‘or reentry’’ after ‘‘prevent the launch’’. of Transportation shall provide an opportunity Subsec. (a)(3)(B). Pub. L. 105–303, § 102(a)(10)(B), in- for a hearing on the record to— serted ‘‘or reentry site, or reentry of a reentry vehi- (1) an applicant under this chapter, for a de- cle,’’ after ‘‘operation of a launch site’’ cision of the Secretary under section 50905(a) § 50913. Acquiring United States Government or 50906 of this title to issue or transfer a li- property and services cense with terms or deny the issuance or transfer of a license; (a) GENERAL REQUIREMENTS AND CONSIDER- (2) an owner or operator of a payload under ATIONS.—(1) The Secretary of Transportation this chapter, for a decision of the Secretary shall facilitate and encourage the acquisition by under section 50904(c) of this title to prevent the private sector and State governments of— the launch or reentry of the payload; and (A) launch or reentry property of the United (3) a licensee under this chapter, for a deci- States Government that is excess or otherwise sion of the Secretary under— is not needed for public use; and (B) launch services and reentry services, in- (A) section 50908(b) or (c) of this title to cluding utilities, of the Government otherwise modify, suspend, or revoke a license; or not needed for public use. (B) section 50909(a) of this title to prohibit, suspend, or end a launch or operation of a (2) In acting under paragraph (1) of this sub- launch site or reentry site, or reentry of a section, the Secretary shall consider the com- reentry vehicle, licensed by the Secretary. mercial availability on reasonable terms of sub- stantially equivalent launch property or launch (b) JUDICIAL REVIEW.—A final action of the services or reentry services from a domestic Secretary under this chapter is subject to judi- source, whether such source is located on or off cial review as provided in chapter 7 of title 5. a Federal range. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, (b) PRICE.—(1) In this subsection, ‘‘direct § 70110 of title 49; Pub. L. 105–303, title I, costs’’ means the actual costs that— § 102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. (A) can be associated unambiguously with a 108–492, § 2(c)(20), Dec. 23, 2004, 118 Stat. 3981; re- commercial launch or reentry effort; and numbered § 70110 then § 50912 of title 51 and (B) the Government would not incur if there amended Pub. L. 111–314, § 4(d)(2), (3)(L), were no commercial launch or reentry effort. (5)(M)–(P), Dec. 18, 2010, 124 Stat. 3440–3442.) (2) In consultation with the Secretary, the HISTORICAL AND REVISION NOTES head of the executive agency providing the prop- erty or service under subsection (a) of this sec- Revised tion shall establish the price for the property or Section Source (U.S. Code) Source (Statutes at Large) service. The price for— 70110(a)(1) .. 49 App.:2611(a)(1) Oct. 30, 1984, Pub. L. 98–575, (A) acquiring launch property by sale or (1st sentence). § 12, 98 Stat. 3060. 70110(a)(2) .. 49 App.:2611(a)(1) transaction instead of sale is the fair market (last sentence). value; 70110(a)(3) .. 49 App.:2611(a)(2). 70110(b) ...... 49 App.:2611(b). (B) acquiring launch property (except by sale or transaction instead of sale) is an In subsection (a), before clause (1), the words ‘‘The amount equal to the direct costs, including Secretary of Transportation shall provide an oppor- specific wear and tear and property damage, tunity for a hearing on the record to’’ are substituted the Government incurred because of acquisi- for ‘‘shall be entitled to a determination on the record tion of the property; and after an opportunity for a hearing’’ for consistency in (C) launch services or reentry services is an the revised title. The words ‘‘in accordance with sec- amount equal to the direct costs, including tion 554 of title 5’’ are omitted for consistency and be- cause 5:554 applies to a hearing on the record unless the basic pay of Government civilian and con- otherwise stated. In clause (1), the words ‘‘and a pro- tractor personnel, the Government incurred posed transferee of a license’’ are omitted as being in- because of acquisition of the services. cluded in ‘‘applicant’’. (3) The Secretary shall ensure the establish- In subsection (b), the words ‘‘to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify ment of uniform guidelines for, and consistent a license or to terminate, prohibit, or suspend any implementation of, this section by all Federal launch or operation of a launch site licensed by the agencies. Secretary or to prevent the launch of a payload’’ are (c) COLLECTION BY SECRETARY.—The Secretary omitted as surplus. may collect a payment under this section with Page 107 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50914 the consent of the head of the executive agency and substituted ‘‘source, whether such source is located establishing the price. Amounts collected under on or off a Federal range’’ for ‘‘source’’. this subsection shall be deposited in the Treas- Subsec. (b)(1)(A), (B). Pub. L. 105–303, § 102(a)(11)(E), ury. Amounts (except for excess launch prop- inserted ‘‘or reentry’’ after ‘‘commercial launch’’. Subsec. (b)(2)(C). Pub. L. 105–303, § 102(a)(11)(F), in- erty) shall be credited to the appropriation from serted ‘‘or reentry services’’ after ‘‘launch services’’. which the cost of providing the property or serv- Subsec. (b)(3). Pub. L. 105–303, § 102(a)(11)(G), added ices was paid. par. (3). (d) COLLECTION BY OTHER GOVERNMENTAL Subsec. (d). Pub. L. 105–303, § 102(a)(11)(H), (I), sub- HEADS.—The head of a department, agency, or stituted ‘‘or reentry vehicle, or the payload of either, instrumentality of the Government may collect for launch or reentry’’ for ‘‘or its payload for launch’’ a payment for an activity involved in producing and inserted ‘‘, reentry vehicle,’’ after ‘‘manufacturer a launch vehicle or reentry vehicle, or the pay- of the launch vehicle’’. load of either, for launch or reentry if the activ- § 50914. Liability insurance and financial respon- ity was agreed to by the owner or manufacturer sibility requirements of the launch vehicle, reentry vehicle, or pay- load. (a) GENERAL REQUIREMENTS.—(1) When a launch or reentry license is issued or transferred (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1335, under this chapter, the licensee or transferee § 70111 of title 49; Pub. L. 105–303, title I, shall obtain liability insurance or demonstrate § 102(a)(11), Oct. 28, 1998, 112 Stat. 2849; renum- financial responsibility in amounts to com- bered § 70111 then § 50913 of title 51, Pub. L. pensate for the maximum probable loss from 111–314, § 4(d)(2), (3)(M), Dec. 18, 2010, 124 Stat. claims by— 3440, 3441.) (A) a third party for death, bodily injury, or HISTORICAL AND REVISION NOTES property damage or loss resulting from an ac- tivity carried out under the license; and Revised Section Source (U.S. Code) Source (Statutes at Large) (B) the United States Government against a person for damage or loss to Government prop- 70111(a) ...... 49 App.:2614(a). Oct. 30, 1984, Pub. L. 98–575, § 15(a), 98 Stat. 3060; Nov. erty resulting from an activity carried out 15, 1988, Pub. L. 100–657, under the license. § 4(a), 102 Stat. 3900; Nov. 16, 1990, Pub. L. 101–611, (2) The Secretary of Transportation shall de- § 117(b), 104 Stat. 3202. 70111(b) ...... 49 App.:2614(b)(1). Oct. 30, 1984, Pub. L. 98–575, termine the amounts required under paragraph § 15(b)(1), 98 Stat. 3061; (1)(A) and (B) of this subsection, after consulting Nov. 15, 1988, Pub. L. 100–657, § 4(b), 102 Stat. with the Administrator of the National Aero- 3901. nautics and Space Administration, the Sec- 70111(c) ...... 49 App.:2614(b)(2), Oct. 30, 1984, Pub. L. 98–575, (3). § 15(b)(2), (3), 98 Stat. 3061. retary of the Air Force, and the heads of other 70111(d) ...... 49 App.:2614(d). Oct. 30, 1984, Pub. L. 98–575, appropriate executive agencies. 98 Stat. 3055, § 15(d); added Nov. 15, 1988, Pub. L. (3) For the total claims related to one launch 100–657, § 4(c), 102 Stat. or reentry, a licensee or transferee is not re- 3901. quired to obtain insurance or demonstrate fi- In subsection (a)(1), before clause (A), the words nancial responsibility of more than— ‘‘take such actions as may be necessary to’’ and ‘‘(by (A)(i) $500,000,000 under paragraph (1)(A) of lease, sale, transaction in lieu of sale, or otherwise)’’ this subsection; or are omitted as surplus. (ii) $100,000,000 under paragraph (1)(B) of this In subsections (b)(2) and (c), the words ‘‘the head of’’ subsection; or are added for consistency in the revised title and with (B) the maximum liability insurance avail- other titles of the United States Code. In subsection (b)(2), before clause (A), the word able on the world market at reasonable cost if ‘‘price’’ is substituted for ‘‘amount to be paid to the the amount is less than the applicable amount United States’’ and ‘‘the amount of such payment’’ to in clause (A)(i) or (ii) of this paragraph. eliminate unnecessary words. The words ‘‘by any per- son who acquires launch property or launch services, (4) An insurance policy or demonstration of fi- including utilities’’ are omitted as surplus. In clause nancial responsibility under this subsection (C), the words ‘‘including utilities’’ are omitted as sur- shall protect the following, to the extent of plus. The words ‘‘basic pay’’ are substituted for ‘‘sala- their potential liability for involvement in ries’’ for clarity. launch services or reentry services, at no cost to In subsection (c), the word ‘‘collected’’ is substituted the Government: for ‘‘received’’ for consistency in this section. The (A) the Government. words ‘‘by the United States for launch property or (B) executive agencies and personnel, con- launch services, including utilities’’ and ‘‘the general fund of’’ are omitted as surplus. tractors, and subcontractors of the Govern- In subsection (d), the words ‘‘department, agency, or ment. instrumentality of the Government’’ are substituted (C) contractors, subcontractors, and cus- for ‘‘Federal agency or department’’ for consistency in tomers of the licensee or transferee. the revised title and with other titles of the Code. (D) contractors and subcontractors of the AMENDMENTS customer. (E) space flight participants. 2010—Pub. L. 111–314 successively renumbered section 70111 of title 49 and section 70111 of this title as this (5) Subparagraph (E) of paragraph (4) ceases to section. be effective September 30, 2025. 1998—Subsec. (a)(1)(A). Pub. L. 105–303, § 102(a)(11)(A), (b) RECIPROCAL WAIVER OF CLAIMS.—(1)(A) A inserted ‘‘or reentry’’ after ‘‘launch’’. Subsec. (a)(1)(B). Pub. L. 105–303, § 102(a)(11)(B), in- launch or reentry license issued or transferred serted ‘‘and reentry services’’ after ‘‘launch services’’. under this chapter shall contain a provision re- Subsec. (a)(2). Pub. L. 105–303, § 102(a)(11)(C), (D), in- quiring the licensee or transferee to make a re- serted ‘‘or reentry services’’ after ‘‘or launch services’’ ciprocal waiver of claims with applicable parties § 50914 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 108 involved in launch services or reentry services and availability of insurance on the world mar- under which each party to the waiver agrees to ket. The proposed adjustment takes effect 30 be responsible for personal injury to, death of, days after a report is submitted. or property damage or loss sustained by it or its (e) LAUNCHES OR REENTRIES INVOLVING GOV- own employees resulting from an activity car- ERNMENT FACILITIES AND PERSONNEL.—The Sec- ried out under the applicable license. retary of Transportation shall establish require- (B) In this paragraph, the term ‘‘applicable ments consistent with this chapter for proof of parties’’ means— financial responsibility and other assurances (i) contractors, subcontractors, and cus- necessary to protect the Government and its ex- tomers of the licensee or transferee; ecutive agencies and personnel from liability, (ii) contractors and subcontractors of the death, bodily injury, or property damage or loss customers; and as a result of a launch or operation of a launch (iii) space flight participants. site or reentry site or a reentry involving a fa- (C) Clause (iii) of subparagraph (B) ceases to cility or personnel of the Government. The Sec- be effective September 30, 2025. retary may not relieve the Government of liabil- (2) The Secretary of Transportation shall ity under this subsection for death, bodily in- make, for the Government, executive agencies of jury, or property damage or loss resulting from the Government involved in launch services or the willful misconduct of the Government or its reentry services, and contractors and sub- agents. contractors involved in launch services or re- (f) COLLECTION AND CREDITING PAYMENTS.—The entry services, a reciprocal waiver of claims head of a department, agency, or instrumental- with the licensee or transferee, contractors, sub- ity of the Government shall collect a payment contractors, crew, space flight participants, and owed for damage or loss to Government property customers of the licensee or transferee, and con- under its jurisdiction or control resulting from tractors and subcontractors of the customers, an activity carried out under a launch or re- involved in launch services or reentry services entry license issued or transferred under this under which each party to the waiver agrees to chapter. The payment shall be credited to the be responsible for property damage or loss it current applicable appropriation, fund, or ac- sustains, or for personal injury to, death of, or count of the department, agency, or instrumen- property damage or loss sustained by its own tality. employees or by space flight participants, re- (g) FEDERAL JURISDICTION.—Any claim by a sulting from an activity carried out under the third party or space flight participant for death, applicable license. The waiver applies only to bodily injury, or property damage or loss result- the extent that claims are more than the ing from an activity carried out under the li- amount of insurance or demonstration of finan- cense shall be the exclusive jurisdiction of the cial responsibility required under subsection Federal courts. (a)(1)(B) of this section. After consulting with (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1336, the Administrator and the Secretary of the Air § 70112 of title 49; Pub. L. 104–287, § 5(74), (93), Oct. Force, the Secretary of Transportation may 11, 1996, 110 Stat. 3396, 3398; Pub. L. 105–303, title waive, for the Government and a department, I, § 102(a)(12), Oct. 28, 1998, 112 Stat. 2850; Pub. L. agency, and instrumentality of the Government, 108–492, § 2(c)(21), Dec. 23, 2004, 118 Stat. 3981; re- the right to recover damages for damage or loss numbered § 70112 then § 50914 of title 51, Pub. L. to Government property to the extent insurance 111–314, § 4(d)(2), (3)(N), Dec. 18, 2010, 124 Stat. is not available because of a policy exclusion the 3440, 3441; Pub. L. 114–90, title I, §§ 103(a)(1), 106, Secretary of Transportation decides is usual for 107, Nov. 25, 2015, 129 Stat. 706, 707.) the type of insurance involved. (c) DETERMINATION OF MAXIMUM PROBABLE HISTORICAL AND REVISION NOTES LOSSES.—The Secretary of Transportation shall PUB. L. 103–272 determine the maximum probable losses under Revised subsection (a)(1)(A) and (B) of this section asso- Section Source (U.S. Code) Source (Statutes at Large) ciated with an activity under a license not later than 90 days after a licensee or transferee re- 70112(a)(1), 49 App.:2615(a)(1)(A) Oct. 30, 1984, Pub. L. 98–575, (2). (1st sentence), (B) § 16(a), (c), 98 Stat. 3061; quires a determination and submits all informa- (1st sentence). restated Nov. 15, 1988, tion the Secretary requires. The Secretary shall Pub. L. 100–657, § 5(a), 102 Stat. 3901, 3905. amend the determination as warranted by new 70112(a)(3) .. 49 App.:2615(a)(1)(A) information. (last sentence), (B) (last sen- (d) ANNUAL REPORT.—(1) Not later than No- tence). vember 15 of each year, the Secretary of Trans- 70112(a)(4) .. 49 App.:2615(a)(2). 70112(b)(1) .. 49 App.:2615(a)(1)(C). portation shall submit to the Committee on 70112(b)(2) .. 49 App.:2615(a)(1)(D). Commerce, Science, and Transportation of the 70112(c) ...... 49 App.:2615(a)(3) (1st, 2d sentences). Senate and the Committee on Science of the 70112(d)(1) .. 49 App.:2615(a)(3) House of Representatives a report on current de- (last sentence). 70112(d)(2) .. 49 App.:2615(a)(4). terminations made under subsection (c) of this 70112(e) ...... 49 App.:2614(c). Oct. 30, 1984, Pub. L. 98–575, section related to all issued licenses and the rea- § 15(c), 98 Stat. 3061; re- stated Nov. 15, 1988, Pub. sons for the determinations. L. 100–657, § 5(b), 102 Stat. (2) Not later than May 15 of each year, the 3905. Secretary of Transportation shall review the 70112(f) ...... 49 App.:2615(c). amounts specified in subsection (a)(3)(A) of this In subsection (a), the word ‘‘particular’’ is omitted as section and submit a report to Congress that surplus. contains proposed adjustments in the amounts In subsection (a)(1), before clause (A), the word ‘‘suf- to conform with changed liability expectations ficient’’ is omitted as surplus. In clauses (A) and (B), Page 109 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50915 the words ‘‘in connection with any particular launch’’ House of Representatives by House Resolution No. 6, are omitted as surplus. One Hundred Tenth Congress, Jan. 5, 2007. Committee In subsection (a)(4), before clause (A), the words on Science and Technology of House of Representatives ‘‘made . . . a requirement described in’’ are omitted as changed to Committee on Science, Space, and Tech- surplus. nology of House of Representatives by House Resolu- In subsection (b)(2), the words ‘‘department, agency, tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. and instrumentality of the Government’’ are sub- stituted for ‘‘Federal agency’’ for consistency in the re- EFFECTIVE DATE OF 1996 AMENDMENT vised title and with other titles of the United States Amendment by section 5(93) of Pub. L. 104–287 effec- Code. tive July 5, 1994, see section 8(1) of Pub. L. 104–287, set In subsection (d)(2), the words ‘‘if appropriate’’ are out as a note under section 5303 of Title 49, Transpor- omitted as surplus. tation. In subsection (f), the words ‘‘department, agency, or instrumentality of the Government’’ are substituted TERMINATION OF REPORTING REQUIREMENTS for ‘‘Federal agency or department’’ for consistency in For termination, effective May 15, 2000, of provisions the revised title and with other titles of the Code. The of law requiring submittal to Congress of any annual, words ‘‘insurance proceeds or . . . other’’ and ‘‘proceeds semiannual, or other regular periodic report listed in or other’’ are omitted as surplus. House Document No. 103–7 (in which the 2nd item on PUB. L. 104–287, § 5(93) page 133 identifies a reporting provision which, as sub- This amends 49:70112(a)(3)(B) to clarify a cross-ref- sequently amended, is contained in subsec. (d)(1) of this erence in the codification enacted by section 1 of the section), see section 3003 of Pub. L. 104–66, as amended, Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1337). set out as a note under section 1113 of Title 31, Money and Finance. AMENDMENTS § 50915. Paying claims exceeding liability insur- 2015—Subsec. (a)(4)(E). Pub. L. 114–90, § 103(a)(1)(A), added subpar. (E). ance and financial responsibility require- Subsec. (a)(5). Pub. L. 114–90, § 103(a)(1)(B), added par. ments (5). Subsec. (b)(1). Pub. L. 114–90, § 107, amended par. (1) (a) GENERAL REQUIREMENTS.—(1) To the extent generally. Prior to amendment, par. (1) read as follows: provided in advance in an appropriation law or ‘‘A launch or reentry license issued or transferred to the extent additional legislative authority is under this chapter shall contain a provision requiring enacted providing for paying claims in a com- the licensee or transferee to make a reciprocal waiver pensation plan submitted under subsection (d) of of claims with its contractors, subcontractors, and cus- this section, the Secretary of Transportation tomers, and contractors and subcontractors of the cus- shall provide for the payment by the United tomers, involved in launch services or reentry services under which each party to the waiver agrees to be re- States Government of a successful claim (in- sponsible for property damage or loss it sustains, or for cluding reasonable litigation or settlement ex- personal injury to, death of, or property damage or loss penses) of a third party against a person de- sustained by its own employees resulting from an ac- scribed in paragraph (3)(A) resulting from an ac- tivity carried out under the applicable license.’’ tivity carried out under the license issued or Subsec. (g). Pub. L. 114–90, § 106, added subsec. (g). transferred under this chapter for death, bodily 2010—Pub. L. 111–314 successively renumbered section 70112 of title 49 and section 70112 of this title as this injury, or property damage or loss resulting section. from an activity carried out under the license. 2004—Subsec. (b)(2). Pub. L. 108–492 inserted ‘‘crew, However, claims may be paid under this section space flight participants,’’ after ‘‘transferee, contrac- only to the extent the total amount of success- tors, subcontractors,’’ and ‘‘or by space flight partici- ful claims related to one launch or reentry— pants,’’ after ‘‘its own employees’’. (A) is more than the amount of insurance or 1998—Subsec. (a)(1). Pub. L. 105–303, § 102(a)(12)(A), in- demonstration of financial responsibility re- serted ‘‘launch or reentry’’ before ‘‘license is issued’’. Subsec. (a)(3). Pub. L. 105–303, § 102(a)(12)(B), inserted quired under section 50914(a)(1)(A) of this title; ‘‘or reentry’’ after ‘‘one launch’’ in introductory provi- and sions. (B) is not more than $1,500,000,000 (plus addi- Subsec. (a)(4). Pub. L. 105–303, § 102(a)(12)(C), inserted tional amounts necessary to reflect inflation ‘‘or reentry services’’ after ‘‘launch services’’ in intro- occurring after January 1, 1989) above that in- ductory provisions. Subsec. (b)(1). Pub. L. 105–303, § 102(a)(12)(D)–(F), in- surance or financial responsibility amount. serted ‘‘launch or reentry’’ before ‘‘license issued or (2) The Secretary may not provide for paying transferred’’, ‘‘or reentry services’’ after ‘‘launch serv- a part of a claim for which death, bodily injury, ices’’, and ‘‘applicable’’ after ‘‘carried out under the’’. or property damage or loss results from willful Subsec. (b)(2). Pub. L. 105–303, § 102(a)(12)(E), (F), in- serted ‘‘or reentry services’’ after ‘‘launch services’’ misconduct by the licensee or transferee. To the wherever appearing and ‘‘applicable’’ after ‘‘carried out extent insurance required under section under the’’. 50914(a)(1)(A) of this title is not available to Subsec. (e). Pub. L. 105–303, § 102(a)(12)(G), (H), in- cover a successful third party liability claim be- serted ‘‘or Reentries’’ after ‘‘Launches’’ in heading and cause of an insurance policy exclusion the Sec- ‘‘or reentry site or a reentry’’ after ‘‘launch site’’ in retary decides is usual for the type of insurance text. Subsec. (f). Pub. L. 105–303, § 102(a)(12)(I), inserted involved, the Secretary may provide for paying ‘‘launch or reentry’’ before ‘‘license issued or trans- the excluded claims without regard to the limi- ferred’’. tation contained in section 50914(a)(1). 1996—Subsec. (a)(3)(B). Pub. L. 104–287, § 5(93), sub- (3)(A) A person described in this subparagraph stituted ‘‘clause (A)(i) or (ii)’’ for ‘‘clause (A)’’. is— Subsec. (d)(1). Pub. L. 104–287, § 5(74), substituted (i) a licensee or transferee under this chap- ‘‘Committee on Science’’ for ‘‘Committee on Science, Space, and Technology’’. ter; (ii) a contractor, subcontractor, or customer CHANGE OF NAME of the licensee or transferee; Committee on Science of House of Representatives (iii) a contractor or subcontractor of a cus- changed to Committee on Science and Technology of tomer; or § 50915 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 110

(iv) a space flight participant. (2) The Senate shall consider under this sub- (B) Clause (iv) of subparagraph (A) ceases to be section a compensation plan requiring addi- effective September 30, 2025. 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 committee. or property damage or loss; (4)(A) If the committee of the Senate to which (2) the Government must be given an oppor- a resolution has been referred does not report tunity to participate or assist in the defense of the resolution within 20 calendar days after it is the claim or action; and (3) the Secretary must approve any part of a referred, a motion is in order to discharge the committee from further consideration of the settlement to be paid out of appropriations of resolution or to discharge the committee from the Government. further consideration of the plan. (c) WITHHOLDING PAYMENTS.—The Secretary (B) A motion to discharge may be made only may withhold a payment under subsection (a) of by an individual favoring the resolution and is this section if the Secretary certifies that the highly privileged (except that the motion may amount is not reasonable. However, the Sec- not be made after the committee has reported a retary shall deem to be reasonable the amount resolution on the plan). Debate on the motion is of a claim finally decided by a court of com- limited to one hour, to be divided equally be- petent jurisdiction. tween those favoring and those opposing the res- (d) SURVEYS, REPORTS, AND COMPENSATION olution. An amendment to the motion is not in PLANS.—(1) If as a result of an activity carried order. A motion to reconsider the vote by which out under a license issued or transferred under the motion is agreed to or disagreed to is not in this chapter the total of claims related to one order. launch or reentry is likely to be more than the (C) If the motion to discharge is agreed to or amount of required insurance or demonstration disagreed to, the motion may not be renewed of financial responsibility, the Secretary shall— and another motion to discharge the committee (A) survey the causes and extent of damage; from another resolution on the same plan may and not be made. (B) submit expeditiously to Congress a re- (5)(A) After a committee of the Senate reports, port on the results of the survey. or is discharged from further consideration of, a resolution, a motion to proceed to the consider- (2) Not later than 90 days after a court deter- ation of the resolution is in order at any time, mination indicates that the liability for the even though a similar previous motion has been total of claims related to one launch or reentry disagreed to. The motion is highly privileged may be more than the required amount of insur- and is not debatable. An amendment to the mo- ance or demonstration of financial responsibil- tion is not in order. A motion to reconsider the ity, the President, on the recommendation of vote by which the motion is agreed to or dis- the Secretary, shall submit to Congress a com- agreed to is not in order. pensation plan that— (B) Debate on the resolution referred to in (A) outlines the total dollar value of the subparagraph (A) of this paragraph is limited to claims; not more than 10 hours, to be divided equally be- (B) recommends sources of amounts to pay tween those favoring and those opposing the res- for the claims; olution. A motion further to limit debate is not (C) includes legislative language required to debatable. An amendment to, or motion to re- carry out the plan if additional legislative au- commit, the resolution is not in order. A motion thority is required; and to reconsider the vote by which the resolution is (D) for a single event or incident, may not be agreed to or disagreed to is not in order. for more than $1,500,000,000. (6) The following shall be decided in the Sen- (3) A compensation plan submitted to Con- ate without debate: gress under paragraph (2) of this subsection (A) a motion to postpone related to the dis- shall— charge from committee. (A) have an identification number; and (B) a motion to postpone consideration of a (B) be submitted to the Senate and the resolution. House of Representatives on the same day and (C) a motion to proceed to the consideration when the Senate and House are in session. of other business. (D) an appeal from a decision of the chair re- (e) CONGRESSIONAL RESOLUTIONS.—(1) In this lated to the application of the rules of the subsection, ‘‘resolution’’— Senate to the procedures related to a resolu- (A) means a joint resolution of Congress the tion. matter after the resolving clause of which is as follows: ‘‘That the Congress approves the (f) APPLICATION.—This section applies to a li- compensation plan numbered lllll sub- cense issued or transferred under this chapter mitted to the Congress on lllll ll, for which the Secretary receives a complete and 20ll.’’, with the blank spaces being filled ap- valid application not later than September 30, propriately; but 2025. This section does not apply to permits. (B) does not include a resolution that in- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1338, cludes more than one compensation plan. § 70113 of title 49; Pub. L. 104–287, § 5(94), Oct. 11, Page 111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50916

1996, 110 Stat. 3398; Pub. L. 105–303, title I, PUB. L. 104–287 § 102(a)(13), Oct. 28, 1998, 112 Stat. 2850; Pub. L. This amends 49:70113(e)(6)(D) to correct an error in 106–74, title IV, § 433, Oct. 20, 1999, 113 Stat. 1097; the codification enacted by section 1 of the Act of July Pub. L. 106–377, § 1(a)(1) [title IV, § 429], Oct. 27, 5, 1994 (Public Law 103–272, 108 Stat. 1340). 2000, 114 Stat. 1441, 1441A–56; Pub. L. 106–405, §§ 5(b), 6(a), Nov. 1, 2000, 114 Stat. 1752; Pub. L. AMENDMENTS 108–428, § 1, Nov. 30, 2004, 118 Stat. 2432; Pub. L. 2015—Subsec. (a)(1). Pub. L. 114–90, § 103(a)(2)(A), in in- 108–492, § 2(c)(22), (23), Dec. 23, 2004, 118 Stat. 3981; troductory provisions, substituted ‘‘a person described Pub. L. 111–125, § 1, Dec. 28, 2009, 123 Stat. 3486; in paragraph (3)(A)’’ for ‘‘a licensee or transferee under renumbered § 70113 then § 50915 of title 51 and this chapter, a contractor, subcontractor, or customer amended Pub. L. 111–314, § 4(d)(2), (3)(O), (5)(Q), of the licensee or transferee, or a contractor or sub- (R), Dec. 18, 2010, 124 Stat. 3440–3442; Pub. L. contractor of a customer, but not against a space flight 112–273, § 3, Jan. 14, 2013, 126 Stat. 2454; Pub. L. participant,’’. 113–76, § 8, Jan. 17, 2014, 128 Stat. 7; Pub. L. 114–90, Subsec. (a)(3). Pub. L. 114–90, § 103(a)(2)(B), added par. (3). title I, §§ 102(d), 103(a)(2), Nov. 25, 2015, 129 Stat. Subsec. (f). Pub. L. 114–90, § 102(d), substituted ‘‘Sep- 706.) tember 30, 2025’’ for ‘‘December 31, 2016’’. 2014—Subsec. (f). Pub. L. 113–76 substituted ‘‘Decem- HISTORICAL AND REVISION NOTES ber 31, 2016’’ for ‘‘December 31, 2013’’. PUB. L. 103–272 2013—Subsec. (f). Pub. L. 112–273 substituted ‘‘Decem- ber 31, 2013’’ for ‘‘December 31, 2012’’. Revised Section Source (U.S. Code) Source (Statutes at Large) 2010—Pub. L. 111–314, § 4(d)(2), (3)(O), successively re- numbered section 70113 of title 49 and section 70113 of 70113(a) ...... 49 App.:2615(b)(1). Oct. 30, 1984, Pub. L. 98–575, this title as this section. § 16(b)(1)–(4), 98 Stat. 3061; restated Nov. 15, 1988, Subsec. (a)(1)(A). Pub. L. 111–314, § 4(d)(5)(Q), sub- Pub. L. 100–657, § 5(a), 102 stituted ‘‘section 50914(a)(1)(A)’’ for ‘‘section Stat. 3903. 70112(a)(1)(A)’’. 70113(b) ...... 49 App.:2615(b)(2). 70113(c) ...... 49 App.:2615(b)(3). Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(R), substituted 70113(d)(1) .. 49 App.:2615(b)(4)(A). ‘‘section 50914(a)(1)(A)’’ for ‘‘section 70112(a)(1)(A)’’ and 70113(d)(2) .. 49 App.:2615(b)(4)(B). ‘‘section 50914(a)(1)’’ for ‘‘section 70112(a)(1)’’. 70113(d)(3) .. 49 App.:2615(b)(4)(C). 70113(e)(1) .. 49 App.:2615(b) 2009—Subsec. (f). Pub. L. 111–125 substituted ‘‘Decem- (4)(D)(i), (iii). ber 31, 2012.’’ for ‘‘December 31, 2009.’’ 70113(e)(2) .. 49 App.:2615(b) 2004—Subsec. (a)(1). Pub. L. 108–492, § 2(c)(22), inserted (4)(D)(ii). 70113(e)(3) .. 49 App.:2615(b) ‘‘but not against a space flight participant,’’ after (4)(D)(iv). ‘‘subcontractor of a customer,’’. 70113(e)(4) .. 49 App.:2615(b) Subsec. (f). Pub. L. 108–492, § 2(c)(23), inserted at end (4)(D)(v). 70113(e)(5) .. 49 App.:2615(b) ‘‘This section does not apply to permits.’’ (4)(D)(vi). Pub. L. 108–428 substituted ‘‘December 31, 2009’’ for 70113(e)(6) .. 49 App.:2615(b) ‘‘December 31, 2004’’. (4)(D)(vii). 70113(f) ...... 49 App.:2615(b)(5). Oct. 30, 1984, Pub. L. 98–575, 2000—Subsec. (e)(1)(A). Pub. L. 106–405, § 6(a), sub- § 16(b)(5), 98 Stat. 3061; re- stituted ‘‘20ll’’ for ‘‘19ll’’. stated Nov. 15, 1988, Pub. Subsec. (f). Pub. L. 106–405, § 5(b), substituted ‘‘De- L. 100–657, § 5(a), 102 Stat. 3903; Nov. 4, 1992, Pub. L. cember 31, 2004’’ for ‘‘December 31, 2001’’. 102–588, § 503, 106 Stat. Pub. L. 106–377 substituted ‘‘December 31, 2001’’ for 5124. ‘‘December 31, 2000’’. 1999—Subsec. (f). Pub. L. 106–74 substituted ‘‘Decem- In subsection (a)(1), before clause (A), the word ‘‘par- ber 31, 2000’’ for ‘‘December 31, 1999’’. ticular’’ is omitted as surplus. In clause (B), the words 1998—Subsecs. (a)(1), (d)(1), (2). Pub. L. 105–303 in- ‘‘the level that is’’ are omitted as surplus. serted ‘‘or reentry’’ after ‘‘one launch’’. In subsection (b)(1), the words ‘‘civil action’’ are sub- 1996—Subsec. (e)(6)(D). Pub. L. 104–287 substituted stituted for ‘‘suit’’ for consistency in the revised title ‘‘related to a resolution’’ for ‘‘related to resolution’’. and with other titles of the United States Code and rule 2 of the Federal Rules of Civil Procedure (28 App. EFFECTIVE DATE OF 2000 AMENDMENT U.S.C.). Pub. L. 106–405, § 6(b), Nov. 1, 2000, 114 Stat. 1752, pro- In subsection (b)(2), the words ‘‘the Government must vided that: ‘‘The amendment made by subsection (a) be given an opportunity’’ are substituted for ‘‘by the [amending this section] takes effect on January 1, United States, at its election’’ for clarity. 2000.’’ In subsection (c), the words ‘‘just and’’ and ‘‘judg- ment’’ are omitted as surplus. § 50916. Disclosing information In subsection (d), the word ‘‘particular’’ is omitted as surplus. The Secretary of Transportation, an officer or In subsection (d)(2), before clause (A), the words ‘‘or employee of the United States Government, or a plans’’ are omitted because of 1:1. person making a contract with the Secretary In subsection (e)(1), before clause (A), the text of 49 under section 50907(b) of this title may disclose App.:2615(b)(4)(D)(i) is omitted as surplus. In clause (A), information under this chapter that qualifies for the word ‘‘only’’ is omitted as surplus. The word ‘‘Con- an exemption under section 552(b)(4) of title 5 or gress’’ is substituted for ‘‘the first blank space therein is designated as confidential by the person or being filled with the name of the resolving House’’ to head of the executive agency providing the in- correct an error in the law. formation only if the Secretary decides with- In subsection (e)(3), the words ‘‘once introduced with holding the information is contrary to the pub- respect to a compensation plan’’ are omitted as sur- lic or national interest. plus. In subsection (e)(4)(A), the word ‘‘either’’ is omitted (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1340, as surplus. § 70114 of title 49; renumbered § 70114 then § 50916 In subsection (f), the word ‘‘only’’ is omitted as sur- of title 51 and amended Pub. L. 111–314, § 4(d)(2), plus. (3)(P), (5)(S), Dec. 18, 2010, 124 Stat. 3440–3442.) § 50917 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 112

HISTORICAL AND REVISION NOTES § 102(a)(14), Oct. 28, 1998, 112 Stat. 2850; Pub. L. 108–492, § 2(c)(24), Dec. 23, 2004, 118 Stat. 3981; re- Revised Section Source (U.S. Code) Source (Statutes at Large) numbered § 70115 then § 50917 of title 51, Pub. L. 111–314, § 4(d)(2), (3)(Q), Dec. 18, 2010, 124 Stat. 70114 ...... 49 App.:2608(c). Oct. 30, 1984, Pub. L. 98–575, § 9(c), 98 Stat. 3059. 3440, 3441.)

The words ‘‘data or’’ are omitted as surplus. The HISTORICAL AND REVISION NOTES words ‘‘the head of’’ and ‘‘executive’’ are added for con- Revised sistency in the revised title and with other titles of the Section Source (U.S. Code) Source (Statutes at Large) United States Code. 70115(a) ...... 49 App.:2617. Oct. 30, 1984, Pub. L. 98–575, AMENDMENTS §§ 17–19, 98 Stat. 3061. 70115(b)(1) .. 49 App.:2616(b). 2010—Pub. L. 111–314, § 4(d)(5)(S), substituted ‘‘section 70115(b)(2) .. 49 App.:2616(a). 50907(b)’’ for ‘‘section 70106(b)’’. 70115(c)(1) .. 49 App.:2618(a) (1st, 2d sentences). Pub. L. 111–314, § 4(d)(2), (3)(P), successively renum- 70115(c)(2) .. 49 App.:2618(c). bered section 70114 of title 49 and section 70114 of this 70115(c)(3) .. 49 App.:2618(a) (3d, title as this section. last sentences). 70115(c)(4) .. 49 App.:2618(b). § 50917. Enforcement and penalty In subsection (a), the words ‘‘a requirement of’’ are (a) PROHIBITIONS.—A person may not violate omitted as surplus. The word ‘‘prescribed’’ is sub- this chapter, a regulation prescribed under this stituted for ‘‘issued’’ for consistency in the revised title chapter, or any term of a license issued or trans- and with other titles of the United States Code. The ferred under this chapter. words ‘‘condition, or restriction’’ are omitted as sur- 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 (D) under lawful process— omitted because of 1:1. (i) enter at a reasonable time a launch In subsection (b)(2), the text of 49 App.:2616(a) (1st site, reentry site, production facility, assem- sentence) is omitted as surplus because the Secretary bly site of a launch vehicle or reentry vehi- of Transportation enforces programs the Secretary car- cle, crew or space flight participant training ries out unless otherwise provided. The words ‘‘the ex- 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- quires be made or kept under this chapter; cause of 49:322(b). and In subsection (c)(1), the words ‘‘in accordance with (ii) seize the object, record, or report when section 554 of title 5’’ are omitted for consistency in the there is probable cause to believe the object, revised title and because 5:554 applies to a hearing on 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. (2) The Secretary may delegate a duty or The words ‘‘(3) administer oaths and affirmatives’’ are omitted as surplus because of subsection (b)(1)(B) of power under this chapter related to enforcement this section. to an officer or employee of another executive In subsection (c)(3), the word ‘‘impose’’ is substituted agency with the consent of the head of the agen- for ‘‘assessed’’ for consistency in the revised title and cy. with other titles of the Code. The words ‘‘amount of (c) CIVIL PENALTY.—(1) After notice and an op- such’’ and ‘‘modify . . . with or without conditions’’ are portunity for a hearing on the record, a person omitted as surplus. the Secretary finds to have violated subsection Subsection (c)(4) is substituted for 49 App.:2618(b) to (a) of this section is liable to the United States eliminate unnecessary words. Government for a civil penalty of not more than AMENDMENTS $100,000. A separate violation occurs for each day 2010—Pub. L. 111–314 successively renumbered section the violation continues. 70115 of title 49 and section 70115 of this title as this (2) In conducting a hearing under paragraph (1) section. of this subsection, the Secretary may— 2004—Subsec. (b)(1)(D)(i). Pub. L. 108–492 inserted (A) subpena witnesses and records; and ‘‘crew or space flight participant training site,’’ after (B) enforce a subpena in an appropriate dis- ‘‘site of a launch vehicle or reentry vehicle,’’. trict court of the United States. 1998—Subsec. (b)(1)(D)(i). Pub. L. 105–303 inserted ‘‘re- entry site,’’ after ‘‘launch site,’’ and inserted ‘‘or re- (3) The Secretary shall impose the civil pen- entry vehicle’’ after ‘‘launch vehicle’’ in two places. alty by written notice. The Secretary may com- promise or remit a penalty imposed, or that § 50918. Consultation may be imposed, under this section. (a) MATTERS AFFECTING NATIONAL SECURITY.— (4) The Secretary shall recover a civil penalty The Secretary of Transportation shall consult not paid after the penalty is final or after a with the Secretary of Defense on a matter under court enters a final judgment for the Secretary. this chapter affecting national security. The (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, Secretary of Defense shall identify and notify § 70115 of title 49; Pub. L. 105–303, title I, the Secretary of Transportation of a national Page 113 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50918 security interest relevant to an activity under ‘‘(c) REQUIREMENTS.— this chapter. ‘‘(1) IN GENERAL.—The Secretary of Transportation (b) MATTERS AFFECTING FOREIGN POLICY.—The under section 50918 of title 51, United States Code, Secretary of Transportation shall consult with and subject to section 50905(b)(2)(C) of that title, shall consult with the Secretary of Defense, the Adminis- the Secretary of State on a matter under this trator of the National Aeronautics and Space Admin- chapter affecting foreign policy. The Secretary istration, and the heads of other executive agencies, of State shall identify and notify the Secretary as appropriate— of Transportation of a foreign policy interest or ‘‘(A) to identify all requirements that are im- obligation relevant to an activity under this posed to protect the public health and safety, safe- chapter. ty of property, national security interests, and for- (c) OTHER MATTERS.—In carrying out this eign policy interests of the United States relevant chapter, the Secretary of Transportation shall to any commercial launch of a launch vehicle or commercial reentry of a reentry vehicle; and consult with the head of another executive agen- ‘‘(B) to evaluate the requirements identified in cy— subparagraph (A) and, in coordination with the li- (1) to provide consistent application of li- censee or transferee and the heads of the relevant censing requirements under this chapter; executive agencies— (2) to ensure fair treatment for all license ‘‘(i) determine whether the satisfaction of a re- applicants; and quirement of one agency could result in the satis- (3) when appropriate. faction of a requirement of another agency; and ‘‘(ii) resolve any inconsistencies and remove (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1341, any outmoded or duplicative requirements or ap- § 70116 of title 49; renumbered § 70116 then § 50918 provals of the Federal Government relevant to of title 51, Pub. L. 111–314, § 4(d)(2), (3)(R), Dec. any commercial launch of a launch vehicle or 18, 2010, 124 Stat. 3440, 3441.) commercial reentry of a reentry vehicle. ‘‘(2) STREAMLINING.— HISTORICAL AND REVISION NOTES ‘‘(A) IN GENERAL.—With respect to any licensed activity under chapter 509 of title 51, United States Revised Code, the Secretary of Defense may not impose any Section Source (U.S. Code) Source (Statutes at Large) requirement on a licensee or transferee that is du- 70116(a) ...... 49 App.:2619(a). Oct. 30, 1984, Pub. L. 98–575, plicative of, or overlaps in intent with, any require- § 20, 98 Stat. 3062. ment imposed by the Secretary of Transportation 70116(b) ...... 49 App.:2619(b). 70116(c) ...... 49 App.:2604(a)(2). Oct. 30, 1984, Pub. L. 98–575, under that chapter. § 5(a)(2), 98 Stat. 3057; Nov. ‘‘(B) WAIVER.—The Secretary of the Air Force 16, 1990, Pub. L. 101–611, may waive the limitation under subparagraph (A) § 117(e)(2), 104 Stat. 3203. 49 App.:2619(c). if— ‘‘(i) the Secretary determines that imposing a In subsections (a) and (b), the words ‘‘including the requirement described in that subparagraph is issuance or transfer of each license’’ and ‘‘be respon- necessary to avoid negative consequences for the sible for’’ are omitted as surplus. national security space program; and In subsection (c), before clause (1), the words ‘‘the ‘‘(ii) the Secretary notifies the Secretary of head of’’ and ‘‘executive’’ are added for consistency in Transportation of such determination before the revised title and with other titles of the United making such waiver. States Code. In clause (2), the words ‘‘and equitable’’ in ‘‘(3) REPORTS.—Not later than 180 days after the 49 App.:2604(a)(2) are omitted as surplus. date of enactment of this Act [Nov. 25, 2015], and an- nually thereafter until the Secretary of Transpor- AMENDMENTS tation determines no outmoded or duplicative re- 2010—Pub. L. 111–314 successively renumbered section quirements or approvals of the Federal Government 70116 of title 49 and section 70116 of this title as this exist, the Secretary of Transportation, in consulta- section. tion with the Secretary of Defense, the Adminis- trator of the National Aeronautics and Space Admin- STREAMLINE COMMERCIAL SPACE LAUNCH ACTIVITIES istration, the commercial space sector, and the heads Pub. L. 114–92, div. A, title XVI, § 1617, Nov. 25, 2015, of other executive agencies, as appropriate, shall sub- 129 Stat. 1106, as amended by Pub. L. 115–232, div. A, mit to the appropriate congressional committees a title XVI, § 1606, Aug. 13, 2018, 132 Stat. 2107, provided report that includes the following: that: ‘‘(A) A description of the process for the applica- ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress tion for and approval of a permit or license under that eliminating duplicative requirements and approv- chapter 509 of title 51, United States Code, for the als for commercial launch and reentry operations will commercial launch of a launch vehicle or commer- promote and encourage the development of the com- cial reentry of a reentry vehicle, including the mercial space sector. identification of— ‘‘(b) REAFFIRMATION OF POLICY.—Congress reaffirms ‘‘(i) any unique requirements for operating on a that the Secretary of Transportation, in overseeing and United States Government launch site, reentry coordinating commercial launch and reentry oper- site, or launch property; and ations, should— ‘‘(ii) any inconsistent, outmoded, or duplicative ‘‘(1) promote commercial space launches and reen- requirements or approvals. tries by the private sector; ‘‘(B) A description of current efforts, if any, to ‘‘(2) facilitate Government, State, and private sec- coordinate and work across executive agencies to tor involvement in enhancing United States launch define interagency processes and procedures for sites and facilities; sharing information, avoiding duplication of effort, ‘‘(3) protect public health and safety, safety of prop- and resolving common agency requirements. erty, national security interests, and foreign policy ‘‘(C) Recommendations for legislation that may interests of the United States; and further— ‘‘(4) consult with the head of another executive ‘‘(i) streamline requirements in order to im- agency, including the Secretary of Defense or the Ad- prove efficiency, reduce unnecessary costs, re- ministrator of the National Aeronautics and Space solve inconsistencies, remove duplication, and Administration, as necessary to provide consistent minimize unwarranted constraints; and application of licensing requirements under chapter ‘‘(ii) consolidate or modify requirements across 509 of title 51, United States Code. affected agencies into a single application set § 50919 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 114

that satisfies the requirements identified in para- (f) LAUNCH NOT AN EXPORT; REENTRY NOT AN graph (1)(A). IMPORT.—A launch vehicle, reentry vehicle, or ‘‘(4) DEFINITIONS.—For purposes of this subsection— payload that is launched or reentered is not, be- ‘‘(A) any applicable definitions set forth in sec- tion 50902 of title 51, United States Code, shall cause of the launch or reentry, an export or im- apply; port, respectively, for purposes of a law control- ‘‘(B) the term ‘appropriate congressional commit- ling exports or imports, except that payloads tees’ means— launched pursuant to foreign trade zone proce- ‘‘(i) the congressional defense committees dures as provided for under the Foreign Trade [Committees on Armed Services and Appropria- Zones Act (19 U.S.C. 81a–81u) shall be considered tions of the Senate and the House of Representa- exports with regard to customs entry. tives]; ‘‘(ii) the Committee on Commerce, Science, and (g) NONAPPLICATION.— Transportation of the Senate; (1) IN GENERAL.—This chapter does not apply ‘‘(iii) the Committee on Science, Space, and to— Technology of the House of Representatives; and (A) a launch, reentry, operation of a ‘‘(iv) the Committee on Transportation and In- launch vehicle or reentry vehicle, operation frastructure of the House of Representatives; of a launch site or reentry site, or other ‘‘(C) the terms ‘launch’, ‘reenter’, and ‘reentry’ space activity the Government carries out include landing of a launch vehicle or reentry vehi- cle; and for the Government; or ‘‘(D) the terms ‘United States Government launch (B) planning or policies related to the site’ and ‘United States Government reentry site’ launch, reentry, operation, or activity under include any necessary facility, at that location, subparagraph (A). that is commercially operated on United States (2) RULE OF CONSTRUCTION.—The following Government property. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section activities are not space activities the Govern- shall be construed to limit the ability of the Secretary ment carries out for the Government under of Defense to consult with the Secretary of Transpor- paragraph (1): tation with respect to requirements and approvals (A) A government astronaut being carried under chapter 509 of title 51, United States Code.’’ within a launch vehicle or reentry vehicle Substantially identical provisions were contained in under this chapter. the following act: (B) A government astronaut performing Pub. L. 114–90, title I, § 113, Nov. 25, 2015, 129 Stat. 714. activities directly relating to the launch, re- § 50919. Relationship to other executive agencies, entry, or other operation of the launch vehi- laws, and international obligations cle or reentry vehicle under this chapter. (a) EXECUTIVE AGENCIES.—Except as provided (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342, in this chapter, a person is not required to ob- § 70117 of title 49; Pub. L. 104–287, § 5(95), Oct. 11, tain from an executive agency a license, ap- 1996, 110 Stat. 3398; Pub. L. 105–303, title I, proval, waiver, or exemption to launch a launch § 102(a)(15), Oct. 28, 1998, 112 Stat. 2850; renum- vehicle or operate a launch site or reentry site, bered § 70117 then § 50919 of title 51 and amended or to reenter a reentry vehicle. Pub. L. 111–314, § 4(d)(2), (3)(S), (5)(T), Dec. 18, (b) FEDERAL COMMUNICATIONS COMMISSION AND 2010, 124 Stat. 3440–3442; Pub. L. 114–90, title I, SECRETARY OF COMMERCE.—This chapter does § 112(o), Nov. 25, 2015, 129 Stat. 713.) not affect the authority of— HISTORICAL AND REVISION NOTES (1) the Federal Communications Commission PUB. L. 103–272 under the Communications Act of 1934 (47 U.S.C. 151 et seq.); or Revised Source (U.S. Code) Source (Statutes at Large) (2) the Secretary of Commerce under chapter Section 601 of this title. 70117(a) ...... 49 App.:2605(c)(1). Oct. 30, 1984, Pub. L. 98–575, §§ 6(c), 21, 98 Stat. 3058, (c) STATES AND POLITICAL SUBDIVISIONS.—A 3063. State or political subdivision of a State— 70117(b) ...... 49 App.:2605(c)(2). 70117(c) ...... 49 App.:2620(a) (1st, (1) may not adopt or have in effect a law, 2d sentences). regulation, standard, or order inconsistent 70117(d) ...... 49 App.:2620(a) (last sentence). with this chapter; but 70117(e) ...... 49 App.:2620(d). (2) may adopt or have in effect a law, regula- 70117(f) ...... 49 App.:2620(b). tion, standard, or order consistent with this 70117(g) ...... 49 App.:2620(c). chapter that is in addition to or more strin- In subsection (e)(1), the words ‘‘government of a for- gent than a requirement of, or regulation pre- eign country’’ are substituted for ‘‘foreign nation’’ for scribed under, this chapter. consistency in the revised title and with other titles of the United States Code. (d) CONSULTATION.—The Secretary of Trans- portation is encouraged to consult with a State PUB. L. 104–287 to simplify and expedite the approval of a space This amends 49:70117(b)(2) by updating a cross-ref- launch or reentry activity. erence. Section 4 of the Land Remote Sensing Policy (e) FOREIGN COUNTRIES.—The Secretary of Act of 1992 (Public Law 102–555, 106 Stat. 4166) repealed Transportation shall— the Land Remote-Sensing Commercialization Act of (1) carry out this chapter consistent with an 1984 (15 U.S.C. 4201 et seq.). The substantive provisions obligation the United States Government as- of the Land Remote Sensing Policy Act of 1992, which sumes in a treaty, convention, or agreement replaced the Land Remote-Sensing Commercialization Act of 1984, were classified to the United States Code at in force between the Government and the gov- 15 U.S.C. 5601 et seq. ernment of a foreign country; and (2) consider applicable laws and require- REFERENCES IN TEXT ments of a foreign country when carrying out The Communications Act of 1934, referred to in sub- this chapter. sec. (b)(1), is act June 19, 1934, ch. 652, 48 Stat. 1064, Page 115 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 50921 which is classified principally to section 151 et seq. of § 50921. Office of Commercial Space Transpor- Title 47, Telecommunications. For complete classifica- tation tion of this Act to the Code, see section 609 of Title 47 and Tables. There are authorized to be appropriated to the The Foreign Trade Zones Act, referred to in subsec. Secretary of Transportation for the activities of (f), is act June 18, 1934, ch. 590, 48 Stat. 998, which is the Office of the Associate Administrator for classified generally to chapter 1A (§ 81a et seq.) of Title Commercial Space Transportation— 19, Customs Duties. For complete classification of this Act to the Code, see Tables. (1) $11,941,000 for fiscal year 2005; (2) $12,299,000 for fiscal year 2006; AMENDMENTS (3) $12,668,000 for fiscal year 2007; 2015—Subsec. (g). Pub. L. 114–90 amended subsec. (g) (4) $13,048,000 for fiscal year 2008; and generally. Prior to amendment, text read as follows: (5) $13,440,000 for fiscal year 2009. ‘‘This chapter does not apply to— ‘‘(1) a launch, reentry, operation of a launch vehicle (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, or reentry vehicle, operation of a launch site or re- § 70119 of title 49, Pub. L. 105–303, title I, § 102(b), entry site, or other space activity the Government Oct. 28, 1998, 112 Stat. 2851; Pub. L. 106–405, § 3(a), carries out for the Government; or ‘‘(2) planning or policies related to the launch, re- Nov. 1, 2000, 114 Stat. 1752; Pub. L. 108–360, title entry, operation, or activity.’’ III, § 301, Oct. 25, 2004, 118 Stat. 1680; renumbered 2010—Pub. L. 111–314, § 4(d)(2), (3)(S), successively re- § 70119 then § 50921 of title 51, Pub. L. 111–314, numbered section 70117 of title 49 and section 70117 of § 4(d)(2), (3)(U), Dec. 18, 2010, 124 Stat. 3440, 3441.) this title as this section. Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(T), substituted HISTORICAL AND REVISION NOTES ‘‘chapter 601 of this title’’ for ‘‘the Land Remote Sens- ing Policy Act of 1992 (15 U.S.C. 5601 et seq.)’’. Revised Source (U.S. Code) Source (Statutes at Large) 1998—Subsec. (a). Pub. L. 105–303, § 102(a)(15)(A), in- Section serted ‘‘or reentry site, or to reenter a reentry vehicle’’ 70119 ...... 49 App.:2623 (less Oct. 30, 1984, Pub. L. 98–575, after ‘‘operate a launch site’’. last sentence). § 24 (less last sentence), 98 Subsec. (d). Pub. L. 105–303, § 102(a)(15)(B), inserted Stat. 3064; Dec. 5, 1985, Pub. L. 99–170, § 301, 99 ‘‘or reentry’’ after ‘‘approval of a space launch’’. Stat. 1018; Oct. 30, 1987, Subsec. (f). Pub. L. 105–303, § 102(a)(15)(C), amended Pub. L. 100–147, § 120, 101 heading and text of subsec. (f) generally. Prior to Stat. 868; Nov. 17, 1988, Pub. L. 100–685, § 213, 102 amendment, text read as follows: ‘‘A launch vehicle or Stat. 4093; Nov. 16, 1990, payload that is launched is not, because of the launch, Pub. L. 101–611, § 117(a), 104 an export for purposes of a law controlling exports.’’ Stat. 3202; restated Dec. 9, Subsec. (g)(1). Pub. L. 105–303, § 102(a)(15)(D)(i), sub- 1991, Pub. L. 102–195, § 13, 105 Stat. 1613; Nov. 4, 1992, stituted ‘‘reentry, operation of a launch vehicle or re- Pub. L. 102–588, § 211, 106 entry vehicle, operation of a launch site or reentry Stat. 5115. site,’’ for ‘‘operation of a launch vehicle or launch site,’’. In this section, the amendment by section 211 of the Subsec. (g)(2). Pub. L. 105–303, § 102(a)(15)(D)(ii), in- National Aeronautics and Space Administration Au- serted ‘‘reentry,’’ after ‘‘launch,’’. thorization Act, Fiscal Year 1993 (Pub. L. 102–588, 106 1996—Subsec. (b)(2). Pub. L. 104–287 substituted ‘‘Land Stat. 5115) was executed to carry out the probable in- Remote Sensing Policy Act of 1992 (15 U.S.C. 5601 et tent of Congress by omitting the period after ‘‘1993’’. seq.)’’ for ‘‘Land Remote-Sensing Commercialization As to the applicability of section 219 of the Act (Pub. Act of 1984 (15 U.S.C. 4201 et seq.)’’. L. 102–588, 106 Stat. 5118) to amounts authorized by this section for fiscal year 1993, see section 6(b) of the bill. § 50920. User fees

The Secretary of Transportation may collect a AMENDMENTS user fee for a regulatory or other service con- ducted under this chapter only if specifically au- 2010—Pub. L. 111–314 successively renumbered section 70119 of title 49 and section 70119 of this title as this thorized by this chapter. section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1342, 2004—Pars. (1) to (5). Pub. L. 108–360 added pars. (1) to § 70118 of title 49; renumbered § 70118 then § 50920 (5) and struck out former pars. (1) and (2) which read as of title 51, Pub. L. 111–314, § 4(d)(2), (3)(T), Dec. follows: 18, 2010, 124 Stat. 3440, 3441.) ‘‘(1) $12,607,000 for fiscal year 2001; and ‘‘(2) $16,478,000 for fiscal year 2002.’’ HISTORICAL AND REVISION NOTES 2000—Pub. L. 106–405 amended section catchline and text generally. Prior to amendment, text read as fol- Revised Source (U.S. Code) Source (Statutes at Large) lows: ‘‘There are authorized to be appropriated to the Section Secretary of Transportation for the activities of the Of- 70118 ...... 49 App.:2623 (last Oct. 30, 1984, Pub. L. 98–575, fice of the Associate Administrator for Commercial sentence). § 24 (last sentence), 98 Space Transportation— Stat. 3064; Dec. 5, 1985, ‘‘(1) $6,275,000 for the fiscal year ending September Pub. L. 99–170, § 301, 99 Stat. 1018; Oct. 30, 1987, 30, 1999; and Pub. L. 100–147, § 120, 101 ‘‘(2) $6,600,000 for the fiscal year ending September Stat. 868; Nov. 17, 1988, 30, 2000.’’ Pub. L. 100–685, § 213, 102 Stat. 4093; Nov. 16, 1990, 1998—Pub. L. 105–303 reenacted section catchline Pub. L. 101–611, § 117(a), 104 without change and amended text generally. Prior to Stat. 3202; restated Dec. 9, 1991, Pub. L. 102–195, § 13, amendment, text read as follows: ‘‘The following 105 Stat. 1613; Nov. 4, 1992, amounts may be appropriated to the Secretary of Pub. L. 102–588, § 211, 106 Transportation for the fiscal year ending September 30, Stat. 5115. 1993: ‘‘(1) $4,900,000 to carry out this chapter. AMENDMENTS ‘‘(2) $20,000,000 for a program to ensure the resil- 2010—Pub. L. 111–314 successively renumbered section iency of the space launch infrastructure of the United 70118 of title 49 and section 70118 of this title as this States if a law is enacted to establish that program section. in the Department of Transportation.’’ § 50922 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 116

§ 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- unless the final regulations described in sub- tation, within 9 months after the date of the en- section (c) have been issued. actment of this section, shall issue regulations 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. launch site operator licenses; and L. 105–303, which was approved Oct. 28, 1998. (5) procedures for the application of govern- The Commercial Space Launch Amendments Act of 2004, referred to in subsecs. (c) and (d), is Pub. L. ment indemnification. 108–492, Dec. 23, 2004, 118 Stat. 3974, which was approved (b) REENTRY.—The Secretary of Transpor- Dec. 23, 2004. For complete classification of this Act to tation, within 6 months after the date of the en- the Code, see Short Title of 2004 Act note set out under actment of this section, shall issue a notice of section 10101 of this title and Tables. 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- operator licenses for reentry; and stituted ‘‘section 50902’’ for ‘‘section 70102’’. (3) procedures for requesting and obtaining 2004—Subsecs. (c), (d). Pub. L. 108–492 added subsecs. reentry site operator licenses. (c) and (d). (c) AMENDMENTS.—(1) Not later than 12 months § 50923. Report to Congress after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Sec- The Secretary of Transportation shall submit retary shall publish proposed regulations to to Congress an annual report to accompany the carry out that Act, including regulations relat- President’s budget request that— ing to crew, space flight participants, and per- (1) describes all activities undertaken under mits for launch or reentry of reusable suborbital this chapter, including a description of the rockets. Not later than 18 months after such process for the application for and approval of date of enactment, the Secretary shall issue licenses under this chapter and recommenda- final regulations. tions for legislation that may further commer- (2)(A) Starting 3 years after the date of enact- cial launches and reentries; and ment of the Commercial Space Launch Amend- (2) reviews the performance of the regu- ments Act of 2004, the Secretary may issue final latory activities and the effectiveness of the regulations changing the definition of suborbital Office of Commercial Space Transportation. rocket under this chapter. No such regulation (Added Pub. L. 105–303, title I, § 102(a)(16), Oct. may take effect until 180 days after the Sec- 28, 1998, 112 Stat. 2851, § 70121 of title 49; renum- retary has submitted the regulation to the Con- bered § 70121 then § 50923 of title 51, Pub. L. gress. 111–314, § 4(d)(2), (3)(W), Dec. 18, 2010, 124 Stat. (B) The Secretary may issue regulations under 3440, 3441.) this paragraph only if the Secretary has deter- mined that the definition in section 50902 does AMENDMENTS not describe, or will not continue to describe, all 2010—Pub. L. 111–314 successively renumbered section appropriate vehicles and only those vehicles. In 70121 of title 49 and section 70121 of this title as this making that determination, the Secretary shall section. take into account the evolving nature of the CHAPTER 511—SPACE TRANSPORTATION commercial space launch industry. INFRASTRUCTURE MATCHING GRANTS (d) EFFECTIVE DATE.—(1) Licenses for the launch or reentry of launch vehicles or reentry Sec. vehicles with human beings on board and per- 51101. Definitions. mits may be issued by the Secretary prior to the 51102. Grant authority. issuance of the regulations described in sub- 51103. Grant applications. section (c). 51104. Environmental requirements. 51105. Authorization of appropriations. (2) As soon as practicable after the date of en- actment of the Commercial Space Launch AMENDMENTS Amendments Act of 2004, the Secretary shall 2010—Pub. L. 111–314, § 4(d)(2), (4), Dec. 18, 2010, 124 issue guidelines or advisory circulars to guide Stat. 3440, 3441, transferred analysis for chapter 703 of the implementation of that Act until regula- Title 49, Transportation, and renumbered as analysis tions are issued. for chapter 511 of this title and renumbered items 70301 (3) Notwithstanding paragraphs (1) and (2), no to 70305 as 51101 to 51105, respectively. licenses for the launch or reentry of launch ve- § 51101. Definitions hicles or reentry vehicles with human beings on board or permits may be issued starting three In this chapter— Page 117 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 51103

(1) the definitions in section 50501 of this (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, title apply. § 70302 of title 49; renumbered § 70302 then § 51102 (2) ‘‘commercial space transportation infra- of title 51, Pub. L. 111–314, § 4(d)(2), (4)(B), Dec. structure development’’ includes— 18, 2010, 124 Stat. 3440, 3441.) (A) construction, improvement, design, and engineering of space transportation in- HISTORICAL AND REVISION NOTES frastructure in the United States; and Revised (B) technical studies to define how new or Section Source (U.S. Code) Source (Statutes at Large) enhanced space transportation infrastruc- 70302(a) ...... 15:5804(b) (1st sen- Nov. 4, 1992, Pub. L. 102–588, ture can best meet the needs of the United tence). § 505(b) (1st sentence), (f), 106 Stat. 5125, 5127. States commercial space transportation in- 70302(b) ...... 15:5804(f). dustry. (3) ‘‘project’’ means a project (or separate In subsection (a), the words ‘‘of the United States’’ are substituted for ‘‘Nation’s’’ for consistency. projects submitted together) to carry out com- mercial space transportation infrastructure AMENDMENTS development, including the combined submis- 2010—Pub. L. 111–314 successively renumbered section sion of all projects to be undertaken at a par- 70302 of title 49 and section 70302 of this title as this ticular site in a fiscal year. section. (4) ‘‘project grant’’ means a grant of an § 51103. Grant applications amount by the Secretary of Transportation to a sponsor for one or more projects. (a) GENERAL.—A sponsor may submit to the (5) ‘‘public agency’’ means a State or an Secretary of Transportation an application for a agency of a State, a political subdivision of a project grant. The application must state the State, or a tax-supported organization. project to be undertaken and be in the form and (6) ‘‘sponsor’’ means a public agency that, contain the information the Secretary requires. individually or jointly with one or more other (b) CONSIDERATIONS AND CONSULTATION.—(1) In public agencies, submits to the Secretary selecting proposed projects for grants under this under this chapter an application for a project section, the Secretary of Transportation shall grant. consider— (A) the contribution of the project to indus- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, try capabilities that serve the United States § 70301 of title 49; renumbered § 70301 then § 51101 Government’s space transportation needs; of title 51 and amended Pub. L. 111–314, § 4(d)(2), (B) the extent of industry’s financial con- (4)(A), (6)(A), Dec. 18, 2010, 124 Stat. 3440–3442.) tribution to the project; HISTORICAL AND REVISION NOTES (C) the extent of industry’s participation in the project; Revised Source (U.S. Code) Source (Statutes at Large) (D) the positive impact of the project on the Section international competitiveness of the United 70301 ...... 15:5804(a). Nov. 4, 1992, Pub. L. 102–588, States space transportation industry; § 505(a), 106 Stat. 5124. (E) the extent of State contributions to the project; and Clause (1) is added to incorporate the definitions in 15:5802. (F) the impact of the project on launch oper- In clause (2), the word ‘‘includes’’ is substituted for ations and other activities at Government ‘‘may include’’ for consistency in the revised title and launch ranges. with other titles of the United States Code. (2) The Secretary of Transportation shall con- In clause (5), the words ‘‘municipality or other’’ are omitted for consistency. sult with the Secretary of Defense, the Adminis- The text of 15:5804(5) is omitted as unnecessary be- trator of the National Space and Aeronautics cause the complete name of the Secretary of Transpor- Administration, and the heads of other appro- tation is used the first time the term appears in a sec- priate agencies of the Government about para- tion. graph (1)(A) and (F) of this subsection. EQUIREMENTS AMENDMENTS (c) R .—The Secretary of Trans- portation may approve an application only if 2010—Pub. L. 111–314, § 4(d)(2), (4)(A), successively re- the Secretary is satisfied that— numbered section 70301 of title 49 and section 70301 of (1) the project will contribute to the pur- this title as this section. Par. (1). Pub. L. 111–314, § 4(d)(6)(A), substituted ‘‘sec- poses of this chapter; tion 50501 of this title’’ for ‘‘section 502 of the National (2) the project is reasonably consistent with Aeronautics and Space Administration Authorization plans (existing at the time of approval of the Act, Fiscal Year 1993 (15 U.S.C. 5802)’’. project) of public agencies that are— (A) authorized by the State in which the § 51102. Grant authority project is located; and (a) GENERAL AUTHORITY.—To ensure the resil- (B) responsible for the development of the iency of the space transportation infrastructure area surrounding the project site; of the United States, the Secretary of Transpor- (3) if the application proposes to use Govern- tation may make project grants to sponsors as ment property, the specific consent of the provided in this chapter. head of the appropriate agency has been ob- (b) LIMITATIONS.—The Secretary may make a tained; project grant under this chapter only if— (4) the project will be completed without un- (1) at least 10 percent of the total cost of the reasonable delay; project will be paid by the private sector; and (5) the sponsor submitting the application (2) the grant will not be for more than 50 has the legal authority to engage in the percent of the total cost of the project. project; and § 51104 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 118

(6) any additional requirements prescribed project is located certifies in writing to the Sec- by the Secretary have been met. retary that there is reasonable assurance that 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- (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, tify shall be provided not later than 60 days § 70303 of title 49; renumbered § 70303 then § 51103 after the Secretary receives the application. of title 51, Pub. L. 111–314, § 4(d)(2), (4)(C), Dec. (2) The Secretary of Transportation shall con- 18, 2010, 124 Stat. 3440, 3441.) dition the approval of an application on compli- ance with applicable air and water quality HISTORICAL AND REVISION NOTES standards during construction and operation. Revised (d) COMPLIANCE WITH LAWS AND REGULA- Section Source (U.S. Code) Source (Statutes at Large) TIONS.—The Secretary of Transportation may 70303(a) ...... 15:5804(d)(1). Nov. 4, 1992, Pub. L. 102–588, require a certification from a sponsor that the § 505(c), (d), 106 Stat. 5125. sponsor will comply with all applicable laws and 70303(b)(1) .. 15:5804(c)(1). 70303(b)(2) .. 15:5804(c)(2). regulations. The Secretary may rescind at any 70303(c) ...... 15:5804(d)(2). time acceptance of a certification from a spon- 70303(d) ...... 15:5804(c)(3). sor under this subsection. This subsection does not affect any responsibility of the Secretary In subsection (a), the words ‘‘for one or more projects’’ are omitted as unnecessary because of the under another law, including— definition of ‘‘project’’ in section 70301 of the revised (1) section 303 of title 49; title. (2) title VI of the Civil Rights Act of 1964 (42 In subsection (c)(5), the words ‘‘as proposed’’ are U.S.C. 2000d et seq.); omitted as surplus. (3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.); AMENDMENTS (4) the National Environmental Policy Act 2010—Pub. L. 111–314 successively renumbered section of 1969 (42 U.S.C. 4321 et seq.); and 70303 of title 49 and section 70303 of this title as this (5) the Uniform Relocation Assistance and section. Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). § 51104. Environmental requirements (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, (a) POLICY.—It is the policy of the United § 70304 of title 49; renumbered § 70304 then § 51104 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- ing out this policy, the Secretary of Transpor- HISTORICAL AND REVISION NOTES tation shall consult with the Secretary of the Revised Source (U.S. Code) Source (Statutes at Large) Interior and the Administrator of the Environ- Section mental Protection Agency about a project that 70304 ...... 15:5804(e). Nov. 4, 1992, Pub. L. 102–588, may have a significant effect on natural re- § 505(e), 106 Stat. 5126. sources, including fish and wildlife, natural, sce- nic, and recreational assets, water and air qual- In subsection (a), the words ‘‘policy of the United States’’ are substituted for ‘‘national policy’’, and the ity, and other factors affecting the environment. words ‘‘of the United States’’ are substituted for ‘‘of If the Secretary of Transportation finds that a the Nation’’, for consistency. The words ‘‘included in a project will have a significant adverse effect, project grant application’’ and ‘‘full and’’ are omitted the Secretary may approve the application for as surplus. the project only if, after a complete review that In subsection (b), the words ‘‘of objectives’’ are omit- is a matter of public record, the Secretary ted as surplus. makes a written finding that no feasible and In subsection (c), the words ‘‘chief executive officer’’ are substituted for ‘‘Governor’’ for consistency in the prudent alternative to the project exists and revised title and because the word ‘‘State’’ includes the that all reasonable steps have been taken to territories and possessions of the United States. minimize the adverse effect. In subsection (d), before clause (1), the words ‘‘in con- (b) PUBLIC HEARING REQUIREMENT.—The Sec- nection with any project’’, ‘‘imposed on such sponsor retary of Transportation may approve an appli- under this section in connection with such project’’, cation only if the sponsor of the project certifies and ‘‘or discharge’’ are omitted as surplus. The words to the Secretary that an opportunity for a pub- ‘‘laws and regulations’’ are substituted for ‘‘statutory and administrative requirements’’ for consistency in lic hearing has been provided to consider the the revised title. economic, social, and environmental effects of the project and its consistency with the goals of REFERENCES IN TEXT any planning carried out by the community. The Civil Rights Act of 1964, referred to in subsec. When a hearing is held under this paragraph, the (d)(2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title sponsor shall submit a copy of the transcript of VI of the Act is classified to subchapter V (§ 2000d et the hearing to the Secretary. seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the (c) COMPLIANCE WITH AIR AND WATER QUALITY Code, see Short Title note set out under section 2000a STANDARDS.—(1) The Secretary of Transpor- of Title 42 and Tables. tation may approve an application only if the Title VIII of the Act of April 11, 1968, referred to in chief executive officer of the State in which the subsec. (d)(3), is title VIII of Pub. L. 90–284, Apr. 11, Page 119 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 51303

1968, 82 Stat. 81, known as the Fair Housing Act, which (3) UNITED STATES CITIZEN.—The term is classified principally to subchapter I (§ 3601 et seq.) of ‘‘United States citizen’’ has the meaning given chapter 45 of Title 42, The Public Health and Welfare. the term ‘‘citizen of the United States’’ in sec- For complete classification of this Act to the Code, see tion 50902. Short Title note set out under section 3601 of Title 42 and Tables. (Added Pub. L. 114–90, title IV, § 402(a), Nov. 25, The National Environmental Policy Act of 1969, re- 2015, 129 Stat. 721.) ferred to in subsec. (d)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 § 51302. Commercial exploration and commercial (§ 4321 et seq.) of Title 42, The Public Health and Wel- recovery fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of (a) IN GENERAL.—The President, acting Title 42 and Tables. through appropriate Federal agencies, shall— The Uniform Relocation Assistance and Real Prop- (1) facilitate commercial exploration for and erty Acquisition Policies Act of 1970, referred to in sub- commercial recovery of space resources by sec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, United States citizens; which is classified principally to chapter 61 (§ 4601 et (2) discourage government barriers to the de- seq.) of Title 42, The Public Health and Welfare. For velopment in the United States of economi- complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 cally viable, safe, and stable industries for and Tables. commercial exploration for and commercial recovery of space resources in manners con- AMENDMENTS sistent with the international obligations of 2010—Pub. L. 111–314, § 4(d)(2), (4)(D), successively re- the United States; and numbered section 70304 of title 49 and section 70304 of (3) promote the right of United States citi- this title as this section. zens to engage in commercial exploration for Subsec. (d)(1). Pub. L. 111–314, § 4(d)(6)(B), substituted and commercial recovery of space resources ‘‘section 303 of title 49’’ for ‘‘section 303 of this title’’. free from harmful interference, in accordance § 51105. Authorization of appropriations with the international obligations of the United States and subject to authorization Not more than $10,000,000 may be appropriated and continuing supervision by the Federal to the Secretary of Transportation to make Government. grants under this chapter. Amounts appro- priated under this section remain available until (b) REPORT.—Not later than 180 days after the expended. date of enactment of this section, the President shall submit to Congress a report on commercial (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1345, exploration for and commercial recovery of § 70305 of title 49; renumbered § 70305 then § 51105 space resources by United States citizens that of title 51, Pub. L. 111–314, § 4(d)(2), (4)(E), Dec. specifies— 18, 2010, 124 Stat. 3440, 3441.) (1) the authorities necessary to meet the HISTORICAL AND REVISION NOTES international obligations of the United States, including authorization and continuing super- Revised Source (U.S. Code) Source (Statutes at Large) vision by the Federal Government; and Section (2) recommendations for the allocation of re- 70305 ...... 15:5804(b) (2d, last Nov. 4, 1992, Pub. L. 102–588, sponsibilities among Federal agencies for the sentences). § 505(b) (2d, last sen- tences), 106 Stat. 5125. activities described in paragraph (1). (Added Pub. L. 114–90, title IV, § 402(a), Nov. 25, AMENDMENTS 2015, 129 Stat. 721.) 2010—Pub. L. 111–314 successively renumbered section REFERENCES IN TEXT 70305 of title 49 and section 70305 of this title as this section. The date of enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 114–90, CHAPTER 513—SPACE RESOURCE COMMER- which was approved Nov. 25, 2015. CIAL EXPLORATION AND UTILIZATION § 51303. Asteroid resource and space resource Sec. rights 51301. Definitions. 51302. Commercial exploration and commercial re- A United States citizen engaged in commer- covery. cial recovery of an asteroid resource or a space 51303. Asteroid resource and space resource rights. resource under this chapter shall be entitled to AMENDMENTS any asteroid resource or space resource ob- 2015—Pub. L. 114–90, title IV, § 402(a), Nov. 25, 2015, 129 tained, including to possess, own, transport, use, Stat. 720, added chapter 513 and items 51301 to 51303. and sell the asteroid resource or space resource obtained in accordance with applicable law, in- § 51301. Definitions cluding the international obligations of the In this chapter: United States. (1) ASTEROID RESOURCE.—The term ‘‘asteroid (Added Pub. L. 114–90, title IV, § 402(a), Nov. 25, resource’’ means a space resource found on or 2015, 129 Stat. 721.) within a single asteroid. (2) SPACE RESOURCE.— CHAPTER 515—OFFICE OF SPACEPORTS (A) IN GENERAL.—The term ‘‘space re- Sec.1 source’’ means an abiotic resource in situ in 51501.1 Establishment of Office of Spaceports.1 outer space. (B) INCLUSIONS.—The term ‘‘space re- 1 Editorially supplied. Section added by Pub. L. 115–254 without source’’ includes water and minerals. corresponding amendment of chapter analysis. § 51501 TITLEAMENDMENTS 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 120 2018—Pub. L. 115–254, div. B, title V, § 580(b)(1), Oct. 5, 2018, 132 Stat. 3395, added chapter 515 and item 51501. Sec. SUBCHAPTER IV—RESEARCH, DEVELOPMENT, § 51501. Establishment of Office of Spaceports AND DEMONSTRATION 60131. Continued Federal research and development. (a) ESTABLISHMENT OF OFFICE.—Not later than 60132. Availability of federally gathered unenhanced 90 days after the date of enactment of this sec- data. tion, the Secretary of Transportation shall iden- 60133. Technology demonstration program. tify, within the Office of Commercial Space 60134. Preference for private sector land remote Transportation, a centralized policy office to be sensing system. known as the Office of Spaceports. SUBCHAPTER V—GENERAL PROVISIONS (b) FUNCTIONS.—The Office of Spaceports 60141. Nondiscriminatory data availability. shall— 60142. Archiving of data. (1) support licensing activities for operation 60143. Nonreproduction. of launch and reentry sites; 60144. Reimbursement for assistance. (2) develop policies that promote infrastruc- 60145. Acquisition of equipment. ture improvements at spaceports; 60146. Radio frequency allocation. (3) provide technical assistance and guidance 60147. Consultation. 60148. Enforcement. to spaceports; (4) promote United States spaceports within SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES the Department; and (5) strengthen the Nation’s competitiveness 60161. Prohibition. in commercial space transportation infra- 60162. Future considerations. structure and increase resilience for the Fed- AMENDMENTS eral Government and commercial customers. 2015—Pub. L. 114–90, title II, § 201(b), Nov. 25, 2015, 129 (c) RECOGNITION.—In carrying out the func- Stat. 719, added item 60126. tions assigned in subsection (b), the Secretary SUBCHAPTER I—GENERAL shall recognize the unique needs and distinc- tions of spaceports that host— § 60101. Definitions (1) launches to or reentries from orbit; and (2) are involved in suborbital launch activi- In this chapter: ties. (1) COST OF FULFILLING USER REQUESTS.—The term ‘‘cost of fulfilling user requests’’ means (d) DIRECTOR.—The head of the Office of the the incremental costs associated with provid- Associate Administrator for Commercial Space ing product generation, reproduction, and dis- Transportation shall designate a Director of the tribution of unenhanced data in response to Office of Spaceports. user requests and shall not include any acqui- (e) DEFINITION.—In this section the term sition, amortization, or depreciation of capital ‘‘spaceport’’ means a launch or reentry site that assets originally paid for by the United States is operated by an entity licensed by the Sec- Government or other costs not specifically at- retary of Transportation. tributable to fulfilling user requests. (Added Pub. L. 115–254, div. B, title V, § 580(b)(1), (2) DATA CONTINUITY.—The term ‘‘data con- Oct. 5, 2018, 132 Stat. 3395.) tinuity’’ means the continued acquisition and availability of unenhanced data which are, REFERENCES IN TEXT from the point of view of the user— The date of enactment of this section, referred to in (A) sufficiently consistent (in terms of ac- subsec. (a), is the date of enactment of Pub. L. 115–254, quisition geometry, coverage characteris- which was approved Oct. 5, 2018. tics, and spectral characteristics) with pre- vious Landsat data to allow comparisons for Subtitle VI—Earth Observations global and regional change detection and characterization; and CHAPTER 601—LAND REMOTE SENSING (B) compatible with such data and with POLICY methods used to receive and process such data. SUBCHAPTER I—GENERAL (3) DATA PREPROCESSING.—The term ‘‘data Sec. 60101. Definitions. preprocessing’’— (A) may include— SUBCHAPTER II—LANDSAT (i) rectification of system and sensor dis- 60111. Landsat Program Management. tortions in land remote sensing data as it 60112. Transfer of Landsat 6 program responsibil- is received directly from the satellite in ities. preparation for delivery to a user; 60113. Data policy for Landsat 7. (ii) registration of such data with respect SUBCHAPTER III—LICENSING OF PRIVATE to features of the Earth; and REMOTE SENSING SPACE SYSTEMS (iii) calibration of spectral response with 60121. General licensing authority. respect to such data; but 60122. Conditions for operation. (B) does not include conclusions, manipu- 60123. Administrative authority of Secretary. lations, or calculations derived from such 60124. Regulatory authority of Secretary. 60125. Agency activities. data, or a combination of such data with 60126. Annual reports. other data. (4) LAND REMOTE SENSING.—The term ‘‘land remote sensing’’ means the collection of data Page 121 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60101

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 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3409.) pursuant to section 60111(a) of this title; and (B) consisting of appropriate officers and HISTORICAL AND REVISION NOTES employees of the Administration, the De- Revised partment of Defense, and any other United Section Source (U.S. Code) Source (Statutes at Large) States Government agencies the President 60101 ...... 15 U.S.C. 5602. Pub. L. 102–555, § 3, Oct. 28, designates as responsible for the Landsat 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 102–555, 106 Stat. 4164) is omitted as unnecessary be- any follow-on land remote sensing system op- 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, (B) the results of such activities are dis- commercialization of land remote sensing should re- closed in a timely and complete fashion in main a long-term goal of United States policy. the open technical literature or other meth- ‘‘(7) Despite the success and importance of the od of public release, except when such disclo- Landsat system, funding and organizational uncer- tainties over the past several years have placed its sure by the United States Government or its future in doubt and have jeopardized United States contractors would adversely affect the na- leadership in land remote sensing. tional security or foreign policy of the ‘‘(8) Recognizing the importance of the Landsat United States or violate a provision of law program in helping to meet national and commercial or regulation; and objectives, the President approved, on February 11, (C) such data shall not be distributed in 1992, a National Space Policy Directive which was de- competition with unenhanced data provided veloped by the National Space Council and commits by the Landsat 6 contractor. the United States to ensuring the continuity of Land- sat coverage into the 21st century. (11) SECRETARY.—The term ‘‘Secretary’’ ‘‘(9) Because Landsat data are particularly impor- means the Secretary of Commerce. tant for national security purposes and global envi- (12) UNENHANCED DATA.—The term ‘‘un- ronmental change research, management responsibil- enhanced data’’ means land remote sensing ities for the program should be transferred from the Department of Commerce to an integrated program signals or imagery products that are unproc- management involving the Department of Defense essed or subject only to data preprocessing. and the National Aeronautics and Space Administra- (13) UNITED STATES GOVERNMENT AND ITS AF- tion. FILIATED USERS.—The term ‘‘United States ‘‘(10) Regardless of management responsibilities for Government and its affiliated users’’ means— the Landsat program, the Nation’s broad civilian, na- § 60111 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 122

tional security, commercial, and foreign policy inter- Landsat 6 satellite, with the addition of a ests in remote sensing will best be served by ensuring tracking and data relay satellite communica- that Landsat remains an unclassified program that tions capability; operates according to the principles of open skies and (2) include a baseline funding profile that— nondiscriminatory access. (A) is mutually acceptable to the Adminis- ‘‘(11) Technological advances aimed at reducing the size and weight of satellite systems hold the poten- tration and the Department of Defense for tial for dramatic reductions in the cost, and substan- the period covering the development and op- tial improvements in the capabilities, of future land eration of Landsat 7; and remote sensing systems, but such technological ad- (B) provides for total funding responsibil- vances have not been demonstrated for land remote ity of the Administration and the Depart- sensing and therefore cannot be relied upon as the ment of Defense, respectively, to be approxi- sole means of achieving data continuity for the Land- mately equal to the funding responsibility of sat program. the other as spread across the development ‘‘(12) A technology demonstration program involv- ing advanced remote sensing technologies could serve and operational life of Landsat 7; a vital role in determining the design of a follow-on (3) specify that any improvements over the spacecraft to Landsat 7, while also helping to deter- Landsat 6 functional equivalent capability for mine whether such a spacecraft should be funded by Landsat 7 will be funded by a specific sponsor- the United States Government, by the private sector, or by an international consortium. ing agency or agencies, in a manner agreed to ‘‘(13) To maximize the value of the Landsat pro- by the Landsat Program Management, if the gram to the American public, unenhanced Landsat 4 required funding exceeds the baseline funding through 6 data should be made available, at a mini- profile required by paragraph (2), and that ad- mum, to United States Government agencies, to glob- ditional improvements will be sought only if al environmental change researchers, and to other re- the improvements will not jeopardize data searchers who are financially supported by the continuity; and United States Government, at the cost of fulfilling (4) provide for a technology demonstration user requests, and unenhanced Landsat 7 data should program whose objective shall be the dem- be made available to all users at the cost of fulfilling 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 ate, and more responsive to data users, than is data policy for Landsat 7 which allows competition the current Landsat system. within the private sector for distribution of un- 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- mote sensing data for long-term monitoring and and foreign users of the Landsat system; study of the changing global environment.’’ (3) ensuring that all unenhanced Landsat [For definition of terms used in section 2 of Pub. L. data remain unclassified and that, except as 102–555, set out above, see section 3 of Pub. L. 102–555, provided in subsections (a) and (b) of section 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 SUBCHAPTER II—LANDSAT Landsat 7 system as required to meet the needs of the United States Global Change Re- § 60111. Landsat Program Management search Program, as established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et (a) ESTABLISHMENT.—The Administrator and the Secretary of Defense shall be responsible for seq.), and to meet the needs of national secu- management of the Landsat program. Such re- rity users; (5) Landsat data responsibilities pursuant to sponsibility shall be carried out by establishing this chapter; an integrated program management structure (6) oversight of Landsat contracts entered for the Landsat system. into under sections 102 1 and 103 1 of the Land (b) MANAGEMENT PLAN.—The Administrator, Remote Sensing Policy Act of 1992 (Public the Secretary of Defense, and any other United Law 102–555, 106 Stat. 4168); States Government official the President des- (7) coordination of a technology demonstra- ignates as responsible for part of the Landsat tion program pursuant to section 60133 of this program shall establish, through a management title; and plan, the roles, responsibilities, and funding ex- (8) ensuring that copies of data acquired by pectations for the Landsat program of the ap- the Landsat system are provided to the Na- propriate United States Government agencies. tional Satellite Land Remote Sensing Data The management plan shall— Archive. (1) specify that the fundamental goal of the Landsat Program Management is the continu- (d) AUTHORITY TO CONTRACT.—The Landsat ity of unenhanced Landsat data through the Program Management may, subject to appro- acquisition and operation of a Landsat 7 sat- priations and only under the existing contract ellite as quickly as practicable which is, at a minimum, functionally equivalent to the 1 See References in Text note below. Page 123 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60113 authority of the United States Government (§ 2921 et seq.) of Title 15, Commerce and Trade. For agencies that compose the Landsat Program complete classification of this Act to the Code, see Management, enter into contracts with the pri- Short Title note set out under section 2921 of Title 15 and Tables. vate sector for services such as satellite oper- Sections 102 and 103 of the Land Remote Sensing Pol- ations and data preprocessing. icy Act of 1992, referred to in subsec. (c)(6), which were (e) LANDSAT ADVISORY PROCESS.— classified to sections 5612 and 5613, respectively, of (1) ADVICE AND COMMENTS.—The Landsat Title 15, Commerce and Trade, were repealed by Pub. L. Program Management shall seek impartial ad- 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, which Act en- vice and comments regarding the status, effec- acted this title. tiveness, and operation of the Landsat system, DEVELOPMENT, PROCUREMENT, AND SUPPORT using existing advisory committees and other appropriate mechanisms. Such advice shall be Pub. L. 102–484, div. A, title II, § 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103–35, title II, sought from individuals who represent— § 202(a)(3), May 31, 1993, 107 Stat. 101, provided that: (A) a broad range of perspectives on basic ‘‘The Secretary of Defense is authorized to contract for and applied science and operational needs the development and procurement of, and support for with respect to land remote sensing data; operations of, the Landsat vehicle designated as Land- (B) the full spectrum of users of Landsat sat 7.’’ Similar provisions were contained in the follow- data, including representatives from United ing prior appropriation act: States Government agencies, State and local Pub. L. 102–396, title IX, § 9082A, Oct. 6, 1992, 106 Stat. government agencies, academic institutions, 1920. nonprofit organizations, value-added compa- § 60112. Transfer of Landsat 6 program respon- nies, the agricultural, mineral extraction, sibilities and other user industries, and the public; and The responsibilities of the Secretary with re- (C) a broad diversity of age groups, sexes, spect to Landsat 6 shall be transferred to the and races. Landsat Program Management, as agreed to be- tween the Secretary and the Landsat Program (2) REPORTS.—The Landsat Program Man- Management, pursuant to section 60111 of this agement shall prepare and submit biennially a title. report to Congress which— (A) reports the public comments received (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.) pursuant to paragraph (1); and HISTORICAL AND REVISION NOTES (B) includes— (i) a response to the public comments re- Revised Source (U.S. Code) Source (Statutes at Large) ceived pursuant to paragraph (1); Section (ii) information on the volume of use, by 60112 ...... 15 U.S.C. 5614. Pub. L. 102–555, title I, § 104, category, of data from the Landsat sys- Oct. 28, 1992, 106 Stat. 4170. tem; and (iii) any recommendations for policy or § 60113. Data policy for Landsat 7 programmatic changes to improve the (a) LANDSAT 7 DATA POLICY.—The Landsat utility and operation of the Landsat sys- Program Management, in consultation with tem. other appropriate United States Government (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3411.) agencies, shall develop a data policy for Landsat 7 which should— HISTORICAL AND REVISION NOTES (1) ensure that unenhanced data are avail- able to all users at the cost of fulfilling user Revised Source (U.S. Code) Source (Statutes at Large) Section requests; (2) ensure timely and dependable delivery of 60111 ...... 15 U.S.C. 5611. Pub. L. 102–555, title I, § 101, Oct. 28, 1992, 106 Stat. 4166. unenhanced data to the full spectrum of civil- ian, national security, commercial, and for- In subsection (b), in the matter before paragraph (1), eign users and the National Satellite Land Re- after the words ‘‘funding expectations for the Land- mote Sensing Data Archive; sat’’, the word ‘‘program’’ is set out without being cap- (3) ensure that the United States retains italized to correct an error in the law. In subsection (c)(6), the words ‘‘sections 102 and 103 of ownership of all unenhanced data generated by the Land Remote Sensing Policy Act of 1992 (Public Landsat 7; Law 102–555, 106 Stat. 4168)’’ are substituted for ‘‘sec- (4) support the development of the commer- tions 102 and 103’’ to clarify the reference. The ref- cial market for remote sensing data; erence to sections 102 and 103 of the Land Remote Sens- (5) ensure that the provision of commercial ing Policy Act of 1992 is retained in text, notwithstand- value-added services based on remote sensing ing the fact that sections 102 and 103 of the Act are re- data remains exclusively the function of the pealed as obsolete, because oversight responsibilities private sector; and may continue for contracts entered into under the now (6) to the extent possible, ensure that the obsolete provisions. In subsection (e)(2), in the matter before subpara- data distribution system for Landsat 7 is com- graph (A), the word ‘‘biennially’’ is substituted for patible with the Earth Observing System Data ‘‘Within 1 year after the date of the enactment of this and Information System. Act and biennially thereafter,’’ to eliminate obsolete (b) ADDITIONAL DATA POLICY CONSIDER- language. ATIONS.—In addition, the data policy for Landsat REFERENCES IN TEXT 7 may provide for— The Global Change Research Act of 1990, referred to (1) United States private sector entities to in subsec. (c)(4), is Pub. L. 101–606, Nov. 16, 1990, 104 operate ground receiving stations in the Stat. 3096, which is classified generally to chapter 56A United States for Landsat 7 data; § 60121 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 124

(2) other means for direct access by private (d) IMPROPER BASIS FOR DENIAL.—The Sec- sector entities to unenhanced data from Land- retary shall not deny such license in order to sat 7; and protect any existing licensee from competition. (3) the United States Government to charge (e) REQUIREMENT TO PROVIDE UNENHANCED a per image fee, license fee, or other such fee DATA.— to entities operating ground receiving stations (1) DESIGNATION OF DATA.—The Secretary, in or distributing Landsat 7 data. consultation with other appropriate United 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- HISTORICAL AND REVISION NOTES sued pursuant to this subchapter any un- enhanced data required to be provided by the Revised licensee under section 60122(b)(3) of this title. Section Source (U.S. Code) Source (Statutes at Large) (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, 106 Stat. 4170. graph (1) after determining that— (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. (3) CONSISTENCY WITH CONTRACT OR OTHER AR- (2) LIMITATION WITH RESPECT TO SYSTEM USED RANGEMENT.—A designation made by the Sec- FOR OTHER PURPOSES.—In the case of a private retary under paragraph (1) shall not be incon- space system that is used for remote sensing sistent with any contract or other arrange- and other purposes, the authority of the Sec- ment entered into between a United States retary under this subchapter shall be limited Government agency and the licensee. only to the remote sensing operations of such 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- Revised CURITY.— Section Source (U.S. Code) Source (Statutes at Large) (1) IN GENERAL.—No license shall be granted 60121 ...... 15 U.S.C. 5621. Pub. L. 102–555, title II, § 201, by the Secretary unless the Secretary deter- Oct. 28, 1992, 106 Stat. 4171; mines in writing that the applicant will com- Pub. L. 105–303, title I, § 107(f)(1), Oct. 28, 1998, 112 ply with the requirements of this chapter, any Stat. 2854. regulations issued pursuant to this chapter, and any applicable international obligations In subsection (b)(2), the words ‘‘within 6 months after and national security concerns of the United the date of the enactment of the Commercial Space Act States. of 1998’’ are omitted as obsolete. (2) LIST OF REQUIREMENTS FOR COMPLETE AP- PROHIBITION ON COLLECTION AND RELEASE OF DETAILED PLICATION.—The Secretary shall publish in the SATELLITE IMAGERY RELATING TO ISRAEL Federal Register a complete and specific list Pub. L. 104–201, div. A, title X, § 1064, Sept. 23, 1996, 110 of all information required to comprise a com- Stat. 2653, provided that: plete application for a license under this sub- ‘‘(a) COLLECTION AND DISSEMINATION.—A department chapter. An application shall be considered or agency of the United States may issue a license for complete when the applicant has provided all the collection or dissemination by a non-Federal entity of satellite imagery with respect to Israel only if such information required by the list most recently imagery is no more detailed or precise than satellite published in the Federal Register before the imagery of Israel that is available from commercial date the application was first submitted. Un- sources. less the Secretary has, within 30 days after re- ‘‘(b) DECLASSIFICATION AND RELEASE.—A department ceipt of an application, notified the applicant or agency of the United States may declassify or other- of information necessary to complete an appli- wise release satellite imagery with respect to Israel cation, the Secretary may not deny the appli- only if such imagery is no more detailed or precise than satellite imagery of Israel that is available from com- cation on the basis of the absence of any such mercial sources.’’ information. § 60122. Conditions for operation (c) DEADLINE FOR ACTION ON APPLICATION.— The Secretary shall review any application and (a) LICENSE REQUIRED FOR OPERATION.—No per- make a determination thereon within 120 days son that is subject to the jurisdiction or control of the receipt of such application. If final action of the United States may, directly or through has not occurred within such time, the Sec- any subsidiary or affiliate, operate any private retary shall inform the applicant of any pending remote sensing space system without a license issues and of actions required to resolve them. pursuant to section 60121 of this title. Page 125 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60125

(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 (4) compromise, modify, or remit any such available and on reasonable terms and condi- civil penalty; tions; (5) issue subpoenas for any materials, docu- (3) make unenhanced data designated by the ments, or records, or for the attendance and Secretary in the license pursuant to section testimony of witnesses for the purpose of con- 60121(e) of this title available in accordance ducting a hearing under this section; with section 60141 of this title; (6) seize any object, record, or report pursu- (4) upon termination of operations under the ant to a warrant from a magistrate based on a license, make disposition of any satellites in showing of probable cause to believe that such space in a manner satisfactory to the Presi- object, record, or report was used, is being dent; used, or is likely to be used in violation of this (5) furnish the Secretary with complete orbit chapter or the requirements of a license or and data collection characteristics of the sys- regulation issued thereunder; and tem, and inform the Secretary immediately of (7) make investigations and inquiries and ad- any deviation; and minister to or take from any person an oath, (6) notify the Secretary of any significant or affirmation, or affidavit concerning any mat- substantial agreement the licensee intends to ter relating to the enforcement of this chap- enter with a foreign nation, entity, or consor- ter. tium involving foreign nations or entities. (b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that makes a timely request for re- (c) ADDITIONAL LICENSING REQUIREMENTS FOR view of an adverse action pursuant to paragraph LANDSAT 6 CONTRACTOR.—In addition to the re- (1), (3), (5), or (6) of subsection (a) shall be enti- quirements of subsection (b), any license issued tled to adjudication by the Secretary on the pursuant to this subchapter to the Landsat 6 record after an opportunity for any agency hear- contractor shall specify that the Landsat 6 con- ing with respect to such adverse action. Any tractor shall— final action by the Secretary under this sub- (1) notify the Secretary of any value added section shall be subject to judicial review under activities (as defined by the Secretary by reg- chapter 7 of title 5. ulation) that will be conducted by the Landsat 6 contractor or by a subsidiary or affiliate; and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.) (2) if such activities are to be conducted, HISTORICAL AND REVISION NOTES provide the Secretary with a plan for compli- ance with section 60141 of this title. Revised Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.) 60123 ...... 15 U.S.C. 5623. Pub. L. 102–555, title II, § 203, HISTORICAL AND REVISION NOTES Oct. 28, 1992, 106 Stat. 4172. In subsection (a), at the end of paragraph (2), a semi- Revised Source (U.S. Code) Source (Statutes at Large) Section colon is substituted for the period to correct an error in the law. 60122 ...... 15 U.S.C. 5622. Pub. L. 102–555, title II, § 202, Oct. 28, 1992, 106 Stat. 4172; Pub. L. 105–303, title I, § 60124. Regulatory authority of Secretary § 107(f)(2), Oct. 28, 1998, 112 Stat. 2854. The Secretary may issue regulations to carry out this subchapter. Such regulations shall be In subsection (c), in the matter before paragraph (1), promulgated only after public notice and com- the words ‘‘subsection (b)’’ are substituted for ‘‘para- ment in accordance with the provisions of sec- graph (b)’’ to correct an error in the law. tion 553 of title 5. § 60123. Administrative authority of Secretary (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3416.)

(a) FUNCTIONS.—In order to carry out the re- HISTORICAL AND REVISION NOTES sponsibilities specified in this subchapter, the Secretary may— Revised Section Source (U.S. Code) Source (Statutes at Large) (1) grant, condition, or transfer licenses under this chapter; 60124 ...... 15 U.S.C. 5624. Pub. L. 102–555, title II, § 204, Oct. 28, 1992, 106 Stat. 4173. (2) seek an order of injunction or similar ju- dicial determination from a district court of § 60125. Agency activities the United States with personal jurisdiction over the licensee to terminate, modify, or sus- (a) LICENSE APPLICATION AND ISSUANCE.—A pri- pend licenses under this subchapter and to ter- vate sector party may apply for a license to op- § 60126 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 126 erate a private remote sensing space system the interagency adjudication process of a li- which utilizes, on a space-available basis, a ci- censing request; vilian United States Government satellite or ve- (D) a list of all applications that required hicle as a platform for such system. The Sec- additional information; and retary, pursuant to this subchapter, may license (E) a list of all applications whose disposi- such system if it meets all conditions of this tion exceeded the 120 day deadline estab- subchapter and— lished in section 60121(c), the total days (1) the system operator agrees to reimburse overdue for each application that exceeded the Government in a timely manner for all re- such deadline, and an explanation for the lated costs incurred with respect to such utili- delay; zation, including a reasonable and propor- (2) all notifications and information pro- tionate share of fixed, platform, data trans- vided to the Secretary under section 60122; and mission, and launch costs; and (3) a description of all actions taken by the (2) such utilization would not interfere with Secretary under the administrative authority or otherwise compromise intended civilian granted by paragraphs (4), (5), and (6) of sec- Government missions, as determined by the tion 60123(a). agency responsible for such civilian platform. (b) CLASSIFIED ANNEXES.—Each report under (b) ASSISTANCE.—The Secretary may offer as- subsection (a) may include classified annexes as sistance to private sector parties in finding ap- necessary to protect the disclosure of sensitive propriate opportunities for such utilization. or classified information. (c) AGREEMENTS.—To the extent provided in (c) SUNSET.—The reporting requirement under advance by appropriation Acts, any United this section terminates effective September 30, States Government agency may enter into 2020. agreements for such utilization if such agree- ments are consistent with such agency’s mission (Added Pub. L. 114–90, title II, § 201(a), Nov. 25, and statutory authority, and if such remote 2015, 129 Stat. 719.) sensing space system is licensed by the Sec- REFERENCES IN TEXT retary before commencing operation. The date of enactment of the U.S. Commercial Space (d) APPLICABILITY.—This section does not Launch Competitiveness Act, referred to in subsec. (a), apply to activities carried out under subchapter is the date of enactment of Pub. L. 114–90, which was IV. approved Nov. 25, 2015. (e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall affect the authority of the SUBCHAPTER IV—RESEARCH, Federal Communications Commission pursuant DEVELOPMENT, AND DEMONSTRATION to the Communications Act of 1934 (47 U.S.C. 151 § 60131. Continued Federal research and develop- et seq.). ment (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3416.) (a) ROLES OF ADMINISTRATION AND DEPARTMENT HISTORICAL AND REVISION NOTES OF DEFENSE.— (1) IN GENERAL.—The Administrator and the Revised Secretary of Defense are directed to continue Section Source (U.S. Code) Source (Statutes at Large) and to enhance programs of remote sensing re- 60125 ...... 15 U.S.C. 5625. Pub. L. 102–555, title II, § 205, search and development. Oct. 28, 1992, 106 Stat. 4173. (2) ADMINISTRATION ACTIVITIES AUTHORIZED AND ENCOURAGED REFERENCES IN TEXT .—The Administrator is au- thorized and encouraged to— The Communications Act of 1934, referred to in sub- (A) conduct experimental space remote sec. (e), is act June 19, 1934, ch. 652, 48 Stat. 1064, which sensing programs (including applications is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classifica- demonstration programs and basic research tion of this Act to the Code, see section 609 of Title 47 at universities); and Tables. (B) develop remote sensing technologies and techniques, including those needed for § 60126. Annual reports monitoring the Earth and its environment; (a) IN GENERAL.—The Secretary shall submit a and report to the Committee on Commerce, Science, (C) conduct such research and development and Transportation of the Senate and the Com- in cooperation with other United States mittee on Science, Space, and Technology of the Government agencies and with public and House of Representatives not later than 180 days private research entities (including private after the date of enactment of the U.S. Commer- industry, universities, non-profit organiza- cial Space Launch Competitiveness Act, and an- tions, State and local governments, foreign nually thereafter, on— governments, and international organiza- (1) the Secretary’s implementation of sec- tions) and to enter into arrangements (in- tion 60121, including— cluding joint ventures) which will foster (A) a list of all applications received in the such cooperation. previous calendar year; (b) ROLES OF DEPARTMENT OF AGRICULTURE (B) a list of all applications that resulted AND DEPARTMENT OF THE INTERIOR.— in a license under section 60121; (1) IN GENERAL.—In order to enhance the (C) a list of all applications denied and an ability of the United States to manage and explanation of why each application was de- utilize its renewable and nonrenewable re- nied, including any information relevant to sources, the Secretary of Agriculture and the Page 127 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60134

Secretary of the Interior are authorized and (3) demonstrate within such 5-year period an encouraged to conduct programs of research advanced land remote sensing system design and development in the applications of remote that could be less expensive to procure and op- sensing using funds appropriated for such pur- erate than the Landsat system projected to be poses. in operation through the year 2000, and that (2) ACTIVITIES THAT MAY BE INCLUDED.—Such therefore holds greater potential for private programs may include basic research at uni- sector investment and control. versities, demonstrations of applications, and (b) EXECUTION OF PROGRAM.—In executing the cooperative activities involving other Govern- technology demonstration program, the Presi- ment agencies, private sector parties, and for- dent shall seek to apply technologies associated eign and international organizations. with United States National Technical Means of (c) ROLE OF OTHER FEDERAL AGENCIES.—Other intelligence gathering, to the extent that such United States Government agencies are author- technologies are appropriate for the technology ized and encouraged to conduct research and de- demonstration and can be declassified for such velopment on the use of remote sensing in the purposes without causing adverse harm to fulfillment of their authorized missions, using United States national security interests. funds appropriated for such purposes. (c) BROAD APPLICATION.—To the greatest ex- tent practicable, the technology demonstration (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.) program established under subsection (a) shall HISTORICAL AND REVISION NOTES be designed to be responsive to the broad civil- ian, national security, commercial, and foreign Revised policy needs of the United States. Section Source (U.S. Code) Source (Statutes at Large) (d) PRIVATE SECTOR FUNDING.—The technology 60131 ...... 15 U.S.C. 5631. Pub. L. 102–555, title III, demonstration program under this section may § 301, Oct. 28, 1992, 106 Stat. 4174. be carried out in part with private sector fund- ing. (e) LANDSAT PROGRAM MANAGEMENT COORDINA- § 60132. Availability of federally gathered un- TION.—The Landsat Program Management shall enhanced data 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 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) gathered under the technology demonstration program carried out pursuant to section 60133 of HISTORICAL AND REVISION NOTES this title, shall be made available to users in a Revised timely fashion. Section Source (U.S. Code) Source (Statutes at Large) (b) PROTECTION FOR COMMERCIAL DATA DIS- 60133 ...... 15 U.S.C. 5633(a)–(e). Pub. L. 102–555, title III, TRIBUTOR.—The President shall seek to ensure § 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 substituted for ‘‘the date of the enactment of this Act’’ extent practicable, be made available on terms to reflect the date of enactment of the Land Remote that would not adversely affect the commercial Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. market for unenhanced data gathered by the 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- mote sensing system HISTORICAL AND REVISION NOTES (a) IN GENERAL.—If a successor land remote Revised Section Source (U.S. Code) Source (Statutes at Large) sensing system to Landsat 7 can be funded and managed by the private sector while still 60132 ...... 15 U.S.C. 5632. Pub. L. 102–555, title III, § 302, Oct. 28, 1992, 106 achieving the goals stated in subsection (b) Stat. 4174. without jeopardizing the domestic, national se- curity, and foreign policy interests of the United In subsection (b), the word ‘‘affect’’ is substituted for States, preference should be given to the devel- ‘‘effect’’ to correct an error in the law. opment of such a system by the private sector § 60133. Technology demonstration program without competition from the United States Government. (a) ESTABLISHMENT.—As a fundamental compo- (b) GOALS.—The goals referred to in subsection nent of a national land remote sensing strategy, (a) are— the President shall establish, through appro- (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 § 60141 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 128

under the technology demonstration program (2) control the content and scope of the ar- under section 60133 of this title, which may po- chive; and tentially yield a system that is less expensive (3) ensure the quality, integrity, and con- to build and operate, and more responsive to tinuity of the archive. data users, than is the Landsat system other- (b) ARCHIVING PRACTICES.—The Secretary of wise projected to be in operation in the future. the Interior, in consultation with the Landsat (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) Program Management, shall provide for long- term storage, maintenance, and upgrading of a HISTORICAL AND REVISION NOTES basic, global, land remote sensing data set (here- Revised Source (U.S. Code) Source (Statutes at Large) after in this section referred to as the ‘‘basic Section data set’’) and shall follow reasonable archival 60134(a) ...... 15 U.S.C. 5641(c). Pub. L. 102–555, title IV, practices to ensure proper storage and preserva- § 401(b), (c), Oct. 28, 1992, tion of the basic data set and timely access for 106 Stat. 4176. 60134(b) ...... 15 U.S.C. 5641(b). parties requesting data. (c) DETERMINATION OF CONTENT OF BASIC DATA In subsection (b), in the matter before paragraph (1), SET.—In determining the initial content of, or the words ‘‘In carrying out subsection (a), the Landsat in upgrading, the basic data set, the Secretary Program Management shall consider the ability of each of the Interior shall— of the options to’’ are omitted as obsolete. The omitted words refer to section 401(a) of the Land Remote Sens- (1) use as a baseline the data archived on Oc- ing Policy Act of 1992 (15 U.S.C. 5641(a)), which re- tober 28, 1992; quired, within 5 years after October 28, 1992, the Land- (2) take into account future technical and sat Program Management, in consultation with rep- scientific developments and needs, paying par- resentatives of appropriate United States Government ticular attention to the anticipated data re- agencies, to assess and report to Congress on options quirements of global environmental change re- for a successor land remote sensing system to Landsat search; 7. In subsection (b)(3), the words ‘‘otherwise projected (3) consult with and seek the advice of users to be in operation in the future’’ are substituted for and producers of remote sensing data and data ‘‘projected to be in operation through the year 2000’’ to products; eliminate obsolete language. (4) consider the need for data which may be duplicative in terms of geographical coverage SUBCHAPTER V—GENERAL PROVISIONS but which differ in terms of season, spectral § 60141. Nondiscriminatory data availability bands, resolution, or other relevant factors; (5) include, as the Secretary of the Interior (a) IN GENERAL.—Except as provided in sub- considers appropriate, unenhanced data gen- section (b), any unenhanced data generated by erated either by the Landsat system, pursuant the Landsat system or any other land remote to subchapter II, or by licensees under sub- sensing system funded and owned by the United chapter III; States Government shall be made available to (6) include, as the Secretary of the Interior all users without preference, bias, or any other considers appropriate, data collected by for- special arrangement (except on the basis of na- eign ground stations or by foreign remote tional security concerns pursuant to section sensing space systems; and 60146 of this title) regarding delivery, format, (7) ensure that the content of the archive is pricing, or technical considerations which would developed in accordance with section 60146 of favor one customer or class of customers over this title. another. (b) EXCEPTIONS.—Unenhanced data generated (d) PUBLIC DOMAIN.—After the expiration of by the Landsat system or any other land remote any exclusive right to sell, or after relinquish- sensing system funded and owned by the United ment of such right, the data provided to the Na- States Government may be made available to tional Satellite Land Remote Sensing Data Ar- the United States Government and its affiliated chive shall be in the public domain and shall be users at reduced prices, in accordance with this made available to requesting parties by the Sec- chapter, on the condition that such unenhanced retary of the Interior at the cost of fulfilling data are used solely for noncommercial pur- user requests. poses. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) 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) Section 60142 ...... 15 U.S.C. 5652. Pub. L. 102–555, title V, § 502, Oct. 28, 1992, 106 Stat. 4176. 60141 ...... 15 U.S.C. 5651. Pub. L. 102–555, title V, § 501, Oct. 28, 1992, 106 Stat. 4176. In subsection (b), the words ‘‘hereafter in this sec- tion’’ are substituted for ‘‘hereinafter’’ for clarity. § 60142. Archiving of data In subsection (c), in the matter before paragraph (1), (a) PUBLIC INTEREST.—It is in the public inter- the words ‘‘of the Interior’’ are substituted for ‘‘of Inte- est for the United States Government to— rior’’ to correct an error in the law. 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). Page 129 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60147

§ 60143. Nonreproduction If final action has not occurred within 120 days of the receipt of such an application, the Federal Unenhanced data distributed by any licensee Communications Commission shall inform the under subchapter III may be sold on the condi- applicant of any pending issues and of actions tion that such data will not be reproduced or required to resolve them. disseminated by the purchaser for commercial (c) DEVELOPMENT AND CONSTRUCTION OF UNITED purposes. STATES SYSTEMS.—Authority shall not be re- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) quired from the Federal Communications Com- mission for the development and construction of HISTORICAL AND REVISION NOTES any United States land remote sensing space Revised system (or component thereof), other than radio Section Source (U.S. Code) Source (Statutes at Large) transmitting facilities or components, while any 60143 ...... 15 U.S.C. 5653. Pub. L. 102–555, title V, § 503, licensing determination is being made. Oct. 28, 1992, 106 Stat. 4177. (d) CONSISTENCY WITH INTERNATIONAL OBLIGA- TIONS AND PUBLIC INTEREST.—Frequency alloca- § 60144. Reimbursement for assistance tions made pursuant to this section by the Fed- eral Communications Commission shall be con- The Administrator, the Secretary of Defense, sistent with international obligations and with and the heads of other United States Govern- the public interest. ment agencies may provide assistance to land remote sensing system operators under the pro- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) visions of this chapter. Substantial assistance HISTORICAL AND REVISION NOTES shall be reimbursed by the operator, except as otherwise provided by law. Revised Section Source (U.S. Code) Source (Statutes at Large) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) 60146 ...... 15 U.S.C. 5656. Pub. L. 102–555, title V, § 506, Oct. 28, 1992, 106 Stat. 4177. HISTORICAL AND REVISION NOTES

Revised REFERENCES IN TEXT Section Source (U.S. Code) Source (Statutes at Large) The Communications Act of 1934, referred to in sub- 60144 ...... 15 U.S.C. 5654. Pub. L. 102–555, title V, § 504, secs. (a) and (b), is act June 19, 1934, ch. 652, 48 Stat. Oct. 28, 1992, 106 Stat. 4177. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete § 60145. Acquisition of equipment classification of this Act to the Code, see section 609 of Title 47 and Tables. The Landsat Program Management may, by means of a competitive process, allow a licensee § 60147. Consultation under subchapter III or any other private party (a) CONSULTATION WITH SECRETARY OF DE- to buy, lease, or otherwise acquire the use of FENSE.—The Secretary and the Landsat Program equipment from the Landsat system, when such Management shall consult with the Secretary of equipment is no longer needed for the operation Defense on all matters under this chapter affect- of such system or for the sale of data from such ing national security. The Secretary of Defense system. Officials of other United States Govern- shall be responsible for determining those condi- ment civilian agencies are authorized and en- tions, consistent with this chapter, necessary to couraged to cooperate with the Secretary in car- meet national security concerns of the United rying out this section. States and for notifying the Secretary and the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) Landsat Program Management promptly of such conditions. HISTORICAL AND REVISION NOTES (b) CONSULTATION WITH SECRETARY OF STATE.— (1) IN GENERAL.—The Secretary and the Revised Section Source (U.S. Code) Source (Statutes at Large) Landsat Program Management shall consult with the Secretary of State on all matters 60145 ...... 15 U.S.C. 5655. Pub. L. 102–555, title V, § 505, Oct. 28, 1992, 106 Stat. 4177. under this chapter affecting international ob- ligations. The Secretary of State shall be re- § 60146. Radio frequency allocation sponsible for determining those conditions, consistent with this chapter, necessary to (a) APPLICATION TO FEDERAL COMMUNICATIONS meet international obligations and policies of COMMISSION.—To the extent required by the the United States and for notifying promptly Communications Act of 1934 (47 U.S.C. 151 et the Secretary and the Landsat Program Man- seq.), an application shall be filed with the Fed- agement of such conditions. eral Communications Commission for any radio (2) INTERNATIONAL AID.—Appropriate United facilities involved with commercial remote sens- States Government agencies are authorized ing space systems licensed under subchapter III. and encouraged to provide remote sensing (b) DEADLINE FOR FCC ACTION.—It is the intent data, technology, and training to developing of Congress that the Federal Communications nations as a component of programs of inter- Commission complete the radio licensing proc- national aid. ess under the Communications Act of 1934 (47 (3) REPORTING DISCRIMINATORY DISTRIBU- U.S.C. 151 et seq.), upon the application of any TION.—The Secretary of State shall promptly private sector party or consortium operator of report to the Secretary and Landsat Program any commercial land remote sensing space sys- Management any instances outside the United tem subject to this chapter, within 120 days of States of discriminatory distribution of Land- the receipt of an application for such licensing. sat data. § 60148 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 130

(c) STATUS REPORT.—The Landsat Program (d) PROCEDURES AND REGULATIONS.—The Sec- Management shall, as often as necessary, pro- retary shall issue any regulations necessary to vide to Congress complete and updated informa- carry out this section and shall establish stand- tion about the status of ongoing operations of ards and procedures governing the imposition of the Landsat system, including timely notifica- enforcement mechanisms under subsection (b). tion of decisions made with respect to the Land- The standards and procedures shall include a sat system in order to meet national security procedure for potentially aggrieved parties to concerns and international obligations and poli- file formal protests with the Secretary alleging cies of the United States Government. instances where such unenhanced data have (d) REIMBURSEMENTS.—If, as a result of tech- been, or are being, used for commercial purposes nical modifications imposed on a licensee under in violation of the terms of receipt of such data. subchapter III on the basis of national security The Secretary shall promptly act to investigate concerns, the Secretary, in consultation with any such protest, and shall report annually to the Secretary of Defense or with other Federal Congress on instances of such violations. agencies, determines that additional costs will be incurred by the licensee, or that past develop- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.) ment costs (including the cost of capital) will HISTORICAL AND REVISION NOTES not be recovered by the licensee, the Secretary may require the agency or agencies requesting Revised Section Source (U.S. Code) Source (Statutes at Large) such technical modifications to reimburse the licensee for such additional or development 60148 ...... 15 U.S.C. 5658. Pub. L. 102–555, title V, § 508, costs, but not for anticipated profits. Reim- Oct. 28, 1992, 106 Stat. 4179. bursements may cover costs associated with re- In subsection (d), in the second sentence, the words quired changes in system performance, but not ‘‘have been, or are being’’ are substituted for ‘‘has been, costs ordinarily associated with doing business or is being’’ to correct an error in the law. abroad. SUBCHAPTER VI—PROHIBITION OF COM- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.) MERCIALIZATION OF WEATHER SAT- HISTORICAL AND REVISION NOTES ELLITES

Revised § 60161. Prohibition Section Source (U.S. Code) Source (Statutes at Large) Neither the President nor any other official of 60147 ...... 15 U.S.C. 5657. Pub. L. 102–555, title V, § 507, the Government shall make any effort to lease, Oct. 28, 1992, 106 Stat. 4178. sell, or transfer to the private sector, or com- mercialize, any portion of the weather satellite § 60148. Enforcement systems operated by the Department of Com- (a) IN GENERAL.—In order to ensure that un- merce or any successor agency. enhanced data from the Landsat system re- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) ceived solely for noncommercial purposes are not used for any commercial purpose, the Sec- HISTORICAL AND REVISION NOTES retary (in collaboration with private sector enti- Revised ties responsible for the marketing and distribu- Section Source (U.S. Code) Source (Statutes at Large) tion of unenhanced data generated by the Land- 60161 ...... 15 U.S.C. 5671. Pub. L. 102–555, title VI, sat system) shall develop and implement a sys- § 601, Oct. 28, 1992, 106 tem for enforcing this prohibition, in the event Stat. 4179. that unenhanced data from the Landsat system are made available for noncommercial purposes § 60162. Future considerations at a different price than such data are made available for other purposes. Regardless of any change in circumstances (b) AUTHORITY OF SECRETARY.—Subject to sub- subsequent to October 28, 1992, even if such section (d), the Secretary may impose any of the change makes it appear to be in the national in- enforcement mechanisms described in sub- terest to commercialize weather satellites, nei- section (c) against a person that— ther the President nor any official shall take (1) receives unenhanced data from the Land- any action prohibited by section 60161 of this sat system under this chapter solely for non- title unless this subchapter has first been re- commercial purposes (and at a different price pealed. than the price at which such data are made (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) available for other purposes); and (2) uses such data for other than non- HISTORICAL AND REVISION NOTES commercial purposes. Revised Source (U.S. Code) Source (Statutes at Large) (c) ENFORCEMENT MECHANISMS.—Enforcement Section mechanisms referred to in subsection (b) may 60162 ...... 15 U.S.C. 5672. Pub. L. 102–555, title VI, include civil penalties of not more than $10,000 § 602, Oct. 28, 1992, 106 (per day per violation), denial of further un- Stat. 4180. enhanced data purchasing privileges, and any The date ‘‘October 28, 1992’’ is substituted for ‘‘the en- other penalties or restrictions the Secretary actment of this Act’’ to reflect the date of enactment considers necessary to ensure, to the greatest of the Land Remote Sensing Policy Act of 1992 (Public extent practicable, that unenhanced data pro- Law 102–555, 106 Stat. 4163). vided for noncommercial purposes are not used to unfairly compete in the commercial market CHAPTER 603—REMOTE SENSING against private sector entities not eligible for Sec. data at the cost of fulfilling user requests. 60301. Definitions. Page 131 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60304

Sec. imagery and derived satellite data products, 60302. General responsibilities. existing public data sets where commercial 60303. Pilot projects to encourage public sector ap- plications. data sets are not available or applicable, or 60304. Program evaluation. the fusion of such data sets; 60305. Data availability. (2) integrate multiple sources of geospatial 60306. Education. information, such as geographic information system data, satellite-provided positioning § 60301. Definitions data, and remotely sensed data, in innovative In this chapter: ways; (1) GEOSPATIAL INFORMATION.—The term (3) include funds or in-kind contributions ‘‘geospatial information’’ means knowledge of from non-Federal sources; the nature and distribution of physical and (4) involve the participation of commercial cultural features on the landscape based on entities that process raw or lightly processed analysis of data from airborne or spaceborne data, often merging that data with other geo- platforms or other types and sources of data. spatial information, to create data products (2) HIGH RESOLUTION.—The term ‘‘high reso- that have significant value added to the origi- lution’’ means resolution better than five me- nal data; and ters. (5) taken together demonstrate as diverse a (3) INSTITUTION OF HIGHER EDUCATION.—The set of public sector applications as possible. term ‘‘institution of higher education’’ has the meaning given the term in section 101(a) of the (c) OPPORTUNITIES.—In carrying out this sec- Higher Education Act of 1965 (20 U.S.C. tion, the Administrator shall seek opportunities 1001(a)). to assist— (1) in the development of commercial appli- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.) cations potentially available from the remote HISTORICAL AND REVISION NOTES sensing industry; and (2) State, local, regional, and tribal agencies Revised Source (U.S. Code) Source (Statutes at Large) in applying remote sensing and other geo- Section spatial information technologies for growth 60301 ...... 42 U.S.C. 16671. Pub. L. 109–155, title III, management. § 311, Dec. 30, 2005, 119 Stat. 2920. (d) DURATION.—Assistance for a pilot project under subsection (a) shall be provided for a pe- § 60302. General responsibilities riod not to exceed 3 years. The Administrator shall— (e) REPORT.—Each recipient of a grant under (1) develop a sustained relationship with the subsection (a) shall transmit a report to the Ad- United States commercial remote sensing in- ministrator on the results of the pilot project dustry and, consistent with applicable policies within 180 days of the completion of that and law, to the maximum practicable, rely on project. their services; and (f) WORKSHOP.—Each recipient of a grant (2) in conjunction with United States indus- under subsection (a) shall, not later than 180 try and universities, research, develop, and days after the completion of the pilot project, demonstrate prototype Earth science applica- conduct at least one workshop for potential tions to enhance Federal, State, local, and users to disseminate the lessons learned from tribal governments’ use of government and the pilot project as widely as feasible. commercial remote sensing data, tech- (g) REGULATIONS.—The Administrator shall nologies, and other sources of geospatial infor- issue regulations establishing application, selec- mation for improved decision support to ad- tion, and implementation procedures for pilot dress their needs. projects, and guidelines for reports and work- shops required by this section. (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 Source (U.S. Code) Source (Statutes at Large) Section Revised Section Source (U.S. Code) Source (Statutes at Large) 60302 ...... 42 U.S.C. 16672. Pub. L. 109–155, title III, § 312, Dec. 30, 2005, 119 60303 ...... 42 U.S.C. 16673. Pub. L. 109–155, title III, Stat. 2920. § 313, Dec. 30, 2005, 119 Stat. 2921. § 60303. Pilot projects to encourage public sector applications § 60304. Program evaluation (a) IN GENERAL.—The Administrator shall es- (a) ADVISORY COMMITTEE.—The Administrator tablish a program of grants for competitively shall establish an advisory committee, consist- awarded pilot projects to explore the integrated ing of individuals with appropriate expertise in use of sources of remote sensing and other geo- State, local, regional, and tribal agencies, the spatial information to address State, local, re- university research community, and the remote gional, and tribal agency needs. sensing and other geospatial information indus- (b) PREFERRED PROJECTS.—In awarding grants tries, to monitor the program established under under this section, the Administrator shall give section 60303 of this title. The advisory commit- preference to projects that— tee shall consult with the Federal Geographic (1) make use of commercial data sets, in- Data Committee and other appropriate industry cluding high resolution commercial satellite representatives and organizations. Notwith- § 60305 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 132 standing section 14 of the Federal Advisory § 60501. Goal Committee Act (5 App. U.S.C.), the advisory committee established under this subsection The goal for the Administration’s Earth shall remain in effect until the termination of Science program shall be to pursue a program of the program under section 60303 of this title. Earth observations, research, and applications (b) EFFECTIVENESS EVALUATION.—Not later activities to better understand the Earth, how it than December 31, 2009, the Administrator shall supports life, and how human activities affect transmit to Congress an evaluation of the effec- its ability to do so in the future. In pursuit of tiveness of the program established under sec- this goal, the Administration’s Earth Science tion 60303 of this title in exploring and promot- program shall ensure that securing practical ing the integrated use of sources of remote sens- benefits for society will be an important meas- ing and other geospatial information to address ure of its success in addition to securing new State, local, regional, and tribal agency needs. knowledge about the Earth system and climate Such evaluation shall have been conducted by change. In further pursuit of this goal, the Ad- an independent entity. ministration shall, together with the National Oceanic and Atmospheric Administration and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.) other relevant agencies, provide United States HISTORICAL AND REVISION NOTES leadership in developing and carrying out a co- operative international Earth observations- Revised Section Source (U.S. Code) Source (Statutes at Large) based research program.

60304 ...... 42 U.S.C. 16674. Pub. L. 109–155, title III, (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) § 314, Dec. 30, 2005, 119 Stat. 2921. HISTORICAL AND REVISION NOTES

REFERENCES IN TEXT Revised Section Source (U.S. Code) Source (Statutes at Large) Section 14 of the Federal Advisory Committee Act, 60501 ...... 42 U.S.C. 17711. Pub. L. 110–422, title II, § 201, referred to in subsec. (a), is section 14 of Pub. L. 92–463, Oct. 15, 2008, 122 Stat. 4784. which is set out in the Appendix to Title 5, Government Organization and Employees. CARBON CYCLE REMOTE SENSING APPLICATIONS § 60305. Data availability RESEARCH Pub. L. 106–391, title III, § 315, Oct. 30, 2000, 114 Stat. The Administrator shall ensure that the re- 1595, provided that: sults of each of the pilot projects completed ‘‘(a) CARBON CYCLE REMOTE SENSING APPLICATIONS under section 60303 of this title shall be retriev- RESEARCH PROGRAM.— able through an electronic, internet-accessible ‘‘(1) IN GENERAL.—The Administrator [of the Na- database. tional Aeronautics and Space Administration] shall develop a carbon cycle remote sensing applications (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.) research program— HISTORICAL AND REVISION NOTES ‘‘(A) to provide a comprehensive view of vegeta- tion conditions; ‘‘(B) to assess and model agricultural carbon se- Revised Source (U.S. Code) Source (Statutes at Large) Section questration; and ‘‘(C) to encourage the development of commercial 60305 ...... 42 U.S.C. 16675. Pub. L. 109–155, title III, § 315, Dec. 30, 2005, 119 products, as appropriate. Stat. 2922. ‘‘(2) USE OF CENTERS.—The Administrator of the Na- tional Aeronautics and Space Administration shall § 60306. Education use regional earth science application centers to con- duct applications research under this section. The Administrator shall establish an edu- ‘‘(3) RESEARCHED AREAS.—The areas that shall be cational outreach program to increase aware- the subjects of research conducted under this section ness at institutions of higher education and include— State, local, regional, and tribal agencies of the ‘‘(A) the mapping of carbon-sequestering land use potential applications of remote sensing and and land cover; ‘‘(B) the monitoring of changes in land cover and other geospatial information and awareness of management; the need for geospatial workforce development. ‘‘(C) new approaches for the remote sensing of soil (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3424.) carbon; and ‘‘(D) region-scale carbon sequestration esti- HISTORICAL AND REVISION NOTES mation. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- Revised thorized to be appropriated to carry out this section Section Source (U.S. Code) Source (Statutes at Large) $5,000,000 of funds authorized by section 102 [114 Stat. 60306 ...... 42 U.S.C. 16676. Pub. L. 109–155, title III, 1581] for fiscal years 2001 through 2002.’’ § 316, Dec. 30, 2005, 119 Stat. 2922. EARTH OBSERVING SYSTEM Pub. L. 102–588, title I, § 102(g), Nov. 4, 1992, 106 Stat. CHAPTER 605—EARTH SCIENCE 5111, provided that: ‘‘(1) The Administrator [of the National Aeronautics Sec. 60501. Goal. and Space Administration] shall carry out an Earth Ob- 60502. Transitioning experimental research into serving System program that addresses the highest pri- operational services. ority international climate change research goals as 60503. Reauthorization of Glory Mission. defined by the Committee on Earth and Environmental 60504. Tornadoes and other severe storms. Sciences and the Intergovernmental Panel on Climate 60505. Coordination with the National Oceanic and Change. Atmospheric Administration. ‘‘(2)(A) Within 180 days after the date of enactment of 60506. Sharing of climate related data. this Act [Nov. 4, 1992], the Administrator shall submit Page 133 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60505 to Congress a plan which will ensure that the highest (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) priority measurements are maintained on schedule to the greatest extent practicable while lower priority HISTORICAL AND REVISION NOTES measurements are deferred, deleted, or obtained Revised through other means. Section Source (U.S. Code) Source (Statutes at Large) ‘‘(B) Within 90 days after the date of enactment of this Act, the Core System of the Earth Observing Sys- 60503 ...... 42 U.S.C. 17713(a). Pub. L. 110–422, title II, tem Data and Information System, the Administrator § 206(a), Oct. 15, 2008, 122 shall submit to Congress a Development Plan which— Stat. 4785. ‘‘(i) identifies the highest risk elements of the de- velopment effort and the key advanced technologies § 60504. Tornadoes and other severe storms required to significantly increase scientific produc- The Administrator shall ensure that the Ad- tivity; ‘‘(ii) provides a plan for the development of one or ministration gives high priority to those parts more prototype systems for use in reducing the devel- of its existing cooperative activities with the opment risk of critical system elements and obtain- National Oceanic and Atmospheric Administra- ing feedback for scientific users; tion that are related to the study of tornadoes ‘‘(iii) provides a plan for research into key ad- and other severe storms, tornado-force winds, vanced technologies; and other factors determined to influence the ‘‘(iv) identifies sufficient resources for carrying out the Development Plan; and development of tornadoes and other severe ‘‘(v) identifies how the Earth Observing System storms, with the goal of improving the Nation’s Data Information System will connect to and utilize ability to predict tornados and other severe other federally-supported research networks, includ- storms. Further, the Administrator shall exam- ing the National Research and Education Network.’’ ine whether there are additional cooperative ac- tivities with the National Oceanic and Atmos- § 60502. Transitioning experimental research into pheric Administration that should be under- operational services taken in the area of tornado and severe storm (a) INTERAGENCY PROCESS.—The Director of research. the Office of Science and Technology Policy, in (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) consultation with the Administrator, the Ad- ministrator of the National Oceanic and Atmos- HISTORICAL AND REVISION NOTES pheric Administration, and other relevant Revised stakeholders, shall develop a process to transi- Section Source (U.S. Code) Source (Statutes at Large) tion, when appropriate, Administration Earth 60504 ...... 42 U.S.C. 17714. Pub. L. 110–422, title II, § 208, science and space weather missions or sensors Oct. 15, 2008, 122 Stat. 4786. into operational status. The process shall in- clude coordination of annual agency budget re- § 60505. Coordination with the National Oceanic quests as required to execute the transitions. and Atmospheric Administration (b) RESPONSIBLE AGENCY OFFICIAL.—The Ad- ministrator and the Administrator of the Na- (a) JOINT WORKING GROUP.—The Administrator tional Oceanic and Atmospheric Administration and the Administrator of the National Oceanic shall each designate an agency official who shall and Atmospheric Administration shall appoint a have the responsibility for and authority to lead Joint Working Group, which shall review and the Administration’s and the National Oceanic monitor missions of the two agencies to ensure and Atmospheric Administration’s transition maximum coordination in the design, operation, activities and interagency coordination. and transition of missions where appropriate. (c) PLAN.—For each mission or sensor that is The Joint Working Group shall also prepare the determined to be appropriate for transition plans required by subsection (c). under subsection (a), the Administration and (b) COORDINATION REPORT.—Not later than the National Oceanic and Atmospheric Adminis- February 15 of each year, the Administrator and tration shall transmit to Congress a joint plan the Administrator of the National Oceanic and for conducting the transition. The plan shall in- Atmospheric Administration shall jointly trans- clude the strategy, milestones, and budget re- mit a report to the Committee on Science and quired to execute the transition. The transition Technology of the House of Representatives and plan shall be transmitted to Congress no later the Committee on Commerce, Science, and than 60 days after the successful completion of Transportation of the Senate on how the Earth the mission or sensor critical design review. science programs of the Administration and the National Oceanic and Atmospheric Administra- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3425.) tion will be coordinated during the fiscal year HISTORICAL AND REVISION NOTES following the fiscal year in which the report is transmitted. Revised (c) COORDINATION OF TRANSITION PLANNING AND Section Source (U.S. Code) Source (Statutes at Large) REPORTING.—The Administrator, in conjunction 60502(a) ...... 42 U.S.C. 17712(b). Pub. L. 110–422, title II, with the Administrator of the National Oceanic § 204(b), (c), (d), Oct. 15, 2008, 122 Stat. 4785. and Atmospheric Administration and in con- 60502(b) ...... 42 U.S.C. 17712(c). sultation with other relevant agencies, shall 60502(c) ...... 42 U.S.C. 17712(d). evaluate relevant Administration science mis- sions for their potential operational capabilities § 60503. Reauthorization of Glory Mission and shall prepare transition plans for the exist- Congress reauthorizes the Administration to ing and future Earth observing systems found to continue with development of the Glory Mis- have potential operational capabilities. sion, which will examine how aerosols and solar (d) LIMITATION.—The Administrator shall not energy affect the Earth’s climate. transfer any Administration Earth science mis- § 60506 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 134 sion or Earth observing system to the National AMENDMENTS Oceanic and Atmospheric Administration until 2015—Pub. L. 114–90, title I, § 117(a)(1), (b)(2), Nov. 25, the plan required under subsection (c) has been 2015, 129 Stat. 717, 718, added item 70104, substituted approved by the Administrator and the Adminis- ‘‘SPACE LAUNCH SYSTEM’’ for ‘‘SPACE SHUTTLE’’ trator of the National Oceanic and Atmospheric in chapter heading, ‘‘space launch system’’ for ‘‘space Administration and until financial resources shuttle’’ in items 70101 and 70103, and ‘‘Space launch have been identified to support the transition or system’’ for ‘‘Space shuttle’’ in item 70102. transfer in the President’s budget request for § 70101. Recovery of fair value of placing Depart- the National Oceanic and Atmospheric Adminis- ment of Defense payloads in orbit with space tration. launch system (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3426.) Notwithstanding any other provision of law, HISTORICAL AND REVISION NOTES or any interagency agreement, the Adminis- trator shall charge such prices as are necessary Revised Section Source (U.S. Code) Source (Statutes at Large) to recover the fair value of placing Department of Defense payloads into orbit by means of the 60505 ...... 42 U.S.C. 16656. Pub. L. 109–155, title III, § 306, Dec. 30, 2005, 119 space launch system. Stat. 2919. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427; In subsection (b), the words ‘‘beginning with the first Pub. L. 114–90, title I, § 117(a)(2), Nov. 25, 2015, 129 fiscal year after the date of enactment of this Act [De- Stat. 717.) cember 30, 2005]’’ are omitted as obsolete. In subsection (b), the words ‘‘Committee on Science HISTORICAL AND REVISION NOTES and Technology’’ are substituted for ‘‘Committee on Revised Science’’ on authority of Rule X(1)(o) of the Rules of Section Source (U.S. Code) Source (Statutes at Large) the House of Representatives, adopted by House Reso- lution No. 6 (110th Congress, January 5, 2007). 70101 ...... 42 U.S.C. 2464. Pub. L. 97–324, title I, § 106(a), Oct. 15, 1982, 96 Stat. 1600. CHANGE OF NAME

Committee on Science and Technology of House of AMENDMENTS Representatives changed to Committee on Science, 2015—Pub. L. 114–90 substituted ‘‘space launch sys- Space, and Technology of House of Representatives by tem’’ for ‘‘space shuttle’’ in section catchline and text. House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 70102. Space launch system use policy

§ 60506. Sharing of climate related data (a) IN GENERAL.—The Space Launch System The Administrator shall work to ensure that may be used for the following circumstances: the Administration’s policies on the sharing of (1) Payloads and missions that contribute to climate related data respond to the recom- extending human presence beyond low-Earth mendations of the Government Accountability orbit and substantially benefit from the Office’s report on climate change research and unique capabilities of the Space Launch Sys- data-sharing policies and to the recommenda- tem. tions on the processing, distribution, and ar- (2) Other payloads and missions that sub- chiving of data by the National Academies stantially benefit from the unique capabilities Earth Science Decadal Survey, ‘‘Earth Science of the Space Launch System. and Applications from Space’’, and other rel- (3) On a space available basis, Federal Gov- evant National Academies reports, to enhance ernment or educational payloads that are con- and facilitate their availability and widest pos- sistent with NASA’s mission for exploration sible use to ensure public access to accurate and beyond low-Earth orbit. current data on global warming. (4) Compelling circumstances, as determined by the Administrator. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3426.) (b) AGREEMENTS WITH FOREIGN ENTITIES.—The HISTORICAL AND REVISION NOTES Administrator may plan, negotiate, or imple- ment agreements with foreign entities for the Revised Section Source (U.S. Code) Source (Statutes at Large) launch of payloads for international collabo- rative efforts relating to science and technology 60506 ...... 42 U.S.C. 17825(c). Pub. L. 110–422, title XI, § 1109(c), Oct. 15, 2008, 122 using the Space Launch System. Stat. 4811. (c) COMPELLING CIRCUMSTANCES.—Not later than 30 days after the date the Administrator makes a determination under subsection (a)(4), Subtitle VII—Access to Space the Administrator shall transmit to the Com- mittee on Commerce, Science, and Transpor- CHAPTER 701—USE OF SPACE LAUNCH tation of the Senate and the Committee on SYSTEM OR ALTERNATIVES Science of the House of Representatives written Sec. notification of the Administrator’s intent to se- 70101. Recovery of fair value of placing Department lect the Space Launch System for a specific mis- of Defense payloads in orbit with space sion under that subsection, including justifica- launch system. tion for the determination. 70102. Space launch system use policy. 70103. Commercial payloads on space launch sys- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3427; tem. Pub. L. 114–90, title I, § 117(a)(3), Nov. 25, 2015, 129 70104. Definition of Space Launch System. Stat. 717.) Page 135 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS [§§ 70301 to 70304

HISTORICAL AND REVISION NOTES purpose of operating in, or placing a payload in, outer space. Revised Section Source (U.S. Code) Source (Statutes at Large) (2) PAYLOAD.—The term ‘‘payload’’ means an object which a person undertakes to place in 70102(a) ...... 42 U.S.C. 2465a(a). Pub. L. 101–611, title I, § 112(a), (c), (d), Nov. 16, outer space by means of a launch vehicle, and 1990, 104 Stat. 3198, 3199. includes subcomponents of the launch vehicle 70102(b) ...... 42 U.S.C. 2465a(c). 70102(c) ...... 42 U.S.C. 2465a(d). specifically designed or adapted for that ob- ject. AMENDMENTS (b) IN GENERAL.—Commercial payloads may 2015—Pub. L. 114–90 amended section generally. Prior not be accepted for launch as primary payloads to amendment, section related to space shuttle use pol- on the space launch system unless the Adminis- icy. trator determines that— FLIGHT OPPORTUNITIES (1) the payload requires the unique capabili- ties of the space launch system; or Pub. L. 115–10, title VIII, § 826, Mar. 21, 2017, 131 Stat. 65, provided that: (2) launching of the payload on the space ‘‘(a) DEVELOPMENT OF PAYLOADS.— launch system is important for either national ‘‘(1) IN GENERAL.—In order to conduct necessary re- security or foreign policy purposes. search, the Administrator [of the National Aero- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3428; nautics and Space Administration] shall continue and, as the Administrator considers appropriate, ex- Pub. L. 114–90, title I, § 117(a)(4), Nov. 25, 2015, 129 pand the development of technology payloads for— Stat. 718.) ‘‘(A) scientific research; and HISTORICAL AND REVISION NOTES ‘‘(B) investigating new or improved capabilities. ‘‘(2) FUNDS.—For the purpose of carrying out para- Revised graph (1), the Administrator shall make funds avail- Section Source (U.S. Code) Source (Statutes at Large) able for— 70103(a) ...... 42 U.S.C. 2465c. Pub. L. 101–611, title II, § 203, ‘‘(A) flight testing; Nov. 16, 1990, 104 Stat. ‘‘(B) payload development; and 3206; Pub. L. 105–303, title ‘‘(C) hardware related to subparagraphs (A) and II, § 203(2), Oct. 28, 1998, 112 (B). Stat. 2855. 70103(b) ...... 42 U.S.C. 2465f. Pub. L. 101–611, title II, § 206, ‘‘(b) REAFFIRMATION OF POLICY.—Congress reaffirms Nov. 16, 1990, 104 Stat. that the Administrator should provide flight opportuni- 3207; Pub. L. 105–303, title ties for payloads to microgravity environments and II, § 203(4), Oct. 28, 1998, 112 Stat. 2855. suborbital altitudes as authorized by section 907 of the National Aeronautics and Space Administration Au- In subsection (a), the words ‘‘this section’’ are sub- thorization Act of 2010 (42 U.S.C. 18405).’’ stituted for ‘‘this title’’, meaning title II of Public Law SECONDARY PAYLOAD CAPABILITY 101–611, because title II of Public Law 101–611 was pre- viously repealed except for section 201 (a short title Pub. L. 109–155, title VI, § 602, Dec. 30, 2005, 119 Stat. provision, classified to 42 U.S.C. 2451 note, in which nei- 2931, provided that: ther defined term appears) and sections 203 (42 U.S.C. ‘‘(a) IN GENERAL.—In order to provide more routine 2465c) and 206 (42 U.S.C. 2465f) of Public Law 101–611, and affordable access to space for a broad range of sci- which are restated in this section. entific payloads, the Administrator is encouraged to provide the capabilities to support secondary payload AMENDMENTS flight opportunities on United States launch vehicles, 2015—Pub. L. 114–90 substituted ‘‘space launch sys- or free flyers, for satellites or scientific payloads tem’’ for ‘‘space shuttle’’ in section catchline and wher- weighing less than 500 kilograms. ever appearing in text. ‘‘(b) FEASIBILITY STUDY.—The Administrator shall initiate a feasibility study for designating a National § 70104. Definition of Space Launch System Free Flyer Launch Coordination Center as a means of coordinating, consolidating, and integrating secondary In this chapter, the term ‘‘Space Launch Sys- launch capabilities, launch opportunities, and pay- tem’’ means the Space Launch System author- loads. ized under section 302 of the National Aero- ‘‘(c) ASSESSMENT.—The feasibility study required by nautics and Space Administration Authoriza- subsection (b) shall include an assessment of the fea- tion Act of 2010 (42 U.S.C. 18322). sibility of integrating a National Free Flyer Launch Coordination Center within the operations and facili- (Added Pub. L. 114–90, title I, § 117(a)(5), Nov. 25, ties of an existing nonprofit organization such as the 2015, 129 Stat. 718.) Inland Northwest Space Alliance in Missoula, Montana, or a similar entity, and shall include an assessment of [CHAPTER 703—REPEALED] the potential utilization of existing launch and launch support facilities and capabilities, including but not [§§ 70301 to 70304. Repealed. Pub. L. 115–10, title limited to those in the States of Montana and New IV, § 416(b), Mar. 21, 2017, 131 Stat. 35] Mexico and their respective contiguous States, and the Section 70301, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 State of Alaska, for the integration and launch of sec- Stat. 3428, set out Congressional findings. ondary payloads, including an assessment of the fea- Section 70302, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 sibility of establishing cooperative agreements among Stat. 3429, related to purpose, policy, and goals of chap- such facilities, existing or future commercial launch ter. providers, payload developers, and the designated Co- Section 70303, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 ordination Center.’’ Stat. 3429, defined ‘‘additive cost’’. § 70103. Commercial payloads on space launch Section 70304, Pub. L. 111–314, § 3, Dec. 18, 2010, 124 system Stat. 3429, related to duties of Administrator. (a) DEFINITIONS.—In this section: CHAPTER 705—EXPLORATION INITIATIVES (1) LAUNCH VEHICLE.—The term ‘‘launch ve- Sec. hicle’’ means any vehicle constructed for the 70501. Space shuttle follow-on. § 70501 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 136

Sec. and Technology of the House of Representatives and 70502. Exploration plan and programs. the Committee on Commerce, Science, and Transpor- 70503. Ground-based analog capabilities. tation of the Senate describing the progress being made 70504. Stepping stone approach to exploration. toward developing the Crew Exploration Vehicle and 70505. Lunar outpost. the Crew Launch Vehicle’’. 70506. Exploration technology research. 70507. Technology development. CHANGE OF NAME 70508. Robotic or human servicing of spacecraft. Committee on Science and Technology of House of § 70501. Space shuttle follow-on Representatives changed to Committee on Science, Space, and Technology of House of Representatives by (a) POLICY STATEMENT.—In order to ensure House Resolution No. 5, One Hundred Twelfth Congress, continuous United States participation and Jan. 5, 2011. leadership in the exploration and utilization of TRANSITION space and as an essential instrument of national security, it is the policy of the United States to Pub. L. 110–422, title VI, § 613, Oct. 15, 2008, 122 Stat. maintain an uninterrupted capability for human 4799, provided that: ‘‘(a) DISPOSITION OF SHUTTLE-RELATED ASSETS.— space flight and operations— ‘‘(1) IN GENERAL.—Not later than 90 days after the (1) in low-Earth orbit; and date of enactment of this Act [Oct. 15, 2008], the Ad- (2) beyond low-Earth orbit once the capabili- ministrator [of NASA] shall submit to Congress a ties described in section 421(f) of the National plan describing the process for the disposition of the Aeronautics and Space Administration Transi- remaining Space Shuttle Orbiters and other Space tion Authorization Act of 2017 become avail- Shuttle program-related hardware after the retire- able. ment of the Space Shuttle fleet. ‘‘(2) PLAN REQUIREMENTS.—The plan submitted (b) ANNUAL REPORT.—The Administrator shall under paragraph (1) shall include a description of a transmit an annual report to the Committee on process by which educational institutions, science Commerce, Science, and Transportation of the museums, and other appropriate organizations may Senate and the Committee on Science, Space, acquire, through loan or disposal by the Federal Gov- and Technology of the House of Representatives ernment, Space Shuttle program hardware. ‘‘(3) PROHIBITION ON DISPOSITION BEFORE COMPLETION describing the progress being made toward de- OF PLAN.—The Administrator shall not dispose of any veloping the Space Launch System and Orion Space Shuttle program hardware before the plan re- and the estimated time before they will dem- quired by paragraph (1) is submitted to Congress. onstrate crewed, orbital spaceflight. ‘‘(b) SPACE SHUTTLE TRANSITION LIAISON OFFICE.— ‘‘(1) ESTABLISHMENT.—The Administrator shall de- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430; velop a plan and establish a Space Shuttle Transition Pub. L. 115–10, title IV, § 417, Mar. 21, 2017, 131 Liaison Office within the Office of Human Capital Stat. 35.) Management of NASA [National Aeronautics and Space Administration] to assist local communities HISTORICAL AND REVISION NOTES affected by the termination of the Space Shuttle pro- Revised gram in mitigating the negative impacts on such Section Source (U.S. Code) Source (Statutes at Large) communities caused by such termination. The plan shall define the size of the affected local community 70501(a) ...... 42 U.S.C. 16761(a). Pub. L. 109–155, title V, that would receive assistance described in paragraph § 501(a), (b), Dec. 30, 2005, 119 Stat. 2927. (2). 70501(b) ...... 42 U.S.C. 16761(b). ‘‘(2) MANNER OF ASSISTANCE.—In providing assist- ance under paragraph (1), the office established under In subsection (b), the words ‘‘The Administrator shall such paragraph shall— transmit an annual report’’ are substituted for ‘‘Not ‘‘(A) offer nonfinancial, technical assistance to later than 180 days after the date of enactment of this communities described in such paragraph to assist Act [December 30, 2005] and annually thereafter, the in the mitigation described in such paragraph; and Administrator shall transmit a report’’ to eliminate ‘‘(B) serve as a clearinghouse to assist such com- obsolete language. munities in identifying services available from In subsection (b), the words ‘‘Committee on Science other Federal, State, and local agencies to assist in and Technology’’ are substituted for ‘‘Committee on such mitigation. Science’’ on authority of Rule X(1)(o) of the Rules of ‘‘(3) TERMINATION OF OFFICE.—The office established the House of Representatives, adopted by House Reso- under paragraph (1) shall terminate 2 years after the lution No. 6 (110th Congress, January 5, 2007). completion of the last Space Shuttle flight. ‘‘(4) SUBMISSION.—Not later than 180 days after the REFERENCES IN TEXT date of enactment of this Act [Oct. 15, 2008], NASA Section 421(f) of the National Aeronautics and Space shall provide a copy of the plan required by para- Administration Transition Authorization Act of 2017, graph (1) to the Congress.’’ referred to in subsec. (a)(2), is section 421(f) of Pub. L. Pub. L. 110–161, div. B, title III, Dec. 26, 2007, 121 Stat. 115–10, which is set out as a note under section 20301 of 1919, provided that: ‘‘The Administrator of the National this title. Aeronautics and Space Administration shall prepare a strategy for minimizing job losses when the National AMENDMENTS Aeronautics and Space Administration transitions 2017—Subsec. (a). Pub. L. 115–10, § 417(1), amended sub- from the Space Shuttle to a successor human-rated sec. (a) generally. Prior to amendment, text read as fol- space transport vehicle. This strategy shall include: (1) lows: ‘‘It is the policy of the United States to possess specific initiatives that the National Aeronautics and the capability for human access to space on a continu- Space Administration has undertaken, or plans to un- ous basis.’’ dertake, to maximize the utilization of existing civil Subsec. (b). Pub. L. 115–10, § 417(2), substituted ‘‘Com- service and contractor workforces at each of the af- mittee on Commerce, Science, and Transportation of fected Centers; (2) efforts to equitably distribute tasks the Senate and the Committee on Science, Space, and and workload between the Centers to mitigate the Technology of the House of Representatives describing brunt of job losses being borne by only certain Centers; the progress being made toward developing the Space (3) new workload, tasks, initiatives, and missions being Launch System and Orion’’ for ‘‘Committee on Science secured for the affected Centers; and (4) overall projec- Page 137 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70504 tions of future civil service and contractor workforce to use space resources to increase independ- levels at the affected Centers. The Administrator shall ence from Earth, and sustain exploration be- transmit this strategy to Congress not later than 90 yond low-Earth orbit; and days after the date of enactment of this Act [Dec. 26, (4) pursue aggressively automated ren- 2007]. The Administrator shall update and transmit to Congress this strategy not less than every six months dezvous and docking capabilities that can sup- thereafter until the successor human-rated space trans- port the International Space Station and port vehicle is fully operational.’’ other mission requirements. Pub. L. 109–155, title V, § 502, Dec. 30, 2005, 119 Stat. 2928, provided that: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430; ‘‘(a) IN GENERAL.—The Administrator [of the Na- Pub. L. 115–10, title IV, § 415, Mar. 21, 2017, 131 tional Aeronautics and Space Administration] shall, to Stat. 34.) the fullest extent possible consistent with a successful development program, use the personnel, capabilities, HISTORICAL AND REVISION NOTES assets, and infrastructure of the Space Shuttle program Revised in developing the Crew Exploration Vehicle, Crew Section Source (U.S. Code) Source (Statutes at Large) Launch Vehicle, and a heavy-lift launch vehicle. ‘‘(b) PLAN.—Not later than 180 days after the date of 70502 ...... 42 U.S.C. 16763. Pub. L. 109–155, title V, § 503, enactment of this Act [Dec. 30, 2005], the Administrator Dec. 30, 2005, 119 Stat. shall transmit to the Committee on Science [now Com- 2929. mittee on Science, Space, and Technology] of the House of Representatives and the Committee on Com- AMENDMENTS merce, Science, and Transportation of the Senate a 2017—Par. (2). Pub. L. 115–10 amended par. (2) gener- plan describing how NASA [National Aeronautics and ally. Prior to amendment, par. (2) read as follows: ‘‘im- Space Administration] will proceed with its human plement an exploration technology development pro- space flight programs, which, at a minimum, shall de- gram to enable lunar human and robotic operations scribe— consistent with section 20302(b) of this title, including ‘‘(1) how NASA will deploy personnel from, and use surface power to use on the Moon and other loca- the facilities of, the Space Shuttle program to ensure tions;’’. that the Space Shuttle operates as safely as possible through its final flight and to ensure that personnel § 70503. Ground-based analog capabilities and facilities from the Space Shuttle program are used in NASA’s exploration programs in accordance (a) IN GENERAL.—The Administrator may es- with subsection (a); tablish a ground-based analog capability in re- ‘‘(2) the planned number of flights the Space Shut- mote United States locations in order to assist tle will make before its retirement; in the development of lunar operations, life sup- ‘‘(3) the means, other than the Space Shuttle and port, and in-situ resource utilization experience the Crew Exploration Vehicle, including commercial vehicles, that may be used to ferry crew and cargo to and capabilities. and from the ISS [International Space Station]; (b) ENVIRONMENTAL CHARACTERISTICS.—The ‘‘(4) the intended purpose of lunar missions and the Administrator shall select locations for the ac- architecture for those missions; and tivities described in subsection (a) that— ‘‘(5) the extent to which the Crew Exploration Vehi- (1) are regularly accessible; cle will allow for the escape of the crew in an emer- (2) have significant temperature extremes gency. and range; and ‘‘(c) PERSONNEL.—The Administrator shall consult with other appropriate Federal agencies and with (3) have access to energy and natural re- NASA contractors and employees to develop a transi- sources (including geothermal, permafrost, tion plan for any Federal and contractor personnel en- volcanic, or other potential resources). gaged in the Space Shuttle program who can no longer be retained because of the retirement of the Space (c) INVOLVEMENT OF LOCAL POPULATIONS AND Shuttle. The plan shall include actions to assist Fed- PRIVATE SECTOR PARTNERS.—In carrying out eral and contractor personnel in taking advantage of this section, the Administrator shall involve training, retraining, job placement and relocation pro- local populations, academia, and industrial part- grams, and any other actions that NASA will take to ners as much as possible to ensure that ground- assist the employees. The plan shall also describe how based benefits and applications are encouraged the Administrator will ensure that NASA and its con- and developed. tractors will have an appropriate complement of em- ployees to allow for the safest possible use of the Space (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3430.) Shuttle through its final flight. The Administrator shall transmit the plan to the Committee on Science HISTORICAL AND REVISION NOTES [now Committee on Science, Space, and Technology] of Revised the House of Representatives and the Committee on Section Source (U.S. Code) Source (Statutes at Large) Commerce, Science, and Transportation of the Senate not later than March 31, 2006.’’ 70503 ...... 42 U.S.C. 16764. Pub. L. 109–155, title V, § 504, Dec. 30, 2005, 119 Stat. § 70502. Exploration plan and programs 2929. The Administrator shall— § 70504. Stepping stone approach to exploration (1) construct an architecture and implemen- tation plan for the Administration’s human (a) IN GENERAL.—The Administration— exploration program that is not critically de- (1) may conduct missions to intermediate pendent on the achievement of milestones by destinations in sustainable steps in accord- fixed dates; ance with section 20302(b) of this title, and on (2) implement an exploration research and a timetable determined by the availability of technology development program to enable funding, in order to achieve the objective of human and robotic operations consistent with human exploration of Mars specified in section section 20302(b) of this title; 202(b)(5) of the National Aeronautics and (3) conduct an in-situ resource utilization Space Administration Authorization Act of technology program to develop the capability 2010 (42 U.S.C. 18312(b)(5)); and § 70505 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 138

(2) shall incorporate any such missions into shall be operable as a human-tended facility ca- the human exploration roadmap under section pable of remote or autonomous operation for ex- 432 of the National Aeronautics and Space Ad- tended periods. ministration Transition Authorization Act of (b) DESIGNATION.—The United States portion 2017. of the first human-tended outpost established on the surface of the Moon shall be designated the (b) COST-EFFECTIVENESS.—In order to maxi- mize the cost-effectiveness of the long-term ‘‘Neil A. Armstrong Lunar Outpost’’. space exploration and utilization activities of (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.) the United States, the Administrator shall take all necessary steps, including engaging inter- HISTORICAL AND REVISION NOTES national, academic, and industry partners, to Revised Source (U.S. Code) Source (Statutes at Large) ensure that activities in the Administration’s Section human space exploration program balance how 70505(a) ...... 42 U.S.C. 17732(a). Pub. L. 110–422, title IV, those activities might also help meet the re- § 404(a), (b), Oct. 15, 2008, 122 Stat. 4789. quirements of future exploration and utilization 70505(b) ...... 42 U.S.C. 17732(b). activities leading to human habitation on the surface of Mars. § 70506. Exploration technology research (c) COMPLETION.—Within budgetary consider- ations, once an exploration-related project en- The Administrator shall carry out a program ters its development phase, the Administrator of long-term exploration-related technology re- shall seek, to the maximum extent practicable, search and development, including such things to complete that project without undue delays. as in-space propulsion, power systems, life sup- (d) INTERNATIONAL PARTICIPATION.—In order to port, and advanced avionics, that is not tied to achieve the goal of successfully conducting a specific flight projects. The program shall have crewed mission to the surface of Mars, the Presi- the funding goal of ensuring that the technology dent may invite the United States partners in research and development can be completed in a the ISS program and other nations, as appro- timely manner in order to support the safe, suc- priate, to participate in an international initia- cessful, and sustainable exploration of the solar tive under the leadership of the United States. system. In addition, in order to ensure that the broadest range of innovative concepts and tech- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431; nologies are captured, the long-term technology Pub. L. 115–10, title IV, § 414, Mar. 21, 2017, 131 program shall have the goal of having a signifi- Stat. 34.) cant portion of its funding available for external HISTORICAL AND REVISION NOTES grants and contracts with universities, research institutions, and industry. Revised Source (U.S. Code) Source (Statutes at Large) Section (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.)

70504 ...... 42 U.S.C. 17731. Pub. L. 110–422, title IV, HISTORICAL AND REVISION NOTES § 403, Oct. 15, 2008, 122 Stat. 4789. Revised Section Source (U.S. Code) Source (Statutes at Large) REFERENCES IN TEXT 70506 ...... 42 U.S.C. 17733(b). Pub. L. 110–422, title IV, Section 432 of the National Aeronautics and Space § 405(b), Oct. 15, 2008, 122 Administration Transition Authorization Act of 2017, Stat. 4789. referred to in subsec. (a)(2), is section 432 of Pub. L. 115–10, which is set out in a note under section 20302 of PURPOSE this title. Pub. L. 110–422, title IV, § 405(a), Oct. 15, 2008, 122 Stat. 4789, provided that: ‘‘A robust program of long-term ex- AMENDMENTS ploration-related technology research and development 2017—Pub. L. 115–10 amended section generally. Prior will be essential for the success and sustainability of to amendment, text read as follows: ‘‘In order to maxi- any enduring initiative of human and robotic explo- mize the cost-effectiveness of the long-term explo- ration of the solar system.’’ ration and utilization activities of the United States, the Administrator shall take all necessary steps, in- INNOVATIVE TECHNOLOGIES FOR HUMAN SPACE FLIGHT cluding engaging international partners, to ensure that Pub. L. 106–391, title III, § 313, Oct. 30, 2000, 114 Stat. activities in its lunar exploration program shall be de- 1594, provided that: signed and implemented in a manner that gives strong ‘‘(a) ESTABLISHMENT OF PROGRAM.—In order to pro- consideration to how those activities might also help mote a ‘faster, cheaper, better’ approach to the human meet the requirements of future exploration and utili- exploration and development of space, the Adminis- zation activities beyond the Moon. The timetable of trator [of the National Aeronautics and Space Adminis- the lunar phase of the long-term international explo- tration] shall establish a Human Space Flight Innova- ration initiative shall be determined by the availabil- tive Technologies program of ground-based and space- ity of funding. However, once an exploration-related based research and development in innovative tech- project enters its development phase, the Adminis- nologies. The program shall be part of the Technology trator shall seek, to the maximum extent practicable, and Commercialization program. to complete that project without undue delays.’’ ‘‘(b) AWARDS.—At least 75 percent of the amount ap- propriated for Technology and Commercialization § 70505. Lunar outpost under section 101(b)(4) [114 Stat. 1581] for any fiscal year shall be awarded through broadly distributed an- (a) ESTABLISHMENT.—As the Administration nouncements of opportunity that solicit proposals from works toward the establishment of a lunar out- educational institutions, industry, nonprofit institu- post, the Administration shall make no plans tions, National Aeronautics and Space Administration that would require a lunar outpost to be occu- Centers, the Jet Propulsion Laboratory, other Federal pied to maintain its viability. Any such outpost agencies, and other interested organizations, and that Page 139 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70703 allow partnerships among any combination of those en- HISTORICAL AND REVISION NOTES tities, with evaluation, prioritization, and recom- mendations made by external peer review panels. Revised Section Source (U.S. Code) Source (Statutes at Large) ‘‘(c) PLAN.—The Administrator shall provide to the Committee on Science [now Committee on Science, 70701 ...... 42 U.S.C. 16841. Pub. L. 109–155, title VIII, Space, and Technology] of the House of Representatives § 821, Dec. 30, 2005, 119 and to the Committee on Commerce, Science, and Stat. 2941. Transportation of the Senate, not later than December 1, 2000, a plan to implement the program established § 70702. Establishment of Commission under subsection (a).’’ (a) ESTABLISHMENT.—The President shall es- § 70507. Technology development tablish an independent, nonpartisan Commission within the executive branch to investigate any The Administrator shall establish an intra-Di- incident that results in the loss of— rectorate long-term technology development (1) a space shuttle; program for space and Earth science within the (2) the International Space Station or its Science Mission Directorate for the develop- operational viability; ment of new technology. The program shall be (3) any other orbital or suborbital space ve- independent of the flight projects under develop- hicle carrying humans that is— ment. The Administration shall have a goal of (A) owned by the Federal Government; or funding the intra-Directorate technology devel- (B) being used pursuant to a contract or opment program at a level of 5 percent of the Space Act Agreement with the Federal Gov- total Science Mission Directorate annual budg- ernment for carrying a government astro- et. The program shall be structured to include naut or a researcher funded by the Federal competitively awarded grants and contracts. Government; or (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3431.) (4) a crew member or passenger of any space HISTORICAL AND REVISION NOTES vehicle described in this subsection. (b) DEADLINE FOR ESTABLISHMENT.—The Presi- Revised Source (U.S. Code) Source (Statutes at Large) Section dent shall establish a Commission within 7 days after an incident specified in subsection (a). 70507 ...... 42 U.S.C. 17741. Pub. L. 110–422, title V, § 501, Oct. 15, 2008, 122 Stat. 4791. (c) DEFINITIONS.—In this section: (1) GOVERNMENT ASTRONAUT.—The term § 70508. Robotic or human servicing of spacecraft ‘‘government astronaut’’ has the meaning given the term in section 50902. The Administrator shall take all necessary (2) SPACE ACT AGREEMENT.—The term ‘‘Space steps to ensure that provision is made in the de- Act Agreement’’ means an agreement entered sign and construction of all future observatory- into by the Administration pursuant to its class scientific spacecraft intended to be de- other transactions authority under section ployed in Earth orbit or at a Lagrangian point 20113(e). in space for robotic or human servicing and re- pair to the extent practicable and appropriate. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432; Pub. L. 115–10, title VIII, § 838, Mar. 21, 2017, 131 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.) Stat. 71.) ISTORICAL AND EVISION OTES H R N HISTORICAL AND REVISION NOTES

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

70508 ...... 42 U.S.C. 17742. Pub. L. 110–422, title V, § 502, 70702 ...... 42 U.S.C. 16842. Pub. L. 109–155, title VIII, Oct. 15, 2008, 122 Stat. 4791. § 822, Dec. 30, 2005, 119 Stat. 2941. CHAPTER 707—HUMAN SPACE FLIGHT INDEPENDENT INVESTIGATION COMMISSION AMENDMENTS 2017—Subsec. (a)(3). Pub. L. 115–10, § 838(1), amended Sec. par. (3) generally. Prior to amendment, par. (3) read as 70701. Definitions. 70702. Establishment of Commission. follows: ‘‘any other United States space vehicle carry- 70703. Tasks of Commission. ing humans that is owned by the Federal Government 70704. Composition of Commission. or that is being used pursuant to a contract with the 70705. Powers of Commission. Federal Government; or’’. 70706. Public meetings, information, and hearings. Subsec. (c). Pub. L. 115–10, § 838(2), added subsec. (c). 70707. Staff of Commission. 70708. Compensation and travel expenses. § 70703. Tasks of Commission 70709. Security clearances for Commission members A Commission established pursuant to this and staff. chapter shall, to the extent possible, undertake 70710. Reporting requirements and termination. the following tasks: § 70701. Definitions (1) INVESTIGATION.—Investigate the incident. (2) CAUSE.—Determine the cause of the inci- In this chapter: dent. (1) COMMISSION.—The term ‘‘Commission’’ (3) CONTRIBUTING FACTORS.—Identify all con- means a Commission established under this tributing factors to the cause of the incident. chapter. (4) RECOMMENDATIONS.—Make recommenda- (2) INCIDENT.—The term ‘‘incident’’ means tions for corrective actions. either an accident or a deliberate act. (5) ADDITIONAL FINDINGS OR RECOMMENDA- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.) TIONS.—Provide any additional findings or rec- § 70704 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 140

ommendations deemed by the Commission to (f) QUORUM.—Eight members of a Commission be important, whether or not they are related shall constitute a quorum. to the specific incident under investigation. (g) VACANCIES.—Any vacancy in a Commission (6) REPORT.—Prepare a report to Congress, shall not affect its powers, but shall be filled in the President, and the public. the same manner in which the original appoint- ment was made. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3432.) (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3433.) 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) 70703 ...... 42 U.S.C. 16843. Pub. L. 109–155, title VIII, § 823, Dec. 30, 2005, 119 70704(a) ...... 42 U.S.C. 16844(a). Pub. L. 109–155, title VIII, Stat. 2941. § 824, Dec. 30, 2005, 119 Stat. 2942. 70704(b) ...... 42 U.S.C. 16844(b). § 70704. Composition of Commission 70704(c) ...... 42 U.S.C. 16844(c). 70704(d) ...... 42 U.S.C. 16844(d). (a) NUMBER OF COMMISSIONERS.—A Commission 70704(e) ...... 42 U.S.C. 16844(e) (1st sentence). established pursuant to this chapter shall con- 70704(f) ...... 42 U.S.C. 16844(e) (2d sist of 15 members. sentence). (b) SELECTION.—The members of a Commission 70704(g) ...... 42 U.S.C. 16844(e) (last sentence). shall be chosen in the following manner: (1) APPOINTMENT BY PRESIDENT.—The Presi- § 70705. Powers of Commission dent shall appoint the members, and shall des- ignate the Chairman and Vice Chairman of the (a) HEARINGS AND EVIDENCE.—A Commission Commission from among its members. or, on the authority of the Commission, any sub- (2) LISTS PROVIDED BY LEADERS OF CON- committee or member thereof, may, for the pur- GRESS.—The majority leader of the Senate, the pose of carrying out this chapter— minority leader of the Senate, the Speaker of (1) hold such hearings and sit and act at such the House of Representatives, and the minor- times and places, take such testimony, receive ity leader of the House of Representatives such evidence, administer such oaths; and shall each provide to the President a list of (2) require, by subpoena or otherwise, the at- candidates for membership on the Commis- tendance and testimony of such witnesses and sion. The President may select one of the can- the production of such books, records, cor- didates from each of the 4 lists for membership respondence, memoranda, papers, and docu- on the Commission. ments, (3) PROHIBITION REGARDING FEDERAL OFFICERS as the Commission or such designated sub- AND EMPLOYEES AND MEMBERS OF CONGRESS.— committee or member may determine advisable. No officer or employee of the Federal Govern- (b) CONTRACTING.—A Commission may, to such ment or Member of Congress shall serve as a extent and in such amounts as are provided in member of the Commission. appropriation Acts, enter into contracts to en- (4) PROHIBITION REGARDING CONTRACTORS.— able the Commission to discharge its duties No member of the Commission shall have, or under this chapter. have pending, a contractual relationship with (c) INFORMATION FROM FEDERAL AGENCIES.— the Administration. (1) IN GENERAL.—A Commission may secure (5) PROHIBITION REGARDING CONFLICT OF IN- directly from any executive department, bu- TEREST.—The President shall not appoint any reau, agency, board, commission, office, inde- individual as a member of a Commission under pendent establishment, or instrumentality of this section who has a current or former rela- the Government, information, suggestions, es- tionship with the Administrator that the timates, and statistics for the purposes of this President determines would constitute a con- chapter. Each department, bureau, agency, flict of interest. board, commission, office, independent estab- (6) EXPERIENCE.—To the extent practicable, lishment, or instrumentality shall, to the ex- the President shall ensure that the members tent authorized by law, furnish such informa- of the Commission include some individuals tion, suggestions, estimates, and statistics di- with experience relative to human carrying rectly to the Commission, upon request made spacecraft, as well as some individuals with by the Chairman, the chairman of any sub- investigative experience and some individuals committee created by a majority of the Com- with legal experience. mission, or any member designated by a ma- (7) DIVERSITY.—To the extent practicable, jority of the Commission. the President shall seek diversity in the mem- (2) RECEIPT, HANDLING, STORAGE, AND DIS- bership of the Commission. SEMINATION.—Information shall only be re- (c) DEADLINE FOR APPOINTMENT.—All members ceived, handled, stored, and disseminated by of a Commission established under this chapter members of the Commission and its staff con- shall be appointed no later than 30 days after sistent with all applicable statutes, regula- the incident. tions, and Executive orders. (d) INITIAL MEETING.—A Commission shall (d) ASSISTANCE FROM FEDERAL AGENCIES.— meet and begin operations as soon as prac- (1) GENERAL SERVICES ADMINISTRATION.—The ticable. Administrator of General Services shall pro- (e) SUBSEQUENT MEETINGS.—After its initial vide to a Commission on a reimbursable basis meeting, a Commission shall meet upon the call administrative support and other services for of the Chairman or a majority of its members. the performance of the Commission’s tasks. Page 141 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70709

(2) OTHER DEPARTMENTS AND AGENCIES.—In (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3435.) addition to the assistance prescribed in para- graph (1), departments and agencies of the HISTORICAL AND REVISION NOTES United States may provide to the Commission Revised Source (U.S. Code) Source (Statutes at Large) such services, funds, facilities, staff, and other Section support services as they may determine advis- 70707 ...... 42 U.S.C. 16847. Pub. L. 109–155, title VIII, able and as may be authorized by law. § 827, Dec. 30, 2005, 119 Stat. 2943. (3) ADMINISTRATION ENGINEERING AND SAFETY CENTER.—The Administration Engineering and In subsection (c), in the 1st sentence, the words ‘‘the Safety Center shall provide data and technical daily equivalent of the annual rate of basic pay in ef- support as requested by the Commission. 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 In subsection (c), in the last sentence, the words ‘‘the Section Source (U.S. Code) Source (Statutes at Large) expert or consultant’’ are substituted for ‘‘it’’ for clar- ity. 70705 ...... 42 U.S.C. 16845. Pub. L. 109–155, title VIII, § 825, Dec. 30, 2005, 119 Stat. 2942. § 70708. Compensation and travel expenses (a) COMPENSATION.—Each member of a Com- § 70706. Public meetings, information, and hear- mission may be compensated at a rate not to ex- ings 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 homes or regular places of business in the per- (b) PUBLIC HEARINGS.—Any public hearings of formance of services for the Commission, mem- a Commission shall be conducted in a manner bers of a Commission shall be allowed travel ex- consistent with the protection of information penses, including per diem in lieu of subsistence, provided to or developed for or by the Commis- in the same manner as persons employed inter- sion as required by any applicable statute, regu- mittently in the Government service are al- lation, or Executive order. 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) Revised Section Section Source (U.S. Code) Source (Statutes at Large)

70706 ...... 42 U.S.C. 16846. Pub. L. 109–155, title VIII, 70708 ...... 42 U.S.C. 16848. Pub. L. 109–155, title VIII, § 826, Dec. 30, 2005, 119 § 828, Dec. 30, 2005, 119 Stat. 2943. Stat. 2944.

§ 70707. Staff of Commission In subsection (a), the words ‘‘at a rate not to exceed the daily equivalent of the annual rate’’ for ‘‘at not to (a) APPOINTMENT AND COMPENSATION.—The exceed the daily equivalent of the annual rate’’ for con- Chairman, in consultation with the Vice Chair- 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- members and staff ployee, except for an employee of the Adminis- 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 Source (U.S. Code) Source (Statutes at Large) subsection shall disclose any contract or asso- Section 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. § 70710 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 142

§ 70710. Reporting requirements and termination HISTORICAL AND REVISION NOTES

Revised (a) INTERIM REPORTS.—A Commission may Source (U.S. Code) Source (Statutes at Large) submit to the President and Congress interim Section reports containing such findings, conclusions, 70901 ...... (not previously Pub. L. 101–611, title I, § 123, classified) Nov. 16, 1990, 104 Stat. and recommendations for corrective actions as 3204. have been agreed to by a majority of Commis- sion members. The words ‘‘the National Aeronautics and Space Ad- (b) FINAL REPORT.—A Commission shall sub- ministration Authorization Act, Fiscal Year 1991 (Pub- mit to the President and Congress, and make lic Law 101–611, 104 Stat. 3190)’’ are substituted for ‘‘this concurrently available to the public, a final re- Act’’ to clarify the reference. port containing such findings, conclusions, and REFERENCES IN TEXT recommendations for corrective actions as have Section 103(a)(1) of the National Aeronautics and been agreed to by a majority of Commission Space Administration Authorization Act, Fiscal Year members. Such report shall include any minor- 1991 (Public Law 101–611, 104 Stat. 3190), referred to in ity views or opinions not reflected in the major- text, is not classified to the Code. ity report. INTERNATIONAL SPACE STATION (c) TERMINATION.— (1) IN GENERAL.—A Commission, and all the Pub. L. 110–69, title II, § 2006, Aug. 9, 2007, 121 Stat. authorities of this chapter with respect to 584, provided that: that Commission, shall terminate 60 days ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress after the date on which the final report is sub- that the International Space Station National Labora- tory offers unique opportunities for educational activi- mitted under subsection (b). ties and provides a unique resource for research and de- (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- velopment in science, technology, and engineering, NATION.—A Commission may use the 60-day pe- which can enhance the global competitiveness of the riod referred to in paragraph (1) for the pur- United States. pose of concluding its activities, including ‘‘(b) DEVELOPMENT OF EDUCATIONAL PROJECTS.—The providing testimony to committees of Con- Administrator of the National Aeronautics and Space gress concerning its reports and disseminating Administration shall develop a detailed plan for imple- the final report. mentation of 1 or more education projects that utilize the resources offered by the International Space Sta- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) tion. In developing any detailed plan according to this paragraph, the Administrator shall make use of the HISTORICAL AND REVISION NOTES findings and recommendations of the International Space Station National Laboratory Education Concept Revised Section Source (U.S. Code) Source (Statutes at Large) Development Task Force. ‘‘(c) DEVELOPMENT OF RESEARCH PLANS FOR COMPETI- 70710 ...... 42 U.S.C. 16850. Pub. L. 109–155, title VIII, TIVENESS ENHANCEMENT.—The Administrator shall de- § 830, Dec. 30, 2005, 119 Stat. 2944. velop a detailed plan for identification and support of research to be conducted aboard the International Space Station, which offers the potential for enhance- CHAPTER 709—INTERNATIONAL SPACE ment of United States competitiveness in science, tech- STATION nology, and engineering. In developing any detailed plan pursuant to this subsection, the Administrator Sec. shall consult with agencies and entities with which co- 70901. Peaceful uses of space station. operative agreements have been reached regarding uti- 70902. Allocation of International Space Station re- lization of International Space Station National Lab- search budget. oratory facilities.’’ 70903. International Space Station research. Pub. L. 106–391, title II, §§ 201–203, 205, Oct. 30, 2000, 114 70904. International Space Station completion. Stat. 1586–1590, as amended by Pub. L. 108–271, § 8(b), 70905. National laboratory designation. July 7, 2004, 118 Stat. 814; Pub. L. 109–155, title II, 70906. International Space Station National Labora- § 207(b), title VII, § 706(a), Dec. 30, 2005, 119 Stat. 2916, tory Advisory Committee. 2937, provided that: 70907. Maintaining use through at least 2024. ‘‘SEC. 201. INTERNATIONAL SPACE STATION CON- TINGENCY PLAN. AMENDMENTS ‘‘(a) BIMONTHLY REPORTING ON RUSSIAN STATUS.—Not 2015—Pub. L. 114–90, title I, § 114(b)(5)(B), Nov. 25, 2015, later than the first day of the first month beginning 129 Stat. 716, substituted ‘‘Maintaining use through at more than 60 days after the date of the enactment of least 2024.’’ for ‘‘Maintaining use through at least 2020.’’ this Act [Oct. 30, 2000], and semiannually thereafter in item 70907. 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 anticipated and required to complete the International Year 1991 (Public Law 101–611, 104 Stat. 3190) Space Station before the next report under this sub- may be used to carry or place in orbit any nu- section. Each such report shall also identify each Rus- clear weapon or any other weapon of mass de- 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, Page 143 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70901

1998, and entered into force March 27, 2001, or any pro- tion, including an assessment of the relative costs tocol, agreement, memorandum of understanding, or and benefits of— contract related thereto. Each report shall include the ‘‘(A) dedicating an annual mission of the Space specific purpose of each payment made to each entity Shuttle to life and microgravity research during as- or person identified in the report. sembly of the International Space Station; and ‘‘(b) DECISION ON RUSSIAN CRITICAL PATH ITEMS.—The ‘‘(B) maintaining the schedule for assembly in President shall notify Congress within 90 days after the place at the time of the enactment [Oct. 30, 2000]. date of the enactment of this Act [Oct. 30, 2000] of the ‘‘(b) REPORT.—Not later than 1 year after the date of decision on whether or not to proceed with permanent the enactment of this Act [Oct. 30, 2000], the Adminis- replacement of any Russian elements in the critical trator shall transmit to the Committee on Science path [as defined in section 3 of Pub. L. 106–391, 51 U.S.C. [now Committee on Science, Space, and Technology] of 10101 note] of the International Space Station or any the House of Representatives and the Committee on Russian launch services. Such notification shall in- Commerce, Science, and Transportation of the Senate clude the reasons and justifications for the decision and a report on the results of the study conducted under the costs associated with the decision. Such decision this section. shall include a judgment of when all elements identi- ‘‘SEC. 205. SPACE STATION RESEARCH UTILIZA- fied in Revision E assembly sequence as of June 1999 TION AND COMMERCIALIZATION MANAGE- will be in orbit and operational. If the President de- MENT. cides to proceed with a permanent replacement for any ‘‘(a) RESEARCH UTILIZATION AND COMMERCIALIZATION Russian element in the critical path or any Russian MANAGEMENT ACTIVITIES.—The Administrator of the launch services, the President shall notify Congress of National Aeronautics and Space Administration shall the reasons and the justification for the decision to enter into an agreement with a non-government orga- proceed with the permanent replacement and the costs nization to conduct research utilization and commer- associated with the decision. cialization management activities of the International ‘‘(c) ASSURANCES.—The United States shall seek as- Space Station subsequent to substantial completion as surances from the Russian Government that it places a defined in section 202(b)(3). The agreement may not higher priority on fulfilling its commitments to the take effect less than 120 days after the implementation International Space Station than it places on extend- plan for the agreement is submitted to the Congress ing the life of the Mir Space Station, including assur- under subsection (b). ances that Russia will not utilize assets allocated by ‘‘(b) IMPLEMENTATION PLAN.—Not later than Septem- Russia to the International Space Station for other ber 30, 2001, the Administrator shall submit to the Com- purposes, including extending the life of Mir. mittee on Commerce, Science, and Transportation of ‘‘(d) EQUITABLE UTILIZATION.—In the event that any the Senate and the Committee on Science [now Com- International Partner in the International Space Sta- mittee on Science, Space, and Technology] of the tion Program willfully violates any of its commitments House of Representatives an implementation plan to or agreements for the provision of agreed-upon Space incorporate the use of a non-government organization Station-related hardware or related goods or services, for the International Space Station. The implementa- the Administrator should, in a manner consistent with tion plan shall include— relevant international agreements, seek a commensu- ‘‘(1) a description of the respective roles and respon- rate reduction in the utilization rights of that Partner sibilities of the Administration and the non-govern- until such time as the violated commitments or agree- ment organization; ments have been fulfilled. ‘‘(2) a proposed structure for the non-government ‘‘(e) OPERATION COSTS.—The Administrator shall, in a organization; manner consistent with relevant international agree- ‘‘(3) a statement of the resources required; ments, seek to reduce the National Aeronautics and ‘‘(4) a schedule for the transition of responsibilities; Space Administration’s share of International Space and Station common operating costs, based upon any addi- ‘‘(5) a statement of the duration of the agreement.’’ tional capabilities provided to the International Space [Pub. L. 109–155, title VII, § 706(a)(2), Dec. 30, 2005, 119 Station through the National Aeronautics and Space Stat. 2937, which directed insertion of two sentences at Administration’s Russian Program Assurance activi- end of section 201 of Pub. L. 106–391, set out above, was ties. 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 ‘‘(a) STUDY.—The Administrator [of the National Stat. 863–865, as amended by Pub. L. 102–195, § 16, Dec. 9, Aeronautics and Space Administration] shall enter into 1991, 105 Stat. 1614; Pub. L. 105–362, title XI, § 1101(c), a contract with the National Research Council and the Nov. 10, 1998, 112 Stat. 3292, provided that: National Academy of Public Administration to jointly ‘‘SEC. 106. (a) The Administrator [of the National conduct a study of the status of life and microgravity Aeronautics and Space Administration] is directed to research as it relates to the International Space Sta- undertake the construction of a permanently manned tion. The study shall include— space station (hereinafter referred to as the ‘space sta- ‘‘(1) an assessment of the United States scientific tion’) to become operational in 1995. The space station community’s readiness to use the International will be used for the following purposes— Space Station for life and microgravity research; ‘‘(1) the conduct of scientific experiments, applica- ‘‘(2) an assessment of the current and projected fac- tions experiments, and engineering experiments; tors limiting the United States scientific commu- ‘‘(2) the servicing, rehabilitation, and construction nity’s ability to maximize the research potential of of satellites and space vehicles; the International Space Station, including, but not ‘‘(3) the development and demonstration of com- limited to, the past and present availability of re- mercial products and processes; and sources in the life and microgravity research ac- ‘‘(4) the establishment of a space base for other ci- counts within the Office of Human Spaceflight and vilian and commercial space activities. the Office of Life and Microgravity Sciences and Ap- ‘‘(b) The space station shall be developed and oper- plications and the past, present, and projected access ated in a manner that supports other science and space to space of the scientific community; and activities. ‘‘(3) recommendations for improving the United ‘‘(c) In order to reduce the cost of operations of the States scientific community’s ability to maximize space station and its ground support system, the Ad- the research potential of the International Space Sta- ministrator shall undertake the development of such § 70902 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 144 advanced technologies as may be appropriate within of Understanding currently being negotiated between the level of funding authorized in this Act [see Tables the National Aeronautics and Space Administration for classification]. and its counterpart agencies in Canada, Japan, and Eu- ‘‘(d) The Administrator shall seek to have portions of rope concerning the detailed design, development, con- the space station constructed and operated by the pri- struction, operation, or utilization of the space station vate sector, where appropriate. shall be submitted to the Committee on Commerce, ‘‘(e) The Administrator shall promote international Science, and Transportation of the Senate and the cooperation in the space station program by under- Committee on Science, Space, and Technology of the taking the development, construction, and operation of House of Representatives. No such agreement shall the space station in conjunction with (but not limited take effect until 30 days have passed after the receipt to) the Governments of Europe, Japan, and Canada. by such committees of the agreement.’’ ‘‘(f) The space station shall be designed, developed, and operated in a manner that enables evolutionary en- § 70902. Allocation of International Space Station hancement. research budget ‘‘[SEC. 107. Repealed. Pub. L. 105–362, title XI, § 1101(c), Nov. 10, 1998, 112 Stat. 3292.] The Administrator shall allocate at least 15 ‘‘SEC. 108. In order to ensure that the development of percent of the funds budgeted for International the space station is part of a balanced civilian space Space Station research to ground-based, free- program, the Administrator is instructed to establish flyer, and International Space Station life and as a goal a funding profile that limits (1) space station microgravity science research that is not di- total annual costs under the capital development plan in section 107 to 25 percent of the total budget request rectly related to supporting the human explo- for the National Aeronautics and Space Administration ration program, consistent with section 40904 of and (2) all space station direct operations costs, except this title. for those costs associated with the utilization of the (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) space station, to 10 percent of the total budget request for the National Aeronautics and Space Administra- HISTORICAL AND REVISION NOTES tion. ‘‘SEC. 109. (a) It is the sense of the Congress that the Revised Source (U.S. Code) Source (Statutes at Large) launching and servicing of the space station should be Section accomplished by the most cost-effective use of space 70902 ...... 42 U.S.C. 16633. Pub. L. 109–155, title II, § 204, transportation systems, including the space shuttle Dec. 30, 2005, 119 Stat. and expendable launch vehicles. 2916. ‘‘(b) Not later than January 15, 1988, the Adminis- trator shall submit a preliminary report on the cost-ef- The words ‘‘Beginning with fiscal year 2006’’, which fective use of space transportation systems for the appeared at the beginning of this section, are omitted launch of space station elements during the develop- as obsolete. ment and operation of the space station. The Adminis- trator shall consider— § 70903. International Space Station research ‘‘(1) the potential use of future advanced or heavy lift expendable launch vehicles for purposes of the as- The Administrator shall— sembly and operation of the space station; (1) carry out a program of microgravity re- ‘‘(2) the use of existing expendable launch vehicles search consistent with section 40904 of this of the National Aeronautics and Space Administra- title; and tion, the Department of Defense, and the Private Sec- (2) consider the need for a life sciences cen- tor; trifuge and any associated holding facilities. ‘‘(3) the requirement for space shuttle launches; and ‘‘(4) the risk of capital losses from the use of ex- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3436.) pendable launch vehicles and the space shuttle. ‘‘SEC. 110. (a) The Administrator shall set and collect HISTORICAL AND REVISION NOTES reasonable user fees for the use and maintenance of the Revised space station. Section Source (U.S. Code) Source (Statutes at Large) ‘‘(b) The Administrator shall set user fees so as to— ‘‘(1) promote the use of the space station consistent 70903 ...... 42 U.S.C. 16766(1), Pub. L. 109–155, title V, (2). § 506(1), (2), Dec. 30, 2005, with the policy set forth in section 106; 119 Stat. 2930. ‘‘(2) recover the costs of the use of the space sta- tion, including reasonable charges for any enhance- ment needed for such use; and § 70904. International Space Station completion ‘‘(3) conserve and efficiently allocate the resources (a) POLICY.—It is the policy of the United of the space station. ‘‘(c) The Administrator may, on a case-by-case basis, States to achieve diverse and growing utiliza- waive or modify such user fees when in the Administra- tion of, and benefits from, the International tor’s judgment such waiver or modification will further Space Station. the goals and purposes of the National Aeronautics and (b) ELEMENTS, CAPABILITIES, AND CONFIGURA- Space Act of 1958 [see 51 U.S.C. 20101 et seq.], includ- TION CRITERIA.—The Administrator shall ensure ing— that the International Space Station will— ‘‘(1) the advancement of scientific or engineering (1) be assembled and operated in a manner knowledge; ‘‘(2) international cooperation; and that fulfills international partner agreements, ‘‘(3) the commercial use of space. as long as the Administrator determines that ‘‘SEC. 111. No later than September 30, 1988, the Ad- the shuttle can safely enable the United ministrator shall submit a detailed plan for collecting States to do so; reimbursements for the utilization of the space station (2) be used for a diverse range of micro- under section 110, including the services to be offered, gravity research, including fundamental, ap- the methodology and bases by which prices will be plied, and commercial research, consistent charged, and the estimated revenues. with section 40904 of this title; ‘‘SEC. 112. The Intergovernmental Agreement cur- rently being negotiated between the United States Gov- (3) have an ability to support a crew size of ernment and Canada, Japan, and member governments at least 6 persons, unless the Administrator of the European Space Agency, and the Memorandum transmits to the Committee on Science and Page 145 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 70906

Technology of the House of Representatives § 70905. National laboratory designation and the Committee on Commerce, Science, (a) DEFINITION OF UNITED STATES SEGMENT OF and Transportation of the Senate not later THE INTERNATIONAL SPACE STATION.—In this sec- than 60 days after December 30, 2005, a report tion the term ‘‘United States segment of the explaining why such a requirement should not be met, the impact of not meeting the require- International Space Station’’ means those ele- ment on the International Space Station re- ments of the International Space Station manu- search agenda and operations and inter- factured— (1) by the United States; or national partner agreements, and what addi- (2) for the United States by other nations in tional funding or other steps would be re- exchange for funds or launch services. quired to have an ability to support a crew size of at least 6 persons; (b) DESIGNATION.—To further the policy de- (4) support Crew Exploration Vehicle dock- scribed in section 70501(a) of this title, the ing and automated docking of cargo vehicles United States segment of the International or modules launched by either heavy-lift or Space Station is hereby designated a national commercially-developed launch vehicles; laboratory. (5) support any diagnostic human research, (c) MANAGEMENT.— on-orbit characterization of molecular crystal (1) PARTNERSHIPS.—The Administrator shall growth, cellular research, and other research seek to increase the utilization of the Inter- that the Administration believes is necessary national Space Station by other Federal enti- to conduct, but for which the Administration ties and the private sector through partner- lacks the capacity to return the materials ships, cost-sharing agreements, and other ar- that need to be analyzed to Earth; and rangements that would supplement Adminis- (6) be operated at an appropriate risk level. tration funding of the International Space (c) CONTINGENCIES.— Station. (1) POLICY.—The Administrator shall ensure (2) CONTRACTING.—The Administrator may that the International Space Station can have enter into a contract with a nongovernmental available, if needed, sufficient logistics and entity to operate the International Space Sta- on-orbit capabilities to support any potential tion national laboratory, subject to all appli- period during which the space shuttle or its cable Federal laws and regulations. follow-on crew and cargo systems are unavail- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3437.) able, and can have available, if needed, suffi- cient surge delivery capability or HISTORICAL AND REVISION NOTES prepositioning of spares and other supplies Revised needed to accommodate any such hiatus. Section Source (U.S. Code) Source (Statutes at Large) (2) PLAN.—Before making any change in the 70905(a) ...... 42 U.S.C. 16767(d). Pub. L. 109–155, title V, International Space Station assembly se- § 507(a), (b), (d), Dec. 30, quence in effect on December 30, 2005, the Ad- 2005, 119 Stat. 2930, 2931. 70905(b) ...... 42 U.S.C. 16767(a). ministrator shall transmit to the Committee 70905(c) ...... 42 U.S.C. 16767(b). on Science and Technology of the House of Representatives and the Committee on Com- § 70906. International Space Station National merce, Science, and Transportation of the Laboratory Advisory Committee Senate a plan to carry out the policy described in paragraph (1). (a) ESTABLISHMENT.—Not later than one year after October 15, 2008, the Administrator shall (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3437.) establish under the Federal Advisory Committee HISTORICAL AND REVISION NOTES Act a committee to be known as the ‘‘Inter- national Space Station National Laboratory Ad- Revised Section Source (U.S. Code) Source (Statutes at Large) visory Committee’’ (hereafter in this section re- ferred to as the ‘‘Committee’’). 70904 ...... 42 U.S.C. 16765. Pub. L. 109–155, title V, § 505, EMBERSHIP Dec. 30, 2005, 119 Stat. (b) M .— 2929. (1) COMPOSITION.—The Committee shall be composed of individuals representing organiza- In subsections (b)(3) and (c)(2), the words ‘‘Committee tions that have formal agreements with the on Science and Technology’’ are substituted for ‘‘Com- Administration to utilize the United States mittee on Science’’ on authority of Rule X(1)(o) of the 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 Representatives changed to Committee on Science, submit to the Administrator, on an annual 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- § 70907 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 146

ments and recommendations required by para- Sec. graph (1). GEORGE E. BROWN, JR. NEAR-EARTH OBJECT SURVEY Pub. L. 109–155, title III, § 321, Dec. 30, 2005, 119 Stat. (d) DURATION.—The Committee shall exist for 2922, as amended by Pub. L. 115–10, title V, § 511, Mar. the life of the International Space Station. 21, 2017, 131 Stat. 51, provided that: (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3438.) ‘‘(a) SHORT TITLE.—This section may be cited as the ‘George E. Brown, Jr. Near-Earth Object Survey Act’. HISTORICAL AND REVISION NOTES ‘‘(b) FINDINGS.—The Congress makes the following findings: Revised ‘‘(1) Near-Earth objects pose a serious and credible Section Source (U.S. Code) Source (Statutes at Large) threat to humankind, as many scientists believe that 70906 ...... 42 U.S.C. 17752. Pub. L. 110–422, title VI, a major asteroid or comet was responsible for the § 602, Oct. 15, 2008, 122 mass extinction of the majority of the Earth’s spe- Stat. 4795. cies, including the dinosaurs, nearly 65,000,000 years ago. In subsection (a), the date ‘‘October 15, 2008’’ is sub- ‘‘(2) Similar objects have struck the Earth or stituted for ‘‘the date of enactment of this Act’’ to re- passed through the Earth’s atmosphere several times flect the date of enactment of the National Aeronautics in the Earth’s history and pose a similar threat in the and Space Administration Authorization Act of 2008 future. (Public Law 110–422, 122 Stat. 4779). ‘‘(3) Several such near-Earth objects have only been REFERENCES IN TEXT discovered within days of the objects’ closest ap- proach to Earth, and recent discoveries of such large The Federal Advisory Committee Act, referred to in objects indicate that many large near-Earth objects subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, remain undiscovered. which is set out in the Appendix to Title 5, Government ‘‘(4) The efforts taken to date by NASA [National Organization and Employees. Aeronautics and Space Administration] for detecting § 70907. Maintaining use through at least 2024 and characterizing the hazards of near-Earth objects are not sufficient to fully determine the threat posed (a) POLICY.—The Administrator shall take all by such objects to cause widespread destruction and necessary steps to ensure that the International loss of life. Space Station remains a viable and productive ‘‘(c) DEFINITIONS.—For purposes of this section the facility capable of potential United States utili- term ‘near-Earth object’ means an asteroid or comet with a perihelion distance of less than 1.3 Astronomical zation through at least September 30, 2024. Units from the Sun. (b) NASA ACTIONS.—In furtherance of the pol- ‘‘(d) NEAR-EARTH OBJECT SURVEY.— icy under subsection (a), the Administrator ‘‘(1) SURVEY PROGRAM.—The Administrator [of the shall ensure, to the extent practicable, that the National Aeronautics and Space Administration] International Space Station, as a designated na- shall plan, develop, and implement a Near-Earth Ob- tional laboratory— ject Survey program to detect, track, catalogue, and (1) remains viable as an element of overall characterize the physical characteristics of near- exploration and partnership strategies and ap- Earth objects equal to or greater than 140 meters in diameter in order to assess the threat of such near- proaches; Earth objects to the Earth. It shall be the goal of the (2) is considered for use by all NASA mission Survey program to achieve 90 percent completion of directorates, as appropriate, for technically its near-Earth object catalogue (based on statis- appropriate scientific data gathering or tech- tically predicted populations of near-Earth objects) nology risk reduction demonstrations; and within 15 years after the date of enactment of this (3) remains an effective, functional vehicle Act [Dec. 30, 2005]. providing research and test bed capabilities ‘‘(2) [Amended former section 2451 of Title 42, The for the United States through at least Septem- Public Health and Welfare.] ‘‘(3) FIFTH-YEAR REPORT.—The Administrator shall ber 30, 2024. transmit to the Congress, not later than February 28 (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3438; of the fifth year after the date of enactment of this Pub. L. 114–90, title I, § 114(b)(4), Nov. 25, 2015, 129 Act, a report that provides the following: Stat. 716.) ‘‘(A) A summary of all activities taken pursuant to paragraph (1) since the date of enactment of this HISTORICAL AND REVISION NOTES Act. ‘‘(B) A summary of expenditures for all activities Revised Source (U.S. Code) Source (Statutes at Large) pursuant to paragraph (1) since the date of enact- Section ment of this Act. 70907 ...... 42 U.S.C. 17751(a). Pub. L. 110–422, title VI, ‘‘(4) INITIAL REPORT.—The Administrator shall § 601(a), Oct. 15, 2008, 122 transmit to Congress not later than 1 year after the Stat. 4793. date of enactment of this Act an initial report that provides the following: AMENDMENTS ‘‘(A) An analysis of possible alternatives that 2015—Pub. L. 114–90 amended section generally. Prior NASA may employ to carry out the Survey pro- to amendment, section related to maintaining the gram, including ground-based and space-based al- International Space Station as a viable and productive ternatives with technical descriptions. facility capable of potential United States utilization ‘‘(B) A recommended option and proposed budget through at least 2020. to carry out the Survey program pursuant to the recommended option. CHAPTER 711—NEAR-EARTH OBJECTS ‘‘(C) Analysis of possible alternatives that NASA could employ to divert an object on a likely colli- Sec. sion course with Earth. 71101. Reaffirmation of policy. ‘‘(e) PROGRAM REPORT.—The Director of the Office of 71102. Requests for information. Science and Technology Policy and the Administrator 71103. Developing policy and recommending respon- shall submit to the Committee on Commerce, Science, sible Federal agency. and Transportation of the Senate and the Committee 71104. Planetary radar. on Science, Space, and Technology of the House of Rep- Page 147 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 71103 resentatives, not later than 1 year after the date of en- objects indicate that many large near-Earth objects actment of the National Aeronautics and Space Admin- remain undiscovered. istration Transition Authorization Act of 2017 [Mar. 21, ‘‘(3) Asteroid and comet collisions rank as one of 2017], an initial report that provides— the most costly natural disasters that can occur. ‘‘(1) recommendations for carrying out the Survey ‘‘(4) The time needed to eliminate or mitigate the program and an associated proposed budget; threat of a collision of a potentially hazardous near- ‘‘(2) an analysis of possible options that the Admin- Earth object with Earth is measured in decades. istration could employ to divert an object on a likely ‘‘(5) Unlike earthquakes and hurricanes, asteroids collision course with Earth; and and comets can provide adequate collision informa- ‘‘(3) a description of the status of efforts to coordi- tion, enabling the United States to include both as- nate and cooperate with other countries to discover teroid-collision and comet-collision disaster recovery hazardous asteroids and comets, plan a mitigation and disaster avoidance in its public-safety structure. strategy, and implement that strategy in the event of ‘‘(6) Basic information is needed for technical and the discovery of an object on a likely collision course policy decisionmaking for the United States to create with Earth. a comprehensive program in order to be ready to ‘‘(f) ANNUAL REPORTS.—After the initial report under eliminate and mitigate the serious and credible subsection (e), the Administrator shall annually trans- threats to humankind posed by potentially hazardous mit to the Committee on Commerce, Science, and near-Earth asteroids and comets. Transportation of the Senate and the Committee on ‘‘(7) As a first step to eliminate and to mitigate the Science, Space, and Technology of the House of Rep- risk of such collisions, situation and decision analy- resentatives a report that includes— sis processes, as well as procedures and system re- ‘‘(1) a summary of all activities carried out under sources, must be in place well before a collision subsection (d) since the date of enactment of the Na- threat becomes known.’’ tional Aeronautics and Space Administration Transi- tion Authorization Act of 2017, including the progress § 71102. Requests for information toward achieving 90 percent completion of the survey described in subsection (d); and The Administrator shall issue requests for in- ‘‘(2) a summary of expenditures for all activities formation on— carried out under subsection (d) since the date of en- (1) a low-cost space mission with the purpose actment of the National Aeronautics and Space Ad- of rendezvousing with, attaching a tracking ministration Transition Authorization Act of 2017. device,1 and characterizing the Apophis aster- ‘‘(g) ASSESSMENT.—The Administrator, in collabora- oid; and tion with other relevant Federal agencies, shall carry (2) a medium-sized space mission with the out a technical and scientific assessment of the capa- purpose of detecting near-Earth objects equal bilities and resources— ‘‘(1) to accelerate the survey described in sub- to or greater than 140 meters in diameter. section (d); and (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) ‘‘(2) to expand the Administration’s Near-Earth Ob- ject Program to include the detection, tracking, HISTORICAL AND REVISION NOTES cataloguing, and characterization of potentially haz- ardous near-Earth objects less than 140 meters in di- Revised Section Source (U.S. Code) Source (Statutes at Large) ameter. ‘‘(h) TRANSMITTAL.—Not later than 270 days after the 71102 ...... 42 U.S.C. 17793. Pub. L. 110–422, title VIII, date of enactment of the National Aeronautics and § 803, Oct. 15, 2008, 122 Stat. 4803. Space Administration Transition Authorization Act of 2017, the Administrator shall transmit the results of the assessment under subsection (g) to the Committee § 71103. Developing policy and recommending re- on Commerce, Science, and Transportation of the Sen- sponsible Federal agency ate and the Committee on Science, Space, and Tech- nology of the House of Representatives.’’ Within 2 years after October 15, 2008, the Di- rector of the Office of Science and Technology § 71101. Reaffirmation of policy Policy shall— (1) develop a policy for notifying Federal Congress reaffirms the policy set forth in sec- agencies and relevant emergency response in- tion 20102(g) of this title (relating to surveying stitutions of an impending near-Earth object near-Earth asteroids and comets). threat, if near-term public safety is at risk; (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) and (2) recommend a Federal agency or agencies HISTORICAL AND REVISION NOTES to be responsible for— (A) protecting the United States from a Revised Source (U.S. Code) Source (Statutes at Large) Section near-Earth object that is expected to collide 71101 ...... 42 U.S.C. 17791(a). Pub. L. 110–422, title VIII, with Earth; and § 801(a), Oct. 15, 2008, 122 (B) implementing a deflection campaign, Stat. 4803. in consultation with international bodies, FINDINGS should one be necessary. Pub. L. 110–422, title VIII, § 802, Oct. 15, 2008, 122 Stat. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) 4803, provided that: ‘‘Congress makes the following findings: HISTORICAL AND REVISION NOTES ‘‘(1) Near-Earth objects pose a serious and credible Revised threat to humankind, as many scientists believe that Section Source (U.S. Code) Source (Statutes at Large) a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s spe- 71103 ...... 42 U.S.C. 17794. Pub. L. 110–422, title VIII, § 804, Oct. 15, 2008, 122 cies, including the dinosaurs, nearly 65,000,000 years Stat. 4804. ago. ‘‘(2) Several such near-Earth objects have only been discovered within days of the objects’ closest ap- 1 So in original. The comma probably should be preceded by proach to Earth and recent discoveries of such large ‘‘to’’. § 71104 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 148

In the matter before paragraph (1), the date ‘‘October FINDING 15, 2008’’ is substituted for ‘‘the date of enactment of Pub. L. 110–422, title XI, § 1102(a), Oct. 15, 2008, 122 this Act’’ to reflect the date of enactment of the Na- Stat. 4808, provided that: ‘‘Congress finds that as more tional Aeronautics and Space Administration Author- countries acquire the capability for launching payloads ization Act of 2008. into outer space, there is an increasing need for a framework under which information intended to pro- § 71104. Planetary radar mote safe access into outer space, operations in outer The Administrator shall maintain a planetary space, and return from outer space to Earth free from radar that is comparable to the capability pro- physical or radio-frequency interference can be shared vided through the Deep Space Network among those countries.’’ Goldstone facility of the Administration. SPACE POLICY DIRECTIVE–3. NATIONAL SPACE TRAFFIC MANAGEMENT POLICY (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) Space Policy Directive–3, June 18, 2018, 83 F.R. 28969, HISTORICAL AND REVISION NOTES provided: Memorandum for the Vice President[,] the Secretary Revised Source (U.S. Code) Source (Statutes at Large) of State[,] the Secretary of Defense[,] the Secretary of Section Commerce[,] the Secretary of Transportation[,] the 71104 ...... 42 U.S.C. 17795. Pub. L. 110–422, title VIII, Secretary of Homeland Security[,] the Director of Na- § 805, Oct. 15, 2008, 122 tional Intelligence[,] the Director of the Office of Man- Stat. 4804. agement and Budget[,] the Assistant to the President for National Security Affairs[,] the Administrator of CHAPTER 713—COOPERATION FOR SAFETY the National Aeronautics and Space Administration[,] AMONG SPACEFARING NATIONS the Director of the Office of Science and Technology Policy[,] the Deputy Assistant to the President for Sec. Homeland Security and Counterterrorism[, and] the 71301. Common docking system standard to enable Chairman of the Joint Chiefs of Staff rescue. SECTION 1. Policy. For decades, the United States has 71302. Information sharing to avoid physical or effectively reaped the benefits of operating in space to radio-frequency interference. enhance our national security, civil, and commercial sectors. Our society now depends on space technologies § 71301. Common docking system standard to en- and space-based capabilities for communications, navi- able rescue gation, weather forecasting, and much more. Given the significance of space activities, the United States con- In order to maximize the ability to rescue as- siders the continued unfettered access to and freedom tronauts whose space vehicles have become dis- to operate in space of vital interest to advance the se- abled, the Administrator shall enter into discus- curity, economic prosperity, and scientific knowledge sions with the appropriate representatives of of the Nation. spacefaring nations who have or plan to have Today, space is becoming increasingly congested and crew transportation systems capable of orbital contested, and that trend presents challenges for the safety, stability, and sustainability of U.S. space oper- flight or flight beyond low Earth orbit for the ations. Already, the Department of Defense (DoD) purpose of agreeing on a common docking sys- tracks over 20,000 objects in space, and that number tem standard. will increase dramatically as new, more capable sen- (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3439.) sors come online and are able to detect smaller objects. DoD publishes a catalog of space objects and makes no- HISTORICAL AND REVISION NOTES tifications of potential conjunctions (that is, two or more objects coming together at the same or nearly the Revised Source (U.S. Code) Source (Statutes at Large) same point in time and space). As the number of space Section objects increases, however, this limited traffic manage- 71301 ...... 42 U.S.C. 17734. Pub. L. 110–422, title IV, ment activity and architecture will become inadequate. § 407, Oct. 15, 2008, 122 At the same time, the contested nature of space is in- Stat. 4790. creasing the demand for DoD focus on protecting and defending U.S. space assets and interests. § 71302. Information sharing to avoid physical or The future space operating environment will also be radio-frequency interference shaped by a significant increase in the volume and di- versity of commercial activity in space. Emerging com- The Administrator shall, in consultation with mercial ventures such as satellite servicing, debris re- other agencies of the Federal Government as the moval, in-space manufacturing, and tourism, as well as Administrator considers appropriate, initiate new technologies enabling small satellites and very discussions with the appropriate representatives large constellations of satellites, are increasingly out- pacing efforts to develop and implement government of spacefaring nations to determine an appro- policies and processes to address these new activities. priate frame-work under which information in- To maintain U.S. leadership in space, we must de- tended to promote safe access into outer space, velop a new approach to space traffic management operations in outer space, and return from outer (STM) that addresses current and future operational space to Earth free from physical or radio-fre- risks. This new approach must set priorities for space quency interference can be shared among the situational awareness (SSA) and STM innovation in nations. science and technology (S&T), incorporate national se- curity considerations, encourage growth of the U.S. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3440.) commercial space sector, establish an updated STM ar- chitecture, and promote space safety standards and HISTORICAL AND REVISION NOTES best practices across the international community. The United States recognizes that spaceflight safety Revised Section Source (U.S. Code) Source (Statutes at Large) is a global challenge and will continue to encourage safe and responsible behavior in space while emphasiz- 71302 ...... 42 U.S.C. 17821(b). Pub. L. 110–422, title XI, ing the need for international transparency and STM § 1102(b), Oct. 15, 2008, 122 Stat. 4808. data sharing. Through this national policy for STM and other national space strategies and policies, the United Page 149 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 71302

States will enhance safety and ensure continued leader- should continue to make available basic SSA data and ship, preeminence, and freedom of action in space. basic STM services (including conjunction and reentry SEC. 2. Definitions. For the purposes of this memoran- notifications) free of direct user fees while supporting dum, the following definitions shall apply: new opportunities for U.S. commercial and non-profit (a) Space Situational Awareness shall mean the SSA data and STM services. knowledge and characterization of space objects and (e) Improve SSA data interoperability and enable greater their operational environment to support safe, stable, SSA data sharing. SSA data must be timely and accu- and sustainable space activities. rate. It is in the national interest of the United States (b) Space Traffic Management shall mean the plan- to improve SSA data interoperability and enable great- ning, coordination, and on-orbit synchronization of ac- er SSA data sharing among all space operators, consist- tivities to enhance the safety, stability, and sustain- ent with national security constraints. The United ability of operations in the space environment. States should seek to lead the world in the develop- (c) Orbital debris, or space debris, shall mean any ment of improved SSA data standards and information human-made space object orbiting Earth that no longer sharing. serves any useful purpose. (f) Develop STM standards and best practices. As the SEC. 3. Principles. The United States recognizes, and leader in space, the United States supports the develop- encourages other nations to recognize, the following ment of operational standards and best practices to principles: promote safe and responsible behavior in space. A criti- (a) Safety, stability, and operational sustainability cal first step in carrying out that goal is to develop are foundational to space activities, including commer- U.S.-led minimum safety standards and best practices cial, civil, and national security activities. It is a to coordinate space traffic. U.S. regulatory agencies shared interest and responsibility of all spacefaring na- should, as appropriate, adopt these standards and best tions to create the conditions for a safe, stable, and practices in domestic regulatory frameworks and use operationally sustainable space environment. them to inform and help shape international consensus (b) Timely and actionable SSA data and STM services practices and standards. are essential to space activities. Consistent with na- (g) Prevent unintentional radio frequency (RF) inter- tional security constraints, basic U.S. Government-de- ference. Growing orbital congestion is increasing the rived SSA data and basic STM services should be avail- risk to U.S. space assets from unintentional RF inter- able free of direct user fees. ference. The United States should continue to improve (c) Orbital debris presents a growing threat to space policies, processes, and technologies for spectrum use operations. Debris mitigation guidelines, standards, (including allocations and licensing) to address these and policies should be revised periodically, enforced do- challenges and ensure appropriate spectrum use for mestically, and adopted internationally to mitigate the current and future operations. operational effects of orbital debris. (h) Improve the U.S. domestic space object registry. (d) A STM framework consisting of best practices, Transparency and data sharing are essential to safe, technical guidelines, safety standards, behavioral stable, and sustainable space operations. Consistent norms, pre-launch risk assessments, and on-orbit colli- with national security constraints, the United States sion avoidance services is essential to preserve the should streamline the interagency process to ensure ac- space operational environment. curate and timely registration submissions to the SEC. 4. Goals. Consistent with the principles listed in United Nations (UN), in accordance with our inter- section 3 of this memorandum, the United States national obligations under the Convention on Registra- should continue to lead the world in creating the condi- tion of Objects Launched into Outer Space. tions for a safe, stable, and operationally sustainable (i) Develop policies and regulations for future U.S. or- space environment. Toward this end, executive depart- bital operations. Increasing congestion in key orbits and ments and agencies (agencies) shall pursue the follow- maneuver-based missions such as servicing, survey, and ing goals as required in section 6 of this memorandum: assembly will drive the need for policy development for (a) Advance SSA and STM Science and Technology. The national security, civil, and commercial sector space United States should continue to engage in and enable activities. Consistent with U.S. law and international S&T research and development to support the practical obligations, the United States should regularly assess applications of SSA and STM. These activities include existing guidelines for non-government orbital activi- improving fundamental knowledge of the space envi- ties, and maintain a timely and responsive regulatory ronment, such as the characterization of small debris, environment for licensing these activities. advancing the S&T of critical SSA inputs such as ob- SEC. 5. Guidelines. In pursuit of the principles and servational data, algorithms, and models necessary to goals of this policy, agencies should observe the follow- improve SSA capabilities, and developing new hard- ing guidelines: ware and software to support data processing and ob- (a) Managing the Integrity of the Space Operating Envi- servations. ronment. (b) Mitigate the effect of orbital debris on space activities. (i) Improving SSA coverage and accuracy. Timely, The volume and location of orbital debris are growing accurate, and actionable data are essential for effective threats to space activities. It is in the interest of all to SSA and STM. The United States should seek to mini- minimize new debris and mitigate effects of existing mize deficiencies in SSA capability, particularly cov- debris. This fact, along with increasing numbers of ac- erage in regions with limited sensor availability and tive satellites, highlights the need to update existing sensitivity in detection of small debris, through SSA orbital debris mitigation guidelines and practices to data sharing, the purchase of SSA data, or the provi- enable more efficient and effective compliance, and es- sion of new sensors. tablish standards that can be adopted internationally. New U.S. sensors are expected to reveal a substan- These trends also highlight the need to establish sat- tially greater volume of debris and improve our under- ellite safety design guidelines and best practices. standing of space object size distributions in various re- (c) Encourage and facilitate U.S. commercial leadership gions of space. However, very small debris may not be in S&T, SSA, and STM. Fostering continued growth and sufficiently tracked to enable or justify actionable col- innovation in the U.S. commercial space sector, which lision avoidance decisions. As a result, close conjunc- includes S&T, SSA, and STM activities, is in the na- tions and even collisions with unknown objects are pos- tional interest of the United States. To achieve this sible, and satellite operators often lack sufficient in- goal, the U.S. Government should streamline processes sight to assess their level of risk when making maneu- and reduce regulatory burdens that could inhibit com- vering decisions. The United States should develop bet- mercial sector growth and innovation, enabling the ter tracking capabilities, and new means to catalog U.S. commercial sector to continue to lead the world in such debris, and establish a quality threshold for ac- STM-related technologies, goods, data, and services on tionable collision avoidance warning to minimize false the international market. alarms. (d) Provide U.S. Government-supported basic SSA data Through both Government and commercial sector and basic STM services to the public. The United States S&T investment, the United States should advance § 71302 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 150 concepts and capabilities to improve SSA in support of • Coordination of orbit utilization to prevent con- debris mitigation and collision avoidance decisions. junctions; (ii) Establishing an Open Architecture SSA Data Re- • Constellation owner-operators’ management of self- pository. Accurate and timely tracking of objects or- conjunctions; biting Earth is essential to preserving the safety of • Owner-operator notification of planned maneuvers space activities for all. Consistent with section 2274 of and sharing of satellite orbital location data; title 10, United States Code, a basic level of SSA data • On-orbit tracking aids, including beacons or sens- in the form of the publicly releasable portion of the ing enhancements, if such systems are needed; DoD catalog is and should continue to be provided free • Encryption of satellite command and control links of direct user fees. As additional sources of space track- and data protection measures for ground site oper- ing data become available, the United States has the ations; opportunity to incorporate civil, commercial, inter- • Appropriate minimum reliability based on type of national, and other available data to allow users to en- mission and phase of operations; hance and refine this service. To facilitate greater data • Effect on the national security or foreign policy in- sharing with satellite operators and enable the com- terests of the United States, or international obliga- mercial development of enhanced space safety services, tions; and the United States must develop the standards and pro- • Self-disposal upon the conclusion of operational tocols for creation of an open architecture data reposi- lifetime, or owner-operator provision for disposal using tory. The essential features of this repository would in- active debris removal methods. clude: (ii) On-Orbit Collision Avoidance Support Service. • Data integrity measures to ensure data accuracy Timely warning of potential collisions is essential to and availability; preserving the safety of space activities for all. Basic • Data standards to ensure sufficient quality from di- collision avoidance information services are and should verse sources; • Measures to safeguard proprietary or sensitive continue to be provided free of direct user fees. The im- data, including national security information; minent activation of more sensitive tracking sensors is • The inclusion of satellite owner-operator expected to reveal a significantly greater population of ephemerides to inform orbital location and planned the existing orbital debris background as well as pro- maneuvers; and vide an improved ability to track currently catalogued • Standardized formats to enable development of ap- objects. Current and future satellites, including large plications to leverage the data. constellations of satellites, will operate in a debris en- To facilitate this enhanced data sharing, and in rec- vironment much denser than presently tracked. Pre- ognition of the need for DoD to focus on maintaining venting on-orbit collisions in this environment requires access to and freedom of action in space, a civil agency an information service that shares catalog data, pre- should, consistent with applicable law, be responsible dicts close approaches, and provides actionable warn- for the publicly releasable portion of the DoD catalog ings to satellite operators. The service should provide and for administering an open architecture data reposi- data to allow operators to assess proposed maneuvers tory. The Department of Commerce should be that civil to reduce risk. To provide on-orbit collision avoidance, agency. the United States should: (iii) Mitigating Orbital Debris. It is in the interest of • Provide services based on a continuously updated all space operators to minimize the creation of new or- catalog of satellite tracking data; bital debris. Rapid international expansion of space op- • Utilize automated processes for collision avoidance; erations and greater diversity of missions have ren- • Provide actionable and timely conjunction assess- dered the current U.S. Government Orbital Debris Miti- ments; and gation Standard Practices (ODMSP) inadequate to con- • Provide data to operators to enable assessment of trol the growth of orbital debris. These standard prac- maneuver plans. tices should be updated to address current and future To ensure safe coordination of space traffic in this fu- space operating environments. The United States ture operating environment, and in recognition of the should develop a new protocol of standard practices to need for DoD to focus on maintaining access to and set broader expectations of safe space operations in the freedom of action in space, a civil agency should be the 21st century. This protocol should begin with updated focal point for this collision avoidance support service. ODMSP, but also incorporate sections to address oper- The Department of Commerce should be that civil ating practices for large constellations, rendezvous and agency. proximity operations, small satellites, and other class- (c) Strategies for Space Traffic Management in a Global es of space operations. These overarching practices will Context. provide an avenue to promote efficient and effective (i) Protocols to Prevent Orbital Conjunctions. As in- space safety practices with U.S. industry and inter- creased satellite operations make lower Earth orbits nationally. more congested, the United States should develop a set The United States should pursue active debris re- of standard techniques for mitigating the collision risk moval as a necessary long-term approach to ensure the of increasingly congested orbits, particularly for large safety of flight operations in key orbital regimes. This constellations. Appropriate methods, which may in- effort should not detract from continuing to advance clude licensing assigned volumes for constellation oper- international protocols for debris mitigation associated ation and establishing processes for satellites passing with current programs. (b) Operating in a Congested Space Environment. through the volumes, are needed. The United States (i) Minimum Safety Standards and Best Practices. should explore strategies that will lead to the estab- The creation of minimum standards for safe operation lishment of common global best practices, including: and debris mitigation derived in part from the U.S. • A common process addressing the volume of space Government ODMSP, but incorporating other stand- used by a large constellation, particularly in close ards and best practices, will best ensure the safe oper- proximity to an existing constellation; ation of U.S. space activities. These safety guidelines • A common process by which individual spacecraft should consider maneuverability, tracking, reliability, may transit volumes used by existing satellites or con- and disposal. stellations; and The United States should eventually incorporate ap- • A set of best practices for the owner-operators of propriate standards and best practices into Federal law utilized volumes to minimize the long-term effects of and regulation through appropriate rulemaking or li- constellation operations on the space environment (in- censing actions. These guidelines should encompass cluding the proper disposal of satellites, reliability protocols for all stages of satellite operation from de- standards, and effective collision avoidance). sign through end-of-life. (ii) Radio Frequency Spectrum and Interference Pro- Satellite and constellation owners should participate tection. Space traffic and RF spectrum use have tradi- in a pre-launch certification process that should, at a tionally been independently managed processes. In- minimum, consider the following factors: creased congestion in key orbital regimes creates a Page 151 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 71302 need for improved and increasingly dynamic methods ices either directly or through a partnership with in- to coordinate activities in both the physical and spec- dustry or academia, consistent with the guidelines of tral domains, and may introduce new interdepend- sections 5(a)(ii) and 5(b)(ii) of this memorandum. encies. U.S. Government efforts in STM should address (ii) The Secretary of Defense shall maintain the au- the following spectrum management considerations: thoritative catalog of space objects. • Where appropriate, verify consistency between pol- (iii) The Secretaries of Defense and Commerce shall icy and existing national and international regulations assess whether statutory and regulatory changes are and goals regarding global access to, and operation in, necessary to effect the plan developed under subsection the RF spectrum for space services; (d)(i) of this section, and shall pursue such changes, • Investigate the advantages of addressing spectrum along with any other needed changes, as appropriate. in conjunction with the development of STM systems, (e) Improve SSA Data Interoperability and Enable standards, and best practices; Greater SSA Data Sharing. • Promote flexible spectrum use and investigate (i) The Secretary of Commerce, in coordination with emerging technologies for potential use by space sys- the Secretaries of State, Defense, and Transportation, tems; and the NASA Administrator, and the Director of National • Ensure spectrum-dependent STM components, such Intelligence, shall develop standards and protocols for as inter-satellite safety communications and active de- creation of an open architecture data repository to im- bris removal systems, can successfully access the re- prove SSA data interoperability and enable greater quired spectrum necessary to their missions. SSA data sharing. (iii) Global Engagement. In its role as a major (ii) The Secretary of Commerce shall develop options, spacefaring nation, the United States should continue either in-house or through partnerships with industry to develop and promote a range of norms of behavior, or academia, assessing both the technical and economic best practices, and standards for safe operations in feasibility of establishing such a repository. space to minimize the space debris environment and (iii) The Secretary of Defense shall ensure that re- promote data sharing and coordination of space activi- lease of data regarding national security activities to ties. It is essential that other spacefaring nations also any person or entity with access to the repository is adopt best practices for the common good of all consistent with national security interests. spacefaring states. The United States should encourage (f) Develop Space Traffic Standards and Best Prac- the adoption of new norms of behavior and best prac- tices. The Secretaries of Defense, Commerce, and tices for space operations by the international commu- Transportation, in coordination with the Secretary of nity through bilateral and multilateral discussions State, the NASA Administrator, and the Director of with other spacefaring nations, and through U.S. par- National Intelligence, and in consultation with the ticipation in various organizations such as the Inter- Chairman of the FCC, shall develop space traffic stand- Agency Space Debris Coordination Committee, Inter- ards and best practices, including technical guidelines, national Standards Organization, Consultative Com- minimum safety standards, behavioral norms, and or- mittee for Space Data Systems, and UN Committee on bital conjunction prevention protocols related to pre- the Peaceful Uses of Outer Space. launch risk assessment and on-orbit collision avoid- SEC. 6. Roles and Responsibilities. In furtherance of the ance support services. goals described in section 4 and the guidelines de- (g) Prevent Unintentional Radio Frequency Inter- scribed in section 5 of this memorandum, agencies shall ference. The Secretaries of Commerce and Transpor- carry out the following roles and responsibilities: tation, in coordination with the Secretaries of State (a) Advance SSA and STM S&T. Members of the Na- and Defense, the NASA Administrator, and the Direc- tional Space Council, or their delegees, shall coordi- tor of National Intelligence, and in consultation with nate, prioritize, and advocate for S&T, SSA, and STM, the Chairman of the FCC, shall coordinate to mitigate as appropriate, as it relates to their respective mis- the risk of harmful interference and promptly address sions. They should seek opportunities to engage with any harmful interference that may occur. the commercial sector and academia in pursuit of this (h) Improve the U.S. Domestic Space Object Registry. goal. The Secretary of State, in coordination with the Sec- (b) Mitigate the Effect of Orbital Debris on Space Ac- retaries of Defense, Commerce, and Transportation, the tivities. NASA Administrator, and the Director of National In- (i) The Administrator of the National Aeronautics telligence, and in consultation with the Chairman of and Space Administration (NASA Administrator), in the FCC, shall lead U.S. Government efforts on inter- coordination with the Secretaries of State, Defense, national engagement related to international trans- Commerce, and Transportation, and the Director of Na- parency and space object registry on SSA and STM is- tional Intelligence, and in consultation with the Chair- sues. man of the Federal Communications Commission (i) Develop Policies and Regulations for Future U.S. (FCC), shall lead efforts to update the U.S. Orbital De- Orbital Operations. The Secretaries of Defense, Com- bris Mitigation Standard Practices and establish new merce, and Transportation, in coordination with the guidelines for satellite design and operation, as appro- Secretary of State, the NASA Administrator, and the priate and consistent with applicable law. Director of National Intelligence, shall regularly evalu- (ii) The Secretaries of Commerce and Transportation, ate emerging trends in space missions to recommend in consultation with the Chairman of the FCC, will as- revisions, as appropriate and necessary, to existing sess the suitability of incorporating these updated SSA and STM policies and regulations. standards and best practices into their respective li- SEC. 7. General Provisions. (a) Nothing in this memo- censing processes, as appropriate and consistent with randum shall be construed to impair or otherwise af- applicable law. fect: (c) Encourage and Facilitate U.S. Commercial Lead- (i) the authority granted by law to an executive de- ership in S&T, SSA, and STM. The Secretary of Com- partment or agency, or the head thereof; or merce, in coordination with the Secretaries of Defense (ii) the functions of the Director of the Office of Man- and Transportation, and the NASA Administrator, agement and Budget relating to budgetary, administra- shall lead efforts to encourage and facilitate continued tive, or legislative proposals. U.S. commercial leadership in SSA, STM, and related (b) This memorandum shall be implemented consist- S&T. ent with applicable law and subject to the availability (d) Provide U.S. Government-Derived Basic SSA Data of appropriations. and Basic STM Services to the Public. (c) This memorandum is not intended to, and does (i) The Secretaries of Defense and Commerce, in co- not, create any right or benefit, substantive or proce- ordination with the Secretaries of State and Transpor- dural, enforceable at law or in equity by any party tation, the NASA Administrator, and the Director of against the United States, its departments, agencies, or National Intelligence, should cooperatively develop a entities, its officers, employees, or agents, or any other plan for providing basic SSA data and basic STM serv- person. § 71302 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS Page 152

(d) The Secretary of Commerce is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP.